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HomeMy WebLinkAboutCOM 0064.000 2004-2006 NSY OIH lPJ j:~ ~ ~.~t4'i Harry Kim L~~g. Dixie Kaetsu Mny'or •j j • ,L(nttrtgittg D[reclor :r:~~ Peter L. Hendricks ~+r oR~M~'M Depuly Managing Director COUNTY OF HAWAII 25 Aupun Street, Room 215 • Hilo, Hawaii 96720-4252 . (808) 961-82I 1 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 December 21, 2004 Honorable Gary Safarik, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Safarik and Members: State Land Use Boundary Amendment Application (SLU 04-011) Request: Agricultural to Rural Change of Zone Application (REZ 04-026) Request: A-Sato RA-2a Applicant: Robert and Christine Almeida Tax Map Key: 6-2-11:33 Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Key: 7-4-4:80, 81, 82, 83 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, t Harry Kim Mayor ~IZOZOa Enclosures cc: Planning Department J ~ ~ Comm. No. Hawaii (~ounty a an Equal Opporlumty Employer and Provider Ref. To: Ci Ref. Uote JNSV Of H,~ o.• l~ ~~Jii. Harry Kim i Mayor f pf~ County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawei'i 96720.3043 (808)961-8288 Fax (808)961-8742 December 20, 2004 Honorable Gary Safarik, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Safarik and Members: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Man Key: 7-4-4:80, 81, 82, 83 The Planning Commission at its duly held public hearing on December 2, 2004, considered the Change of Zone application filed by Ho`awe LLC for approximately 4.006 acres of land from an Agricultural 1-acre (A-1 a) to a Single Family Residential 15,000 square foot (RS-15) district. The properties are located at the western end of Pamahoa Place, approximately 600 feet from the Palani Road-Pamahoa Place intersection, Pamahoa Estates Subdivision, Kealakehe Homestead Lots, North Kona, Hawai `i. In light of testimony from the public regarding such things as the project will not provide affordable housing and it will change the character of the neighborhood and the comments from the Department of Public Works regarding traffic and Palani Road, a motion was made to send an unfavorable recommendation to the County Council. There were four votes in favor of the motion and one against. Only five members of the Planning Commission attended the meeting. No other motions were made. The four to one vote constitutes a "no action" by the Planning Commission because of the lack of the five affirmative votes required by Hawaii County Charter, Section 13-4(I). Under Section 25-2-42(d)(3) and Planning Commission Rules 11-3(b)(2), the Planning Commission's non-action constitutes an unfavorable recommendation. The application is being forwarded to the County Council with this unfavorable recommendation, along with a copy of the hearing transcript. Hawat'i County is an Equal Opportunity Proveder and Employer Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The applicant was given the option of having the Planning Commission vote on the application at a subsequent meeting or have the matter referred to the County Council. The applicant elected to have the application be forwarded to the County Council. Accordingly, we are hereby transmitting this letter that explains the unfavorable recommendation of the Planning Commission. The favorable recommendation of the Planning Director, along with the proposed bill and the Planning Department's Background Report and Recommendation, are also being included. For your information, the applicant requested Condition E be amended to read, "Any vehicular gate shall be set back a minimum of 60 feet from the existing right-of--way of Palani Road if agreed to by all lot owners within the Pamahoa Estates Subdivision," inasmuch as their attorney stated that they would need a unanimous agreement of the lot owners to install such a gate. The Director had stated he could support a rewording of Condition E that would preserve the intent of any gate be set back the required distance. Should you have any questions, please feel free to contact Nonnan Hayashi of the Planning Department at 961-8288. Sincerely Fred Gal nes, Chairman Planning Commission Enclosures cc: Ms. Pamela Harlow Ho`awe LLC Department of Public Works Department of Water Supply Planning Department -Kona Rodney Haraga, Director-DOT, Highways, Honolulu Department of Land and Natural Resources/HPD-Kona PLANNING COMMISSION COUNTY OF HAWAI' I HEARING TRANSCRIPT DECEMBER 2, 2004 A regularly advertised hearing on the application of HOAWE, LLC (R.EZ 04-018) was called to order at 10:48 a.m. in the Hapuna Beach Prince Hotel, Hau/Lehua Room, 62-100 Kaunaoa Drive, Kohala Coast, Hawaii with First Vice-Chair Earl Fujikawa presiding. PRESENT: Earl Fujikawa ABSENT AND EXCUSED: Fred Galdones C. Kimo Alameda Rene Siracusa Jeffrey McCall William Graham Francis Smith Hannah Springer Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Kiran Emler representing Department of Public Works And approximately 10 people from the public in attendance. APPLICANT: HOAWE, LLC (REZ 04-018) Change of Zone for approximately 4.006 acres from an Agricultural 1-acre (A-la) to a Single Family Residential 15,000-square foot (RS-15) district. The properties are located at the western end of Pamahoa Place, approximately 600 feet from the Palani Road - Pamahoa Place intersection, Pamahoa Estates Subdivision, Kealakehe Homestead Lots, North Kona, Hawaii, TMK: 7-4-4:80 - 83. FUJIKAWA: Okay, Item No. 5 on the agenda is an application by HOAWE, LLC. This is a Change of Zone for approximately 4.006 acres from an Agricultural 1-acre (A-la) to a Single Family Residential 15,000-square foot (RS-l5) district in the Pamahoa Estates Subdivision, Kealakehe Homestead Lots, North Kona. Staff? DARROW: Thank you, Mr. Chairman. If I may direct your attention to the location map. The subject properties are located at the western end of Pamahoa Place, approximately 600 feet from the Palani Road -Pamahoa Place intersection, Pamahoa Estates Subdivision. This in the Kealakehe Homestead Lots, North Kona. This is Palani Road and this is Ula`o`a Street running in this direction. The subject properties are indicated in this red-colored area. 1 ATTACH: Comn. 64 (Bill 211 The applicant is requesting a change of zone for approximately 4.006 acres from an Agricultural 1-acre (A-la) to a Single Family Residential 15,000-square foot (RS-15) district. We have received a letter of opposition from Attorney Bob Borns representing several lot owners, as well as adjoining lot owners; and we, just this morning we received two letters of support from Winston Chow and Victoria Obedoza. I would like to bring to your attention that Condition D of the conditions list that it will prohibit the construction of a second dwelling or CPR, condominium property regime, for these newly-created lots, if approved. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the County Council. Are there any questions? FUJIKAWA: Are there any questions, Commissioners, to the staff? If not, will the Applicant or his representative please step forward. Can you raise your right hand, please. Do you swear to tell the truth on this matter now before the Hawaii Planning Commission? HARLOW: I do. PACK: I do. FUJIKAWA: Thank you. We'll start with you, Pam. Could you state your name and your address. HARLOW: Yes. My name is Pamela Harlow. I'm a planner with SSFM International. My address is 74-5620 Palani Road, Suite A-218, Kailua-Kona, Hawaii 96740. With me this morning is member-agent Thomas W. Pack of Hoawe, LLC. FUJIKAWA: Okay. Tom, you may start with your name and address. PACK: My name is Thomas Pack. My address is 75-5629 Kuakini Highway, Suite R-489, here in Kailua-Kona. FUJIKAWA: Thank you. You may proceed, Pam. HARLOW: I would like to thank the staff for the Background Report and presentation this morning. I have just one minor clarification to offer on the Background Report, and that is under Item No. 5 in the background information on the first page. Variance Permit No. 1339 was approved on November 14, 2002, not 2003, as stated. FUJIKAWA: Staff, you got it? DARROW: Yes. 2 FUJIKAWA: Thank you. HARLOW: We are in agreement with everything else in the Background Report and the Recommendation, with one small exception, and that is Condition E. Condition E currently states, "Any vehicular gate shall be set back a minimum of 60 feet from the existing right-of--way line of Palani Road." The Applicant would like to either eliminate or amend this condition, the reason being that the Applicant does not have the sole authority to determine whether there should be a gate placed there at all or where it should be placed, and that is because the Applicant owns or controls the easement along with the other 141ot owners within the subdivision. So the Applicant does not have the power to determine where that gate should be. So it'd be impossible for them to comply with this condition. So, as an alternative to that wording, we would like to suggest the following: Condition E to read, "Any vehicular gate shall be set back a minimum of 60 feet from the existing right-of--way of Palani Road if agreed to by all lot owners within the Pamahoa Estates Subdivision." FUJIKAWA: Thafd be the added request, right, "by all lot owners," is that what it is? HARLOW: That's correct. It would add the words, "if agreed to by all lot owners within the Pamahoa Estates Subdivision." FUJIKAWA: Director, could you answer to that? Is it okay? YUEN: We're putting this in because this, we have had problems with the vehicular gates and there not being enough space when people pull up to the gate and cars backing up, and potentially backing up into the Palani Road right-of--way. Let me think about this a little bit more. But we really don't, we really want to be sure that there is enough space for cars that maybe stopped by any gate. Do you know if there are any plans in the subdivision to gate the road? HARLOW: Let me have Mr. Pack address that question. FUJIKAWA: Mr. Pack. PACK: Actually, there are no definite plans now. There has been talk among some of the homeowners as to the possibility and the advisability of installing a gate. From a realistic point of view, if it happens it would probably be set backed several hundred feet, because I know that the owners of Lot 1, they have told us that they would not like a gate to be installed anywhere near their house. So if a gate is installed, almost certainly if 11 be set at least 200 to 300 feet back from Palani Road. 3 And, I guess, I might be willing to go on record as saying that I would, what, I'd do what I can to veto any gate within 60 feet of Palani Road. I'm certainly in agreement that that would be a hazardous location. YUEN: What do the, are there subdivision, current subdivision documents that talk about how this would be decided, how the subdivision would decide? Would it strictly be by majority vote? PACK: Off hand, I don't recall exactly how the CC&R's are worded. But I do know that my wife and I have talked with our attorney, Matt Jewell, and Matt has essentially advised us that unless all 15 owners are in agreement that we should not try to install a gate anywhere. HARLOW: The CC&R's don't specifically address the installation of a gate per se. YUEN: I would willing to modify the condition so that it's covenant- binding on all the future lot owners that they, that should the issue of a gate come up that they would not approve it unless it was located minimum 60 feet from the Palani Road right-of--way. In the meantime, I would want to see a letter from your attorney to the effect that that would prevent a gate by being installed closer by some kind of majority vote. You know, what you said is that you'd have to have unanimous agreement of the lot owners to install a gate. That being the case, I don't know what the basis for that is, you know, not having read any of your documents or not knowing why you said that. if you could get a letter to that effect before we took this to the Council, I'd be satisfied with that. If not, we would, we'd have to revisit this at the Council level. Let me work on a condition for a few minutes. FUJIKAWA: Pam, I have a question. In the CC&R's, I believe that you're reading the CC&R's. Is there anything in the CC&R's that states that any changes has to be a majority vote in the HARLOW: Well, under the Roadway Maintenance section of the CC&R's, there is a section regarding votes, regarding repair and maintenance. And it states, "For purposes of this Agreement, any decision to incur, expend and/or use funds or monies to operate, maintain, upkeep, repair, protect, improve and/or preserve the roadway/utility easement, including but not limited to paving or repaving the roadway/utility easement must be affirmatively approved by owners oftwo-thirds (2/3) of the lots. Any decision so confirmed shall be binding on all owners. The Design Committee shall have the authority to execute maintenance decisions of the lot owners and to assess upon each owner the owner's pro rata share of costs in accordance with Article VIII. The expenditure of any and all funds, monies and/or expenses so approved and decided upon shall be documented in writing and signed by all parties so affirming same." 4 YUEN: Well, do you know if this lot counts as one lot in the CC&R's, or if you subdivided to eight is it going to count as eight, for purposes of these two-thirds vote? PACK: Well, once it's subdivided, each new lot would have one vote. FUJIKAWA: Yeah, it says right here. YUEN: Okay. So then as long as none of the other lots gets subdivided, you would have more than a third, right? You'd have 8 out of 21 at the end of this? PACK: Well, actually, nine because my wife and I own another lot where we live in the subdivision; but, yes, we would have 8 or 9. YUEN: You wouldn't have any objection to having that lot also bound by this covenant that you would vote against a gate located closer than 60 feet from the Ali'i, from the Palani right-of--way? PACK: No, no, that would be fine. YUEN: Okay. HARLOW: Perhaps I can shed a little light on this. Within the CC&R's, there is a definition of lot meaning Lots 1 through 15, as well as any separate parcels later created from any of the properties described in the exhibit. So it applies to all future lots as well. FUJIKAWA: Mr. Pack, you have anything to say? PACK: Nothing further, no. HARLOW: I'd like to make a brief statement. I believe that the Background Report covered this adequately, as well as the Recommendation prepared by staff and approved by the Planning Director, but I would like to point out the following: This project provides sorely-needed additional residential lots in close proximity to the urban core of Kailua Village. The resulting density is going to be the same with this project, whether the existing four lots were developed with a primary dwelling and an ohana dwelling, or the proposed eight lots are developed with one single-family dwelling per lot. So there will be no increase in density should this application be approved. And, contrary to statements in Mr. Borns' letter, Hoawe LLC has followed all applicable rules and regulations in developing Pamahoa Estates Subdivision, and will continue to do so with this subject project. FDJIKAWA: Is there any question, Commissioners, with the Applicant's representative? Springer? 5 SPRINGER: This goes to the Planning Director and perhaps Mr. Emler. I'm looking at Exhibit C, the second page, Item 3, which indicates "Palani Road, the County road serving Pamahoa Place, is a primary arterial road." And it goes on to say that "It is substandard based on width, alignment and roadside hazard clearances. Palani Road should be improved to an 80-ft. right-of way according to the County's General Plan. Average daily volume was 15450 vehicles per day in 2002. This will be identified as a deficient link based on daily volume under criteria established in the 1998 Hawaii Long Range Transportation Plan." I'm wondering if I might have a discussion of that comment with regard to this application and a statement by the Applicant that this application does nothing to increase the density that has already been approved. FUJIKAWA: Mr. Emler? EMLER: Well, because the issue of concurrency on traffic issues have come up in the recent past on other applications, we thought we should make a comment regarding what the daily traffic volumes were or are on Palani Road and make a statement about what, in comparison to what some traffic volume standards have been established in the, and, using some type of source as like a guideline to determine what, how it compares. And there is a table in the 1998 Long Range Transportation Plan that gives a very basic comparison of daily traffic volumes to level of service; and it indicates that this would be deficient link based on those traffic volumes. SPRINGER: Mr. Emler May I continue? FUJIKAWA: Go ahead. SPRINGER: Mr. Emler, the Applicant's representative has indicated that this application does nothing to change the population density. And so there, I imagine, the implication is so there would be no increase in numbers of cars on the road. Is that accurate to the Applicant? HARLOW: That would be true if the four lots, the four existing lots, were developed with two homes, a primary dwelling and an ohana dwelling. Because the Applicant owns all four lots and has the necessary water commitments from the Department of Water Supply, that is completely within the realm of possibility now. SPRINGER: Thank you. So, Mr. Emler, I guess, and maybe Mr. Yuen can enter into this discussion as well, I'm just trying to understand how to take the Department of Public Works' observation that we have conditions of substandards and deficiency with what the Applicant is representing. EMLER: Well, given the Applicant's response to that issue, I don't disagree or Public Works would not disagree with that assessment, that if they were to develop ohana dwellings on these lots, in other words, two dwellings per existing lot, it would not increase the potential traffic generation from the properties to subdivide them, otherwise 6 subdivide them into two individual lots without allowing ohanas on those individual lots which I see there is a restriction in the proposed conditions for this zone change to prohibit ohana dwellings on the newly-created lots. So, given that, I would not disagree with the Applicant's countering to that issue. SPRINGER: Thanks, Mr. Emler. Mr. Yuen, can you help me with this? YUEN: Sure. This wasn't an easy application for us to look at because it involves a collision of two different policies. One, the housing policy where we are trying to create additional housing opportunities within Kailua-Kona, specifically, and, that may tend to alleviate the traffic problem to some degree because it enables people to look closer to work places, rather than people living in South Kona, Ocean View, Honoka'a, even Kalaoa, places more distant from the typical commuting pattern, which is into Kailua-Kona from the rural and suburban areas of Kona. On the other hand, we are creating additional lots that feed into Palani Road, which is quite inadequate in its current design. On balance, because of the fact that you did have a potential for the same number of lots from, the same number of houses under the ohana zoning possibility, the fact that we are, we continue to think that housing opportunities within Kailua-Kona are part of the traffic solution rather than necessarily part of the traffic problem, we do recommend approval of this. The toughest part of this one actually was at Palani, isn't very good, and to just add, and adding more people that then feed off of Palani. We did work on trying to see if there was a way to make Pamahoa Place a through road with a back, some kind of back connection to the other subdivision roads in the azea but that, it just doesn't pan out. And we could get into the nifty-gritty of this, but it didn't, we worked on it and we couldn't find a way to do it. SPRINGER: Mr. Chair? FUJIKAWA: Go ahead, Ms. Springer. SPRINGER: I've missed the answer to this question that I'm going to ask him in the background materials that I appreciate being referred to it. But do we know how many accidents, including minor fender-benders, occurred between Palani junction and the bottom of Liliuokalani Gazdens? YUEN: I did look at this one time in connection with another project, but I couldn't give you any statistics. It's something that the Police Department keeps accident records. And the State and Public Works have access to these that, they have accident records by mile marker and going back, you know, many, many years; and so you can pull up the accidents for any particular stretch of road. There are fatalities along Palani Road. As I recall, the worst sections are the S-curve at the top. I was, you know, when I looked at this I thought that there would be more, to tell you the truth, but I guess people 7 are used to it. But it's, and there's no question that it's a substandard road, especially for the number of people that go up and down it everyday. FUJIKAWA: Is there any other question, Commissioners, with the Applicant's representatives, staff or the Director? SPRINGER: Mr. Chair? FUJIKAWA: You do have one, Ms. Springer? SPRINGER: I have a comment, and that's just that, with the Public Works comments regarding the substandazds and deficiency of Palani Road, particularly in this section where sight distance is limited and shoulders are, looking at the photographs, are quite narrow, if existent at all. I have strong reservations about voting in the affirmative on this matter. And I'm not sure, I'm seeking guidance if we should put it to a vote or defer it at this time before we go to vote. FUJIKAWA: You want to defer it at this time? What do you want to do? ALAMEDA: Chair I'm just interested to learn a little bit more about your reservations. Commissioner Springer, again? SPRINGER: I'm looking at Exhibit C, second page, third item, of both of the memoranda; and that's the discussion of the substandazd conditions based on width alignment and roadside hazazd clearances, and the statement that Palani Road should be improved to an 80-foot wide right-of--way, according to the County's General Plan, and looking at the average daily volume of vehicles, and then the further discussion that this would be identified as a deficient link based on daily volume under criteria established in the 1998 Highway Long Range Transportation Plan. I have reservations about approving this. ALAMEDA: Thank you. SPRINGER: You're welcome. FUJIKAWA: McCall? MCCALL: Yeah, I mean, we have visited here before. You know, Palani Road is definitely a problem. And if someone could refresh my memory, but I think that, you know, there are no plans at this point in time to make any improvements to Palani Road. If I could refer that to Mr. Emler. FUJIKAWA: Mr. Emler? EMLER: There are funds in the Capital Improvements budget for, I believe it's $2-1/2 million to do some improvements on Palani Road, safety improvements 8 they're called. Palani Road safety improvements it's called. That money, at least a portion of it, is going to be used for improving the intersection of Kealakaa Street with Palani Road in which they'll be realigning that intersection with one of the streets that enters the Queen Liliuokalani Trust Subdivision there, or Queen Liliuokalani Village residential area will be aligned with that. That project is still in the planning, in the construction planning stage. That intersection will be signalized. I'm not sure how much of that $2-1/2 million is going to be used for that. But other than that there are no definite plans for other safety improvements at this time on Palani Road. There have been some recent improvements of shoulder width on the roadway done by our Highway Maintenance Division under their budget. SPRINGER: Mr. Chair? FUJIKAWA: Springer. SPRINGER: Ki, could you point out those locations for us on the map where the Kealakaa work is going to be done, as compared to where the Applicant would be accessing Palani Road? EMLER: Kealakaa Street is approximately here; and the subdivision, proposed subdivision is where this red dot is. The closest street intersecting Palani Road is the one called Ula`o`a Street. It's just south of the entrance to the subdivision, which is called Pamahoa Place. It's the cul-de-sac that serves the proposed lots. SPRINGER: And does that road, is it Ulu I'm sorry, could you repeat the name again? EMLER: Ula`o`a. SPRINGER: Ula`o`a, does that intersect with Kealakaa? In other words, would people coming out of the subdivision have to come out onto Palani Road on Ula`o`a, or may they go deeper into the subdivision and come out at the proposed channelized intersection? EMLER: Is your question regazding actions taken by the proposed lot owners? SPRINGER: Yes. EMLER: Okay. The proposed lot owners will be only able to access Palani Road by way of the cul-de-sac that serves their lots, so they would have to come onto Palani Road. If they wanted to go to Kealakaa Street, then they would take one of the several accesses that are available, mentioned in my comments, Hao Kuni Street, Ula`o`a and then, of course, Kealakaa itself. 9 SPRINGER: Thank you. That's consistent with what the Director said. Thanks for the illustration. FUJIKAWA: Any questions or comments, Commissioners? Alameda? ALAMEDA: Thank you. I'm just wondering if, you know, with Commissioner Springer's reservations, what condition or what could mediate Commissioner Springer's reservations? Commissioner Springer? FUJIKAWA: Commissioner Springer? SPRINGER: Fix Palani Road. ALAMEDA: Oh, boy. Okay. FUJIKAWA: Okay? ALAMEDA: Yes. FUJIKAWA: Springer, you have anything to say? SPRINGER: I'm just wondering what the pleasure of the Chair is, if the Chair would prefer to take a vote on the matter or to defer? ALAMEDA: Commissioner Chair? The only reason I ask is `cause even if we defer, Palani Road ain't going to improve at the next meeting. So I'm just FUJIKAWA: Yeah, before we continue on this, Commissioner Springer, we do have a person who signed up to testify. Maybe we'll make a room for the person to, you may slide right on over, Pam. Could David Clausnitzer, sir? Is there anyone else in the audience who would like to testify on this particular application? Just you, David. Kindly raise your right hand. Do you swear to tell the truth on this matter now before the Hawaii Planning Commission? CLAUSNITZER: I do. FUJIKAWA: Please state your name and your address. CLAUSNITZER: My name is Dr. David Clausnitzer. I live at 74-836 Pamahoa Place, Kailua-Kona. FUJIKAWA: Thank you. You may proceed. CLAUSNITZER: I'm a field ecologist and soil scientist with the U.S. Department of Agriculture, and I moved to Kona a little bit more than a year ago to assume my new position here. My wife, Kathy, moved here earlier this year and we moved into our 10 house in Pamahoa Estates. I'm here to speak in opposition to the proposed rezoning of these four lots. 1 also represent a number of people whose names are on a list which has been submitted to you who are with me in this opposition. First thing I'd like to say is there really is no significant effect that subdividing these four lots will have on the housing situation in Kona. It's simply too small a number. The other thing is that these lots will not be inexpensive lots. Even though they're going to be cut to half the size of the current lots, they're still going to be very expensive. So it's not going to provide affordable housing, it's not going to provide an alternative to people who are looking for lots in Hawaiian Ocean View Estates, for instance, which came up earlier in one of the statements. So I think that the argument that this is alleviating the housing crisis in Kona is insignificant, I'll just put it that way. Another statement that was made earlier that I'd like to refute is that there will be no change in density by subdividing these lots, because there are ohanas that currently would automatically go up in these lots. Now, not everyone who buys a lot wants an ohana. I don't. I'd rather have a little space around me; and I don't want to have a renter next to my house. So with the original four one-acre lots, there may or may not be ohanas put in there. It would be up to the discretion of the lot owner. So with this subdivision, there very likely would be an increase in the density. If we look back in the records, the history of the zoning of this original area, it was very recently divided into the 15 one-acre lots. It was also very, very recently, provided with the variance permit to allow ohanas. All right? Originally, with the 15-acre subdivision, no ohanas were allowed; and it was according to this here, November 14, 2003, that the Packs asked for a variance to allow ohanas. So that's a very recent change, and very soon after the original zoning took place. If the Packs had not applied for these eight water meters, with the expressed intent according to Water Department records of subdividing, not providing for ohanas but subdividing, then there would not be eight water meters available for these lots. And if they had not received the variance last November to allow ohanas, then there certainly would be no ohanas on these lots. So I think the argument that this represents no increase in density is specious. We need to look at another issue here. Tom Pack told me that he used to work for the Planning Department (sic) here in the County. Then we have a professional planner sitting at this table, then we have a Planning Commission sitting before me. So we have a lot of experience, a lot of expertise in planning in this room. Why is it then that this subdivision which was originally put into place very recently, very recently subdivided into 15 one-acre lots, in such a short period of time, then why does it have to be rezoned? What was so faulty about the initial allowance, the initial subdivision, that it requires fixing at this early date, not only that but requires changing? At the same time, the subdivision is being built, people are moving in, people are putting up their houses, families live there, and now in the middle of all this we want to change the character of this neighborhood? And it is a neighborhood. We've talked about or the, the two people 11 to my right have talked about how they've created Pamahoa Estates with CC&R's and voting on certain issues. It's not just some huge subdivision. It's a very small subdivision with many concerned neighbors that live there. So I just don't see any justification for this piecemeal and, in my eyes, azbitrary and very short-term subdivision of something that was just subdivided. Another factor that goes in with the timing of everything, which is the timing of the Packs' request for these additional water meters, and the fact that they did specify on their application that it was for rezoning, okay, and this came while the lots were being sold, after the lots were being sold and, in my mind, this represents a possible intent to defraud. Now, this, of course, would be appropriately handled by a judge, but I think it bears mentioning here this morning. Okay, let's see. In my list, where am I. We do have statements in the CC&R's and in the sales agreement that say that the Packs reserve the right to change the zoning or, I should say, ask for a change in zoning of some of these lots. I can't argue with that. However, we also have CC&R's within this great compact community that ensure measures that maintain the values of the lots within that community. And this rezoning goes against that stated philosophy, by splitting up these lots from one-acre to half-acre flag lots with very long driveways, with utility lines, more blocking of views and, as I stated before, higher density than would otherwise have occurred. What is happening here is they would be reducing the value of the existing lots that have just been built upon, just this past year or starting late last year. So I can see only one reason why Tom Pack would ask to have these lots rezoned, and that is he realizes the obvious fact that he can get a lot more money selling eight lots than he can selling four lots. And I have absolutely nothing against Tom making money, and certainly can't have any objection to that, except when it's at the expense of other people, as it is in this case. So, to sum things up, what's going on here is we have an arbitrary and piecemeal application for rezoning of a small compact neighborhood community, that has, is still in the process of construction; and the only reason for it is profit at the expense of the people who already live there. So to look at it in the most fundamental sense, if you approve this rezoning application, what you'll be doing is simply this you'll be taking money out of my pocket and you'll be putting it into Tom's pocket, nothing more, nothing less. Thank you, that's all I had to say. FUJIKAWA: Commissioners, you have any questions with the testifier? [f not, you have any questions with the Applicant's representative? 