HomeMy WebLinkAboutCOM 0817.000 2004-2006
Mtv,os
Harry Vim ,c Dixie Kaetsu
Mayor Managing Director
Barbara Kossow
oVeDeputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 , Hilo, Hawaii 96720-4252 , (808) 961-8211 , Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 3293226 • Fax (808) 326-5663
April 4, 2006
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
rChange of Zone Application (REZ 05-000030)
Applicant: Sonny Ventures, LLC
Request: CN-10 to RS-10
Tax Map Key: 7-3-61:1-10,17,18,20-22;
pors of 11,12,19,24-26,50,53 & 54
Planning Director Initiated
Amendment to Chapter 25 (Zoning), Article 4, Section 25-4-11(b)
(Sewer Pump Station)
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,
Harry Kim
Mayor
Enclosures
cc: Planning Department
~LQ t0 Hawaii County is an Equal Opportunity Provider and Employer '
Comm. No.
Ref. To
MCI-
Reif. Date
,101
r
•hOiM''+
County of Hawaii
PLANNING COMMISSION
Aupuni Center . 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone(808)961-8288 • Fax(809)961-8742
April 4, 2006
Stacy Higa, Chairman
and Members of the County Council
County of Hawai `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Change of Zone Application (REZ 05-000030)
Applicant: Sonny Ventures, LLC
Request: CN-10 to RS-10
Tax Map Key: 7-3-61:1-10,17,18,20-22; yors of 11,12,19,24-26,50,53 & 54
The Planning Commission, after a duly held public hearing on March 24, 2006, voted to
recommend for your approval the proposed legislative bill to change the district classification
from Neighborhood Commercial 10,000 square feet (CN-10) to Single Family Residential 10,000
square feet (RS-10) for approximately 6.643 acres of land within the Lokahi Mauka Subdivision,
Kalaoa 5th, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a Change of Zone from Neighborhood Commercial
10,000 square feet (CN-10) to Single-Family Residential (RS-10). The total acreage of
the 24 lots is approximately 6.643 acres and includes 15 single-family residential lots;
portions of 6 single-family residential lots, a portion of a park lot, and a portion of two
roadway lots.
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
The project area is identified as Phase 2 of a 184-lot single-family residential
development called Lokahi Makai and Lokahi Mauka. The project is being developed in
five phases, and Phases 1 and 2 have received final subdivision approval. The project
area is identified as a portion of Phase 2 (Subdivision No. 7939). Phases 3 and 4 have
received tentative subdivision approval. The area of the Lokahi project was originally
part of a 125+ acre planned residential community consisting of approximately 600
multiple and single-family residential units and a neighborhood commercial area. The
site was zoned RS-10, RM-4 and CN-10. Because of a change in project concept and
design, the development no longer includes the multiple-family and commercial
components. Since the project area was already subdivided into single-family lots, the
CN zoning is no longer applicable. The objective of this request is to more accurately
reflect the actual use of the lots within the subdivision.
According to the applicant, the goal of this project is the creation of a master
planned, affordable, pedestrian-friendly residential community. The project will include
design statements such as landscaped entrances and building design that define and
distinguish this community from other developments. Homes are proposed to be spaced
and aligned in a manner where view planes would be preserved. A landscaped entry,
circular roads, and a modified sidewalk system are also proposed. To accomplish these
objectives and the goal of affordable housing, a Planned Unit Development permit (PUD
No. 70) was requested and subsequently approved on November 18, 2003.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The proposed change of zone from Neighborhood Commercial 10,000 square feet
(CN-10) to Single-Family Residential 10,000 square feet (RS-10) will conform to, among
others, the goals, policies and standards of Land Use, Economic and Housing Elements of
the General Plan. The change of zone to RS-10 would more accurately reflect the
proposed use of the lots within the subdivision. Because of a change in project concept
and design, the development no longer includes the multiple-family and commercial
components. The project area is bounded on the north by the Kona Palisades
Subdivision. Puuhonua Estates is located to the east of the site. There are vacant private
lands to the south, and vacant state lands to the west. This request would complement a
policy of the Land Use element of the General Plan which states, "allocate appropriate
Stacy Higa, Chairman
and Members of the County Council
Page 3
requested zoning in accordance with the existing or projected needs of neighborhood,
community, region and County."
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 project area is designated Urban
Expansion Area, which allows for a mix of high density, medium density, low density,
industrial, industrial-commercial 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 RS zoning would be compatible with the Urban
Expansion Area designation.
The properties are located within an area adequately served with essential services
and facilities. There will be multiple accesses from Kaiminani Drive serving the project
area. The accesses will be via Kakahiaka and Kapuahi Streets, as well as a new proposed
street through State land at the makai end of the project site. There will be a mauka-
makai connector road through the project site. The roads are under construction with a
sidewalk on one side of the street. County water is available to the properties. The
subdivision will be serviced by individual wastewater systems meeting the standards and
requirements of the Department of Health. Electric and telephone services are available
to the project area. Police and fire services are available within three miles of the project
site. Medical services are available at the Kona Community Hospital in Kealakekua.
The request is not contrary to objectives and policies as provided by Chapter
205A, Hawaii Revised Statutes and Special Management Area guidelines contained in
Rule No. 9 of the Planning Commission Rules of Practice and Procedure. The project
site is not proximate to the shoreline and will not be impacted by coastal hazard and
beach erosion. Thus, no shoreline processes will be affected by the proposed action.
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. A botanical survey
dated December 1988 was prepared by Winona Char in conjunction with the initial
rezoning of the property in 1990. The survey noted that the general vegetation on the site
was open scrub and grassland. Species identified included the guinea grass, aloe vera,
Christmas berry, jacaranda, African tulip trees and koa-haole. An uhi uhi tree, considered
endangered by the State and Federal government, was located outside of the Lokahi
project area. Dr. Andrew Berger conducted a faunal study, and concluded that there was
no endemic ecosystem in the area. It is not anticipated that endangered or threatened
Stacy Higa, Chairman
and Members of the County Council
Page 4
candidate species of flora or fauna are located within the property, and the area has not
been identified as a significant botanical or biological habitat.
According to the applicant, "prior to and during the construction phase of this
project, no native Hawaiians were observed visiting the site to gather plants or worship or
traversing the site for access to other parts in this area." In the event that legitimate
gathering claims are made by native Hawaiians, the applicant intends to respect and honor
such claims and provide the needed access within the site. It is not anticipated that the
proposed request will have any adverse impact on cultural resources in the area.
The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone
"X," areas outside the 500-year flood plain. No formal archaeological study was
submitted. The applicant states that "the site has been surveyed by an archaeologist, and
appropriate mitigation has and/or will be taken in conjunction with the development of
this project." By letter dated November 30, 2005, the applicant requested a "no effect"
letter. By letter dated January 25, 2006, the DLNR-HPD responded that "no historic
properties will be affected because this project has gone through the historic review
process, and mitigation has been completed." Given the subdivision's urban setting, the
presence of any known rare, threatened, or endangered species or endangered floral and
fauna species is remote. The subdivision is not used for access to the mountains or
shoreline and no access to these areas will be impacted by the proposed action.
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa 'akai O
Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: As the project area is already subdivided, no
formal archaeological, cultural or botanical survey was included with the request.
• The valued cultural, historical, and natural resources found in the rezoning area:
Regarding historical resources in the area, the HPD has stated that the project has
gone through the historic review process, and mitigation has been completed.
