HomeMy WebLinkAboutCOM 0950.000 2004-2006
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Harry Kim Dixie Kaetsu
Mayor Managing Director
Barbara Kossow
• Sri oi'M~'~~ Deputy Managing Director
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-0252 • (808) 9615211 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 326-5663
June 19, 2006 ,
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Honorable Stacy Higa, Chairman
and Members of the County Council -
County of Hawaii
25 Aupuni Street
Hilo, HI 96720 __j
Dear Chairman Higa and Members:
General Plan Interim Amendments
~Ahange of Zone Application (REZ 03-032)
Applicant: Jack & Barbara Umphrey
Request: RS-7.5 to CV-7.5
Tax Map Key: 7-9-3:61
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,
Cu__~?
Harry Kim
Mayor
L052606
Enclosures
cc: Planning Department
Comm. No. qC0
LL 302 \ Ref. To:
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax(808)961-8742
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June 19, 2006 i)
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii --a
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Change of Zone Application (REZ 03-032)
Applicant: Jack & Barbara Umphrey
Request: RS-7.5 to CV-7.5
Tax Map Key: 7-9-3:61
The Planning Commission at its duly held public hearing on May 26, 2006, considered
the Change of Zone application filed by Jack & Barbara Umphrey for approximately
25,580 square feet of land from a Single Family Residential-7,500 square feet (RS-7.5) to
a Village Commercial-7,500 square feet (CV-7.5) district. The property is located along
the east (mauka) side of Mamalahoa Highway and across from Saint Paul Road,
approximately 430 feet south of Teshima Restaurant, Kawanui 1 st, Honalo, Hawaii.
A motion was made to send a favorable recommendation with amendments to the County
Council. There were three votes in favor of the motion and three against. Therefore, the
motion did not pass. No other motions were made.
The three to three 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 you with this unfavorable recommendation, along with a copy of the
hearing transcript and background report.
The Planning Director's favorable recommendation, along with a draft bill and proposed
conditions with amendments are also enclosed for your consideration.
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
Page 2
Should you have any questions, please feel free to contact Norman Hayashi of the
Planning Department at 961-8288, ext no. 205.
Sincerely,
C. imo Chairman
Planning Commission
cc: Stephen J. Menezes, Esq.
Jack & Barbara Umphrey
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
BUmphry-RE7M3-032 jwd 03-04-04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JACK AND BARBARA UMPHREY
CHANGE OF ZONE APPLICATION (REZ 03-032)
JACK AND BARBARA UMPHREY has submitted an application for a Change of Zone for
25,580 square feet of land from a Single Family Residential-7,500 square feet (RS-7.5) to a
Village Commercial - 7,500 square feet (CV-7.5) district. The property is located along the east
(mauka) side of Mamalahoa Highway and across from Saint Paul Road, approximately 430 feet
south of Teshima Restaurant, Kawanui V, Honalo, North Kona, Hawaii, TMK: 7-9-3:61.
APPLICANT'S REQUEST
1. Request: The applicants are proposing to rezone 25,580 square feet of land from a
Single-Family Residential-7,500 square feet (RS-7.5) district to a Village Commercial-
7,500 square feet (CV-7.5) district to allow the establishment of offices and commercial
facilities. The applicants propose to convert the existing dwelling into offices and erect
two smaller buildings along the eastern edge of the property for mixed-use purposes. No
specific use has been identified at this time. Additionally, the applicants propose to
install an approximate 27-space parking lot, including 2 handicap spaces, to serve the
buildings. The proposed commercial areas are intended to serve a mauka Kona market.
The applicants are the owners of the property and have submitted the attached in support
of the request. (See Exhibit A - Change of Zone application dated October 14, 2003).
STATE AND COUNTY PLANS
2. State Land Use Designation: Urban.
3. General Plan Consistency: Land Use (Commercial) and Economic elements.
4. GP Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density Urban.
5. Kona Regional Plan: Village Commercial.
6. County Zoning: Single Family Residential - 7,500 square feet (RS-7.5).
7. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies
within the Coastal Zone Management Area. The intent of the Coastal Zone Management
Program is to guide and regulate public and private uses in the Coastal Zone Management
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area with respect to recreational resources, historic resources, public access to the
shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazards, managing development, public participation, and beach
protection. The property is located approximately two miles from the shoreline.
8. Special Management Area: The property is not situated within the Special
Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is a 25,580-square foot rectangular-shaped lot located
on the east (mauka) side of Mamatahoa Highway, across from Saint Paul Road and
approximately 430 feet south of Teshima Restaurant in Honalo. Located on the property
is a 3 bedroom/2 bath dwelling that was built in 1997 and another dwelling that was built
in 1940.
10. Surrounding Land UsesPLoning: Surrounding lands are in single-family residential,
agricultural and commercial uses. To the north are properties zoned CV-7.5 and V-1.25,
which has a service station named Honalo Shell Food Mart, Teshima's Restaurant and the
Honalo Business Center. To the east are properties zoned RS-7.5 and A-5a., To the south
are properties zoned A-5a and to the west are properties are zoned CV-7.5, RS-7.5 and
RS-15.
11. Commercial Rezonings in the Area:
• TMK: 7-9-14:14, Ordinance No. 69 10 (REZ 83) effective October 15, 1969, RS-7.5
to CV-7.5 to Teshima Enterprises.
• TMK: 7-9-14:13, Ordinance No. 71 419 (REZ 113) effective August 11, 1971, RS-
7.5 to CV-7.5 to Henry Nelson.
• TMK: 7-9-3:32, Ordinance No. 81 667 (REZ 381) effective February 10, 1981, RS-
7.5 to CV-7.5 to David Basque.
• TMK: 7-9-14:3, Ordinance No. 83-875 (REZ 438) effective April 26, 1983, RS-15 to
CV-7.5 to Berne Hal-Mann.
12. Elevation: The property is located at 1,450 feet above mean sea level and is moderately "
sloped.
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13. U.S.D.A. Soil Type: Kona Soil Series (rKYD). This soil type is characterized by rapid
permeability, medium runoff and slight erosion hazard.
14. Land Study Bureau's Productivity Rating: Urban.
15. FIRM: Zone "X", an area situated outside of the 500-year flood area.
16. Flora/Fauna: According to the applicant, a botanical study of the subject property was
conducted on May 17, 2002. There were no threatened or endangered plant species
present and no rare species or ecosystems present or nearby. The known mammals in the
area include mongoose, rat and mouse.
17. Archaeological/Cultural/Historical Resources: No archaeological inventory survey
has been prepared, as the property was previously grubbed and graded for residential use.
By letter dated January 20, 2004, the Department of Land and Natural Resources-State
Historic Preservation Division (DLNR-SHPD) determined that previous
grubbing/grading has altered the land, and therefore "no historic properties will be
affected" by this undertaking.
18. Recreational/Visual Resources: The property is not adjacent to and/or proximate to the
shoreline.
19. Public Access: There is no public access to the mountains or the shoreline that traverses
the property.
UTILITIES AND SERVICES
20. Access: Access to the property is proposed to be from Mamalahoa Highway, a County-
owned highway. The applicant does not anticipate a measurable increase in vehicular
traffic along Mamalahoa Highway as a result of this requested change of zone. The
proposed commercial uses are intended to serve the mauka Kona area and will help
alleviate some traffic by reducing the need for residences to travel to Kailua-Kona for
commercial services. In addition, the construction of the proposed Mamalahoa Highway
By-Pass Road would significantly reduce the existing high traffic volume traveling the
Mamalahoa Highway fronting the subject property. Based on a site inspection, a private
access road located on the south boundary of the property is being used as access to the -
property at this time.
21. Water: According to the Department of Water Supply, although there is water available
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for consumption via an 8-inch waterline along Mamalahoa Highway, it does not meet the
fire-flow requirements for commercial zoning. Therefore, water is currently not available
for the proposed application.
22. Wastewater: The property has no access to a County sewer line. Sewage will be
disposed of by individual wastewater systems meeting the standards and requirements of
the State Department of Health.
23. Utilities and Services: The nearest police station is located in Captain Cook,
approximately four miles from the property. There is a fire station in Captain Cook,
approximately four miles away, and a fire station in Keauhou, approximately two miles
from the property. Electric and telephone services are available to the site.
AGENCIES' COMMENTS
24. Department of Water Supply (March 31, 2003 Memorandum):
"As the application indicates, water for consumption is available from the 8-inch
waterline in Mamalahoa Highway although it does not meet the fire-flow requirements.
In accordance with the Department's 2002 Water System Standards, the existing 8-inch
waterline in Mamalahoa Highway will need to be upgraded to a 124nch waterline to meet
the fire-flow requirements for commercial zoning. A detailed analysis of the existing
water system will need to be done prior to establishing all the improvements necessary to
meet the fire-flow requirements, such as the length of 12-inch waterline and if storage
and booster pumps will also need to be increased. Therefore, water is currently not
available for the proposed application."
25. Department of Environmental Management - Solid Waste Division (December 29,
2003 Memo):
"Commercial operations may not use transfer stations for disposal. Aggregates and any
other construction/demolition waste should be reused to its fullest extent. Ample room
should be provided for recycling."
26. Police Department (January 12, 2004 Memorandum):
"Staff has no comments on the change of zone application, however, does have concerns
on the likelihood of increased traffic congestion during peak traffic hours."
27. Department of Land and Natural Resources-State Historic Preservation Division
(January 20, 2004 Letter):
"We believe there are no historic properties present because previous grubbing/grading
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has altered the land. Thus, we believe that "no historic properties" will be affected by
this undertaking."
28. Department of Transportation (January 13, 2004 Letter):
"While the highway directly fronting the location of the subject application is under
County jurisdiction it transitions to State jurisdiction a short distance away. The
proposed change from residential use to commercial use would create more tragic
activity in the immediate vicinity due to customers, visitors, employees, suppliers and
guests coming and going from the anticipated business establishments. We recommend
that intersection and driveways be configured and improved to ensure that the flow of
traffic along the highway does not create problems or backups, or diminish the safety of
any portion of the highway."
29. Department of Public Works: (See Exhibit B -February 5, 2004 Memorandum)
30. Fire Department: (See Exhibit C - January 13, 2004 Memorandum)
31. Kona Traffic Safety Committee: (See Exhibit D - January 16, 2004 Letter)
AGENCIES - NO COMMENTS
32. Department of Land and Natural Resources - Land Division and Department of Health.
AGENCIES - NO RESPONSE
33. Natural Resources Soil and Conservation Services
PUBLIC COMMENTS
34. The department has not received any written comments or objections from the
community on the request.
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Stephen J. Menezes 441 Kipuni Street Hilo, Hawaii 96720
ATTORNEY AT LAW Tel (808934-8916 Fax (808)934-8916
e-mail: menezes@prodigy.net
October 14, 2003 13
70
37
VIA HAND DELIVERY C - "cfV l
Christopher Yuen, Planning Director
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Change of Zone Application: Jack and Barbara Umphrey
TMK: (3) 7-9-003-061
Dear Mr. Yuen:
Enclosed in connection with the referenced Change of Zone Application are the
following:
1. Original and twenty copies each of the Change of Zone Application and
the Departmental Zoning Questionnaire for commercial zoning.
2. Original and twenty copies of the Environmental/Background Report.
3. Original and twenty copies of a location map (Vicinity Map).
4. Original and twenty copies of a plot plan of the property (Site Plan).
5. One copy of 2'x T plot plan of the property (Site Plan).
6. List of names/addresses/tax map key numbers of surrounding property
owners who are required to receive notice.
7. Tax clearance from the Director of Finance.
8. Filing fee of $525.00.
Please process the application. Thank you for your assistance.
Very truly yours,
Enclosures qRNJW.s
xc: Jack and Barbara Umphrey
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MtY OF N HarryKim William Takaba
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Mayor Fnancc Director
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Nancy E. Crawford
Deputy Director
1!'T 13 in 9q
County of Hawaii
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DEPARTMENT OF FINANCE - REAL PROPERTY TAX
Aupuni Center, 101 Pauahi Street, Suite 4 • Hilo, Hawaii 96720.4224 • Fax(908)961-8415
Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282
75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax(808)327-3538
Appraisers(808)327-3542 • Clerical (808) 327-3540
REAL PROPERTY TAX CLEARANCE
(rev. 07/99)
Date: October 13, 2003
TMK(s): (3) 7-9-003-061-0000
(Owner of Record: Umphrey,Jack D.
This is to certify that the real property taxes due to the County Hawaii on the
parcel(s) listed above have been paid up to and including December 31,
2003..
This clearance was requested on behalf of Stephen J. Menezes
for the County Planning Department and is issued for this/these parcel(s)
only.
