HomeMy WebLinkAboutCOM 0645.000 1996-1998
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• ~ ~ -'~s William G. Davis
Managing Uirector
Stephen K. Yamaskiro .
Allayar Henry Cho
y;.,, +~C Deputy Managing Uirector
7 of M~
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25 Aupuni Stree[, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Sui[e 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Pax (808)326-5663
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December 16, 1997
Honorable James Y. Arakaki, Chairman
and Members of the County Council - -
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 97-2)
Request: Agricultural to Rural
Change of Zone Application (REZ 97-13)
Request: A-Sa to CN-7.5 and RA-.5
Applicant: William and Patricia Bergin
Tax Map~.~y: 6-4-1:92
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced applications.
Sincerely,
~ / ~
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% ~e? z~S'°^' eta
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phen K. Y~inashiro
Mayor
LBergi0l.MAY
Enclosures
cc: Planning Commission
SLU 97-2/REZ 97-13 t7ooa~ LIg (o
~ Poe loo. ~ .
Rsf. 20: f C
Date DEC I g 19971 !
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•v or
Stephen K Yamashiro
Mayor • •
~D11Itf~ Q~ ~ti~lltitt
PLANNING COMMISSION
25 Aupuni Stree4 Room 109 Hilo, Hawaii 96720-4252
(808) %1-8288 Faz (808) %1-9615
~DEi. b 199],
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 97-2)
Request: Agricultural to Rural
Change of Zone Application (REZ 97-13)
Request: A-Sa to CN-7.5 and RA-.5
Applicant: William and Patricia Bergin
Tax Mag~gy~ 6-4-I.92
The Planning Commission, after a duly held public hearing on December 4, 1997, voted to
recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from an Agricultural to Rural District for approximately 1.632 acres of land and a
Change of Zone changing the district classification from Agricultural (A-5a) to Neighborhood
Commercial (CN-7.5) and Residential and Agricultural (RA-.Sa) for approximately 2.839
acres of land. The property is located on the north side of Mamalahoa Highway across of
Waimea Town Plaza and approximately 300 feet east of Kamamalu Street, Puukapu
Homesteads, Puukapu, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the State Land Use Boundary Amendment and Change of Zone:
Ctate Land Use Bo~ndarv Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
General Plan and the Hawaii State Plan. According to the Hawaii Land Use
Commission Rules, the following three standards shall apply when determining an area
for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses.
Lands to the north and east are zoned Agricultural-Sa. Lands to the south and
west are zoned Neighborhood Commercial (CN-7.5). Surrounding land uses include
various single-family residential, commercial and agricultural uses.
Section 15-IS-27 of the Hawaii Land Use Commission Rules determines the
Permissible uses within the Rural district. This states: ' (a) Permissible uses within the
rural district shall include the following activities: (1) All uses permitted under
section 15-15-25 relating to agricultural uses and those uses that are compatible within
the agricultural district; (2) Low-density residential uses with a minimum lot size of
one-half acre. The commission for good cause may allow one lot of less than one-half
acre, but not less than 18,500 square feet, or an equivalent residential density, provided
all other lots in the subdivision have the minimum lot size of one-half acre. A petition
for variance may be processed under the special permit procedure pursuant to
subchapter 12. This exception shall apply to lots of record existing prior to January 1,
1977, and of not more than two acres. There shall be no more than one single-family
dwelling per one-half acre, except as may be provided for in this section."
The proposed boundary amendment is for similar agricultural land uses and uses
that are compatible to the Rural designation. The applicants have stated that the rear
1.632 acres will be subdivided into three 1/2 acre rural/residential lots. Thus, the
requested boundary amendment would be in the direction of fulfilling the permissible
uses of the rural designation.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The proposed change of zone request would be consistent with the Land Use
Element of the General Plan. Land use is one of the principal focal points of public
concern and policy. The Land Use Element provides the primary basis for direct
control and guidance of publicly and privately owned resources. It is also intended to
be used as a policy guide for the coordinated growth and development of all sectors of
the County. It sets forth goals, policies, standards and courses of action to
accommodate growth without congestion, to designate and preserve the lands needed
for residential use, commercial and visitor services, industry, agriculture and open
space, and to coordinate these uses with the County's service and circulation systems.
The overall Land Use goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. These state the
following:
LAND USE
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
* Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
* Promote and encourage the rehabilitation and use of urban and rural areas
which are serviced by basic community facilities and utilities.
* Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
HOUSING
* Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
* Attain a diversity of socio-economic housing mix throughout the different parts
of the County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
* Maintain a housing supply which allows a variety of choice.
* Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
* Improve and maintain the quality and affordability of the existing housing stock.
* Seek sufficient production of new affordable rental and fee-simple housing in
the County in a variety of sizes to satisfactorily accommodate the needs and
desires of families and individuals.
* Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
* The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
* The County shall protect residential property values from depreciating
influences.
SING=L.E-FAMILY RESIDENTIAL
* To maximize choices of single-family residential lots and/or housing for
residents of the County.
* To ensure compatible uses within and adjacent to single-family residential zoned
areas.
* To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
* The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
* Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
* The County shall review and amend if necessary land use ordinances and codes
to include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The proposed Rural boundary request also conforms to the LUPAG Map which
designates the area for Medium Density Urban Development. Medium Density Urban
Development refers to village and neighborhood commercial and residential and related
functions with commercial permitted up to three stories and residential permitted up to
35 units per acre. The request is consistent with the medium density form depicted on
the LUPAG Map for this area of South Kohala. This request would allow a rural
development, Residential-Agricultural and commercial activities. The area under
consideration is consistent with the rural form established for this section of the South
Kohala District as depicted on the LUPAG Map. The subject property is located
within the study area of the Waimea Design Plan. The land use concept map of the
Waimea Design Plan recommends the urban (front) portion of the property for
commercial uses. The land use concept plan has no land use recommendations for the
rear portion of the subject property. Based on the above findings, including the
General Plan's goals and policies, the granting of the rural boundary amendment would
complement and implement the General Plan.
All utilities and services are available to the property which are essential to
accommodate rural development. Access to the subject property is off Mamalahoa
Highway which has aright-of-way width of 60 feet with approximately 20 feet wide
pavement. Water is provided by a 12-inch County water line which fronts the project
site. Electrical service is available to the property from Hawaii Electric Light Co.
Inc., and telephone service is available from GTE Hawaiian Tel.
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The U.S. Corps of
Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the
500-year flood plain (Zone X). The Waikoloa Stream tributary flows along the
northern boundary of the parcel; thus, all development pla~vs must delineate the limits
of the flood zone.
While the subject property is within the State Land Use Agricultural and
County's Agricultural - Sa zoned districts, it is not currently being used for active
agricultural purposes. The Agricultural Lands of Importance to the State of Hawaii
(ALISH) System has classified a portion of the subject property located within 100 to
200 feet of the Mamalahoa Highway as existing urban development. Immediately
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
mauka of the existing urban lands are "Prime" agricultural land and the remainder of
the property is classified as "Other Important Agricultural lands." "Prime" agricultural
lands have the soil quality, growing season and moisture supply needed to produce high
sustained yields of crops economically when treated and managed according to modern
farming methods. Soils within the subject property are classified as "B" (Good),
portion fronting Mamalahoa Highway, and "C" (Fair), remainder of the property, for
agricultural productivity by the Land Study Bureau. Although classified as "B" soils,
the front 1.2 acres of the subject property are already situated within the State Land
Use Urban district. The surrounding properties are also in the County's Neighborhood
Commercial and Agricultural-Sa zoned districts and State Land Use Urban and
Agricultural districts.
Furthermore, a Rural classification would complement the existing and future
residential-agricultural and commercial land use patterns of the surrounding properties
in view of the surrounding properties and permissible uses.
Finally, it should be noted that the reclassification action would also conform to
the following goals, objectives and/or policies articulated in the Hawaii State Plan
relating to Socio-cultural advancement -Housing objectives and policies:
(a) Planning for the State's Socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily accommodate the needs and desires of families and
individuals.
(2) The orderly development of residential areas sensitive to community
needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this State to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
(3) Increase home ownership and rental opportunities and choices in terms
of quality, location, cost, densities, style, and size of housing.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
(5) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and surrounding
areas.
(6) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment
to the Rural District complements the State Land Use District Regulations and is
supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
Change of Zone Application
[n 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 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 thereby also increase the choice of
occupations. The project's low-scale design makes it compatible with the surrounding
environment with minimal social impact.
The proposed request would be consistent with the following goals and policies
of the Economic Element of the General Plan.
Economic Element
* Provide residents with opportunities to improve their quality of life.
* Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
* The County of Hawaii shall strive for diversity and stability in its economic
system.
* The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with the
County's natural and social environment.
* The County of Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
* The County of Hawaii shall encourage the development of a visitor industry
which is consistent with the social, physical and economic goals of the residents
of the County.
The applicants' objective is to develop 1.2 acres for neighborhood commercial uses on
the subject property.
The proposed change of zone request would be consistent with the General Plan
Land Use Element. Land use is one of the principal focal points of public concern and
policy. The Land Use Element provides the primary basis for direct control and
guidance of publicly and privately owned resources. It is also intended to be used as a
policy guide for the coordinated growth and development of all sectors of the County.
It sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to
coordinate these uses with the County's service and circulation systems. The overall
Land Use goals, policies and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents. These state the following:
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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
* Zoning request shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access and
public need.
The applicants are also proposing to develop a 4-lot Residential-Agricultural
subdivision in the rear portion of the subject property.
The proposed request would also complement the following goals and policies
of the Commercial Element.
Commercial Development
* Provide for commercial developments that maximize convenience to users.
* Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities and
neighborhoods.
* Commercial facilities shall be developed in areas adequately served by
necessary services, such as water, utilities, sewers and transportation systems.
* Distribution of commercial areas shall be such as to best 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.
Additionally, in the General Plan, a Course of Action for commercial
development within the South Kohala District recommends that "Appropriately located
commercial zoned lands shall be allocated as the need arises." This request would be
consistent with the urban form depicted for South Kohala in that it would add
commercial uses serving the surrounding region in close proximity to other similar
commercial zoned districts and activities.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
The Land Use Pattern Allocation Guide (LUPAG) Map component of the
General Plan is a representation of the document's goals and policies to guide the
coordinated growth and development of the County. It reflects a graphic depiction of
the physical relationship among the various land uses. The LUPAG Map establishes
the basic urban and non-urban form for areas within the County. The subject property
is designated Medium Density Urban Development. Medium Density Urban
Development refers to village and neighborhood commercial and residential and related
functions with commercial permitted up to three stories and residential permitted up to
35 units per acre. This proposed neighborhood commercial and residential/agricultural
development will provide the framework of a concentration of urban activities
occurring in an orderly manner commensurate with the provision of necessary
infrastructure. Therefore, it is determined that the request is consistent with the
medium density form depicted on the LUPAG Map for this area of South Kohala.
The subject property is located in close proximity to schools, commercial areas,
employment centers and public safety services. The subject area would provide
continued and additional commercial services for the visitor industry, residents in the
immediate vicinity, as well as for the rest of the residents of the island of Hawaii.
The Agricultural Lands of Importance to the State of Hawaii (ALISH) System
has classified a portion of the subject property located within 100 to 200 feet of the
Mamalahoa Highway as existing urban development. Immediately mauka of the
existing urban lands are "Prime" agricultural land and the remainder of the property is
classified as "Other Important Agricultural lands." "Prime" agricultural lands have the
soil quality, growing season and moisture supply needed to produce high sustained
yields of crops economically when treated and managed according to modern farming
methods. Soils within the subject property are classified as "B" (Good), portion
fronting Mamalahoa Highway, and "C" (Fair), remainder of the property, for
agricultural productivity by the Land Study Bureau. Although classified as "B" soils,
the front 1.2 acres of the subject property are already situated within the State Land
Use Urban district. The surrounding properties are also in the County's Neighborhood
Commercial and Agricultural-Sa zoned districts and State Land Use Urban and
Agricultural districts.
Existing access to the subject area is off Mamalahoa Highway which has a
right-of-way width of 60 feet with 20 feet of pavement. According to the applicants,
access to the proposed commercial area is directly off of Mamalahoa Highway, while
access to the proposed three 1/2-acre lots is via an existing private road along the
eastern boundary. The Department of Public Works states that a Traffic Impact
Analysis Report be submitted and all accesses be possibly consolidated to the private
r
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
road along the eastern side of the subject property. In addition, the entire frontage
along Mamalahoa Highway should be improved with curb, gutter, sidewalk, pavement
widening to four lanes, and any necessary transitions and striping, drainage
improvements and relocation of utilities in conformance with the proposed Mamalahoa
Highway Improvements. The Department of Public Works also stated that a left turn
pocket or a double-left turn median may be required. These improvements shall be
included as a condition of approval of the change of zone request.
The subject property is located within an area adequately served with essential
services and facilities such as water and other utilities. Water is available to the
property through an existing 12 inch waterline fronting the property. According to the
Department of Health, the property is situated within the Critical Wastewater Disposal
Area; and therefore, the applicant would be required to dispose wastewater into septic
tank system.
Finally, because the subject property and surrounding areas have been
extensively altered with urban development, it is not anticipated that endangered or
threatened candidate species of flora or fauna are located within the subject property,
nor has the area been identified as a significant botanical or biological habitat. In
addition, it is also not anticipated that the proposed development will have any adverse
impact on cultural or historical resources. The property is designated Zone X, an area
determined to be outside of the 500-year flood plain. The Department of Public
Works, Engineering Division has determined that the Waikoloa Stream tributary flows
along the northern boundary of the parcel.
Based on the above findings, approval of this change of zone request from
Agricultural-Sa to Neighborhood Commercial (CN-7.5) and Residential -Agricultural
(RA-.Sa) zoned districts would result in an appropriate land use pattern that will further
the necessity, convenience and welfare of the general public.
For your favorable consideration, an amendment to the State Land Use Boundaries Map, H-25
for the County of Hawaii, and Section 25-8-11, the Lalamilo-Puukapu Zone Map, of the
County Zoning Code is transmitted.
6
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 12
We are enclosing copies of the applications and a copy of the staff background for your
information.
Sincerely,
Y`~Kevin M. Balog, Chi an
Planning Commissio
LBergi0l.PC
Enclosures
cc: Mr. Dennis Haserot
Dr. and Mrs. William Bergin
Departrnent of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
- _ _ ~ i_ 111
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Venus Ilaxrot
ATTACHMENT TO C-645/Bill 182
& Bill 183
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COU, t OF HAWAII PLANNING DEPAR__.ENT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
APPLICANT: William C. and Patricia C. Ber in
APPLICANT' S SIGNATURE: 0 0 ~ ~ ~cR-~
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MAILING ADDRESS: 62-2279B Ranehoa
Ramueal, Al 96743
TELEPHONE: (BUS)(808) 885-4454 (HOME) 885-4466
LANDOWNER: William C. and Patricia C. Bergin
LANDOWNER'S ~
SIGNATURE: C b~.¢~q.~,~~ ~ ~5,~.tc~cJ y,-
TAX MAP KEY: TMR 6-04-01:92
LAND AREA: 2.839 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: AcTriculture
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION:_AQriculture to
IIrban (1.207 acres) and Aqriculture to Rural (1.632 acres)
THE APPLICANT SHALL SUBMIT THE FOLLOWING:
A. Non-refundable filing and processing fee of two hundred dollars.
B. Original and fifteen copies of:
1. Application form.
2. Location map.
3. Preliminary site plan, drawn to scale, with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written description
of the property and proposed development, including but
not limited to:
a. The extent to which the proposed reclassification
conforms to the applicable goals, policies,
standards, and courses of action of the General Plan
and implementing ordinances, plans and documents; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2-foot by 3-foot presentation map requested under B.3,
above.