According to the applicant, "prior to and during the construction phase of this
project, no native Hawaiians were observed visiting the site to gather plants or
worship or traversing the site for access to other parts in this area." In the event
that legitimate gathering claims are made by native Hawaiians, the applicant
intends to respect and honor such claims and provide the needed access within the
site. Given the subdivision's urban setting, the presence of any known rare,
Stacy Higa, Chairman
and Members of the County Council
Page 5
threatened, or endangered species or endangered floral and fauna species is
remote.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by construction or ground alteration. A botanical survey prepared by
Winona Char in conjunction with the initial rezoning of the property in 1990
identified no endangered species. Similarly, a faunal study conducted by Dr.
Andrew Berger identified no endemic ecosystem in the area.
• Feasible actions to protect native Hawaiian rights: The applicant states that in the
event that legitimate gathering claims are made by native Hawaiians, such claims
will be honored and access will be provided to the site.
Based on the above findings, this request to reclassify the properties from
Neighborhood Commercial 10,000 square feet (CN-10) to Single-Family Residential
10,000 square feet (RS-10) would result in an appropriate land use pattern and further
benefit the general public.
For your favorable consideration, an amendment to Section 25-8-3 (North Kona Zone Map), of
the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
i
C. Kimo Alameda, Chairman
Planning Commission
Lsonnyrez05-030pc2PC
Enclosures
cc: Mr. Sidney Fuke
Sonny Ventures, LLC
Department of Public Works
Department of Water Supply
Planning Department - Kona
Department of Land & Natural Resources-HPD/Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
BSonnyRBZ.doc-2/7/06
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
SONNY VENTURES, LLC
CHANGE OF ZONE APPLICATION (REZ 05-030)
SONNY VENTURES, LLC has submitted an application for a Change of Zone from
Neighborhood Commercial 10,000 square feet (CN-10) to Single-Family Residential 10,000
square feet (RS-10) for approximately 6.643 acres of land within the Lokahi Mauka Subdivision,
Kalaoa 5°i, North Kona, Hawaii, TMK: 7-3-61: 1-10, 17, 18, 20-22, por. IT, 12, 19, 24-26, 50,
53, 54.
PROPOSED ACTION
1. Request: Change of Zone from Neighborhood Commercial 10,000 square feet (CN-10)
to Single-Family Residential (RS-10). The total acreage of the 24 lots is approximately
6.643 acres and includes 15 single-family residential lots; portions of 6 single-family
residential lots, a portion of a park lot, and a portion of two roadway lots.
2. Reasons for the Request: The project area is identified as Phase 2 of a 184-lot single-
family residential development called Lokahi Makai and Lokahi Mauka. The project is
being developed in five phases, and Phases 1 and 2 have received final subdivision
approval. Phases 3 and 4 have received tentative subdivision approval. The area of the
Lokahi project was originally part of a 125+ acre planned residential community
consisting of approximately 600 multiple and single-family residential units and a
neighborhood commercial area. The site was zoned RS-10, RM-4 and CN-10. Because
of a change in project concept and design, the development no longer includes the
multiple-family and commercial components. Since the project area was already
subdivided into single-family lots, the CN zoning is no longer applicable. The objective
of this request is to more accurately reflect the actual use of the lots within the
subdivision. (Exhibit 1 - Change of Zone application)
OTHER INFORMATION
3. Objective: According to the applicant, the basic objective of this project is the creation
-1-
ATTACH: Comp. 817
Bill 266
of a master planned, affordable, pedestrian-friendly residential community. The project
will include design statements such as landscaped entrances and building design that help
define and distinguish this community from other developments. Homes are proposed to
be spaced and aligned in a manner where view planes would be preserved. A landscaped
entry, circular roads, and a modified sidewalk system are also proposed. To accomplish
these objectives and the goal of affordable housing, a Planned Unit Development permit
(PUD No. 70) was requested and subsequently approved on November 18, 2003.
STATE AND COUNTY PLANS
4. State Land Use Designation: Urban.
5. GP LUPAG Map: Urban Expansion Area.
6. County Zoning: CN-10.
7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management area.
8. Special Management Area: The properties are not located within the County's Special
Management Area (SMA). The SMA is a part of the Coastal Zone Management Program
regulated by the County.
DESCRIPTION OF PROPERTIES AND SURROUNDING AREA
9. Subject Properties: The 24 lots are part of the Lokahi Subdivision Phase 2 (Subdivision
No. 7939 approved on April 13, 2005) located mauka of the Queen Kaahumanu Highway
south of the makai portion of the Kona Palisades Subdivision. The project area is located
immediately mauka of the southerly extension of Kakahiaka Street. Phase 1 of the
Lokahi Subdivision is located west or makai of the project area, and Phase 5 is located to
the east or mauka of the site. The project area ranges in elevation from approximately
420 to 750 feet.
10. Surrounding Zoning and Land Uses: The project area is bounded on the north by the
Kona Palisades Subdivision. Puuhonua Estates is located to the east of the site. There
are vacant private lands to the south, and vacant state lands to the west.
11. U.S.D.A. Soil Type: Punahm extremely rocky peat (PYD) and lava flows, a'a and
pahoehoe.
-2-
12. Land Study Bureau's Productivity Rating: "E" or "Very Poor".
13. FIRM: Zone "X", areas outside of the 500-year flood plain.
14. Flora/Fauna Resources: A botanical survey dated December 1988 was prepared by
Winona Char in conjunction with the initial rezoning of the property in 1990. The survey
noted that the general vegetation on the site was open scrub and grassland. Species
identified included the guinea grass, aloe vera, Christmas berry, jacaranda, African tulip
trees and koa-haole. An uhi uhi tree, considered endangered by the State and Federal
government, was located outside of the Lokahi project area. Dr. Andrew Berger
conducted a faunal study, and concluded that there was no endemic ecosystem in the area.
15. Archaeological/Historical Resources: The applicant states that "the site has been
surveyed by an archaeologist, and appropriate mitigation has and/or will he taken in
conjunction with the development of this project." According to the applicant, "prior to
and during the construction phase of this project, no native Hawaiians were observed
visiting the site to gather plants or worship or traversing the site for access to other parts
in this area." In the event that legitimate gathering claims are made by native Hawaiians,
the applicant intends to respect and honor such claims and provide the needed access
within the site. By letter dated November 30, 2005, the applicant requested a "no effect"
letter. By letter dated January 25, 2006, the DLNR-HPD responded that "no historic
properties will be affected because this project has gone through the historic review
process, and mitigation has been completed."
16. Cultural Resources: As the project site is already subdivided, the applicant did not
address issues relative to traditional and customary Native Hawaiian rights presently
being conducted on the properties.
17. Public Access: The subdivision is not used for access to the mountains or shoreline and
no access to these areas will be impacted by the proposed action.
PUBLIC UTILITIES AND SERVICES
18. Access: There will be multiple accesses from Kaiminani Drive serving the project area.
The accesses will be via Kakahiaka and Kapuahi Streets, as well as a new proposed street
through State land at the makai end of the project site. There will be a mauka-makai
-3-
connector road through the project site. The roads are under construction with a sidewalk
on one side of the street (as permitted by PUD No.70).
19. Water: County water is available to the properties.
20. Wastewater: Individual wastewater systems meeting the standards and requirements of'
the Department of Health will be constructed for each of the lots by the respective
homeowners.
21. Essential Utilities and Services: Electricity and telephone services are available to the
site. Police and fire services are available within three miles of the project site.