1'iJEN: Could I make a comment, because the testifier said something about the variance permit which was not correct and he may not understand the process here. During the original subdivision, Mr. Pack requested a variance to allow anon- 12 standard roadway to be built. We did grant that variance, but it was accompanied by a condition that prohibited any of the lots from having ohana dwellings on them. That's because the Zoning Code says that you can't put an ohana dwelling on a lot created with a variance. So it's a standard condition of our subdivision, when we have a subdivision, a variance that creates asub When we grant a variance that is in connection with the creation of a subdivision, we put this clause in the variance just to give notice that this is one of the things that's going to happen as a result of your having the variance. After receiving the variance, possibly because of this question, 1 don't know if that's for a fact, but possibly because of this, Mr. Pack then said, wanted to withdraw, withdrew the variance request. Then, and if you ask for a variance, you get the variance, you can also decide to reject the variance. He rejected the variance. So the subdivision was built without the variance. There was no, there wasn't a variance in the building of the subdivision. Correct? PACK: Correct. YUEN: Okay. So the variance was not used to build the subdivision. The standard road was built; and hence as it stands before you, there isn't any restriction on having ohanas on the existing lots in the subdivision. And then just one more comment right now. There was a question about deferring, let me just explain what, for the Applicant as well as the Commissioners, what the results are and what the options are for the Applicant if you defer. The Code gives the Planning Commission a set amount of time to act on these rezoning applications. Because we missed our, the first time we were going to put this on the agenda, that time runs out January ls`. Now, the Applicant at that point has a choice, if the Planning Commission has not made a recommendation to the Council by that point, the Applicant can decide not to keep the application at the Planning Commission any longer and send it up to the Council. In that event it goes up, the ordinance says that it goes up with a negative recommendation from the Planning Commission. In that case, we simply report to the Council what happened at the Planning Commission and that this constitutes a negative recommendation of the Planning Commission. We also send up the Department's recommendation and proposed ordinance from the Department. The Applicant can also choose, and that's their choice, to keep it at the Planning Commission and get a recommendation, get a vote by five members of the Planning Commission, up or down. The Applicant can also, at any point after that, change their mind and still yank it up to the Council. So, and on the other hand, the Commission, a vote by less than, an affirmative vote of less than five of the Commission is a negative recommendation. So if you take a vote 13 here and it's four to one in favor of the application, that still is a negative recommendation. If after that vote, if you take a vote like that, just for example, and I'm not saying that that's what's going to happen, if you take a vote like that today, the Applicant can either say, we will take it up to the Council with that vote and that recommendation because the time has run out, or they could elect to stay here at the Planning Commission and ask for a revote when there are more Commissioners. That would be up to them. SPRINGER: Question? FUJIKAWA: Springer. SPRINGER: Is the converse then true if the motion were to forward an unfavorable recommendation to the County Council and that fails to pass, would that, what would that be? YUEN: That would be, it'd be an unfavorable recommendation, today it would be, because of there only being five Commissioners here. But if you had a motion to have an unfavorable recommendation and say four people voted in favor of that, I think as a matter of formality, we would still ask for the second motion for the favorable. And, but if the vote was then one to four on that one, then that's an unfavorable, it's an unfavorable recommendation. Anything less than five is an unfavorable recommendation. But to give the Council a full picture, we tell them what the vote was so that they understand. If it was done by less than a full Planning Commission, they can look at that, and they can, it's available as information to them. FUJIKAWA: Do you understand? SPRINGER: Mr. Chair, I understand that I will be making no motion on this agenda item. FUJIKAWA: Any questions, Commissioners, with any of the Applicant's representative, testifier or the Director? If not, Commissioners, what do you want to do? You have something to say, Pam? HARLOW: Yes, thank you, Chairman Fujikawa. We'd like to respond to Mr. Clausnitzer's allegations, if that's possible? FUJIKAWA: You may go ahead. PACK: Well, I think that I would leave most of the response to Pam but I would just like to say that I am livid. I am totally furious. His quote, "intent to defraud," his attorney made a similar allegation in the letter. He did not buy the property from us, so there was no obligation from us to disclose anything to Mr. Clausnitzer. However, we got a copy of the disclosure which he signed which said that we may well be applying for 14 a change of zone on those lots. So for him to say that, well, I'm just livid. That's all I have to say. FUJIKAWA: Okay. Commissioners? Pam, you have HARLOW: Thank you. I won't take up more of your time; but I believe that the letter that we wrote on August 31s`, which is included in your Background Report in response to Mr. Borns' letter, actually addresses all of the points that Mr. Clausnitzer brought up this morning. We don't feel that any of his azguments have any merit. FUJIKAWA: Ms. Springer, you have something to say? SPRINGER: No. FUJIKAWA: Nothing? SPRINGER: Uh huh. FUJIKAWA: Commissioners, any questions, comments? If not, Commissioners? McCall? MCCALL: Yeah, I guess, my comment really comes down to the Palani Road. I mean, I do see the need for more housing in Kailua-Kona, I can understand that. But the Palani Road, to me, is, I feel almost at the point where we would be in dereliction of our duty to approve any more subdivi I think Palani Road is a danger, we're endangering the public by putting more I don't know, I just feel very, very uncomfortable about this situation. You know, if, I mean, I could see this in some other place or I could see if, if there was some promise that Palani Road would be made afour- lane highway at some point, at some point in the near future; but the reality is 1 really, you know, there just isn't, the money isn't out there. I'm, yeah, I, if we need to make a motion, I'd be willing to make a motion to send an unfavorable recommendation and see where they FUJIKAWA: Your comments and the motion will be applied toward the Council so they get to look at it; and they do the final decision, anyway. MCCALL: Yes, yes, okay. SPRINGER: Second. FUJIKAWA: Council people. SPRINGER: I second. FUJIKAWA: So you made a motion of 15 MCCALL: Yeah, I guess, yeah. So I'll make it official I'd like to send an unfavorable recommendation to the County Council as far as the Change of Zone application, REZ 04-018. FUJIKAWA: Okay. A motion has been made SPRINGER: Second. FUJIKAWA: By McCall and seconded by Springer that this would be an unfavorable recommendation to the County Council. Any questions? If not, Jeff? DARROW: Thank you, Mr. Chairman. Before I take the roll call, I need to address a couple of typos. I don't know what happened in this application but when it comes to dates, I missed a few. On No. 5, as Pam had earlier brought to our attention regarding November 14, 2003. Also, if you see at the end of that, it says "See Exhibit B, letters dated November 14`h, November 21s`, December 15`h. Those should all be of 2002, and I'll make the correction on the Background. And the April 8`h should be 2003. I think I was just thinking in the present at that time and put everything at 2004, but I apologize for that. FUJIKAWA: Okay, we have it corrected. Okay, that was corrected. Go ahead. DARROW: I'm sorry, Mr. Chairman. Commissioner McCall? MCCALL: Just making sure. So an aye, it's a aye to an unfavorable recommendation? DARROW: Correct. MCCALL: Okay. Aye. DARROW: Commissioner Springer? SPRINGER: Yes. DARROW: Commissioner Alameda? ALAMEDA: Aye. DARROW: Commissioner Smith? SMITH: Yes. DARROW: And Mc Chairman? FUJIKAWA: No. 16 DARROW: The motion does not carry. FUJIKAWA: Okay. The Applicant, the representative, you'll be informed in writing. HARLOW: Thank you. YUEN: And to clarify what happens here, it's the Applicant's option because we don't have another meeting before the time limit for the Planning Commission runs out. It's, the Applicant has the option of keeping the matter here at the Planning Commission and asking, and having it heazd again and taking another vote, or taking this up to the Council as an unfavorable recommendation. We'd appreciate it if you'd let us know. If you let us know soon, we'd be able to put it on the January agenda, if necessary. HAYASHI: Yes. YUEN: Yeah. What would be, how much time would we have for that? HAYASHL• By next week Wednesday. YUEN: Okay, okay. You can work with the Applicant on that decision. If you decide, you know, if you decide to take it up to the Council, we would not We don't send that letter actually until the time runs out, which, I think, is January ls`. If you do want to keep it here and have it heard again at a meeting in January, please let us know very soon. HARLOW: We certainly shall. Thank you. The discussion ended at 11:43 a.m. Respectfully submitted, Sharon M. Nomura, Secretary 17 BHoawe-REZ04-01 S.jwd 09-07-04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HOAWE, LLC CHANGE OF ZONE APPLICATION (REZ 04-018) HOAWE, LLC has submitted an application for a Change of Zone from Agricultural 1- acre (A-la) to Single-Family Residential 15,000 square feet (RS-15) for approximately 4.006 acres of land. The properties are located at the western end of Pamahoa Place, approximately 600 feet west of its intersection with Palani Road, Pamahoa Estates Subdivision, Kealakehe Homestead Lots ls`, North Kona, Hawaii, TMK: 7-4-004:080-083. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Change of Zone from Agricultural 1-acre (A-la) to aSingle-Family Residential 15,000 square feet (RS-15) for four lots, which are each approximately one-acre in size (approximately 4.006 acres). 2. Reason for the Request: Tlie applicant is requesting the Change of Zone to RS-15 to allow the subdivision of the properties into eight (8) residential lots in conformance with the new zoning designation, creating four additional lots within the existing subdivision. 3. Supportive information: The applicant has submitted the attached in support of the request: (See Exhibit A -Change of Zone Application) BACKGROUND INFORMATION 4. Subdivision 7659: Approved on August 21, 2003 to allow the subdivision of Tax Map Key: 7-4-4:15 into 15 lots. The lots proposed for rezoning are part of this subdivision referred to as Pamahoa Estates Subdivision. ~2) 5. Variance Permit No. 1339: Approved on November 14, 200~for Thomas W. Pack, Et al. to allow subdivision improvements which include nondedicable access and roadway improvements in lieu of dedicable roadway requirements. Condition 4(c) of Variance No. 1339 stated that "Each lot created by SUB Ol -0072 shall have no more than one dwelling. No ohana dwelling or "additional farm dwelling" or second farm dwellings shall be permitted on any lot created by SUB 01-0072. The subject property or any of the -1- proposed 15-lots created by the proposed subdivision may not be made subject to a condominium property regime." The applicant sent a letter on November 21, 2002 asking for reconsideration and for the deletion of Condition 4(c). On December 15, 2002, the applicant requested that the variance be withdrawn and declared null and void. On April 8, 2003, the Planning Department confirmed that Variance 1339 was null and void. (See Exhibit B -Letters dated November ] 4, November 21, December 15 & April 8, 2004) STATE AND COUNTY PLANS 6. State Land Use: Urban. 7. General Plan LUPAG MAP: Urban Expansion Area and Low Density Urban. 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. Low Density Urban allows for developments that are single family residential in character, ancillary community and public uses, and convenience type commercial uses. 8. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in April 1984, designates the area for agricultural uses with minimum building lot sizes from 1 to 3 acres. 9. Keahole to Kailua (K to K) Development Plan: Existing Residential. The K to K Plan was adopted by the County Council by Resolution on April 3, 1991. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. 10. Zoning: Agricultural (A-la). 11. SMA: The property is not situated within the Special Management Area (SMA) boundary. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The four 1-acre lots are located at the west end of the Pamahoa Estates Subdivision, which is made up of lots zoned A-la. Each of the four lots is roughly rectangular in shape and there are presently no structures located on the properties (vacant). According to the applicant, the properties were grubbed in March of -2- 2003 and there are a few jacaranda, autograph and Christmas berry trees scattered throughout the property. 13. Surrounding Properties: To the south are properties zoned RS-7.5 within the Kona Chocho Estates Subdivision. To the west is a 13.1-acre parcel zoned A-la and further west is several properties zoned RM-5. To the north is the Paniolo Country Subdivision made up of lots zoned A-la. Lastly, to the east are properties zoned RS-10, A-la and A- 5 a. 14. U.S. Soil Survey: According to the Department of Agriculture Soil Conservation Services's Soil Survey Report, the land is of the Kaimu (tKED) Series soil. The Kaimu Series consists ofwell-drained, thin organic soils over Aa lava. Penneability is rapid, runoff is slow and the erosion hazard is slight. It should be noted that this soil is not suitable for cultivation. 15. Land Study Bureau Soil Rating: Class "E" or "Very Poor." 16. ALISH: The Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies these properties as "other" important agricultural lands. 17. FIRM: The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, areas outside of the 500-year flood plain. 18. Flora/Fauna: According to the applicant, no State or federally listed threatened, endangered, or candidate species are known to be present on the project site. The properties were grubbed in March of 2003 and there are a few jacarandas, autograph and Christmas berry trees scattered throughout the property. Mammals that may be present on the properties likely consist of feral cats and dogs, mongoose and rats that are typical of other similar developed areas. Avifauna species observed on site include the Common Myna, Spotted Dove, Zebra Dove, Northern Cardinal, Japanese White-eye, Nutmeg Mannikin, House Finch, House Sparrow and Java Sparrow. Such species present on the property are not rare, threatened, or endangered. 19. Historical/ Archaeological/Cultural Resources: According to the applicant, prior to conducting any grubbing and grading activities for Pamahoa Estates, the applicant requested an inspection of the property by State Historic Preservation Division (SHPD) Archaeologist Marc Smith to determine whether an archaeological inventory survey -3- would be necessary. Mr. Smith found no evidence of archaeological sites and did not request an archaeological inventory survey be performed. Subsequent to the inspection, grading and grubbing activities were conducted on the property. Grading permit No. 9- 0742 was issued by the Department of Public Works on February 4, 2003. No evidence of archaeological sites was discovered during the process of grading and grubbing the properties. The applicant solicited and obtained a "no-effect" letter from SHPD that states that no historic properties will be affected by the proposed project. Further, there are no known cultural resources present, or traditional native Hawaiian cultural practices occurring on the 4.006-acre project site or in the immediate surrounding vicinity. PUBLIC FACILITIES AND UTILITIES 20. Access: Access to the properties is from Palani Road onto Pamahoa Place. Pamahoa Place is a private dead end road with aright-of way width of 50 feet. It has a 20-foot wide pavement in good condition with paved shoulders and swales. The Department of Public Works commented that roadway connections to adjoining parcels should be provided and that the applicant should be required to construct the extension of Pamahoa Place to the western property line to allow for a future connection from Palani Street to Kealakaa Street. 21. Water: According to the Department of Water Supply, water can be made available from the 6-inch waterline located within the existing roadway and utility easement along Pamahoa Place fronting the subject properties. 22. Wastewater: The County does not have a municipal wastewater system in this area. The applicant will need to provide an individual wastewater system in accordance with the requirements of the Department of Health. 23. Utilities: Electrical, telephone and cable services are available to the properties. The nearest police station is located approximately 2 miles west at Kealakehe. The nearest fire station is located approximately 2.5 miles west on Palani Road. AGENCIES' COMMENTS 24. Department of Environmental Management-Solid Waste Division (July 1, 2004 Memo): "Commercial operations may not use transfer stations for disposal. Aggregates and any -4- other construction demolition waste should be reused to its fullest extent. Ample room should be provided for recycling. Greenwaste may be disposed of only at the drop sites located at the Kailua or Hilo transfer stations." 25. Department of Education (July 30, 2004 Letter): "The Department of Education (DOE) has reviewed the change of zone application to resubdivide four agriculturally zoned lots in the Pamahoa Estates Subdivision into eight residential lots. The DOE does not request a school fair-share condition on projects with less than 50 residential units. We do not have any other comments other than to note that the application acknowledges there maybe short-term construction noise and dust impacts to nearby schools. In addition to the mitigative measures listed, it would be helpful to notify the school in advance of brief periods of excessive noise or traffic detours." 26. Department of Land and Natural Resources-Engineering Division (July 29, 2004 Memo): "We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone X." 27. Department of Land and Natural Resources-Commission on Water Resource Management (July 19, 2004 Memo): "In general, the C WRM strongly promotes the efficient use of our water resources through conservation measures and use of alternative non-potable water resources whenever available, feasible, and there are no harmful effects to the ecosystem. Also, the CWRM encourages the protection of water recharge areas, which are important for the maintenance of streams and the replenishment of aquifers. We recommend coordination with the county government to incorporate this project into the county's Water Use and Development Plan." 28. Department of Public Works: (See Exhibit C -July 30 and August 9, 2004 Memos) 29. Department of Water Supply: (See Exhibit D -August 2 and 25, 2004 Memos) 30. Fire Department: (See Exhibit E -July 19, 2004 Memo) 31. Department of Health: (See Exhibit F -July 21 & July 27, 2004 Memos) AGENCIES - NO COMMENTS 32. Police AGENCIES - NO RESPONSF, -5- 33. Department of Parks and Recreation, Office of Housing and Community Development, Department of Land and Natural Resources -State Historic Preservation Division and Natural Resources Soil Conservation Service APPLICANT'S RESPONSE LETTERS 34. The applicant has submitted response letters to agency comments and letters from the public. (See Exhibit G -August 25, 27 & 31, 2004 Letters) PUBLIC COMMENTS 35. The Planning Department has received the following letters from the public: 1. Bob Borns, Esq. (See Exhibit H -August 20, 2004 Letter) -6- CHANGE OF ZONE APPLICATION FoR PAMAHOA RESIDENTIAL LOTS T.M.K: 7-4-004: 080, 081, 082 & 083 NORTH KONA, HAWAII MAy 2004 PREPARED FOR: Ho'awe LLC Kailua-Kona, Hawaii PREPARED BY: INiEN NATIONRI 501 Sumner Street, Suite 620 Honolulu, Hawaii 96817 ESC ~!fi _ CHANGE OF ZONE APPLI~:A~'~flN' ' ~ COUNTY OF HA~It ~ ~ 1 ? PLANNING DEPARTMENT (Type or legibly print the requested information) ~ - ~I APPLICANT: Ho' AWF. LLC APPLICANT'S SIGNATURE: G ,y DATE:_ s~«-f~r~ ADDRESS: 75-5629 Kuakini HVdY, Suite R-489 Kailua-Kona, HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:Thomas Pack, Member PHONE:(Bus.) 808-325-2216 (Res.) (Fax) 808-325-1415 LANDOWNER(S): HO'AWE LLC LANDOWNER SIGNATURE(S): is F DATE:~y LANDOWNER(S) ADDRESS: same as aboveay be by I tter) REQUEST: Agricultural (A-la) TO Single-Family Residential (RS-15) (Ex~snng zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-4-:004:80, 81, 82, 83 STREE'T' ADDRESS OF PROPERTY: Pamahoa Place _ _ Kailua-Kona, HI 96740 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 4.006 acres AGENT: SSFM International, Inc. ADDRESS: 74-5620 Palani Road, Suite A-218 Kailua-Kona, HI 96740 TELEPHONE:(Bus.) g08-32.6-4733 (Res.) (Fax) 866-887-8885 Please indicate to whom original correspondence and copies should be sent. OK[GINA1,; SSFM International, Inc. COPIES:HO'AWE LLC ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? YPG 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? 4 . 0 0 6 b. Into what lot sizes? .5 acres 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? 3 months d. Do you intend to build houses on the newly created lots? No if yes, please answer the following questions: on how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Refer to Figure 2 in the Change of Zone Application. 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) f If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do xou think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The Hawaii County Weekly News of May 14, 2004 reports that there is a housing crisis in Hawaii County and that the County is encouraging development of housing in urban core areas. This application is consistant with that goal. 4, Are there any buildings on the subject area? No If so, what kind? what do you intend to do with those buildings if your request is approved? -2- 5• Is the subject land currently being used for any agricultural 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. 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? a. Schools X b. Roads X e, Sewer X d. Drainage X e. police Protection X -3- Yes ~n f. Fire Protection X g Recreational Facilities h. Public Utilities X other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ M v Address: 75-5629 Kuakini Hwy, Suite R-489 _Kail na-Knna. HT 9Fi74f1 Telephone: 808-325-2216 Date: ~/y~jv ~ 6337A/SOA -9- P,D. 5/84 Pamahoa Residential Lots Change Of Zone Application Table Of Contents TABLE OF CONTENTS CHAPTER PAGE CHAPTER 1 INTRODUCTION 1 1.1 PURPOSE FOR APPLICATION ] 1.2 BACKGROUND ON EXISTING LAND USE DESIGNATIONS 4 1.2.1 State Land Use District q 1.2.2 County of Hawaii General Plan q 1.2.3 Kona Regional Plan g 1.2.4 Keahole to Kailua Development Plan 5 L2.5 County Zoning District 5 1.2.6 Special Management Arca 6 CHAPTER 2 PROJECT DESCRIPTION ~ 2.1 PROJECT LOCATION AND VICINITY 2.2 DESCRIPTION OF PROPERTY g 2.3 DESCRIPTION OF PROJECT g 2.4 NEED FOR PROJECT 9 2.5 ALTERNATIVES TO PROPOSED PROJECT 1 1 CHAPTER 3 PHYSICAL AND BIOLOGICAL ENVIRONMENT 12 3.1 CLIMATE, TOPOGRAPFIY, AND SOILS 12 3.1.1 Topography 12 3.1.2 Soils 12 3.1.3 Probable Impacts 1?om Construction Activity 13 3.2 NATURAL HAZARDS 14 3.2.1 Earthquake Hazards 14 3.2.2 Lava Flow Hazards 15 3.2.3 Hurricane Hazards 16 3.2.4 Tsunami Inundation and Flooding 16 3.3 HYDROLOGICAL RESOURCES 16 3.4 BOTANICAL RESOURCES 1 ~ 3.5 FAUNA AND AVIFAUNAL RESOURCES 1 ~ 3.6 HISTORIC, ARCHAEOLOGICAL, AND CULTURAL RESOURCES 1 g 3J VlsunLRESOUxcES 19 3.8 A1R QUALITY 19 3.9 NOISE 21 3.10 SHORT-TERM USES OF THNI ENVIRONMENT AND LONG-TERM PRODUCTIVITY 22 3.11 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF NATURAL RESOURCES 22 -i- Pamahoa Residential Lots Change Of Zone Application Table Of Contents TABLE OF CONTENTS CHAPTER PAGE CHAPTER 4 INFRASTRUCTURE AND PUBLIC FACILITIES 23 4.1 WATER FACILITIES 23 4.2 WASTEWATER FACILITIIS 23 4.3 DRAINAGE FACILITIES 23 4.4 SOLID WASTE FACILITIES 24 4.5 TRANSPORTATION FACH.ITIES 24 4.6 ELECTRICAL AND COMMUNICATIONS FACILITIES 25 4.7 EDUCATIONAL FACILITIES 25 4.8 RECREATIONAL FACILITIES 27 4.9 MEDICAL FACILITIES 28 4.10 POLICE AND FIRE FACILITIES 28 CHAPTER 5 ECONOMIC AND SOCIAL FACTORS 29 5.1 EMPLOYMENT 29 5.2 SOCIAL IMPACT FACTORS 30 CHAPTER 6 CONFORMANCE WITH PLANS AND POLICIES 31 6.1 STATE LAND USE PLANS AND POLICES 31 6.2 COUNTY LAND USE PLANS AND POLICIES 31 6.2.1 County of Hawaii General Plan 31 6.2.2 Kona Regional Plan 47 6.2.3 Keahole to Kailua Development Plan 4~ 6.2.4 County of Hawaii "Coning District Standards qg 6.2.5 Special Management Area 49 CHAPTER 7 CONSISTENCY WITH DECISION-MAKING CRITERIA 50 CHAPTER 8 BIBLIOGRAPHY 52 _ jj_ Pamahoa Residential Lots Change Of Zone Application Table Of Contents LISTING OF FIGURES FtcuaE PACT Figure 1 Project Location And Vicinity Map 2 Figure 2 Pamahoa Residential Lots Preliminary Site Plan 10 LISTING OF TABLES TABLE PAS. Table 1 Summary Information 3 LISTING OF APPENDICES APPENDIX Appendix A Warranty Deeds for Subject Properties Appendix B Planning Department Memorandum No. 03-32 Appendix C State Historic Preservation Division "No Effect" Letter Appcndix D Department of Water Supply Letters - iii - Pamahoa Residential Lots Chapter 1 Change Of Zone Application Introduction CHAPTER 1 INTRODUCTION 1.1 PURPOSE FOR APPLICATION This document was prepared for Ho'awe LLC (the Applicant) to serve as the Change of Zone Application and County Environmental Report for the proposed "Pamahoa Residential Lots" project. This document has been prepared to meet the Change of Zone application requirements for processing by the County of Hawaii (County) Planning Department. Ho'awe LLC is seeking a Change of Zone from the Agricultural District (A-la) to the Single-Family Residential District (RS-15) for a land area of approximately 4.006 acres to allow for the development of 4 additional residential lots within the existing 15-lot Pamahoa Estates Subdivision, which is located in the town of Kailua-Kona in the North Kona District of the Island of Hawaii. The Pamahoa Estates Subdivision is located on the makai (west) side of Palani Road (Hawai'i State Route 190), approximately 450 feet north of its intersection with Ulua'o'a Street. The subdivision is north of the Kona Chocho Estates and Harbor View Estates Subdivisions, and south of the Paniolo Country Subdivision. Pamahoa Estates Subdivision is part of the Kealakehe Homestead Lots. An application to subdivide the property into 15 one-acre lots was approved by the County Planning Director on February 19, 2003. Chapter 2 provides a more detailed discussion of the project and property. The project site consists of four lots situated on the southwest comer of the Pamahoa Estates Subdivision identified as Tax Map Keys (3) 7-4-004:080, 081, 082, and 083; within the subdivision, these lots are referred to as Lots 5, 6, 7 and 8, respectively. Together, these four lots constitute a land area of approximately 4.006 acres. Under the County's North Kona District Zoning Map, these lots are currently zoned Agricultural (A-1 a). A Change of Zone to the Single-Family Residential District (RS-15) would allow the Applicant a minimum building site area of 15,000 square feet and would effectively permit four additional residential lots to be developed. Figure 1 shows the location and general vicinity of the 4.006-acre project site. Table 1 provides a summary of pertinent information associated with this property and project. Ho'awe LLC is the fee owner of the subject property and has authorized SSFM lntemational, Inc. to represent the Applicant in the matter of this Change of Zone application. Copies of the first pages of the recorded warranty deeds showing ownership have been included as part of the application in Appendix A. Based upon the following information, the Applicant submits that the proposed RS-15 zoning is warranted and requests that such zoning be approved for the project site. -1- i~ , r:.: ® " r~ t ~F 1 a~f1IV_ll. u. '.1 r~ '?J,,tp~ North y q{-Txa.> I ~Nm:S. ~ ~ t. 1, ~ S ~ j ~ `j I ( i~ bt.. y,4~~IV,~F"F18,1 ` Proposed4-Lots A ° ,,.~.4:~~_ _ -~e,~:,.z Fpr Rezoning. - - ~ (Wi~hin P-aFnahua- ~ , ~ < ~ . Esta~es Subdivision) Y ' r , . It ~t~ t r t~~ r s _ ~p~+d ~ - 11 4 ~1 ~ `t, 1 ~ ~g U ~ 6aulakpJw t~p.~. - it ~ . i ~ q ~.`q ~1 ~ ^k t ,h 1~ ~ ~r~~f' - 1=,: - rvr ~ _ - t{ d c b i h i a±~~ \l _ ~ ~ti _ F. ~ i ! ~ ~ i • ~n, ~ ~ ~i7 ~ ki;ilue-Korx ~ - 1.' I_, , . ~ t ,,r . ~ i. r, ~ ~ • ~ r ~u, \ j'1'~~y PROJECT LOCATION MAP Figure 1 l'amuhan Rcsn4o,!¢d Lr,n Sourco A A nd~r,,,t~~ mno ni,~d, ?1~1~ u~ a~,'e ccc -2- Pamahoa Residential Lots Chapter 1 Change Of Zone Application Introduction Table 1 -Summary Information Project Nume: Pamahoa Residential Lots Owner/Applicant: Ho'awc LLC 75-5629 Kuakini Highway Suite R-489 Kailua-Kona Hawaii 96'740 Agent: SSFM International, Inc. 74-5620 Palani Road, Suite A218 Kailua-Kona, Hawaii 96740 Contact: Ms. Pamela Harlow Application Reguest: To obtain a Change of Zone from the existing Agricultural District (A-la) zoning to the Single-Family Residential District (RS-15) zoning for four (4) lots withi? the existing Pamahoa Estates Subdivision. Should this Change of Zone be approved, this would effectively permit the creation of an additional four residential lots within the existing subdivision. Processing Agency: Planning Department, County of Hawaii Project Location: The property is located on the southwest comer of the existing Pamahoa Estates Subdivision, which is situated on the west (makai) side of Palani Road approximately 450 feet north of its intersection with Ulua'o'a Street. The property is part of the Kealakehe Homesteads (ls` Series) within the North Kona District of the Island of Hawaii Existing Use: All four lots are currently vacant. A portion of each lot is included in the roadway and utility easement created for the Pamahoa Estates Subdivision. Tax Map Key: (3) 7-4-004:080 (Lot 5), 081 (Lot 6), 082 (Lot 7) and 083 (Lot 8) Lm:d Area: Approximately 4.006 acres State Land Dse: Urban District County General Plan: Low-Density Urban Development & Urban Expansion County Zoning District Agricultural District (A-la) SMA Designation: 'The project site is located outside of the Special Management Area. Therefore, the SMA regulations of the County of Hawaii do not apply to this projcct. -3- Pamahoa Residential Lots Chapter 1 Change Of Zone Application Introduction 1.2 BACKGROUND ON EXISTING LAND USE DESIGNATIONS L2.I STATE LAND US'E DIS~CRIC'I' Under Chapter 205, Hawaii Revised Statutes (HRS), all ]ands in the State of Hawaii are classified into four major land use districts referred to as State Land Use Districts. These land use districts are Urban, Rural, Agricultural, and Conservation. The boundaries of these districts are delineated on maps referred to as State Land Use Boundary Maps. For each land use district classification, there are permitted uses or activities, which are described under §205-2, HRS. The proposed 4.006-acre project site is designated "Urban District" under the State Land Use Commission's (SLUG) Land Use District Boundary Map for Kailua-Kona (Map H-7). Urban Districts permit activities or uses as provided by ordinances or regulations of the county within which the Urban District is situated. Thus, Urban District classified lands on the Island of Hawaii are regulated by the ordinances and regulations of the County of Hawaii. L2.2 COUNTY OF HAWAII GENERAL PLAN The County of Hawaii General Plan adopted under Ordinance 89-142 serves as a policy document for the long-range comprehensive development of the Island of Hawaii (County 1989). Under the current Land Use Pattern Allocation Guide (LUPAG) Map contained in the General Plan, two of the lots (TMK: 7-4-004: 080 and 081) associated with the 4.006-acre project site are identified as being located within an area designated for "Low-Density Urban" uses while the remaining two lots (TMK: 7-4-004: 082 and 083) are located within an "Urban Expansion Area". The Low-Density Urban designation generally permits developments that are single family residential in character, ancillary community and public uses, and convenience type commercial uses. The Urban Expansion Area designation 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 proposed change of zone application is consistent with both the Low-Density Urban and the Urban Expansion Area designations. Over the past five years, the County's General Plan has been in the process of being updated as required by the County Charter. Numerous public informational meetings have been held to collect public input on proposed revisions and the Planning Director and the Planning Commission have forwarded their recommended changes to the County Council for action. Currently, proposed revisions to the General Plan and associated land use maps do not involve changes to the existing Low Density Urban and Urban Expansion Area land use pattern designations for the project site. -4- Pamahoa Residential Lots Chapter 1 Change Of Zone Application Introduction 1.2.3 KONA REGTONAL PLAN The Kona Regional Plan (County 1982) was created to fulfill the mandate of the General Plan to prepare detailed community development plans. The Kona Regional Plan is intended to serve as an implementing tool for the General Plan and entails the formulation of desired land use patterns within the parameters of the General Plan goals, policies, standards, LUPAG Map, and Facilities Maps. A review of the Land Use Concept Plan contained in the Kona Regional Plan shows that the project site area is designated for agricultural uses, with minimum building lot sizes ranging from one to three acres. It should be noted that the Kona Regional Plan is over 20 years old and has not been updated since 1982. Consequently, there have been several changes to the land uses established in this region since then, and the assumptions and justification for those uses shown under the Land Use Concept Plan have changed. The market driven demands for residential uses have changed, and currently, there is a high demand for more affordable residential lots and homes for area residents. The more recently established Keahole to Kailua Development Plan (County 1991), discussed in the next section, reflects the establishment of additional areas for residential uses which includes this project site. Furthermore, the Pamahoa Estates Subdivision has already been approved and partially developed. Therefore, the proposed zone change reflects a refinement to this existing established subdivision plan addressing current market conditions. 