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William and Patricia Bergin
TMK: 6-04-01:92
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
Existing State Land Use District Classification: Agriculture
Existing zoning: A-Sa.
Parcel size: 2.82 acres
Applicant: William and Patricia Bergin
62-2279B Kanehoa
Kamuela, H196743
Send correspondence to:
Applicant's agent: Dennis W. Haserot
P.O. Box 6251, Kamuela, HI. 96743
TeJ. (808) 885-2148
Reasons for requesting Amendment: The applicants wish to change the existing
Agricultural land use designation to Urban (1.207 acres) and Rwal (1.632 acres).
They intend to develop the 1.207 acres fronting Mamalahoa Highway for
neighborhood commercial uses (CN 7.5}and the rear 1.632 acres for three 1/2 acre
nuallresidential lots (RS-.5).
Desci~tion of site: The parcel is located on the north side of Mamalahoa Highway
approximately 300 feet east of Kamaznalu Street, Puukapu Homesteads, Kamuela.
The parcel contains a residence neaz the highway and is otherwise used as pasture.
A metes and bounds description and survey map of the parcel is attached.
State/Countv_plans: The General Plan designation shown on the LUPAG map for
the subject is Medium Density which allows for "Village and neighborhood
commercial and residential and related functions"
General Plan conformity, CN 7.5: The proposed rezoning is in conformance with
the Hawaii County General Plan as outlined in:
SECTION 4 -GOALS, POLICIES AND STANDARDS
M. LAND USE
(2) Commercial Development
GOALS
Provide for commercial developments that maximize convenience to users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
POLICIES
Commercial facilities shall be developed in areas adequately served by necessary
services, such as water, utilities, sewers, and transportation systems. Should such
services not be available, the development of more intensive uses should be in
concert with a localized program of public and private capital improvements to
meet the expected increased needs.
Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
STANDARDS
There are three basic types of shopping centers:
I) Neighborhood Centers
Provide: Convenience goods, e. g., foods, drugs, and personal services.
Major Shops. Supermarket and/or drug store.
Number of Shops: 5 to I5.
Acreage: 5 to l0 acres.
Approximate Market: 3,000 people.
General Plan conformity, RA .5: The proposed rezoning is in conformance with
the Hawaii County Genera] Plan as outlined in:
SECTION 4 -GOALS, POLICIES AND STANDARDS
M. LAND USE
(5) Single Family Residential
GOALS
To maximize choices of single family residential lots and/or housing for residents
of the County.
To enswe compatible uses within and adjacent to singe family residential zoned
areas.
To provide single family residential azeas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
POLICIES
Rwal style residential agricultwal developments, such as new small sca}e rural
communities or extensions of existing rural communities, shall be encowaged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for rwa] style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these azeas shall be
developed.
STANDARDS
Areas shall have basic improvements and amenities necessary for immediate use.
Areas shall be limited to low density and medium density residential uses.
r
Land Use District Conformity (Urban) The proposed reclassification is in
conformance with HRS 205 as follows:
§205-2 Districting and classification of lands.
(1) In the establishment of boundaries of urban districts those
lands that are now in urban use and a sufficient reserve area for
foreseeable urban growth shall be included;
In establishing .the boundaries of the districts in each county, the commission
shall give consideration to the master plan or general plan of the county.
(b) Urban districts shall include activities or uses as provided by
ordinances or regulations of the county within which the urban district is
situated.
Land Use District Conformity (Rurall The proposed reclassification is in
conformance with HRS 205 as follows:
§205-2 Districting and classification of lands.
(a)
(2)In the establishment of boundaries for rural districts, areas of
land composed primarily of small farms mixed with very low density
residential lots, which may be shown by a minimum density of not more
than one house per one-half acre and a minimum lot size of not less than
one-haH acre shall be included, except as herein provided:
(c) Rural districts shall include activities or uses as characterized
by low density residential lots of not more than one dwelling house per
one-half acre, except as provided by county ordinance pursuant to section
46-4(c), in areas where "city like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with low density residential lots except that within a subdivision,
as defined in section 484-1, the commission for good cause may allow one
lot of less than one-half acre, but not less than 18,500 square feet, or an
equivalent residential density, within a rural subdivision and permit the
construction of one dwelling on such lot, provided that all other dwellings in
the subdivision shall have a minimum lot size of one-half acre or 21,780
square feet. Such petition for variance may be processed under the
special permit procedure. These districts may include contiguous areas
which are not suited to low densffy residential lots or small farms by reason
of topography, soils, and other related characteristics.
§205-5 Zoning.
(c) Unless authorized by special permit issued pursuant to this
chapter, only the following uses shall be permitted within rural districts:
(1) Low density residential uses;
(2) Agricultural uses; and
(3) Public, quasi-public, and public utilfty facilities.
In addition, the minimum lot size for any tow densty residential use shall
be one-hall acre and there shall be but one dwelling house per one-haH
acre, except as provided for in section 205-2.
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APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: William C, and Patr"cia C. Ber in
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APPLICANT'S SIGNATURE: ~ L f / ~ ~~L
ADDRESS: 62-2279B Ranehoa ~
Ramneal, HI 96743
LIST APPLICANT'S INTEREST IF NOT OWNER
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS n.a.
TELEPHONE-BUSINESS: (808) 885-4454 RESIDENCE: 885-4466
REQUEST: A-Sa TO CN 7.5 and RA-.5
(Existing zoning) (Proposed zoning)
TAX MAP KEY: TMR 6-09-01:92
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:1.207(CN) 6 1.632(RA)
LANDOWNER(S):_William C. and Patricia C. Ber4in /
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OWNER' (S) SIGNATORY AUTHORIZATION _ 111 L~ , I ~ ./G I .,«Q ( Lek
(May be by letter) J
AGENT: Dennis W. Haserot
ADDRESS: P.O. Box 6251
Ramuela HI 96745
TELEPHONE-BUSINESS: 885-2148 RESIDENCE: 885-0874
Please indicate to whom original correspondence and copies should be
sent. ORIGINAL Aaent COPIES AvAlicant
William and Patricia Bergin
TMK: 6-04-01:92
APPLICATION FOR CHANGE OF ZONE
CONTENTS
LOCATION MAP
BACKGROUND
• Existing Zoning
• Parcel size
• Objectives
• Description of site
• State County plans
• General Plan conformity: CN 7.5
• General Plan conformity: RA-.S
• Surrounding zoning and land uses
• Flood Insurance Rate Map
• Archeological resources
• Floral and faunal resources
• Access
• Utilities
PLOT PLAN
COUNTY ENVIRONMENTAL REPORT
• Introduction
• Methodology
• General Site Description
• Floral, Faunal and Ecosystems: Existing Conditions
• Floral,Faunal and Ecosystems: Impacts and Mitigation Measures
• Drainage: Existing conditions
• Drainage: Lmpacts and Mitigation Measures
• Lava Flow and Earthquake Hazards: Existing Conditions
• Lava Flow and Earthquake Hazards: Impacts and Mitigation Measures
• Air Qualiry and Noise: Exrsting Conditions
• Air Quality and Noise: Impacts and Mitigation Measures
• Scenrc Resources: F,xtsting Conditions
• Scenic Resources: Impacts and Mitigation Measures
• Socioeconomic: Existing Conditions
• Socioeconomic: Impacts and Mitigation Measures
• Neighbirhood Character: Existing Conditions
• Neighbirhood Character: Impacts and Mitigation Measures
• Archaeological and Historic Sites: Existing Conditions, Impacts and Mitigation
Measures
• Public Facilities and Servrces: Existing Conditions
• Public Facilities and Servrces: Impacts and Mitigation Measures
• Conclusions
• References
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TMK 6-04-01:92
William and Patricia Bergin
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William and Patricia Bergin
TMK: 6-04-01:92
APPLICATION FOR CHANGE OF ZONE
BACKGROUND:
Existing zoning: A-Sa.
Parcel size: 2.84 acres
Objectives: The applicants wish to change the existing A-Sa zoning to CN 7.5 and
RA-.5. They intend to develop the front 1.2 acres for neighborhood commercial
uses and the rear 1.6 acres for 1/2 acre rural/residential purposes.
Descrintion of site: The parcel is located on the north side of Mamalahoa Highway
approximately 300 feet east of Kamamalu Street, Puukapu Homesteads, Kamuela.
The parcel contains a residence near the highway and is otherwise used as pasture.
A metes and bounds description and survey map of the parcel is attached.
State/County_plans: The General Plan designation shown on the LUPAG map for
the subject is Medium Density which allows for "Village and neighborhood
commercial and residential and related functions"
General Plan conformity, CN 7.5: The proposed rezoning is in conformance with
the Hawaii County General Plan as outlined in:
SECTION 4 -GOALS, POLICIES AND STANDARDS
M. LAND USE
(2) Commercial Development
GOALS
Provide for commercial developments that maximize convenience to users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
POLICIES
Commercial facilities shall be developed in areas adequately served by necessary
services, such as water, utilities, sewers, and transportation systems. Should such
services not be available, the development of more intensive uses should be in
concert with a localized program of public and private capital improvements to
meet the expected increased needs.
Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
STANDARDS
There are three basic types of shopping centers:
1) Neighborhood Centers
Provide: Convenience goods, e.g., foods, drugs, and personal services.
Major Shops: Supermarket and/or drug store.
Number of Shops: 5 to 15.
Acreage: 5 to 10 acres.
Approximate Market: 3,000 people.
General Plan conform. RA .5: The proposed rezoning is in conformance with
the Hawaii County General Plan as outlined in:
SECTION 4 -GOALS, POLICIES AND STANDARDS
M. LAND USE
(5) Single Family Residential
Through careful examination and analysis of the present situation, the following
goals, policies, and standards are set forth to guide the orderly development of
single family residential areas in the interest of the residents of the County of
Hawaii.
GOALS
To maximize choices of single family residential lots and/or housing for residents
of the County.
To ensure compatible uses within and adjacent to single family residential zoned
areas.
To provide single family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
POLICIES
Rural style residential agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural style residential subdivisions inappropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
STANDARDS
Areas shall have basic improvements and amenities necessary for immediate use.
Areas shall be limited to low density and medium density residential uses.
Surroundi~ zoning and land uses: The existing zoning designation to the north
and east is A-Sa and to the south and west it is CN. The existing use of properties
fronting Mamalahoa Highway in the general area is commercial.
Flood Insurance Rate Map Desi nag
tion The property is designated "x" on the
FIRM maps.
Archaeological resources: The property has been used for pasture and residential
purposes for many years and no historic or archaeological sites appear to be
present on or near the site.
Floral and faunal resources: No impact on native species or habitat is expected to
result from the rezoning or subsequent activities on the site. See attached County
Environmental Report.
Access: Access to the property is from Mamalahoa Highway which has a 60 foot
wide right-of--way. The planned access drive is at the existing driveway location.
Several public road projects in the planning and implementation stage will impact
the subject. Mitigation of traffic impacts from the subject project, if any, will be
developed during the plan approval process.
Utilities: Water, telephone, and electric power are available on Mamalahoa
Highway. Sewage disposal will be as approved by the Department of Health.
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ENVIRONMENTAL REVIEW
CHANGE OF ZONE REQUEST FOR TMK 6-4-01:92
PUUKAPU, SOUTH KOHAI.A, HAWAII
by Ron Terry, Ph.D.
Februazy 1997
Introduction
This Environmental Review (ER) was developed as supporting material for a change of zone
request submitted to the Hawaii County Planning Depaztment at the request of Dennis
Haserot. The rezoning applies to a 2.84-acre parcel currently zoned A-Sa (Agriculture,
minimum lot size 5 acres) in the town of Waimea on the Island of Hawaii. The property
fronts the Mamalahoa Highway (State Highway 19), and is bordered by residences, fazms
and commercial property. The landowners are William and Patricia Bergin.
The request is to reclassify/rezone 1.207 acres to State Land Use Urban, County zoning CN
7.5 (Neighborhood Commercial, minimum lot size 7,500 sf), and 1.632 acres to RA 0.5
(Residential, minimum lot size 0.5 acres). After the rezoning, subdivision into several
commercial lots and four residential lots would be possible.
Methodology
Methodology included field survey and examination of published records related to the
environmental conditions on the site.
A field survey of the property was conducted on 14 January 1997. The primary objective
was to determine whether any rare or endangered species, or habitat for such species, were
present on the parcels. A secondary objective was to characterize the flora and fauna by 1)
compiling a plant species list that would include the most common alien species and all
native species encountered; 2) characterizing the general vegetation types present; and 3)
assessing the quality of habitat for native fauna. A final objective was to identify any other
sensitive environmental conditions or potential impacts. The length of the property was
walked in zig-zag fashion four times. Over most of the property, survey involved intensive
examination of representative sample areas.
Records, maps and publications examined included the zoning maps, parcel maps and
records, State Land Use District Maps, and Flood Insurance Rate Maps (FIRM) maintained
at the Hawaii County Planning and Public Works Departments. Published sources included
the Atlas of Hawaii (2nd ed.), the Manual of Flowering Plants of Hawaii, the Rainfall Atlas
of Hawaii, the United States Geological Survey (USGS) topographical map Kamuela
(1:24,000 scale), the U.S. Soil Conservation Service's Soil Survey of Island of Hawaii, the
USGS publication Volcanic and Seismic Hazards on the Island of Hawaii, and the 1990 U.S.
Census of Population. The References section at the end of this report supplies full
references for all published material.
e -
General Site Description
Elevation is approximately 2,800 feet above mean sea level, with gentle slopes throughout
the property. Annual rainfall is 40-45 inches. The soil in the half of the property nearest the
highway is classified as Kikoni very fine sandy loam. This soil is characteristic of the plains
around Waimea, and has formed from volcanic ash on moderate to flat slopes in areas of
medium rainfall. The soil is appropriate for pasture, truck crops and wildlife habitat.
Permeability is moderately rapid, runoff is slow, and erosion hazard is slight to moderate.
The soil in the rear half of the property is Maile silt loam, also very common in Waimea. It
is very similar to the Kikoni series, differing principally in the higher proportion of fines.