Winifr Todd, Tax Clerk
REAL PROPERTY TAX DIVISION
Y
CHANGE OF ZONE APPLICATION
3 F" COUNTY OF HAWAII
3 y PLANNING DEPARTMENT
(Type or legibly print the requested information)
;l
ALICANT: Jack D. Um hre and Barbara A. Um hr
APPLICANT'S SIGNATURE' T yseo 3
ADDRESS: 78-67`'Walua Road, Kailua-Kona,_HI 96740
LIST APPLICANT'S INTEREST IF NOT OWNER: N/A
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A
PHONE:(Bus.) (808) 322-0169 (Res.) (808)322-0169 (Fax)
LANDOWNER(S): Jack D. Um hre and Barbara A. Um hre
0
LANDOWNER SIGNATURE(S • WA "E / v •p I
(Mav be by le er) LANDOWNER(S) ADDRESS: 78-6.781 Walua Road, Kailua-Rona. 96740
REQUEST: RS-7.5 TO cy-7.5
(Existing zoning) (Proposed Zoning)
TA$ MAP KEY: 7-9-003-061
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 25,580 square feet
AGENT: Stephen J. Menezes, Attorney at Law
ADDRESS: 441 Kipuni Street, Hilo, HI 96720
TELEPHONE: (Bus.) ( 808) 934-891 6_ (Res.) (808)934-8916 (Fax) (8081934-R916
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Jack & Barbara Umphrey COPIES: Steohen J. Meneze
(See Instructions on Reverse Side)
P
e
Jack D. Umphrey
Barbara A. Umphrey
ATTACHMENT
TMK:7-9-003-061
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
PPPLICATION 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? No
if yes, please answer the rest of question 1 and then to
ques ion 3.
a. How many acres of the requested area do you intend to
subdivide?
b. Into what lot sizes?
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?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you have no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans? No
b. Sell or lease the land to someone who has tentative
plans? No
C. Sell or lease the land to someone who has no plans? No
d. Keep it? Yes
e. Other (please state)
Y
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.
N/A
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
Existing Residential Structure: Convert to office use.
Two new mixed-use buildings to be constructed: Approximately
1140 sq. ft. and 1260 sq. ft.; for office and commercial/
retail use.
Financing for construction of new buildings has not been
finalized.
Applicants intend to commence construction soon after
rezoning is granted and complete construction approximately
18 months thereafter.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
If so, please elaborate on your findings in the space provided
below.
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C
5. Have you performed any study which discusses the
environmental impacts your request would have on the
surrounding area and/or the County? Yes
if so, please elaborate on your findings in the space
provided below.
See County Environmental Report which is part of this
application.
6. Are there any buildings on the subject area? Yes
if so, what kind?
An existing residential structure of approximately
1740 sq. ft. and an existing residential structure of
approximately 800 sq. ft.
What do you intend to do with those buildings if your
request is approved?
The existing residential structure will be converted
for office use. (1740 sq. ft.). The other residential
structure will be demolished.
7. Is the subject land currently being used for any
agricultural activitity? No
if so, please list the kinds of products grown and on
how many square feet or acres of land per product.
N/A
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e
8. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
if so, please describe the problem.
N/A
9. Do you think that the roads leading to the subject area
needs improvement? No
if so, what kind?
N/A
Is the road adequate for the proposed traffic volume
or load? Yes
10. what sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
Yes No
a. Schools X
b. Roads x
C. Sewer X
d. Drainage X
e. Police Protection x
f. Fire Protection x
g. Recreational Facilities x
h. Public Utilities x
i. Other x
The proposed project is not anticipated to require
additional governmental services or improvemnts to
existing public infrastructure.
-4-
For those checked "yes,,, please elaborate what type or kinds of
improvements and/or assistance are needed.
N/A
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
No historic sites study or survey was performed for
the subject property.
Signature: aQ ~~....pe~f
~J c D, p re
Signature:
Barbara A_ mohre
Address: 78-6781 Pon ua Road
a ua- bna, HI 96740
Telephone: (808)322-0169
Date: h~/ Y ve o~
-5-
6338A/50A
JACK & BARBARA UMPHREY
ENVIRONMENTAL REPORT
TAX MAP KEY: (3) 7-9-003: 061
i. "3 ? t_ °~1 In 15 HONALO, NORTH KONA, HAWAII ISLAND
L', . INTRODIJ.CTION
rc The applicants, Jack and Barbara Umphrey, is seeking a change of zone from the Single
Family Residential - 7,500 square foot (RS-7.5) to the Village Commercial - 7,500 square
foot (CV-7.5) zoned district for approximately 25,580 square feet to allow the
establishment of offices and commercial facilities within the project site.
II. PROJECT LOCATION
The subject parcel is located immediately east (mauka) of the intersection of Saint Paul
Road and Mamalahoa Highway, approximately 900 feet south of Kuakini Highway -
Mamalahoa Highway intersection, Honalo, North Kona, Hawaii Island, TMK: 7-9-003:
061.
M. PROJECT DESCRIPTION
A. Project Concept and Components
The subject property is owned by petitioner who is proposing to develop an office and
commercial facility. The property is currently improved with a ranch-style single-
family dwelling which was constructed in 1997 and a cottage-style dwelling that was
constructed in 1940. The applicant proposes to convert the existing ranch style
dwelling into offices and erect two smaller buildings along the eastern edge of the
property for mixed-use purposes. In addition to the buildings, the applicant also
proposes to install an approximately 27-space parking lot, including two handicap
spaces, to serve the buildings.
Access to the property will be from Mamalahoa Highway,
While no specific use has been identified at this time, the Applicant intends to provide
opportunities for office and commercial tenants that will serve the existing residents of
Honalo and Captain Cook.
B. Project Timetable and Cost
The applicant is planning to commence conversion of one of the existing residences for
office use as soon as possible upon approval of the change of zone. Construction of
the new facilities will depend on market conditions/demand estimated to take
Environmental Report TMK: (3) 7-9-3: 61
Page No.I
approximately one to two years to complete, depending on market conditions. The
estimated cost of conversion of the existing residence and construction of the new
facilities and parking improvements is expected to be approximately $300,000.00.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The State Land Use District classification is Urban, therefore no State Land Use
permitting action is required
B. County General Plan
Based on a review of the Hawaii County General Plan Land Use Pattern Allocation
Guide (LUPAG) map, it appears the property is within the Medium Density Urban
designation. This designation allows for village and neighborhood commercial,
residential and related functions.
C. Community Development Plan
The Kona Regional Plan, adopted in 1984 as Planning Commission Resolution No. 1-
84, states that with respect to commercial land use concepts, that commercial
expansion of the mauka communities from Holualoa to Captain Cook should be
permitted as the need arises. This pattern will allow a better distribution of
commercial services with respect to the residential patterns.
D. County Zones
The current County zoning of the site is RS-7.5. The requested change of zone would
allow the applicant's to utilize their property in a more efficient manner. There are
existing CV zoned properties in the immediate vicinity of the Project Area, including a
service station approximately 300 feet to the north and the Honalo Business Center
immediately makai of the Project Site on the comer of St. Paul Road and Mamalahoa
Highway.
E. Other Permittins: Considerations
The site is not located within the County Special Management Area (SMA) and
therefore no SMA Use Permit would be necessary. However, other permits such as
Plan Approval, etc., would still be required and complied with as part of the
development review process.
Environmental Report TMK: (3) 7-9-3: 61
Page No.2
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The project site consists of approximately 25,580 square feet of land area and is
generally rectangular in shape. The parcel has an approximately 125-foot frontage
along Mamalahoa Highway. The parcel is currently improved with two single-family
dwellings and related improvements, including a driveway, a lawn area and
landscaping.
B. Soils and Topography
The site is 1,450 feet above mean sea level, with moderately undulating topography.
The soils on the property are classified by the U.S Department of Agriculture, Soil and
Conservation Services, Soil Survey Report as being in the Honuaulu Series (rKFD).
These soils consist of well drained silty clay loams that formed in the volcanic ash.
These are gently sloping to moderately steep soil on upland. They are at an elevation
ranging from 1,000 to 2,500 feet and receive from 60-80 inches of rainfall annually,
mostly during the summer months. In a representative profile, this soil type has a
surface layer of very dark brown silty clay loam about 9 inches thick. The subsoil is
dark brown cobbly and stony silty clay loam about 28 inches thick. The substrate is
A'a lava. The surface layer is strongly acidic. This soil type dehydrates irreversibly
into fine sand-size aggregates. This soil is used mainly for pasture and ooffee. The
Land Study Bureau's overall productivity rating is "C" or "average" in terms of
agricultural productivity. The State Department of Agriculture's "Agricultural Lands
of Importance to the State of Hawaii" (ALISH) map classifies this area as neither
"Prime" nor "Unique", but does classify it as "Other Important" agricultural land.
It is not anticipated that the project will cause any substantial adverse impact to soil
erosion. Furthermore, compliance with the County of Hawaii's grading permit
requirements will fiuther ensure minimal soil erosion impacts during construction.
C. Natural Hazards
1. Drainaee
The property is not in an area prone to flooding. The U.S. Army Corps of
Engineers' Flood Insurance Rate Maps (FIRM designates the property as being in
Zone X. Zone X is designated for those areas which are outside of the 500-year
flood plain. There are no known drainage problems associated with the property.
2. Tsunami Hazard
Environmental Report TMK: (3) 7-9-3: 61
Page No.3
As the property is located more that 1,000 feet above sea level, there is no threat
of tsunami inundation.
3. Volcanic and Earthquake Hazards
The Unites States Geological Survey (USGS) designates the area as in Lava Flow
Hazard Zone 3, on a scale of ascending risk from 9 to 1.
According to the County of Hawaii Building Code, the entire island of Hawaii falls
within Earthquake Hazard Zone 4. However, any construction on the property as
well as any resulting structure would comply with the Building Code which
requires certain structural measures to minimize the seismic hazards.
D. Flora and Fauna
A botanical study of the subject property was conducted on May 17, 2002. The
purpose of the survey was to identify any State or federally listed endangered plant
species growing on or near the project site, and to summarize the populations of native
and introduced plant species. All portions of the proposed project site were surveyed,
including border strips of adjacent property, and all of the naturalized and some of the
prominent landscaped plants were noted. A total of 47 plant species were identified,
only two of them indigenous to the Hawaiian Islands.
No threatened or endangered plant species are present or would be expected to be
present on the project site and no rare species or ecosystems are present or nearby.
Also, due to the improved nature of the property, no known or endangered plant
species are expected to be present. Known mammals in the area include the
mongoose, rat and mouse.
E. Historic/Archaeological Resources
No commissioned archaeology survey was conducted on the subject property.
However, this site has been graded and is currently utilized for residential use. Due to
the improved nature of the project site and immediate surrounding area, it is unlikely
to contain any significant historic sites.
F. Valued Cultural Resources
The recent Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O Ka Aina"
decisions require decision-makers to consider a project's impact to native Hawaiian
gathering and fishing rights. Specifically, there must be a discussion of the cultural,
Environmental Report TMK: (3) 7-9-3: 61
Page No.4
historical, and natural resources and associated traditional and customary practices of
this site and the impact of this project to these resources and practices.
In this situation, the subject site is not adjacent and/or proximate to the shoreline. As
such, fishing and coastal access is not an issue. Furthermore, as noted above, the
subject area has been previously graded and improved for residential use. As such, it
would appear very unblely that the site would serve such gathering purposes today
and/or in the recent past. .
Based on the above, it does not appear that the project would have any potential
adverse effects relating to native Hawaiian cultural and historical resources and/or
practices.
G. Water and Coastal Resources
The subject property is located over 1.5 miles from the shoreline, therefore there
should be little or no impact to the coastal waters as a result of the requested change
of zone. Also, due to the distance from the shoreline, there will be no impacts on
shoreline access.
H. Air Ouality. Noise and Dust
The proposed project should have no direct negative impact on air quality in this area
The only probable impacts would be minimal increases in airborne dust during grading
and construction. However, as stated before, compliance with the County's grading
permit requirements would ensure that impacts from these activities would be minimal
It is possible that increased vehicular traffic generated by the project could have a
minimal impact on air quality in the area. However, this increase in traffic will be
negligible and will result in little or no impact on air quality in the area
The noise generated in the vicinity of the property comes from existing road traffic
along Mamalahoa Highway. Any noise generated as a result of the project should be
minimal and have no adverse impact upon the noise quality of the area
I. Scenic and Visual Resources
The subject property is not listed as a scenic site. The existing structure will be
converted to office use and proposed construction of the two mixed use buildings will
complement the existing residential structure. The existing and proposed
improvements are mauka of the Mamalahoa Highway, therefore the requested change
of zone should have little or no impact on visual resources.
Environmental Report TMK: (3) 7-9-3: 61
Page No.5
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The surrounding land uses in this area are a mix of residential, agricultural, and
commercial uses. There are residences surrounding the property, as well as a service
station approximately 300 feet to the north and the Honalo Business Center directly
across Mamalahoa Highway and makai of the site. In addition, there are agricultural
activities mauka of the site. Therefore, the requested use would be generally
consistent with the mixture of commercial and residential land use pattern in this area.
B. Economic Impacts
The requested change of zone would result in some minimal positive economic
impacts through increase in property taxes. In addition, the proposed rezoning would
allow space for office and commercial activities to serve the mauka Kona area
VII. RWRASTRUCTURAL CONSIDERATIONS
A. Roads
Access to the property is provided off of the Mamalahoa Highway, a County-owned
highway. The applicant does not anticipate a measurable increase in vehicular traffic
along Mamalahoa Highway and feels as though no problems from increased traffic will
result from the requested change of zone. The proposed commercial areas are
intended to serve a mauka Kona market and therefore would result in reduced need to
travel to Kailua-Kona or other destinations for commercial services.