1.2.4 KEAHOLE TO KAILUA DEVELOPMENT PLAN The purpose of the Keahole to Kailua Development Plan (County 199]) was to create a plan for the development of land in the vicinity of Keahole Airport, from the shoreline up to developed subdivisions along Mamalahoa Highway, and back to Kailua Village. At the time the plan was developed, the area was largely undeveloped and owned by a few large landowners. Given its location, the area was viewed as a prime candidate for urbanization to meet the growing needs of West Hawaii. According [o the Land Use Plan prepared for the Keahole to Kailua Development Plan, the subject property and surrounding areas are designated for extensive residential uses. Furthermore, the plan states that residential development within the upper Kealakehe community is compatible with the overall, environmental and development objectives and criteria of the Keahole to Kailua Development Plan. Thus, the proposed change of zone application is consistent with this plan and its designation of extensive residential uses for the project site area. 1.2.5 COUNTY ZONING DISTRICT The County's North Kona District Zoning Map was reviewed to determine the zoning district classification for the project site. As depicted on this zoning map, the entire 4.006-acre project site is coned Agricultural (A-ta), indicating a minimum building lot area of one acre. 5- Pamahoa Residential Lots Chapter 1 Change Of Zone Application Introduction The existing Pamahoa Estates Subdivision is presently consistent with this zoning district since all lots are a minimum of one-acre in size. Therefore, the change of zone application submitted for this project is intended to accommodate the Applicant's desire to subdivide a portion of this larger subdivision into smaller lots. 1.2.6 SPECIAL MANAGEMENT AREA Under Chapter 205A (Coastal Zone Management), HRS, the County is authorized to regulate land uses located within the established Special Management Area (SMA) for [he Island of Hawaii. Review of the County of Hawaii's SMA map for the Kailua-Kona area determined that the project site is situated outside the SMA. The SMA boundary in this area is located on the makai side of the Queen Ka'ahumanu Highway (Hawai'i State Route 19), approximately 2 miles makai of the project site. Therefore, the project site is not subject to the County Planning Department's assessment and processing procedures established under the Planning Commission's Rule 9, Special Management Area. -6- Pamahoa Residential Lots Chapter 2 Change Of Zone Application Project Description CHAPTER 2 PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND VICINITY The project site is located in the Kealakehe area of Kailua-Kona on the Island of Hawaii. The property is accessed from Palani Road via Pamahoa Place, the private street serving the existing Pamahoa Estates Subdivision. Pamahoa Place is approximately one mile south of the Palani Road and Mamalahoa Highway junction and two miles north of the Palani Road and Henry Street intersection. The property is located at approximately the 985-foot elevation, and is situated on the southwest corner on the existing Pamahoa Estates Subdivision. Figure I previously showed the property's location and vicinity. Existine Surroundine Uses The project site is located on the western corner of the existing Pamahoa Estates Subdivision, and all of the lots within the project site are adjacent to other lots within the existing subdivision. Two of the parcels within the project site -Lots 5 and 6 -are adjacent on their southern boundaries to Kona Chocho Estates. Kona Chocho Estates is an existing residential subdivision zoned for Single-Family Residential uses, with a minimum building lot size of 7,500 square feet (RS-7.5). An old government road remnant approximately 20 feet in width separates the project site from the Kona Chocho Estates Subdivision. South of Kona Chocho Estates is the Kona Macadamia Acres Subdivision which is a]so zoned for Single-Family Residential uses (RS-7.5 and RS-] 0). Immediately west of the project site is a vacant lot, approximately 13.1 acres in size, which is zoned for Agricultural uses (A-la). Further to the west is Kealaka'a Street and the Jack Hall low income housing complex, which is zoned for Multiple-Family Residential uses (RM-5) and located approximately 1,200 feet to the west of the subject property. To the north, the project site is immediately adjacent to Lot 9 of the existing Pamahoa Estates Subdivision. Further to the north is the Paniolo Country Subdivision, an established subdivision zoned for Agricultural uses (A-la). To the east, the project site is immediately adjacent to Lot 4 of the existing Pamahoa Estates Subdivision; located beyond are Lots 1, 2 and 3 and Palani Road. East of Palani Road is a vacant lot zoned for Agricultural uses (A-la). The property immediately north of this lot is zoned for Single-Family Residential uses (RS-10) and has been developed with several dwellings. The Kealakehe community represents one of the most urbanized areas along Palani Road. 1? addition to numerous residential subdivisions in the general area, there are also several -7- Pamahoa Residential Lots Chapter 2 Change Of Zone Application Project Description schools, churches and a hospice facility within relatively close proximity to the project site. Hualalai Academy is located approximately a quarter mile to the northwest of the project site while Kona United Methodist Church and Creative Day Preschool are both located approximately a quarter of a mile to the north and northeast, respectively. Kona Christian Academy and the Church of Christ are located slightly over a half mile to the northeast while Hospice of Kona, the Kona Church of the Nazarene and the Kamehameha Kona Preschool are located slightly less than a half mile to the south. Kealakehe Elementary School is approximately a half mile to the south, Kealakehe Intermediate School is slightly over a half mile to the southwest, and Kealakehe High School is located about one mile to the south west of the project site. 2.2 DESCRIPTION OF PROPERTY Along Pamahoa Place, the project site is located at an elevation of approximately 985 feet above mean sea level (msl). The project site is located in a relatively flat area at the southwest comer of the existing Pamahoa Estates Subdivision, which is characterized by a gentle slope rising toward Palani Road as one proceeds east. The subject property was grubbed in March of 2003. There are a few jacaranda, autograph and Christmas berry trees scattered throughout the property that serve as the dominant physical and visual features of this property. There are no structures present on the subject property. Existing Access to Property Pamahoa Place is an existing private cul de sac that provides vehicular access into and out of the Pamahoa Estates Subdivision and the subject project site of four lots (Lots 5 to 8). Pamahoa Place has a pavement width of approximately 50 feet within a 50-foot right-of-way and extends a distance of approximately 650 feet from Palani Road to its terminus fronting the project site. Pamahoa Place is a roadway and utility easement that includes portions of the parcels within the project site. At its intersection with Palani Road, Pamahoa Place is located approximately 450 feet north of Ulua'o'a Street. Together with Kealaka'a Street, Ulua'o'a Street serves as one of the primary access points for the neighboring Kona Chocho Estates and nearby developments located to the south and west of the project site. 2.3 DESCRIPTION OF PROJECT The Applicant is requesting a change of zone from the Agricultural District (A-la) to the Single-Family Residential District (RS-15) to facilitate the development of an additional Four lots within the existing Pamahoa Estates Subdivision with a minimum building site area of (5,000 square feet. -8 Pamahoa Residential Lots Chapter 2 Change Of Zone Application Project Description Although the 4.006-acre project site could theoretically be subdivided into eight half-acre lots, the Applicant is requesting a higher density zone change to comply with the Planning Departrnent's recently promulgated policy regarding minimum lot size requirements relative to roadway easements. Specifically, for the purposes of determining the minimum lot size for compliance with the Zoning Code, this policy requires that roadway easements be excluded. (Sec Appendix S -Planning Department Memorandum No. 03-32.) In the case of the subject property, all four lots are encumbered to varying degrees by the existing roadway and utility easement. Thus, should these four lots be consolidated and resubdivided into eight lots in accordance with the preliminary site plan, five of the resulting lots will be less than one-half acre in size upon the exclusion of the roadway easement. Figure 2 shows the preliminary site plan for the proposed eight-lot subdivision, including the gross land area and the net land area of each lot without the roadway easement. As the smallest of these lots comprises a net land area of approximately 15,577 square feet, the Applicant is requesting a change of zone to the Single-Family Residential District with a minimum building site area of 15,000 square feet. 2.4 NEED FOR PROJECT The Applicant intends to develop the proposed eight-lot subdivision based upon the strong demand and locally receptive market for these types of single family residential lot sizes in this particular area of North Kona. Over the past several years, residential sales within the Kailua- - Kona urban center, its surrounding communities, and the North Kona resort areas have been relatively strong. This is due, in part, to well-planned resort-residential communities, the range and quality of residential products being offered, the close proximity to employment opportunities, and the availability of nearby commercial and recreational amenities. This project is intended to help meet the growing demand for single-family residential lots in Kailua-Kona. According to a recent County of Hawaii newsletter, the entire County is facing a housing crisis and West Hawaii is the hardest hit, particularly in North Kona and South Kohala (County 2004). As the result of rapidly increasing home prices, the newsletter notes that residents are forced to move to less expensive areas without infrastructure such as water and paved roads. In response to tr~is crisis, the County is actively encouraging the development of housing in urban core areas such as Kailua-Kona. The County recognizes that it is good planning to encourage housing in urban core areas, where people can live near where they work. This can reduce traffic on the roads and, by decreasing people's commute time, improve the quality of life for the County's residents. The proposed change of zone for the project site will directly support the County's policy of developing more housing in close proximity to urban core areas. Also, the creation of smaller Lots within the existing Pamahoa Estates Subdivision will allow for lower sales pricing than that -9- i i ii i ~ ~ I ~ v o v I a~ f~ c E ~ 1 Gj LLa ~ w c L Q ~ r ~ O ¢ ~ LL c (Jr 0 m'"'_' ° ~ - m U 0 _ ~ ~ a 0 Z w o E 0 z a ~ c E 1~ ~ F Y N a O ~ ~ ~ I Cy a e ~ ~ O r ~ ~ ~ Q Oa I ~ ~ ~ ~ eon ~ zaGa ~ ~ E Q~ ~ _ = z I N my a ~ W ~m A ~ ~ o ~ i J a ~ o ia° u I o ~ _ _ E ~ _ _ ~ + v - r w ~ G ^ ~I ~ ~ Q a o m'a" ~ n ~ P m ~ ~ ry N NN ~ _ ` ~ J V ~ W U ~ y ~ C~1 dl ~ v L °c > ~ 3 Z ~ iz -10- Pamahoa Residential Lots Chapter 2 Change of Zone Application Project Description of the existing one-acre lots, thus providing greater availability for local buyers. Depending on market conditions at the time the subdivision is approved, the eight lots are expected to sell for between $]25,000 and $200,000. 2.5 ALTERNATIVES TO PROPOSED PROJECT Other potential uses of the project site were considered, including the application for Ohana Dwelling Unit permits for each lot as well as the "no action" alternative. Under the current County zoning and State Land Use classification, the Applicant could apply for an Ohana Dwelling Unit permit for each of the four lots. However, the Applicant believes that the proposed zone change is a better use of the land given its proximity to Kailua Village and the surrounding communities. The creation of four additional lots within this subdivision will concentrate residential density in an area that is close to employment centers, schools and other necessary facilities, and thus represents an appropriate in-fill project in an urbanized residential setting. The no action alternative would retain the same number of one-acre lots within the existing subdivision, which could be retained or sold to others by the Applicant and developed with single-family dwellings and ohana dwellings to the extent permitted by County agencies. Given the market demand for residential lots in this area, its proximity to Kailua Village, and the project site's Low Density Urban and Urban Expansion designations under the General Plan, the "no action" alternative would not be a prudent ttse of this land. -11- Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment CHAPTER 3 PHYSICAL AND BIOLOGICAL ENVIRONMENT This chapter discusses the probable impacts associated with the proposed change of zone on the subject property's existing physical and biological environment, and identifies mitigative measures proposed to address such impacts, if necessary. 3.1 CLIMATE, TOPOGRAPHY, AND SOILS Climate on the Island of Hawaii, as well as within the State of Hawaii, can be characterized as having low day-to-day and month-to-month variability. Differences in the climate of various areas are generally attributable to the island's geologic formation and topography. These factors create miniature ecosystems ranging from tropical rain forests to dryer plains along with corresponding differences in temperature, humidity, wind, and precipitation over short distances (U.H. Dept. of Geography 1998). The climate of the North Kona district is relatively mild. Average monthly temperatures recorded at Keahole Point in 1998 ranged between 73 and 79 degrees Fahrenheit with an annual average temperature of 76.1 degrees. The average annual rainfall in the Kealakehe Homesteads area where the subject property is located ranges between 40 and 60 inches per year- (Water Resources Investigations Report 95-4212, USGS.) The prevailing wind occurring in the North Kona district is from the southeast direction which usually dominates during the months of April to November. The average daytime wind speeds recorded at Kona International Airport is generally between 13 to 24 miles per hour (Dept. of Geography 1998). 3.1.1 Topography As stated previously, the project site is located at an elevation of approximately 985 feet above mean sea level (msl). The project site is located in a relatively flat area at the southwest corner of the existing Pamahoa Estates Subdivision, which is characterized by a gentle slope rising toward Palani Road as one proceeds east. 3.1.2 Soils Soils present on the project site are described in this section using three common classification systems. These classification systems are: 1) the U.S. Department of Agriculture, Soil Conservation Service's Soil Survey of Island of Hawaii, State of Hawaii (SCS 1973); 2) Land Shady Bureau's Detailed Land Classification -Island of Hawaii (LSB 1965); and 3) Agricultural Lands of [mportance to the State of Hawaii. -L2- Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment Soil Conservation Service According to the U.S. Department of Agriculture, Soil Conservation Service Soil Survey of Island of Hawaii, State of Hawaii (SCS 1973), soils on the subject property are classified as Kaimu extremely stony peat (rKED), with 6 to 20 percent slopes. The Kaimu series consists of well-drained, thin organic soils over A~a lava. These are gently sloping to moderately steep soils on uplands at an elevation ranging from near sea level to 1,000 feet. They receive 40 to 60 inches of rainfall annually, and their mean annual soil temperature is between 72 and 74 degrees Fahrenheit. The natural vegetation consists of Christmas berry, guava, guineagrass, and Lantana. In a representative profile, Kaimu extremely stony peat has a surface layer that consists of very dark brown extremely stony peat about 3 inches thick. It is underlain by fragmental A'a lava. This soil is neutral in reaction. Permeability is rapid, runoff is slow, and the erosion hazard is slight. This soil is not suitable for cultivation. Most of it is in native woodland. Small areas are used for pasture, macadamia nuts, papaya, and citrus fruits (SCS 1973). Land Studv Bureau Under the Land Study Bureau's Detailed Land Classification -Island of Hawaii, (LSB ]965), soils present on the subject property are classified in accordance with an overall master productivity rating. This Overall Productivity Rating established by the Land Study Bureau rated soils according to five levels, with "A" representing the class of highest productivity and "E" the lowest. Under the Detailed Land Classification -Island of Kawaii, the Kaimu soil that naturally occurs on the approximately 4.006-acre project site was given an overall master productivity rating of "E268," which is very poorly suited for agricultural use. Agricultural Lands of Importance to the State of I3awaii The State Department of Agriculture's "Agricultural Lands of Importance to the State of Hawaii" (ALISH) system classifies lands into three categories which are: 1) Prime, 2) Unique, and 3) Other. The Prime agricultural land classification represents land that is best suited for the production of crops. The Uniyuc agricultural land classification represents non-prime agricultural land that is currently used for the prodttetion of specific high-value crops. The Other agricultural land classiftcation is for non-prime and non-unique agricultural land that is of importance to the production of crops. Based on a review of ALISH Map H-7, the project site is classified as "Other" agricultural land important to the State of Hawaii. 3.1.3 Probable Impacts from Construction Activity Design of this project is intended to take advantage of the relatively flat topography of the project site to minimize gn~bbing, grading, and other disturbances to the existing topography. -13- Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment The proposed development will try to achieve a balanced cut and fill condition for improve constructed on the project site such as building sites and driveways. As previously stated, the property was grubbed in March of 2003. Thus, additional grubbing activities are not likely to occur. Grading activities that occur should generally be limited to creating building pads and residential driveways. Consequently, grading activities will be relatively minor for this project since they will not affect the entire property or significantly change the site's existing topographic conditions. Grading plans will be prepared during the design of this project in accordance with the County's Erosion and Sedimentation Control regulations prescribed under Chapter 10 of the Hawaii County Code (County 2000), as necessary. Grading activities will also be performed in accordance with applicable provisions of permits obtained from the County and State Department of Health (DOH), as necessary. Individual lot owners will be responsible for obtaining grading permits when they construct their homes. Other Short-Term Construction Impacts Other typical short-term impacts that are usually associated with construction related activities may include fugitive dust emissions, constmction noise, and traffic disturbances from construction vehicles along Palani Road. Fugitive dust emissions and construction noise are not expected to cause considerable disturbances or annoyances to surrounding properties. Construction work for this project will be limited to single-family dwellings on the four additional lots proposed by this change of zone application. As such, the project is relatively small in scale as compared with larger subdivisions, resorts, or large commercial developments. Although these potential short-term effects should be minimal, other possible mitigative measures will be considered for implementation. Such measures will be determined during the project's design. Construction plans prepared by individual lot owners will be submitted to pertinent agencies for review and approval. 3.2 NnruxnL HAZARDS This section addresses only those nahiral and urban-related hazards applicable to the project site. Of the potential natural hazards, only earthquakes, lava flow, hurricane, and flooding hazards are applicable to the project and are addressed below. There are no other known potential urban-related hazards applicable to the property such as airport clear zones, nuisances, hazardous wastes, or other site safety issues. 3.2.1 Earthquake Hazards Earthquakes in the Hawaiian Islands are primarily associated with volcanic eruptions resulting from the intlation or shrinkage of magma reservoirs beneath which shift segments of the volcano (Macdonald, Abbott, and Peterson 1983). Although difficult to predict, an 14_ Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment earthquake of sufficient magnitude causing structural or other property damage to the project may occur in the future. Most of the earthquakes that have occurred were volcanic earthquakes causing little or no damage. The seismic risk classification of the Island of Hawaii is a rating of Zone 4 (USGS 1997). The Island of Hawaii experiences thousands of earthquakes each year; most are so small that they can only be detected by instruments, but some are strong enough to be felt, and few cause minor-to-moderate damage. Most of this island's earthquakes are directly related to volcanic activity, and are caused by magma moving beneath the earth's surface. A few of the island's earthquakes are Less directly related to volcanism. These originate in the zones of structural weakness at the base of the volcanoes or deep within the earth beneath the island (USGS 1997). The locations of larger damaging earthquakes of magnitude 6 or greater since 1868 on the Island of Hawaii have generally occurred on the southern half of the island primarily on the eastern end. In the North Kona District, there have been three major earthquakes recorded in 1929, 1951, and 1952 with magnitudes ranging from 6.0 to 6.9. There is the possibility of future earthquakes occurring on the Island of Hawaii and damage to building structures, infrastructure, and other facilities may occur from an earthquake of sufficient magnih~de. However, damages to structures will be minimized by following appropriate building design and construction standards established under County building codes and standards. Thus, the risk of potential damage to the facilities planned on the project site will not be more than other existing land uses in the North Kona District. 3.21 Lava Flow Hazards Volcanic hazard zone maps developed for the Island of Hawaii were revised by the U.S. Geological Survey in 1987. The current map divides this island into zones ranked from 1 through 9 according to the degree of hazard from lava flows. Zone 1 indicates the area of greatest hazard while Zone 9 indicates the least. Hazard zones from lava flows are based mainly on the location and frequency of both historic and prehistoric emptions. Hazard zones also take into account the larger topographic features of the volcanoes that will affect the distribution of lava flows (USGS 1997). Based on the map, the project site is within Lava Flow Hazard Zone 4. This zone rating indicates that about 5 percent of the area has covered by lava since 1800, and less than 15 percent of the area has been covered by lava in the last 750 years. This zone includes all of Hualalai, where the frequency of emptions is lower than on Kilauea and Mauna Loa. Flows in this zone typically cover large areas. (USGS ] 997). Consequently, the potential for damages to the proposed Pamahoa Residential Lots project site from lava tlow hazard is fairly low. -15- Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment 3.2.3 Hurricane Hazards The three major elements of a hurricane making it hazardous are: 1) strong winds and gusts, 2) large waves and storm surge, and 3) heavy rainfall (FEMA 1993). Of these three, the project site could be affected by only strong winds and heavy rainfall. The project site is located several miles inland away from the shoreline at an elevation of about 985 feet making impacts from large waves and storm surge remote. Impacts associated with heavy rainfall are addressed later under flooding. A hazard mitigation report prepared by the Federal Emergency Management Agency after Hurricane Iniki in 1992 determined that nine hurricanes approached within 300 nautical miles (about one day's travel time) of the Hawaiian Islands' coastlines between 1970 and 1992. Most hurricanes affecting the islands have focused on Kauai. Based upon a tracking of hurricanes since 1950, there appears to be no geographical or meteorological reasons why hurricanes miss the other islands but tend to steer toward Kauai (FEMA 1993). Although unpredictable, the Island of Hawaii has historically received less threat and damage from hurricanes as compared to Kauai. However, as with other existing and ongoing developments in the North Kona District, facilities and structures built on the project site could receive damage from the high winds of a hurricane passing close to the island. Damage to buildings and structures will be minimized by following appropriate building design and construction standards established under applicable County building codes and standards. Thus, the risk of potential damage from high winds will not be more than for other existing developments in the North Kona District and across the island. 3.2.4 Tsunami Inundation and Flooding Because the island is geologically young, there are few well-defined drainage-ways on the project site and in the general surrounding area. As indicated by the soil classification maps, the soils present in the general area are extremely permeable, and visible surface runoff on [he property have been described by the Applicant as being very infrequent. According to the Flood Insurance Rate Map (FIRM), Community Panel Number 155166 0711 C, the entire project area and the immediate vicinity are in Zone X, or outside the 500-year flood plain (FEMA 1988). The project's design will comply with County requirements and standards specified under Chapter 27, Flood Control of the Hawaii County Code. Drainage improvements will meet County building codes and standards, as necessary. 3.3 HYDROLOGICAL RF,SOURCH;S Under the State's Water Resource Protection Plan, aquifers of the Island of Hawaii have been classified under an aquifer coding system to identify and describe these aquifers. This l (i - Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment system is comprised of Aquifer Sectors and Aquifer Systems located within these sectors. An Aquifer Sector reflects an area with broad hydrogeological (subsurface) similarities while maintaining traditional hydrographic (surface), topographic and historical boundaries. The Aquifer system is an area within a sector that is more specifically defined by hydrogeologic continuity, particularly hydraulic connections among aquifer types and units (CWRM 1990). The project site is located within the Hualalai Sector (Sector 809) and the Keauhou Aquifer System (System 80901). The sustainable yield for this system has been estimated at 38 million gallons per day (CWRM 1990). The four additional residential lots proposed by this change of zone application are projected to create a maximum daily water demand of approximately 2,400 gallons. This relatively small water demand generated by the development of the subject property is expected to have a negligib]e impact on the Keauhou Aquifer. Chapter 4 provides further discussion of the County's existing water system and demand associated with the project. There are no perennial or intermittent streams located within or in the immediate vicinity of the project site. Likewise, there are no perennial or intermittent streams down-slope in the immediate vicinity of the project site. This is due in part to the relatively young geological age of the island. Most streams occur on the wetter, windward side of the island (HCPSU, 1990). The nearest named stream to [he project site is Keopu Stream, which is located over two miles south of the project site. Therefore, development of the proposed Pamahoa Residential Lots Subdivision will not affect any important streams. 3.4 $OTANICAL RESOURCES Botanical resources present throughout the project site are limited. The project site was cleared in [wo phases in early 2003. An area less than one acre in size was grubbed and graded for the existing roadway and utility easement in February, 2003, and the four lots that are the subject of this application were grubbed in March, 2003. Development of the project site will not significantly disturb the existing vegetation present or negatively impact important botanical resources since none are present. Disturbed areas will be stabilized and re-vegetated once construction on individual lots is completed. 3.5 FAUNA AND AVIFAUNAL RESOURCES The project site is located along Palani Road within a developed corridor that has been urbanized for several decades. Surrounding uses along the road include other residential subdivisions and lots, schools and churches. No State or federally listed threatened, endangered, or candidate mammal species are known to be present on the project site. Mammals that may be present on the property likely consist of feral cats and dogs, mongoose, and rats that are typical of other similar developed areas. -17- Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment Avifauna species observed on site include the Common Myna, Spotted Dove, Zebra Dove, Northern Cardinal, Japanese White-eye, Nutmeg Mannikin, House Finch, House Sparrow, and Java Sparrow. There are no known rare, threatened, endangered or candidate species of avifauna known to occur on the project site. There are also no significant habitats present on the project site or in the immediate surrounding area, such as wetlands, which may serve as nesting habitat for rare or endangered avifauna. Furthermore, the likely presence of feral cats, mongoose, and other predators on the property likely contributes to the absence of other types of avifauna species. The project site is reflective of urbani2ed areas and developed properties that have been disturbed and used over many decades. Consequently, development of the project is not expected to have a significant adverse effect on mammals and avifauna species. The improvements planned for the site will be limited to the development of residential structures and should not significantly alter the current character of the property. Although there will be more activities occurring on the property associated with the development of the proposed project, these activities are not expected to adversely affect avifauna] or mammals on the site or in the immediate surrounding vicinity. As already discussed, such species present on the property are not rare, threatened, or endangered. 3.6 HISTORIC, ARCHAEOLOGICAL, AND CULTURAL RESOURCES Historically, the Kealakehe Homestead Lots were used for residences and related activities, although no residential structures remained on the property at the time the existing Pamahoa Estates Subdivision was developed. Prior to conducting any grubbing or grading activities for Pamahoa Estates, the Applicant requested an inspection of the properly by State Historic Preservation Division (SHPD) Archaeologist Marc Smith to determine whether an archaeological inventory survey would be necessary. Based on his observations and the information provided by a farmer resident of the property who also attended the site inspection, Mr. Smith found no evidence of archaeological sites and did not request that an archaeological inventory survey be performed. Subsequent to the inspection, grading and grubbing activities were conducted on the property in accordance with the applicable rules and regulations of the County of Hawaii. The roadway portions of the subject parcels were grading under grading permit #9-0742, which was issued by the Department of Public Works on February 4, 2003. Between March 3`d and 7`h, 2003, the subject parcels were grubbed in accordance with Chapter 10 of the Hawaii County Code. No evidence of archaeological sites was discovered during the process of grading and grubbing the properties. Based on the foregoing information, the Applicant solicited and has since obtained a "no effect" letter from SHPD (See Appendix C) that states that no historic properties will be affected by the proposed project. -18- Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment Cultural Resources and Practices There are no known cultural resources present, or traditional native Hawaiian cultural practices occurring on the 4.006-acre project site or in the immediate surrounding vicinity. Consequently, the improvements planned and activities to be conducted on this property as part of the Pamahoa Residential Lots project should not have a negative impact on cultural resources or traditional native Hawaiian culh~ral practices. 3.~ VISUAL RESOURCES There are no significant visual resowces present on [he project site nor is the property used for public scenic viewing points. The property is located along the makai (west) side of Palani Road and is surrounded by other lots within the Pamahoa Estates Subdivision that are currently being developed with single-family residences. The project site presently has no effect on scenic views of the coastline from Palani Road because it is located at the makai edge of the existing Pamahoa Estates Subdivision, which slopes down gently from Palani Road as one traverses the property. Views of the property are somewhat obscured by the existing 50-foot wide vegetation buffer located adjacent to Palani Road. The construction ofsingle-family dwellings and accessory structures within the project site are not expected to have a significant impact on existing visual resources or scenic views. Thus, these structures should not create an obtrusive view from [he highway or have a significant adverse visual impact. Buildings and other facilities will be appropriately designed and landscaped, as necessary, to make them compatible with the existing environment and visually unobtrusive. All buildings and structures will be constructed in conformance with County standards and building code requirements. 