The existing land use in the area proposed for rezoning is a mixture of residential, actively
used pasture (eight calves were in the pasture at the time of the survey), and apparently less
frequently grazed pasture near the back of property. Abandoned remnants of ranching,
including fenceposts, troughs and waste piles, litter the property.
Flora, Fauna and Ecosystems: Existing Conditions
The original vegetation of the project area is difficult to determine because of the long
history of both traditional Hawaiian and post-Western contact disturbance. Based on rainfall,
wind patterns, and soil, the area probably occupied an ecotone between the Lowland Mesic
Forest and the Lowland Dry Forest varieties (Gagne and Cuddihy 1990), but the region has
been extensively modified by the introduction of Western flora and fauna and cattle grazing.
Reconnaissance demonstrated that the entire parcel has been long affected by residential or
grazing uses and has a long history of domination by various combinations of alien species.
Aside from a residence and yard occupying less than 8,000 sf near the front, the property is
basically a pasture of nearly pure stands of kikuyu (Pennisetum clandestinum). The pasture
is infested to various degrees with minor amounts of weeds, including buddleia (Buddleia
asiatica), vervain (Verbena bonariensisl, Spanish clover (Desmodium spp.), and castor bean
(Ricinus communis). A number of eucalyptus (mainly Eucalyptus saligna) line the borders,
with a few trees inside as well. Several patches of taro (Colocasia and Alocasia spp.) and a
wild pumpkin (Cucurbita Deno) are found near the front. The only native observed was
popolo (Solanum americanum, a presumed indigenous plant.
No native fauna were observed on the site. It is quite possible that certain native forest
birds, seabirds or migratory birds could utilize or fly over the site, but it is unlikely that any
with threatened or endangered status would find the site suitable habitat or be affected by
activities that occur on the parcel. The two Hawaiian raptors, the Hawaiian hawk or `io
(Buteo solitariusl, and the Hawaiian owl or pueo (Asio flammeus sandwichensis), probably
make some. use of the area. Although the Hawaiian hawk is an endangered species, the
subject property is not considered to be part of its essential habitat. No hawk nests were
observed on the site, although the scale of the survey was not exhaustive and there may be
nests on or very near the property.
Environmental Report for TMK 6-4-01-92 Page 2
S
The only native Hawaiian land mammal, the Hawaiian hoary bat (Lasiurus cinereus
semotus ,may also be present in the area, as it is common in many areas on the island of
Hawaii. Observation took place in daylight, and therefore the lack of bat observations may
not signify an actual absence of bats. As with the hawk, however, the project area would
not be expected to represent essential habitat for species.
Alien bird species observed on the site during the reconnaissance were limited to the
Japanese white-eye (Zosterops japonica), spotted dove (Streotppelia chinensis), and northern
cardinal (Cardinalis cardinalisl. Feral cats (Felis catus), rats (Rattus spp.) and mice (Mus
musculus domesticusl are also likely to inhabit or use the parcels. The entire back of the
property is also a pasture for cows.
Flora, Fauna and Ecosystems: Impacts and Mitigation Measures
No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service are
present on the parcel, nor are there unique or valuable wildlife habitats. In fact, only one
native organism (the common indigenous plant popolo) was observed. The history of
continuous disturbance (including decades of cattle grazing) coupled with its lowland context
indicates that the property has very little value in terms of conserving native species. No
impact on native species or habitat is expected to result from the rezoning or subsequent
activities on the site.
Drainage: Existing Conditions
No permanent or intermittent streams appear on maps of the parcel, and no evidence of
watercourses or gullies was present in the reconnaissance. The Flood Insurance Rate Maps
for the area (Panel 168-D) classify the entire parcel and surrounding areas as Zone X, which
is identified in the community flood insurance study as areas of moderate or minimal hazard
from the principal source of flood in the area.
Drainage: Impacts and Mitigation Measures
The parcel does not appear prone to flooding or likely to produce extraordinary quantities of
runoff onto adjacent areas. For any property undergoing intensification of use, flooding can
also be generated onsite because of an increase in runoff potential from rain falling on more
impermeable surfaces. Mitigation for such impacts is achieved by engineering and building a
system of gutters, storm drains, drywells and related structures to ensure that all runoff is
contained on-site. This is a requirement of the County of Hawaii as part of rezoning,
subdivision and plan approval, and it is expected that during the review process appropriate
mitigation measures will be developed.
Based on expected mitigation measures, no net impact to the applicant's or neighboring
property or any areas downstream would result from the proposed project.
Environmental Report for TMK 6-4-01-92 page 3
4
Lava Flow and Earthquake Hazards: Existing Conditions
The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The
property's location on the extinct Kohala volcano leads to a low risk level: Lava Flow Hazard
Zone 8 (on a scale of ascending risk 9 to 1). Zone 8 areas have been free of lava flows for the
last 750 years and have had only a few percent covered during the last 10,000 years.
The entire island of Hawaii is in Zone 3 on a scale of ascending risk I to 4 in the Seismic
Probability Rating. Major damage corresponding to a score of 7 or above on the Modified
Mercalli Scale is possible.
Lava Flow and Earthquake Hazards: Impacts and Mitigation Measures
No adverse impacts related to geological hazazds is expected to result directly or indirectly
from the proposed rezoning.
Air Quality and Noise: Existing Conditions
Air quality in the project area is currently mostly affected by emissions from motor vehicles
and natural sources. Volcanic emissions of sulfur dioxide convert into particulate sulfate
which causes a volcanic haze (vog) to blanket the area during occasional episodes when trade
winds are not present, although voggy conditions aze not usual on the wet side of Waimea.
Motor vehicles on the Mamalahoa Highway and adjacent roads and homes emit CO, nitrogen
oxides and hydrocarbons (an ozone precursor), as well as smaller amounts of other
pollutants.
Noise is generated on-site by residential and agricultural activities and off-site by similar
activities and the Mamalahoa Highway. Noise levels are low on the site, particularly
towards the back of the parcel.
Air Quality and Noise: Impacts and Mitigation Measures
The proposed rezoning would result in a slightly greater density of commercial and
residential activities and would thus generate additional air pollution and noise. The
increases in both would be negligible in the context of the existing environment, and merit no
special mitigation measures.
Scenic Resources: Existing Conditions
The scenic visual chazacter of Waimea is derived from a landscape of pastures greened by
fog and rain and framed in the dramatic backdrop of the Kohala Mountains and Mauna Kea.
The scenic views of Pu`u Iki, which lies directly mauka (north) of the subject property, aze
specifically cited in the Hawaii County General Plan Support Document (p. 35) as an
example of natural beauty worthy of preservation.
Environmental Report for TMK 6-4-01-92 Page 4
4
Scenic Resources: Impacts and Mitigation Measures
The proposed rezoning is unlikely to adversely affect scenic views. The new lots proposed
are within a residential area, and would be near existing homes from the point of view of the
observer on or near Mamalahoa Highway. These areas are barely higher in elevation than
the viewer on the highway, and therefore structures built on the property would not normally
be interposed between viewers and the scenic, forested pu`u behind. However, scenic views
should be considered during approval of building plans if any structures taller than two
stories are planned for portion of the property near the highway.
Socioeconomic.' Existing Conditions
The following table presents recent and historic population data for Hawaii County, the South
Kohala District, and Waimea.
Resident Po ulation Trends
1960 1970 1980 1990
Hawaii Count 61,332 63,468 92,053 120,317
South Kohala 1,538 2,310 4,607 9,140
Waimea 300 756 1,179 5,972
Sources: U.S. Bureau of the Census: "1990 Census of Population General Population Characteristics," 1990
CP-I-13; Hawaii County Data Book.
The population of South Kohala has grown steadily since 1965 as a result of the expanding
visitor industry. The year 1965, when the Mauna Kea Beach Hotel opened and brought with it
775 jobs, inaugurated the era of large-scale resorts. By 1982 there were over a thousand jobs
available at South Kohala resorts, a figure which grew to 4,000 by 1990 and to almost 5,000 by
1995 (Source: Hawaii County Department of Research and Development pubs., var. years). The
trend continues until today.
Between 1980 and 1990 the spectacular growth in the visitor plant in Kohala led to an equally
large increase in visitors and therefore de facto population (the number of people who are
actually present at any given time). South Kohala clearly has a large and growing share of the
visitors to the island and consequently the de facto population. At any given time, up to one-
fourth of those present in Kohala are visitors. De facto population is not recorded on a district
by district basis. However, it can be very roughly approximated by multiplying the de-facto-
minus-resident figure by the proportion of visitor accommodations present in a district, and then
adding this to the district's population total. The results of estimating de facto population by this
method are shown in the table below.
Environmental Report for TMK 6-4-01-92 Page 5
s -
De Facto Po ulation Trends
AREA 1980 1990
Hawaii Count De Facto Po ulation 98,700 135,100
Kohala Avera e Dail Visitor Po ulation 545 4,507
Kohala De Facto Po ulation 8,401 17,938
Source: 1993 Hawaii County Data Book: Tables 2 and 106; Visi[or Plant Inventory 1993, Hawaii Visitors Bureau.
Includes both Notch and South Kohala.
The ethnic composition of Waimea at the time of the 1990 U. S. Census was as follows:
Caucasian: 42.3 percent; Hawaiian: 31.0 percent; Japanese 12.6 percent; Filipino: 6.3 percent;
Other: 7.8 percent. This distribution illustrates a multicultural community with no distinct
minority groups (Source: U.S. Census Data: Table 6, "1990 Census of Population. General
Population Characteristics," 1990 CP-1-13)
Socioeconomic: Impacts and Mitigation Measures
The proposed improvements would lead to an addition of several new commercial sites and
three residences. The magnitude of this addition is inconsequential in terms of
socioeconomic impact, considering the current size and rate of change of the population in
Waimea.
Neighborhood Character: Existing Conditions
The properties surrounding the area exhibit a mixture of urban and agricultural zoning and
uses. To the west and south are parcels zoned for urban uses: RS-15 (Residential, minimum
lot size 15,000 sf) and CN 7.5 (Neighborhood commercial, minimum ?ot size 7,500 sf).
Several residences, businesses and apre-school are present. To the east and north zoning is
A-Sa and A-la. A small vegetable farm, a horse farm, and unused pasture are present.
Neighborhood Character: Impacts and Mitigation Measures
Because adjacent areas have land uses and densities similar to those being proposed through
this rezoning request, there would be little impact to the character of the neighborhood. The
rezoning would essentially produce an infilling of uses in an area surrounded on most sides
by small, discrete residential subdivisions and roadside businesses.
Archaeology and Historic Sites: Existing Conditions, Impacts and Mitigation Measures
No historic or archaeological sites appear to be present on or near the parcel. The field
reconnaissance did not uncover any rock structures or alignments, although the dense pasture
obscured close ground survey. The parcel has reportedly been disturbed for many decades,
and any relics of historic use that might have existed are likely to have been severely altered
or destroyed. Because no resources are likely present, no impact is expected to result from
the rezoning.
Environmental Report for TMK 6-4-01-92 page 6
e
Public Facilities and Services: Existing Conditions
Access to the site is provided by a driveway from the Mamalahoa Highway. The combination
of expanding resident and visitor populations has increased traffic in Waimea. Average daily
traffic between Kamamalu Road and Lindsey Road has shown steady growth, from
approximately 8,400 in 1984 to over 14,000 in 1994 (Source: State DOT Planning Branch
traffic counts). It should be noted that several projects in planning or implementation,
including improvements to Mamalahoa Highway, a bypass road on Pazker Ranch lands, and
the (potential) Waimea Bypass system will greatly increase the capacity, convenience and
safety of the road transportation system in Waimea over the next decade.
All necessary utilities are available onsite. Wastewater treatment in Waimea is through
septic tanks.
Public Facilities and Services: Impacts and Mitigation Measures
Any new lots created after rezoning would take access via one driveway on Mamalahoa
Highway. Traffic impacts will be gauged as part of the review process during rezoning,
subdivision and plan approval, and the Hawaii County Depaztment of Public Works is
expected to determine if mitigation measures are necessary.
Wastewater treatment will be through a septic tank system be designed, sited and installed in
accordance with Hawaii State Department of Health regulations (HAR §11-62). No impacts
or burdens to utility services or other customers would be experienced as a result of the
rezoning and subsequent uses.
Conclusions
No substantial adverse environmental effects to are to be expected from the rezoning.
Mitigation measures will be necessary to avoid drainage impacts. These will be developed as
part of County-approved drainage plans, which should produce no net adverse impacts and
po[entially beneficial drainage impacts. Mitigation for traffic impacts, if any, will be
developed during the rezoning and plan approval review process.
Environment¢l Report for TMK 6-4-0]-92 Page 7
e
REFERENCES
Furumoto, A.S., N.N. Nielsen, and W.R. Phillips. 1973. A Study of Past Earthquakes,
lsoseismic Zones of Intensity, and Recommended Zones for Structural Design for Hawaii.
Honolulu: Hawaii Institute of Geophysics.
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.
Hawaii County Department of Public Works. 1970. Storm Drainage Standards. Hilo.
Hawaii County Planning Department. 1989. General Plan, County of Hawaii. Hilo.
Heliker, C. 1990. Volcanic and Seismic Hazards on the Island of Hawaii. Washington: U.S.
GPO.
U.S. Bureau of the Census. 1991. 1990 Census of Population, General Population
Characteristics. 1990 CP-1-13. Washington: GPO (portions electronically republished in
Hawaii Data Disc. 1973. CD-ROM. Honolulu: Hawaii State Department of Business,
Economic Development and Tourism.
U.S. Soil Conservation Service. 1973. Soil Survey of /sland of Hawaii, State of Hawaii.
Washington: iJ.S.D.A.
University of Hawaii at Manoa, Dept. of Geography. 1983. Atlas of Hawaii. 2nd ed.
Honolulu: University of Hawaii Press.
Environmental Report for TMK 6-4-01-92 Page 8
s
APPENDIX
LIST OF COMMON SPECIES ON PARCEL 6-4-01:92
Nomenclature of flowering plants follows Wagner, Herbst and Sohmer (1990) for indigenous
and naturalized species, and various other sources including Neal (1965) and St. John (1973)
for others. Common names (when known) are listed below each plant's scientific name.
Status is listed as Native [N] (includes indigenous and endemic, [NE] (native endangered
species), or Alien [A] (which includes Polynesian introduction before 1778).
FLOWERING PLANTS - MONOCOTS
Araceae
Alocasia macrorhiza [A]
`Ape
Colocasia esculenta [A]
Taro
Commelinaceae
Commelina diffusa [A]
Dayflower, honohono
Poaceae
Dieitaria cilians [A]
Kukaepua`a
Paspalum conju ag tum [A]
Hilo grass
Pennisetum clandestinum [A]
Kikuyu grass
Zingiberaceae
Hedychium gardnerianum [A]
Kahili ginger
FLOWERING PLANTS - DICOTS
Asteraceae
Sonchus asner [A]
Prickly sow thistle
Balsaminaceae
Impatiens wallerana [A]
Impatiens, Busy Lizzy
Cucurbitaceae
Cucurbita oeDO [A]
Pumpkin
Euphorbiaceae
Ricinus communis [A]
Castor bean
Fabaceae
Acacia mearnsii [A]
Black wattle
Trifolium repens [A]
White clover
Myrtaceae
Eucalyptus robusta [A]
Swamp mahogany
Eucalyptus saligna [A]
Sydney blue gum [A]
Psidium guaiava [A]
Common guava
Solanaceae
Cestrum nocturnum [A]
Night cestrum
Solanum americanum [N?]