In addition, construction of the proposed Mamalahoa Highway By-Pass Road would
significantly reduce the existing high traffic volume on the Mamalahoa Highway,
which is projected to increase by 52% (without the By-Pass) by the year 2010, from an
average volume of 16,900 vehicles per day to an average volume of 25,000 vehicles
per day. It is estimated that about half of the peak direction (northbound in the
morning and southbound in the evening) will divert to the Mamalahoa By-Pass.' This
By-Pass Road is presently under construction. According to the Development
Agreement, construction of the fiill improvement must be completed by 2005.
B. Water
'Figures obtained from A Traffic Analysis for an Environmental Impact Statement for the New Highway, _
North and South Kona, Hawaii, pages 9 - 10 & 14, conducted by M&E Pacific, Inc. This study also cited State of
Hawaii Department of Transportation Traffic Counts Taken July, 1996 as a source for the current traffic volume.
Environmental Report TMK: (3) 7-9-3: 61
Page No.6
County water is available to the property via a 8-inch waterline extending along
Mamalahoa Highway. Existing water service laterals to the project site are available.
These sources should be more than adequate to provide water service to the proposed
project site.
C. Wastewater
The property has no access to a County sewer line and therefore the applicant will
have to provide an individual wastewater system that meets all State Department of
Health regulations and requirements.
D. Solid Waste
Solid waste will be handled through a commercial hauler into authorized landfill sites.
However, the proposed use of the property should not generate large amounts of solid
waste and any impacts would be negligible.
E. Governmental Services
Police services are provided by the Captain Cook police substation, located
approximately 4.5 miles south of the Project Site. Fire protection is provided by the
Keauhou fire station, located approximately one mile north of the project site.
Emergency medical services are provided by the Keauhou and Captain Cook fire
stations, as well as the Kona Community Hospital, located 1.5 miles south of the
Project Site.
F. Utilities
Public utilities, including electricity and telephone, are available to service the
proposed project
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environmental and
Maintenance and Enhancement of Lone-Term Productivity
The current short-term use of the property is residential. However, due to the
surrounding commercial use, leaving this lot as is may not be the most efficient and
productive use of the property. Granting the change of zone would result in a more
productive use as well as fiilfilling the land use concept of the General Plan for this
area.
Environmental Report TMK: (3) 7-9-3: 61
Page No.7
This project should not result in any significant adverse short or long-term impacts that
cannot be properly mitigated. There will be direct and indirect economic benefits
resulting from the construction and implementation of this project. There will be
construction jobs created in the short-term Relatedly, the project will generate
increased tax revenues that can supplement the State and County's fiscal resources.
Because of its location, this project will provide a service that can be made reasonably
accessible to the immediate neighborhoods. The required infrastructure - if needed -
will be implemented by the Applicant to mitigate potential impacts of this project.
B. Irreversible and Irretrievable Commitment of Resources
As the subject property has been previously disturbed, the possibiiity tnat commitment
of natural resources such as rare or endangered plant or animal species is extremely
remote.
Likewise, the likelihood of finding any archaeological or cultural remains on the site
appear remote. Further, any unanticipated finds can be properly mitigated upon
consultation with appropriate government agencies.
C. Alternatives to the Proposed Project
1. No Prole
ct
Under this alternative, the property would maintain its present residential use.
However, given the reasons listed previously, this alternative would not result in
the most productive use of the property.
2. Evaluation of Alternatives
Any impacts to the area's physical and social infrastructure as a result of the
requested change of zone seem to be insignificant. Any possible impacts that may
arise out of the land use change for the subject property would be addressed and
mitigated by the applicant. Also, the proposed use of the property appears to be
consistent with the land use objectives sought by the County's General Plan Land
Use Pattern Allocation Guide (LUPAG) map.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive development of the
island of Hawaii. It provides direction for balanced growth in the County.
Environmental Report TNIK: (3) 7-9-3: 61
Page No.8
The requested change of zone for the subject property would result in a use that would
be consistent with the surrounding uses in the area, and would also be consistent with
the land use objectives sought by the County's General Plan LUPAG map.
B. General Plan Policies
The requested change of zone would result in a use of the property that would be
consistent with the goals, policies and standards of the Economic and Land Use
Elements of the General Plan. Included in these are the following:
Economic Element
Goals
o Provide Residents with opportunities to improve their quality of life.
o Economic development and improvement shall be in balance with the physical and social
environments of thg Island of Hawaii.
o The County of Hawaii shall strive for diversity and stability in its economic system.
o The County shall provide an economic environment which allows new, expanded or
improved economic opportunities that are compatible with the County's natural and social
environment.
Policies
The County of Hawaii shall:
o Provide an economic environment which allows new, expanded, or improved economic
opportunities that are compatible with the County's natural and social environment.
o Strive for an economic dlimate which provides its residents an opportunity for choice of
occupation.
o Strive for diversification of its economy by strengthening existing industries and attracting
new endeavors.
Discussion
The requested change of zone will allow the applicant to use his property in a more
efficient and productive manner and allow new economic opportunities for himself and the
area.
Environmental Report TMK: (3) 7-9-3: 61
Page No.9
Land Use Element
Goals
o Designate and allocate land uses in appropriate proportions and mix and in keeping with
the social, cultural and physical environments of the County.
o Zone urban and rural type of uses in areas with ease of access to community services and
employment centers and with adequate public utilities and facilities.
o Promote and encourage the rehabilitation and use of urban and rural areas which are
serviced by basic community facilities and utilities.
o Allocate appropriate requested zoning in accordance with the existing or projected needs of
neighborhood, community, region and County.
o Encourage the development and maintenance of communities meeting the needs of its
residents in balance with the physical and social environments.
Land Use-Commercial Development
Goals
o Provide for commercial developments that maximize convenience to users.
o Provide commercial developments that complement the overall pattern of transportation
and land usage within the island's regions, communities and neighborhoods.
Policies
o Commercial facilities shall be developed in areas adequately served by necessary services
such as water, utilities, sewers and transportation systems.
o Distribution of commercial areas shall be as such as to best meet the demands of
neighborhood, community and regional needs.
o Development of commercial facilities should be designed to fit into the locale with minimal
intrusion while providing the desired services. Appropriate infrastructure and design
concerns shall be incorporated into the review of such developments.
Standards
Environmental Report TMK: (3) 7-9-3: 61
Page No. 10
o Commercial development shall be located in areas adequately served by transportation,
utilities and other amenities.
c Off-street parking and loading facilities shall be provided.
o Commercial development shall maintain or improve the quality of the present environment
through the consideration of visual, access, landscaping and other design elements in their
development.
o Preference shall be given to commercial lands with reasonably level topography.
Discussion
The requested change of zone for the property is in line with the surrounding areas as they are
generally residential and small businesses in nature. The property is located in close proximity to
community services and is adequately served by public utilities and services. The applicant
believes that this requested change of zone would benefit the neighborhood and community. The
proposed project would fit into the area with "minimal intrusion" as it is converting an existing
structure into commercial use, while complementing it with two additional structures.
The requested change of zone for the subject property also meets the policies and standards of the
General Plan. This property is currently serviced with more than adequate infrastructure to meet
the demands resulting from the requested change of zone. It is serviced by County water, and
other needs such as electrical and phone service are also already available to the property. Fire
and police services are available and located within the vicinity of the subject property. The
requested change of zone would not place a burden on any State or County agencies to provide
additional public services.
Because the property has been previously disturbed, the chances of it containing, or serving as a
habitat for any rare or endangered animal species is extremely remote. Also, for the same
reasons, any chance of surface or subsurface archaeological remains being discovered on this
property is equally remote. There are no known archaeological sites on the property. A botanical
study was done on the subject property and it was found to contain no rare or endangered plant
species anywhere on or near the property.
The requested change of zone and the subsequent commercial use of the subject property is
consistent with the General Plan Designation for the area. Although the immediate surrounding
area is residential, the proposed rezoning of the subject property will have no visual effect on
surrounding properties and will appear no different than most other structures in the area. Any
effects on the surrounding area arising from the requested change of zone will be negligible.
Environmental Report TMK: (3) 7-9-3: 61
Page No.l l
rrr
For the abovementioned reasons, the applicant feels that the requested change of zone and
commercial use of the property is consistent with the mixed land uses in the surrounding area and
is a reasonable request for the property.
Environmental Report TMK: (3) 7-9-3: 61
Page No. 12
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Jack & Barbara Umphrey
Change of Zone Application r ? J
Surrounding Property Owners 31x1 -7n
TMK: 7-9-003: 061
F TMK Owner A'd~lres
7-9-3: 2 Samuel Haanio PO Box 1359
Kealakekua, HI 96750
7-9-3:3 Daifukuji Soto Mission PO Box 55
Kealakekua, HI 96750
7-9-3: 28 Shizuko Teshima SR-Roadway
7-9-3: 29 Teshima Enterprises 79-7251 Mamalahoa Highway
Kealakekua, m 96750
7-9-3: 32 Margaret L. Ku PO Box 1028
Kealakekua, HI 96750
Jack Umphrey 78-67$1 Walua Rd.
Kailua-Kona, HI 96740
7-9-3: 34 Charles K. Ain, et. al. SR Roadway
7-9-3: 42 George A. Harai TR PO Box 512
Capt. Cook, HI 96704
7-9-3:53 Equilon Enterprises, LLC Tax Department-Property
PO Box 4369
Houston, TX 77210
C/o Box 7813
Universal City, CA 91608
7-9-3: 55 Archibald/Johanson Family PO Box 2606
Kealakekua, HI 96750
7-9-3: 56 Harold H. & Minnie Teshima PO Box 754
Kealakekua, HI 96750
7-9-3: 62 Harry & Naomi Aiu PO Box 521
Kealakekua, HI 96750
List of Surrounding Property Owners Page No. 1
Jack & Barbara Umphrey
Change of Zone Application
Surrounding Property Owners
TMK: 7-9-003: 061
TMK Owner Address
7-9-3:63 Aiu Family TR PO Box 521
Kealakekua, HI 96750
7-9-3: 64 Shari Sakai PO Box 563
Kealakekua, HI 96750
C/o Countrywide Home Loans
841 Bishop St., #1530
Honolulu, HI 96813
7-9-3:65 Janice H K Ku PO Box 735
Kealakekua, 11196750
7-9-3: 66 Eli L. Ku PO Box 330904
Kahului, 1 -1196733
Janice H K Ku PO Box 735
Kealakekua, HI 96750
7-9-4: 4 Richard I Iwamuro, et. al. PO Box 273
Kealakekua, HI 96750
Theodore Kawamoto PO Box 772
Kealakekua, HI 96750
7-9-8:6 Castle M K Auld PO Box 2293
Kealakekua, HI 96750
7-9-8: 7 Wall Ranch, Inc. PO Box 187
Kealakekua, HI 96750
7-9-8: 8 Patricia W. Wilson PO Box 1397
Kealakekua, HI 96750
7-9-8:10 Wall Ranch, Inc. PO Box 187
Kealakekua, HI 96750
List of Surrounding Property Owners Page No. 2
Jack & Barbara Umphrey
Change of Zone Application
Surrounding Property Owners
TMK: 7-9-003: 061
F TMK Owner Address
7-9-8:11 Barbara A K Nobriga SR PO Box 843
Kealakekua, HI 96750
7-9-8:17 Felicitas Hiner PO Box 34
Kealakekua, HI 96750
7-9-8: 22 Esther L. Nelson PO Box 2245
Kealakekua, HI 96750
7-9-9:23 Richard Ushijima PO Box 67
Kealakekua, HI 96750
7-9-8: 24 Richard Ushijima PO Box 67
Kealakekua, HI 96750
7-9-8: 25 Richard Ushijima PO Box 67
Kealakekua, HI 96750
7-9-8: 26 Aida Z Graybeal 149 Magellan Ave.
San Francisco, CA 94116
7-9-8: 27 Nancy Redfeather PO Box 906
Kealakekua, HI 96750
List of Surrounding Property Owners Page No. 3
Stephen I Menezes 441 Kipuni Suet Hilo, Hawaii 96720
ATTORNEY AT LAW Tel (808)934$916 Paz (808)934-8916
e-mail: menezes@prodgy.net
x December 16, 2003
State Historic Preservation Division
74-383 Kealakehe Parkway
Kailua-Kona, HI 96740
Re: Change of Zone 9pplication. TMK:(3)7-9-003-061
Dear Sir or Madam:
I represent Jack and Barbara Umphrey, the owners of the referenced property
located at Honalo, North Kona, Hawaii. The property is approximately 25,580 square
feet. Two dwellings are presently located on the property. It is my understanding that
the property was grubbed/graded in the past.
I recently submitted an application to the Planning Department, County of
Hawaii, to rezone the property from RS-7.5 to CV-7.5. The Planning Department,
however, has informed me that the application cannot he accepted and processed until I
obtain an archaeological clearance from the State Historic Preservation Division.