3.g AIR QUALITY Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. No large, stationary sources of air pollutants and no major industries that would contribute to air pollution are located within the project vicinity. Air quality in the vicinity of the project site is most affected by emissions from natural and vehicular sources. The dominant factor for the past several years has been the volcanic haze (vog) generated by Kilauea Volcano, which drifts into the Kona area from more than fifty miles away. Another natural source of air pollution that may affect the air quality is windblown dust. Although there is little air quality monitoring data currently available, there are no recorded violations of State or Federal ambient air quality standards in the project area. _ ly _ Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment Short-Term Construction Activities Short-term impacts on air quality from construction activities will be predominantly associated with fugitive dust emissions and exhaust emissions from on-site construction equipment. Fugitive dust emissions will generally arise from grubbing, grading and other earth- moving activities associated with site clearing and preparation. Grubbing and grading activities will be very limited on the project site since the project site has already been extensively grubbed, and grading activities will be limited to creating house pads and residential driveways. Furthermore, because of the project site's relatively flat topography, it is not Likely that extensive grading will be necessary. Therefore, the improvements undertaken by future lot owners should involve a minimal amount of excavation and other ground disturbance activities and resulting fugitive dust emissions. State air pollution controls prohibit visible emissions of fugitive dust from construction activities at the property line. Adequate fugitive dust control can usually be accomplished by establishing a frequent watering program, and implementing additional measures to address grubbing and grading activities. On-site mobile and stationary construction equipment may also emit air pollutants from engine exhausts. Minor nitrogen dioxide emissions from such constnuction equipment should not violate stricter State standards since the equipment used will be short-term given [he limited type of improvements proposed, and emissions standards are set on an annual basis. Short-term carbon monoxide emissions from construction equipment will be low and should be relatively insignificant in comparison to vehicular emissions generated from traffic occurring along the highway. Vehicular Emissions With the development of the project site, a very small amount of automobile-related emissions (carbon monoxide) will inevitably be generated from activities associated with the four new residential lots proposed by this change of zone application. These additional emissions will have minimal if any effect on the present air quality along the highway near the project site and in the immediate vicinity. The increase in vehicular traffic from these additional lots should have a negligible effect on present carbon monoxide emission levels in this area, and subsequently will not exceed either National or State Ambient Air Quality Standards (AAQS). The increase of vehicles associated with the proposed four additional residential lots will have minimal or a very minor noticeable effect on traffic conditions at the intersection of Palani Road and Pamahoa Place. Consequently, [his intersection should not be impacted by the project and thus should not cause carbon monoxide concentration levels exceeding National and State AAQS. -20- Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment 3.9 NorsE Due to the residential development adjacent to and in the vicinity of the project site, existing background ambient noise levels within the site are similar to levels in other residential areas of Kailua-Kona. Existing vehicular traffic occurring along Palani Road generates the dominant source of noise at the project site and in the surrounding area. Noise from Construction Activities Noise from construction activities are regulated under Title 11, Chapter 46 (Community Noise Control) of the State DOH's Administrative Rules (DOH 1996). Under these regulations, the project site currently falls under the Class C zoning district classification because it is zoned for agricultural uses (A-la). The Class C classification applies to properties zoned agricultural, country, industrial, or other similar land uses. Should this change of zone application be approved, the project site would be designated as within the Class A zoning district, which applies to properties zoned residential, conservation, preservation, public and open space, or other similar land uses. The present maximum permissible noise levels under Class A are 55 dBA at the property line during the daytime (7:00 a.m. to 10:00 p.m.) and 45 dBA during nighttime (10:00 p.m. to 7:00 a.m.). Noise levels are not to exceed these levels for more than 10 percent of the time within any 20-minute period (DOH 1996). As described previously, the construction of dwellings and accessory structures on the individual lots within the project site is anticipated to involve minimal grubbing and grading activities. The various construction phases of any development will inevitably generate some noise levels due to equipment noise and other related activities. Typical ranges of construction equipment noise vary between 70 and 95 dBA. Earthmoving equipment, such as bulldozers and diesel powered trucks, could probably be the noisiest equipment used during construction. However, any noise impact from these activities will be relatively short-term and minor given the limited type of improvements necessary for the site. The actual noise levels will be dependent upon the construction methods and equipment employed during each stage of the development process. Furthermoro, construction equipment will be equipped with mufflers as required under DOH regulations. In cases where construction noise exceeds, or is expected to exceed, the maximum permissible daytime noise level of 55 dBA allowable to property line limits, a permit will be obtained from the DOH to allow these activities. Once the subject property has been fully developed with residences, it is not expected that the project will add significantly to current noise levels. _21_ Pamahoa Residential Lots Chapter 3 Change Of Zone Application Physical and Biological Environment Vehicular Traffic Noise Development of the project will generate extremely small increases in vehicular traffic into and out of the site from Pamahoa Place and Palani Road since it only involves creating four additional lots. This additional traffic will inevitably contribute to some increase in noise levels along the highway in the vicinity of the project site. However, the increase in vehicular traffic on this highway will be miniscule and negligible in comparison to the present traffic occurring along the highway. Furthermore, it should be noted that an equal amount of traffic could be generated by the existing four lots if they were developed with residences and ohana dwellings in accordance with the current zoning. Thus, increased vehicular traffic noise as a result of the proposed project will be minimal, and not negatively impact adjacent residential activities. 3.10 SHORT-TERM USES OF THE ENVIRONMENT AND LONG-TERM PRODUCTIVITY The project's short-term uses of the environment, and the maintenance and enhancement of long-term productivity of the property are discussed below. Short-term uses of the property without the project could include the development of the existing four lots within the Pamahoa Estates Subdivision in accordance with the current zoning. No other short-term improvements are planned for the property at this time. The maintenance and enhancement of the property's long-term productivity will be supported by the proposed Pamahoa Residential Lots development. By facilitating the creation of an additional four residential lots within the existing 15-lot Pamahoa Estates Subdivision, the project will provide needed residential inventory in an area well-suited for low density urban uses as indicated by the General Plan. The proposed change of zone will not significantly alter the present character of the property, as the current zoning already permits the development of a single-family dwelling and an ohana dwelling on each lot. 3.11 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF NATURAL RESOURCES As is applicable to any development or construction activity, the proposed improvements to the property will involve the irretrievable loss of certain natural resources such as fossil fuels and building materials such as wood, concrete, and gravel. However, the consumption of these resources will not result in an adverse impact to the Island of Hawaii or the State of Hawaii since the amount of nahtral resources committed for construction will be relatively minimal. Improvements will mainly involve the construction of a limited number of single-family dwellings and accessory struchires. Thus, the level of actual new improvements and construction activity required is relatively minimal for this project. There arc no nahu-al resources of significant cultural, environmental, or aesthetic values present ou the project site. Therefore, the improvements proposed will not involve the irreversible and irretrievable commitment of important natural resources. _ZZ_ Pamahoa Residential Lots Chapter 4 Change Of Zone Application Infrastructure And Public Facilities CHAPTER 4 INFRASTRUCTURE AND PUBLIC FACILITIES 4.1 WATER FACILITIES The County of Hawaii, Department of Water Supply (DWS) provides potable water to the project site and surrounding areas through a system of wells, pump stations, reservoirs and water lines. Water is provided to the Pamahoa Estates Subdivision and the subject property via a 6- inch waterline located within the existing roadway and utility easement along Pamahoa Place. The Applicant has received confirmation that the DWS will be able to provide four additional units of water to accommodate the proposed change of zone, subject to the Applicant paying for all applicable facilities charges, capital assessment fees, and service lateral installation fees. (See Appendix D.) 4.2 WASTEWATER FACILITIES The County currently does not service the area of the subject property with a municipal wastewater collection and treatment system. Therefore, each lot within the project site will have its own individual wastewater treatment system to treat and dispose of sewage in accordance with applicable Department of Health requirements for this subdivision. 4.3 DRAINAGE FACILITIES As stated previously, the subject property is located in an area identified on the FIRM map as Zone X, or outside the 500-year flood plain. There are no natural drainage features found on the site. Because the soil on the project site is highly permeable, floods due to rainwater and surface storm runoff across the property are unlikely to occur as long as all applicable County regulations relating to drainage and flood control are observed. The project will increase surface runoff from paved driveways, sidewalks and roofs. However, paved areas will be limited in order to minimize impervious surfaces added to the property. Furthermore, any increased surface runoff can be controlled by storm drains and drywells as part of a County approved drainage system. All project runoff will be disposed of on site, so as not to impact adjacent properties. Drainage improvements will be designed in conformance with the County of Hawaii, Department of Public Works, "Storm Drainage Standards" and County flood district standards and requirements. Preparation of these design plans will be coordinated with the County Department of Public Works and other applicable agencies. 23 - Pamahoa Residential Lots Chapter 4 Change Of Zone Application Infrastructure And Public Facilities 4.4 SoLtn WwsrE FACILITIES Solid waste generated by residences within the project site will be collected by commercial solid waste collectors or disposed of by homeowners at the County-operated transfer station. Solid waste would be collected and disposed of in compliance with all applicable Federal, State and County rules and regulations. The closest transfer station to the project site is the Kealakehe transfer station, which is located approximately two miles makai of the project site. Solid waste disposed of at County transfer stations is transported by truck to the County landfill at Pu'uanahulu. Construction of the project will generate some solid waste typical of normal construction related activities. Construction-related solid wastes will be a short term impact, and consist primarily of vegetation, rocks, and debris resulting from clearing the individual lots site prior to construction. Once the construction phase of the project is completed, the project will not cause a significant change in the amount and manner of collection and disposal. Under current projections (Hawai'i County DEM 2004), the Pu'uanahulu Landfill is expected to have capacity until sometime between 2037 and 2049. The occupants of the new homes which will be built on the project site will constitute a miniscule component of the island wide growth -about 200,000 in additional de facto population -that will be accommodated by this landfill in the next 50 years. As such, the incremental impact to the ability of the County to handle solid waste generated by this project will be extremely small. However, during both the construction and finished phases of the project development, efforts should be made to encourage reuse and recycling. 4.5 TRANSPORTATION FACILITIES Palani Road is a two-lane roadway that is part of the "belt" highway around the Island of Hawaii. Within the North Kona District, this highway generally runs in a northeast to southwest direction providing regional access between the areas of Waimea and Kailua-Kona. This highway serves as the only major transportation facility providing vehicular access through the Kealakehe community, along with other nearby communities. The portion of Palani Road in the vicinity of Kealakehe is under the jurisdiction of the County Department of Public Works, and has a posted speed limit of 35 miles per hour. The proposed project is expected have minimal impact to traffic volumes on Palani Road. The project site access road, Pamahoa Place, provides adequate sight distances for proper execution of vehicular movements into and out of the project site. Under the existing zoning, the four existing lots that arc the subject of this application can be developed with single-family dwellings and Ohana dwellings, resulting in a total of eight residences. (It should be noted that two of the fifteen lots within the existing Pamahoa Estates Subdivision have received Ohana 24 - Pamahoa Residential Lots Chapter 4 Change Of Zone Application Infrastructure And Public Facilities dwelling unit permits.) In the event that this change of zone request is approved, the total number of dwellings for the project site would remain capped at eight. Therefore, no additional traffic is anticipated onto Palani Road than that which could be created under the current zoning. 4.6 ELECTRICAL AND COMMUNICATION FACILITIES Hawaii Electric Light Company, Ina (HELLO) and Verizon Hawaii currently provide electrical and telephone service, respectively, to existing developments in the surrounding vicinity. As a result, electrica] and telephone service to the project site will likely be provided by these utility companies. Electrical Facilities HELLO presently has overhead electrical lines situated on utility poles routed along Palani Road in the Kealakehe community. There are overhead electrical lines presently running along Pamahoa Place. The project site will generate a slight increase in electrical demand to service the proposed four additional residential lots. However, this increase is not anticipated to have any substantial impact on HELCO's ability to provide continued electrical service. No off-site improvements to existing overhead lines or generating capacity is anticipated. Communication Facilities The project site presently receives telephone communication services from Verizon Hawaii via the existing electrical overhead distribution lines present along Palani Road and Pamahoa Place. These existing distribution lines will be sufficient to handle the communication requirements anticipated to service the proposed four additional residential lots. Cable television service is also provided by Oceanic Time Warner Cable, via the existing overhead electrical line along the Palani Road and Pamahoa Place. The existing lines will be sufficient to provide service to the additional four residential lots proposed by the change of zone application. 4.7 EDUCATIONAL FACILITIES There are three public schools, two private schools and two preschools in the project area. The three public schools consist of Kealakehe Elementary School, Kealakehe Intermediate School and Kealakehe High School; the two private schools are Hualalai Academy and Kona Christian Academy; and the two preschool facilities are Creative Day Preschool and the Kamehameha Kona Preschool. Kealakehe Elementary School is located approximately a half mile south of the project site, and accessed via Kealaka'a Street on the makai side of Palani Road. This school has several programs that meet special student needs and supports a Headstart/Special Education Preschool -25- Pamahoa Residential Lots Chapter 4 Change Of Zone Application Infrastructure And Public Facilities Inclusion Program. Kealakehe Elementary School has been a SchooUCommunity-Based Management school since 1996. During the 2001-2002 school year, Kealakehe Elementary School had an enrollment of 980 shdents in grades K-5 (DOE 2002). Kealakehe Intermediate School is located on Onipa'a Street, adjacent to and makai of the Kealakehe Elementary School campus. Kealakehe Intermediate School serves all of the 6`h, 7`h and 8`h grade students of North Kona. Kealakehe Intermediate School is operating under Schoo]/Community-Based Management. During the 2001-2002 school year Konawaena Middle School had an enrollment of 967 shidents (DOE 2002). Kealakehe High School is located on Puohulihuli Street, at the bottom of the Villages of Lai'opua housing area, which is accessed via Queen Kaahumanu Highway and Kealakehe Parkway. The geographic area served by the school extends from Hualalai Road to Waikoloa Village. During the 2001-2002 school year, Kealakehe High School had an enrollment of 1,474 shdents (DOE 2002). Hualalai Academy is a private school currently serving grades K-10. In the 2004-2005 school year, the school will begin serving 11`h grade students; service to 12`h grade students will begin the following year. Hualalai Academy operates on a modified year-round schedule and currently has an enrollment of 160 students. Kona Christian Academy is a private K-7 religious school and features one class per grade. Its sister school, Makua Lani Christian in Holualoa, serves grades 8-12. Kona Christian Academy follows a traditional year-round schedule and has a current enrollment of approximately 150 students. Creative Day Preschool offers an early childhood program for children ages 2 to 8, and operates on a year-round schedule with 11 teachers and three classrooms. Enrollment varies depending on the time of year. Kamehameha Kona Preschool is part of the Kamehameha Schools Early Childhood Education Division and provides apre-Kindergarten program for children ages 4 through 5, in accordance with the admission policies of the Kamehameha Schools. This school operates on a modified year round schedule and currently has an enrollment of approximately 60 students. The proposed project is expected to have minimal impact the activities and operations of these area schools. No impact on the enrollmenC of these schools is expected since the project should not increase the resident population in this community beyond what is already allowed by the current zoning. The only impacts on the schools within close proximity of the project area will be from short-term, localized atnstntction activities conducted ou the project site. Such potential impacts may include fugitive dust and noise from constntction activities. However, appropriate mitigative measures, as discussed in Chapter 3, will be impletnented to address these potential impacts. -26- Pamahoa Residential Lots Chapter 4 Change Of Zone Application Infrastructure And Public Facilities 4.$ RECKEATIONAL li'ACILITIES The nearest recreational facilities to the project site are located at Kealakehe High School. These facilities are used primarily for shidents, and are only available for public use on a limited basis. There are no public recreational facilities in the immediate vicinity of the project site. The closest public recreational facilities are located approximately 2.5 miles southwest of the project site on the northern edge of Kailua Village. Clustered together in this location are the Old Kona Airport State Park and the County's Kailua Old Airport Park, Kona Community Aquatic Center and Kekuaokalani Gymnasium. The Old Kona Airport State Park fronts nearly one mile of sandy coastline and features restroom and picnic facilities. On the mauka side of the old airport runway is the Maka'eo Walking/Jogging Path and the former airport pavilion. The Kailua Old Airport Park facilities include a soccer field, footbalWaseball field, a track, tennis and basketball courts, a toddlers' playground, a canoe halau and a roller hockey rink. The Kona Community Aquatic Center includes an Olympic pool, children's pool, restroom and locker facilities, and an office. The Kekuaokalani Gymnasium contains basketball courts, restroom facilities and office space. Other public recreational facilities in the general include the Kailua Pier, the Honokohau Small Boat Harbor, the Kaloko-Honokohau National Historical Park, and the Natural Energy Laboratory of Hawaii (NELH). There are no private outdoor recreational activities in the immediate project. As with the public outdoor recreational facilities described above, private recreational facilities such as golf courses are largely concentrated along the coastline as part of the resort developments. One exception is the Makalei Golf and Country Club, which is located several miles north of the project site mauka of Mamalahoa Highway. The Swing Zone, which features batting cages, miniature golf and a driving range, is located in the same vicinity as the Old Kona Airport State Park and the Kailua Old Airport Park. The proposed project will not, in and of itself, cause any significant impact to the public and private outdoor recreational resources in the region. As previously stated, the requested change of zone application should not significantly increase the population to be served in this area as the same nurnbcr of dwellings can currently be built on the subject property under the existing zoning. _Z~_ Pamahoa Residential Lots Chapter 4 Change Of Zone Application Infrastructure And Public Facilities 4.9 MEDICAL FACILITIES Kona Commuuity Hospital in Kealakekua is located along Mamalahoa Highway about 12 miles south of the project site. This hospital includes 53 acute care beds, 22 long-term care beds, a 24-hour emergency service ambulatory care unit, and a wide range of diagnostic, medical and surgical services (HSHPDA 1998). There are approximately 60 physicians on the medical staff. The hospital employs about 345 full-time personnel, and is one of the largest employers in the South Kona area. North Hawaii Community Hospital in Waimea is located along Mamalahoa Highway about 40 miles north of the project site. This hospital includes 35 acute care beds, 24-hour emergency services, and afull-spectrum of acute care hospital services. The hospital employs over 300 personnel (NHCH 2004). The proposed change of zone should not have a significant impact on the health care services provided at Kona Community Hospital and North Hawaii Community Hospital. The project will not significantly increase the resident population in the area and therefore should not increase [he current demand for services provided at the hospitals. Consequently, the project should not have a significant impact on the hospitals' staffs or ability to continue providing medical services to this community. 4.10 POLICE AND FIRE FACILITIES Police protection services are provided by the County of Hawaii Police Department which has eight districts throughout the island. The Kona District station is located in Kailua-Kona, approximately 2 miles west of the project site. The Kona District encompasses an area of 834 square miles and is manned by a captain, four lieutenants, six sergeants and 57 police officers. The County Police Department utilizes a computer aided dispatch system, which identifies the location of 9l 1 calls received. This greatly reduces dispatch and emergency response time. The proposed project is not expected to have any measurable negative impacts on existing or fitture police protection services in the Kona District. Fire protection services for the Kealakehe community are provided primarily by the County of Hawaii at the Kailua Fire Station No. 7, which is located about 2.5 miles southwest of the project site on Palani Road. The station operates on a 24-hour basis. Response time to the project site is estimated at 5 minutes based upon discussion with station staff. The proposed project is not expected to have a negative impact on existing or future fire department facilities, or the ability of staff to provide fre protection services. 28 - Pamahoa Residential Lots Chapter 5 Change Of Zone Application Economic And Social Factors CHAPTER 5 ECONOMIC AND SOCIAL FACTORS The proposed project will have a small, yet positive economic impact in the form of short- term construction related jobs. S.I EMPLOYMENT Total construction cost for the creation of the four additional proposed lots is estimated to be approximately $25,000. This amount will pay for four additional water meters and associated improvements. This is the only cost anticipated for the development of the four lots as the vast majority of subdivision improvements were previously constructed in conjunction with the existing Pamahoa Estates Subdivision. Because the applicant intends to sell the proposed lots to other parties upon the completion of the subdivision improvements, it is difficult to estimate the construction cost and building schedules for the future dwellings. Based on current market conditions and the cost of dwellings constmcted to date within the Pamahoa Estates Subdivision, it is estimated that dwellings constmcted on the proposed lots will cost between $250,000 and $300,000. Thus, the total estimated construction costs for the four additional lots will amount to between $1.0 and $12 million. Construction of dwellings on the additional lots proposed under this change of zone should have a small minor positive economic impact mainly associated with the creation of short-term construction related jobs. A few construction jobs will be created during the period necessary to build each dwelling. Direct constmction jobs would typically consist of on-site laborers, tradesmen, mechanical operators, supervisors, etc. Direct construction jobs created would also stimulate indirect and induced employment within other industries on the island such as retail, restaurants, material distributors, and other related businesses supporting the construction industry. These new jobs would generate additional personal income for construction workers. Personal income is defined as the wages paid to the direct construction workers or operational employees associated with a development. It is anticipated that these construction jobs would likely be filled by residents from the Island of Hawaii employed within the construction industry. Indirect and induced income would also be generated from this construction. Fiscal impacts associated with the proposed project will primarily involve the generation of some additional tax revenue for the State. Tax revenues for the State will be primarily from general excise tax (GET) on development costs and cons[niction materials. In addition, GET on spending ofdirect income will contribute new revenues to the State. ?9 . Pamahoa Residential Lots Chapter 5 Change Of Zone Application Economic And Social Factors County revenues are derived mainly from property taxes. Presently, County tax revenues generated from the project site are relatively low due to the agricultural assessment of the property and the absence of dwellings on the four lots. The requested change of zone and uses planned will have a minor, but positive impact on County tax revenues since the assessment value will increase. S.Z SOCIAL IMPACT FACTORS The proposed project site is located in the community of Kealakehe, approximately one mile south of the Palani Road and Mamalahoa Highway junction and 2.5 miles northeast of Kailua Village. The surrounding area is characterized by several residential subdivisions, schools, churches and a hospice facility. According to the 2000 Census of Population and Housing, the Kailua CDP, which includes the Kealakehe community, has an estimated population of 9,870 living in 3,537 households (U.S. Department of Commerce 2001). The proposed project is not expected to create any negative impacts to the present population in the Kealakehe community or the North Kona District. The proposed project will eventually be developed with dwellings by the individual lot owners. The short-term constmction jobs created by the project will likely be filled by residents who may commute from Kailua-Kona or surrounding communities. Once future dwellings are completed, they are not expected to change or create any measurable negative adverse impact to the character of the overall Kealakehe community or the North Kona District. -30- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies CHAP'CER 6 CONFORMANCE WITH PLANS AND POLICIES This chapter discusses the project's conformance and consistency with the State Land Use District regulations, the pertinent goals, policies, and standards from the County's General Plan dated November 1989, and the land use plans contained in the Kona Regional Plan and the Keahotc to Kailua Development Plan. 6.1 STATE LAND USE PLANS AND POLICIES The project site is designated as Urban District on the State Land Use Commission (LUC) Land Use Boundary Map for Kailua (Map H-7). Urban Districts allow activities or uses as provided by ordinances or regulations of the county within which the Urban District is sihlated. Thus, Urban District lands on the Island of Hawaii are subject to the regulations and ordinances of the County of Hawaii. The conformance of the proposed project with County regulations and ordinances is discussed in the following sections of this document. 6.2 COUNTY LAND USE PLANS AND POLICIES 6.2.1 County of Hawaii General Plan The County of Hawaii General Plan adopted under Ordinance 89-142 serves as a policy document for the long-range comprehensive development of the Island of Hawaii (County 1989). Under the current Land Use Pattern Allocation Guide (LUPAG) Map contained in the General Plan, two of the lots (TMK: 7-4-004: 080 and 081) associated with the 4.006-acre project site are identified as being located within an area designated for "Low-Density Urban" uses while the remaining two lots (TMK: 7-4-004: 082 and 083) are located within an "Urban Expansion Area". The Low-Density Urban designation generally permits developments that are single family residential in character, ancillary community and public uses, and convenience type commercial uses. The Urban Expansion Area designation 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. Thus, the proposed change of zone application is consistent with both the Low- Density Urban and the Urban Expansion Area designations. A discussion of the project's conformance and consistency with pertinent goals, policies, and standards of the County's General Plan is provided below. A. Ecnnornic L Goals: a. Provide residents with opportunities to improve their quality of life. -31- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies b. Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. c. The County of Hawaii shell strive for diversity and stability in its economic system. d. The County shell provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 2. Policies: a. The County c f Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. b. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. c. The County shall .strive for full employment. 3. Standard: a. The island of Hawaii should be developed into a unique scientific and cultural model. The island should become a model of living where economic gains are in balance with social and physical amenities. Development should be reviewed on the basis of total impact on the residents of the County, not only in terms of immediate short run economic benefits. The proposed project will be consistent with these policies and associated goals and standard because it will create additional short-term construction jobs for island residents helping the County strive for full employment. It will also provide residents, especially in the North and South Kona Districts, with additional employment choices and the opportunity to improve their quality of life. The improvements planned will be compatible with the physical amenities present on the project site, and will encourage the appropriate development of additional residential inventory in an urbanized community close to employment centers, educational facilities, and other necessary services. Thus, this project provides an economic benefit to the community that is in balance with the social and ecological environment This project will be consistent with the cited goals, policies and standards. B. Environmental Quality 1. Goa[.' a. Maintain and, if feasible, improve the existing environmentnl quality of the island. 32~ Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies 2. Policies: a. The Caunry of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and in the .future. 3. Standards: a. Pollution shall be prevented, abated, and controlled at levels, which will protect and preserve the public health and well-being, through the enforcement of appropriate Federal, State and County standards. b. Federal and State environmental regulations shall be adhered to. The project will be consistent with these policies and standards to support the goal of improving the island's environmental quality. Improvements associated with the proposed subdivision will be very minor, and will be designed to meet all applicable State and County regulations. Furthermore, the construction of dwellings by future lot owners will also be required to meet all applicable State and County regulations. Consequently, the project is not expected to have a significant adverse effect on the environment as discussed in this document. Necessary mitigative measures will be implemented along with pertinent coordination with agencies to address requirements needed to minimize effects on the environment. Consequently, the project will be consistent with the cited goal, policies and standards. C Flood Control and Drainage 1. Goals: a Conserve scenic and natural resources. b. Protect human life. c. Prevent damage to man-made improvements. d. Control pollution. e. Reduce surface water and sediment runoff 2. Policies: a. All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. b. It is the responsibility of both the government and the private sector to maintain and Improve existing drainage systems and to construct new drainage facilities. 3. Standards: a. "Storm Drainage Standards, " County of Flawaii, October 1970, and as revised. b. Applicable standards and regulations of Chapter 27, "Flood Control, " of the Hawaii County Code. _33_ Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies c. Applicable standards and regulations of the Federal Emergency Management Agency (FEMA). d. Applicable standards and regulations of Chapter 10, "Erosion and Sedimentation Control, " of the Hawaii County Code. If necessary, drainage improvements planned for the proposed project will be designed and constructed in conformance to County standards and other applicable regulations. Such improvements will be designed to address surface runoff and pollution, prevent damage to surrounding structures, and protect human life and nahiral resources. Coordination with the County Department of Public Works will be performed during the project's design and review of construction plans to address department concerns and requirements. The design of these plans will comply with the drainage standards and other requirements identified. Consequently, this project will be consistent with the cited goals, policies and standards. D. Historic Sites 1. Goal: a. Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. 2. Policies: a. The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the clearing or development of land when there are indications that the land under consideration has historical significance. b. The County of Hawaii shall encourage the restoration of significant-sites on private landr. c. The County of Hawaii shall collect and distribute historic sites information of public interest and in conjunction with the State, keep a current inventory of sites. 3. Standards: The evaluation of the importance of specific historic sites is necessary for future action. The following standards establish a,frameworkfor evaluating sites. a. Associated with a major group or organization in the history of the island or community. h. Sites of traditional and cultural significance. The improvements planned on the property are not expected to affect significant historical or cultural resources since there are none present on the property. As discussed previously in this document, the former SHPD Hawaii Island -3d- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies Archaeologist accompanied the Applicant on an inspection of the property prior to any development activity within the existing Pamahoa Estates Subdivision. Based on his observations and the testimony of a former resident of the property, he did not require than an archaeological inventory survey be performed. During the subsequent grading and grubbing permit work, no evidence of archaeological sites was observed. SHPD has provided the Applicant with a "no effect' letter, stating that no historic properties will be affected by this undertaking. Consequently, the planned improvements to the property will be consistent with the cited goal, policies and standards. E. Natural Beauty 1. Goals: a Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. b. Protect scenic vistas and view planes from becoming obstructed c. Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. 2. Policies: a. Access easement to public or private lands, which have natural or scenic value shall be provided or acquired for the public. 3. Standards: The following standards provide guidelines for designating sites and vistas of extraordinary natural beauty which shall be protected. a. Coastline areas ofstriking contrast, e.g. Laupahoehoe Point. b. Vistas of distinctive features. c. Natural or native vegetation which makes a particular area attractive. The project is not expected to have an adverse impact on scenic resources or scenic viewing points. As discussed in this document, there are no scenic or visual resources present on the privately-owned property, and no public viewing points from the property. The future development of dwellings will not obstruct scenic views from Palani Road since the project site is located in a relatively flat area at the southwest corner of the existing Pamahoa Estates Subdivision, which is characterized by a gentle slope rising toward Palani Road as one proceeds east. Furthermore, views of the property from Palani Road are partially obscurred by an existing 50-foot wide vegetation buffer running along the front of the existing Pamahoa Estates Subdivision. Also, there are no public easements on the property which have natural or scenic value to the public. Consequently, the project will be consistent with the cited goals, policy and standards. _3~_ Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies F. Natural Resources 1. Goals: a. Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. b. Protect rare or endangered species and habitats native to Hawaii. c. Protect and effectively manage Hawaii's open space, watersheds, and natural areas. d Ensure that alterations to existing landforms and vegetation, except crops, and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. 2. Policies: a. The County of Hawaii should reguire users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. b. The County ,shall encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. 3. Standard: The following shall be considered for the protection and conservation of natural resources. a. Lands with topographic, locational, soils, climate or other environmental factors that may not be normally adaptable or required for urban, rzrral, agricultural or public use. As discussed throughout this document, the improvements planned will not adversely impact the existing environment. The improvements proposed by the Applicant to accommodate the requested four additional lots will be very minor. Likewise, the dwellings that will be built by future lot owners will not have a significant adverse impact on the environment. Necessary mitigative measures will be implemented during construction that will include coordination with appropriate agencies during the design of the project. There are no known rare or endangered species present on the property or in the immediate vicinity which will be adversely affected by the project. The project will not adversely impact other natural resources such as watersheds, scenic resources, landscaping, habitat, or other sensitive environmental resources. Appropriate coordination with pertinent agencies will be conducted during the project's design to mitigate any impacts and comply with agency requirements. Finally, the project will not affect significant natural resources of the County or use natural resources which 36- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies may have an adverse effect on the environment. Thus, this project is consistent with the cited goals, policies and standard. G. Housing 1. Goals: a. Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. b. Attain a diversity of sacio-economic housing mix throughout the different parts of the County. c. Maintain a housing supply which allows a variety of choice. d. Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. e. Improve and maintain the quality and affordability of the existing housing stock. 2. Policies: a. The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. b. Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. 4. Standard: Housing .standards shall consist of and comply with: a. Housing Code b. Building Code c. Electrical Code d. Plumbing Code e. Zoning Code f, Subdivision Code g. Standards of the single family and multiple residential land use element. The proposed project will allow for the creation of four additional residential lots within an existing 15-lot subdivision that is close to the urbanized core of Kailua Village. The Applicant intends to develop the subdivision based upon the strong demand and locally receptive market for these types of single family residential lot sizes in this particular area of North Kona. This subdivision will improve the housing supply, and provide potential home buyers and renters with greater variety of choice in close proximity to employment opportunities, schools, medical facilities, commercial and recreational amenities. The creation of smaller lots within the existing Pamahoa Fstates Subdivision will allow for lower sales pricing than that of the existing one-acre lots, thus providing greater availability for local buyers. Furthermore, construction of the dwellings on the project site will comply with all applicable State and County regulations, -37- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies thereby ensuring the provision of safe, sanitary and livable housing for the residents of North Kona. Thus, the project is consistent with the cited goals, policies and standards. H. Public Utilities I. Goals: a. Ensure that adeguate, efficient and dependable public utility services will be available to users. b. Maximize efficiency and economy in the provision of public utility services. c. To have public utility facilities, which are designed to fit into their surroundings or concealed from public view. 2. Policies: a. Public utility facilities shall be designed so as to complement adjacent land uses and shall be operated so as to minimize pollution ar disturbance. b. Provide utilities and service facilities which minimize total cost to the public and effectively service the needs of the community. c. Utility facilities shall be designed to minimize conflict with the natural environment and natural resources. d Improvement of existing utility services shall be encouraged to meet the needs of users. The project site is presently being serviced by public utilities such as water, electrical and communication services. The improvements associated with the project will create a very small increase in demand for services that will not negatively affect the efficiency or ability of existing utility companies to provide such services. Improvements to the property will include the installation of four new water meters and associated improvements such as underground waterlines. The existing overhead electrical distribution line in the Pamahoa Estates Subdivision may be routed underground to the new lots. On-site utility improvements will be funded by the Applicant, and no off-site improvements will be necessary to serve this project. Thus, the project will not significantly affect the cost of public services or adversely impact the service needs of the community. The design of utility improvements will be coordinated with pertinent agencies; therefore, there should not be in conflict with the nahiral environment or natural resources. The project's compliance with specific applicable utility policies is discussed below. 38 - Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies Water I. Policies: a. Water system improvements and extensions shall promote the County's desired land use development pattern. b. All water systems shall be designed and built to Department of Water Supply standards. c. The fire prevention systems shall be coordinated with water distribution systems in order to ensure water supplies for ftre protection purposes. 2. Standard: a. Water systems shall meet the requirements of the Department of Water Supply and the Subdivision Control Code. The project will utilize the existing County water system that currently services the project site. As stated previously, the Department of water Supply has indicated that a sufficient number of water commitments is available to the Applicant to accommodate the proposed additional four lots. The Applicant will be responsible for constructing improvements associated with these four water meters. No extension of off-site water system infrastructure is required. There is one fire hydrant on Pamahoa Place that is adequate to serve the existing Pamahoa Estates Subdivision. The subject property is designated Low Density Urban and Urban Expansion by the General Plan LUPAG Map, and the proposed project is consistent with the desired land use development pattern. On-site water system improvements will be designed in accordance with Department of Water Supply standards, and will meet the department's requirements and comply with the subdivision control code. Thus, the project is consistent with the cited water policies. Telephone 1. Policies: a. The County shall encourage underground telephone lines where they are economically and technically feasible. h. The County shall work closely with the telephone company to provide all users with efficient service. 2. Standard: a. In the development and placement of telephone facilities, such as lines, poles and substations, the design of the facilities shall consider the existing environment, and scenic view and vistas shall be considered and preserved where possihle. Improvements to telephone lines within The property will consist of extending them directly to the future residences to be constnicted on the project site. No off-site -39- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies improvements will be necessitated by the project. Necessary coordination with Verizon-Hawaii will be performed to ensure necessary improvements and design standards are met. The placement of lines shall consider and preserve views where possible. Thus, the proposed project is consistent with the cited telephone policies and standard. Electricity 1. Policies: a. Power distribution shall be placed underground when and where feasible. The County shall encourage developers of new zrrban areas to place utilities underground. 2. Standard: a. There shall be a minimization of obstruction of scenic views and vistas by electrical facilities. Existing electrical lines and poles run along Pamahoa Place and onto the subject property. These lines will be extended to the future residences. If feasible, electrical lines will be extended from the poles to the residences via underground conduit to minimize the obstruction of views. No off-site improvements are necessary to accommodate the proposed project. Coordination with HELCO will be performed during construction of the subdivision improvements to ensure necessary improvements and design standards are met. Thus, the proposed project is consistent with the cited electricity policy and standard. Sewer 1. Policies: a. The "Sewerage Study for All Urban and Urbanizing Areas of the County of Hawaii, State of Hawaii," December 1970, and the "Water Quality Management Plan for the County of Hawaii, " December 1980, shall be used as guides for the general planning ofsewerage disposal systems. b. Disposal of raw sewage directly into waterways and the ocean shall be discontinued crs soon as possible. 2. Standards: a Incorporate sewage works standards proposed in the "Sewerage Study for All Urban and Urbanizing Areas of the County of Hawaii" and the "Water Quality Management Plan for the County of Hawaii. b. Sewerage systems shall be designed for the particular area, depending on topography, geology, population density, costs, and other considerations of~the speciftc area. -40- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies c. There shall be a minimum of visual and odor pollution emanating from sewerage treatment facilities. d. Applicable standards and regulations of the State of Department of Health, Chapter 54, "Water Quality Standards. " e. Applicable standards and regulations of the State Department of Health, Chapter 55 "Water Pollution Control. " The Applicant intends to use the most environmentally sensitive wastewater disposal system that is economically feasible and approved by the State Department of Health. This system will be designed in conformance to DOH standards and requirements. Thus, the proposed project is consistent with the cited sewer goals and policies. I. Recreation 1. Goals: a. Provide a wide variety of recreational opportunities far the residents and visitors of the County. b. Maintain the natural beauty of recreation areas. c. Provide a diversity of environments for active and passive pursuits. 2. Policy: a. Recreational facilities in the County shall reflect the natural, hisdoric and cultural character of the area. As previously discussed in this document, the proposed project is located within approximately 2.5 miles of public recreational facilities, including the Old Kona Airport State Park, the Kailua Old Airport Park, the Kona Community Aquatic Center and the Kekuaokalani Gymnasium. Other facilities in the larger Kailua-Kona area include the Kailua Pier, the Honokohau Small Boat Harbor, the Kaloko-Honokohau National Historical Park and the Natural Energy Laboratory of Hawaii (NELH). As such, the project will offer future residents a wide variety of recreational opportunities within a relatively close distance of the subdivision. As the project is not expected to significantly increase the population of the Kealakehe community in and of itself, its residents should not have an adverse impact on the ability of the County to maintain the natural beauty of these recreation areas. Thus, the proposed project is consistent with the cited goals and policy. J. Transportation 2. Goal. a. Provide a transportation system whereby people and goods can move efficiently, safely, comfortably and economically. 2. Policies: 41- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies a. A framework of transportation facilities which will promote and influence desired land use shall be established by concerned agencies. b. The improvement of transportation service .shall be encouraged. 3. Standard: a. Transportation systems shall meet the requirements of the State Department of Transportation and the Cozrnty oftlawaii. Additional driveways will be constructed by future lot owners to connect to Pamahoa Place, a private roadway. No off-site improvements will be necessitated by the project as Pamahoa has an adequate line of sight along Palani Road. The proposed project will be consistent with the stated goal and policies by providing a safe, efficient, and economical transportation system. K. Land Use I. Goal: a. Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 2. Policies: a. Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities andJacilities. b. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and county. 3. Standard: a. The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad-brash boundaries indicated are graphic expre.rrions of the General Plan policies, particularly those relating to land uses. They are long-range guides to general location and will be subject to: a) existing zoning, b) State Gand Use District, and e) zone guide map and interpretation. Similarly, the acreages allocated represent alternatives for the various levels of economic activity and supporting functions, such as resort, residential, commercial and industrial activities. Land required for community and governmental services and programs as well as new towns and resort centers may be accommodated within the allocated acreages. The project site is designated Low Density Urban and Urban Expansion under the General Plan LUPAG Map. The proposed project will be consistent with both of -43- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies these land use designations. The proposed use will also be compatible with the existing surrounding social, cultural, and physical environment. This property is conveniently located near Palani Road, making it easily accessible and adequately serviced by existing public utilities and infrastructure. The property is located in the relatively urbanized residential corridor of Kealakehe and within close proximity of the urbanized core of Kailua Village and other employment centers in the North Kona District. Therefore, this proposed project is consistent with the present General Plan land use designation and consistent with the cited goal, policies and standard. L. North Kona District 1. Housing Courses of Action a. Since the lands in this district are sloped, the County shall encourage the use of cluster and planned unit developments which can take advantage of the topography. b. Aid and encourage the development of a wide variety of housing for this area to attain a diversity of socio-economic housing mix. The proposed project is designed to increase the availability of residential lots in an area already characterized by high-density residential development. Since the topography of the project site is relatively flat, it offers an excellent opportunity to create higher-density lots within the existing Pamahoa Estates Subdivision while simultaneously increasing the inventory of building lots in close proximity to Kailua Village. Furthermore, these smaller lots will be made available at lower prices than the one-acre lots in the existing subdivision, thereby making them more attractive to local buyers. Thus, the project is consistent with the housing courses of action in the North Kona District. 2. Land Use (Single-Family Residential) Courses ofAetion a. Encourage the development of appropriately located and serviced privately-held and State-owned lands jor houselots. b. The County shall encourage the concentration of residential structures to avoid strip residential development. The project proposes to concentrate development of residential lots within an existing subdivision. The four additional lots proposed by this change of zone application will be in close proximity to the urban core of Kailua Village, major employment centers, as well as a variety of public, commercial, and recreational resources. This project will noC encourage urban sprawl outside the existing -as- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies residential corridor of the Kealakehe community and thus will not result in strip residential development. Thus, the project is consistent with the Land Use courses of action for single-family residential development in the North Kona District. County General Plan Uudate The County of Hawaii is in the process of updating the 1989 General Plan. Currently, there are no proposed revisions to the Land Use Pattern Allocation Guide maps that will affect the project site and proposed use. A discussion of the project's consistency with applicable goals and policies from the available December 2001 update is provided. A. Economic 1. North Kona District Cozrrses of~lction a. Increase affordable housing opportunities in the Kailua-Kona area. Although the proposed project is not specifically designed to increase affordable housing opportunities, it will increase the availability of more affordably-priced smaller lots than are currently available in the existing Pamahoa Estates Subdivision. According to a recent County of Hawaii newsletter, the entire County is facing a housing crisis and West Hawaii is the hardest hit by this crisis, particularly in North Kona and South Kohala. As the result of rapidly increasing prices, [he newsletter notes that residents are forced to move to less expensive areas without infrastructure such as water and paved roads. In response to this crisis, the County is actively encouraging the development of housing in urban core areas such as Kailua-Kona. The County recognizes that it is good planning to encourage housing in urban core areas, where people can live near where they work. This can reduce traffic on the roads and, by decreasing people's commute time, improve the quality of life for the County's residents. The proposed change of zone for the project site will directly support the County's policy of developing more housing in close proximity to urban core areas. Also, by creating smaller lots than are currently available in the existing Pamahoa Estates Subdivision, the project will not only increase much-needed building lot inventory but will increase the availability of more affordable lots to local buyers. Thus, the proposed project is not inconsistent with the cited economic course of action for North Kona, and is completely consistent with the County's stated goal of encouraging housing in urban core areas. 44 - Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies B. Environmental Quality 1. Goals: a. Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. 6. Maintain and, iffeasible, improve the existing environmental quality of the island. c. Control pollution. 2. Policies: a. Work with the appropriate agencies to adopt appropriate measures and provide incentives to control point and non point sources ofpollution. 6. Require implementation of the management measures contained in Hawaii's Coastal Non-Point Pollution Control Program as a condition of land use permitting. The proposed project will be consistent with these goals and policies because it will maintain the existing environmental quality of the property while balancing the need for increased housing opportunities in the area. The design of the project will include consultation and coordination with appropriate agencies to address non-point sources of pollution, as necessary. This will include implementing pertinent management measures from the pollution control program. C. Flooding and Other Natural Hazards 1. Goal: a. Maximize sail and water conservation. 2. Policies: a. Any development within the Federal Emergency Management Agency (FEMA) designated flood plain must be in compliance with Chapter 27. h. Consider natural hazards in all land use planning and permitting. c. Discourage intensive development in areas of high volcanic hazard. The project site will be designed i? compliance with Chapter 27. Natural hazards were addressed in this document which showed that the project is not located within an area of high volcanic hazard. Thus, the project is consistent with ~}ie cited goal and policies. 45 - Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies D. Historic Sites 1. Policy: a. Consider requiring Cultural Assessments far certain developments as part of the rezoning process. This doctunent did consider the potential impacts from the proposed improvements on traditional culhiral practices. As discussed, the improvements are not expected to adversely impact traditional cultural practices since there are no cultural practices occurring on the project site. Thus, the project is consistent with this referenced policy for historic sites. E. Land Use (Single-Family Residential) 1. Goal: a. To enhance the overall quality of life in our residential communities. 2. Policy: a. Require developers to provide basic infrastructure necessary for development. The project will enhance the overall quality of life for residents of the Kealakehe community by supplying additional housing in close proximity to an urban core area, thus decreasing commute times and providing residents with more time for leisure and family activities. The Applicant will provide necessary on-site infrastructure improvements to facilitate the creation of the additional four lots requested. No off-site infrastructure improvements should be necessary to serve this project. Thus, the project is consistent with the stated goal and policy. F. Natural Beauty 1. Goals: a. Protect, preserve m:d enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. b. Protect scenic vistas and view planes from becoming obstructed. c. Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty.. 2. Policies: a. Consider structural setback from major thoroughfares and highways and establish development and design gzridelines to protect important vie wplanes. ar~- Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies b. Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land ure reviews. b. Do not allow incompatible construction in areas of natural beauty. The improvements planned for the property are not expected to have an impact of views endowed with natural beauty. There are presently no important scenic resources present on the property or public views available from the privately-owned property. Views of the property from Palani Road are partially obscured by an existing 50-foot wide vegetation buffer. The future development of this property by individual lot owners should not result in obtrusive visual impacts of the property from the highway. Thus, the project is consistent with the referenced goals and politics. 6.2.2 Kona Regional Plan The Kona Regional Plan (County 1982) was created to fulfill the mandate of the General Plan to prepare detailed community development plans. The Kona Regional Plan is intended to serve as an implementing tool for the General Plan and entails the formulation of desired land use patterns within the parameters of the General Plan goals, policies, standards, LUPAG Map, and Facilities Maps. A review of the Land Use Concept Plan contained in the Kona Regional Plan shows that the project site area is designated for agricultural uses, with minimum building lot sizes ranging from one to three acres. Although the proposed project is not consistent with this Land Use Concept Plan, it should be noted that the Kona Regional Plan is not intended to function in a regulatory manner mandating compliance. While it assists in making zoning decisions, it is not the zoning map. Because the Kona Regional Plan has not been updated since 1982, its meaningfulness and value as a guide has diminished significantly in the intervening years. 6.2.3 Keahole to Kailua Development Plan The purpose of the Keahole to Kailu~ Development Plan (County 1991) was to create a plan for the development of land in the vicinity of Keahole Airport, from the shoreline up to developed subdivisions along Mamalahoa Highway, and back to Kailua Village. At the time the plan was developed, the area was largely undeveloped and owned by a few large landowners. Given its location, the area was viewed as a prime candidate for urbanization to meet the growing needs of West Hawaii. According to the Land Use Plan prepared for the Keahole to Kailua Development Plan, the subject property and surrounding areas are designated for extensive residential uses. Furthermore, the plan states that residential developmenC within the upper Kcalakehe community is compatible with the overall, environmental and development objectives and criteria of the Keahole to Kailua Development Plan. Thus, the proposed change _q~_ Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies of zone application is consistent with this plan and its designation of extensive residential uses for the project site area. 6.2.4 County of Hawaii Zoning District Standards The County's North Kona District Zoning Map was reviewed to determine the zoning district classification for the project site. As depicted on this zoning map, the entire 4.006-acre project site is zoned Agricultural (A-1 a), indicating a minimum building lot area of one acre. This application proposes to rezone the approximately 4.006-acre project site to the Single- Family Residential District with a minimum building site area of 15,000 square feet (RS-IS), to allow for the consolidation of four existing one-acre lots and resubdivision into eight approximately one-half acre lots. As explained earlier, the Applicant is seeking ahigher-density zoning so that the resulting subdivision will be consistent with the Planning Department's policy of excluding roadway easements when determining the minimum lot size for conformance with the Zoning Code. The residential development that will occur on this property will be consistent with the permitted uses specified under the RS zoning district as described under Section 25-5-3 of the County Zoning Code. Consistency with Zoning District Desien Standards "the Single-Family Residential District provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. Given the existing urbanized residential character of the Kealakehe community, this zoning district classification will be consistent in meeting the purpose and applicability of the improvements planned for the property. The height limit for the RS zoning district is 35 feet, although it should be noted that the conditions, covenants and restrictions of the existing Pamahoa Estates Subdivision do not allow stnictures greater than 25 feet in height. Thus, the dwellings developed on the project site will meet this height limit. The minimum building site area for the RS-15 zoning district is ] 5,000 square feet. Thus, the proposed project will satisfy this standard. The minimum building site average width specified for the RS zoning district is sixty feet, plus two feet for each five hundred square feet of required building site area in excess of seven thousand tive hundred square feet. For the requested zoning designation of RS-15, this translates to a minimum average width of 90 feet. The proposed project will meet this requirement. Under the RS-IS zoning district, the minimum required yards are 20 feet for the front and rear yards and 10 feet for the side yards. In accordance with the recently promulgated Planning Departrnent memo regarding minimum setbacks and lot sizes in relation to roadway easements, the proposed lots directly abutting Pamahoa Place will be considered to have one fi~ont, one rear 43 Pamahoa Residential Lots Chapter 6 Change Of Zone Application Conformance With Plans And Policies and two side yards. In accordance with Section 25-4-14 (4) of the Zoning Code, the proposed flag lots will be considered to have all side yards. All of the proposed lots will conform to the applicable requirements in the Zoning Code and as clarified by the Planning Department's memo regarding minimum setbacks and lot sizes in relation to roadway easements. 6.2.5 Special Management Area Under Chapter 205A (Coastal Zone Management), HRS, the County is authorized to regulate land uses located within the established Special Management Area (SMA) for the Island of Hawaii. Review of the County of Hawaii's SMA map for the Kailua-Kona area determined that the project site is situated outside the SMA. The SMA boundary in this area is located on the makai side of the Queen Ka'ahumanu Highway (Hawai'i State Route 19), approximately 2 miles makai of the project site. Therefore, the project site is not subject to the County Planning Department's assessment and processing procedures established under the Planning Commission's Rule 9, Special Management Area. _49_ Pamahoa Residential Lots Chapter 7 Change Of Zone Application Consistency With Decision-Making Criteria CHAPTER ~ CONSISTENCY WITH DECISION-MAKING CRITERIA This chapter discusses the project's consistency with the County's review and decision- making criteria for a Change of Zone. 1n considering a change of zone initiated by a property owner, the Planning Director considers the purposes of the existing and proposed zoning district, and the purposes of this chapter. The Director may recommend a change in zoning where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies, and standards of the General Plan. The proposed change of zone application will meet these criteria in support of the rezoning proposed. As discussed in this document, the impact of the project will not be significant or adverse to the existing environment, and will provide economic benefits to the community and residents in the form of more available building lots in the North Kona District. A discussion of the project's consistency with these criteria is provided below. 