Popolo
Solanum sodomeum [A]
Sodom apple
Verbenaceae
Verbena litoralis [A]
Weed verbena, of
Literature Used
Neal, M.C. 1965. In Gardens of Hawaii. Honolulu: Bishop Museum Press.
St. John, H. 1973. List and Summazy of the Flowering Plants in the Hawaiian Islands.
Pacific Tropical Botanical Gazden Memoir Number 1. Lawai, Kauai, Hawaii.
Wagner, W.L., D.R. Herbst, and S.H. Sohmer. 1990. Manual of the Flowering Plants of
Hawaii. 2 Vols. Honolulu: Bishop Museum Press.
BBergi0l.cmm-1 VO}i9'
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
WILLIAM C. AND PATRICIA C. BERGIN
STATE LAND USE BOUNDARY Ab1ENDMENT APPLICATION (SLU 97-2)
('RANGE OF ZONE APPLICATION fREZ 97-131
W[LLIA:tiI C. AND PATRICIA C. BERGIN, has submitted applications for a State
Land Use Boundary Amendment from an Agricultural to Rural District for approximately
1.632 acres of land and a Change of Zone by changing the district classification from
Agricultural (A-Sa) to Neighborhood Commercial (CN-7.5) and Residential and Agricultural
(RA-.Sa), for approximately 2.839 acres of land. The property is located on the north side of
Mamalahoa Highway across of Waimea Town Plaza and approximately 300 feet east of
Kamamalu Street, Puukapu Homesteads, Puukapu, South Kohala, Hawaii, TMK: 6-4-1:92.
GENERAL INFORMATION
1. Ownership: William C. and Patricia C. Bergin are the owners of the subject property.
PROPOSED DEVELOPMENT
2. Request: The applicants are proposing to change the existing Agricultural land use
designation to Rural for approximately 1.632 acres of land and a Change of Zone by
changing the district classification from Agricultural (A-Sa) to Neighborhood
Commercial (CN-7.5) and Residential and Agricultural (RA-.Sa), for approximately
2.839 acres of land.
3. Objectives: "The applicants wish to change the existing A-Sa zoning to CN 7.5 and
RA-.5. They intend to develop the front 1.2 acres for neighborhood commercial uses
and the rear 1.6 acres for 1/2 acre rural/residential purposes."
4. Supportive Information: The applicants have submitted the following in support of
the request. (See Exhibit A -State Land Use Boundary Amendment and Change of
Zone Applications)
STATE AND COU1vTY PLANS
5. SLU: The front 1.2 acres is in the "Urban" district and the rear 1.6 acres is in the
"Agricultural" district.
6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density
Urban Development. This allows for village and neighborhood commercial and
residential and related functions (3-story commercial, residential-up to 36 units per
acre).
7. General Plan Consistency: Economic, Housing, Environmental Quality, Land Use
Residential Elements and Commercial goals, policies and courses of action for South
Kohala.
7 Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Socio-Cultural
Advancement (Housing) objectives and policies.
9. Waimea Design Plan: The subject property is located within the study area of the
Waimea Design Plan. The Waimea Design Plan was adopted as Resolution No. 214-86
by the County Council on October 1, 1986. The land use concept map of the Waimea
Design Plan recommends the urban (front) portion of the property for commercial uses.
The land use concept plan has no land use recommendations for the rear portion of the
subject property.
10. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa).
11. SMA: The property is not situated within the Special Management Area.
r°^RIPTION OF SUBJECT PROPERTY ND SURROUNDING AREA
8. Property: The subject property has a total area of 2.84 acres. The property is
rectangular shaped with an existing single family dwelling.
9. Surrounding Zoning/Land Uses: Lands to the north and east are zoned A-Sa. Lands
to the south and west are zoned Neighborhood Commercial (CN-7.5). Surrounding
land uses include various single-family residential, commercial and agricultural uses.
10. FIRM: The subject property is located within Zone X, area determined to be outside
the 500-year flood plain.
11. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: A
portion of the subject property located within 100 to 200 feet of the Mamalahoa
Highway are classified as existing urban development. Immediately mauka of the
-2-
existing urban lands are "Prime" agricultural land and the remainder of the property is
classified as "Other Important Agricultural lands". "Prime" agricultural lands have the
soil quality, growing season and moisture supply needed to produce high sustained
yields of crops economically when treated and managed according to modern farming
methods.
12. U.S. Soil Survey: There are two types of soil on the subject property. The soils
nearest the highway are classified as Kikoni very fine sandy loam (KXC). This soil is
very dark brown very tine sandy loam about 6 inches thick. The subsoil is about 44
inches thick and consist of dark-brown and dark, reddish-brown very fine sandy loam
and silt loam. The surface layer is neutral, and the subsoil is mildly alkaline. The
surface is extremely stony in places. The rear half of the project site is classified Maile
Series (MLD). This soil consists of well-drained, silt loams that formed in volcanic
ash. In a representative profile, the surface layer is about 14 inches thick and consists
of reddish-brown to very dark brown silt loam. The surface layer is reddish-brown to
very dark brown, silt foam. It is underlain by fine sand-size aggregates of about 46
inches thick. Permeability is moderately rapid, runoff is slow and the erosion hazard is
slight. These soils are used for pasture and for wildlife habitat.
13. Land Study Bureau's Detailed Land Classification System: Soils within the subject
property are classified as "B" (Good), portion fronting Mamalahoa Highway, and "C"
(Fair), remainder of the property, for agricultural productivity by the Land Study
Bureau.
14. Flora/Fauna Resources: According to the applicants' environmental report, "...natural
vegetation occurring on the property consists of kikuyu grass, buddleia, vervain,
Spanish clover, castor beans, eucalyptus, taro and wild pumpkin. The only native
species observed was the popolo. No native fauna was observed on the site. The
Hawaiian hawk or 'io and the Hawaiian owl, or pueo probably make some use of the
area, however, the subject property is not considered to be part of its essential habitat."
15. Archaeological Resources: According to the applicant's environmental report, no
historic or archaeological sites were present on the parcel. The property has been used
-3-
for pasture and residential purposes for many years. Therefore, the proposed action
will not have any effect on significant historic sites. Nevertheless, a condition will be
included to require the notification of the Planning Department should any
archaeological sites be encountered during the course of development.
PiJBLIC UTILITIES AND SERVICES
16. Access: Access to the project site is off Mamalahoa Highway which has aright-of-way
width of 60 feet with a 20-foot pavement. According to the applicants, access for the
proposed three 1/2-acre lots will be via a private road along the eastern boundary. It
should be noted that according to the Real Property Tax Division, the applicants have
114 interest in the roadway lot (TMK: 6-4-1:93).
17. Water: Water is provided by an existing 12-inch waterline that fronts the subject
propeay.
18. Wastewater: According to the Department of Health, the property is situated within
the Critical Wastewater Disposal Area and therefore, the applicant would be required to
dispose wastewater into septic tank system.
19. Utilities: Electrical and telephone service are or will be made available to the property.
A('FNCIES' COMMENTS
20. Department of Finance-Real Property Tax (October 15, 1997 Memo):
"2.03 acres of the subject parcel is enjoying an agricultural use assessment and would
be subject to retroactive taxes if converted from agriculture to urban. There are no
other comments at this time."
21. Police Department (September 24, 1997 Iviemo):
"We have reviewed the applications for a state land use boundary and change of zone
and do not believe the requests will negatively impact traffic safety or police services in
the area."
22. Department of Transportation (October 22, 1997 Letter):
"Thank you for your transmittal requesting our review of the subject applications.
"The proposed project is not anticipated to impact the State highway system.
"Thank you for the opportunity to comment.
-4-
23. Department of Education (October 3, 1997 Letter):
"The Department of Education has no comment on the subject applications.
"Thank you for the opportunity to respond."
24. Department of Public Works: (See Exhibit B -October 20, 1997 and
November 17, 1997 Memos)
25. Department of Water Supply: (See Exhibit C -September 25, 1997 and November
5, 1997 Letters)
26. Fire Department: (See Exhibit D -September 19, 1997 Memo)
27. Department of Health: (See Exhibit E -September 25, 1997 Memo)
A('FN I S - NO RESPONSE
28. Department of Land and Natural Resources, HELCO and Department of
Agriculture.
PTTRI.TI T'OMMENTS
29. Henry F. Davis, Jr. (TMK: 6-4-1:123) and Virginia Zimmerman, MD (TMK: 6-4-
1:48): (See Exhibit F -November 25, 1997 Letter)
-5-
f
COL Y OF HAWAII PLANNING DEPF MENT
r.?PLICATION FQR STATE LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
APPLICANT: William C. and Patricia C. Bergin
. ~
APPLICANT' S SIGNATURE: ~ ~ ~ ~ ~ ~ ~ ~
MAILING ADDRESS: 62-2279B Ranehoa
Ramueal, HI 96743
TELEPHONE: (BUS)(808) 885-4454 (HOME) 885-4466
LANDOWNER: William C. and Patricia C. Bergin
LANDOWNER'S ~
SIGNATURE: ~ Y~1 P ~ ~ ~~-e.~atiy.. ?J-
TAX MAP KEI': TMR 6-09-01:92 I
LAND AREA: 2.839 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: -Agriculture
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Acriculture to
Drban (1 207 acres) and Agriculture to Rural (1.632 acres)
THE APPLICANT SHALL SUBMIT THE FOLLOWING:
A. Non-refundable filing and processing fee of two hundre3 dollzrs.
B. Original and fifteen copies of:
1. Application form.
2. Location map.
3. Preliminary site plan, drawn to sczle, with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written description
of the property and proposed development, including but
not limited to:
a. The extent to which the proposed reclassification
conforms to the applicable goals, policies,
standards, and courses of action of the General Plan
and implementing ordinances, plans and documents; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2-foot by 3-foot presentation map requested under B.3,
above. ~vH'g17
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TMK 6-04-01:92
Williom and Patricia Bergin
r
William and Patricia Bergin
TMK: 6-04-01:92
APPLICATIO\ FOR STATE LAtiD USE BOL~\DARI~ A~IE\D~IE\T
Existine State Land Use District Classification: ,9griculture
Existing zoning: ,9-Sa.
Parcel size: 2.82 acres
Applicant: YI'illiam and Patricia Bergin
62-2279B Kanehoa
Kamuela, H1967a3
Send correspondence to:
Applicant's agent: Dennis K! Haserot
P.O. Bos 6251, Kamuela, HI. 96743
Tel. (808) 885-2148
Reasons for requesting_Amendment: The applicants wish to change the existin¢
Agricultural land use designation to Urban (1.207 acres) and Rural (1.632 acres).
They intend to develop the 1.207 acres fronting Mamalahoa Highway for
neighborhood commercial uses (CN 7.5) and the rear 1.632 acres for three 1 /2 acre
ruraUresidential lots (RS-.5).
Description of site: The parcel is located on the north side of Mamalahoa Highway
approximately 300 feet east of Kamamalu Street, Puukapu Homesteads. Kamuela.
The parcel contains a residence near the highway and is otherwise used as pasture.
A metes and bounds description and survey map of the parcel is attached.
State/County plans: The General Plan designation shown on the LUPAG map for
the subject is Medium Density which allows for "Villase and neighborhood
commercial and residential and related functions"
General Plan conformiri. CN 7.5: The proposed rezoning is in conformance with
(he Hawaii County General Plan as outlined in:
SECTION 4 -GOALS, POLICIES AND STANDARDS
M. LAND USE
(2) Commercial Development
GOALS
Provide for commercial developments that maximize convenience to users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
POLICIES
Commercial facilities shall be developed in areas adequately served by necessan
services, such as water, utilities, sewers, and transportation systems. Should such
services not be available, the development of more intensive uses should be in
concert with a localized program of public and private capital improvements to
meet the expected increased needs.
Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
STANDARDS
There are three basic t}~pes of shopping centers:
1) Neighborhood Centers
Provide: Convenience goods, e.g., foods, drugs, and personal services.
Major Shops: Supermarket and/or drue store.
Number of Shops: 5 to 15.
Acreaee: ~ to 10 acres.
Approximate Market: 3,000 people.
General Plan conformity. RA .5: The proposed rezoning is in conformance with
the Hawaii County General Plan as outlined in:
SECTION 4 -GOALS, POLICIES ANA STANDARDS
M. LAND USE
(5) Single Famil} Residential
GOALS
To maximize choices of sinele fami]} residential ]ou and/or housine for residenu
of the County.
To ensure compatible uses within and adjacent to single fami]}~ residential zoned
areas.
To provide single family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
POLICIES
Rural style residential agricultural developmenu, such as new small scale wal
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
STANDARDS
Areas shall have basic improvements and amenities necessary for immediate use.
Areas shall be limited to low density and medium density residential uses.
Land Use District Conformity (Urban) The proposed reclassification is in
conformance with HRS 20~ as follows:
§205-2 Districting and classification of lands.
(a)
(1) In the establishment of boundaries of urban districts those
lands that are now in urban use and a sufficient reserve area for
foreseeable urban growth shall be included;
In establishing the boundaries of the districts in each county, the commission
shall give consideration to the master plan or general plan of the county.
(b) Urban districts shall incude activities or uses as provided by
ordinances or regulations of the county within which the urban district is
situated.
Land Use District Conformity (Rurall The proposed reclassification is in
conformance with I-iRS 205 as follov~•s:
§205-2 Districting and classification of lands.
(a)
(2)In the establishment of boundaries for rural districts, areas of
land composed primarily of small farms mixed with very low density
residential lots, which may be shown by a minimum density of not more
than one house per one-half acre and a minimum lot size of not less than
one-half acre shall be included, except as herein provided:
(c) Rural districts shall incude activities or uses as characterized
by low density residential lots of not more than one dwelling house per
one-half acre, except as provided by county ordinance pursuant to section
46-4(c), in areas where "city like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with low density residential tots except that within a subdivision,
as defined in section 484-1, the commission for good cause may allow one
lot of less than one-half acre, but nat less than 18,500 square feet, or an
equivalent residential density, within a rural subdivision and permit the
construction of one dwelling on such lot, provided that all other dwellings in
the subdivision shall have a minimum lot size of one-half acre or 21,780
square feet. Such petition for variance may be processed under the
special permit procedure. These districts may include contiguous areas
which are not suited to low density residential lots or small farms by reason
of topography, soils, and other related characteristics.
§205-5 Zoning.