AGENCIES' AND ORGANIZATIONS' COMMENTS
22. Department of Public Works: Exhibit 2 - January 23, 2006 memo
23. Fire Department: Exhibit 3 -January 5, 2006 memo
24. Department of Health: Exhibit 4 - January 25, 2006 letter
25. Department of Land and Natural Resources: Exhibit 5 - January 25, 2006 letter
26. Kona Traffic and Safety Committee: Exhibit 6 - February 3, 2006 letter
AGENCIES - NO COMMENTS OR OBJECTIONS
27. Police Department
AGENCIES - NO RESPONSE
28. Department of Water Supply, Department of Parks and Recreation, Office of Housing and
Community Development, DLNR Land Division
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
29. Exhibit 7 - February 6, 2006 letter
PUBLIC COMMENTS
30. None as of this writing.
-4-
APPLICATION
FOR
COUNTY REZONING
(CN-10 to RS-10)
SONNY VENTURES, LLC
Kalaoa 5th, North Kona, Hawai'i
TMK: (3) 7-3-61:1-12, et al.
Prepared For:
Sonny Ventures, LLC
Prepared By:
Sidney M. Fuke, Planning Consultant
November 2005 EXHIBIT
CHANGE OF ZONV A11111.1CATION
COUNTY OF I IA WA11
PLANNING D17 '
(Type or legibly print the rcquctited intolinatton)
APPLICANT: Sonny-Ventures , LLC
APPLICANT'S SIGNATURE DATE: 10/24/05
.ADDRESS: IS 143 Hualalai Road, Suite 202 Kailua-Kona, HI 96740
LIST APPLICANT'S INTEREST IF NO'F OWNER: Developer
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Alan Dickler, President
PHONE:(Bus.)326-4675 (Res.)329-3779 (Fax)
LANDOWNER(S): Sonny Ventures, LLC and others
LANDOWNER SIGNATURE(S): ti (others- attached)DATE: 10/24/05
(May be by letter)
LANDOWNER(S) ADDRESS: Same as applicant and others (attached)
REQUEST:CN 10 TO RS-10
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 7-3-61: 1-12, 17-19, 2022, 24-26, Lots 501, 503, and 505
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 6.643 acres
AGENT: Sidney M. Fuke Planning Consultant
ADDRESS: 100 Pauahi Street, Suite 212
Hilo, HI 96720
TELEPHONE: (Bus.) 969-1522 - (Res.) (Fax)969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fake COPIES: Alan Dickler
(See Instructions on Reverse Side)
ATTACHMENT
Residential Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? Yes
if yes, please answer the rest of question 1 and then to
quesfion 3.
a. How many acres of the requested area do you intend to
subdivide? All
b. Into what lot sizes? 10,000
C. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval? imonth
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.
2. If you have no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans
b. Sell or lease the land to someone who has tentative
plans?
C. Sell or lease the ]and to someone who has ne plans?
d. Keep it?
e. other (please state)
l• If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. Do You think that your request and your further plans
for the land will alleviate the local housing situation? Yes
How?
More lots will help stabilize land cost and create housing opportunities for more.
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 iand currently being used for any
agricultural activity? No
If so, please list the kinds of products grown and on
how many square feet or acres of land per product.
6. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
If so, please describe the problem.
7• Do you think that the roads leading to the subject area
needs improvement? No
if so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
8. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
yes
a. Schools x
b. Roads X
C. Sewer x
d. Drainage x
e. police Protection x
-3-
Yes
f. Fice P°ac~rIIor x
?ecr^alknwh"I Fa CIIitIer x
It P[iol i s It! . i i t ies x
other x
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
4.
Signature:
Address: 75-143 HuaKIN Road, 4202 Kailua-Kona
Telephone: 3264675
Date: October 25, 2005
6337A/SDA P. D. 5/04
REZONING REQUEST
(CN-10 to RS-10)
SONNY VENTURES, LLC.
Kalaoa 5`h, North Kona, Hawaii, TMK: (3) 7-3-61: 1-12, 17, 18, por 19, 20-22, por
24, por 25, por 26, and por 50, por 501 (road lot), and por 503 (road lot)
1. GENERAL BACKGROUND
Sonny Ventures, LLC., a subsidiary of Westpro Development, Inc., is in the
process of developing a 184-lot single-family residential planned community
called Lokahi Makai and Lokahi Mauka, complete with a park and related
amenities. The subject area is generally mauka of the Queen Ka'ahumanu
Highway, in the land division of Kalaoa 5t', North Kona, Hawai'i, and south of
the lower or makai half of the Kona Palisades Subdivision. (Figures 1 & 2)
That section of the project located makai of Kakahiaka Street is referred to
as Lokahi Makai and would eventually consist of 119 lots. That portion
mauka of Kakahiaka Street is referred to as Lokahi Mauka and would consist
of 65 lots. All lots would be in excess of 10,000 square feet.
The project is being developed in five phases. (Figure 3) To date, phases I
and 2 have received final subdivision approval. With a few exceptions, all of
the lots have been sold or are in escrow. Phases 3 and 4 have received
tentative subdivision approval and are anticipated to receive final approval
within the next six months.
The area of the Lokahi community was originally part of a 125+ acre planned
residential community called Pu'uhonua. (Figure 4) That project would have
consisted of 600± multiple and single-family residential units and a
neighborhood commercial area. As such, the site was zoned Single-family
Residential (RS-10), Multiple-family Residential (RM-4), and Commercial-
Neighborhood (CN-10). (Figure 5)
The Lokahi community now no longer includes multiple-family residential and
commercial components. Because of a change in the project concept and
design, at least sixteen (16) of the proposed one hundred nineteen (119) lots
within the Lokahi Makai do not fall entirely within the RS-10 or RM-4 zoning
lines. As such, to make the lots fall completely in one or the other zoning
districts, the applicant then (Westpro Development, Inc.) requested and is
scheduled to receive a non-significant zone change approval from the
Planning Director upon approval of the subdivision for Phases 3 and 4 for
the following:
1
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Y
AMENDMENT TO THE ZONING CODE
AM>ENDING SECTION ZS-B7 (NOR-F" KONA ZONE MAI°)
ART, CLC- B, CHAPT>=R ZS (ZONING Coo=) OF THE
FtAWAtI COUNT> COD>=, D>' CHANSING THEE C))S;TrRlc---r
CLASSIPIOATION FTROM UNPLANNED (U) TO SINGLE
FAMILY T2CSIC) ENTIAL (R5-)0) AND (RS-15~; MULT)P~ E
FAtYi1Ly ?QESIDENTIAL (RM-4) AI`!L~ NCiGHC30T~110010
COMMEf?C1AL (CN-10~ AT KALAOA STH, NORTH
KONf., HAWAII.
pRL=PARE~ B7 FLAN NINE ~E1°A RTM ENT FIGURES
COUNT? of HA1NAl1
OCT- l.9 °JO
-7r it = 7-B - 10 = T°or?. oF= -,2 -7
C V u ~ T I I~ I I
26,593 square feet (.61+ acre) rezoned from Single-family Residential
(RS-10) to Multiple-family Residential (RM-4) and concurrently,
21,034 square feet (.482+ acre) rezoned from Multiple-family Residential
(RM-4) to Single-family Residential (RS-10).
f=urthermore, the 6.643-acre area zoned for a commercial development (CN-
10) has since been subdivided into single-family residential lots.
II. NATURE OF REQUEST
As noted earlier, the Lokahi community no longer includes a commercial
component. The commercial component would have been located on 6.643
acres of a portion of Phase 2 of the Lokahi community. This area has since
been subdivided and for the most part been sold. (Figure 6).
As such, the developer - on behalf of the owners of the affected properties -
is requesting the rezoning of this 6.643-acre area from CN-10 to RS-10.
This request affects a total of twenty-five (25) lots. There are (16) sixteen
single-family residential lots; portions of six (6) single-family residential lots, a
portion of a residential/park lot, and a portion of two (2) roadway lots.
III. PROJECT LOCATION
The overall project site is located generally mauka of the Queen
Ka'ahumanu Highway, in the land division of Kalaoa 5th, North Kona, Hawaii
and south of the lower or makai half of the Kona Palisades Subdivision.
The overall Lokahi project is bounded on the north by the Kona Palisades
Subdivision; the east by a 35-lot subdivision (Pu'uhonua Estates) with lots
ranging between 20,000 to 78,000 square feet; vacant private lands to the
south; and vacant State lands to the west or makai. More specifically, the
area of requested rezoning is located immediately mauka of the southerly
extension of Kakahiaka Street (Figure 3)
The Lokahi community covers an area of 68.257 acres and is being
developed in five (5) phases. To date, two phases (including the subject
area) have been granted final subdivision approval. Two other phases have
received tentative approval with an anticipated final approval within the next
six (6) months. The subject area formerly consisted of three parcels,
identified by TMK: 7-3-10: 47, 48, and 50. With the approval of the
subdivisions, the subject area has been assigned a new plat number and is
now referred to as TMK: 7-3-61.
2
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IV. PROJECT DESCRIPTION
A. Project Objectives
The basic objective of this project is the creation of a master planned,
affordable, pedestrian-friendly residential community called "Lokahi
This community would be designed in a manner that reflects the
island's unique Hawaiian culture, as well as its natural environment. It
is also intended to function and encourage a sense of community or
neighborliness among its occupants.
To that end, the planned community includes design statements -
such as landscaped entrances and building design - that help define
and distinguish this community from other developments. At the
same time, homes would be spaced and aligned in a manner where
view planes would be preserved and the natural airflow and light can
be taken advantage of.
Furthermore, the subdivision layout and the homes have been
designed in a manner so that greater personal interaction among
neighbors would be encouraged, while maintaining a greater sense of
open space. The open space would be enhanced by the
development of a community park, which would not only provide
active and passive recreational opportunities for homeowners and the
broader community, but foster greater interaction among neighbors.
Then, too, significant archaeological features on the site will be
preserved and integrated into the Lokahi community.
Then, too, a related objective is to create a pedestrian-friendly project.
This will be somewhat achieved through the streetscape and roadway
system. There will be a landscaped entry, circular roads, and
modified sidewalk system.
To accomplish these goals and the goal of affordable housing, a
Planned Unit Development (PUD) Permit was requested and
subsequently approved by the County Planning Department on
November 18, 2003.
B. Project Components
As outlined in Figure 3, the Lokahi community consists of the
following components:
3
184 single-family residential homes on lots no smaller than 10,000
square feet. Approximately 119 homes would be constructed on
the makai side of Kakahiaka Street and 65 homes on the mauka
side. Tentatively, there would be 3 basic home designs with some
spatial variations. These homes would have a 2-car carport and
lanai area.
4+ acre park site. This park would include a covered pavilion with
bathroom and kitchen facilities, an open field where soccer and
other activities can occur, barbecue areas, and a parking area to
accommodate between 10 to 20 cars. This area is identified as
Lot 505 on Figure 6.
Archaeological preserves. There would be at least 2
archaeological preserves, one of which would be adjacent to the
proposed park site and identified as Lot 507 on Figure 6.
Landscaped features, with an emphasis on native plants, at all 4
entrances to the project, as well as within the road rights-of-way.
Private or public circular roadways with a sidewalk section on one
side of the street, and landscaped swales on both sides of the
road. The swales will be landscaped with native trees and either
grassed or graveled with crushed rocks and native boulders. This
will help create a friendly, pedestrian-oriented streetscape.
V. ENVIRONMENTAL CONSIDERATIONS
A. Site Characteristics
The subject site is located along the westerly slopes of Hualalai. The
site ranges from an approximate elevation of 420 feet to 750 feet.
The grade is relatively gentle along the lower section and begins to
climb to about 10% near the top.
The average temperature varies between 72-80 degrees with higher
periods during the summer. The annual rainfall in the vicinity is about
20 inches.
B. Soils
According to the USDA Soil Conservation Soil Survey, the soils are
predominantly Punalu'u extremely rocky peat (rPYD); lava flows, Aa;
4
and lava flows, pahoehoe (rLW).
The Punalu'u extremely rocky peat is characterized by a 20-67
percent slope. It has rock outcrops that occupy between 40-50
percent of the surface. The surface layer is characterized by a 4-inch
layer of black peat that is underlain by Pahoehoe lava bedrock. While
the peat is rapidly permeable, the bedrock is slowly permeable,
although water moves rapidly through the cracks. Runoff is slow, and
the erosion hazard is slight. This type of soil is typically used for
grazing.
The pahoehoe and a'a lava flows have been mapped as a
miscellaneous land type. Generally, they do not have much soil
covering and is typically bare of vegetation.
The Land Study Bureau overall master productivity rating for the site
is "E"_ This refers to soils of very poor potential for agricultural
productivity. The site is not classified under the State's Agricultural
Land of Importance to the State of Hawaii (ALSIH) system.
C. Floral and Fauna Considerations
In conjunction with the boundary reclassification and rezoning process
in the early 1990's, a botanical survey was prepared by Winona Char.
The survey noted that for the most part, the general vegetation of the
site was open scrub at the upper elevations, changing mostly to
grassland at the lower elevations. The plan species included the
guinea grass, aloe vera, Christmas berry, jacaranda, African tulip
trees, koa-haole, and others.
An uhiuhi tree, which is considered endangered by both the State and
Federal governments, was found on the upper portion of the 125+
acre parcel. This tree is located outside of the Lokahi community.
At the same time, a faunal study was performed by Dr. Andrew
Berger. Dr. Berger concluded that there was no endemic ecosystem
in the area. After a field survey, he concluded that there would be no
significant impact on the biological resources of the area is anticipated
due to the proposed development.
D. Archaeological
An archaeological survey was conducted of the site by Paul
Rosendahl, Ph.D., Inc. (PHRI). Subsequently a detailed historic
5
preservation and mitigation plan was prepared. Based on the survey
and mitigation plan, the sites recommended for preservation have
been incorporated into the proposed park site within Lokahi Mauka
and a part of a lot within Lokahi Makai.
E. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai O Ka Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue. There are also no known trails that go through the
subject site.
According to the applicant's observations prior to and during the
construction phase of this project, no native Hawaiians was observed
visiting the site to gather plants or worship or traversing the site for
access to other parts in this area.
In the unlikely event that legitimate gathering claims are made by
native Hawaiians, the applicant intends to respect and honor such
claims and provide the needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
F. Drainage
The subject site is designated "X", area outside of the 500 year storm,
on the Federal Flood Insurance Rate map. Appropriate drainage
systems in conjunction with the subdivision process have and will
continue to be implemented to assure no on-site water is discharged
to adjoining properties.
G. Volcanic and Earthquake Hazards
The USGS classifies the area as Lava Flow Hazard Zone 4, on a
scale of ascending risk 9 to 1. The populated area of Kailua-Kona
also falls in this category, while the City of Hilo is classified Zone 3.
6
There is very little that can be done to mitigate this situation, except to
rely upon the County's Civil Defense system and respond accordingly.
The entire island of Hawaii falls within Earthquake Zone 4, according
to the Building Code. As such, appropriate structural requirements
will be taken during the building permit process to address this
potential seismic hazard.
VI. INFRASTRUCTURE CONSIDERATIONS
A. Road and Traffic
There will be multiple accesses from Ka'iminani Drive serving the
Lokahi project. These will be via Kakahiaka and Kapuahi Streets, as
well as a new proposed one through State land at the makai end of
the project site. Furthermore and pursuant to the zone change
conditions, there will be a mauka-makai connector road through the
project site. The roads are in the process of being constructed with a
sidewalk on one side of the street.
With the elimination of the commercial zone and conversion of this
area for single-family residential uses, traffic to and from this site
should be less than what was originally planned. `
B. Water
The project has the required water commitment from the Department
of Water Supply for this project. The water system improvements
have and will continue to be implemented in conjunction with the
subdivision approval process.
C. Wastewater
Individual wastewater system meeting with the approval of the State
Department of Health will be constructed for each of the lots by the
respective homeowners. Tentatively, this system will be a septic
system.
D. Solid Waste
Solid waste for the project will be handled through independent
contractors and disposed off into the County's landfill located at Pu'u
Anahulu.
7
E. Utilities and Services
Telephone, cable, and electrical services are available to service the
project.
F. Police and Fire Protective Services
Police and fire protective services are available within 3 miles of the
project site. The police station is located at Kealakehe, while the
nearest fire station is found in Kailua-Kona. There is a volunteer fire
station on the north side of Ka'iminani Drive, less than 800 feet from
the subject site. A new fire station is also being planned at the
Mamalahoa Highway, approximately a mile from the subject site.
VII. REGULATORY CONSIDERATIONS
A. Relationship to County General Plan
The existing zonings of the site (RS-10, RM-4, and CN-10) are
consistent with the County General Plan Land Use Pattern Allocation
Guide (LUPAG) map of Urban Expansion. This was confirmed when
the current zoning for this property was approved in 1991.
Although the area of the proposed residential development would be
allowed in the existing CN-10 zoning, its rezoning to RS-10 would
make the zoning more consistent the actual use of the lot. As such,
this project would implement the broader land use objectives sought
by the General Plan LUPAG map.
The requested RS-10 zoning would also be consistent with the goals,
policies, and standards of the General Plan document.
For one, it would provide short-term economic opportunities largely
through the construction of the subdivision. Some limited longer-term
opportunities could be created, largely in the area of maintenance of
the private roads and landscaping. The project should also add
revenues to the County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of wind patterns.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
8
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the
project should be negligible. Cesspools would not be used, and
instead a septic system or other alternative individual wastewater
system meeting with the approval of the State Department of Health
will be used to address potential groundwater and coastal water
concerns. If required, a solid waste management plan could be
prepared and implemented. The project will also not be a noisy one,
as residents would come to this area to enjoy its tranquillity. Any
noise-generating facility - such as air conditioners - would be carefully
placed to minimize their noise impacts.
The site is designated Zone X, areas of minimal hazard.
Nonetheless, in conjunction with the subdivision review process, a
drainage system has been designed and continues to be
implemented to address these concerns. This system has been
designed in a manner to protect the property as well as to minimize
the volume of surface runoff generated by this development.
Although the Lokahi community has some historic sites, the
appropriate mitigation plan has been prepared and implemented.
Those sites recommended for preservation will be preserved, as
noted on the site plan. Furthermore, work will cease if unanticipated
archaeological remains are discovered during the construction of the
project; and work will resume only after proper clearance from the
State and/or County has been received.
Given the surrounding uses, it would appear unlikely that this site
would serve as a habitat for any rare or endangered animal life.
However, an uhihi plant was discovered outside of the subject site.
This will have to be addressed in the development of that property.
The project will create additional affordable homes. It should help to
diversity the type of homes in the region, while reducing pressures for
the premature conversion of the area's better agricultural lands. In so
doing, it would implement the housing element of the General Plan.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project will be designed in a
manner so as to have it blend as much as possible with the existing
terrain.
9
As the project site is more than two (2) miles from the ocean, the
usual coastal resources concern is not pronounced. There will be
no interference with shoreline access. Then, too, through the use of
septic system, impacts to the coastal water will be minimized.
There will be little impact to public facilities. The wastewater system
will be private. The water system will be developed in a manner
meeting with the requirements of the Department of Water Supply.
Vehicular access to the site will be fully improved by the applicant.
Schools and other public facilities are also located proximate to the
site, most of them being less than three (3) miles away.
Finally, in terms of land use, the project would be consistent with the
LUPAG map. It would also be generally compatible with the
surrounding area. RS-10 zoning and/or lots essentially abut the site
to the north and east.
B. Relationship to Development Plans
The draft Kona Regional Plan and the K to K Plan both suggest a Res
4 (4-units/acre) density. The proposed RS-10 zoning would be
consistent with those designations. The request would be fulfilling
the land use concept and objectives of those documents.
C. County Zoning
The zoning of the requested area is CN-10. To avoid having to create
lots with split-zoning while making the zoning conform to the actual
residential use of the property, the applicant - on behalf of the
affected property owners - has filed this rezoning application.
D. Other Permitting Considerations
The site is outside of the County Special Management Area. As such,
no SMA permit is required.
Should the requested zoning be approved, then, final approval of the
applicant's proposed subdivision now on file can be acted upon.
10
VIII. JUSTIFICATIONS FOR REQUEST
A. Agricultural Impact
As the site is classified "E" on the Land Study Bureau's map and
considered "Prime Agricultural Land" under the ALISH classification
system, it has very poor agricultural resource potential. As such, this
action would not militate against the State and County's long-term
agricultural objectives.
Additionally, the site is already zoned for urban type of uses, which
include commercial and single and multiple-family residential uses.
The surrounding areas are also developed with homes.
Then, too, the site has not been used actively for any agricultural
pursuits over the past twenty (20) years. The request would thus not
result in the removal of any cultivated land. These and other related
factors were the reasons this area was designated Urban by the State
Land Use Commission and rezoned accordingly.
B. Infrastructure Considerations
All of the required infrastructure to support this project are or can be
readily made available.
Water is available; the owners in conjunction with the building permit
process will install wastewater system meeting with the requirements
of the State Department of Health; and all other utilities are available
to the site.
Access to the subject site is readily available through two streets. In
this situation, the primary access would be Kakahiaka Street, and its
extension has been improved by the applicant. The applicant will also
install all other required on-site infrastructure meeting with the
approval of the County.
C. Environmental Considerations
The site has been surveyed by an archaeologist, and appropriate
mitigation has and/or will be taken in conjunction with the
development of this project. There are no known trails through the
subject site.
11
Flora and fauna studies were done of the site. There was an uhi'uhi
tree found on the mauka side of this area, but outside of the project
area. The respective owner of that property, as required by the zone
change condition, must protect this tree.
Then, too, the site is not designated as being within a floodway. It is
zoned "X" on the Flood Insurance Rate Map.
D. Relationship to Planning Policy Documents
The request would be consistent with the County General Plan urban
expansion designation- Single family residential uses are allowed in
this designation.
Further, the surrounding area is zoned RS-10. As such, the
requested zoning and development would be compatible with that
zoning and existing surrounding uses.
The site is located close to the required government services such as
schools and police and fire protective services. All required
infrastructure is available to the site.
12
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO HAWAII
DATE:January 23, 2006
Memorandum
TO Christopher J. Yuen, Planning Director
FROM Galen M. Kuba, Division Chief`
Engineering Division
SUBJECT: Change of Zone Application (REZ 05-000030)
Applicant: Sonny Ventures, LLC
TMK: 7-3-061: 1-10, 17, 18, 20-22, pors of 11, 12, 19, 24-26, 50, 53 & 54
We reviewed the application and have no comments on or objections to the request.
If you have any questions, please call Kiran Emler of our Kona office at 327-3530.
KE
c: ENG-HILO/KONA
PLNG-KONA
EXHIBIT
Harty Kira
Darryl J_ Oliveira
t(nrw r''{ Pira Chia]
!~~b t'Ily 1 l O'n, Desmond K. Wery
t riar~,y rbe a..
`'Ui'` VVAII~T (fottntp of ~k)awai`i
FIRE DEPARTMENT
25 Aupuni Street • Suite 103 • Hilo, 1H,,ai'i 46720
(808) 961-8297 . Far (808)961 8296
January 5, 2006
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT. CHANGE OF ZONE APPLICATION (R.EZ 05-000030)
APPLICANT: SONNY VENTURES, LLC
REQUEST: CN-10 TO RS-10
TAX MAP KEY: 7-3-61:1-10,17,18,20-22; porn of 11,12,19,24-26,50,53&54
In regards to the above-mentioned Change of Zone application, the following shall be in
accordance:
Fire apparatus access roads shall be in accordance with I TC 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).
EXHIBIT (p q = P"
009G T TARE Dt`
Hwv,i'l Cmiet y o au Fquid Opportwatil Provider eud Fnploiler.
Christopher J. Yuen
January 5, 2006
Page 2
'3. When there arc 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 ofterrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. Fhe unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(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.
"(t) 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 Cor a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher I Yuen
January i, 2006
Pa- i
"(k) Obstruction. The required width of any tiro 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.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall
he 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 10301(c).
"(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.
4ARR O VR
Fire Chief
JCp:lpc
.-1 .
'
I INOA LIPIGLE iy n.
"IVFRNOR OF HA'NAII ~1~ r,T -9 CHIIYOME LU Fl11N0, 0AD
m d/ U, 11 IFA
PL
STATE Of HAWAII 4A11
DEPARTMENT OF HEALTH In reply, Please refer to
ao HPo, AWAII EPO-06-009
HJVLI II W, HAWAII 96801 3378
January 25, 2006
Mr. Chri stopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
SUBJECT: Change of Zone Application (REZ 05-000030)
Applicant: Sonny Ventures, LLC
Request: CN-10 to RS-10
North Kona, Hawaii
TMK: (3) 7-3-061: 1-10, 17, 18, 20-22; portions of 11, 12, 29, 24-26, 50, 53 & 54
Thank you for allowing us to review and comment on the subject document. The document was
routed to the various branches of the Environmental Health Administration. We have the
following Wastewater Branch and Environmental Planning Office comments.
Wastewater Branch
We have reviewed the subject document which proposes to develop a 184-lot single-family
residential planned community called Lohkahi Makai and Lohaki Mauka, complete with a park
and related amenities. The project is being developed in five (5) phases.
The subject project is located in the Critical Wastewater Disposal Area (CWDA) with five (5)
acre lot exception as determined by the Hawaii County Wastewater Advisory Committee. Please
find enclosed an informational sheet of the main TMKs where there is a septic tank file for each.
Therefore, as domestic wastewater treatment has been addressed and will be handled by a
treatment individual wastewater treatment system for each lot, we have no objections to the
Change of Zone Application.
All wastewater plans must conform to applicable provisions of the Department of Health's
Administrative Rules, Chapter 11-62, "Wastewater System." We do reserve the right to review
the detailed wastewater plans for conformance to applicable rules. Should you have any
questions, please contact the Planning & Design Section of the Wastewater Branch at (808) 586-
4294.
EXHIBIT
._189
Mr. Yuen
January 25, 2006
Page 2
Environmental Planning Office
Please note that some of the following issues may not apply to your particular proposed project
or requested action. Should you have any questions about the applicability of the listed concerns
or the particular environmental programs administered by our office, please feel free to contact
us.
To facilitate TMDL development and implementation, and to assist with our assessment of the
potential impact of proposed actions upon water quality, pollutant loading, and biological
resources in receiving waters, we suggest that environmental review documents, permit
applications, and related submittals include the following standard information and analyses.
Please note that these comments are also listed on our website:
www.state.hi.us/health/en_vironmental/env-Plannin /Ian use/l n use.html. We suggest that you
also review other Standard Comments on this website.
Waterbody type and class
1. Identify the waterbody type and class, as defined in Hawaii Administrative Rules Chapter
11-54 (http://www.state.hi.us/health/about/rules/11-54.pdf), of all potentially affected
water bodies. Potentially affected water bodies means those in which proposed project
activities would take place and any others that could receive water discharged by the
proposed project activity or water flowing down from the proposed site. These
waterbodies can be presented as a chain of receiving waters whose top link is the project
site upslope and whose bottom link is in Pacific Ocean "oceanic waters," with all
receiving waters named according to conventions established by Chapter 11-54 and the
List of Impaired Waters in Hawaii Prepared under Clean Water Act § 303(d). For
example, a recent project proposed for Nuhelewai Stream, Oahu (a tributary of Kapalama
Canal) might potentially affect Nuhelewai Stream, Kapalama Canal, Honolulu Harbor
and Shore Areas, and the Pacific Ocean.
Existing water quality management actions
2. Identify any existing National Pollutant Discharge Elimination System (NPDES) permits
and related connection permits (issued by permittees) that will govern the management of
water that runs off or is discharged from the proposed project site or facility. Please
include NPDES and other permit numbers; names of permittees, permitted facilities, and
receiving waters (including waterbody type and class as in 1. above); diagrams showing
drainage/discharge pathways and outfall locations; and note any permit conditions that
may specifically apply to the proposed project.
3. Identify any planning documents, groups, and projects that include specific prescriptions
for water quality management at the proposed project site and in the potentially affected
Mr. YUen
January 25, 2006
Page 3
waterbodies. Please note those prescriptions that may specifically apply to the proposed
project.
Pending water quality management actions
4. Identify all potentially affected water bodies that appear on the current List of Impaired
Waters in Hawaii Prepared under Clean Water Act §303(d) including the listed
waterbody, geographic scope of listing, and pollutant(s) (See Table 5 at
ht[P://Wwwh"iwaii_gw/health/environmcn_tt_~d/envj arming/worn/303dpcfinal.pdt).
5. If the proposed project involves potentially affected water bodies that appear on the
current List of Impaired Waters in Hawaii Prepared under Clean Water Act §303(d),
identify and quantify expected changes in the following site and watershed conditions
and characteristics
• surface permeability
• hydrologic response of surface (timing, magnitude, and pathways)
• receiving water hydrology
• runoff and discharge constituents
• pollutant concentrations and loads in receiving waters
• aquatic habitat quality and the integrity of aquatic biota
Where TMDLs are already established they include pollutant load allocations for the surrounding
lands and point source discharges. In these cases, we suggest that the submittal specify how the
proposed project would contribute to achieving the applicable load reductions.
Where TMDLs are yet to be established and implemented, a first step in achieving TMDL
objectives is to prevent any project-related increases in pollutant loads. This is generally
accomplished through the proper application of suitable best management practices in all phases
of the project and adherence to any applicable ordinances, standards, and permit conditions. In
these cases we suggest that the submittal specify how the proposed project would contribute to
reducing the polluted discharge and runoff entering the receiving waters, including plans for
additional pollutant load reduction practices in future management of the surrounding lands and
drainage/discharge systems.
Proposed Action and Alternatives Considered
We suggest that each submittal identify and analyze potential project impacts at a watershed
scale by considering the potential contribution of the proposed project to cumulative, multi-
project watershed effects on hydrology, water quality, and aquatic and riparian ecosystems.
Mr. Yuen
January 25, 2006
Page 4
We also suggest that each submittal broadly evaluate project alternatives by identifying more
than one engineering solution for proposed projects. In particular, we suggest the consideration
of "alternative," "soft," and "green" engineering solutions for channel modifications that would
provide a more environmentally friendly and aesthetically pleasing channel environment and
minimize the destruction of natural landscapes.
If there are any questions about these comments please contact Jiacai Liu with the Environmental
Planning Office at 586-4346.
Sincerely,
Kelvin Sunada, MANAGER
Environmental Planning Office
Enclosures: Septic Tank File Information
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KAPOLEI, HAWAII 96707
January 25, 2006
Christopher Yuen, Planning Director LOG NO: 2006.0012
Hawaii County Planning Department DOC NO: 060IMM06
101 Pauahi Street, Suite 3 Archaeology
Hilo, Hawaii 96720
Dear Mr. Yuen:
SUBJECT: Chapter 6E-42 Historic Preservation Review -
Change of Zone Application (REZ05-000030), Sonny Ventures, LLC
Kalaoa 5n` Ahupua`a, North Kona District, Island of Hawaii
TMK: (3) 7-3-061:001.010, 017, 018, 020-022; pors of 011, 012, 019, 024-026,050-053
1. We believe there will be no historic properties affected, because:
a) intensive cultivation has altered the land
b) residential developmentlurbanization has altered the land
c) previous grubbing/grading has altered the land
d) an acceptable archaeological assessment or inventory survey found no historic properties
x e) this project has gone through the historic review process, and mitigation has been completed
Tf) other:
In the event that historic resources, including human skeletal remains, are identified during routine
construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be
protected from additional disturbance, and the State Historic Preservation Division, Hawaii Section, needs
to be contacted immediately at (808) 327-3690.
Aloha, J
Melan men, Administ ator
State Historic Preservation ' 'sion
MM:dlb
EXHIBIT 010301
KONA TRAFFIC SAFETY CC>ALUITTEE
75-344 Nani Kailua Dr, Kailua-Kona, HI 96740 (808) 331-0441
February 3, 2006
Chris Yuen, Director
Hawaii County Department of Planning
25 Aupuni Street,
Hilo, Hawaii 96720
Re: Change of Zone Application (REZ 05-000030)
Sonny Ventures, LLC
Dear Mr. Yuen:
Mahalo for requesting the Kona Traffic Safety Committee's comments on the subject
application by Sonny Ventures, LLC, a subsidiary of Westpro Development, for change
of zone from Commercial Neighborhood (CN-10) to Single Family Residential (RS-10)
for 6.643 acres mauka of Hwy 19, makai of Kakahiaka Street, and south of Ka'iminani
Street. We understand that because the planned development, "Lokahi Makai," no
longer includes a commercial component, rezoning is being sought for this parcel to
assure that the 25 residential units in this 6.643 acre parcel will be taxed at the
residential, not the commercial, rate.
We have studied the application and believe that the rezoning of this portion of the
Lokahi development from commercial to residential will not add to traffic volume and
therefore have no comments at this time. We note, however, that removing the
commercial component of the development will require residents to travel to purchase
groceries and other goods that would otherwise have been available within walking
distance in their neighborhood.
Thank you for allowing our late response to your request for comments. As we indicated
in our e-mail last week, your request did not reach us until Monday, January 23, because
of an incorrect address.
Sincerely yours,
Joel E. Gimpel
Chair, Public Affairs
Cc: Members, Kona Traffic Safety Committee
Angel Pilago
Pete Hoffman
EXHIBIT
X19 1 Y'V'd t "I ~ ~ ;r;n5udanl
100 Pauahi Street Suite 21' "110 Hawaii 96720 €~QO FEB 11 . nlammng • Variance • Zoning
Telephone- (808) 969 1522 f ne (808) 969-7996 ' 1 30 • Subdivision • Land Use Permits
E-mail . sidfuket7o verizon net - • PLr"slvmP! Environmental Reports
COUtV i l a~i HAWAII
February 6, 2006
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAI I
101 Pauahi Street
Hilo, Hl 96720
Dear Mr. Yuen:
Subject: Rezoning Request (REZ 05-000030) - Sonny Ventures, LLC
TMK: 7-3-61: 1-10 et al.
Thank you for providing me with a copy of agency comments to date regarding
the subject application.
As you are aware, the area covered by this zone change has already been
subdivided, and most of the lots have been sold. This request is essentially to make the
existing commercial zoning consistent with the intended residential. Accordingly, the
existing permits and/or approvals, such as grading permit, subdivision approval, and the
like, have already addressed pertinent the infrastructure and other related concerns.
Understandably, then, the comments of the Fire Department and State Department
of Health have already been addressed and accounted for in the prior permits (grading,
UIC, etc.) and approvals (subdivision).
We also acknowledge that neither the Police Department nor the State
Department of Hawaiian Home Lands had any comments or objections to the request.
Should you have additional comments or questions regarding this matter, please
feel free to contact me. Thank you very much.
Sincerely,
STD Y M. FUKE
Planning Consultant
Copy - Mr. Bill Brooks w/ enclosures
EXHIBIT
RSonnyRU doc -2/7/06
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
SONNY VENTURES, LLC
CHANGE OF ZONE APPLICATION (REZ 05-030)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation of the request for a Change of Zone 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. This favorable recommendation is based on the following
findings:
The applicant is requesting a Change of Zone from Neighborhood Commercial
10,000 square feet (CN-10) to Single-Family Residential (RS-10). The total acreage of
the 24 lots is approximately 6.643 acres and includes 15 single-family residential lots;
portions of 6 single-family residential lots, a portion of a park lot, and a portion of two
roadway lots.
The project area is identified as Phase 2 of a 184-lot single-family residential
development called Lokahi Makai and Lokahi Mauka. The project is being developed in
five phases, and Phases 1 and 2 have received final subdivision approval. The project
area is identified as a portion of Phase 2 (Subdivision No. 7939). Phases 3 and 4 have
received tentative subdivision approval. The area of the Lokahi project was originally
part of a 125+ acre planned residential community consisting of approximately 600
multiple and single-family residential units and a neighborhood commercial area. The
site was zoned RS-10, RM-4 and CN-10. Because of a change in project concept and
design, the development no longer includes the multiple-family and commercial
components. Since the project area was already subdivided into single-family lots, the
CN zoning is no longer applicable. The objective of this request is to more accurately
reflect the actual use of the lots within the subdivision.
relationship among the various land uses. The project area is designated Urban
Expansion Area, which allows for a mix of high density, medium density, low density,
industrial, industrial-commercial 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 RS zoning would be compatible with
the Urban Expansion Area designation.
The properties are located within an area adequately served with essential
services and facilities. There will be multiple accesses from Kaiminani Drive serving
the project area. The accesses will be via Kakahiaka and Kapuahi Streets, as well as a
new proposed street through State land at the makai end of the project site. There will be
a mauka-makai connector road through the project site. The roads are under construction
with a sidewalk on one side of the street. County water is available to the properties.
The subdivision will be serviced by individual wastewater systems meeting the standards
and requirements of the Department of Health. Electric and telephone services are
available to the project area. Police and fire services are available within three miles of
the project site. Medical services are available at the Kona Community Hospital in
Kealakekua
The request is not contrary to objectives and policies as provided by Chapter
205A, Hawaii Revised Statutes and Special Management Area guidelines contained
in Rule No. 9 of the Planning Commission Rules of Practice and Procedure. The
project site is not proximate to the shoreline and will not be impacted by coastal hazard
and beach erosion. Thus, no shoreline processes will be affected by the proposed action.
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. A botanical survey
dated December 1988 was prepared by Winona Char in conjunction with the initial
rezoning of the property in 1990. The survey noted that the general vegetation on the site
was open scrub and grassland. Species identified included the guinea grass, aloe vera,
Christmas berry, jacaranda, African tulip trees and koa-haole. An uhi uhi tree,
considered endangered by the State and Federal government, was located outside of the
-3-
Lokahi project area. Dr. Andrew Berger conducted a faunal study, and concluded that
there was no endemic ecosystem in the area. It is not anticipated that endangered or
threatened candidate species of flora or fauna are located within the property, and the
area has not been identified as a significant botanical or biological habitat.
According to the applicant, "prior to and during the construction phase of this
project, no native Hawaiians were observed visiting the site to gather plants or worship or
traversing the site for access to other parts in this area." In the event that legitimate
gathering claims are made by native Hawaiians, the applicant intends to respect and
honor such claims and provide the needed access within the site. It is not anticipated that
the proposed request will have any adverse impact on cultural resources in the area.
The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone
"X," areas outside the 500-year flood plain. No formal archaeological study was
submitted. The applicant states that "the site has been surveyed by an archaeologist, and
appropriate mitigation has and/or will be taken in conjunction with the development of
this project." By letter dated November 30, 2005, the applicant requested a "no effect"
letter. By letter dated January 25, 2006, the DLNR-HPD responded that "no historic
properties will be affected because this project has gone through the historic review
process, and mitigation has been completed." Given the subdivision's urban setting, the
presence of any known rare, threatened, or endangered species or endangered flora] and
fauna species is remote. The subdivision is not used for access to the mountains or
shoreline and no access to these areas will be impacted by the proposed action.
In view of the recent Hawaii State Supreme Court's " PASH" and "Ka Pa'akai O
Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: As the project area is already subdivided, no
formal archaeological, cultural or botanical survey was included with the request.
• The valued cultural, historical, and natural resources found in the rezoning area:
Regarding historical resources in the area, the HPD has stated that the project has
gone through the historic review process, and mitigation has been completed.
-4-
According to the applicant, "prior to and during the construction phase of this
project, no native Hawaiians were observed visiting the site to gather plants or
worship or traversing the site for access to other parts in this area." In the event
that legitimate gathering claims are made by native Hawaiians, the applicant
intends to respect and honor such claims and provide the needed access within the
site. Given the subdivision's urban setting, the presence of any known rare,
threatened, or endangered species or endangered floral and fauna species is
remote.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by construction or ground alteration. A botanical survey prepared by
Winona Char in conjunction with the initial rezoning of the property in 1990
identified no endangered species. Similarly, a faunal study conducted by Dr.
Andrew Berger identified no endemic ecosystem in the area.
• Feasible actions to protect native Hawaiian rights: The applicant states that in the
event that legitimate gathering claims are made by native Hawaiians, such claims
will be honored and access will be provided to the site.
Based on the above findings, this request to reclassify the properties from
Neighborhood Commercial 10,000 square feet (CN-10) to Single-Family Residential
10,000 square feet (RS-10) would result in an appropriate land use pattern and further
benefit the general public.
The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map),
Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please
note the proposed conditions of approval attached to the draft bill.
-5-
According to the applicant, "prior to and during the construction phase of this
project, no native Hawaiians were observed visiting the site to gather plants or
worship or traversing the site for access to other parts in this area." In the event
that legitimate gathering claims are made by native Hawaiians, the applicant
intends to respect and honor such claims and provide the needed access within the
site. Given the subdivision's urban setting, the presence of any known rare,
threatened, or endangered species or endangered floral and fauna species is
remote.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by construction or ground alteration. A botanical survey prepared by
Winona Char in conjunction with the initial rezoning of the property in 1990
identified no endangered species. Similarly, a faunal study conducted by Dr.
Andrew Berger identified no endemic ecosystem in the area.
• Feasible actions to protect native Hawaiian rights: The applicant states that in the
event that legitimate gathering claims are made by native Hawaiians, such claims
will be honored and access will be provided to the site.
Based on the above findings, this request to reclassify the properties from
Neighborhood Commercial 10,000 square feet (CN-10) to Single-Family Residential
10,000 square feet (RS-10) would result in an appropriate land use pattern and further
benefit the general public.
The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map),
Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. Please
note the proposed conditions of approval attached to the draft bill.
-5-
CSonnyREZ doo2/706
SONNY VENTURES, LLC
CHANGE OF ZONE APPLICATION (REZ 05-030)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Restrictive covenants in the deeds of all lots within the subject area shall prohibit
the construction of a second dwelling unit on each lot. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to
the Planning Director for review and approval within one year from the effective
date of this ordinance. A copy of the approved covenants shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances for any portion of the subject property(ies). A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
C. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
State Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
SHPD when it finds that sufficient mitigation measures have been taken.
D. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
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COUNTY OF HAWAII STATE OF HAWAII
1YF OI N'~
BILL NO.
ORDINANCE NO.
(PLANNING DEPT)
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANG[NG "THE DISTRICT CLASSIFICATION FROM
NEIGHBORHOOD COMMERCIAL (CN-10) TO SINGLE-FAMILY RESIDENTIAL (RS-10)
AT KALAOA 5t°, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-61: 1-10,
17,18,20-22, POR. 11, 12,19,24-26,50,53,54.
BE IT ORDAINED BY THE CO[1NCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai` i County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kalaoa 5th, North
Kona, Hawaii, shall be Single Family Residential (RS-10):
Beginning at the Southwesterly corner of this parcel of land, along the Northerly
side of Homestead Road, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA", being 7,657.68 feet South
and 20,806.56 feet West, and running by azimuths measured from true South:
1. 202° 10' 00" 650.94 feet along the remainder of Lot R-3 of
Pu`uhonua Subdivision - Phase 11,
Increment 1-A (File Plan 2327), being also
along the remainder of Grant 2972 to
Kaapau and Kama;
2. 292° 10' 00" 510.00 feet along the remainder of Lot 12 of
Pu`uhonua Subdivision - Phase 11,
Increment 1-A (File Plan 2327), being also
along the remainder of Grant 2972 to
Kaapau and Kama;
-1-
22' 10' 00" 483.79 feet along the remainder of Lot 12 of
Pu'uhonua Subdivision Phase fl,
Increment I -A (File Plan 2327), same being
also along the remainder of Grant 2972 to
Kaapau and Kama;
4. 94' 01' 14" 536.69 feet along the Northerly side of Homestead
Road to the point of beginning and
containing an area of 6.643 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-2-
SECT[ON 4_ This onlmancC ;hall IAC cllcct upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF IIAWAf`I
Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
-3-
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6.643 ACRES
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RS-10 RM-4
710 355 0 710 1 420 2,130 2 840 3 550
Feet
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
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM NEIGHBORHOOD COMMERCIAL (CN-10)
TO SINGLE-FAMILY RESIDENTIAL (RS-10)
AT KALAOA 5th, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK. 7-3-061 ()01-010,17,18,20-22, and Portions of 11 12, 19. 24-26, 50, 53 and 54 Date: December 21 200
EXHIBIT "A" (Sonny Ventures, PLC 1189)