1. Purposes of the existing and proposed Zoning district. The Agricultural District provides for agricultural and very low density agriculturally- based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. Under the present A-la zoning district classification for the 4.006- acre property, the Applicant is allowed to have a maximum of four one-acre lots within the project site. The existing 15-lot Pamahoa Estates Subdivision was approved by the County in early 2003 and the project site contains four of these 15 lots. The Applicant is now proposing to rezone these four existing lots for the purpose of consolidating and resubdividing them into eight one-half acre lots, thereby creating a total of 19 lots within the Pamahoa Place Subdivision. The Single-Family Residential District provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. Given the existing urbanized residential character of the Kealakehe community, this zoning district classification will be consistent in meeting the purpose and applicability of the improvements planned for the property. The Applicant intends to develop the proposed eight-lot subdivision based upon the strong demand and locally receptive market for these types of single family residential lot sizes in this particular area of North Kona. Therefore, the proposed change of zone to RS-15 will allow the Applicant to utilize the property as described in this application. _50_ Pamahoa Residential Lots Chapter 7 Change Of Zone Application Consistency With Decision-Making Criteria 2. Appropriateness of land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies, and standards of the General Plan. The proposed RS-IS zoning is consistent with and implements the long-term ]and use designation (Low Density Urban and Urban Expansion) in the General Plan and thus furthers the public necessity and com~enience and the gcneral welfare. The proposed zoning is also compatible with the existing zoning pattern in the vicinity, which includes several subdivisions zoned for RS-7.5, RS-10 and RS-1S. The proposed RS- 1 S zoning is also consistent with the Keahode to Kailua Development Plan, which designates the project area for extensive residential uses. The proposed project will fi~rther public necessity and convenience by providing for additional residential inventory in an area of high demand and in close proximity to the urban core of Kailua-Kona and necessary residential support facilities. The project will benefit the County through additional [ax revenue, and support the County's goal of encouraging the development of additional housing close to urban centers to increase quality of life for the County's residents. The proposed project is consistent with the goals, policies, and standards of the General Plan as discussed in the previous chapter. -51- Pamahoa Residential Lots Chapter 8 Change Of Zone Application Bibliography CHAPTER S BIBLIOGRAPHY Commission on Water Resource Management. 1990. Hawaii Water Plan; Water Resources Protection Plan. Volumes 1 and 2. Department of Land and Natural Resources. Prepared by George A.L. Yuen & Associates, Inc. Honolulu, Hawaii. Cooperative Extension Service. 1979. Agricultural Lands oflmportance to the State of Hawaii. College of Tropical Agriculture and Human Resources, University of Hawaii at Manoa. Circular 496. County of Hawaii. 1989. The General Plan; Hawaii County. Adopted under Ordinance 89-142. Hilo, Hawaii. County of Hawaii. 1999. The Hawaii County Code 1983 (Revised and Republished 1995). Hilo, Hawaii. County of Hawaii. 2001. General Plan Revisions, Preliminary Draft 2. County of Hawaii. 2004. Hawaii County Weekly News, May 14. Housing Crisis; Affordable Housing Policy. county newsletter(caco.hawaii.hi.us. County of Hawaii, Department of Environmental Management. 2004. Final EIS, Construction and Operation of East Hawai ~i Regional Sort Station. Hilo, Hawai' i. County of Hawaii, Department of Public Works. 1970. Storm Drninage Standards. Hilo, Hawaii. County of Hawaii, Department of Water Supply (DPW). 1985. Water System Standards. Volume I. County of Hawaii. County of Hawaii, Planning Department. 1982. Kona Regional Plan. Hilo, Hawaii. County of Hawaii, Planning Department. 199E Keahole to Kailua Development Plan. Hilo, Hawaii. Department of Education. 2002. School Status and Improvement Report. Department of Geography. 1998. Atlas of Hawaii. Third Edition. University of Hawaii at Ililo. University of Hawaii Press. Honolulu, Hawaii. Department of Health (DOH). 199E Hawaii Administrative Rules. Title I1, Department Of Health. Chapter 62, Wastewater Systems. State of Hawaii. Honolulu, Hawaii. Department of Health (DOH). 199f,. Hawaii Administrative Rules. Title 11, Department of Health. Chapter 46, Community Noise Control. State of Hawaii. Honolulu, Ilawaii. -52- Pamahoa Residential Lots Chapter 8 Change Of Zone Application Bibliography Federal Emergency Management Agency (FEMA). 1988. Flood Insurance Rate Maps (FIRtI~, Community Panel 155166 07110. Federal Emergency Management Agency (FEMA). 1993. Hazard Mitigation Report, Hurricane Iniki. In Response [o the September 12, 1992 Federal Disaster Declaration. FEMA-961- DR-HI. San Francisco, California. Hawaii Audubon Society. 1993. Hawaii's Birds. Hawaii Cooperative Park Service Unit (HCPSU). 1990. Hawaii Stream Assessment; A Preliminary Appraisal of Hawaii's Stream Resources. Report R84. Prepared for Commission on Water Resource Management, Department of Land and Natural Resources, State of Hawaii. Honolulu, Hawaii. Hawaii Police Department (HPD). 2003. Hawaii Police Department 2002-2003 Annual Report. County of Hawaii. Hilo, Hawaii. Hawaii Fire Department (HFD). 2003. Hawaii Police Department 2002-2003 Annual Report. County of Hawaii. Flilo, Hawaii. Hawaii State Health Planning and Development Agency (HSHPDA). 1998. Hawaii State Health Planning and Development Agency Inpatient Facilities and Home Health Services Utilization Report; 1997 Data. Department of Health, State of Hawaii. Honolulu, Hawaii. Hawaii State Department of Labor and Industrial Relations, Research and Statistics Office. 2000. Occupational Wages. Land Study Bureau. 1965. Detailed Land Classification -Island of Hawaii. L.S. Bulletin No. 6. University of Hawaii. Honolulu, Hawaii. Macdonald, Gordon A., Abbott, Agatin T., and Peterson, Frank L. 1983. [volcanoes in the Sea. U.S. Geological Survey (USGS). 1997. Volcanic and Seismic Hazards on the Lrland ofHawai'i. Department of Interior. U.S. Department of Agriculture, Soil Conservation Service (SCS). 1973. Soil Survey oflslnnd of Hawaii, State of Hawaii. In cooperation with the University of Hawaii, Agricultural Experiment Station. Washington, D.C. -53- APPENDICES APPENDIX A Warranty Deeds for Subject Properties ~N~ d!•KIIN AI. of THE C>n~UMENT kECO'1DEp AS POIJ.OW$, ~1p~ 51A'IE Of ItA~NAII ®{li'Fl.il1 4r p~~pq Vfl'AfvC~S RpCUMENT Np•..,..r+L11L,Y„~Y~ LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY: ~1 MAIL ? PICKUP I/ THISDOCUMENTCONTAINSltr PAGES HO'AWE LLC 72-4116 Awalua Place Kailua-Kona, Hawaii 96740 AFFECTS TAX MAP KEYS: (3) 7-4-004: 080, 081 & 083 WARRANTY DEED PARTIES: GRANTOR: THOMAS W. PACK and FLORENCE G. WARD PACK, husband and wife, whose mailing address is 72-4116 Awalua Place, Kailua-Kona, Hawaii 96740. GRANTEE: HO'AWE LLC, a Hawaii Iimited liability company, with its mailing address at 72-41 16 Awa]ua Place, Kailua-Kona, Hawaii 96740. DESCRIPTION OF PROPERTY: The property covered by this Warranty Deed is described in Exhibit "A" attached to this document. TRANSFER AND CONVEYANCE OF PROPERTY: For ONE AND NO/100 DOLLAR ($1.00), the Grantor transfers and conveys the property described in Exhibit "A" to the Grantee. TALE AND TRANSFER OF OTHER RIGHTS: Grantor also transfers and conveys to the Grantee the following: 7HE OBl r,ipiAt pF ThIE DOCUMEtir R': ~•'•oco qS FOLLOWS, 5'In7L of NA41A 11 6URC"AU OF C(:)NVE'rAh1CES ApR. 1 a zooa I~oO DU:.'UI.5E: 1T NU~....~_b.(~K..CSd..~V • II V LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY: ~ MAIL ? PICKUP THISDOCUMENT CONTAINS PAGES HO'AWE LLC 72-4116 Awalua Place Kailua-Kona, Hawaii 96740 AFFECTS TAX MAP KEI': (3) 7-4-004-082 WARRANTY DEED PARTIES: GRANTOR: THOMAS W. PACK, married, whose mailing address is 72-4116 Awalua Place, Kailua-Kona, Hawaii 96740. GRANTEE: HO'AWE LLC, a Hawaii limited liability company, with its mailing address at 72-4] 16 Awalua Place, Kailua-Kona, Hawaii 96740. DESCRIPTION OF PROPERTY: The property covered by this Warranty Deed is described in Exhibit "A" attached to this document. TRANSFER AND CONVEYANCE OF PROPERTY: For ONE AND NO/]00 DOLLAR ($1.00), the Grantor transfers and conveys the property described in Exhibit "A" to the Grantee. SALE AND TRANSFER OF OTHER RIGHTS: Grantor also transfers and conveys to the Grantee the following: APPENDIX B Planning Department Memorandum No. 03-32 4Q,NSV H'Cq'. r . bliE. Flarry K_in~ Christopher .F. ~?uen ,uoyor ' Director 1TE OF~M>~ Roy R. Takemoto Deputy Direc, nr ~rrixxtf~r ~ztf~rtr<it ~LANNIIQrc nEPARTIViENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 9672,0-3043 MEMORANDUM (808)961-8288 • Fax (808)961-8742 NO. 03-32 December 23, 2003 TO: PLANNERS/ZONING CLERKS FROM: CHRISTOPHER 7. YUEN ~ - f= r.~~~ PLANNING DIRECTOR 1. s---~~ t SUBJECT: ROADWAY EASEMENTS-MINIMUM LOT SIZE AND SETBACKS We allow roads to be created by easements or roadway lots. In the past, we have counted the easement as part of the lot when calculating the minimum lot size. For example, for a proposed cul de sac subdivision of 40,000 s.f. in the RS-10 district, we would allow 4 lots and count the road easement as part of the 10,000 s.f. lot size even if the net buildable area would be less than 10,000 s.f. If the road were a roadway lot rather than an easement, it would be impossible to create 4 buildable lots in addition to the roadway lot. hence, the past practice has enabled subdividers to circumvent the minimum lot size requirements by creating roadway easements rather than roadway lots. Since a roadway easement did not create a "street right-of--way line", past practice has also not recognized a roadway easement as creating a street frontage. ~ Hence, rather than a front yard, the yard fronting a roadway easement has been considered a side yard. And, since a "yard" is measured between the building and lot line, past practice has measured the side yard from the lot line rather than the roadway easement boundary. ~ Zo~~ing Code definition of "street frontage": "`Street frontage' means that portion of a building site that has a common line with a street right-of--way line. The street frontage is designated as the front property I ine-" ' 7_oning Code definition of "yard": `°Yard' means an open space on the same building site with a building, which open space lies between the building and the bounding lot lines... . PLANNERS/Z,ONING CLERKS PAGE2 DECEMBER 23, 2003 The past practice in determining the minimum lot size and yard was based on the Toning Code's definition of "lot" and "lot line" which makes reference to the "property line",3 in isolation from the Zoning Code's intent when addressing roads. For planned roads or future widening, the Zoning Code clearly establishes the "front property line" as the plan line for future streets or the fuure width line (§25-3-8).4 By analogy and logic, the easement boundaries established by a roadway easement should also establish the "front property line". Moreover, the Subdivision Code requires that "each subdivided lot shall abut upon a public street or an approved private street" (§23-34)-i.e., if the roadway easement is not treated as a street, the lot does not abut any street. Since the Zoning and Subdivision Codes do not explicitly address roadway easements, this memo will change the policy on how to treat roadway easements. The policy will be as follows: • For purposes of determining the minimum lot size for compliance with the zoning code, exclude the roadway easement. The final plat map should show the lot size with and without the easement area. • In order for a lot to "abut" a private street, the roadway easement shall create a street frontage to create a front yard rather than a side yard. • The easement boundary shall create a "front property line" and the front yard setback shall be measured from the easement boundary rather than the lot line. In short, a roadway easement would be treated similar to a roadway lot for purposes of determining the minimum lot size and yard requirements. This policy shall apply to new subdivisions that have not yet received tentative approval and to new building permits effective as of the date of this memo. RRT:pak P:AStaffinemas~2003~2003030.doc ~ Zoning Code definition of "lot" and "lot line": "'Lot' means a building site or a parcel of land shown as a unit on an approved subdivision map, or a survey map." "'Lot line' means any boundary of a building site or property line ° Zoning Code §25-3-8(b): "Whenever a future width line is established on the zoning map, the ftrture width line shall be considered to be the tYont property line of the affected property...." §25-3-8(c): "Whenever plan lines for a fuhue street have been established on [he zoning map, the plan lines shall be considered [o be the front property line, and the area between the plan lines shall be deemed to be street right-of-way...." APPENDIX C State Historic Preservation Division "No Effect" Letter AE,~zN LINDA LINGLE ~ H y PETER T. YOUNG q CHAIRPERSON GOVERNOR OF HAWAII BOARD OF IAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON A~ DEPUTY DIRECTOR-LAND ¢c o`~Rd and,y""i ~'p,~~~r~p'~ ERNEST Y.W. LAU DEPUTY DIRECTOR-WATER . ~ BOATING AND OCEAN RECREATION ~ STATE OF HAWAII BUREAU OF CONVEYANCES COMMISSION GN WATER RESOURCE MANAGEMENT DEPARTMENT OF LAND AND NATURAL RESOURCES co"sEav"iEOrMi mvo RESOURCES Se oa°cEMENT ENGINEERING cram orHrrla~` HISTORIC PRESERVATION DIVISION FoRESrav AND wuouFE KAKUHIHEWA BUILDING, ROOM 555 HISTORIC PRESERVATION KAHOOIAW E ISLAND RESERVE COMMISSION April 28, 2004 601 KAMOKILA BOULEVARD LAND STATE PgRNS KAPOLEI, HAWAII 96707 HAWAII HISTORIC PRESERVA"PION LOG NO.: 2004.1187 DIVISION REVIEW DOC NO.: 0404JK53 Applicant/Agency: SSFM International Address: 74-5620 Palani Road, Suite A218 Kailua-Kona, HI 96740 Atten: Pamela L. Harlow Project: Chapter 6F-42 Review (County) Change of Zone Application Request for "No Effect" Letter, Pamahoa Estates Subdivision Agricultural (A-Ia)to Single-Family(RS-15) Owner: Ho'awe, LLC Location: Kealakehe Homesteads, North Kona, Hawaii Island Tax Map Key: (3) 7-4-004: 080 to 083 1. We believe there are no historic properties present because: a. intensive cultivation has altered the land _ b. residential development /urbanization has altered the land X c. previous grubbing/grading has altered land _d. an acceptable archaeological assessment or inventory survey found no historic properties e. other: 2. This project has already gone through the historic preservation review process. _ a- mitigation has been completed b. other: X Thus, we believe that "no historic properties will be affected by this undertaking, Signe ~ °2~z- " I-'"' ~ _ Date _ /~,Ieanne M. Knapp i~i~ Department of Land and Natural Resources APPENDIX D Department of Water Supply Letters CI W4IFf Ott l~eq 19 10 ®EPARTIVIE~IT t~F iNATER SUPPLY a, G®UPVTY OF HAVI/A9`I aGy~i ~l pp Wplp ~pa~ 345 KEK DANAb'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 9fi7-8050 FAX (808) 961-8657 March 22, 2004 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: OHANA IIWELLING PERMIT APPLICATION (OHD 20D3-016) APPLICANT -FLORENCE G. WARD PACK TAX MAP KEY 7-4-004:088 Please be informed that the Department has met with Mr. Thomas and Ms. Geri Pack regarding previous applications for Ohana Dwelling Permits and future rezoning for four parcels within their subdivision. As a result, the Department has agreed to provide one unit of water to this parcel for the aforementioned application. A second 5/8-inch meter should be installed for the detached second dwelling unit. Water is available from the 6-inch waterline in Roadway Easement "R", which fronts the subject parcel. Therefore, the Department has no objections to the proposed application subject [o the applicant understanding and accepting the following conditions: l . Installation, by the Department of Water Supply, of a second 1-inch service lateral to service a 5/8-inch meter, which shall be restricted to a maximum daily flow of 600 gallons. 2. Remittance of the following charges, which are subject to change, to our Customer Service Section: a. Facilities Charge (One 2nd service at $5,500.00 each) $5,500.00 b. Capital Assessment Fee 500.00 c. Service Lateral Installation Charge (Install one meter on Roadway Easement "R", a County road) 2,600.00 Total (Subject to Change) $8,600.00 Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 96]-8070, extension 252. Sincerely yours, ilton D. Pavao, P.E. Manager SHK:dig copy - Ms. Florence G. Ward Pack DWS Customer Service Sections (Hilo and Kona) az`er^ r~e^er2~C:~ ~ro~re:s~... i ha Capes imenl ul 'vJater Supply is an equal Opportunity provider and employer To itla a complaint of discrimmabon, wore' USDA, Director, O%me of GvJ Rights, Room 326-W, Whitten Bulltlmg, 14th and Independence Avenue, SW, Washington DC 20250-9410. Orcall (202) 720-5964 (voce and TDDI UI WAlF* a~ f°e c~ 19 Ip o~y a DEPARTMENT t7F WATER Sl1PPLY t'.oUIVTY t7F HAWAII i e ~OF HAWpA'~ 345 KEKOA NA O'A STREET, SUITE 20 HILO, HAW AI'I 96720 TELEPHONE (808) 961-8050 FAX (808) 961-8657 March 22, 2004 Mr. Thomas and Ms. Geri Pack 72-41 16 Awalua Place Kailua-Kona, HI 96740 WATER AVAILABILITY TAX MAP KEY 7-4-004:080, 081, 082, AND 083 We are returning Check No. 1055 of $600.00 for a water commitment deposit for the aforementioned parcels. As you have indicated that you will be submitting rezoning applications for these parcels, we will then request for the water commitment deposit at that time. Should there be any questions, please contact Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, ~ lto D. Pavao, P.E. anag r SHK:dfg Enc. ~V~ ~.Cer' ~PG4t ~ yrroc~v~e_1:,... The Dnpartmonl of Water Supply is an F~ - I Opp~~~ri i., ~ tl~r a^^_ I _Joc ~o LL. cc , ~s.:rii r.aCo S^,l.', eC- .I r,,,J HiGhts, Hoom 32G-W, Wnntan flnJtl~ng, 14th and In~iep Jenne elv~n SN/. Washln9mn Dr 20250-9h10 Ore It ^021 12v-E ll 1 ( ~~oe end I DC~I The Subdivision o , Parcel 15 into Lots 1-15 ion of Royal Patent Grant 3761 -loopala and Pamahoa ~rtion of Lot 15 of the she Homestead Lots (Map Ill Kona, Island of Hawano Newell TMKo (3) 7-4-~J4o15 Prepared for: Thomas & Gars Pack 73-1529 La'akeo Street Katlua Kona, Hawaii 9674N (Q0B1325-2216 ~l w/'.~ SUBDIVISION NUMBER v Prepared b t~ : APPROVED FOR RECORDATION with the Duraau or Conveyances, Stale of Hawail The undersigned hereby certiflea to the best of h(s protaesionotknawledge, A information and belief, that this map and -~`-~a the survey on whtcli (t Is based correctly shows lho boundary fines and major Plannii f irector, County of Hawyail ~ provemant upon the property. AUG 2 ~ 2~~J c„ Date: J Donald C. McIntosh, L.P.LS. PLANNING DEPARTMENT ~7 COUNTY QF HAWAII Job• 332ti02 $U3; ~ ~ Drawings pamahoo4.sub ~ti~ Date 09/06/02 `~r'vl ~('(',~~1: ~ZG,- 3 ` ~ ~REV,~ Revised 0;7/01/03 (;ECEIVCD: 0 " I -4?'.~ Revised 05/25/03 Revised 07/30/03 _ y. ....:.s!~za-axe<s;aW ~s~rr~a.....^r~°.~ > d / ~ 4 / + / O ~ o app SZJ J , ~ 1 ~ Q' N 0 ~ zJ O J \ O~ k i ~ \ ` pp'0 ~ a o / i •tpL o \ i L o \ o c in Q /i `~'p£gF,tZ \b h i \ ~ \ 0~ o ~ / Sb / ~ ~ 6 ~y3'3~ 3 0 L ~p i I ~ 4 _ / ti ~ a N M~ ~ti~ ~yo° ~ ~ o oN / / nn \ ~ N/ L O •,9~agJ~b ° / ~ ~ , o ~ ~ ~ ~ ~ ~ N ` i 7 'id OZ •'~I L ~3T/~5 ti P ~ H1aoN 3nai O + ~ I~ ~ ~ o 0 h• O N ~ -o ~ p ~ J o ~ ~ =p + 'N O r M J O r N -rT^. 11 _ s:., 40J,y4tl Of y!S/yq' r ~ ~ ~ Ctuistopher J. ~'uen t-tardy I~1R7 Director /~(gyOr JJ~~: N~_rof :4 'rf o,•Hi"' Roy R. Takemoto Deputy Direcror ~llix~~~r a~ ttfir~it PT ANNING DEPARTMENT 25 Aupimi Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (608) 961-8742 November 14, 2002 Mr. and Mrs. Thomas W. Pack 72-4116 Awalua Place Kailua-Kona, HI 96740 Dear Mr. and Mrs. Pack: VARIANCE PERMIT NO. 1339 WH (VAR 02-059) Applicants: THOMAS W. PACK, ET AL. Owners: THOMAS W. PACK, ET AL. Request: Variance from Chapter 23, Subdivisions, Private Roadway Improvements- Tentative Subdivision Conditions- November 6, 2001 Tax Map Key' 7-4-004:015 (SUB 01-0072) After reviewing your variance application, the Planning Director certifies the approval of your variance request subject to conditions. The subject variance request is to allow a subdivision of the existing TMK property into fifteen (15) lots and allow subdivision improvements which inchtde nondedicable access and roadway improvements in lieu of dedicable roadway requirements pursuant to the conditions of tentative subdivision approval dated November 6, 2001. The variance request is fiom the subdivision roadway requirements pursuant to the Hawaii County Code, Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-86, Requirements for dedicable streets. BACKGROUND 1. Location. The subject property, Lot 15 consisting of 15.4 acres Kealakehe Homestead Lots (Map l 1), being a portion of R. P. Grant 3761, and sihtated at Kealakehe Homestead l s`, North Kona, Hawaii. The property has frontage along Palau) Road Right-ot=Way. EX IBM1~ Nlr. and Mrs. Thomas W. Pack Page 2 November 14, 2002 2. Zoning. The subject property is zoned Agricultural (A-1 a) by the County and designated Agriculture ("A") by the State Land Use Commission (LUC). Property zoned A-la means an agricultural district (A) with a minimum building site area of one acre (1 a). 3. Subdivision Request/PPM. The applicants and owners submitted a subdivision application (SUB 01-0072) in 2001. The subdivision application's preliminary plat map (PPM), dated June 10, 2001 was issued tentative subdivision approval on or about November 6, 2001 subject to conditions 4. Variance Application. Access to the proposed 15-lot subdivision is via Palani Road. The applicants and owners submitted the subject variance request and variance application on or about August 15, 2002. 5. Aeency Comments and Requirements (VAR 02-059): a. The State Department of Health (DOH) memorandum, dated August 27, 2002, states: "The Health Department found no environmental health concerns with regulatory implications in the submittals." b. The County of Hawaii Fire Department (HCFD) memorandum dated August 28, 2002. (Refer to memorandum in variance file). c. The Department of Public Works (DPW) memorandum dated September 16, 2002, states: "The applicant is seeking relief from the requirement to provide paved shoulders and swales. Preliminary construction plans and/or the subject application indicate the intention is to collect storm water in the center of the traveled way and grass the roadsides. We have no objections to the subject variance request with the following conditions: 1. All stoiYn drainage generated by the development shall be disposed of on-site in a manner meeting with the approval of the DPW in accordance with the Stomp Drainage Standards. Mr. and Mrs. Thomas W. Pacl< Pagc 3 November 14, 2002 2. The County will not be responsible for any damages resulting from the variance. 3. The subdivision road traveled-way pavement section shall be constructed in accordance with Hawaii County Code Section 23- 86. 4. The road shall comply with Hawaii County Code Section 23-41 and be improved with stabilized shoulders to the right-of--way or easement width exclusive of cut and fill slopes. 5. Provide 4 foot paved shoulders at the entry. 6. No entry gate shall be installed on the subdivision road within 40 feet of the present or future Palani Road right-of--way. 7. The subdivision road shall not be considered for dedication to the County unless improved to meet County Standards. If you have any questions, please call Kiran Emler at our Kona office, 327- 3530." 6. Notice to Surrounding Owners. The applicant submitted a list of property owners within 300 feet of the subject property with the variance application and proof of mailing a notice of the variance request and application to the surrounding property owners. It appears that 2-separate notices about the variance request and subject application were mailed. According to the certificate of mailing(s) received, it appears that these notices were mailed on or about May 21, 2002 and August 26, 2002, respectively, by the applicants. 7. Comments from Surrounding Property Owners or Public. No further comments to the subject variance application were received from the agencies. The following support letter, objection letters, and other correspondence were received: a. Support letter received from Ronald A. Brown dated August 31, 2002. h. Objection letter received From Jason and Terry Meechan dated September 4, 2002. Mr. and Mrs. Thomas W. Pack Page 4 November 14, 2002 c. Objection letter from tha Kona Traffic Safety Committee was received on September 16, 2002. cl. Copy of response letter by the applicant-Thomas Pack PE addressed to the Kona Traffic Safety Committee was received on September 30, 2002. SPECIAL AND UNUSUAL CIRCUMSTANCES In considering the owner's background information, existing site conditions, and agency comments and requirements, the Planning Director has determined that there are special and unusual circumstances applying to the subject property or development which deprive the applicants/owners of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of the subject property. ALTERNATIVES The decision alternatives include the following: 1. Improve the roadways within the proposed access and roadway easements with the dedicable roadway or roadway standards required by DPW and tentative subdivision approval. (Refer to the applicant's variance background and detailed written explanation). 2. Install nondedicable or alternative private subdivision and roadway improvements. This is the selected alternative. The proposed private roadways for the proposed 15-lot subdivision will he superior to some older private subdivision roadways within the immediate area or region. Drainage concerns or improvements within the existing easements and within proposed subdivision development will be addressed by the applicants-subdividers and installed. Any necessary signage at the intersection between the easement and Palani Road will be installed by the subdivider or installed pursuant to any DPW requirements. Road maintenance to the proposed easements and roadways within the subdivision will be privately addressed and shared among the proposed lot owners. Mr. and Nlrs. Thomas W. Paclc Page 5 November 14, 2002 INTENT AND PURPOSE OF THE SUBDIVISION CODE The intent and purpose of access requirements to a proposed subdivision is to ensure legal and physical access to the proposed lots that is clearly defined and accessible from a public road by domestic and farm vehicles, police, fire, and other service vehicles under various weather conditions without constant maintenance. The applicant is requesting a variance to allow the private access and roadway improvements in lieu of dedicable roadway improvements stipulated by the DPW memorandums and conditions of tentative subdivision dated November 6, 2001 pursuant to the requirements of Chapter 23, Subdivisions. The surrounding land patterns and lot sizes are agricultural and residential. Existing public access to the property and neighborhood are appropriate for current zoning of the area and the intentions by the subdivider to maintain low intensity agricultural sized lots. Therefore, based on the representations made by the applicants and evaluation of the current traffic patterns, the applicant's alternative access and private roadway improvements to and within the subdivision, the Planning Director has concluded that the DPW roadway requirements and tentative subdivision approval conditions dated November 6, 2001 should be revised and modified to allow the proposed 15-lot subdivision development. DETERMINATION-VARIANCE CONDITIONS Based on the foregoing findings, this variance request would be consistent with the general purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code and the County General Plan. Furthermore, the variance requested will not be materially detrimental to the public's welfare and will not cause substantial adverse impact to the area's character and to adjoining properties. The subject variance application was acknowledged by letter dated August 20, 2002. Additional time to consider agency comments, consider comments received, and consider similar other variance applications was necessary. The applicants agreed to extend the decision dated to November 15, 2002, whereupon, on or before said decision date, the Planning Director shall render a decision on the subject variance. The variance requested to allow a proposed ] 5-lot subdivision without providing the dedicable roadway improvements stipulated by the DPW memorandums to allow the proposed 15-lot subdivision shall be modified and subject to the following variance conditions: 1. The subdivider, owners, their assigns, or successors shall be responsible for complying with all stated conditions of this variance. Mr. and Mrs. Thomas W. Pacl< Page 6 November 14, 2002 2. The subdivider, owners, their assigns, or successors understand that the 15-lots arising out of SUB 01-0072 will use and maintain the proposed roadway access easements "R", paved roadways, and grassed roadway shoulders to and within the subject TMK property on their own without any expectation of governmental assistance to maintain the access easements or any other access and non dedicable roadway improvements within the subdivision. 3. The applicants or owners shall submit water system plans and revised subdivision construction plans for the alternative roadway or nondedicable roadway improvements and specifications for approval by the affected agencies. The location of any private entry or security gate within Easement R shall meet with the requirements of the DPW or located at least sixty (60) feet from the property's common boundary line shared with the Palani Road right-of--way. The applicants or owners shall construct the approved subdivision improvements (or bond) such improvements pursuant to tentative subdivision approval or final subdivision approval. 4. The applicants, owners, their assigns, or successors shall file a written agreement or approved written document with the Planning Department within one (1) year from the issuance of revised tentative subdivision approval and prior to receipt of final subdivision approval of SUB 01-0072. This agreement shall contain the following deed language, being covenants, conditions, and restrictions, which affect the entire property and/or proposed lots arising from the approval of the subject pending subdivision application and be duly recorded at the Bureau of Conveyances of the State of Hawaii by the Planning Department at the cost and expense of the applicant: a. The applicant and/ or owners shall indemnify and defend the State of Hawaii or County of Hawaii from any and all liability arising out of vehicular access to and from the subject property utilizing the private roadway easements within the existing TMK property designated on the subdivision application's (SUB 01-0072) final plat map. b. Upon written demand of the County of Hawaii, Che applicant and /or owners, their assigns, or successors shall agree to participate and pay their fair share percentage of any improvement district adopted for the purpose of roadway improvements to the Road and Utility Easements serving the proposed lot(s) arising out of SLJB 01-0072 or/and Palani Road or other adjoining public roads or rights-of--way. Mr. and Mrs. Thomas W. Paclc Page 7 November 14, 3002 Should the improvement district require acquisition ofrights-of--way within the lots arising out of SUB 01-0072, such rights-of--way shall be dedicated to the County without cost and the value of the dedication credited to the fair share contribution of the lot owner. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. c. Each lot created by SUB 01-0072 shall have no more than one dwelling. No ohana dwelling or "additional farm dwelling" or second farm dwellings shall be permitted on any lot created by SUB 01-0072. The subject property or any of the proposed 15-lots created by the proposed subdivision may not be made subject to a condominium property regime. d. The owners understand that the lots created by SUB 01-0072 have been approved with this road variance, and that they will use and maintain the privately owned access roads to and within their property, water system, and drainage improvements on their own without any expectation of governmental assistance, including any road improvements within all parts of the Road Easement "R" up to the intersection between the subdivision and Palani Road right-of--way. e. The owners agree to participate in any road maintenance agreement agreed to among the majority of easement holders for the applicable access easement(s) serving their lot. Said maintenance shall include, without limitation, timely repair of the private roadway and/or tilling of any and all rutted areas and "potholes", mowing of the grassed roadway shoulders within Road Easement "R" to ensure that existing drainage patterns are maintained and any soil runoff within and along parts of Easement "R" do not affect the proposed lots, surrounding property or immediate areas. Mr. and Mrs. Thomas W. Pack Page 8 November 14, 2002 f. In the event that there are any amendments or changes to the subdivision after the agreement is signed, the applicant shall be responsible for informing the County Planning Department of such amendments or changes so that the agreement can be amended concomitantly. Further, the written or recorded agreement shall be binding upon the owner(s), their successors or assigns and shall be incorporated as an exhibit and made part of each agreement of sale, deed, lease, or similar documents affecting the tit]e or ownership of the existing property or approved subdivided lots. 4. The owners, their assigns or successors shall pay any outstanding real property taxes due and comply with all other applicable State and County rules and regulations pertaining to subdivisions, tentative subdivision approval conditions, approved subdivision construction plans, variance conditions, and land use. Should any of the foregoing stated conditions not be complied with, the Planning Director may proceed to declare this Variance Permit null and void. Thank you for your understanding and patience during our review. Sincerely, CHRISTOPHER J~~'UEN Planning Director WRY:cps VACOh02\publid W P60A W RY~FORMLET'IAV ARAPFS U BTMK74004015. PACK xc: DPW-Engineering Branch D W S-Engineering Branch SUB 01-0072 Plamring Dept.-Kona Jason and Terry Mecchan Kona Traffic Committee THOMAS W. PACK, PE 72-4116 Awalua Place Kailua-Kona, HI 96740 808-325-2216 ~4iuk ~ r fie ~"h Z 1 5-• 's°~. r.. , c_ h. ~ crn~r3~w or• 4lkl'r~<UI °~?~PJtVIN~ tt~C`S. November 21, 2002 Christopher J. Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 Rr. VARIANCE PERMIT NO. 1339 WH (VAR 02-059) Subdivision Number: 2001-0072 Kealakehe Homesteads, North Kona, HI T.M.K.:(3) 7-4-04:15 We acknowledge receipt of the above referenced variance. This letter is to follow-up on my conversation with Mr. Roy Takemoto yesterday regarding the variance condition 4.c. whereby no ohana dwelling shall be permitted on any lot created by SUB 01-0072. We are asking for your reconsideration and for the deletion of this condition which we suspect was inadvertently included. We feet that a variance from the Subdivision Control Code is neither intended nor appropriate to be used as a mechanism to reduce entitlements permitted under the County Zoning and State Land Use laws. H~ additional information is needed, please contact Thomas W. Pack, P.E. at 325-2216. Sincerely, Thomas W. Pack, P.E. THOMAS W. PACK, PE 72-4116 Awalua Place Kailua-Kona, HI 969?10 ~ I' i r; "i1 1 ? 5 808-325-2216 - -.;I _ December 15, 2002 Christopher J. Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilu, iiI 96720 RE: VARIANCE PERMIT NO. 1339 WH (VAR 02-059) Applicants: THOMAS W. PACK, ET AL Tax Map Key 7-4-004:015 (SUB 01-0072) Dear Mr. Yuen: We are unable to comply with the stated conditions of the above referenced Variance Permit and request that you declare the Variance Permit null and void. If additional information is needed, please contact the Project Engineer, Thomas Pack, PE directly at 325-2216. Thank you for your assistance with this matter. Sincerely, f Y~ Thomas W . Pack Hany Klm ~ Christopher J. Yuen ,ya~~r D(recn¢ s'•.. 1 J,jt Oi~NP*P Roy R. Takemoto DzpuN Dirrnnr zx11Yt~~1 ~~d2}iti PLANPdINO bEPAI2TMENT 101 Pauahi Street, Suife 3 Hilo, Hawaii 96720-3043 (808)961-8288 • Pax(808)961-8742 April 8, 2003 Mr. and Mrs. Thomas W. Pack 72-4116 Awalua Place Kailua-Kona, HI 96740 Dear Mr. and Mrs. Pack: VARIANCE PERMIT NO. 1339 WH (VAR 02-059) Applicants: THOMAS W. PACK, ET AL. Owners: THOMAS W. PACK, ET AL. Request: Verbal Request and Letter-12/15/2002 Tax Man Key: 7-4-004:015 (SUB 01-0072) Pursuant to your recent request and letter dated December 15, 2002, Variance Permit (VAR NO. 1339) dated November 14, 2002 is withdrawn and declared null and void. For the record, the subject TMK property, containing approximately 15.4 acres is zoned Agricultural A-la by the County and designated Urban "U" by the State Land Use Commission. Should you have any questions please contact our Hilo office at telephone (808) 961-8288. Sincerely, C~- CHRISTOP Planning Director WRY:pak P~WP60AWRY\FORMLE"fi1VARAPPSUCiTMK74004015 PACKI ,~m~, ~~.a a IV1r. and Mrs. Thomas W. Pack Page 3 Apri18, 2003 xc: DPW-Engineering Branch UWS-Engineering Branch SUB 01-0072 Planning Dept.-Kona Jason and Terry Meechan Kona Traffic Committee DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII - ' DATE:JuIy 30, 2004 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chiefr~ Engineering Division SUBJECT Change of Zone Application (REZ 04-018) Applicant: Ho'awe, LLC Location: N. Kona, HI TMK: 3 / 7-4-004: 080, 081, 082, 083 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be submitted prior to issuance of a grading permit, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 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. Pamahoa Place, fronting the subject property, is a private road. It has an approximate 20-ft. wide pavement (in good condition), with paved shoulders and swales, all within an approximate 50-ft. right-of-way. EX ~~IT Memorandum to PD-REZ 04-018 July 30, 2004 Page 2 of 2 2. Roadway connections to adjoining parcels should be provided meeting with the approval of DPW. These roadways should be dedicated to the County or be open to public traffic. An extension of Pamahoa Place has potential as a future connector roadway from Kealakaa Street to Palani Road. Other connector roads and potential connectors, Uluaoa Street and Hao Kuni Street have sight distance and grade deficiencies. The potential for the connection should be considered. The applicant should be required to construct the extension of Pamahoa Place to the western property line on an alignment meeting with the Planning Director in consultation with the DPW. Such extension of Pamohoa Place should be constructed to dedicable standards and dedicated to the County upon request. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. 3. Palani Road, the County road serving Pamahoa Place, is a primary arterial road. It has an 18-20-ft. wide pavement within a variable right-of-way width (approximately 40-ft. wide in the vicinity of Pamahoa Place). It is substandard based on width, alignment and roadside hazard clearances. Palani Road, should be improved to an 80-ft. right-of-way according to the County's General Plan. Average daily volume was 15450 vehicles per day in 2002. This would be identified as a deficient link based on daily volume under criteria established in the 1998 Hawaii Long Range Transportation Plan. 4. Any vehicular security gate shall be set back a minimum of 60 feet from the existing right-of-way line of Palani Road. 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 an Equal Opportunity Provider and Employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII h ~ 1 , 1_% DATE: August 9, 2004 I Memos©ndum - TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief~'1 ~ Engineering Division C~t/ SUBJECT Change of Zone Application (REZ 04-018) Applicant: Ho'awe, LLC Location: N. Kona, HI TMK: 3 / 7-4-004: 080, 081, 082, 083 We reviewed the subject application and our revised comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be submitted prior to issuance of a grading permit, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 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. ROAD WA YS 1. Pamahoa Place, fronting the subject property, is a private road. It has an approximate 20-ft. wide pavement (in good condition), with paved shoulders and swales, all within an approximate 50-ft. right-of-way. Memorandum to PD-REZ 04-018 August 9, 2004 Page 2 of 2 2. Roadway connections to adjoining parcels should be provided meeting with the approval of DPW. These roadways should be dedicated to the County or be open to public traffic. An extension of Pamahoa Place has potential as a future connector roadway from Kealakaa Street to Palani Road. Other connector roads and potential connectors, Uluaoa Street and Hao Kuni Street have sight distance and grade deficiencies. The potential for the connection should be considered. The applicant should be required to construct the extension of Pamahoa Place to the western property line on an alignment meeting with the Planning Director in consultation with the DPW. Such extension of Pamohoa Place should be constructed to dedicable standards and dedicated to the County upon request. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. 3. Palani Road, the County road serving Pamahoa Place, is a primary arterial road. It has an 18-20-ft. wide pavement within a variable right-of-way width (approximately 40-ft. wide in the vicinity of Pamahoa Place). It is substandard based on width, alignment and roadside hazard clearances. Palani Road, should be improved to an 80-ft. right-of-way according to the County's General Plan. Average daily volume was 15450 vehicles per day in 2002. This would be identified as a deficient link based on daily volume under criteria established in the 1998 Hawaii Long Range Transportation Plan. 4. Any vehicular security gate shall be set back a minimum of 60 feet from the existing right-of-way line of Palani Road. PRELIMINARY SUBDIVISION LAYOUT 1. The access "flag poles" shown on Figure 2 for the proposed lots do not appear to meet 15-foot minimum width required by Hawaii County Code Section 25-4-14. 2. The proposed number of lots taking access from Pamahoa Place will exceed the 18-lot maximum allowed under Hawaii County Code Section 23-48. There are presently 15 lots taking access from Pamahoa Place. 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 an Equal Opportunity Provider and Employer ~:p~N" Y' 4`4~ O 19 09 °o~ ~a Cs r 1 G 8 0 t'i't c ~ J ~ h iP~ 7 J i~ > J s) J7~ fC~ 'LJ ~4~ 7 l~ 1 J r' d l h1 "9!0 (_d`, ~ ` N,~O~RA W\,\4~~ 3 ~ , Xe6U: N 6 ? uTf t i, 6U1 ~t "eG 11LQ HblWtdl 196720 'I"t i_cPHOht (608) -96i-9050 ~ hA7t (8 QS)~~q%It6;667r1 r~nl ~ I ~ J August 2, 2004 f TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-018) REQUEST: A-lA TO RS-15 APPLICANT - HO`AWE LLC TAX MAP KEY 7-4-004:080, 081, 082, AND 083 We have reviewed the proposed Change of Zone application and have the following comments. Based on the prevailing water situation in the area, water can be made available from the 6-inch waterline located within the existing roadway and utility easement along Pamahoa Place fronting the subject properties. Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on the four additional lots that are requested in the proposed Change of Zone Application, the required water commitment deposit is $600.00. Remitt~rnce of $600.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Upon issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. For the applicant's information, should the subject change of zone be approved and a subdivision 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 service laterals that will accommodate a 5/8-inch meter to each ]ot. ~ f Submit installation plans prepared by a professional engineer, registered in the State of Ha,w review and approval. I c~!c~r i i,,ca.1 ~~,~„ss j)~ ~r~~~. i ~c. .ep., ctor ..u ,r , s..~~ : r, .,var. ~ .r i.i., a~:~ _ .,y r--;o I .,n amt -eLr ~i Flights. Poom 3~6 /1. VV nt en 2utldiny ~4 rh and InJep- a.-~ca Pve r e. S`N. .VasP n~]ton GC Lf 2..J 04r J G~ i I ( i ) r1 ~:.h r l , , . en~ l I DUJ Mr. Christopher J. Yuen, Planning Director Page 2 August 2, 2004 2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to change, totaling $23,400.00, as calculated below. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approva] being granted. FACILITIES CHARGE (FC): Four additional services (cr) $5,500.00 each +22.000.00 SUBTOTAL $22,000.00 CAPITAL ASSESSMENT FEE (CAF): Four additional services in North Kona na, $500.00 each $ 2,000 00 TOTAL (SUBJECT TO CHANGE) $24,000.00 For your information, the total facilities charge requirement, which is subject to change, is $22,000.00. 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 $21,400.00. 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, Milton D. Pavao, P.E. Manager SHK:dfg copy - Ho`awe LLC SSFM International. Inc. W 4IEM V~ ~G< ~9W J9 6 ~c ~ ~ ~~~~~~dUt ~~r~~ " GOIY f~T~' ~~~~~i`1 ~~~oE xnWG~~.`ta 345 {iEKUANh O'A S7REE7, SUITE 20 ~ HIL6, HAW AI'I 9fi720 ~i ELe'rIIOPJE (60fl) 9616050 ~ FAX (606) 9ti'I-8657 August 25, 2004 ~ ~ ~ " n 1 ~ 1 r Mr. Thomas Pack, P.I;. Ho`awe LLC 75-5629 Kuakini Highway, Suite R-489 Kailua-Kona, HI 96740 WATER COMMITMENT DEPOSIT CHANGE OF ZONE APPLICATION (REZ 04-018) TAX MAP KEY 7-4-004:080, 081, 082, AND 083 This is to acknowledge receipt of the required $600.00 water commitment deposit for the subject application. Receipt No. 241498 is enclosed for your ftles. In accordance with Rule 5 of the Department's Rules and Regulations, a water commitment time extension for the proposed development for four additional units of water at an average day of 400 gallons per day, per unit, is hereby granted until August 31, 2007, with the following conditions: 1. Construct necessary water system improvements, which shall include, bait not be limited to, installation of service laterals that will accommodate a 5/8-inch meter to each lot. Submit construction plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge balance and capital assessment fee, which are subject to change, of $21,400.00 and $2,000.00, respectively, and calculated as shown below. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. FACILITIES CIIARGE Dour additional services ~ $5 500._00 each +22,000.00 SUBTO"fAL $22,000.00 CAPI"I~AL ASSESSMEN"f FL~:E Four additional services in North Kona (cry $500.00 each $ 2,000.00 ~ ~ , s~ l'O"CAL (SUBJECT TO CHANGE) $24,000.00 O~[°+~~=-a" i ~I~i.,~ 1,~„~~~ ~„.i,f,,<.~~ ~.O~paimim lof 5upl.'y is ai~tyi,al G~q nrdi olyp lei on~~~~~nploye~ to bleac~~mpreinl of dish ~i~nahvin ~nie I,SUA Dur '.i i]itm.e o'Cici~ Po ln:a I i i VdP,t nBi~n:~.ihy.' Ih i Ln.4~~s i. -a~, ~_~,u 5W, Wz:hirr~(c I i._-{, 91 t0 iJ~ ca6i u 1 ?0-Siodl '::=ar.i iUla Mr. "('homas Pack, P.E. Page 2 August 25, 2004 For your information, the total facilities charge requirement, which is subject to change, is $22,000.00. 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 $21,400.00. 3. Comply with all other applicable policies and requirements of the Departments 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 contact Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, ilton ll. Pavao, P.E. Manager SHK:dfg Enc. copy - (w/o enc.j Planning Department (w/o enc.) SSFM International, Inc. ,x~Y a! yqw VOA'" it. Harry Kim " Darryl J. Oliveira Mayor ~ Fire CAief ~ ~ Desmond K. Wert' • oi'x> ~ ~ Deputy Fme CGief ~7 ~Countp of ~aka~i`i FIRE DEPARTMENT 25 Aupnni S[ree[ o Sui[e 103 ~ Hilo, Hawaii 96720 (808) 961-8297 • Fax (808) 961-8296 July 19, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT CHANGE OF ZONE APPLICATION (REZ 04-018) APPLICANT: HO'AWE LLC REQUEST: AGRICULTURAL (A-1a) TO SINGLE FAMILY RESIDENTIAL (RS-15) TAX MAP KEY: 7-4-4:80, 81, 82, 83 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section 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 countyjurisdiction. jj~~ CPU coy = ~Nqn P y~ l lnum(~ C'oue h/ ~s mi (~qu,J Upparhuuly Proni,(er mid 6myloyer. , Christopher J. Yuen, Planning Director Page 2 July 19, 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. 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. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(I) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207." ARR~LIVEIRA Fire Chief NA:Ik ~E OF H~~ 9 ~1~~~B.' ~i LINDA LINGLE !`,y/~ CHIYOME L. FV NINO, M.D. ROVERNOR -II ' ^ L OIREO FOR OF HEALTH sm O~ 1» +e.e.a.~~ STATE OF HAWAII t-. " ~ ~ DEPARTMENT OF HEALTH ' ' a.o. eox s1 s ~ ~ ~ - ~I HILO, HAWAII 96721-0916 M1MOIZAND[1M DACE: July 21, 2004 I'O: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program Chief SUBJECT: Change of Zoue Application (REZ 04-018) Applicant: Ho'awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) fMK: 7-4-4:80, 81, 82, 83 Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, llawaii State Department of Health Administrative Rules, Title 11, "Underground hrjection Control." The applicant should contact the Army Corps of Engineers (COE) to identify whether a Federal permit (including a Department of Army (DA) permit) is required for this project. A Section 401 Water Quality Certification (WQC) is required for "Any applicant for Federal license or pencil to conduct any activity including, but not limited to, the cuuslruclion or operation of facilities, which may result in any discharge into the navigable waters...," pursuant to Section 401(a)(1) ofthe Federal Water Pollution Act (commonly known as the "Clean Water Act (CW)"). If the project involves the following activities with discharges into State waters, an NPDES general permit is required Cor each activity: a. llischarge of storm water rwroff associated with construction activities, including clearing, grading, and excavation that result in the disturbance of equal to or greater than five (5) acres oCtotal land area; b. Construction dewateriug efIlucnt; Q.~aE'a~~~~ Christopher J. Yuen Planning Director, County of Hawaii July 21, 2004 Page 2 c. Non-contact cooling wales; d. Hydrotesting water; and e. Treated contaminated groundwater from underground storage tank remedial activity. 1'he application for NPDES general permit coverage should be submitted to the Director at least 30 days prior to discharge to State waters. If there is any type of process wastewater discharge from the facility into State waters, the applicant may be required to apply for an Individual NPDES permit. The application for an Individual NPDES permit should be submitted to the Director at least 180 days prior to the discharge of process wastewater to State waters. Should you have any further questions regarding this matter, please contact the Engineering Section of the Clean Water Branch in Honolulu at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. c. "I'he conh~actor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. WOILU REZ 04-018rtl i 2 E..~.^F M9 FP,... 1, ss\\°~ H,ii ~M 1141 LINOH LMGLE !i' ~f i GOVFgrvOq gl ~ CHIVOME L FUKINQ M.O. B°' EIRECTOq OF HEALTH 1 ^ r~~ 49.1 ©W~WaCID'.P .STATE OF HAWAII - "DEPARTMENTOFHEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: July 27, 2004 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 04-018) Applicant: Ho'awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Key: 7-4-4:80, 81, 82, 83 Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. c. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Army Corps of Engineers should be contacted at (808) 438-9258 to identify whether a Federal license or permit (including a Department of Army permit) is regrured for this Christopher J. Yuen Page 2 July 27, 2004 project. Pursuant to Section 401(a)(1) of the Federal Water Pollution Act (commonly known as the "Clean Water Act"), a Section 401 Water Quality Certification is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...." A National Pollutant Discharge Elimination System (NPDES) general permit coverage is required for the following activities: a. Storm water associated with industrial activities, as define in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(]4)(ix) and 122.26(b)(14)(xi); b. Construction activities, including clearing, grading, and excavations, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. c. Discharge of treated effluent from leaking underground storage tank remedial activities; d. Discharge of once through cooling water less than one (1) million gallons per day; e. .Discharge of hydrotesting water; f Discharge of construction dewatering effluent; g. Discharge of treated effluent from petroleum bulk stations and terminals; h. Discharge of treated effluent from well drilling activities; i. Discharge of treated effluent from recycled water distribution systems; j. Discharges of storm water from a small municipal separate storm sewer system; and k. Discharge of circulation water from decorative ponds or tanks. The Clean Water Branch (CWB) requires that a Notice of Intent (NOI) to be covered by a NPDES general permit for any of the above activities be submitted at least 30 days before the commencement of the respective activities. The NOI forms may be picked up at our office or downloaded from our website at httn://www.state.hi.us/doh/eh/cwb/forms/genl-index html The applicant may be required to apply for an individual NPDES permit if there is any type of activity in which wastewater is discharged from the project into State waters and/or coverage of the discharge(s) under the NPDES general permit(s) is not permissible. An application for the NPDES permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from website at http://www.state.hi.us/doh/eh/cwb/forms/indiv-index html. Christopher J. Yuen Page 3 July 27, 2004 Hawaii Administrative Rules, Section 11-55-38, also requires the owner to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD) or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. Please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. If you have any questions, please contact the C WB at 586-4309. WORD:REZ04-018.my , SSFM INTERNATIONAL, INC. ~ 74-5620 Palani Road, Suite A21 B Kailua-Kona, Hawaii 96740 Phone: (808) 326-4733 N T E R N A T I O N A L - _ r~- j Fax: (866) 887-8885 Project Managers, Planners, & Engineers American Council of Engineering Companies, Member August 25, 2004 ssFM 2ooa_o6o.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho `awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you for your transmittal of the Department of Education (DOE) comments dated July 30, 2004. We note that the DOE does not require a school fair-share condition on projects with less than 50 residential units. The DOE does not offer any other comments other than to state that it would be helpful to notify the schools in advance of brief periods of excessive noise or traffic detours caused by construction activities. Because the Applicant will likely sell the lots to other parties who will then build homes on them, it is not possible for the Applicant to commit to notifying the schools of periods of excessive noise or traffic detours. However, the Applicant will request that the new lot owners notify the schools accordingly. Furthermore, the new lot owners and their contractors will be required to comply with applicable noise and dust control regulations to minimize impacts to surrounding properties to the extent possible. Since the closest public schools -Kealakehe Elementary and Kealakehe Intermediate - are located approximately one-half mile away from the project site, short-term construction noise and dust impacts to these schools should be minimal Kealakehe High School, located approximately one mile away, will be even less affected by the project activities. Please do not hesitate to call the undersigned with questions about this letter. Sincerely, Pamela L. Harlow P I annex SSFM INTERNATIONAL, INC. 74-5620 Palani Road, Suite A218 Kailua-Kona, Hawaii 96740 Phone: (808)326-4733 N T E R N A 7 1 O N A- L ~ ~ •:7 Fax: (866) 887-8885 Project Managers, Planners, & Engineers - American Council of Engineering Companies, Member August 25, 2004 SSFM 2004_060.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you for your transmittal of the Department of Water Supply (DWS) comments dated August 2, 2004. In accordance with the DWS comments, the Applicant has remitted the $600 deposit necessary to secure the formal issuance of water commitments for the four proposed lots. Should the Change of Zone application be approved, the Applicant will comply with all the DWS requirements necessary to obtain final subdivision approval. Please do not hesitate to call the undersigned with questions about this letter. Sincerely, Pamela L. Harlow Planner SSFM INTERNATIONAL, INC. 74-5620 Palani Road, Suite A218 _ . Kailua-Kona, Hawaii 96740 Phone: (808) 326-4733 I N T E R N A T I O N A L ~ ' j " ~ Fax: (866) 887-8885 Project Managers, Planners, & Engineers Amerjcan Council of Engineering Companies, Member August 25, 2004 SSFM 2004_060.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you For your transmittal of the Department of Land and Natural Resources-Land Division comments dated July 29, 2004. Of the various divisions' responses represented in this letter, we note that Forestry and Wildlife, State Parks and the Hawaii District Land Office had no comments on the application. Regarding the response from the Engineering Division, we acknowledge the Chief Engineer's comment that the project site is located in Zone X according to the Flood Insurance Rate Map (FIRM). We further acknowledge that the reference on page 16 of the application under Item 3.2.4 is incorrect The reference to the applicable FIRM for the area (Community Panel Number 155166 07 L 1 C) is the FIRM Map Index dated April 2, 2004, and not FEMA 1988. Regarding the response from the Commission on Water Resource Management, the Applicant will coordinate with the Department of Water Supply to incorporate this project into the County's Water Use and Development plan if applicable. Based on the prevailing water situation in the area, the Department of Water Supply has determined that water can be made available for the project and the Applicant has deposited money with that agency for the issuance of the water commitments necessary to facilitate the project. Please do not hesitate to call the undersigned with questions about this letter. Sincerely, Pamela L. Harlow Planner SSFM INTERNATIONAL, INC. 74-5620 Palani Road, Suite A21 B ~ } Kailua-Kona, Hawaii 96740 N T E R NATIONAL ~ ~ ~ ~ ~ ? Phone: (808) 326-4733 Fax: (866) 887-8885 Project Managers, Planners, & Engineers American Council of Engineering Companies, Member Augusi 25, 2004 SSFM 2004_060.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you for your transmittal of the Department of Health comments dated July 27, 2004. In response to those comments, we offer the following information. The tour lots proposed by this application will likely be sold by the Applicant to other parties. As such, the new lot owners and their contractors will be required to comply with noise control regulations. Surface runoff on the project site will be controlled by storm drains and drywells as part of a County approved drainage system. The proposed development will comply with the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Applicant will comply with the regulations of the Army Corps of Engineers and applicable provisions of the Federal Water Pollution Act. As there are no streams or navigable waters in [he project area and the site is located approximately two miles from the shoreline, the project should not require a Section 401 Water Quality Certification. Grading activities on the project site will be limited to creating house pads and driveways. Furthermore, because of the project site's relatively flat topography, it is not likely that extensive grading or excavation will be necessary. As the proposed four lots will likely be sold to other parties before being improved with homes, the requirement for National Pollutant Discharge Elimination System (NPDES) general permit coverage should not be triggered. The proposed project will comply with the reyuirements of all applicable County, State and Federal regulations. SSFM 2004_060.000 I NTERNATIONA L Paget August 25, 2004 Change of Zone Application (REZ 04-018) Response to Department of Health Comments Please do not hesitate to call the undersigned with questions about this letter. Sincerely, G,v~.`'vc.ti Pamela L. Harlo ~ Planner , SSFM INTERNATIONAL, INC. ~ 74-5620 Palani Road, Suite A278 Kailua-Kona, Hawaii 9fi740 Phone: (808) 326-4733 N T E R N A T I O N A L r. , Fax: (866) 887-8885 Project Managers, Planners, & Engineers American Council of Engineering Companies, Member August 25, 2004 SSFM 2004_060.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai `i 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC RequesC: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you for your transmittal of the Fire Department comments dated July 19, 2004. The Applicant will comply with all UFC requirements regarding fire apparatus roads and water supply for fire-fighting purposes. The proposed project will be serviced by Pamahoa Place, a private 20-foot wide road with paved shoulders and swales within a 50-foot wide right-of-way. This road was built to County- dedicable standards in conjunction with the development of the existing Pamahoa Estates subdivision. As such, it provides sufficient width, vertical clearance, surface, turning radius, turnaround and grade to accommodate fire department vehicles. Fire protection for the proposed project will be provided by an existing fire hydrant along Pamahoa Place capable of supplying the required fire flow. Please do not hesitate to call the undersigned with questions about this letter. Sincerely, ~ ~ 7~~-'_~"_`r Pamela L. Harlow Planner „1 , SSFM INTERNATIONAL, INC. ~ 74-5620 Palani Ftoad, Suite A218 Kailua-Kona, Hawaii 96740 Phone: (808)326-4733 N T E R N A T I O N A L ~ ~ v Fax: (666) 887-8885 Project Managers, Planners, & Engineers American Council of Engineering Companies, Member August 25, 2004 SSFM 2004_060.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you for your transmittal of the Police Department comments dated July 15, 2004. We note that the Police Department has no comments on or objections to the proposed project at this time. Please do not hesitate to call the undersigned with questions about this letter. Sincerely, Pamel~o ~ Planner , SSFM INTERNATIONAL, INC. ~ 74-5620 Palani Road, Suite A218 Kailua-Kona, Hawaii 96740 - n'1 ~ ~ , Phone: (808) 326-4733 N T E R NATIONAL ~ _ _ Fax: (866) 887-8885 Project Managers, Planners, & Engineers - ~ American Council of Engineering Companies, Member August 25, 2004 SSFM 2004_060.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you for your transmittal of the Department of Environmental Management comments dated July 1, 2004. We note that the Wastewater Division has no comments on the proposed project. In regard to the Solid Waste Division comments, we offer the following information. In accordance with applicable regulations, contractors will be required to haul construction waste to the Pu`uanahulu Landfill. Although the proposed four lots will likely be developed by other parties, the Applicant will encourage the new owners to reuse aggregates and other construction/demolition waste to the fullest extent possible, participate in voluntary recycling efforts, and dispose of greenwaste at the Kealakehe Transfer Station drop site. The proposed lots will be of adequate size to accommodate individual homeowners' voluntary recycling efforts. Please do not hesitate to call the undersigned with questions about this letter. Sincerely, Pamela L. Harlow Planner SSFM INTERNATIONAL, INC. 74-5620 Palani Road, Suite A218 Kailua-Kona, Hawaii 96740 N T E R N A T I O N A L Phone: (808) 326-4733 Fax: (866) 887-8885 Project Managers, Planners, 8 Engineers ' American Council of Engineering Companies, Member v August 27, 2004 ~ ssr-n~t zoo4_o60.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai `i 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 Thank you for your transmittal of the Department of Public Works-Engineering Division (DPW) comments dated July 30, 2004, and revised comments dated August 9, 2004. The Applicant acknowledges and agrees to all the comments with the exception of those identified as Roadways 2. & 3. and Preliminary Subdivision Layout 1. & 2. Following is the Applicant's response to those comments. ROADWAYS 2. The County granted Final Subdivision Approval For Pamahoa Estates on Feb 19, 2003. An extension of Pamahoa Place would have no potential as a future connector road to Kealakaa Street for two main reasons. First, Pamahoa Place is owned by other parties and is not under the control of the Applicant. Second, Tentative Approval was issued on May 7, 2004 for the property located between Pamahoa Place and Kealakaa Street and no requirement was made for a roadway connection from Pamahoa Place to Kealakaa Street. Thus, without acquiring the private property that constitutes Pamahoa Place and revising the conditions of the Tentative Approval for the neighboring property owner's subdivision to require the connector road, it would be impossible to create a connector roadway between Palani Road and Kealakaa Street using Pamahoa Place. Furthermore, there would likely be serous legal consequences if the County pursued either or both of these actions. 3. At a meeting of the Kona-Kohala Chapter of the Hawaii Society of Professional Engineers held on August l 1, 2004, Deputy Planning Director Roy Takemoto indicated that there are no plans to widen Palani Road due to the prohibitive costs involved in property acquisitions. In order to alleviate some of the traffic on Palani Road, Mr. Takemoto indicated that a parallel roadway alignment across Queen Liliuokalani Trust property to the south of Palani Road is being explored by the County. In light of the Deputy Planning Director's comments, the Applicant believes that the DPW comment concerning [he widening of Palani Road is not applicable. 1. SSFM 2004_060.000 I N T E R N A T I O N A L Page 2 August 27, 2004 Change of Zone Application (REZ 04-018) Response to DPW-Engineering Division Comments PRELIMINARY SUBDIV[SION LAYOUT 1. The Applicant acknowledges the DPW comment that the access "flag poles" shown in Figure 2 do not appear to meet the 15-foot minimum width required by Hawaii County Code Section 25-4-14. The purpose of Figure 2 is to demonstrate the subdivision layout for conceptual purposes and does not represent a subdivision map. Should the Change of Zone Application be approved, the Applicant will prepare a preliminary subdivision map that fulfills all the requirements of Chapter 23 (Subdivision Code), including the requirement for access "flag poles" with a nvnimum 15-foot width. 