(c) Unless authorized by special permit issued pursuant to this
• chapter, only the following uses shall be permitted within rural districts:
(1) Low density residential uses;
(2) Agricultural uses; and
(3) Public, quasi-public, and public utility facilities.
In addition, the minimum lot size for any low density residential use shall
be one-haH acre and there shall be but one dwelling house per one-half
acre, except as provided for in section 2052.
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APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: William C. and Patricia C. Her in
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APPLICANT'S SIGNATURE: D_ID ) ~.I(CC4~~i~! ~Z .~~`7E't'1'
ADDRESS: 62-2279B Ranehoa
Ramueal, HZ 96743
LIST APPLICANT'S INTEREST IF tOT OWNER
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS n.a.
TELEPHONE-BUSINESS: 5808) 885-4454 RESIDENCE: 885-4466
REQUEST: A-Sa TO CN 7.5 and RA-.5
(Existing zoning) (Proposed zoning)
TAX MAP KEY: TMR 6-04-01:92
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:1.207(CN1 i 1. 632(RA)
LANDOWNER(S): William C. and Patricia C. Heroin
7
OWNER' (S) SIGNATORY AUTHORIZATION D~~ 1. _ I e, R. ,~~-fit :r ,~~'LC~
(May be by letter) ~ J
AGENT: Dennis W. Haserot
ADDRESS: P.O. Box 6251
Ramuela AI 96745
TELEPHONE-BUSINESS: 885-2148 RESIDENCE: 885-0874
Please indicate to whom original correspondence and copies should be
sent. ORIGINAL ACent COPIES Avclicant
EX~IIBIT
William and Patricia Bergin
TMK: 6-04-01;92
APPLICATION FOR CHANGE OF ZONE
CONTENTS
LOCATION MAP
BACKGROUND
• E.isting Zoning
• Parcel si.e
• Objectives
• Description ojsile
• State:'County plans
• General Plan conjormiry: CN 7.5
• General Plan conjormrty: RA-..i
• Surrounding =oning rand land uses
• Flond Insurance Rate Map
• Archeological resources
• Floral and jaunal resources
• Access
• U~ilittes
PLOT PLAN
COUNTY ENVIRONMENTAL REPORT
• /ntroduction
• Methodology
• Genera! Site Description
• Floral, Faunal and Ecosystems: Existing Condtions
• Floral, Faunal and Ecosystems: /mpacts and Murgation Measures
• Drainage: Existing conditions
• Drainage: !mpacts and Mitigation Measures
• Lava Flow and Earthquake Ha=ards: Existing Conditions
• Lava Flow and Earthquake Hazards: !mpacts and Murgation Measures
• Air Quality and Noise: E.isting Conditions
• Air Quality and Noise: Impacts and Mitigation A~leasures
• Scenic Resources: Existing Condrtrons
• Scenic Resources: !mpacts and Mitigation A~feasures
• Socioeconomic: Existing Conditions
• Socioeconomic: /mpacts and Mitigation Measures
• Neighbirhood Character: Existing Conditions
• Neighbirhood Character: !mpacts and Mitigation Measures
• Archaeological and Historic Sites: Ezrsting Conditrons, !mpacts and Mitigation
Measures
• Public Facilities and Services: C•.risting Cundrtrons
• Public Facilities and Services: Impacts and A~litrgatrun Measures
• Conclusions
• References
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TMK 6-04-01:92
William and Potricia Bergin
William and Patricia Bergin
TMK: 6-04-01:92
APPLICATION FOR CHANGE OF ZONE
BACKGROUND:
Existing zoning: A-Sa.
Parcel size: 2.84 acres
Objectives: The applicants wish to change the existing A-Sa zoning to CN 7.~ and
RA-.5. The}' intend to develop the front 1.2 acres for neighborhood commercial
uses and the rear l.6 acres for 1/2 acre rural/residential purposes.
DescriQion of site: The parcel is located on the north side of Mamalahoa Highway
approximately 300 feet east of Kamamalu Street, Puukapu Homesteads, Kamuela.
The parcel contains a residence near the highway and is otherwise used as pasture.
A metes and bounds description and survey map of the parcel is attached.
State/County Dlans: The General Plan designation shown on the LUPAG map for
the subject is Medium Density which allows for "Village and neighborhood
commercial and residential and related functions"
General Plan conformity. CN 7.~: The proposed rezoning is in conformance with
the Hawaii County General Plan as outlined in:
SECTION 4 -GOALS, POLICIES AND STANDARDS
M. LAND USE
(2) Commercial Development
GOALS
Provide for commercial developments that maximize convenience to users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
POLICIES
Commercial facilities shall be developed in areas adequately served by necessary
services, such as water, utilities, sewers, and transportation systems. Should such
services not be available, the development of more intensive uses should be in
concert with a localized program of public and private capital improvements to
meet the expected increased needs.
Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
w
STANDARDS
There are three basic types of shopping centers:
1) Neighborhood Centers
Provide: Convenience goods, e.g., foods, drugs, and personal services.
Major Shops: Supermarket and/or drug store.
Number of Shops: 5 to 15.
Acreaee: 5 to 10 acres.
Approximate Market: 3,000 people.
General Plan conformity, RA .5: The proposed rezoning is in conformance with
the Hawaii County General Plan as outlined in:
SECTION 4 -GOALS, POLICIES AND STANDARDS
M. LAND USE
(5) Single Family Residential
Through careful examination and analysis of the present situation, the following
goals, policies, and standards are set forth to guide the orderly development of
single family residential areas in the interest of the residents of the County of
Hawaii.
GOALS
To maximize choices of single family residential lots and/or housing for residents
of the County.
To ensure compatible uses within and adjacent to single family residential zoned
areas.
To provide single family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
POLICIES
Rural style residential agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for wal style residential subdivisions inappropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
STANDARDS
Areas shall have basic improvements and amenities necessary for immediate use.
Areas shall be limited to low density and medium density residential uses.
Surrounding zonin¢ and land uses: The existing zoning designation to the north
and east is A-Sa and to the south and west it is CN. The existing use of properties
fronting Mamalahoa Highway in the general area is commercial.
Flood Insurance Rate Map Desienation: The property is designated "x" on the
FIRM maps.
Archaeological resources: The property has been used for pasture and residential
purposes for many years and no historic or archaeological sites appear to be
present on or near the site.
Floral and faunal resources: No impact on native species or habitat is expected to~
result from the rezoning or subsequent activities on the site. See attached County
Environmental Report.
Access: Access to the property is from Mamalahoa Highway which has a 60 foot
wide right-of--way. The planned access drive is at the existing driveway location.
Several public road projects in the planning and implementation stage will impact
the subject. Mitigation of traffic impacts from the subject project, if any, will be
developed during the plan approval process.
Utilities: Water, telephone, and electric power are available on Mamalahoa
Highway. Sewage disposal will be as approved by the Department of Health.
A
ENVIRONMENTAL REVIEW
CHANGE OF ZONE REQUEST FOR TMK 6-4-01:92
PUUKAPU, SOUTH KOHALA, HAWAII
by Ron Terry, Ph.D.
Februazy 1997
Introduction
This Environmental Review (ER) was developed as supporting material for a change of zone
request submitted to the Hawaii County Planning Department at the request of Dennis
Haserot. The rezoning applies to a 2.84-acre parcel currently zoned A-Sa (Agriculture,
minimum lot size 5 acres) in the town of Wain.~a on the Island of Hawaii. The property
fronts the Mamalahoa Highway (State Highway 19), and is bordered by residences, farms
and commercial property. The landowners are William and Patricia Bergin.
The request is to reclassify/rezone 1.207 acres to State Land Use Urban, County zoning CN
7.5 (Neighborhood Commercial, minimum lot size 7,500 sfj, and 1.632 acres to RA 0.5
(Residential, minimum lot size 0.5 acres). After the rezoning, subdivision into several
commercial lots and four residential lots would be possible.
Methodology
Methodology included field survey and examination of published records related to the
environmental conditions on the site.
A field survey of the property was conducted on 14 Januazy 1997. The primary objective
was to determine whether any rare or endangered species, or habitat for such species, were
present on the parcels. A secondary objective was to chazacterize the flora and fauna by 1)
compiling a plant species list that would include the most common alien species and all
native species encountered; 2) characterizing the general vegetation types present; and 3)
assessing the quality of habitat for native fauna. A final objective was to identify any ocher
sensitive environmental conditions or potential impacts. The length of the property was
walked in zig-zag fashion four times. Over most of the property, survey involved intensive
examination of representative sample areas.
Records, maps and publications examined included the zoning maps, parcel maps and
records, State Land Use District Maps, and Flood Insurance Rate Maps (FIRM) maintained
at the Hawaii County Planning and Public Works Departments. Published sources included
the Atlas of Hawaii (2nd ed.), the Manual of Flowering Plants of Hawaii, the Rainfall Atlas
of Hawaii, the United States Geological Survey (USGS) topographical map Kamuela
(1:24,000 scale), the U.S. Soil Conservation Service's Soil Survey of /sland of Hawaii, the
USGS publication Volcanic and Seismic Hazards on the Island of Hawaii, and the 1990 U.S.
Census of Population. The References section at the end of this report supplies full
references for all published material.
Genera[ Site Description
Elevation is approximately 2,800 fee[ above mean sea level, with gentle slopes throughout
the property. Annual rainfall is X30-45 inches. The soil in the half of the property neazest the
highway is classified as Kikoni very fine sandy loam. This soil is characteris[ic of the plains
around Waimea, and has formed from volcanic ash on moderate to flat slopes in areas of
medium rainfall. The soil is appropriate for pasture, truck crops and wildlife habitat.
Permeability is moderately rapid, runoff is slow, and erosion hazard is slight to moderate.
The soil in the rear half of the property is Maile silt loam, also very common in Waimea. It
is very similar to the Kikoni series, differing principally in the higher proportion of fines.
The existing land use in the azea proposed for rezoning is a mixture of residential, actively
used pasture (eight calves were in the pasture at the time of the survey), and apparently less
frequently grazed pasture near the back of property. Abandoned remnants of ranching,
including fenceposts, troughs and waste piles, litter the property.
Flora, Fauna and Ecosystems: Existing Conditions
The original vegetation of the project area is difficult to de[ermine because of the long
history of both traditional Hawaiian and post-Western contact dis[urbance. Based on rainfall,
wind patterns, and soil, the azea probably occupied an eco[one be[ween the Lowland Mesic
Forest and the Lowland Dry Forest varieties (Gagne and Cuddihy 1990), but the region has
been extensively modified by the introduction of Western flora and fauna and cattle grazing.
Reconnaissance demonstrated that the entire parcel has been long affected by residential or
grazing uses and has a long history of domination by various combinations of alien species.
Aside from a residence and yard occupying less than 8.000 sf near the front, the property is
basically a pasture of neazly pure stands of kikuyu (Pennisetum clandestinum). The pasture
is infested to various degrees with minor amounts of weeds, including buddleia (Buddleia
asiatica), vervain (Verbena bonariensis), Spanish clover (Desmodium spp.), and castor bean
(Ricinus communis). A number of eucalyptus (mainly Eucalyptus saliena) line the borders,
with a few trees inside as well. Several patches of taro oloca is and Alocasia spp.) and a
wild pumpkin (Cucurbita Repo) aze found near the front. The only native observed was
popolo (Solanum americanum, a presumed indigenous plant.
No native fauna were observed on the site. [t is quite possible [hat certain native foxes[
birds, seabirds or migratory birds could utilize or fly over the site, but it is unlikely that any
with threatened or endangered status would find the site suitable habitat or be affected by
activities that occur on the parcel. The two Hawaiian raptors, the Hawaiian hawk or `io
(Buteo solitarius), and the Hawaiian owl or pueo (Asio flammeus sandwichensis), probably
make some use of the area. Although the Hawaiian hawk is an endangered species, the
subject property is not considered to be part of its essential habitat. No hawk nests were
observed on the site, although the scale of the survey was not exhaustive and there may be
nests on or very near the property.
Enviranmentat Repon for TMK 6-4-0/-92 Page 1
The only naive Hawaiian land mammal, the Hawaiian hoary bat (Lasiurus cinereus
semotus), may also be present in the area, as it is common in many areas on the island of
Hawaii. Observation took place in daylight, and therefore the lack of bat observations may
not signify an actual absence of bats. As with the hawk, however, the project area would
not be expected to represent essential habitat for species.
Alien bird species observed on the site during the reconnaissance were limited to the
Japanese white-eye (Zosterops japonica), spotted dove (Streptopelia chinens~), and northern
cardinal (Cardinalis cardinalis). Feral cats (I~elis catusl, rats Rattus spp.) and mice (Mus
musculus domesticus) are also likely to inhabit or use the parcels. The entire back of the
property is also a pasture for cows.
Flora, Fauna and Ecosystems: /mpacts and Mitigation Measures
No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service aye
present on the parcel, nor are there unique or valuable wildlife habitats. In fact, only one
native organism (the common indigenous plant popolo) was observed. The history of
continuous disturbance (including decades of cattle grazing) coupled with its lowland context
indicates that the property has very little value in terms of conserving native species. No
impact on native species or habitat is expected to result from the rezoning or subsequent
activities on the site.
Drainage: Existing Conditions
No permanen[ or intermittent streams appear on maps of the parcel, and no evidence of
watercourses or gullies was present in the reconnaissance. The Flood Insurance Rate Maps
for the area (Panel 168-D) classify the entire parcel and surrounding areas as Zone X, which
is identified in the community flood insurance study as areas of moderate or minimal hazard
from the principal source of flood in the area.
Drainage: /mpacts and Mitigation Measures
The parcel does not appear prone to flooding or likely to produce extraordinary quantities of
runoff onto adjacent areas. For any property undergoing intensification of use, flooding can
also be generated onsite because of an increase in runoff potential from rain falling on more
impermeable surfaces. Mitigation for such impacts is achieved by engineering and building a
system of gutters, storm drains, drywells and related structures to ensure that all runoff is
contained on-si[e. This is a requirement of the County of Hawaii as part of rezoning,
subdivision and plan approval, and it is expected that during the review process appropriate
mitigation measures will be developed.
Based on expected mitigation measures, no net impact to the applicant's or neighboring
property or any areas downstream would result from the proposed project.
En~ironmentot Report for TMK 6-4-0/-92 page j
Lava Flow and Earthquake Hazards: Erisring Conditions
The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The
property's location on the extinct Kohala volcano leads to a low risk level: Lava Flow Hazard
Zone 8 (on a scale of ascending risk 9 to 1). Zone 8 areas have been free of lava flows for the
last 750 years and have had only a few percent covered during the last 10,000 years
The entire island of Hawaii is in Zone 3 on a scale of ascending risk I to 4 in the Seismic
Probability Rating. Major damage corresponding to a score of 7 or above on the Modified
Merca(li Scale is possible.
Lava Flow and Earthquake Hazards: Impacts and Mitigation Measures
No adverse impacts related to geological hazards is expected [o result directly or indirectly
from the proposed rezoning.