May I request that your office provide me with an archaeological clearance for
this property? Thank you for your assistance.
very truly yours,
SHE . R4ZES
xc: Jack and Barbara Umphrey
N. Hayashi, Planning Deartment
PARCEL C r
LAND SITUATED ON THE EASTERLY SIDE OF,
HAWAII BELT ROAD (MAMALAHOA HIGHWAY
„ 71i~
NEAR THE JUNCTION WITH SAINT PAUL ROAD AT KAWANUI 1sT, NORTH KONA, HAWAII, HAWAII
BEING A PORTION OF ROYAL PATENT GRANT 987
TO POLOLI
Beginning at the Southeast corner of this parcel of land at the Southwest corner of
Parcel B and on the North side of a 20-feet wide roadway easement, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PUU O HAU" being 10,304.56 feet
North and 8,522.32 feet East and running by azimuths measured clockwise from True South:
I . 720 04' 157.94 feet along the North side of a 20-feet wide roadway easement;
Thence along a 20 feet radius curve to the right, the
chord azimuth and distance being:
2. 121 ° 50' 30" 30.54 feet along the North side of a 20-feet wide roadway easement;
3. 1710 37' 124.86 feet along the East side of Hawaii Belt Road;
4. 248° 51' 20" 77.67 feet along Parcel 32, along the remainder of Grant 987
to Pololi;
5. 244° 46' 20" 80.04 feet along the Parcel 32, along the remainder of Grant 987
to Pololi.
6. 3420 04' 160.97 feet along Parcel B, along the remainder of Grant 987 to
Pololi to the point of beginning and containing an area
of 25,580 square feet.
Together with a 20 feet wide roadway easement, being more particularly described as follows:
Iof2-
DON McINTOSH SURVEYING, INC. TMK: (3)7-9-03:61
P. O. Box 58
Kailua-Kona, Hawaii 96745-0058 JOB NO: 3095-03
ROADWAY EASEMENT
(20.00 Feet Wide)
Beginning at the North comer of this parcel of land and at the,Southeast corner
of Parcel A, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PUU O HAU" being 10,297.50 feet North and 8,809.49 feet East and
running by azimuths measured clockwise from True South:
1. 347° 41' 20.10 feet along a portion of Grant 987 to Pololi;
2. 720 04' 467.90 feet along Parcels I and 2;
Thence along a 20-feet radius curve to the left,
the chord azimuth and distance being:
3. 31 ° 50 ' 30" 25.83 feet along Parcel 2;
4. 171 ° 37' 60.85 feet along the East side of the Government Hawaii
Belt Road;
Thence along a 20-feet radius curve to the left,
the chord azimuth and distance being:
5. 301 ° 50' 30" 30.54 feet along Parcel C;
6. 2520 04' 459.78 feet along Parcels C, B and A to the point of
beginning and containing an area of 9,864
C. Mc' square feet.
LICENSED d DON McINTOSH SURVEYING, INC.
PROFESSIONAL y
LAND
SURVEYOR
No.4988 Donald C. McIntosh, L. P. L. S. #4968
tigWgli Uro Consultant-Planner, Developments
Kailua-Kona, Hawaii
November 5, 2003
2of2-
DON McINTOSH SURVEYING, INC, TMK: (3)7-9-03:61
P. O. Box 58
Kailua-Kona, Hawaii 96745-0058 JOB NO: 3095-03
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
in
(2 DATE: February 5, 2004
Memorandum
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief D?
Engineering Division
SUBJECT Change of Zone Application (REZ 03-032)
Applicant: Jack and Barbara Umphrey
Location: Kawanui 1s` , N. Kona, HI
TMK: 3 / 7-9-003:061
We reviewed the subject application and our comments are as follows:
BUILDING
Buildings shall conform to all requirements of code and statutes pertaining to building
construction. A building permit and certificate of occupancy will be required for the
change of use. Different code sections and standards on building construction may
apply.
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 prepared, and
the recommended drainage system shall be constructed meeting with the approval
of DPW prior to the issuance of any certificate of occupancy.
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.
EX BIT
DPW to PD- REZ 03-032
TMK: 7-9-003:061
February 5, 2004
p. 2 of 3
TRAFFIC
The subject property is fronts on Mamalahoa Highway where traffic is held up by
turning activity. In particular, southbound traffic is queued on a daily basis during the
PM peak on the subject frontage. Left turning traffic to the subject project will cause
additional delays to southbound traffic, during and after construction.
The proposed project would not warrant a Traffic Impact Analysis Report (TZAR).
However, highest and best use, which could include traffic generators such as
convenience stores, restaurants and service stations, churches and schools would
warrant a TZAR prepared by a licensed professional traffic engineer and a left turn
storage lane would likely be recommended.
The Mamalahoa Highway Bypass construction has been suspended indefinitely
and although requested, no improvement project for Mamalahoa Highway is currently
funded. We recommend that rezoning or plan approval for the change of use on the
subject property not be considered until completion or signed contract for Mamalahoa
Highway improvements along the subject frontage which should include a continuous
two-way-left-turn lane.
Should approval at this time be favored by the Director, suggested conditions
should include adhering to the project scope as presented in the application or a means
to address traffic impacts from a change in character of the proposed development and
as follows:
ROADWAYS
1. All driveway connections to a County road shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code. All sight distances shall meet
minimum recommendations in the AASHTO Policy on Geometric Design of
Highways and Streets. We have concerns about the applicant's ability to
conform to this minimum sight distance requirement, with or without our
recommendation to relocate the Highway frontage property line. Adjacent
property owners would need to cooperate for compliance to be acheived.
Vehicular access from Mamalahoa Highway shall be from one common approach
aligned opposite St. Paul Road to minimize turning conflicts.
2. The applicant shall provide adequate off-street parking, and a turnaround before
entering the County road right-of-way.
3. The applicant shall remove any encroachments or obstructions within the County
right-of-way.
4. Mamalahoa Highway, the County road serving the subject property, is a secondary
arterial road. It has a 22-ft. wide pavement within a variable right-of-way width
(approximately 40-50 feet wide in the vicinity of the proposed project). It is
substandard based on width, alignment and roadside hazard clearances.
Mamalahoa Highway shall be improved to an 80-ft. right-of-way according to the
County's General Plan.
DPW to PD- REZ 03-032
TMK: 7-9-003:061
February 5, 2004
P.3of3
The applicant shall improve additional right-of-way along the entire subject
property frontage of Mamalahoa Highway equal to one-half the difference between
the existing right-of-way width and 80 feet and dedicate it to the County. Such
improvements shall consist of, but not be limited to, pavement widening with
concrete curb, gutter and sidewalk, drainage improvements, and any relocation of
utilities; meeting with the approval of the DPW. The applicant shall construct all
required improvements at no cost to the County and dedicate them to the County
prior to the issuance of a certificate of occupancy.
Install street lights, signs and markings meeting with the approval of the DPW,
affic Division.
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
PLNG-KONA
. _ ~PiV os r,gwgi
~LHarry Kim Darryl J. Oliveira
elf.,, .r Fare Chief
_ Desmond K. Wery
7 0 4 Deputy Po-, Chief
Couutp of 'aYnat`t
FIRE DEPARTMENT
25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720
(808)961-8297 • Fax(808)961-8296
January 13, 2004
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-032)
APPLICANT: JACK AND BARBARA UMPHREY
REQUEST: RS-7.5 TO CV-7.5
TAX MAP KEY: 7-9-3:61
Fire apparatus access roads shall be in accordance with UFC Section 1020.7:
"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.
~P\I COO -
c a
EXHIBIT 2 t
Christopher J. Yuen
Page 2
January 13, 2004
"More than one fire apparatus road may be required when it is determined by the chief
that access by a single road may be impaired by vehicle congestion, condition of
terrain, climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed
vertical clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided
such reduction does not impair access by fire apparatus and approved signs
are installed and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this
section may be increased when, in the opinion of the chief, vertical clearances or
widths are not adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be provided with a surface so as
to provide all-weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in
length shall be provided with approved provisions for the turning around of fire
apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it
shall be constructed and maintained in accordance with the applicable sections of the
Building Code and using designed live loading sufficient to carry the imposed loads of
fire apparatus.
"o) Grade. The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief." (15%)
Christopher J. Yuen
Page 3
January 13, 2004
"(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.
"(1) 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 LIFC 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."
L44, OLIVEIRA
Fire Chief
DO:Ik
Page 1 of 1
Dacayanan, Melissa
From: ALOHAFIDLR@aol.com i i~•"~f 1 p,
r-n
Sent: Friday, January 1-6, 2004 8:04 AM
is
To: planning@co.hawaii.hi.us
Cc: hoelike@sasami.interpac.net; Mitchell, Megan
Subject: Change of Zone Application (REZ 03-032)
Dear Mr. Yuen:
Attached please find the Kona Traffic Safety Committee's comments regarding the subject
application for change of zone filed by Jack and Barbara Umphrey.
Thanks for continuing to request our review of matters that can affect traffic in Kona.
Aloha,
Joel E. Gimpel
XH IT
190MA TRAFFICSAAkFIETY t'>AAAITTEE
77-180 KEKAI PLACE, KAILUA-KONA, HAwAI'I 96740 808-331-2765
ktsc@hawaii.rr.com
promoting a safe environment for all modes of land transportation in the districts
of North and South
January 16, 2004
Christopher J. Yuen, Planning Director
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, HI 96720-3043
Re: Change of Zone Application (REZ 03-032) - Jack & Barbara Umphrey
Dear Mr. Yuen:
The Kona Traffic Saafety Committee has reviewed the subject application for change of
zone from RS-7.5 (Single Family Residential) to CV-7.5 (Village Commercial) for a
25,580 sq. ft. property located immediately east of the intersection of Saint Paul Road
and Mamalahoa Hwy, in Honalo. We understand that the applicants intend to convert the
existing residence to office space, raze an older cottage-style dwelling, erect two smaller
buildings for mixed-use purposes, and install a 27-space parking lot. Access will be from
Mamalahoa Hwy.
Although the applicants state that they don't anticipate a "measurable increase in
vehicular traffic," and that the project will result in reduced need for mauka-Kona
residents to travel to Kailua-Kona for commercial services, we believe that the additional
traffic caused by the commercial use will aggravate the already deplorable traffic
congestion in the area. Southbound vehicles attempting to turn left into the property will
further delay southbound traffic on Mamalahoa Hwy, which is already at a near standstill
in the late afternoon hours.
The applicants also suggest that when completed, the Mamalahoa Hwy Bypass will divert
about half of the traffic now using Mamalahoa Hwy. That assertion is, of course,
speculative, and assumes that the destinations of many of the drivers are south of
Napoopoo Road, the southern terminus of the bypass.
We therefore urge that the Planning Department consider the following, in order of
preference:
1. Prohibit left turns from southbound Mamalahoa Hwy between the hours of
4:00 and 6:00 pm on weekdays into Teshima's restaurant, the Shell gas
station, and the applicants' property; and require the applicants to fund
construction of a roundabout on Mamalahoa Hwy; or
2. Require the applicant to fund construction of an access lane for left-turners
onto Mamalahoa from the property, and a left-turn lane from Mamalahoa Hwy
into the property.
The above would facilitate traffic movement and increase safety on Mamalahoa Hwy,
and construction of a roundabout would have the additional benefit of facilitating entry of
traffic from St. Paul's Road to the Highway.
Thank you for requesting our comments and suggestions. We hope they will facilitate
your consideration of this application.
Sincerely yours,
Joel Gimpel, Chair
Public Affairs
Cc: Leningrad Elarianoff
Joe Reynolds
BUmp1ry(add)-REZ03-032.jwd 03-28-05
COUNTY OF HAWAII PLANNING DEPARTMENT
UPDATED BACKGROUND REPORT
JACK AND BARBARA UMPHREY
CHANGE OF ZONE APPLICATION (REZ 03-032)
UPDATED CHRONOLOGY
1. March 5, 2004; The applicant's requested a continuance due to the issue
regarding water availability for the property. They requested additional time to
resolve the matter. They also submitted a copy of the Botanical Assessment
prepared for the project. (See Exhibit E - Letter with Assessment dated
March 5, 2004)
2. March 10, 2004: The applicants submitted a copy of the Deed to the Umphrey's
property, which grants the Umphreys an easement over the roadway that abuts the
south side of the property. The easement is over parcels 1 and 34. (See
Exhibit F - Letter with Deed dated March 10, 2004)
3. March 16, 2004: Letter received from George A. and Elaine S. Harai opposing
the granting of the request. (See Exhibit G - Letter dated March 16, 2004)
4. March 19, 2004: The Planning Commission voted to continue the hearing for the
above referenced application.
5. April 12, 2004: Letter received from Shari T. S. Jumalon opposing the requested
change of zone. (See Exhibit H - Letter received April 12, 2004)
6. January 10, 2005: Letter to Darryl J. Oliveira, Fire Chief, from the applicants
requesting a review in determining whether the project will have adequate fire
protection if sprinklers are installed. (See Exhibit I - Letter dated
January 10, 2005)
7. January 20, 2005: Letter from Daryl J. Oliveira, Fire Chief, to the applicants
determining that fire protection needs will be met with the installation of
sprinklers. (See Exhibit J - Letter dated January 20, 2005)
8. February 9, 2005: Letter from the applicants to the Planning Department
informing that the issue regarding water availability for fire protection has been
resolved. The applicants are willing to install sprinklers if required to resolve the
matter. The applicants also requested that the application be rescheduled for
hearing before for the Planning Commission. (See Exhibit K - Letter dated
February 9, 2005)
9. March 11, 2005: Based on the resolution of the Fire Department's requirements
for fire flow, the Department of Water Supply submitted revised comments to the
Planning Department. (See Exhibit L - Memo dated March 11, 2005)
10. March 30, 2005: The Planning Department received revised comments from the
Department of Public Works to Condition No. 4 of the February 5, 2004 Memo.
(See Exhibit M - Memo dated March 30, 2005)
Stephen J. Menezes 441 Kipuni street Hilo, Hawaii 96720
ATTORNEY AT LAW Tel (808)934-8916 Fox (808)934-8916
e-mail: menezes@prodigy.net
r
March 5, 2004
VIA HAND DELIVERY
Christopher Yuen, Planning Director
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Applicant: Jack and Barbara Umphrey
Change of Zone Application (REZ 03-032)
Request: RS-7.5 to CV-7.5; TMK:(3)7-9-003-061
Hearing Date: 04/19/2004 - Request for Continuance
Dear Mr. Yuen:
Due to an issue regarding water availability, I am requesting a continuance of the
referenced matter, scheduled for hearing before the Planning Commission on March 19,
2004. I require additional time to address this issue.
As requested by Planning Department staff, I have enclosed a copy of the
Botanical Assessment prepared for this matter.
Thank you for your consideration.
Very truly yours,
STEPHEN J. EZES
Enclosure
xc: Jack and Barbara Umphrey 0 !A,:', r U) EXHIBIT
BOTANICAL ASSESSMENT
TMK 7-9-03:61, NORTH KONA, ISLAND OFHAWAI`I
by Ron Terry, Ph.D., and Layne Yoshida, M.A.
May 2002
General Site Description
The project site is a 25,580-square foot lot fronting Mamalahoa Highway in Honalo,
North Kona, on the island ofHawai`i. The surface and vegetation of the property have
been altered through grading, landscaping, house construction, and weed growth. Two
residential structures and a driveway are present on the property.
Vegetation Dynamics
The site is 1,450 feet above sea level, with moderately undulating topography. Median
annual rainfall in this elevational zone of Kona, commonly known as the coffee belt, is
approximately 60 inches (Giambelucca et al. 1986). The original vegetation of the
general area was probably Lowland Mesic Forest, per Gagne and Cuddihy (1990),
consisting of a closed canopy forest dominated by `ohi`a (Metrosideros polymorpha) and
various other trees, shrubs, herbs, vines and ferns. The general landscape of the coffee
belt of Kona has been radically altered by centuries of agriculture and development. The
vegetation has also been fundamentally changed by alien species invasion to the point
that in most semi-urban locations, such as the subject site, native species are few to none.
As is typical of the region, the vegetation on the site is completely artificial, consisting of
landscaped ornamentals and weeds associated with the homes and farms.
Flora and Fauna
A botanical survey of the project site was conducted on May 17, 2002. The purpose of
the survey was to identify any State or federally listed endangered plant species growing
on or near the project site, and to summarize the populations of native and introduced
plant species. All portions of the proposed project site were surveyed, including border
strips of adjacent property, and all of the naturalized and some of the prominent
landscaped plants were noted.
A total of 47 plant species were identified, only two of them indigenous to the Hawaiian
Islands. All plant species observed during the survey are listed in Table 1 below.
r
Of the two native species, Cibotium glaucum, the hapu' u tree fern, was cultivated and not
a remnant of the original forest. Walteria indica, or uhaloa, is a very common native
herb that thrives in disturbed situations such as roadsides and abandoned lots.
Threatened and Endangered Plant Species
No threatened or endangered plant species are present or would be expected to be present
on the project site.
Impacts and Mitigation Measures
No listed, candidate or proposed threatened or endangered plant species was found or
would be expected on the project site. No rare species or ecosystems are present or
nearby. In terms of conservation value, no botanical resources requiring special
protection are present.
References
Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45-114 in W.L. Wagner, D.R.
Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawaii. 2 vols.
Honolulu: University of Hawaii Press.
Giambelucca, T.W., Nullet, M.A., and T.A. Schroeder, 1986. Rainfall Atlas of Hawaii.
Honolulu: Hawaii Department of Land and Natural Resources.
Table 1
Plant Species on Honalo Project Site
Scientific Name Family Common Name Life Form Status*
Alocasia macmrrhiza Araceae Ape Herb A
Begonia . Be oniaceae Be oma Herb A
Bidens ilosa Asteraceae Beggar's tick Herb A
Bractuaria mutica Poaceae California Grass Vine A
Calliandra sp. Fabaceae Haole lehua Shrub A
Canavalia cathartica Fabaceae Maunaloa Vine A
Chamaes ce hirta Eu horbiaceae Hai urge Herb A
Chamae ce h ncifolia Eu orbiaceae Gmcefiil spurge Herb A
Chloris barbata Poaceae California grass Vine A
Cibotium ucpm C theaceae Ha pull Pulp Shrub E/cultivated
Citrus . Rutaceae Citrus Tree A/cultivated
Commelina diffusa Commelinaceae Wande ' Jew Herb A
C closoras dentatus Pol 'aceae closorus Herb A
Dracaena . Liliaceae Dracaena Shrub A
DTymana cordata Caryo h llaceae Pi ili Herb A
Eleusine indica Poaceae Wire grass Herb A
Emilia sonchifolia Astemceae Flora's paintbrush Herb A
Era stir tenella Poaceae Love grass Herb A
Erechtites hieracifolia Asteraceae Erechtites Herb A
Euphoria lonSa indaceae Longan Tree A/cultivated
Hevea brasiliensis Eu horbiaceae Para Rubber Tree Tree A
I moea alba Convolvulaceae Moonflower Vine A
I moea obscum Corrvolvulaceae None Vine A
Justiciabetonica Acanthaceae White Shrimp Plant Shrub A
Kalanchoe tubiflora Cmssulaceae Chandelier plant Herb A
K llin nemomlis C mceae K Ilin Herb A
Malvastmm commandeltanum Malvaceae False Mallow Herb A
Mangifera indica Anacardiaccae Mango Tree A
Mimosa puffica Fabaceae Sensitive Plant Herb A
Monstera deliciosa Araceae Monstera Shrub A
Montanoa hibiscifolia Asteraceae Montanoa Shrub A
Oreopanax sp. Arailiaceae None Shrub A/cultivated
Oxalis corymbosa Oxalidaceae Pink Wood Sorrel Herb A
Panicum maximum Poaceae Guinea arass Herb A
Paspalum conjugatum Poaceae Hilo grass Herb A
Persea amencana Lauraceae Avocado Tree A
Pithecellobtum saman Fabaceae Monkeypod Tree A
Rubusrosifolius Rosaceae Th nrblebe Shrub A
Setaria palmifolia Poaceae Mragrass Herb A
Sida rhombifolia Malvaceae Cuba Jute Herb A
Sonchus oleraceus Asteraceae Pualele Herb A
S thodea cam lata Bi omacea African tulip Tree A
S e as ens Rubtaceae Buttonweed Tree A
S ndias dulcis Anacardiaceae Vi Apple Tree A
S edrella noditlora Astemceae Nodeweek Herb A
Thunber ' PA&Tns Acanthaceae White Thunber ' Vine A
Waltheria indica Sterculiaceae Uhaloa Herb I
A = alien, E = endemic, I = indigenous, End = Federal and State listed Endangered Species
Stephen J. Menezes 447 lGpuni Street Hilo, Hawaii 96720
ATTORNEY AT LAW Tel (808)934-8976 Fax (808)934-8976
e-mail: menezes@prodigy.net
Tr.9 t? ;i ?g
March lti; 2004
VIA HAND DELIVERY
Christopher J. Yuen
Planning Director
101 Pauahi Street, Suite 3
Hilo, 111 96720-3043
Re: Applicant: Jack and Barbara Umphrey
Change of Zone Application (REZ 03-032)
Reauest: RS-7.5 to CV-7.5: TMI(:(3)7-9-003-061
Dear Mr. Yuen:
As requested by staff, I have enclosed a copy of the Commissioner's Deed to the
Umphreys for the referenced property, recorded as Document No. 2000-034923. The
property description, at pages 8-9, grants the Umphreys an easement over the roadway
abutting the north side of the property.
Very truly yours, 4Z
OHE'NJ.
Enclosure
xc: J. and B. Umphrey
049310
EXHIBIT
0
~J R-12,6
STATE OF HAWAII,
$11RRAUI OF CONVFYANC:FS
RECORDED
MAR 16, 2000 08:01 AM
DOC No(4) 2000-034923
/s/CART, T. WATANABE
ACT I NE+
RSOTSTRAR OF %4VFYANCE:
) 1UU11
CONVRYANCF TAR: $7180.00
LAND COURT REGULAR SYSTEM
AFTER RECORDATION, RETURN BY MAIL ( X ) PICK-UP ( ) q
JACK D. UMPHREY Tins Do MENT CONTAINS PAGES K
BARBARA A. UMPHREY
78-6781 Walua Road TG: 323094D
Kailua-Kona, HI 96740 TGE: 99-301-1009
Marlene Elisaga
COMMISSIONER'S DEED
WHEREAS, by "FINDINGS OF FACT; CONCLUSIONS OF LAW; ORDER
GRANTING MOTION FOR SUMMARY JUDGMENT AGAINST JOHN GARDNER, DEBRA
GARDNER, AND FOR INTERLOCUTORY DECREE OF FORECLOSURE; EXHIBIT "A"
filed in the Circuit Court of the Third Circuit, State of Hawaii on
March 16, 1999 in the case entitled NEW CENTURY MORTGAGE
CORPORATION vs. JOHN GARDNER, et al., Civil No. 98-074K; MEREDITH
LENELL was appointed Commissioner to sell the property hereinafter
described in Exhibit "A" attached hereto;
WHEREAS, the said property was sold by MEREDITH LENELL/as
Commissioner, to JACK UMPHREY or his nominee at a public sale,
s:\forea10s\NCM-Gard\2.wty 98-N-755
M1
which sale was confirmed by Order of said Court filed on December
2, 1999, and which Order authorized the said Commissioner to
execute a deed for the property to the said purchaser or its
nominee; and
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That MEREDITH LENELL, Commissioner, whose mailing address
is 75-5995 Kuakini Highway, Suite 441, Kailua-Kona, HI 96740,
hereinafter called the "Grantor", for and in consideration of the
sum of TEN DOLLARS ($10.00) and other valuable consideration to him
in hand paid by JACK D. UMPHREY and BARBARA A. UMPHREY,,husband and
wife, whose address is 78-6781 Walua Road, Kailua-Kona, Hawaii
96740, hereinafter called the "Grantee", receipt of which is hereby
acknowledged, has sold and by these presents does hereby bargain,
sell, assign, convey, and transfer unto the said Grantee as Tenants
by the Entirety, aforesaid in fee simple absolute, all of the
property located at 79-7275 Mamalahoa Highway, Kealakekua, Hawaii
96750, more particularly described in Exhibit "A" attached hereto
and by reference made a part hereof.
TOGETHER with all and singular the improvements
tenements, rights, easements, privileges, hereditaments, and
appurtenances thereunto belonging, or in anywise appertaining and
the reversion and reversions, remainder and remainders rents,
issues, and profits thereof.
TO HAVE AND TO HOLD the same unto the said Grantee,
9:\forec10a\NCM-Gard\2.wty 98-N-755
Mi 2
according to the tenancy herein set forth, in fee simple, forever.
AND the Grantor does hereby covenant and agree with the
Grantee and its heirs, executors, administrators, personal
representatives and assigns that she has good right to sell and
convey the foregoing real property as aforesaid, and that in all
respects, she has fully and faithfully complied with all orders of
the Court concerning the sale of said real property and has fully
and faithfully discharged all and singular her duties as
Commissioner as aforesaid.
s:\foreclos\NCM-Gard\2.m y 98-N-755
Mi 3
IN WITNESS WHEREOF, the Grantor has hereunto set her hand
AOOO
on the day of :JZO~ ~91}9s - ^~'(p
Ar
MEREDITH LENELL, Commissioner
"Grantor"
ACK D. UMPHRIEY
~ 8 SARA A. UMPHR&y
"Grantee"
s:\foreclos\ADV-Keal\ADV-Keal.wty 98-A-514
mi 4
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
~ ~ ooo~l
day of
On this
before me appeared MEREDITH LENELL as Commissioner, duly appointed
by "Findings of Fact; Conclusions of Law; Order Granting Motion For
Summary Judgment Against John Gardner, Debra Gardner, and For
Mat~c,1•~ 1 b
Interlocutory Decree of Foreclosure; Exhibit "All" filed *evembe~2,~
I&SZ t
in the Circuit Court of the Third Circuit, State of Hawaii in
Civil No. 98-074K, to me known to be the person described in and
who executed the foregoing instrument, and acknowledged that she
executed the same as her free act and deed as such Commissioner.
ZL X~L oLerlA ko/YKAw/
N tart' Public, State of Hawaii
My commission expires: 1 J_~a.()a
s:\foreclos\ADV-Keal\ADV-Keal.vty 98-A-514 -
mi 5
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
~j) s 2.0 4D 0
On this day of }999,
before me personally appeared JACK D. UMPHREY, to me known to be
the person described in and who executed the foregoing instrument
and acknowledged that he executed the same as his free act and
deed.
I
Notary Public, State of aii
My commission expires:
MARLENE EUSAGA
Expiration Date: August 1, 2001
s:\forec1os\NCN-Gard\2.wty 98-N-755
mi 6
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
On this day of ,
before me personally appeared BARBARA A. UMPHREY, to me known to be
the person described in and who executed the foregoing instrument
and acknowledged that she executed the same as her free act and
deed.
Notary Public, State of Ha aii
My commission expires: MARLENE EUSAGA
Expiration Date: August 1, 2001
e:\forec1os\NCM-Gard\2.w y 98-N-755
mi 7
EXHIBIT "A"
All of that certain parcel of land (being portion of the land(s)
described in and covered by Royal Patent Grant Number 987 to Pololi)
situate, lying and being at Kawanui lot, District of North Kona,
Island and. County. of..Hawaii, .State _of-Hawaii, being LOT.C,. and thus _
bounded and described:
Beginning at the southeast corner of this parcel of land at the
southwest corner of Parcel B and on the northside of a 20 feet wide
roadway easement, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "PUU 0 HAW being 10,304.56
feet north and 8,522.32 feet east and running by azimuths measured
clockwise from true south:
1. 720 04' 157.94 feet along north aide of a 20
feet wide roadway easement;
2. Thence along a 20 feet radius curve to the right, the chord
azimuth and distance being:
1210 50' 30" 30.54 feet along the same;
3. 1710 37' 124.86 feet along east side of
Government Main Belt Road;
4. 2480 51' 20" 77.67 feet along a portion of Grant
987 to Pololi;
5. 2440 46' 20" 80.04 feet along the same;
6. 3420 04' 160.97 feet along Parcel B, a portion
of Grant 987 to Pololi to the
point of beginning and
containing an area of 25,580..
- - - feet, more or less.
Together with a 20 feet wide roadway easement, being more particularly
---described as follows:'
r
• All of that certain parcel of land (being portion of the land(s)
described in and covered by Royal Patent Grant Number 987 to Pololi)
situate, lying and being at Kawanui 1st, District of North Kona,
Island and County of Hawaii, State of Hawaii, being a portion of (3)
7-09-03-001 and 034, and thus bounded and described:
Beginning at the north corner of this parcel of land and at the
-southeast corner of Parcel A, the-coordinates of said point of
beginning- referred to Government Survey Triangulation Station °PUU O
HAU" being 10,397.50 feet north and 8,809.49 feet east and running by
azimuths measured clockwise from true south:
1. 3470 41' 20.10 feet along a portion of Grant
987 to Pololi;
2. 720 041 467.90 feet along Parcels 1 and 2;
3. Thence along a 20 feet radius curve to the left, the chord
azimuth and distance being:
310 50' 30" 25.83 feet along Parcel 2;
4. 1710 371 60.85 feet along east side of
Government Main Belt Road;
5. Thence along a 20 feet radius curve to the left the chord
azimuth and distance being:
3010 50' 30" 30.54 feet along Parcel C;
6. 2520 041 459.78 feet along Parcels C, B and A to
the point of beginning and
containing an area of 9,864
square feet, more or less.
BEING THE PREMISES ACQUIRED BY QUITCLAIM DEED
GRANTOR DEBRA GARDNER, wife of John Gardner
GRANTEE JOHN GARDNER and DEBRA GARDNER, husband and wife,.
as Tenants by the Entirety
DATED October 22, 1997
RECORDED Document No. 97-146145
a
? ° R°"IC ~r arrr..
6 2004
March 16, 2004
41
Commissioners
Planning Department
County of Hawaii
101 Pauahi St. Suite 3
Hilo, Hi 96720
Dear Commissioners:
We own a residential dwelling in Honalo, Hawaii, TMK: 3-7-9-003-042
located above the vacant lot north of the property requesting a change from
residential to village commercial. We oppose granting of this request
because it will add to the present traffic congestion. There are 2 businesses
and a church on the mauka side of the highway and three commercial
buildings on the makai side along with several private driveways all having
direct access to Mamalahoa Highway within a distance of 500 feet. In the
morning and afternoon rush hours, it is almost impossible to exit making a
left turn unless a motorist stops and lets you out. Even then there is some
danger as you must be aware of the oncoming traffic due to the limited
vision.
We would ask that the commissioners to personally experience exiting from
the above mentioned areas before you make a decision.
Sincerely yours. Q
George A. Harai Elaine S. Harai
EXHIBIT
P.O. Box 563
Kealakekua, HI 96750
March 22, 2004 ?
County of Hawaii Planning Commission
To Whom It May Concern:
On March 19, 2004 there was a public hearing in which I was unable to attend. It was
regarding the change of zoning from RS-7.5 to CV-7.5. Jack and Barbara Umphrey
are proposing to use the property for office and commercial purposes. The property
can be identified as TMK: (3) 7-9-003-061.
1 am against this change in zoning. During rush hour traffic, the traffic tends to
bottleneck by Teshima Restaurant by approving this zoning change it would make a
bad situation even worse. I've often spent a half an hour waiting in traffic from
Higashihara Park to Teshima Restaurant.
Another reason I am against this change is because this property is surrounded by
residential properties. We have enough buildings in this area tike Honalo Business
Plaza, Shell Gas Station, and Honalo Apartments.
Please consider this when making your decision to change the zoning.
Sincerely,
Shari T. S. Jumalon
f
cc Stephen J. Menezes
EXH BIT
Stephen J. Menezes 441 Kipuai Street Hilo, HQ` ui 96720
ATTORNEY AT LAW Tel (608193 4-89 1 6 Fax (Mg)-34-6916
e-maN: menezes@earlhlink,net
January 10, 2005
-7 t k
Darryl J. Oliveira, Fire Chief
25 Aupuni Street
Hilo, Hawaii 96720
Re: Applicant: Jack and Barbara Umphrey
Change of Zone Application (REZ 03-032)
Request: RS-75 to CV-7.5: TMK: (3)7-9-003-061
Dear Chief Oliveira:
I represent Jack and Barbara Umphrey, applicants under the referenced change of zone
request.
The application has been unable to proceed because of an issue over whether there is
sufficient water available to meet fire-flow requirements for a commercial project There is an
eight inch waterline serving the property, which the Department of Water Supply's standards
deems insufficient for fire-flow purposes.
The property is located in Honalo on the mauka side of Mamalahoa Highway.' I have
enclosed a location map and a site plan which shows the project will consist of three buildings of
1140, 1260 and 1740 square feet.
At my request, Pura] Water Specialty Co., Inc. conducted a hydrant flow test at the
hydrant on Mamalahoa Highway closest to the property. I have enclosed a copy of Pural's
report, which states the theoretical flow at 1453 gpm. I understand that 2000 gpm is generally
required for fire-flow purposes for a commercial project. However, a flow of less than 2000
gpm may be sufficient if sprinklers are installed in the project's buildings.
The Umphreys are willing to install sprinklers in the project's buildings. I would
appreciate your reviewing this matter and determining whether the project will have adequate
fire protection if sprinklers are installed.
Thank you for your consideration.
Very ulyyours,
NE E
S
Enclosures{ t
xc: Jack and Barbara Umphrey
Planning Department
EXHIBITy
MtV O! yq4
OJ ^'~'••.q4 Harry Kim - Darryl J. Oliveira
Mayor - Fire Chief
P` Desmond K. Wery
p <r!°1•iP'~ Deputy Fire Chief
Until of'abroad f
1':XIRE DEPARTMENT
' - 15 40puni Street • Suite 103 • Hilo, Hawal`i 96720
(808) 961-8297 • Fax(808)961-8296
January 20, 2005
Mr. Stephen J. Menezes
441 Kipuni Street
Hilo, HI 96720
Dear Mr. Menezes,
RE: APPLICANT: JACK AND BARBARA UMPHREY
CHANGE OF ZONE APPLICATION (REZ 03-032)
REQUEST: RS-7.5 TO CV-7.5
TMK: (3) 7-9-003-061
Based on Fire Inspector Jack Pacleb's review of your request and accompanying
hydrant flow test results for the above-referenced project, he has determined that fire
protection needs will be met with the installation of sprinklers in the project's buildings.
I am, therefore, approving your request for a variance based on the condition that the
applicant also complies with the requirements of Uniform Fire Code, Section 10.301(c),
in the event the hydrant(s) are remote.
If you have any questions regarding this matter, please call Inspector Pacleb at
961-8350.
Sincerely,
AR YL OLIVEIRA
Fire Chief
DO:lk
cc: Inspector Jack Pacleb
Planning Department V,%% CO
°4 .y
x <
EXHB °
Hawai i County is an Equal Opportunity Provider and Employer. `
Stephen J. Menezes 441 Kipuni street Hilo, Hawaii 96720
ATTORNEY AT LAW Tel (808)934-8916 fax (808)934-8916
„i.Vj e-mail! menezesCearthlink.net
°j.
d7
I
FebruatY9, 2005
Christopher Yuen, Planning Director
1Q1 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Applicant Jack and Barbara Umphrey
Change of Zone Application (REZ 03-032)
Request: RS-7-5-to- CV-7,5. TMK:(3)7-9-003-061
Dear Mr. Yuen:
The. Planning Commission hearing. onthe referenced application was continued
due to an issue regarding water availability for fire protection purposes.
The issue has been resolved.- As-stated in Chief oliveira's.letter dated January 20,
2005, the Fire Department "has determined that fire protection needs will be met with
the installation of sprinklezs in the project's buildings." The pplicants are willing to
install such sprinklers as may be required by the Fire Depaent and Uniform Fire
Code.
Therefore, I am requesting that this matte be rescheduled for hearing before the
Planning Commission.
Very truly yours,
PHEN J. MENE E
xc: Jack and Barbara. Umphrey
EXHIBIT ~
c1 warF~
Q4`~ f bp`'i
19 /0
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI
Of Baw>U•345 KEKOANAO'A STREET, SUITE 20 H(~O, HAWAI'I 96720
TELEPHONE (808) 961-8050 - FAX 8657
March 11, 2005
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-032)
REQUEST: RS 7.5 TO CV 7.5
APPLICANTS - JACK AND BARBARA UMPHREY
TAX MAP KEY 7-9-003:061
In response to the Fire Department's requirement for sprinklers in the project's buildings to meet the
fire-flow requirement, the Department has the following comments and conditions for the subject
application.
Currently the parcel is serviced by a 1-inch service lateral for a 5/8-inch meter that is restricted to a
daily maximum of 600 gallons. Based on the prevailing water situation in the area, water for 2
additional units, or a maximum of 1,200 gallons per day, can be made available from an 8-inch
waterline along Mamalahoa Highway with meter connection sizes subject to review and approval by
the Department.
However, prior to issuing a water commitment to the proposed development for up to 2 additional
units of water, the following are required:
1. The anticipated maximum daily water usage and peak-hour flow for the proposed development, as
recommended by a registered engineer, must be submitted. The Department reserves the right to
make a final determination.
2. Pursuant to the Department's Rules and Regulations, a water commitment may be issued for up to
2 additional units of water. The applicant shall remit a water commitment deposit and will be
informed of the deposit amount upon final determination of the submittal required in Item No. 1.
3. The applicants shall install a Department approved backflow preventer (reduced pressure type) on
the subject property just after the meter. A licensed contractor shall install the backflow preventer
within 90 days of the effective date of the Change of Zone approval if using the existing meter or
prior to water service being granted for a new service. The ins,taljgtyq}~~y~ sembly of the
L 06~84~
VVater brinc~~ rroc~re~6...
The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD)
Mr. Christopher J. Yuen, Planning Director
Page 2
March 11, 2005
backflow preventer must be inspected and approved by the Department. The backflow preventer
shall be operated and maintained by the customer. A copy of our backflow preventer handout is
being forwarded to the applicants to help them understand this requirement.
Upon completion of the Item Nos. I and 2, an official water commitment will be effected in
accordance with the Department's Rules and Regulations. The commitment will be in writing with
specific conditions and effective dates stated.
Please keep in mind that this letter shall not be construed as a water commitment. In other words,
unless a water commitment is officially effected, water availability is subject to change, depending on
the water situation.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 252.
Sincerely yours,
/iltonavao, P.E.
Manager
SHK:dms
copy - (w/enc.) Mr. Jack and Ms. Barbara Umphrey
(w/enc.) Mr. Stephen J. Menezes
(w/o enc.) Cross Connection Section, DWS Microbiology Laboratory
Mar 30 05 09:51a P hlic Works 8C 327-3533 P•1
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII e
DATE: March 30, 2005 a 3
CCod
Me o a dum °
O 14 U LL LL
TO Christopher J. Yuen, Planning Director
Planning Department "
FROM Galen M. Kuba, Division Chief 2 s
,a Engineering Division 0 a c
SUBJECT Change of Zone Application (REZ 03-032) s o
Applicant: Jack and Barbara Umphrey c {
Location: Kawanui 1s`, N. Kona, HI a ' 3 a
TMK: 317-9-003:061
Please consider a revision to number 4 under ROADWAYS of our comments dated
February 5, 2004. The amended portion is underlined and the deleted portion is
bracketed.
4. Mamalahoa Highway, the County road serving the subject property, is a secondary
arterial road. It has a 22-ft. wide pavement within a variable right-of-way width
(approximately 40-50 feet wide in the vicinity of the proposed project). It is
substandard based on width, alignment and roadside hazard clearances.
Mamalahoa Highway shall be improved to an 80-ft. right-of-way according to the
County's General Plan.
The applicant shall improve additional right-of-way along the entire subject
property frontage of Mamalahoa Highway equal to one-half the difference between
the existing right-of-way width and [80] 60 feet and dedicate it to the County. Such
improvements shall consist of, but not be limited to, pavement widening with
concrete curb, gutter and sidewalk, drainage improvements, and any relocation of
utilities; meeting with the approval of the DPW. The applicant shall construct all
required improvements at no cost to the County and dedicate them to the County
prior to the issuance of a certificate of occupancy. In addition, a 10 foot wide future
road road widening setback easement shall be Provided within the subiect
property along the widened Mamalahoa Highway right-of-way.
Install street lights, signs and markings meeting with the approval of the DPW,
Traffic Division.
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
PLNG-KONA
EX IBIT 0684,05
RUmphry-REZ03-032.jwd 03-31-05
COUNTY OF HAWAII PLANNING DEPARTMENT
REVISED RECOMMENDATION
JACK AND BARBARA UMPHREY
CHANGE OF ZONE APPLICATION (REZ 03-032)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for the Change of Zone request 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 applicants are proposing to re-designate 25,580 square feet of land from a
Single-Family Residential-7,500 square feet (RS-7.5) district to a Village Commercial-
7,500 square feet (CV-7.5) district to allow the establishment of offices and commercial
facilities within the project site. The applicants propose to convert one of the existing
dwellings into offices and erect two smaller buildings along the eastern edge of the
property for mixed-use purposes. The applicants propose to demolish the older
efficiency dwelling. Additionally, the applicants propose to provide an approximate
27-space parking lot, including 2 handicap spaces.
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, but ultimately, on the future development of the
whole island.
The proposed change of zone request from RS-7.5 to CV-7.5 would further the
County's goals of providing an economic environment which allows new or existing
businesses to expand and diversify the County's economic base, and also increase choice
of occupations. The proposed use would be consistent with the following goals, policies
and standards of the Economic, Land Use and Commercial Elements of the General Plan.
Economic Element:
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Strive for diversity and stability in its economic system.
• Provide an economic environment which allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural,natural and
social environment.
• Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
• Strive for diversification of the economy by strengthening existing industries and
attracting new endeavors.
The applicants will be providing residents who live south of Kailua-Kona more
opportunities for commercial services and employment, which will be located closer to
their residence than traveling to Kailua Kona for these services.
Land Use Element
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access and public need.
-2-
Commercial Element:
• Provide for commercial developments that maximize convenience to users.
• Distribution of commercial areas shall meet the demands of neighborhood,
community and regional needs.
• The development of commercial facilities should be designed to fit into the locale
with minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of such
developments.
The proposed change of zone is located in an area designated in the General Plan
and the Kona Regional Plan to allow village commercial zoning and commercial uses.
The proposed change of zone compliments the projected commercial needs of residents
south of Kailua-Kona.
The subject rezoning action conforms to the LUPAG Map which designates
the area for Medium Density Urban Development. The Land Use Pattern Allocation
Guide (LUPAG) Map component of the General Plan represents the document's goals,
policies, standards and courses of action to guide the coordinated growth and
development of the County. It reflects a graphic depiction of the spatial relationships
among various land uses and the expressed policy statements of the document itself. The
LUPAG Map, in essence, establishes the basic land use pattern for areas within the
County. The Medium Density designation allows village and neighborhood commercial
and single family and multiple family residential and related functions (multiply family
residential - up to 35 units per acre). The proposed site would be suitable and allow for
Village Commercial uses. The applicants are requesting the change of zone to allow
commercial uses on the property. The rezoning reclassification would be a reasonable
expansion of commercial activities associated with this designation and the existing
commercial uses in the area.
The Kona Regional Plan was adopted by Resolution in 1984 by the Planning
Commission to serve as a guide for all decisions within the North and South Kona
districts. The Land Use Concept Map designates the area as Village Commercial. The
proposed use will further complement the goals of the Kona Regional Plan.
-3-
The property is situated within close proximity to commercial areas,
employment centers and public safety services. Parcels fronting Mamalahoa Highway
to the north and west of the subject parcel are zoned CV-7.5. To the east and further west
are properties zoned RS-7.5 and RS-15 in residential uses. Lastly, to the south are
properties zoned A-5a. Approximately''/z mile further south of the subject property is
another strip zoned CV-7.5 along Mamalahoa Highway. Commercial rezonings in the
vicinity include:
TMK: 7-9-14:14, Ordinance No.69 10 effective October 15, 1969, RS-7.5 to CV-
7.5 to Teshima Enterprises.
TMK: 7-9-14:13, Ordinance No. 71 419 effective August 11, 1971, RS-7.5 to
CV-7.5 to Henry Nelson.
• TMK: 7-9-3:32, Ordinance No. 81 667 effective February 10, 1981, RS-7.5 to
CV-7.5 to David Basque.
TMK: 7-9-14:3, Ordinance No. 83-875 effective April 26, 1983, RS-15 to CV-7.5
to Berne Hal-Mann.
The proposed change of zone would, therefore, complement the existing
commercial land uses, be consistent with the transition from residential to commercial
occurring in the immediate vicinity and provide for an orderly commercial development
of the area. The property is located less than four miles from the nearest police station
and approximately two miles from the nearest fire station.
All utilities and services are or will be made available to the project site
which is essential to accommodate urban development. Access to the property is
proposed to be from Mamalahoa Highway, a County-owned highway. The proposed
commercial uses are intended to serve the mauka Kona area. The Department of Public
works commented that the property has frontage along Mamalahoa Highway where
turning activity will hold up traffic, in particular the left turning traffic traveling
southbound in the PM peak hours. To address these concerns regarding additional
delays, a condition of approval will be added to require that the zoning be concurrent
with traffic improvements for the area. The favorable recommendation is on the
condition that the rezoning does not become effective until the Mamalahoa Bypass
-4-
Highway has been completed and opened from Keauhou to Napoopoo, or until
improvements have been made to the Mamalahoa Highway in the area providing a
continuous left turn lane. Because Mamalahoa Highway is the area is now extremely
congested, we could not recommend a commercial project unless either the Mamalahoa
Bypass Highway has been completed, which would significantly reduce traffic in the
area, or a lane has been constructed to deal with left turns. The Mamalahoa Bypass
construction is currently stopped, primarily due to the court injunction in the Hokulia
case, but also by a burial near the Halekii intersection and the condemnation of one
parcel. The County Department of Public Works is exploring a left turn lane but there
are some serious issues. DPW also has concerns about the applicant's ability to conform
to the minimum sight distance requirement and recommends that the applicants improve
additional right-of-way along the entire subject property frontage of Mamalahoa
Highway equal to one-half the difference between the existing right-of way width and
sixty (60) feet and add a 10-foot wide future road widening setback easement along the
widened Mamalahoa Highway. Both the State Department of Transportation and the
Department of Public Works recommended that the driveway access from the subject
property be aligned opposite of Saint Paul Road to ensure the flow of traffic and
minimize turning conflicts. Conditions of approval will be included to address these
improvements. Currently, water is available to the property from an existing 5/8-inch
meter. Water for two (2) additional units can be made available from an 8-inch waterline
along Mamalahoa Highway. All other utilities and services are available to the property.
The project has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The property is
rectangular in shape, and the topography is slightly sloping. According to the Flood
Insurance Rate Map (FIRM), it is within Zone X, an area determined to be outside the
500-year flood. The property is also located outside of any tsunami inundation area.
Any new construction or improvements to the project area must comply with Chapter 10
and Chapter 27 of the Hawaii County Code relating to Erosion and Sediment Control and-
Flood Hazard Control. The property has been previously graded and developed with two
dwellings and therefore, no endangered or threatened species of floral or fauna nor any
-5-
archaeological sites are anticipated to be found on the property.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately two miles mauka of the
shoreline and therefore will not be impacted by coastal hazard and beach erosion. There
is no record of a designated public access that traverses the property.
The proposed request from a Single-Family Residential-7,500 square feet
(RS-7.5) district to a Village Commercial- 7,500 square feet (CV-7.5) district will not
have a significant adverse impact to traditional and customary Hawaiian Rights. 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. These rights must be addressed in terms of the cultural, historical, and natural
resources and the associated traditional and customary practices of the site.
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records was included in the application. A botanical study of the subject property was
conducted on May 17, 2002 by Ron Terry, Ph.D., and Layne Yoshida, M.A.
The valuable cultural, historical, and natural resources found in the nroiect area:
By letter dated January 20, 2004, the Department of Land and Natural Resources-State
Historic Preservation Division (DLNR-SHPD) determined that previous
grubbing/grading has altered the land, and therefore "no historic properties will be
affected" by this undertaking.
According to the botanical survey conducted, there were no threatened or
endangered plant species present and no rare species or ecosystems present or nearby.
Possible adverse effect or imuairment of valued resources: As stated by the
Department of Land and Natural Resources-Historic Preservation Division, "they believe
that no historic properties will be affected by this undertaking." According to the
applicants, the subject site has been graded and is currently utilized for residential use.
Due to the improved nature of the project site and immediate surrounding area, it is
unlikely to contain any significant historic sites.
-6-
Feasible actions to protect native Hawaiian rights: As stated above, it is unlikely
to contain any significant historic sites. Nevertheless, a condition will be included to
require the notification of the Department of Land and Natural Resources-State Historic
Preservation Division should any archeological sites be encountered during the course of
development.
Based on the above findings, this request for a Change of Zone from a Single-
Family Residential (RS-7.5) to a Village Commercial (CV-7.5) zoned district would
result in an appropriate land use pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-6 (Kailua-Honalo Urban Zone Map)
is provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
-7-
CUmphry-REZ03-032Jwd 03-31-05
CONDITIONS OF APPROVAL
JACK AND BARBARA UMPHREY
CHANGE OF ZONE APPLICATION (REZ 03-032)
A. The applicants, its successors or assigns shall be responsible for complying with all stated
conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water Supply, the
applicants shall submit the anticipated maximum daily water usage and peak-hour flow
calculations as recommended by a registered engineer, and a water commitment deposit
in accordance with the "Water Commitment Guidelines Policy" to the Department of
Water Supply within ninety days from the effective date of this ordinance. The
applicants shall finalize the allocation of water commitments sufficient to allow the
proposed development prior to Final Plan Approval.
C. The applicants shall install a Department of Water Supply approved backflow preventer
(reduced pressure type) on the subject property just after the meter. A licensed contractor
shall install the backflow preventer within 90 days of the effective date of this ordinance
if using the existing meter. If an additional or larger meter is required, the backflow
preventer shall be installed prior water service being granted.
D. Construction of the proposed development shall be completed within five (5) years from
the effective date of this ordinance. Prior to construction, the applicants, successors or
assigns shall secure Final Plan Approval for the proposed development from the Planning
Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County
Code. Plans shall identify all existing and/or proposed structures, paved driveway access
and parking stalls associated with the proposed development. Landscaping shall also be
indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements).
E. The effective date of this ordinance shall be: (1) the completion and opening of the
Mamalahoa Highway Bypass Road to Napoopoo Junction or (2) the completion of the
Mamalahoa Highway improvements along the subject frontage including a continuous
-1-
two-way left-turn lane, whichever occurs first. Until the effective date of zoning, the
property shall remain in its current RS-7.5 zone.
F. A Traffic Impact Analysis Report (TIAR) will be required if the project differs
substantially from the representations made by the applicants, that is, from a conversion
of an existing 1740 square foot home to office use, and conversion of two (2) buildings of
approximately 1100 square feet each for office or retail use. The applicants will submit
the TIAR for review and approval by the DPW. The applicants shall construct any
improvements as recommended by the Department of Public Works after review of the
TIAR.
G. All driveway connections to Mamalahoa Highway shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code. The applicants shall verify the sight distance
for the entrance in their application for plan approval.
H. Vehicular access from Mamalahoa Highway shall be from one common approach aligned
opposite Saint Paul Road meeting with the approval of the Department of Public Works.
I. The applicants shall improve additional right-of-way along the entire subject property
frontage of Mamalahoa Highway equal to one-half the difference between the existing
right-of-way width and 60 feet and dedicate it to the County. In addition, a 10-foot wide
future road widening setback easement shall be provided within the subject property
along the widened Mamalahoa Highway right-of-way. Such improvements shall consist
of, but not be limited to, pavement widening with concrete curb, gutter and sidewalk,
drainage improvements, and any relocation of utilities meeting with the approval of the
Department of Public Works. The applicants shall construct all required improvements at
no cost to the County and dedicate them to the County prior to the issuance of a
Certificate of Occupancy.
J. Install streetlights, signs and markings meeting with the approval of the Department of
Public Works-Traffic Division.
K. All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties.
L. A drainage study shall be prepared by a licensed civil engineer and submitted to the
Department of Public Works prior to issuance of a construction permit. The
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recommended drainage improvements shall be constructed meeting with the approval of
the Department of Public Works prior to receipt of a Certificate of Occupancy.
M. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of a Certificate of Occupancy.
N. 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 Resource - State Historic Preservation Division
(DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
0. If the applicants, successors, or assigns develop residential units on the subject property
in excess of the three (3) units allowed by the current RS-7.5 zoning, the applicants shall
make its fair share contribution to mitigate the potential regional impacts of the property
with respect to parks and recreation, fire, police, solid waste disposal facilities and roads.
The fair share contribution shall become due and payable prior to receipt of Final Plan
Approval. The fair share contribution for each lot shall be based on the actual number of
residential units developed. The fair share contribution in a form of cash, land, facilities
or any combination thereof shall be determined by the County Council. The fair share
contribution may be adjusted annually beginning three years after the effective date of
this ordinance, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a combined value of $6,411.25 per
multiple family residential unit. The total amount shall be determined with the actual
number of units according to the calculation and payment provisions set forth in this
condition.
The fair share contribution per multiple family residential unit shall be allocated as
follows:
1. $3,162.49 per multiple family residential unit to the County to support park and
recreational improvements and facilities;
2. $99.25 per multiple family residential unit to the County to support police
facilities;
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3. $307.46 per multiple family residential unit to the County to support fire
facilities;
4. $137.04 per multiple family residential unit to the County to support solid waste
facilities; and
5. $2,704.31 per multiple family residential unit to the County to support road and
traffic improvements.
In lieu of paying the fair share contribution, the applicants may contribute land and/or
construct improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation of the Planning Director, upon consultation
with the appropriate agencies and approval of the County Council.
P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exaction or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
Q. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicants shall comply with the requirements of Chapter 11, Article 1,
Hawaii County Code relating to Affordable Housing Policy if the applicants develop
dwelling units on the property. This requirement shall be approved by the County
Housing Agency prior to final plan approval.
R. The applicants shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
S. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not be
limited to, the status of the development and to what extent the conditions of approval are
being complied with. This condition shall remain in effect until all of the conditions of
approval have been complied with and the Planning Director acknowledges that further
reports are not required.
T. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
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or are beyond the control of the applicants, successors or assigns, and that are not
the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year may be
extended for up to one additional year).
5. If the applicants should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for appropriate
action.
U. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
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PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
May 26, 2006
A regularly advertised hearing on the application of JACK AND BARBARA UMPHREY
(REZ 03-032) was called to order at 10:53 a.m. at the King Kamehameha's Kona Beach Hotel,
75-5660 Palani Road, Kailua-Kona, Hawaii with Chairman C. Kimo Alameda presiding.
PRESENT: C. Kimo Alameda ABSENT & EXCUSED: Jeffrey McCall
Fred Galdones Rene' Siracusa
Bill Graham
Andrew Iwashita
Allen Salavea
Rodney Watanabe
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
And approximately 26 people from the public in attendance.
APPLICANT: JACK AND BARBARA UMPHREY (REZ 03-032)
Continuation on the application for a Change of Zone for 25,580 square feet of land from a
Single Family Residential - 7,500 square feet (RS-7.5) to a Village Commercial - 7,500 square
feet (CV-7.5) district. The property is located along the east (mauka) side of Mamalahoa
Highway and across from Saint Paul Road, approximately 430 feet south of Teshima Restaurant,
Kawanui 0, Honalo, North Kona, Hawaii, TMK: 7-9-3:61.
ALAMEDA: Fellow Commissioners, ladies and gentlemen of the public, we are on
Agenda Item No. 2, Applicant: Jack and Barbara Umphrey. This is Rezoning 03-032. Staff?
DARROW: Thank you, Mr. Chairman. If I can direct your attention to the location
map. This is to refresh your memory. This is a continued hearing for Jack and Barbara
Umphrey. We've had several continuances for this application. At our April 22, 2005 meeting a
motion was made to send an unfavorable recommendation to the Hawaii County Council which
did not pass with a vote of three to two. The area of this application is within the North Kona
District of Hawaii, more specifically in the Honalo area. Just for reference, this white line
moving in a north/south direction is Kuakini Highway turning into Mamalahoa Highway. The
area is identified by this blue dot. The applicants in this case, Jack and Barbara Umphrey, are
requesting a change of zone for 25,580 square feet of property from RS-7.5 to Village
Commercial-7.5. The applicant's intention is to convert an existing residence to offices, create
two new structures and use them for mixed uses purposes but at this time it's unknown
specifically what those uses are to demolish an existing efficiency structure that's located
approximately in this area, and to create approximately 27 parking spaces on the property.
There are several conditions to mention. Condition E, it states that the effective date of this
ordinance shall be either the completion and the opening of Mamalahoa Highway Bypass Road
to Napoopoo Junction or the completion of Mamalahoa Highway improvements along the
subject frontage, including a continuous two-way left turn lane, whichever occurs first. Until
one or the other of these actions occur, the zoning will remain in RS-7.5. Condition F requires
that, because this property is being proposed for Commercial uses, if a use such as a convenience
store is proposed for this property that a TIAR be submitted to the Department of Public Works.
We have sent out a revised list of conditions. On there you will find revisions to Conditions F,
H, and I.
This morning we've received several letters; and one of them is from Gerry Herbert and Nancy
Redfeather and another letter is from Janice Bovard. Those should be with the Commissioners at
this time. We have received letters previously before this hearing as well.
The Planning Director is recommending that the Planning Commission send a favorable
recommendation to the Hawaii County Council. Are there any questions?
ALAMEDA: Questions, Fellow Commissioners? Commissioner Graham?
GRAHAM: Just one quick question. Jeff, I just made a note when I was reading this
stuff the other day about what you just spoke of as a TIAR may be required under certain set of
circumstances. I didn't notice anything in there like it has to be done before this or that, or
anything like that. Is that something that was omitted, or not necessary, or
DARROW: It appears that there's no timeframe. If the applicants, assigns or
successors propose to put a convenience store on this property, it would trigger the requirement
of a TIAR.
GRAHAM: So then the TIAR would need to be done before the Planning Department
gives final approval for it?
DARROW: I see your point there.
GRAHAM: And it also doesn't speak to what the TIAR says as to what might be
required or anything. So it just seemed a little floating to me.
ALAMEDA: Good point. Mr. Darrow?
DARROW: Mr. Director, would you want to add in something requiring a timeframe,
such as prior to plan approval, Condition F?
ALAMEDA: Mr. Director?
YUEN: I'm sorry. What is the date on the latest recommendation?
DARROW: It should be a yellow copy. The date is May 22, 2006.
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YUEN: Prior to submission of plans for plan approval.
DARROW: This would be on
YUEN: The sentence that says the applicant, it's better to say "shall" than "will,"
"The applicant shall submit a TIAR for review and approval by the Department of Public Works,
prior to submission of plans for plan approval."
DARROW: Thank you.
ALAMEDA: Commissioner Graham, follow-up?
GRAHAM: None.
ALAMEDA: Other comments? Questions? I don't believe we have any testifiers
today, which means we can move into a discussion or a potential motion, and then discussion.
Commissioner Watanabe?
WATANABE: I was prepared to make a motion.
ALAMEDA: Sure.
WATANABE: I move that a favorable recommendation be forwarded to the County
Council for Change of Zone Application (REZ 03-032), inclusive of the amendment to
Condition F, clarifying that the TIAR is required prior to subdivision approval.
ALAMEDA: Thank you, Commissioner Watanabe. Is there a second?
GALDONES: Second.
ALAMEDA: Seconded by Commissioner Galdones. Discussion? Commissioner
Iwashita.
IWASHITA: I just wanted to reiterate my continuing concern about, because of the very
significant conditions on the rezoning becoming effective, that is the requirement for the
highway improvements, I really see this action as premature, that We always talk about
concurrency and a concern about making sure the infrastructure is there together with the
development that we anticipate in terms of requests like these. And, to me, having such
conditions basically ignore those expressed concerns, that if we're going to be serious about
concurrency then let's get the improvements done, and then we'll look at what kind of
development it can sustain. But doing things like this really makes no sense, cart before the
horse.
ALAMEDA: Thank you, Commissioner Iwashita. I'm going too quick ahead of myself.
I have to ask the applicant or its representative if they're here today. Yes, can you please come
forward. Let me swear you in. Do you swear or affirm to tell the truth now before the Hawaii
County Planning Commission?
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UMPHREY: I do.
ALAMEDA: Thank you, sir. Can you please state your name and address for the
record.
UMPHREY: Jack Umphrey, 2895 Kalakaua Avenue, Honolulu.
ALAMEDA: Sorry, Mr. Umphrey, we just got finished with all of the amendments and
we didn't have, it didn't feel like there were applicants today so I totally forgot. I know you got
the Background Report by the Department and all the revised conditions.
UMPHREY: I have.
ALAMEDA: Do you have anything to add, or any comments, or feedback regarding
those conditions?
UMPHREY: I'd like to just make a statement.
ALAMEDA: Sure.
UMPHREY: We fully understand that this issue was all about the traffic; and as owners
we also understand that any adverse impact on ingress and egress is going to have the
corresponding negative impact on the investment of the location. Now this is a small property;
and for this principle reason it has been our plan to limit the investment to several modest-sized
buildings that might serve as offices, particularly for the medical profession because it's close to
the hospital. If the property remains Residential, one additional dwelling might be added;
however, it would sit within about 40 feet of Mamalahoa Highway; and that's a questionable
option. With the office concept a parking area would be located close to the Highway. We
apologize that this application has been on your agenda for too long; and I would ask for any
questions. But I would like to clarify one point, that there is no intention for a development of a
convenience store at this location. It just wouldn't work.
ALAMEDA: Okay, any questions for our applicant? Seeing none, you may be seated.
UMPHRY: Thank you.
ALAMEDA: Once again, there's no testimony regarding this particular application. So
now we're back right on track where we left off. We don't need to revisit, remake the motion,
do we?
TORIGOE: No
ALAMEDA: Okay, so we're at discussion again. Commissioner Graham?
GRAHAM: Thinking of the comments of Commissioner Iwashita a short while ago,
and trying to be a little more concrete as to why that's a problem, I had the same feeling he does
about doing, well, highly contingent rezonings. We look at the situation we have now and then
we say if in the future this other highway gets built or if certain work gets done on a highway out
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front that's a big mitigating addition that will help with the traffic, so we could go forward with
this at this time and make it contingent on that. But we really also have no way of knowing
when those conditions might be met, like when this other highway may be built. So if, in fact,
we took up this rezoning at some point in the future, let's say four years from now, then there's a
whole set of circumstances and traffic and all that that we can evaluate at that time and decide if,
in fact, that mitigation is sufficient. But we're trying to make that decision now and we make
these highly contingent kind of rezoning decisions. So I'm inclined to follow Mr. Iwashita's
lead and feel like it's premature in that given the situation we're in now and the traffic being
what it is it we can't justify it in that situation; and that if the situation was different in the future,
we should deal with it in the future.
ALAMEDA: Thank you, Commissioner Graham. Other discussion items?
Commissioner Salavea?
SALAVEA: I'd just like to reiterate Commissioner Iwashita's and Commissioner
Graham's sentiments. I think my opinion is that by doing the rezoning this way it just raises the
speculative nature of this particular lot and it does nothing more than make it more valuable as
the bypass road becomes closer to completion. And if the intent is to provide services then,
again, like Commissioner Graham stated when the Bypass is in, the traffic patterns have settled, I
think that will be the more appropriate time to submit the application with the most current
information available to Commissioners if it would be, whomever that may be. But at that point
in time a more informed decision can be made, rather than speculating on what might be.
ALAMEDA: Thank you, Commissioner Salavea. Motion was made on the table by
Commissioner Watanabe, seconded by Commissioner Galdones, in favor of this application.
Seeing no further discussion, staff?
DARROW: Thank you, Mr. Chairman. Commissioner Watanabe?
WATANABE: Aye.
DARROW: Commissioner Galdones?
GALDONES: Aye.
DARROW: Commissioner Graham?
GRAHAM: No.
DARROW: Commissioner Iwashita?
IWASHITA: No.
DARROW: Commissioner Salavea?
SALAVEA: No.
DARROW: And Mr. Chairman?
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ALAMEDA: Aye.
DARROW: The motion does not pass, three votes to three votes.
ALAMEDA: You will be informed of this decision in writing. Corp. Counsel?
TORIGOE: Thank you, Mr. Chair. Basically this item has been on your agenda way
past the 90-day timeframe for your consideration, so it will go up to the Council with a default
unfavorable recommendation.
ALAMEDA: Okay. Thank you.
The discussion ended at 1:50 p.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
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