2. At the time of any future subdivision application, the Applicant will comply with the requirements of Chapter 23. Options for complying with Section 23-48 include providing an alternate access to one of the lots (for example, lot 13 could take access from an existing 50-foot wide easement abutting its southeast corner), applying for a variance, or limiting the proposed subdivision to 7 lots. Please do not hesitate to call the undersigned with questions about this letter. Sincerely, Pamela L. Harlow Planner "1_, SSFM INTERNATIONAL, INC. ~ 74-5620 Palani Road, Suite A218 Kailua-Kona, Hawaii 96740 Phone: (808) 326-4733 N T E R N A T I O N A L Fax: (866) 887-8885 _ ~ ' f Project Managers, Planners, & Engineers American Council of Engineering Companies, Member August 31, 2004 SSFM 2004 060.000 Christopher J. Yuen, Director County of Hawai `i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai `i 96720-3043 Dear Mr. Yuen: Change of Zone Application (REZ 04-018) Applicant: Ho`awe LLC Request: Agricultural (A-la) to Single Family Residential (RS-15) Tax Map Keys: 7-4-4:80, 81, 82 & 83 We are in receipt of a letter dated August 20, 2004, from Mr. Bob Borns, an attorney representing David Clausnitzer and Katherine Shears, and the owners of three other nearby lots. In his letter, Mr. Borns makes a number of inaccurate claims regarding the project that we are compelled to refute. First of all, Mr. Borns incorrectly states that the Planning Commission approved a change of zone application in conjunction with the Pamahoa Estates subdivision application approved on February 19, 2003. In fact, the approximately 15-acre property that now constitutes Pamahoa Estates had been zoned Agricultural-1 acre long before the developers purchased it. Also, as you are aware, it was the Planning Department and not the Planning Commission that granted final subdivision approval for the Pamahoa Estates project. Mr. Borns argues that "It is inappropriate and an abuse of the zoning laws fur owners of land '[hat was rezoned approximately one year prior to apply for a rezoning of a portion of the same land." Throughout the process of developing the existing Pamahoa Estates subdivision and applying for the subject Change of Zone application, the Applicant has complied with all applicable rules and regulations. For Mr. Borns to suggest otherwise is blatantly wrong and misleading. In regard to the excerpts from the Declaration of Covenants, Conditions and Restrictions (CC&Rs) cited by Mr. Borns, we are compelled to point out that he ignored references in the CC&Rs that clearly provide for the future creation of additional lots. For instance, the complete definition of "Lot" is as follows: "`Lot" shall mean Lots 1-15 as shown on Exhibit "A", attached hereto and any separate parcels later created from any of the property described in Exhibit "A" attached hereto pursuant to County of Hawaii subdivision ordinances, and any scparate condominium units, SSFM 2004_060.000 I NTERNATIONAL Paget August 31, 2004 Change of Zone Application (REZ 04-018) Response to Mr. Bob Borns' Letter including any limited common element land areas appurtenant thereto, created from any of the property described in Exhibit "A" attached hereto pursuant to Chapter 514A of the Hawaii Revised Statutes, as amended. Unless the context indicates otherwise, "lot" also includes all improvements located upon such lot (including road/utility easements located thereon).' Clearly, the intent of the CC&Rs developed for Pamahoa Estates is to "_.ensure the attractiveness of the individual lots and improvements within said residential subdivision and prevent any future impairment thereof, to prevent nuisances, and to protect, preserve and enhance the values of said subdivision..." It is also extremely clear to anyone who reads the entire definition of "Lot" that these CC&Rs extend to "any separate parcels later created from any of the property" that currently constitutes Pamahoa Estates and not just the existing Lots 1- 15. Further evidence that the creation of future parcels is provided for by the CC&Rs is found under Article N, Roadway Maintenance. Specifically, Section 6.01, Agreement to Maintain Repair and Preserve Roadway Easement, reads as follows: "The owners of all lots shall be obligated to maintain, repair, upkeep and preserve [he roadway/utility easement in good order and condition, and to operate the paved portion of the same as a roadway for the benefit of each party. Each party shall be obligated to contribute a "pro-rata share" of the expenses incurred or decided to be expended to operate, maintain, upkeep and preserve the roadway/utility easement. An owner's "pro-rata share" for these purposes shall mean aone-fifteenth (1/15) share for each lot owned, unless additional lots are created by other approved measures, in which event the pro-rata share shall be equal to the sum of one divided by the total number of lots within the Development." It is possible that Mr. Borns' clients may not have carefully read the references within the CC&Rs that allow for future lot creation. However, their attorney who is using the CC&Rs to advance a misleading and incorrect argument should be held to a higher standard. We also take issue with Mr. Borns' statement that the arguments made in favor of the rezoning are not valid. Mr. Borns seems to think that the only meaningful way to fulfil] the County's stated goal of encouraging development of housing in urban core areas is to develop projects consisting of more than 50 residential units. This is simply not true. There is a tremendous lack of parcels available for residential development in Kailua-Kona at present, which is driving more and more residents to seek land in outlying areas on which to build their homes and consequently commute greater distances each day. Although the proposed project is small, we assert that the addition of four lots here in Kailua-Kona is better than having four families move fifty miles SSFM 2004_060.000 INTEp NATIONAL Ptlge3 August 31, 2004 Change of Zone Application (REZ 04-O18) Response to Mr. Bob Borns' Letter away and commute 100 miles each day to and from work. Contrary to Mr. Borns' statement, the development of the proposed project will have a positive, albeit small, impact on the concentration of urban density and employment within the construction industry. Lastly, in regard to Mr. Borns' statement that the proposed lots will not be "affordable lots," we wish to point out that the application does not claim that they will be. Rather, the application clearly states that the creation of smaller lots within Pamahoa Estates subdivision will allow for sales pricing lower than that of the existing one-acre lots, thereby providing greater availability to local buyers. With respect to Mr. Borns' allegation that the Applicant did not disclose plans for future rezoning and subdivision in either the Purchase Agreements or the CC&Rs, we offer the following information. First of all, we have already demonstrated that the CC&Rs contain language allowing for the creation of future lots within the subdivision. Secondly, we wish to point out that two of the three lots sold to those owners opposed to the subject application were actually purchased from other parties, not the Applicant or its members. Therefore, the duty to disclose rested with these other sellers. Nonetheless, the Applicant took steps to insure that future buyers would be notified of the possible rezoning application by asking the sellers to include information to that effect in their disclosure statements. As a result, the Addendum to the Sellers' Real Property Disclosure Statement that was initialed by Mr. Clausnitzer on February 5, 2004, when he offered to buy TMK: 7-4-004:079 states that, "The Seller or other lot owners may seek to rezone lots within the subdivision." A copy of this disclosure statement can be made available to Mr. Borns upon request since he seems to be unaware of this. Katherine Shears, the other owner of TMK: 7-4-004:079, was not a party to the offer to buy and as such was not a party to the disclosure. According to their sales agent, she was added to the title through escrow instructions. As with Mr. Clausnitzer, Byran and Julie Wilmer purchased TMK: 7-4-004:077 from a seller other than the Applicant and also signed a similar disclosure statement. Andrea Anderson and Jamieson Taketa purchased TMK: 7-4-004:015 from the Applicant on August 1, 2003. At that time, the Applicant did not have plans to seek a rezoning and thus did not include such a statement in the real property disclosure statement. Nonetheless, the CC&Rs that were provided to Ms. Anderson and Mr. Taketa at the time of the sale clearly indicated that future lots could be created within the subdivision. Mr. Borns' letter includes speculative references to possible adverse effects of devalued lots that could be caused by the creation of additional lots nearby. However, he failed to note that two of the petitioners opposing the change of zone application (Marty Dean and Robert Dean) have effectively subdivided their one acre lot through the CPR process and have previously sold the second home built on their lot Contrary to Mr. Borns' suggestion that each of the resulting eight lots from this project could he developed with primary dwellings and Ohana dwellings for a total SSFM 2004_060.000 INTERNATIONAL Page4 August 31, 2004 Change of Zone Application (REZ 04-018) Response to Mr. Bob Borns' Letter of 16 homes, the Applicant expects, in keeping with numerous recent rezoning ordinances, that development will be limited to one single-family dwelling per lot. Regarding Mc Borns' allegations of unfair access to water meters, we would refer him to the Department of Water Supply's "NORTH KONA WATER SYSTEM - WATER AVAILABILITY" policy dated November 1, 1994. That Department has different standards for the issuance of water commitments for a rezoning application versus commitments available for Ohana Permits. In fact, the Department of Water Supply has consistently recommended against the approval of Ohana Dwelling Applications filed with the Planning DepartmenC by lot owners within Pamahoa Estates. In regard to Mr. Borns' comment about notification of other lot owners in Pamahoa Estates, we wish to point out that the Notice of the Change of Zone Application was sent to all surrounding property owners within 300' of the property boundaries as required by Section 25-2-4 of the Zoning Code. As a courtesy, a notice will be made available to the owners of the one lot within Pamahoa Estates that falls beyond the 300' distance even though this is not required by law. In summary, the Applicant has properly disclosed its intent to pursue future lot creation to the current lot owners, has provided legally adequate notice of the proposed rezoning to surrounding property owners and has prepared a Change of Zone Application meeting the requirements of the County of Hawaii Zoning Code for consideration by your department, the Planning Commission and the County Council. We greatly appreciate your attention to this matter and trust that you and your staff will not hesitate to contact the undersigned with any questions or requests for additional information. Sincerely, Pamela L. Harlow Planner cc: Bob Borns, Attorney at Law David W. Clausnitzer and Katherine Shears Ho awe LLC ~lCailua Trada G~ntar girl: {808) 329-9 335 7~i-5706 NaMma Place l~i~~~~'!~ i=ax: (808) 329-1888 Suita 208°7 p email: latrd~konahawaii.us 6Eailua-Fiona, WI 36740 UVeb: www.konahawaii.us . August 20, 2004 Mr. Christopher J. Yuen Director, Planning Commission County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: Opposition to Change of Zone Application for Pamahoa Residential Lots -Submitted by Current Pamahoa Estates Landowners Dear Mr. Yuen: I am an attorney representing David Clausnitzer and Katherine Shears, and other concerned owners (see attached signature sheet) of one (1) acre parcels in Pamahoa Estates, a recently created and rezoned subdivision in Kailua-Kona. It has come to their attention that the owners of the original subdivided land, Thomas and Florence G. Pack, dba, Ho'awe, LLC, have submitted to the Planning Commission a Change of Gone Applicaton, dated May 2004, For four (4) of the recently rezoned lots still in their possession. (North Kona, T.M.K. 7-4-004:080, 081, 082, & 083). My clients are in strong opposition to this request for rezoning and contest the rezoning for a number of reasons. They have asked me to submit their written testimony in opposition of the subject rezoning as follows. Also included as part of this opposition testimony is a list of the current parcel owners and a property owner from an ajoining neighborhood who have signed in opposition to the proposed rezoning of the four lots that are the subject of this 4 acre rezoning. A Subdivision Plot showing the location of the owners in opposition and Che subject 4 lots is also attached for identification purposes. First, the Planning Commission just approved an application for a subdivision of this acreage on February 19, 2003. [t is clear from the application that was submitted to the Planning Commission at that time that the intent of the Packs was to create "Pamahoa Estates," a residential subdivision of 15 one acre parcels. 'the Declaration of Covenants, Conditions, and Restrictions made by the Packs on February 27, 2003, states that Pamahoa Estates is developed to "...ensure the attractiveness of the individual lots ...and prevent any future impairment thereof, ...and enhance th4e values and amenities of said subdivision." The covenants further state: "Each lot shall be used exclusively for single-family residential purposes Where by definition "lot" shall mean Lots 1-1 S. It is inappropriate and an abuse of the zoning laws for owners of land that was rezoned approximately one year prior to apply fbr a rezoning of a portion of the same land. Simply put, the circumstances involving N__,_._.__. this particular parcel oFland could not have possibly changed in such a short time. If the owners wanted to create l9 lots instead of 15 lots, it was their duty to make that clear in their original application for rezoning in 2003. The arguments made in favor of the Change of lone Application now before the Planning Commission are not valid. Essentially, SSFM International has attempted to apply arguments and rationale that is appropriate for a development of a much larger scale, such as Pualani Estates or other developments either planned or approved in the Kona market in excess of 50 residential units. It simply does not follow that the same type of proposal can be applied to a four acre parcel already subdivided in 2003 into four parcels. The Planning Commission is already overworked and the submittal of a 60 page document for the committee to review places an undue burden on the system. One could speculate whether such a proposal would be submitted for a one acre lot. Looking specifically at the details in the proposal as applied to a four acre parcel, it is clear that the arguments made carry little weight. First, the additional subdivision of the four existing one acre lots into eight lots of less than '/z of an acre will not impact the availability of affordable lots/housing, in that the newly subdivided lots will not be "affordable lots." In addition, the creation of four additional lots will not have a measurable positive impact on construction employment or concentration of urban density. The current allowance for each one acre lot owner to apply and build an Ghana residence fulfills all of the goals stated in the rezoning proposal without the need for any additional rezoning. Rather, it appears that given the rapid rise in real estate value in the Kailua-Kona market, the current owners see an opportunity to profit from the market by being able to sell eight lots instead of four lots. It is inappropriate use of the Planning Commission's time and efforts to rapidly rezone a parcel that was rezoned a year ago primarily for the purpose of increasing the potential profit from the sale of the land for one individual landowner. Perhaps the most disturbing aspect of this rezoning application is that a number of the fifteen one-acre lots were sold in late 2003 and 2004 without any disclosure by the Packs in the Purchase Agreements or in the Declaration of Covenants, Conditions and Restrictions, that efforts were already underway to subdivide the four lots that lie between the existing lots and the existing ocean view. Contrary to the statements in the rezoning application, subdividing the lots will likely adversely affect the value of the already sold one- acre lots. There will be additional homes to block views, additional traffic, noise, lack of privacy, and even the passibility that each of the eight lots would apply for an Ghana permit to create a total of 16 homes where the previous landowners had the expectation of the existence of four to eight homes. The existing one-acre landowners had no notice or knowledge of the Packs' intention to apply for rezoning of the one-acre lots until the end of May, 2004. However, it appears from water company documents that steps had been taken in 2003 to proceed with the subdivision of the four lots. The Hawaii County Department of Water had allocated as part of their planning based on the 2003 rezoning granted the Packs for Pamahoa Estates a total of 21 water meters (one for each of the 15 new lots, plus an additional 6 for Ghana applications). The Packs have used one of the 6 additional meters for their own Ghana, and they have reserved the 4 that remained in anticipation of your approval of this rezoning of the 4 lots they still own into the 8 further subdivided lots. This is patently unfair to the existing lot owners who appear to now he "shut out" of ever being allowed a water meter for an Ghana on their 1 acre lot. It is unclear why the Packs have not been disclosing to the current purchasers of the one-acre lots the material real estate fact that they had every intention to further subdivide 4 one-acre lots. My clients, for example, did not sign the contract on their lot'home until February 26, 2004, yet they received no disclosure of the Packs' rezoning efforts until May of 2004. [t is clear, however, that such disclosure may have adversely affected the value of the one-acre lots or extended their time on the market. As such, it would be very unfortunate of the Planning Commission were manipulated into granting the rezoning while recent purchasers in Pamahoa Estates have been given plats showing all one-acre lots and relying on this fact in making their purchase decisions. In summary, the request for rezoning for the remaining four one-acre lots in Pamahoa Estates should he denied. Although the existing one-acre lot owners may have good cause to seek an injunction or lawsuit damages for non-disclosure of a material fact in areal-estate sale and unfair access to water meters, such litigation is always costly to all parties and uses legal and judicial resources that perhaps could be put to better use on other matters. However, if the rezoning request is denied as my clients and others request, then it becomes immaterial whether the current property owners received timely notification of a condition (lot re-subdivision) that can no longer affect their property values. In essence, even with denial of the subdivision request, the Packs will receive appropriate compensation for the sale of their four one- acre lots and the existing landowners' land values will not have been impacted by the additional rezoning. fhe Packs had an opportunity in the original 2003 application for the subdivision to request 11 one-acre ]ots and 8 '/z acre lots if that was the intent of the owners. This would have allowed you and the Department of Water to properly plan fora 21 lot Pamahoa Estates. They did not. They asked the Planning Commission for 15 one-acre lots and their request was approved. Given the short time frame after the February ?003 approval by the Planning Commission until the Packs began taking steps to fi~rther subdivide the four lots in question, it appears that such an application could have been made. My clients are anxious to also testify in person at the public hearing on the Change of Zoning Application for Pamahoa Residential Lots. I would appreciate it if I could also receive notice of the hearing date in addition to the property owners I represent. As a final comment, it appears that several of the current owners in Pamahoa Estates have not received notice from SSFM International regarding the IIo'awe LLC application for rezoning. As such, this may also be grounds to deny scheduling the hearing before such notice is made to all affected parties. Thank you so much for your attention to this matter. It is truly important that the Planning Commission be aware of all the facts surrounding this rezoning application rather than rely solely on the incomplete information contained in the Change of Zone Application submitted to you on behalf of the Packs. Although no direct response is necessary, other than to distribute this written testimony to the Planning Commission member before the hearing, feel tree to contact me with any questions or comments you may have regarding this matter. Warmest wishes, Bob Borns B B/cba cc: SSFM International, [nc. Thomas W. and Florence G. Ward Pack David Clausnitzer & Katherine Shears F nc. (9 additional copies) -3- Property Owners of Pamahoa Estates (and adjacent landowners) in Opposition to the Change of Zone Application far Pamahaa Residential Lots, dated May 2004 Lot ID Name (printed) Signature Date ~ ~ ~,d~//,t3~J i~ V+l. ~ I~IaS~Ji 1"~~r2y - f ~ ~Y 9'° `~-`J~ 7 IC~~"~'1'1~~i A19-~Y)2~1 d~S ~ f~,t o 3 '7- _ec 7 m w ~ ~ v~~ a i _ ~ bpy 9 .'3 - ~ - 4 -i~eY•i• -ec 7 • ~ l,~ ~ ~.y. ~e ~ ~'-r 7 l ZGO RHOawe-RE704-01 S.jwd 09-07-04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HOAWE, LLC CHANGE OF ZONE APPLICATION (REZ 04-018) 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 from Agricultural 1-acre (A-la) to Single-Family Residential 15,000 square feet (RS-15) for approximately 4.006 acres of land. The applicant is requesting the Change of Zone to RS-15 to allow the subdivision of the properties into eight (8) residential lots in conformance with the new zoning designation, creating four additional lots within the existing subdivision. 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 from an Agricultural 1-acre (A-la) to a Single Family Residential-15,000 square feet (RS-15) zoned district will conform to the following goals, policies and standards of the Land Use and Housing Elements 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. -1- * 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 ofpublic services and utilities, access, and public need. Approval of this request would also compliment the following goals and policies of the Land Use- Single Family Residential Element of the General Plan: LAND USE -SINGLE-FAMILY RESIDENTIAL * To maximize choices ofsingle-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. HOUSING * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. -2- * Attain adiversity 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 proposed project will provide an additional four (4) lots to the existing fifteen (15) lot subdivision (Pamahoa Estates Subdivision). These additional lots will provide additional housing to help alleviate North Kona's housing crisis. The properties will be located near the Kailua-Kona urban core to help the residents to be in close proximity to employment opportunities, commercial centers, schools and recreational amenities. Therefore, the applicant's request to provide additional single family residential housing will conform to, among others, the Land Use and Housing Elements of the General Plan. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map 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 properties are 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 maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. They are also situated within an area designated as Low Density Urban, which allows for developments that are single family residential in character, ancillary community and public uses, and convenience type commercial uses. The applicant's request to create four additional lots -3- for housing will remain consistent with the General Plan's designation for this area. The surrounding areas are made up mainly of properties in residential uses. To the south are properties zoned RS-7.5 within the Kona Chocho Estates Subdivision. To the west is a 13.1-acre parcel zoned A-1 a and further west is several properties zoned RM-5. To the north is the Paniolo Country Subdivision made up of lots zoned A-la. Lastly, to the east are properties zoned RS-1Q, A-la and A-Sa. The properties are vacant and have previously been grubbed and graded. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is identified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System as "other" important agricultural lands. Soils within the property and surrounding area are classitied as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. The Keahole to Kailua Development Plan adopted by the County Council by Resolution on April 3, 1991, designates the azea as Existing Residential uses. The Keahole to Kailua Development Plan conforms more closely to the General Plan designation of Urban Expansion and Low Density Urban. The applicant's request is consistent with the K to K Development plan for this area. The applicant has represented that if the request is approved, the total number of dwellings would be limited to eight (8) dwellings, which would be one dwelling per lot. Therefore, as a condition of approval, the applicant will be required to include restrictive covenants in the deeds of all the proposed lots prohibiting the construction of a second dwelling unit and condominium property regimes on each lot. The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located just three miles from the urban/retail/employment center ofKailua-Kona, and thereby conforms with the General Plan which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. All utilities and services are available to the site. Access to the four proposed lots is from Palani Road onto Pamahoa Place. Pamahoa Place is a private dead end road -4- with aright-of way width of 50 feet. It has a 20-foot wide pavement with 15-foot paved shoulders. There is potential for a future connection roadway to connect Kealakaa Street to Palani Road through the Pamahoa Estates Subdivision and TMK:7-4-4:14, which is a 13-acre parcel owned by another party. There is also the potential for a roadway connection to Hanahanai Street in the Kona Chocho Estates Subdivision to the south. If both conmections were required, the space needed for the connections would take the much of the land area needed for the change of zone request, thereby negating the request. The request for the extension of Pamahoa Place to the western boundary of the property as recommended by the Department of Public Works is reasonable, but recent subdivision actions on the 13-acre parcel to the west will prevent this connection from occurring. County water is available for the proposed lots. As there is no municipal sewer system in the area, the applicant will be required to dispose wastewater into an individual wastewater system meeting the standards and requirements of the State Department of Health. Electrical, telephone and cable services are available to the site. Police, fire and emergency facilities are located in Kona, approximately two to three miles west of the properties. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal lone Management Area. The property is not situated within the Special Management Area. It is located approximately four miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property has been previously grubbed and graded, it is not anticipated that endangered or threatened candidate species of Mora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being -5- practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, this request to reclassify the subject properties from Agricultural 1-acre (A-1 a) to Single Family Residential-15,000 square feet (RS-15) 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. -6- ~,r_g~ ii~Ta`~' vat ~~'/~~`~"r, BILL NO. (PLANNING DEPARTMENT) ORllINANCE NO. AN ORDNANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLF, 8, CHAPTER 25 (ZONING CODE) OF THE HA WAI`I COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL I-ACRE (A-la) TO SINGLE FAMILY RESIDENTIAL- 15,000 SQUARE FEET (RS-15) AT KEALAKEHE HOMESTEAD LOTS, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-4-4:80-83. 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 Kealakehe Homestead Lots, North Kona, Hawaii shall be Single Family Residential - 15,000 square feet (RS-15): L(~T 5: Beginning at a point at the Southeast corner of this parcel of land being the Southwest comer of Lot 4, along the Northerly side of a Government Road Reserve, the coordinates of said point of beginning referred to Government Survey'friangulation Station "KA[LUA" (North Meridian) being 11,847.03 feet North and 4,55121 feet East and nuuring by azimuths measured clockwise from Tnie South: 1. 105° 18' 00" 136.02 feet along the Northerly side of the Government Road Reserve to a point; 2. 201 ° 36' 30" 267.24 feet along Lot 6 to a point; 3. 252° LS' 30" 39.90 feet along Lot 6 to a point; 4. 242° 35' 34" 45.00 feet along Lot 6 and Easement R (Part 6) -t- to a point; 5. 203° 13' ] 9" 45.00 feet along Lot 10 and Easement R (Part 10) to a point; Thence, along Lot 12, along a curve to the right having a radius of 45.00 feet, the chord azimuth and distance being: 6. 312° 28' 28" 29.68 feet to a point; Thence, along Lot 12, along a curve to the left having a radius of 40.00 feet, the chord azimuth and distance being: 7. 311° 40' 04" 27.44 feet to a point; 8. 291 ° 36' 30" 20.06 feet along Lot 12 to a point; 9. 21 ° 36' 30" 336.56 feet along Lot 4 to the point of beginning and containing an area of 1.001 acre. LOT 6: Beginning at a set `PK' nail at the Southeast comer of this parcel of land being the Southwest corner of Lot 5, along the Northerly side of a government Road 2escrve, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" (North Meridian) being 11,882.93 feet North and 4,420.01 feet East and running by azimuths measured clockwise from True South: I . 105° ] 8' 00" 132.05 feet along the Northerly side of the Government Road Reserve to a set `PK' nail in concrete; 2. 136° 20' 45" 16.66 feet along the Northerly side of Government Road Reserve to a found nail in cut cross on face of rock wall; 3. 177° 28' 38" 16429 feet along L.ot 16 of the Kealakche I-Iomestead Lots, Map 11, along -2- Grant 6273 to A. Nauupahee to a set pipe in concrete; 4. 257° 03' 30" 285.17 feet along Lot 7 to a set `PK' nail in asphalt; 5. 261 ° 46' 40" 45.00 feet along Lot 7 and a portion of Roadway Easement R (Part 6) to a set `PK' nail in asphalt at centerline roadway; 6. 62° 35' 34" 45.00 feet along Lot 5 and a portion of Roadway Easement R (Part 5) to a set rebar-cap in concrete; 7. 72° 15' 30" 39.90 feet along Lot 5 to a set `PK' rock in concrete; 8. 21 ° 36' 30" 267.24 feet along Lot 5 to the point of beginning and containing an area of 1.0001 acres. LOT 7: Beginning at a set `PK' nail at the Easterly corner of this parcel o£ land being the common comer of Lots 6, 7, 8, 9 and 10 at the centerline of EasemenC R, the coordinates of said point of beginning refeiYCd to Govennnent Survey Triangulation Station "KATLUA" (North b~tciidian) being 12,164.26 feet North and 4,596.37 fee East and running by azimuths measw ed clockwise from True South: l . 81 ° 46' 40" 45.00 feet along Lot 6 and Easement R (Part 6) to a set `PK' nail in asphalt; 2. 77° 03' 30" 285.17 feet along Lot 6 to a set pipe in concrete; 3. 177° 28' 38" 197.25 feet along Lot 16 of the Kealakehe Homestead Lots, Map 11, along Grant 6273 to A. Nauupahee to a set pipe in concrete; 4. 274° 54' 15" 240.73 feet along Lot 8 to a set rebar-cap in concrete; -3- 5. 317° 20' 15" 95.20 feet along Lot 8 to a set rebar-cap in concrete; 6. 323° 29' 23" 45.00 feet along Lot 8 and Easement R (Part 8) to the point of beginning and containing an area of 1.0003 acres. LOT 8: Beginning at a set `PK' nail at the Southeasterly corner of this parcel of land being the common corner of Lots 6, 7, 8, 9 and 10 at the centerline of Easement R, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAiLUA" (North Meridian) being 12,164.26 feet North and 4,596.37 feet East and running by azimuths measured clockwise from Tnie South: 1. 143° 29' 23" 45.00 feet along Lot 7 and Easement R (Part 7) to a set rebar-cap in concrete; 2. 137° 20' 15" 95.20 feet along Lot 7 to a set rebar-cap in concrete; 3. 94° 54' 15" 240.73 feet along Lot 7 to a set pipe in concrete; 4. 177° 28' 38" 129.00 feet along Lot 16 of the Kealakehe Homestead Lots, Map 11, along Grant 6273 to A. Nauupahee to a set rebar-cap in concrete; 5. 273° 18' 02" 301.40 feet along Lot 9 to a set rebar-cap in concrete; 6. 353° 12' 30" 196.48 feet along the `Pole' of Lot 9 to a set rebar-cap in concrete; 7. 343° 3T 34" 45.00 feet along Lot 9 and Easement R (Part 9) to the point of beginning and containing an area of 1.0045 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. [n accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions arc: -4- (I) Necessary to prevent circiunstauces which maybe 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNC[L MEMBER, COUNTY OF HAWAI`[ fIawai`i Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: -5- A Sa _ it I A-Sa l I - - _ - - - A-fa I ~ L - _ - N-Sa t A-Sa -Z ~ _ I ~ A4a ~ _ _ _ _ _ - ~ ~ ~ ( ~ ~ ~ ~ A-1a ~ ~ = AA-1a ~ A-Sa _ A I A5al dia O A-5a ~ o, ~ -v - <n / , - ~ - _ _ Y A-Sa i~ 1 ~ ~ _ A-1a A 5 ~A~1a ~ 10 a ~i i _ - A-Sa J~ - •LOT 5 ~ ~ ~ ~ ~ \V//%/ ~AGRLO ~DRAI(A-1 )T A. a ~ 7 I SiNGL -FA KR SIREN IAL RS 5 A a A- a Om~'(o1N ~1~ -1a 1 001 A - iT1 \ l ~_-__J A ~ RS-10 - - - RS f0 R -10 ,8d 03 N - ~ ~ 12,1 .26 4,551. i - _ ~n / o 4,59 .37 ~ / IL P - - ~ 7 A-1a a lQ j S m _ IL - ~ RS-10 A-1a ~ S - "L B"---~_-__ F"r'.° t RS-1 S f0 _ S-i 3 SACS. `a ' s ni/~+ a - A-fa ~ ~ , - A-fa AGRI L (A- a) T a s D I -R SING - LY RESID IAL R -15 8 . 3 N 1.0 I i ~ --SiN E-FAMILP IDEN IAL RS-15 _ _ - ~ - R ~ - - - ~ N ...._~4.D0 AC$: K ° a a ~ a t. RS-10 / r l A-fa ~ I a S. R 7. ~ R -5 A-1a ~ RM-5 i A4a ~ ~ R -5 A-1a , RS-15 l RM-5 t1aC - - RM-5 ixs aas rzs iaso xns xaoo oszs ree~ 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-15) AT KEALAKEHE HOMESTEAD LOTS, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 7-4-004.080-083 (INCLUSIVE) Uate June 29, 2004 EXHIBIT "A" _ (HO~nwE LLC 113s) CHoawe-REZ 04-OI8.jwd.09-07-04 HOAWE,LLC CHANGE OF ZONE APPLICATION (REZ 04-018) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. C. Final Subdivision Approval shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. Any vehicular gate shall be set back a minimum of 60 feet from the existing right- of-way line of Palani Road. F. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be submitted prior to the issuance of a grading permit, and the recommended drainage system shall be constructed meeting with the approval of the Department of Public Works. G. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. t- H. 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. I. Construction activities shall comply with the provisions of Chapter 11-46, Community Noise Control, Hawaii Administrative Rules, Department of Health, which monitors construction noise levels and exhaust from construction equipment. J. Should any remains of historic sites, such as rock walls, terraces, platfonns, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. K. The applicant shall prepare a Solid Waste Management Plan for the development meeting with the approval of the Deparhnent of Environmental Management. O. 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 maybe increased or reduced proportiona]ly 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 maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a maximum combined value of $9,6'71.44 per single family residential unit. Based -2- upon the applicant's representation of intent to develop a total of four (4) additional single-family residential units, the indicated total of fair share contribution is $38,685.71 for the 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. The fair share contribution shall be allocated as follows: 1. $4,663.74 per single family residential unit for four (4) single family residential units for an indicated total of $18,654.96 to the County to support park and recreational improvements and facilities; 2. $224.98 per single family residential unit for four (4) single family residential units for an indicated total of $899.92 the County to support police facilities; 3. $444.36 per single family residential unit for four (4) single family residential units for an indicated total of $1,777.44 to the County to support fire facilities; 4. $194.55 per single family residential unit for four (4) single family residential units for an indicated total of $778.20 to the County to support solid waste facilities; 5. $4,143.81 per single family residential unit for four (4) single family residential units for an indicated total of $16,575.24 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, ftre, 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 -3- P. 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 Fee Ordinance. Q. An initial extension of time for the performance of conditions within the ordinance maybe 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, its 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 maybe extended for up to one additional year). R. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -4-