Air Quality and Noise: Existing Conditions
Air quality in the project area is currently mostly affected by emissions from motor vehicles
and natural sources. Volcanic emissions of sulfur dioxide convert into particulate sulfate
which causes a volcanic haze (vog) to blanket the area during occasional episodes when trade
winds are not present, although voggy conditions are not usual on the wet side of Waimea.
Motor vehicles on the Mamalahoa Highway and adjacent roads and homes emit CO, nitroeen
oxides and hydrocarbons (an ozone precursor), as well as smaller amounts of other
pollutants.
Noise is genera[ed on-si[e by residential and agricultural activities and off-site by similar
activities and the Mamalahoa Highway. Noise levels are low on [he site, particularly
towards the back of the parcel.
Air Quality and Noise: Impacts and Mitigation Measures
The proposed rezoning would result in a slightly greater density of commercial and
residential activities and would thus generate additional air pollution and noise. The
increases in both would be negligible in the context of the existing environment, and merit no
special mitigation measures.
Scenic Resources.• Existing Conditions
The scenic visual character of Waimea is derived from a landscape of pastures greened by
fog and rain and framed in the dramatic backdrop of the Kohala Mountains and Mauna Kea.
The scenic views of Pu'u [ki, which lies directly mauka (north) of the subject property, are
specifically cited in the Hawaii County General Plan Support Document (p. 35) as an
example of natural beauty worthy of preservation.
Environmental Repon for TMK 6-4-01-92 Page 4
Scenic Resources: Impacts and Mitigation Measures
The proposed rezoning is unlikely to adversely affect scenic views. The new lots proposed
are within a residential area, and would be near existing homes from the point of view of [he
observer on or near Mamalahoa Highway. These areas are barely higher in elevation than
the viewer on the highway, and therefore structures built on the property would not normally
be interposed between viewers and the scenic, forested pu`u behind. However, scenic views
should be considered during approval of building plans if any structures taller than cwo
stories are planned for portion of the property near the highway. '
Socioeconomic: Existing Conditions
The following table presents recent and historic population data for Hawaii County, the South
Kohala District, and Waimea.
Resident Po ulatian Trends
1960 1970 1980 1990
Hawaii Countv 61.332 63,468 92,053 120,317
South Kohala 1,538 2,310 4,607 9,140
Waimea 300 756 1,179 5,972
Sources: U.S. Bureau of the Census: "1990 Census of Population. General Population Chatncterisucs," 1990
CP-I-13, Hawaii Countv Data Book.
The population of South Kohala has grown steadily since 1965 as a result of the expanding
visitor industry. The year 1965, when the Mauna Kea Beach Hotel opened and brought with it
775 jobs, inaugurated the era of large-scale resorts. By 1982 there were over a thousand jobs
available at South Kohala resorts, a figure which grew to 4,000 by 1990 and to almost 5,000 by
1995 (Source: Hawaii County Department of Research and Development pubs., var. years). The
trend continues until today.
Between 1980 and 1990 the spectacular growth in the visitor plant in Kohala led to an equally
large increase in visitors and therefore de facto population (the number of people who are
actually present at any given time). South Kohala clearly has a large and growing share of the
visitors to the island and consequently the de facto population. At any given time, up to one-
fourth of those present in Kohala are visitors. De facto population is not recorded on a district
by district basis. However, it can be very roughly approximated by multiplying the de-facto-
minus-resident figure by the proportion of visitor accommodations present in a district, and then
adding this to the district's population total. The results of estimating de facto population by this
method are shown in the table below.
Environmental Report for TMK 6-4-01-92 Page S
De Facto Po ulation Trends
AAA ! 980 1990
Hawaii Countv De Facto Po ulation 98,700 135,100
Kohala Avera¢e Dailv Visitor Po ulation 545 4.507
Kohala De Facto Po ulation 8,401 (7,938
Source: 1993 Hawaii Countv Data Book: Tables 2 and 106; Visitor Plant Inventory 1993, Hawaii Visitors Burca u. '
Includes both North and South Kohala.
The ethnic composition of Waimea at the time of the 1990 U.S. Census was as follows:
Caucasian: 42.3 percent; Hawaiian: 31.0 percent; Japanese 12.6 percent; Filipino: 6.3 percent;
Other: 7.8 percent. This distribution illustrates a multicultural community with no distinct
minority eroups (Source: U.S. Census Data: Table 6, "1990 Census of Population. General
Population Characteristics," 1990 CP-1-13)
Socioeconomic: /mpacts and Mitigation Measures
The proposed improvements would lead to an addition of several new commercial sites and
three residences. The magnitude of this addition is inconsequen[ial in [erms of
socioeconomic impact, considering the current size and rate of change of the population in
Waimea.
Neighborhood Character: Existing Conditions
The properties surrounding the area exhibit a mixture of urban and agricultural zoning and
uses. To the west and south are pazcels zoned for urban uses: RS-iS (Residential, minimum
lot size 15,000 sf) and CN 7.S (Neighborhood commercial, minimum lot size 7,500 sfJ.
Several residences, businesses and apre-school are present. To the east and north zoning is
A-Sa and A-la. A small vegetable farm, a horse farm, and unused pasture are present.
Neighborhood Character: Impacts and Mitigation Measures
Because adjacent areas have land uses and densities similar to those being proposed through
this rezoning request, there would be little impact to the character of the neighborhood. The
rezoning would essentially produce an infilling of uses in an area surrounded on most sides
by small, discrete residential subdivisions and roadside businesses.
Archaeology and Historic Sites: Existing Conditions, /mpacts and Mitigation Measures
No historic or archaeological sites appear to be present on or near the parcel. The field
reconnaissance did not uncover any rock structures or alignments, although the dense pasture
obscured close ground survey. The parcel has reportedly been disturbed for many decades,
and any relics of historic use that might have existed are likely to have been severely altered
or destroyed. Because no resources are li'-°ly present, no impac[ is expected to result from
the rezoning.
Environmental Repan for TMK 6-4-0/-92 Puge 6
Pu6fic Facilities and Services: Existing Conditions
Access to the site is provided by a driveway from the Mamalahoa Highway. The combination
of expanding resident and visitor populations has increased traffic in Waimea. Average daily
traffic between Kamamalu Road and Lindsey Road has shown steady growth, from
approximately 8,400 in 1984 to over 14,000 in 1994 (Source: State DOT Planning Branch
traffic counts). [t should be noted that several projects in planning or implementation,
including improvements to Mamalahoa Highway, a bypass road on Pazker Ranch lands, and
the (potential) Waimea Bypass system will greatly increase the capacity, convenience and
safety of the road transportation system in Waimea over the next decade.
All necessary utilities are available onsite. Wastewater treatment in Waimea is through
septic tanks.
Public Facilities and Services: Impacts and Mitigation Measurers
Any new lots created after rezoning would take access via one driveway on Mamalahoa
Highway. Traffic impacts will be gauged as part of the review process during rezoning,
subdivision and plan approval, and the Hawaii County Department of Public Works is
expected to determine if mitigation measures are necessary.
Wastewater treatment will be through a septic tank system be designed, sited and installed in
accordance with Hawaii State Department of Health regulations (HAR §11-62). No impaca
or burdens to utility services or other customers would be experienced as a result of the
rezoning and subsequent uses.
Conclusions
No substantial adverse environmental effects to are to be expected from the rezoning.
Mitigation measures will be necessary to avoid drainage impacts. These will be developed as
part of County-approved drainage plans, which should produce no net adverse impacts and
potentially beneficial drainage impacts. Mitigation for traffic impacts, if any, will be
developed during the rezoning and plan approval review process.
Environmenral Report far TMK 6-4-01-92 Poge 7
o .
APPENDIX
LIST OF COMMON SPECIES ON PARCEL 6-4-01:92
Nomenclature of flowering plants follows Wagner, Herbst and Sohmer (1990) for indigenous
and naturalized species, and various other sources including Neal (1965) and St. John (1973)
for others. Common names (when known) are listed below each plant's scientific name.
Status is listed as Native [N] (includes indigenous and endemic, [NE] (native endangered
species), or Alien [A] (which includes Polynesian introduction before 1778).
FLOWERING PLANTS - MONOCOTS
Araceae
Alocasia macrorhiza (A]
'Ape
Colocasia esculenta [A]
Taro
Commelinaceae
Commelina diffusa [A]
Dayflower, honohono
Poaceae
Dig!taria cilians [A]
Kukaepua`a
Paspalum con1ugatum [A]
Hilo grass
Pennisetum clandestinum [A]
Kikuyu grass
Zingiberaceae
Hedychium gardnerianum [A]
Kahili ginger
FLOWERING PLANTS - DICOTS
Asteraceae
Sonchus asper [A]
Prickly sow thistle
Balsaminaceae
Impatiens wallerana [A]
Impatiens, Busy Lizzy
Cucurbitaceae
Cucurbita Deno [A]
Pumpkin
Euphorbiaceae
Ricinus communis [A]
Castor bean
Fabaceae '
Acacia mearnsii [A]
Black wattle
Trifolium repens [A]
White clover
Myrtaceae
Eucalyptus robusta [A]
Swamp mahogany
Eucalyptus saliena [A]
Sydney blue gum [A]
Psidium guajava [A]
Common guava
Solanaceae
Cestrum nocturnum [A]
Night cestrum
Solanum americanum [N?]
Popolo
Solanum sodomeum (A]
Sodom apple
Verbenaceae
Verbena litoralis [A]
Weed verbena, of '
Literature Used
Neal, M.C. 1965. In Gardens of Hawaii. Honolulu: Bishop Museum Press.
St. John, H. 1973. List and Summary of the Flowering Plants in the Hawaiian Islands.
Pacific Tropical Botanical Garden Memoir Number 1. Lawai, Kauai, Hawaii.
Wagner, W.L., D.R. Herbs[, and S.H. Sohmer. 1990. Manual of the Flowering Plants of
Hawaii. 2 Vols. Honolulu: Bishop Museum Press.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO. HAWAII
DATE October 20, 1997
Memorandum
To :Planning Director
G'~
FROM ~ ~n M. Kuba, Chief
Engineering Division
SueJECT: Change of Zone Application (REZ 97-13)
State Land Use Boundary Amendment (SLU 97-2)
Applicant: William C. 8~ Patricia C. Bergin
Location: Puukapu, South Kohala, HI
TMK: 6-4-01:92
We have reviewed the subject application and offer the following comments:
Buildin
1. Building shall conform to all requirements of code and statutes pertaining to building
construction.
Drainage
2. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
3. Applicant shall be informed that if drywells are included in the subject
improvements, an Underground Injection Control (UIC) permit must be applied for from
the Department of Health, State of Hawaii.
4. A drainage study should be prepared and a drainage system should be installed
meeting with the approval of DPW.
5. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii
County Code.
EXHIBIT
L'
Memo to Planning Director
October 20, 1997
Page 2
6. The FEMA Flood Insurance Rate Map (FIRM) shows a Waikoloa Stream tributary
flowing along the northern boundary of .this parcel. All plans must clearly delineate the
limits of the flood zones.
Solid Waste
7. The developer shall prepare a solid waste management plan for the development
which is to be administered by the Association of Homeowners or by the developer if no
association is established.
Roadways
e. The entry road must conform to HCC Chapter 23 standards. The sight distance
must meet the requirements of the Statewide Design Manual.
9. A Traffic Impact Analysis Report should be performed to ensure the proper design of
the intersection.
10. In the interests of pedestrian and bicyclist safety, Mamalahoa Highway should be
improved along the property's frontage. Curb, gutter, and sidewalk construction,
pavement widening to four lanes, any necessary transitions and striping, drainage
improvements, and relocation of utilities should be performed along this frontage in
conformance with the proposed Mamalahoa Highway Improvements, Job No. P-3257.
11. Should the road improvements qualify as an ISTEA (federally funded) project,
instead of actual construction, the developer may deposit with the County an amount
equal to the cost of construction. The amount shall include all development costs and
shall be paid in a manner meeting with the approval of the Finance Director and the
Chief Engineer.
To confirm their intent to participate in the development of an ISTEA project, the
developer shall furnish construction plans for the improvements meeting with the
approval of the Chief Engineer, HDOT, and FHWA. The value of these plans may be
used as an initial payment of the developers' financial obligation for the improvement.
As an alternative, the developer may deposit an initial payment with the County that will
be sufficient for the Department of Public Works to develop such construction plans.
Memo to Planning Director
October 20, 1997
Page 3
If you have any questions please contact Thomas Pack in the Engineering Department
Kona office at 327-3530.
TWP:sIs
cc: Engineering -Hilo
Engineering -Kona
Planning -Kona
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
r~ DATE : November 17, 1997
/liP.~st4/La~LCL~GLI~iL
TO Planning Department
mss. a
FROM -~13e men Public Works
SUBJECT: Change of Zone Application (REZ 97-13)
Applicant: William C. and Patricia C. Bergin
TMK: 3 / 6-4-01: 92
As requested, we have reviewed the subject application in relation to the Mamalahoa
Highway Improvements (Kamamalu Street to Lindsey Road) project, and our comments
are as follows:
1. A traffic impact analysis report shall be submitted to the DPW for review and
comments.
2. All accesses shall be consolidated to the private road on the eastern side. The
private road shall be constructed to commercial zoning standards.
3. A left turn pocket or a double-left turn median may be required; depending on the
ingress and egress of TMK: 6-4-06: 22.
4. Concrete curb, gutter, and sidewalk, and pavement widening improvements will be
required.
Should there be any questions concerning this matter, please feel free to contact Casey
Yanagihara in our Engineering Division at Ext. 8327.
CKY
copy: ENG-KON (T. Pack)
11294
Ct •11[I
l~
1 11
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
o
6il'~~~` 25 AUPU N STREET HLO. HAWAII 96720
en~a.
TELEPHONE (BOB) 96i-0660 FAX (BOB) 961-8657
September 25. 1997
Mr. William C. and Ms. Patricia Bergin
62-22798 Kanehoa Drive
Kamuela. HI 96/43 -
CHANGE OF ZONE APPLICATION N0. 97-002 - -
TAX MAP KEY 6-4-001: 092 -
This application request was forwarded by the Planning Department to this office for our
review. Based on the prevailing water situation in the area. water can be made available from
an existing 12-inch waterline along the Mamalahoa Highway fronting the property. with a
connection size subject to review and approval during the construction design phase of your
proposed development.
However, prior to issuing a water commitment to the proposed development. the following are
requested:
1. The anticipated maximum daily water usage. as recommended by a registered engineer.
must be submitted. The Department reserves the right to make a final determinat~on.
2. In accordance with the Department's "Water Commitment Guidelines Policy." a copy of
which is attached. a water commitment deposit must be remitted. You will be informed
of the deposit amount upon final determination of the submittal required in Item No 1.
Upon completion of the above requirements. an official water commitment will be effected in
accordance with the attached policy. 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.
I th re are any questions. please call our Water Resources and Planning Branch at 961-8660.
~ Milto D. Pavao, P.E.
Manag r
WA:dms _ ~~~~~~T ~ Vi-.
~It'
Att. L~
copy - Planning Department
~ Z
u~ •rr[r
i~`` ~1
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
o
air F 25 AUPU NI STREET HILO. HAVl All 96720
o[ xwx~~.
TELEPHONE (806) 961-8660 FAX (BOB) 9616657
November 5. 1997
Mr. William and Ms. Patricia Bergin
62-22798 Kanehoa Drive
Kamuela. HI 96743
STATE LAND USE BOUNDARY AMENDMENT APPLICATION N0. 97-002 _
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION N0. 97-013 '
REQUEST: A-5A TO CN 7.5 AND RA-.5
TAX MAP KEY 6-4-001:092
we have reviewed the consulting engineer's anticipated maximum daily demand of 1.650
gallons per day or 3 equivalent units at 600 gallons per unit for Lot 4 and find it
acceptable.
Water can be made available from an existing 12-inch and 8-inch waterlines along the
Mamalahoa Highway fronting the property.
Pursuant to the Department's "Water Commitment Guidelines Policy." a copy of which is
being forwarded to you, a water commitment may be issued. Based on the five (5)
additional units requested in the proposed four (4)-lot subdivision development. the
required water commitment deposit is E750.00.
Remittance of the 8750.00 is requested as soon as possible so that a water commitment
may be formally issued. The commitment will be in writing with specific conditions
and effective dates stated. Please keep in mind that this letter shall not be
construed as a water commitment. In other words. unless a water commitment is
officially effected. water availability is subject to change depending on the water
situation.
For your information, final subdivision approval will be subject to the following
requirements:
1. Construct necessary water system improvements, which shall include. but not be
limited to: '
a. water mains capable of delivering water at adequate pressure and volume
under peak-flow conditions: minimum diameter of mains shall be 6 inches
for the RS.5 zoned lots/a/nd 12 inches for Lot 4, zoned CN-7.5.
1/1 /n for hrina! nrnar¢~s... 11n1~
Mr. William and Ms. Patricia Bergin
Page 2
November 5. 1997
b. a service lateral that will accommodate a 1-inch meter to proposed Lot 4
and a service lateral that will accommodate a 5/8-inch meter to each
additional lot, '
c. a back-flow preventer, reduced pressure type, for proposed Lot 4,
d. cut and plug the existing service at the main,
e. fire hydrants spaced not more than 600 feet apart, and
f. a fire hydrant from the existing 12-inch waterline along the Mamalahoa
Highway within 150 feet of the center of the front of proposed Lot 4.
Submit construction plans and design calculations prepared by a professional
engineer. registered in the State of Hawaii, for review and approval.
2. Remit the prevailing total facilities charge, which is subject to change. of
518,000.00. This includes 87.875.00 for the 1-inch meter and 810.125.00 for
the three (3) additional lots. Remittance of the facilities charge is
necessary upon completion of the installation of the water system improvements
and prior to final subdivision approval.
3. Convey the water system improvements along with the necessary easements to the
Water Commission, County of Hawaii.
The Hawaii County Fire Department should be consulted for additional fire protection
requirements.
Should there be any questions, you can contact our Water Resources and Planning Branch
at 961-8660.
Milton D. Pavao. P.E.
Manager
_ WA:gms
Att. '
copy - Planning Department ?
Leo Fleming, Ltd.
~V y n
°°~••~••••~4'~• \elson I~1. Tsuji
U+~:.
•I Fve Clu of
Stephen K. Yamashiro
Muyor - Edward Bumata}'
. V
•~i'i ei•M~'~ Depurv Fvc Ch¢J
~c1.IIlIITf~1 II~ ~tt~tlt.TTT
FIRE DEPARTMENT
)77 Kilaoea Avenue • Mall Lane • Hilo, Hawaii 96)20.4239
(SOS) 961-8297 • Fax (BOS) 961.82%
September 19, 1997 _
To: Virginia Goldstein, Planning Director
From: Nelson M. Tsuji, Fire Chief
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 97-2)
REQUEST: AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 97-13)
REQUEST: A-5a TO CN 7.5 AND RA-.5
APPLICANT: WILLIAM C. & PATRICIA C. BERGIN
mrv uao trFV. ~_4-1'92
The Fire Department's requirements as stated in the Fire Code are:
"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 he-eafter 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).
{ ::fin ~
EXHIBIT
~
To: Virginia Goldstein, Planning Director
Page 2
September 19, 1997
"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 ~e
impaired.
"More than one fire apparatus road may be required when it is
determined by the chief that access by a single road may be
impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus
access road shall meet the requirements of the appropriate
county jurisdiction.
"(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 reads 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.
To: Virginia Goldstein, Planning Director
Page 3
September 19, 1997
"(i) Bridges. When a bridge is required to be used as access
under this section, it shall be constructed and maintained in
accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the
imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15%)
"(k) obstruction. The required width of any fire apparatus
access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all
times.
"(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."
"INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY
SYSTEMS AND APPLIANCES
"Installation
"Sec. 10.301. (a) Type Required. The chief shall designate
the type and number of fire appliances to be installed and
maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings. This shall be done
according to the relative severity of probable fire, including
the rapidity with which it may spread. Such appliances shall
be of a type suitable for the probable class of fire
associated with such building or premises and shall have
approval of the chief.
"(b) Special Hazards. In occupancies of an especially
hazardous nature or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire
apparatus is unduly difficult, additional safeguards may be
required consisting of additional fire appliance units, more
than one type of appliance, or special systems suitable for
the protection of the hazard involved. Such devices or
appliances may consist of automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and
hose, fixed or portable fire extinguishers, suitable asbestos
To: Virginia Goldstein, Planning Director
Page 4
September 19, 1997
blankets, breathing apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems are
installed, they shall be in accordance with the applicable
Uniform Fire Code Standards or standards of the National Fire
Protection Association when Uniform Fire Code Standards do not
apply.
"(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.
"(d) Fire Hydrant Markers. When required by the chief,
hydrant locations shall be identified by the installation of
reflective markers.
"(e) Timi~~g of Installation. When fire protection facilities
are to be installed by the developer, such facilities
including all surface access roads shall be installed and made
serviceable prior to and during the time of construction.
When alternate methods of protection, as approved by the
chief, are provided, the above may be modified or waived.
."(f) All fire alarm systems, fire hydrant systems, fire
extinguishing systems (including automatic sprinklers), Class
I, II, III (combination standpipe system) and combined
systems, basement inlet pipes, and other fire protection
systems and appurtenances thereto shall meet the approval of
the fire department as to installation and location and shall
To: Virginia Goldstein, Planning Director
Page 5
September 19, 1997
be subject to periodic tests as required herein. Plans and
specifications shall be submitted to the fire department for
review and approval prior to installation."
N&LSON~
Fire Chief
NMT/mo
4
BENJA MIN J. CAV ETANO I1f LAW0.ENCE MITRE
GOVERNOR S\~~ DiR_CTOR O: MEa_i.
\~++ai ~
STATE OF HAWAII
DEPARTMENT OF HEALTH
v.o eox 919
HILO. HAWAII 98771-0918
DATE: September 25, 1997
TO: Planning Director, County of Hawaii
FROM: District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment
Application (SLU 97-2)
Request: Agricultural to Urban
Change of Zone Application (REZ 97-13)
Request: A-5a to CN 7.5 and RA-.5
Applicant: William C. and Patricia C. Bergin
Tax Mao Key: 6-4-1:92
The subject lots are located in the Critical Wastewater Disposal
Area where cesspools are not allowed. Any development on these
lots would require all wastewater be disposed into a Septic Tank
System or into public sewer when accessible.
Underground Injection Systems (Ph. 586-4258) which receive
wastewater or storm run-offs from the proposed development need
to address the requirements of Chapter 23, Hawaii State
Department of Health Administrative Rules, Title 11, "Underground
Injection Control."
Construction activities must comply with the provisions of Hawaii
Administrative Rules, Chapter 11-46, "Community Noise Control."
a. The contractor must obtain a noise permit if the noise
levels from the construction activities are expected to
exceed the allowable levels of the rules.
b. Construction equipment and on-site vehicles requiring
an exhaust of gas or air must be equipped with
mufflers.
EXHIBIT
Planning Director
County of Hawaii
September 25, 1997
Page 2
c. The contractor must comply with the requirements
pertaining to construction activities as specified in
the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the
De~.artment of Health at 933-4371.
vl
AARON UENO
WP5I:SLU97-2.mi
iIi_~, t as 1'?. y~1nn_.9 g,'-~59 :'IF-~_: i'I1~ -I!%'.P.1EF'F~1P-~,~! F:a~= ~Ji
P.O. Box .54
l~amucla, Hawaii 95743 ~9~ ~
- ~S -
_5 N~gvember 19P~ 3
Planning Con:missinn -7,','
Coann~ of Hawaii
_'S Aupuni St.
Hilo, HI 9t~?2Q
Dear Sirs. - ;
Regardine the enclo>ed rezoning apF~l:cation, the undersigned oppose using cur e~isnng
easement as access for the commercial F~nior, due to excess traffic -
av~. .
Htni~ Dnv s 1r.
Tl~th 3-fi-a-U01-1.2: Lo! Ikl
Vir;:nia Zunmerman-
TIvtl: 3-6-4-00 l -048
cc _
Dennis Haserot
EXHIBIT
'F
I l5~¢(.p
.
NOTIC'>= OF P~;BL]C HEARING
PLaNNI~'G CO~2:~IISSION
COL~NT~' OF HAWAII
tlpplicant: ~~'illiam C. and Patricia C. Bergin
TIVfK: 6-04-U 1:92
Location of property: Thz parczl is located on the north sidz of
l~~lama!ahoa High~.vay, on the east side of Pdonteasori Scheel,
;approximately 300 feet east of ICamamalu Street, Yuukapu Homesteads,
l:arnuela
'\ature olApplication: The applicants wish to change the existing A-Sa
zoning to CIS 7.5 and RA-.5. If the application is approvzd, the}' intend
to develop the front 1.2 acres for neighborhood commercial uses and the
rear 1.6 acres for three 1/2 acre rural/residential purposes.
Date t;led with the Planning Department August 18. i 99 7
~
Date of bearins: Thursday, December 4, 1997
(P[ace: Kona Surf Hotel, Kamehameha Ballroom
~ 78-228 Ehukai Street ~
I
' keaubou, North Kona
Please call if you have any questions
Dennis Vi'. Haserot.
Agent for applicant
P.O. Box Ei2~ l
hamuela, III 96743
Te188~-2148
;rte; w;~^-- <<~-C'd :~,Ca
,k
I3II.L, NO. 152
OIZOINANC~ NO.
AN ORDINANCE AMENDING THE STATE LAND USE BOUN ARIES MAP, H-25 FOR
THE COL"~~TY OF HAW~'I, I3~' CHANGING THE DISTRICT C ASSIFICATION FROM
THE AGRIL'LTL~RAL T THE: RURAL DISTRICT ATP U, WAIMEA, SOUTII
I~O~-IAI,A, HAWAII, COj.~`EREI~ 13Y TAX MAI' I~EY 6~4-01:92.
EE IT ORDAINED EY `THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use.l3oundaries Map, H-25 foa~ the County of Hawaii, is
amended tea change the district classif cation of property described hereinafter as follows:
The district classification of the following area situat~d at Puukapu, Waimea,
Soaa~. I~ohala, Hawi, shall be Rural:
Eeginning the Southwesterly comer of this parcel ~f land, being also a point on
the Westerly boundary of Lot H, the Southeasterly corner of Il~ot G-3 and being the
Nc~;,heasterly corner of Lot G-2, the coordinates of said poi ~ of beginning referred to
Government Survey Triangulation Station °°WEST EASE°° b ing 379.77 feet South and
431.26 feet East and manning by azimuths aneasured clockwi e from True South:
1. 147° 30° 30" 546:1; feet alo~ag Lot G-3 and along the
reanain ers of Lot 53 of tlae Puukapu
Homest ads, 1st Series and
Grant ~ 10 to Elizabeth W. Lyons to
a point;', .
i
2, 229° 45' 126.59 feet alog the Southerly side of
Homes ead Road to a point;
1
Thence, for-the next three (3) courses following along the ~esterly side of an existing
Roadway:
3. 329° 07' 268:00 feet to ~ point;
4. 302° 33' 33.54 feet to ~ point;
5. 329° 07° 293.28 feet to ~ point;
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l~I~~NDIIdG THE STATE X16 USC ®~I~D~R~ES I~~ 5 FOR TI~fiE G4lINTY OF
HA~~lli$ EY CHAI~GIG TIC DISTRICT CI.ASSlI:'ICTfQM fR~M T~€ AGR{CU~.~°URA~
TO TI~~ RURAL DISTRICT AT PU~KAPU, 1YAl~~Am S®lJTH ~~KOHA~, I~AWAII.
~Y : ~~~~R~~~~~
c~a~~~r ~e~w~Ai
TMK 6-4-01:92 NOVEMBER 25.1997 j~,l
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ra~~.M ~a.~ ~II~I, NO• 183
L"~a
(Draft 3)
OI?V~E 1®I®.
- - ~ ~ tJ ~~3NE 1+rI~P
AN OIZDINANCE AMENDING SECTION 25 8 11 (L~ ~PvIILO , FLT[I~E1-F
AI~TIGLE 8, CIL~.FTEI~ 2~ GOING CODE) OF TAE CIA. ~OI.~NTY COI~~, ~Y
CIL~TdC~I~°~G '1 I~ISTF.iCT CL~.SSIFIC.~T.IOlV" F~Cf~~I r~,GItIC~.,'LTI~~L TO
I~EIGOIIOOI~ CO~IEI~CIr~:L 4CN-7.5) I~ESII~ AND AG~IC~JI,Ti~'IZAL
(IZA-.Sa) AT I~I,'Lt.J, ~~IAIIirIEf~, SO~7 TII I{.OI-IALA ~ , COVEItEI~ )3Y TAX 1VIAI'
I~EY 6-4x0.1:92.
EE IT OI~AINED EY TfiE COUNCIL OF THE C®UNTY OF I~VVAII:
SECTION 1. Section 25-8-11, Article Chapter ~5 (Zonin Code) of the ~Iawaii
County Coc, is amended to charge the district classification of pro~erty described hdreinafter as
follows:
The district. classification of the following area. sitiaat~:d at Puukapu, VJaisraea,
South I~ohala, I~iawaii, shall be Neighborhood Co~nmerci~l ~CN-7.5):
l3egimning at the ItiTortlawesterly corner of t~s parcel bf land, being also a point on
the ~7Vesterly boundary of Lot I-I, the Southeaster comer of~Lot G-3 and bei€~g the
Northeasterly corner of Lot G-2, the coordins ~~~'sa<d Isoi€~t €~€lsegning r~f~d to
Government Sur~aey T'~ia~sgulatio~. Station "~S~" ~~SE'° l~eirag 379.' feet Souk-.:and
431.26 fact East and ro,:ing by a~inzuths ~neasur~d cloclew~se frogn True South:
1. 2~Oa 21` 127:€12 feet ~los~g theenaainders of Lot I-~, Lot 53
of ~ ~
~ ~~~~ikap omestead~, I st Series and
Cara X210 to li~abeth . Lyons to a
point;
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Roadway to a ~oint;
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1~Iigltw~y to a. ~aoint;
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of L€~t ~3 of the Fus~alsu I~~esteads, 1st
Serz~s and- Grant 42113 to Eli~b~th
'~1. Lyons Lo point;
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made a part hereof.
SECTION 2. These changes in district classification are co~$ditioned upon the following:
A. The apglicants, its successors or assigns shall be responsible for coanplyin~; with
all the sued condations of approval. i
1~. 1he appli~~::nts, s~ecessors or assigns sl~~ll b~ resp~nsibic -for coa~plys~g S~rith all
re~~ziremer~ts of Cpter 2~5, a~vaii Re~?ised Stat~~tes, relating: to pern~ss:ible
uses: wither €he S€ate ncl use Rural l~istric€.
C. The,requir. water commitrneatg payngent>sl~ll °,x s~abmi~ed tc~ the I~epart€~ent
of mater Supply ~ accordance with its "Water Co 'tffient Cauidelizses policy"
witltan nicety (9~~ days: from a effective date of €~is ordinance.
D. Final S`atbdi~~ision ~Proval of the proposes sutadiv~sion within €.he subject
prczpert6,~ 3h~;ll be seca~ed tom a ~ianng ~lirect~sr within eve years; from.
€hc effeeti~ date of -the Ohangc mf ~o ordinance
E. traffic ~~pact analysis repor€ shall be sbmi€ted o €he ~partrnent of I~blic
c~rl~s for view-and: approval pti~r to ~ubittal f plans for subdivision
review.
E. Access €o €he subject property fr€~m I~amalahoa I~~ghway Road. shall. xn~t with
the re~uirnertts of the impartment of :blic ~or~s. The entrance roadway
sight distance sl~l tneet the requireffients of the Statewide 1?esign 1Vlanaial.
1. access to €he cs~n~rcial zoned area. from.:. tahoa highway shall be
on ~e eat€ei side ~sf the subj-e~1t property..
2. access €o €he R zoned arm fro I~ialaoa I~i~hway shall. be from
private road bated ota €he eastern side!of €he st€bject propert~p;.
G. amalahoa I~i~~way sl~li be prov~l. with a tef~ tug ps~cl~et or a double-left
t~&rrs ffiedi~n., if ~e~u~ed by the ant of pta~lic ~orlss in co~~unction with
Ei~l Subdivision .gproval.
l-I. 1?or €o securance of a certificate of occupancy fo~' €he neighborhood
co~nercii coned area, the subject pror€y's 1l~lalataoa I~ihway ~on~ge
~h~Is be improved with cab, guar anal. sisiewall~ ~onstrs~ction, drainage
-3-
i
i~eat~i o~ .€ot.~d aige~C~d P~ anp <a~oaaq ii~gs p `~~n ~gons qa~a ao3 n,~iagt~ta.~ati
pal~aoii~ s$u~oo~ a~ ~Cq pacloianap aq o~ pasodo.ad sl~n i~a~~aptsa.~ ~0 3aquiaau
~~~idi~in~ ~o ~~i'flpC~3 ~ qo~ ~A311S ~F{'$ aq iii ~®Ili3gF.T~LIO~ a3~tis
~F~~ ~ ~o a °sp~oi p `sat~ii~a~~ i~sodstp a~s~~, p8ios `a~giod `aa~~
`uor~~aaoaa p~ s~.~d of aaadsa.a t~ .n~ado~d saa[gns ate;
~o saa~d i~aot~a3
i~~~€a~od ~ a~~~i~ o~ ~€oi~ngi~€oa ads s3~ a II~s $a~o~idd~ aq.I4 ' I~
ua
• uaaq and sas~a~ ani3e~~ g~a~ans ua€i~ aq~ ~o.~ ao~.~~aio
i~ai~oi~sa~aia ~odn paaoo~d ii~€;is ~.~on~. ~a~anbasgnS °pa~~o~€ ~ia~~tpa ~q
its ~~~~i-2I.,`ItI) €~o~slnt~ ~og~~n~asa,~~ a~olst-saa~nosa~ p~ pu~I
30 ~uada~ a p~ a~ao Items ~a ~~~pat atp ~~on~ `p .~a~~no3na
~o s_~n~d f ~a~a~€i~ i~~o~ .~o ~s~ `sp~~nq `s~isodap
i~oo.~o `a~oq `hags £s1~ s~ ~~~.s s€~a~ 3o sags pa3n~p~n pin®q~ '°I
•i~no.~dd~ ~oisan~pgnS
i~ Baas o~ .~o~d ~~o oiiq~'~i 0~0 ~~ada~ a~ o$ ~oBdd~ ~ n~atna.~
ion pa~q~' ids ~ado~d ~aa~;ns ~ mid ~~a~a~ a~s~~ PBi®S ~ ' X
•nQ.~dd~ ~otstnBpgnS
i ~o ao~~nssi aqI o1 ~s~~d ~~o aei~& ~nada~ aq~ ,~o i~no~dd~ a~
~tn~ ~aa~ a~;as~oo aq I~qs `pa~nba~ `s~a~a~ano~d a~~~ •rnaanaa
~aois~=~~pgns mid ~o ~qns of ~~a~d `~o, aaiq ~o a~~aQ aql ~q
i~no~dd~ p ~ain~~ ~o~ pa,da~d s `axis ~~a~'o~d ~ I~ ~pnls h~~s~.yp e~ ' f
°~o~dd~ ~oistn~pgnS i~ ~o si ~ ~o~d ~aana~n~
~a~~~ a~ p ~o~oa.~~ ~ ~o pi~.o~dd~ a €p ~.aat~ ~ ~ ~
pt~d aq i~qs p~ sasoa ~~a~doianap a~ ~o a.~qs ~~~o.~d ~ aisni i, s ~~noa~
aq~ °~o~~os~€oo ~o ~s~o a of i~nba ~~tao ~ a~€o~ a~ t~ ~isodap
iris s1>~~Idd~ `~o~.~snc~o a~ ~o nail `~oafd spa ~ii~~aPa~)
~'~,LSI s~ .€i+~b I p~ s~F ~apnn s~~a~atanozd€ p~o.~~ a pig®~IS 'I
• s~,ao~ o8tq 30 ~aaada~I a~ ~o ~no.~dd~ aql q~in~ ~~laa~
~~~tI~IgI ~o~ii~ aq1 ~~oi~ saB$~p~n 3o not~~aoia~ p~ `s$~a~ano.~dttq
subdivision approval or final plan approval for any ~SOrtion of the subject
property or its increffients. If the subject property i$ developed in two or more
increments, <?~e mount of fair share c~antributio~ due and payable prior- to
final subdi~~~sion approval or fl plan approval of ~ach increment shall be a
sum calcuist in e same manner accor~~ to ~e nuffiber of additional
proposed residential units each such incre~neng. e fair share contribution
znay be in ~>form ~f cash, 'and, facilities, or -any co~abination thereof acceptable
to tlae direcr in ~~;onsultation with: tlae affected a~e~cies, 'The- fair share
contributigx~ shall eve a maa~ianu~rs comb value,of ~~p23~.~~ r slnI~•
f€Iy r~sid~ntial u~t€t~ used ~pnn t plalic~' ~ relsresention of inte~9t to
develop ula ~o ihr sidential omits, the ihdsated .Natal fair altars contribution is
$2~p'~17 for siz~~le-family residential wits. ~io~ever, the total a~raount shall
be increased. or reduced ~ proportion with the ~ctu~l ~utnber of a accordant
to e calca~lation ;and payment p~ovision~ set forth ~n -this ~s~ndition ~?I, 'The
fair share contribution shall be allocated as follows
1. 3,.~~ per single-faa~nily residential unit!for an in€liced total of
~Ily~~~.~ to ~ bounty to sufap€art party a~d recreatol iprov~rne~ts
and:- facilities;
2. ~1~.~3 per sial~-~faa~l~F reside~~ial uzait f r indicated total of
to the ~outa~ to suppoa~ dice facilities;
3, 3~.b1 r side-fa.ily resider~~ia~ unit f r an indicated tottal of
to t ~oua~ to spa o~ ~ facilies;
ty pF
1~~.6~ r single-faintly residea~ti unit fir an indicated t~stal of
3~.~~ t~ t ~caa~nty to sugport; solid was~e.facilities;
~I~I.fs~ r ~in~lc-family resintial uni for an indicated total of
~O~.II td the Mate or ~o~.nty> t~s suplaor~ road and traffic
~npra~venfents.
i
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pau~zo~.aad aq uot~tpuoa ~ ` • a ° aatt.zo~ad ~o~ pa~u~a~ ~ii~~uo
poi.~ad atp paaaxa o~ you po~ad ~ ~o~ aq ii~s pa~t~.t~ uoisua~xa atop
pug `auoz ~o a~tx~s a ~o ~ttt~ a .~o~ suo~at
i~i.zo a~ o~ ~.a~.~taoa aq Cott Piro uc~gsual~a a~ a ~o ~ua~.~0 ~ £
`ap~'O; ~uiuo~ .ao
u~i~ Te.~aua0 a of .~uoa aq you pinor~? utsisua3xa au~~ a ~o ~upt0 'Z
6a~a~ti~au ~o Fitg~_~ ~a ~o ~g~sa~ aap you a:~ ~:pu~ `stt~iss~
• ~o s~ossaaatas sit `sxa~tdd~ ado io~taoa atp pu~riaq a ,to uaasbso~
uaaq an~q ~cu pp`aoa ~ suo~3ipuoa ~o g~sai atp si aat~~s~ad-u®u i~at~, ' i
sa~u~stzma.~a
~u~:oiio~ a tgodr~ ~olaa~ ~~uu~i~ ~tp aSq pa~u~.~ ~q ~ aau~p.to
aq°a s~oFlipuoa ~a aa~~tg.ati atp ~ ~ t~otsua~~a ~ ' O
' aaup~0
aa~ aa~d~ pat,~gun atp ~o s~uatuazanba~ atp spn~o1 pa~Ypaa9 aq ~I,ii~s ~a.~ati
pap~iaui suot~tpuoa `saa~ ~a~~ ~o>~uatussass~ atp .~o suop~~a 3~ udpBSOdt~ .toy
~~a~~a o~~ was >aout<uip~0 saa~ Za~dt pate ~ ado iiautao~ a~ Pig®tiS ' ICI
• saBaua~ae a~~tiotdd~ atp tpt~ uoppoa ut~dt~ `,to~aaatp
atp i~notd~d~ p~ ~~aina~ a ~~~q~ ii~i~ ~e~pngi~u~a a.~qs ~a~;
atp ~o ~a€i ~ ap~€~ .to p~a~ni~ a~a,~o~du 1~u ~soa a€p palnq~uoa
Phi ~o as~p;n ~a~ a ` €tmpipu®O ~~z,~a~~. ~o sasod~d
god • sluatuanotdt~ at, Pte, p~o~ t~opgPas~O ' Pa~g~ads t~s a~
~sug~~~ pa~~pa~a aq ~s opap~o0 p~~anb s~~atuan~aasi~ a~ ',~~=as~suoa
pta~ ~uiptno~d ~o ~s~ a °~o$aa.p a ~o i~no~dd~ atp o ~~afq~s `~ua~doianap
pasodo.~d ~q pa~a~d~€ tz~~~a~ a~ sp~ot;p~ `sapa~~ ~sodsip
a$s~rn pgio `aoii `oa~~a~ i ~d pa~~ia~ :sap€pa~~.1~u-
a~anoadt~
aanquoa p~ $at~staoa ~ ~u~aiidd~ a~ `zBOpngp~uoa ~s ~ut,~~d ~o
naFi ui ' (I~€OI~ xapui aoaa~ .aasuo0 uptiouo~ at{~ ut aka a~~uaaiad atp
tao pas~q `auoz ~o a~u~io atp ~o aa~p ant~aa~a atgi .tam s.~a~ aa.~g3 ~tpuui~aq
~i~ntauE PaisnfP~ aq iris anoq~ paquosap suoa~ngr~uoa a;'a~s ate,
within one year may be cxtended for up to o~ae additional year).
P. Should any o~ the co~ditioa~s not be rnet or substanti~
Illy coffiplied with in a
timely fashion, tl~e I~irect~s~ n7ay initiate r~zo~~ o the subject -area to its
ori~i~~al or move ap~~opriate designation.
SECTION: Iii ~ event tart ai~iy portion o~t3~is €~rdinance ~s declared invalid, ,ucl~
invalidity ~l~all not aiTect e ®ther p'cs of this ordinance.
SECTION 4. This ordinance shall ~lce effect upon its appr®1~a1.
INTIZOI)I1CE~ ~Y;
C ~I~,. i~a~I~EFf,~~, COIJNT~I O~ tlli
Hilo, I-iawai
~f azat~ottction; F'~bruct_`~ ~8, i998
~sf ist .~.i F`~bn?y 18, x.998
~t~ af~n ~eadiri~; X998
E~ctive I~a;c; *~~~-t ~u. X99
~~IZOVEIa AS TO FOIt~iI ENO I,E~'i~IT~'
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CO~OI~r,TION COUNSEL
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OFFICE OF TI-€E COUNTY CLERK
County of I-Hawaii
Hilo , j~~waii
ROLL CALL VOTE
Introduced By: Bobby JeLei,~t:~=Tod.~m ~ AYES NOES ABS E%
Date Introduced: ~'ebnaazy 18, 1998 akaTci X
First Reading: F`ebsu~~r 18 r 19°8 Chun X
Published: Februaxy 26, 1998 Leithead-Todd X
Ray X
REMARKS: Reynolds X
Sant~ragelo X
SmitF~. X
ler
Ya ong
9 0 1
ROLL CALL VOTE
Second Reading: Mach 6, l~~r~ AYES NOES ABS EX
1°o I4layor: Mash 10 1998
Returned: Math 17, 1998 X
Effeceive: Max~l~ 16. 1998 Chung X
Published: Ma~I~. 23 , 1998 Leitl~,ead-'Todd X
Ray X
REMARKS: Reynolds X
Santaitigelo X
Stttith X X
Tyler . X
Yagong X
7 0 2 0
110 HEItE~Y CERTIFY that the: foregoing SILL was adopted liy the Coa~nty Council and pceblished as
indicated above. ~"9~~ T~
T`E°~JTY C~2?C::1T:GN ~OUN`,EL
COUNTY Or IiAWAII
Care 3 ~l ~
Approved/ r! this ~ daay COU CIL CHAIRMAN
~ COUNTY CLER
~~Lt L~~
,'I~IAY R. COUNTY O HAWAII Bi11 No.: ~ 183 (Draft 3 )
Reference: -645 -94
Ord. No.: