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HomeMy WebLinkAboutCOM 0753.000 1996-1998 r William G. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho oi-er.~~• Deputy Managing Director (90untg of p2duxii 25 AupuN Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 March 4, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 94-16) Applicant: Kenneth C. Kjer (Previously Harry and Daisy Hasegawa) Request: A-5a to CV-10 Tax Man Key: 7-5-17:20 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 Change of Zone Application. Wince ely, Stephen K. Yamashiro ~ Mayor i LKjer0l.MAY Enclosures cc: Planning Commission REZ 94-16 931./l 'Rog :pal. Y)uce,. MAR U u ::;.~o 1v,or gyp!` Stephen K Yantashiro Mayor ~•61N~'~ dauttfV o Op"niuait PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %720.4252 (808) 961-8288 • F"(808)%1-9615 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 94-16) Applicant: Kenneth C. Kjer (Previously Harry and Daisy Hasegawa) Request: A-5a to CV-10 Tax Man Key: 7-5-17:20 The Planning Commission, after a duly held public hearing on February 20, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 12,432 square feet of land from Agricultural (A-5a) to Village Commercial (CV-10). The property is located at the northern side of the Queen Ka'ahumanu Highway and Hualalai Road junction, Waiaha 1st, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone from Agricultural 5-acre (A-5a) to Village Commercial-10,000 square feet (CV-10) zoned district will conform to the following General Plan Land Use Element's goals, policies and standards: T , I Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Zone urban and rural types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. o Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. o The County shall encourage the maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Approval of this request would also compliment the following goals and policies of the Commercial Element: o To provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community, and regional needs. o The development of commercial facilities should be designed to fit into the locate with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards, and courses of action. It is also a graphic depiction of the physical relationships among the various land uses. The LUPAG Map establishes the basic land use pattern for areas within the County. The LUPAG Map designates the area for Medium Density. Such a Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 designation may allow Village Commercial uses. Although the Kailua Village Master Plan has designated the area for Residential Use, the size and location of the subject property is not suitable for residential development. The Kailua Village Master Plan land use recommendation is to "Provide small lot office and neighborhood convenience commercial." In addition, there is a doctor's office on the adjacent property to the north of the subject parcel. The subject property is located on the outskirts of the commercial area of Kailua-Kona, within close proximity to existing services and facilities, but in an area where no other commercial zones exist. The property is surrounded by scattered residential communities, and the proposed office building will serve residents of these communities. Thus, the proposed change of zone will provide a convenience to neighboring residents, without placing a burden on public agencies to provide costly infrastructure improvements. The immediately adjacent properties are sparsely populated and the proposed increase in traffic to the site should not create a nuisance to the neighbors. Although the traffic on Hualalai Road is already high, the proposed use is small enough that it should not cause a significant increase in the level of service at the Queen Ka'ahumanu Highway/Hualalai Road intersection. Concerns over adequate sight distance can be mitigated through appropriate conditions of approval. In addition, the building will be designed to provide adequate on-site parking and internal circulation, and there are no valuable historical or natural resources which will be adversely impacted by this development. Adequate public services and utilities are available to accommodate the proposed development. Water, electricity and other essential utilities are available to accommodate the proposed commercial use of the property. The applicant will be required to address agency concerns regarding adequate access to and sight distance along Hualalai Road through conditions of approval of this change of zone request. The wastewater disposal system and any drainage improvements will be designed in accordance with applicable State and County standards, and will be carefully reviewed during the Plan Approval process for development. Fire, police, emergency and medical services are located in Kailua-Kona, approximately one and one half mile north of the subject property. Adequate access is available to accommodate the proposed use. According to the traffic analysis submitted by the applicant, the level of service will not significantly decline as a result of the project. The Department of Public Works has determined that the proposed use is large enough to cause a significant impact on traffic. However, the Department will require substantial improvements to enhance the sight distance along the Hualalai Road frontage of the property. These improvements are intended to ensure safe vehicular access to the new building, as well as the safety of passing traffic. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 These improvements have been incorporated into the conditions of approval of this change of zone request. Due to the graded nature of the subject property and the surrounding areas, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the project site, nor has the project site been identified as a significant botanical or biological habitat. Additionally, the Department of Land and Natural Resources, Historic Preservation Division has commented that "the proposed action will have no effect on historic sites." Finally, all other essential utilities are or can be made available to the subject property. Based on the above findings, approval of the Change of Zone from Agricultural 5-acre (A-5a) to Village Commercial-10,000 square feet (CV-10) zoned district would result in an appropriate land use pattern and further the public convenience, necessity, and general welfare. For your favorable consideration, an amendment to Section 25-8-3, the North Kona Zone Map of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, ~yN Kevin M. Balog, Chairman / Planning Commission LKier02. PC Enclosures cc: Steven S. C. Lim, Esq. Maryl Realty, Inc. Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu Bhase0l.1cs 11/9/94 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HARRY H. AND DAISY T. HASEGAWA STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 94-11) CHANGE OF ZONE APPLICATION CREZ 94-16) HARRY H. AND DAISY T. HASEGAWA are requesting an amendment to the State Land Use classification from an Agricultural to an Urban district, and a change of zone from an Unplanned (U) to a Village Commercial (CV-10) zoned district for approximately 12,432 square feet of land. The property is located on the makai Kohala comer of the Hualalai Road/Queen Kaahumanu Highway intersection, Waiaha 1st, North Kona, TMK 7-5-17: 20. (See Exhibit A - Location Map.) GENERAL INFO MATION 1. Land Ownership: The parcel is owned in fee by the applicants. The property was leased to the County Board of Water Supply from 1928 to 1988 as a water tank site. On October 14, 1994, a Mutual Rescission and Release Agreement between the applicants the Board of Water Supply was recorded at the Bureau of Conveyances. This Agreement released the County from its lease of the property. (See Exhibit B - Mutual Rescission and Release Agreement.) APPLICANT'S REQUEST 2. Request: The applicants are seeking this State Land Use boundary amendment and change of zone in order to develop an approximately 7,000 square foot commercial office building on the property. The applicants plan to use one of the proposed offices for their real estate business; the other offices will be sold as condiminium units to various ATTACH. C-753 (B-298) commercial ventures. Other proposed improvements include 24 paved parking spaces for use by owners and their clients, paved loading areas, and a paved driveway access to Hualalai Road. (See Exhibit C - Site Plans:) 3. Reasons for Request: a. Demand for Flexible Commercial Office Space: "The number and size of the project's condominium spaces will be variable in order to provide each unit owner maximum flexibility for design and future expansion. Due to the anticipated growth and related market demand for large-scale commercial office space in the Kailua-Kona region, the applicants believe that this project will provide a feasible market-level alternative for commercial users." b. Location Outside of Urban Core: anticipated demand for commercial office space in Kailua-Kona makes this project feasible and particularly attractive to those commercial users who are looking for office space outside of the urban core." C. Proximity to Existing Services and Utilities: "The project will be located within proximity to government services and utilities and will be compatible with existing uses in the area and the overall growth of the region." (See Exhibit D - State Land Use Boundary Amendment Application and Exhibit E - Change - of Zone Application.) STATE AND COUNTY PLANS 4. SLU: Agricultural. 5. General Plan LUPAG Map: Medium-Density Urban Development, which allows 2 "village and neighborhood commercial and residential and related functions (3-story commercial; residential up to 35 units per acre)." The proposed commercial office building is permitted in areas with this designation. 6. County Zoning: Unplanned. 7. Hawaii State Plan: The applicants' request is consistent with the following Priority Directions established by the Hawaii State Planning Act, Chapter 226, Part III: a. Economic priority guidelines: "Support business expansion and development to achieve a stable and diversified economy." b. Population growth and distribution priority guidelines: "Encourage urban growth primarily to existing urban areas where adequate public facilities are already available or can be provided with reasonable public expenditures. Secondarily, encourage urban growth away from areas where other important benefits are present, such as protection of valuable agricultural land or preservation of life styles." C. Hawaii's land resources: "Seek to accommodate urban growth in existing urban areas while maintaining agricultural lands in agricultural designation." 8. General Plan: The applicants' request is consistent with the following goals, policies, and standards of the General Plan: a. Economic Goal: "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." b. Land Use Policy: "Zone urban- and rural- types of uses in areas with ease of 3 access to community services and employment centers and with adequate public utilities and facilities." C. Land Use - Commercial Development: 1. Goal: "Provide for commercial developments that maximize convenience to users." 2. Policy: "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." 3. Standards: a. "Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area." b. "Off-street parking and loading facilities shall be provided." C. "Preference shall be given to commercial lands with a reasonably level topography." 9. 1994 Draft Master Plan for Kailua-Kona: The applicant's request is consistent with the following recommendation for commercial development articulated in the Draft Master Plan: "Provide small lot office and neighborhood convenience commercial." 4 DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 10. Property Dimensions: TMK 7-5-17: 20 consists of approximately 12,432 square feet or .285 acres. The property has roughly 85 feet of frontage along Queen Kaahumanu Highway, 97 feet of frontage along Hualalai Road, and an average depth of roughly 121 feet. 11. Existing Use: The parcel is currently vacant of any structures. From 1928 to 1988, a water tank operated by the Department of Water Supply was located on a portion of the site. 12. Proposed Uses: The applicants are proposing to construct a two-story structure on the site, with approximately 3,100 square feet of office space on each floor. This structure will have a median height of 30 feet. Fifteen (15) parking spaces will be located beneath this structure on the ground level. An additional nine (9) parking stalls will be located along the HuaWai Road frontage of the property. According to plans submitted with the applications, the driveway access will be from Hualalai Road, at the southwest comer of the property. This driveway will be approximately 23 feet wide; both the parking area and driveway access will be paved. 13. USDA Soil Type: WHC, or Waiaha extremely stony silt loam, with 6 to 12 percent slopes. This soil may be used for pasture. 14. Land Study Bureau Soil Rating: E233, or Waiaha series shallow, dark brown volcanic ash with poor suitability for agricultural cultivation. 15. ALISH: Not classified. 16. FIRM: Zone X, or outside the 500-year flood plain. 5 17. Topography: The elevation of the parcel is approximately 700 feet above mean sea level. According to the applicants, "its terrain is generally level, with no significant slopes." A site visit revealed that the terrain'gradually rises from Hualalai Road to Queen Kaahumanu Highway. 18. Flora and Fauna: The site was previously cleared and utilized as a water tank site for the past several decades. The parcel is located at the intersection of the Queen Kaahumanu Highway and Hualalai Road, two main thoroughfares in the Kailua-Kona area. Therefore, it is unlikely that the proposed development of this relatively small parcel will further impact any native species of plants or animals. No endangered or raze species are known to inhabit the site, which is overgrown with scrub vegetation. 19. Archaeological Sites: To the applicants' knowledge, there are no significant arachaeological sites on the property. Although no formal archaeological survey has been conducted, the State Historic Preservation Division commented that "the proposed action will have 'no effect' on historic sites." 20. Surrounding Zoning: Surrounding properties to the north are zoned Unplanned (Il), Multi-Family Residential (RM-4), and Single-Family Residential (RS-15). Surrounding properties to the south are zoned Unplanned (U), Agricultural-I acre (A-la), and Single- Family Residential (RS-7.5). 21. Surrounding Land Uses: Surrounding property uses include the University of the Nations to the northwest, the Hualalai Colony II subdivision to the east, the Kona Hillcrest subdivision to the southwest, and scattered single-family residential and agricultural uses. Much of the property to the south is vacant land. 6 L U171LITIES AND SERVICES 22. Access: The State Department of Transportation will not permit access to the property from the Queen Kaahumanu Highway. Access will be from Hualalai Road, a County- maintained roadway with a 20-foot pavement width within a 40-foot right-of-way. There are no shoulders on much of Hualalai Road, and the land slopes up on east side of the road and drops off on the west side. Internal access will be via an approximately 23-foot wide paved driveway, which is tentatively located at the southwest corner of the parcel. The location of this driveway may be shifted further north, due to Department of Public Works concerns over inadequate sight distance to the site from the Hualalai Road/Queen Kaahumanu Highway intersection. Sight distance from the intersection is severely limited by a sharp bend in Hualalai Road at the site of the proposed driveway. 23. Water: County water service is available at the site, from an 8-inch water line along Hualalai Road. 24. Wastewater: Wastewater will be disposed of in an individual treatment system or cesspool which meets with the approval of the Department of Health. 25. Drainage: The applicants are not aware of any significant drainage ways crossing the parcel. The Department of Public Works has, however, requested that the applicants prepare a drainage study and install necessary drainage improvements prior to the establishment of the commercial office building. 26. Electrical and Telephone Service: Available at the site. 27. Protective Services: Fire, police, emergency, and medical services are located in Kailua- Kona, approximately one and one-half miles north of the site. 7 AGENCY COMMENTS 28. Fire Department: "Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section 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." (See Exhibit F - Fire Department Memo.) 29. Department of Health: "Found no environmental health concerns with regulatory implications in the submittals." 30. Department of Land and Natural Resources (DLNR): Division of Land Management (DLM) DLM has no objections to the change of zoning from Unplanned (U) to Village Commercial (CV-10). The proposed office building will not impact Department of Land and Natural Resources properties and projects within the Waiaha, North Kona area. Under the new zoning classification this new office building will offer a broad range of commercial uses that are necessary to serve a semi-isolated residential working population where the supplementary support of the general business uses and activities of a central commercial district are not readily available. Historic Preservation Division (HPD) The probability of historic sites would appear to be low based on the statement on Page 2 of the application that'The property had formerly been partially cleared, developed and leased as a watertank site from 1928 to 1988.' HPD believes that the proposed action will have 'no effect' on historic sites." (See Exhibit G - DLNR Memo.) 31. Real Property Tax Division: "Your inquiry regarding a zoning change on the above referenced parcel is attached. Our records indicate this property is currently leased to the County of Hawaii Board of Water Supply. There has been a government exemption on this parcel for many years." (For applicant's response, see Exhibit B - Mutual Rescission and Release Agreement.) 32. Police Department: "The current road design restricts reasonable line-of-sight to the proposed driveway and therefore, for the safety of westbound through vehicles, we recommend the following: 1. Move the driveway to the west end of the property; 2. Create right turn deceleration lane; 8 3. Improve east end of the property to give more line-of-sight when entering from the Hawaii Belt Road." 33. Department of Public Works (DPW): "We have reviewed the subject application and our comments are as follows 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. TRAFFIC 6. Based upon our TIAR guidelines and the parcel's location at a busy intersection, we recomrttmend that a traffic study be performed to help determine what improvements will be required to minimize adverse impacts on the Hualalai Road/Queen Kaaahumanu Hwy. intersection. Sight distance considerations must be taken into account for any driveway location." (See Exhibit H - DPW Memo.) 34. Planning Department: Please note that the Department of Public Works is recommending that a traffic impact analysis report (TZAR) be prepared to assist their analysis of the proposed development and its impact on the Queen Kaahumanu Highway- Hualalai Road intersection. We are hereby deferring further processing of the subject applications until a TIAR is prepared and comments regarding the TIAR is received from the Department of Public Works." 35. Department of Transportation (DOT): "With comments shown below: - No access will be allowed from the State Highway. - No additional storm discharge shall be allowed onto the State's right-of-way. - Guardrails for all lots (lower ones) that require protection from highway traffic. - Barrier for objects like trees that may projectile from Queen Kaahumanu Highway if to build more than 10' below the Highway." (See Exhibit I - DOT Memo.) 36. Department of Water Supply (DWS): Based on the prevailing water situation in the area, water can be made available from an 8-inch waterline along Hualalai Road fronting the property with a connection size subject to review and approval during the construction design phase of your proposed development." (See Exhibit J - DWS Memo.) 9 37. Department of Agriculture, HELCO, Office of Housing and Community Development, and Soil Conservation Service: No comments. -ADDITIONAL INFORMATION FROM APPLICANTS 38. Traffic Analysis: According to the Traffic Analysis submitted by the applicants, "the construction of this proposed building should increase the traffic load on Hualalai Road." During the peak morning rush hour the new building will generate an additional 22.4 trips per hour, and during the peak afternoon rush hour the new building will generate an additional 23.8 trips per hour. According to Appendix A of the Traffic Analysis, peak a.m. southeastbound traffic on Hualalai Road would remain at Level of Service E, or characterized by "very long traffic delays," as a result of the new building. Appendix A indicates that peak p.m. southeastbound traffic would improve from Level of Service E to Level of Service D, or characterized by "long traffic delays," as a result of the new building. However, page 4 of the report states that 44% of the p.m. traffic on HuaWai Road is toward the southeast. Based on the engineer's estimate that the new building would generate an additional 23.8 trips during the peak afternoon rush hour, with 44% of these trips heading to the southeast, it is difficult to understand how the peak p.m. southeastbound level of service would improve as a result of the project. The Department of Public Works confirmed that this calculation is in error, and that the peak p.m. southeastbound traffic will remain at Level of Service E after the completion of the project. The project will apparently not generate enough additional traffic to cause a decrease in the level of service on HualaW Road to Level F, or "when demand volume exceeds the capacity of the lane, extreme delays will be encountered with queuing which may cause severe congestion affecting other traffic movements in the intersection. This condition usually warrants improvement to the intersection." (See Exhibit K - Traffic Analysis.) 39. Sight Distance Analysis: "Due to the extremely short sight distance available from the southern side of the parcel, an alternate driveway location furthest from the above mentioned rock outcropping along the northern boundary of the parcel was also analyzed. Observations taken from the center of a proposed driveway at this location yield a sight distance of 140 feet to the south (left when exiting) and 680 feet to the north (right when- exiting). The sight distance to the south remains over 80 feet less than what is required by the Uniform Design Manual. A field determination was made regarding the sight distance to the south from this location should the rock outcropping be removed. The sight distance to the south in this instance would be 180 feet, still less than required by some 40 feet. The sight distance requirements of the Uniform Design Manual will be very difficult, if not impossible, to meet within the confines of the parcel's present boundaries. 10 Reconstruction of the intersection at Hualalai Road and Queen Kaahumanu Highway at its present location would probably not gain the required sight distance. The best viable option for maximizing available sight distance would be to move the proposed driveway location to the northern boundary of the subject parcel, remove the rock outcropping which creates the sight obstruction and to provide a precautionary sign warning north bound motorists of the driveway's presence." (See Exhibit L - Sight Distance Analysis.) ADDITIONAL AGENCY COMMENTS 40. Department of Public Works (DPW): We would recommend that any approval recommendation include a condition requiring adequate sight distance e.g.: 'Driveway access to the parcel must meet with DPW approval and sight distances must meet with the standards contained in the Hawaii Statewide Uniform Design Manual."' 11 A• Ts ~~.a~..~s: "'ate 1~1?'~. :f: ~~r 7~ C or s ` I t C 1"d .wu rw• r 1 g .r• o as ~ 1 r{ { n t i , I i U f, G' t I Y t gC f~ y ' j I c o o; ~~1 c r C 1 Ito ,o f • e i I o i a, F t ti +11 : f a ' I 1 ~ Ir Nj, I ' r o t]« c' Ilia i'Jj fit t 1 t• Lc'e }Jto r t 0 M 4 , ` I Exhibit A - Location Map R-588 STATE OF HAWAII = BUREAU OF CONVEYANCES t RECORDED t I OCT 14, 1994 t 09:22 AM t Doc No(s) 94-158952 r t i j /s/ S. FURUKAWA r REGISTRAR OF CONVEYANCE S r : t LAND COURT r RPArR.AR SYSTPN AFTER RECORDATION, RETURN BYt MAIL ( X ) PICx UP ( ) Steven S. C. Lim, Esq. Carlsmith Ball Wichman Murray Case i Ichiki 121 Waianuenue Avenue Hilo, Hawaii 96720 Affects Tax Map Rey: (3) 7-5-17:20 MUTUAL. R£S ISSION AND RELEASE This Mutual Rescission and Release Agreement Kh ("Agreement") is'entered into this c27 day of 1994, by and between HARRY H. HASEGAWA and DAISY T. HASEGAWA, husband and wife, as Grantee, under that certain Warranty Deed dated October 9, 1992, recorded in the Bureau of Conveyances of the state o` Hawaii as Document No. 92-166919, and as successors in interest thereunder to INTER-ISLAND RESORTS, Exhibit B - Mutual Rescission and Release Agreement LTD., a Hawaii corporation, Assignor/Lessor under that certain Assignment of Leases dated August 17, 1961, recorded in the Bureau of Conveyances of the State of Hawaii in Liber 4237 at Page 446, and THE WATER COMMISSION OF THE COUNTY OF HAWAII, successor in interest to THE BOARD OF WATER SUPPLY OF THE COUNTY OF HAWAII, Assignee/Lessee under said Assignment of Leases. In consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other valuable consideration and the covenants hereinafter set forth, the parties agree and covenant as follows: 1. That certain document, referenced and incorporated herein, a true and correct copy of which is attached hereto as Exhibit "A", is rescinded, and all of the rights, duties, claims and obligations of each party established therein is hereby extinguished and of no further force and effect. 2. The parties each do hereby forever remise, release and discharge the other, and all servants and employees of each, and all persons, firms and corporations having any interest or connection with each, of all claims and demands of every kind and nature whatsoever, whether now known or unknown, which each may have against the other by reason of, or arising out of, any act of omission by either in the course, conduct and performance of said contract. 3. In consideration of these covenants and of other valuable consideration, it is further agreed that this Agreement expresses a full and complete settlement of any debts, obligations or liabilities claimed by each as against the other with respect to the terms and provisions of said contract. IN WITNESS WHEREOF, the parties have executed this Agreement, intending it to be effective the day and date first above written. HARRY HASEGAWA DAI . HASEGA WATER COMMISSION OF THE COUNTY OF HAWAII, Successor in Interest to THE.BOARD OF WATER SUPPLY OF THE COUNTY OF HAWAII / By SIDNEY LEE Its Chairman ATTEST: H. WILLI SEWARE Manager A OV•D AS TO FORM AND LEGALITY: Deputy Co poration Cou el County of Hawaii Dated: STATE OF HAWAII ) SS. COUNTY OF HAWAII r ) On this day of 1994, before me personally appeared HARRY H. HASEGAWA$ to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. No a Public, State of Hawaii My commission expires: STATE OF HAWAII ) SS. COUNTY OF HAWAII On this day of ~~SP!E'~~ 1994, before me personally appeared DAISY T. HASEGAWA, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Nota Oublic, State of Hawaii 1~ My commission expires: ~1 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this v2 7 day of 1994, before ne personally appeared Ziidneig C- , to me personally known, who being by m duly sworn, did any that he is the Chairman of the Water Commission of the County of Hawaii, and that the seal affixed to the foregoing instrument is the seal of the Water Commission, and that the instrument was signed and sealed in behalf of the Water Commission by authority of said Water Commission, and said .5;de7 Lc~ acknowledged the instrument to be the ame act and deed of said Commission. tz-A ~ gG..sc-A . Notary Pudic, State of Hawaii My commission expires '71-71q-7 r.. EXHIBIT A f" jf9r;,4237 ~1;3146 ASSIGNMENT OF LEASES THIS ASSIGNMENT OF LEASES by and between INTER-ISLAND RESORTS, LTD., a Hawaii corporation, hereinafter called ASSIGNOR, and the BOARD OF WATER SUPPLY OF THE COUNTY OF HAWAII, hereinafter called ASSIGNEE, W I T N E S S E T H: That the Assignor, for and in consideratio?, of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to It paid by the Assignee, receipt of which is hereby acknowledged, and the covenants and agreements of the Assignee hereinafter contained and on Its part to be faithfully kept and performed, does hereby sell, assign, transfer, set over and deliver unto the said Assignee, its successors and assigns, all of its right, title and Interest in and to the following leases: (1') That certain Lease dated the 29th day of June, 1928, by and between Manuel Gomes, as Lessor, and Inter-Island Steam Navigation Company, Limited, as Lessee, recorded In the Bureau of Conveyances of the State of Hawaii at Liber 953, Page which Lease was assigned to the Assignor by Inter-Island Steam Havlgatlon Company, Limited by Assignment of Lease dated the 19th day of March, 1954• (2) That certain unrecorded Lease dated the 18th day of September, 1950, by and between Manuel Gomes, as Lessor, and Inter-Island Resorts, Ltd., as Lessee, which Lease demises the following described property: That certain piece or parcel of land, being a portion of L.C. Aw. 387, Walaha lat., North Kona, Hawaii, State of Hawaii, more parti- cularly described as follows: 1. Beginning at a pipe at the Southeast corner of this lot, the coordinates of point of beginnlr referred to Government Triangulation Station KAHELO" being 4,047.3 feet North and „ 2,929,6 feet Past, thence running by true azimuths and distances, !G\71 1. 57' 17' 108.03 feet along stonewall, along the remainder of L. C. Aw. 387, `p to a pipe, 2. 146' 26' 30" 47.43 feet along wire fence on the East side of Kailua-Holualoa Road, to a pipe, 3. 138° 57' 30" 33.09 fees along wire fence on the East aide of Kailua-Holualoa Road, to a pipe, 4. 256' 15' 30" 84.75 feet along Puas 3rd., Grant 2120, to angle in stonewall, 5• 258' 54' 30" 50.00 feet along stonewall, along Puaa 3rd., Grant 2120, to an iron pin, 6. 335' 38' 85,10 feet along stonewall, along the remainder of L. C. Aw. 387, to the point of begin- n1ng, containing an area of 0.288 acre. To HAVE AND TO HOLD the said leases, together with all improvements, rights, easements, privileges and appurtenances thereunder belonging unto the said Assignee for and during the full unexpired terms of said leases. And the Assignor, for itself, its successors and assigns, hereby covenants and agrees to and with said Assignee that upon the execution of this Assignment of Leases the said leasehold estates are free and clear of all encumbrances. 2. cr And the Assignee does hereby covenant and agree W4W s' to and with the Assignor that it will, effective as of and from the date of the execution and delivery of this N instrument and during the residue of the terms of said leases, pay the rents thereby reserved as and when the same become due and payable pursuant to the terms of said leases, and that it will also faithfully observe and perform all of the covenants and conditions contained in said leases which from and after the date hereof are or ought to be observed and performed by the Lessees and will at all times hereafter indemnify and save the Assignor, its successors and assigns, harmless from and against the nonpayment of the said rents and the nonobservance of the covenants and conditions in said leases. And the parties hereby further agree as followas 1. The effective date of this Assignment shall be the day of 1961. 2. Assignor shall be responsible for all lease rentals falling due prior to the effective date of this Assignment, and Assignee shall be responsible for all lease rentals falling due after said effective date. 3. Real property taxes, if any, shall be prorated as of July 1, 1961. 3. plOF th Parties hereto have caused r the day IN WI'TOSS du Md.ly executed as of the be ~ these Presents to t 1.61• or lg_xsLAND ggsORTS, VP* a J' V• e G.~V•.^M.."r•" Dy a L.s'!./'fi't/•~ a SiAPER Sul'? COP r. . BOAT C013NF( OF HAWAIx i ..s HY tin ,7.' td a '~tt.w FIRST JUDICIAL CIRCUIT p CITY AND COUNTY OF HONOLULU SS: in STATE OF HAWAII On this 110, day of ~r1r~). 1961, Cam'? N before me personally appeared V \?_SSA and to me known, who, being by me duly g ' sworn, did say that they are the GeStAuk and respectively, of INTER-ISLAND RESORTS, LTD., a Hawaii corporation, and that the seal affixed to the foregoing instrument Is the corporate seal of said corporation and that said instrument was signed and sealed In behalf of said corporation by authority of its Board of Directors, and said ~b::3) .(IbA le . and C~.1, My_ severally acknowledged said inatru- ment to be the free act and deed of said corporation. G~ K . l!J U~ r Nota.ry Public, re J c a Circuit, State of Hawai r My Commission expires ~QV• ~lj ,~11.a I~• r, THIRD JUDICIAL CIRCUIT COUNTY OF HAWAII SS: STATE OF HAWAII On this tSCI. day of 1961, N before me appeared KENNETH A. WONO, to me personally known, y who, being by me duly sworn, did say that he is the Chairman of the BOARD OF WATER SUPPLY OF THE COUNTY OF HAWAII, and C-n that the seal affixed to said instrument is the seal of said BOARD OF WATER SUPPLY OF THE COUNTY OF HAWAII, and that the foregoing Instrument is acknowledged in the name and behalf of the said BOARD OF WATER SUPPLY OF THE COUNTY OF HAWAII, by the said KENNETH A. WONO as its Chairman and said KENNETH A. WONO acknowledges Bald instrument to be the free act and deed of said BOARD OF WATER SUPPLY OF THE COUNTY OF,.HAWAII. VL notary c, Thlrrd"JWTC T Circuit, State of Newaii`. My Commission expires .~'1 ~ CONSENT C~ 1 THE ESTATE OF MANUEL GOMES, DECEASED, hereby d r- consents to the assignment of the leases described herein- after by Inter-Island Resorts, Ltd. to the Board of Water Supply of the County of Hawaii, upon the express condition that all rights of the lessors under said leases against the lessees are reserved, and that this consent ahall not authorize, nor be deemed. to authorize, any further or other assignment: (1) That certain Lease dated the 29th day of June, 1928, by and between Manuel Gomea, as Lessor, and Inter-Island Steam Navigation Company, Limited, as Lessee, recorded in the Bureau of Conveyances of the State of Hawaii at Liber 953, Page 44; which Lease was assigned to the said Inter-Island Resorts, Ltd. by Inter-Island Steam Navigation Company, Limited by Assignment of Lease. dated the 19th day of March, 1954. (2) That certain Lease dated the 18th day of September, 1950, by and between Manuel Gomea, as Lessor, and Inter-Island Resorts, Ltd., as Lessee. IN WITNESS WHEREOF we have executed this consent this day of q,~ , 1961. EST~~A""TE OF MAMEL DOMES, DECEASED (0 1 j aa Maria osie Gomea Hy Joseph Gomes Executors STATE OF HAWA SSr CITY AND COUNTY OF HONOLULU 3 n On this 13th day of September 1961, before me personally appeared MARIA COSIS GOMES, one or the y Executors under the Will and of the Estate of Manuel Gomes, Deceased, to me known to be the person described in and who t~ C.J executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed as such Executor. Notary ublic, rs u c a Circuit, State of HawdiiT My Commission expires Oct, 9, 1963 STATE OF HAWAII Sat COUNTY OF HAWAII On this day of • 19610 before me personally appeared JOSEPH GO eone of the Executors under the Will and of the Estate of Manuel Gomes, Deceased, to me known to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed as such Executor, notary ub c, • h Ju c a, ` ' •-lty Circuit, State of Hawaii: e n My Commission expires r_ fntorod of Reoord AR 2 2 ?762 et O y- o'clock f~ a. end oomparea. 011vor R. Ain Ropistror of Convoyonaoe. DT ~1.~ W nrR • END OF EXHIBIT A I I ~ ~ I~ I I i I~ ~ i~ zq I ~ b It i ' i r % to, I v ~ H 1 O O l F 2 i L x K Exhibit C - Site Plans r r o ~ o i ~ 0 0 T Z ~ T 45, b 1 1 4 1 4 1 t I `I l _ it ti 1 ~I 1 31 n -,y .b R O j•- COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Harr H. Hasegawa and Dais T. Hase awa APPLICANT'S SIGNATURE: MAILING ADDRESS: P. 0. Box 1388, Kailua-Kona, Hawaii 96745 TELEPHONE: (BUS) 329-2794 (HOME) 322-2056 LANDOWNER: Landowner is applicant. LANDOWNER'S SIGNATURE: See above. TAX MAP KEY: (3) 7-5-17:20 LAND AREA: 12,432 s.f. CURRENT STATE LAND USE DISTRICT CLASSIFICATION: agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: urhwn Please send original correspcxrlence to: Steven Lim, Esq./121 Waianuenue Ave./Hilo 967 Please send copses to the applicant. 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. 0400q Exhibit D - State Land Use Boundary Amendment Application PD 2/26/87 APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT Applicants: Harry H. Hasegawa and Daisy T. Hasegawa Tax Map Rey No.: (3) 7-5-17:20 Waiaha 1st, District of North Rona Island and County of Hawaii 1. General Background. a. Annlicants' Interest in the Prnnerty. Applicants Harry H. Hasegawa and Daisy T. Hasegawa are the fee simple owners of the subject property situate at Waiaha 1st, District of North Kona, Island and County of Hawaii, more particularly described as tax map key parcel: (3) 7-5-17:20. 5r,a, Warranty Deed attached as Exhibit 1. b. Applications Submitted and Approvals Reau d. 1. State Land Ts So+ndar.y Amendment (subject application). The applicants are seeking a State Land Use Boundary Amendment for the approximately 12,432 square foot/ 0.285 acre subject property from the Agricultural District to the Urban District, pursuant to Section 205-3.1(c), Hawaii Revised Statutes, as amended. 2. Change of zone (separate application). The applicants are concurrently filing a separate application for the subject property, seeking a Change of Zone an Unplanned (U) designation to a Village Commercial (CV-10) designation. C. Location and L.eQa1_ Description of the Property. The subject property is located approximately one mile south of the Palani Road/Queen Kaahumanu Highway intersection, is bounded on its eastern perimeter by the Hawaii Belt Road (or Queen Kaahumanu Highway), is bounded on its western perimeter by the Kailua-Holualoa Road (or Hualalai Road), and is located outside of the Special Management Area of the County of Hawaii. &,e, Location/Zoning map attached as Exhibit 2 and Tax Map attached as Exhibit 3. The subject property is a portion of R. P. 1930 to Asa Thurston, L. C. Aw. 387, Part 4, Section 2, No. 3 to the American Board of Commissioners for Foreign Missions. 5€e, Exhibit 1. d. Proposed Development and Reasons for Requested Change of Zone. The applicants plan to develop the property primarily for condominium office uses to initially include, without limitation, the applicants' real estate office. The number and size of the project's condominium spaces will be variable in order to provide each unit owner maximum flexibility for design and future expansion. Due to the anticipated growth and related market demand for large-scale commercial office space in the Kailua-Kona region, the applicants believe that this project will provide a feasible market-level alternative for commercial users. The project will be located within proximity to government services and utilities and will be compatible with existing uses in the area and the overall growth of the region. e. Technical Data regarding the Property. 1. Site Characteristics. The subject property is approximately 12,432 square feet in area, and has an eastern perimeter frontage of approximately 85.10 square feet along the Hawaii Belt Road and a western perimeter frontage of approximately 97.43 feet along the Kailua-Holualoa Road. The property has an elevation of approximately 700 feet. Its terrain is generally level, with no significant slopes, and is currently vacant of any structures. The soils on the property are within the "Waiaha Series", according to the U.S. Department Soil Conservation Service Soils Survey of the Island of Hawaii. The Waiaha Series consists of shallow, well-drained silt loams that form in volcanic ash, with most areas being extremely stony. The property is located on the leeward side of the Island of Hawaii which is characterized by a dry and hot climate. Annual rainfall in the area ranges from 30 to 40 inches. 2. Flora and Fauna. The subject property is an unimproved parcel of land, with no structures currently on-site. The property had formerly been partially cleared, developed and leased as a water tank site from 1928 to 1988. Existing flora and fauna on the property are typical of species found elsewhere in the region, with vegetation dominated by non-native plants. Native vegetation was likely removed from the property during its use as a water 2 tank site. There are no known rare of endangered plant life or animal species on the property or in its immediate vicinity. 3. Archaeology. According to the records on file with the Hawaii County Planning Department, there are no known historical sites of significance on the property as listed on the State or National Register of Historic Places. 4. nrainage/Tsunami HA.ard. There are no -significant drainageways crossing the subject property. According to the U. S. Corps of Engineers Flood Insurance Rate Maps (FIRM) on file with the Hawaii County Department of Public Works, the flood designation for the property is "X", indicating that it is located outside of the 500-year flood plain. The FIRM also indicate that it is located outside of the tsunami inundation area. 5. Water Service. Water service is available to the proposed office building via connection to the eight- inch County waterline extending along the Kailua-Holualoa Road. 6. Sewage Di spoaat . Sewage will be disposed of via a cesspool or an individual wastewater treatment system as determined by the State Department of Health. 7. Access. Access to the property can be taken off of the Kailua-Holualoa Road, which is a County maintained roadway with an irregular paved surface width fronting the property of approximately 20 feet and a roadway right-of-way of approximately 40.39 feet. The State Department of Transportation advises that access to the property cannot be taken off of the Hawaii Belt Road. 8. Electrical and Telephone Service. Electrical and telephone service is available to the subject property. 9. Poling and Fire Protection. The Kealakehe Police Station is located approximately three miles from the project site, and the Kailua-Rona Fire Station is approximately one mile from the project site. 3 II. Consistent with the General Plan. a. LUPAG Man nesigna lon: The subject property is situated in an area designated for "urban expansion" on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Commercial uses are permitted within this LUPAG Map designation. b. Goals. Policies and Standards. The requested Change of Zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: Economic coals: The County of Hawaii shall strive for diversity and stability in its economic system. The County shall provide an economic environment i which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies: The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. An active liaison between the County and the private sector should be encouraged with respect to the County's requirements for establishing business on the island. D;ar9`_n: As mentioned earlier, anticipated demand for commercial office space in Kailua-Rona makes this project feasible and particularly attractive to those commercial users who are looking for office space outside of the urban core. Meanwhile, the project's proximity to public utilities and government services make it compatible with anticipated growth and urban expansion of the region. 4 Environmental Q +al i .y roal: Maintain and, if feasible, improve the existing environmental quality of the island. lice: The County of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and in the future. Standard: Pollution shall be prevented, abated, and controlled at levels which will protect and preserve the public health and well-being, through the enforcement of appropriate Federal, State and County standards. Discussion: The applicants will install a cesspool or private wastewater treatment system as determined by the State Department of Health to service the proposed office building. The applicants will also abide by all applicable State and County air quality and noise level control standards during the pre-construction and construction phases of the project. Flood Control and nrainage Goals: Prevent damage to man-made improvements. Reduce surface water and sediment runoff. Policy: All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: Flood Insurance Rate Maps (FIRM) indicate that the project site is located outside of the 500-year flood plain and outside of the tsunami inundation area. There are also no significant drainageways crossing the site. While surface water flow does not appear problematic on the subject property; the applicants will abide by all applicable County guidelines for any run-off generated by the development. Historic Sites Goals: Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. 5 Access to significant historic sites, buildings and objects of public interest should be. made available. Policy: Public access to significant historic sites and objects shall be acquired. -Discussion: As stated earlier, no known historic sites of significance as listed on the State or National Registers of Historic Places are on file for the subject property at the County Planning Department. Natural S a +uty CJQAJ: Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. Pow: Standard criteria for natural and scenic beauty shall be developed as part of design plans. nis uasion: The applicants will coordinate with the County on all applicable landscaping guidelines to ensure that the project site is compatible with its surrounding environment. Land Llae - General C:oa : Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies: Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Incorporate innovations such as the "zone of mix" and "mixed use zones" into the Zoning Code. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 6 Standard: Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion: As mentioned earlier, the applicants' concurrent rezoning request conforms with the General Plan Land Use Pattern Allocation Guide (LUPAG) map which classifies the area for "urban expansion" and allows for commercial uses. The applicants' State Land Use urban boundary request herein also conforms with the LUPAG map, since the subject land is not being used for any major agricultural activity. The project site is also consistent with the LUPAG's "urban expansion" designation given its proximity to the trade and employment center of Kailua-Rona and its proximity to utilities and public services adequate for the support of urban activities. Land Use - Commercial De . 1 room, 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: 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. Standard: Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. off-street parking and loading facilities shall be provided. 7 Preference shall be given to commercial lands with a reasonably level topography. Discussion: The proposed project meets all of the foregoing standards. The project site is generally level with no significant slopes. It is bounded on its eastern perimeter by the State-maintained Hawaii Belt Road and on its western .:perimeter by the County-maintained Kailua-Holualoa Road, with access to be taken off of the later. Off-street parking - consisting of twenty-four stalls, with areas for loading and internal traffic circulation, have been designed. Electrical, telephone and County water service are available to the site. Wastewater will be disposed of via a cesspool or private on- site treatment system as determined by the state Department of Health. III. Consistency with Hawaii County Code The proposed project also complies with provisions contained in Chapter 25, "Zoning", specifically, Article 14, "CV, Village Commercial Districts", of the Hawaii County Code 1983, as amended. Section 25-198: Purpose and applicability. The CV (village commercial district) applies to areas that allow a broad range or variety of commercial and related uses that are necessary to serve a somewhat isolated residential or working population where the supplementary support of the general business uses and activities of a central commercial district is not readily available. (The project site meets these criteria.) Section 25-200: Permitted uses. (The applicant will abide by provisions of this section.) Section 25-201: Height limits. The height limit in CV districts shall be thirty feet. (The median height of the proposed building is approximately 30 feet.) 8 Section 25-2Q2: Minimum building site area. The minimum building site area in CV areas shall be seven thousand five hundred square feet. (The subject parcel is 12,432 square feet.) section 25-201: Minimum building site average width. The minimum building site average width in CV districts shall be sixty feet. (The average width of the subject parcel is 107.5 feet.) Section 25-204: Minimum yards. (a) The minimum yards in CV districts shall be as follows: (1) Front or rear yards: fifteen-feet. (2) Side yards: none, except as required by plan approval. (The proposed project's front yard is 45 feet and rear yard is 15 feet.) Section 25-205: Other regulations. Plan approval is required of all structures and uses in CV districts. (The applicant will abide by said provision.) IV. Consistency with h State and t -w. Hawaii R viand Statutes Chapter 205and the Land is o mission Rules- Title 15, Chapter 15 The proposed project also complies with provisions contained in Section 205-17, "Land use commission decision making criteria"," of the Hawaii Revised Statutes, as amended, and in Section 15-15-18, "Standards for determining "U" urban district boundaries", of the Land Use Commission Rules, as amended: HRS: Section 05-1701 The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawaii state plan and the adopted functional plans. 9 LU : S ion 15-19-18(4). In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban area shall be given more consideration than non- contiguous land, and particularly when indicated for future urban use on state or county general plans. t.i_: S.c_ion 75- 5_18/51 It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans. Discussion: The project site conforms with-the foregoing standards since it is located in an area designated for "urban expansion" in the Hawaii County General Plan. The subject reclassification also conforms to the Hawaii State Plan in that it proposes to "encourage urban developments in close proximity to existing services and facilities". HRS: Section 205-17(2) The extent to which the proposed reclassification conforms to the applicable district standards. tai : Section 15_75-15(11 It shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. mir! Section 15-15-15(21 It shall take into consideration the following specific factors: (A) Proximity to centers of trading and employment except where the development would generate new centers of trading and employment; (8) Substantiation of economic feasibility by the petitioner; (C) Proximity to basic services such as sanitation, schools, parks, and police and fire protection; and (D) Sufficient reserve areas for urban growth in appropriate locations based on a ten year projection. 10 Discussion: The project site meets the foregoing standards, given its proximity to the urban core in Kailua-Rona, its access to utilities, public services and County- and State- :iaintained roadways, and its location within an area designated for "urban expansion" in the District of North Kona. I3~RS_, Section 05-17(i) The impact of the proposed reclassification on the following areas of state concern: (A) Preservation or maintenance of important natural systems or habitats; (B) Maintenance of valued cultural, historical, or natural resources; (C) Maintenance of other natural resources relevant to Hawaii's economy, including, but not limited to, agricultural resources; (D) Commitment of state funds and resources; (E) Provision for employment opportunities and economic development; and (F) Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups. TIM! Section IS-15-18(3) it shall include land with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami, unstable soil conditions, and other adverse environmental effects. Discussion: The proposed project also complies with the foregoing standards. The applicants will install a cesspool or private on-site wastewater treatment system as determined by the State Department of Health to help protect the surrounding ecosystem. No known historical sites of significance are located on the subject property, so none will be disturbed. No major agricultural activity is being conducted on-site, so no such resources will be undermined. The subject property is located outside the 500-year flood plain and tsunami inundation area, it is generally level with no drainage ways traversing it, and its soil is of the "Waiaha Series" consisting of well- drained silt loams, making for a stable project site. The Kailua-Holualoa Road is already on the inventory of County- maintained roadways, and the Hawaii Belt Road is similarly on 11 Y the inventory of State-maintained roadways, so no additional government resources will be required to support the project. Lastly, the proposed project seeks to provide commercial office space uutside of the urban core of Kailua-Rona, thereby contributing to expanded economic development in the North Rona district. V. Location/ZoningMap. Tax Map. and S' Plan A Location/Zoning Map is attached as Exhibit 2, a Tax Map as Exhibit 3, and a Site Plan as Exhibit 4. Full-sized copies of the Location/Zoning map and the site Plan (two feet by three feet) are also being submitted in conjunction with this application. VI. Mates and Bounds D a ption of the P operty. A metes and bounds description of the property is attached as Exhibit 5. 12 r APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: HARRY H. HASEGAWA and DAIS T. HASEGAWA APPLICANT'S SIGNATURE: DATE: 6111-19L- ADDRESS: P. 0. Box 13 Kailua-Kon , Hawaii 96745 LIST APPLICANT'S INTEREST IF NOT OWNER LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS Wh A~sv T 1JPrst:d-AwA -aW~ TELEPHONE-BUSINESS: 329-2794 RESIDENCE: 322-2056 REQUEST: Un lanned (U) TO Villa a Commercial CV-10 Existing zoning Propose zoning TAX MAP KEY: (3) 7-5-17:20 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 12,432 s.f. LANDOWNER(S): LandnwnPr is appliranft OWNER'S SIGNATURE (see above) DATE: (May be by letter) AGENT: Steven S_ Lim ADDRESS: c/o Carlsmith Ball Wichman Murray Case and Ichiki 121 Waianuenue Avenue Hilo, Hawaii 96720 TELEPHONE-BUSINESS: 935-6644 RESIDENCE: Please indicate to whom original correspondence and copies should be sent. ORIGINAL Steven Lim, Esa. COPIES Harry and Daisy Hasegawa (See Instructions in Back) Exhibit E - Change of Zone Application 1 THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY: 1. 20 copies of the completed application form. 2. 20 copies of a )ocation map. 3. 20 copies of a site plan drawn to scale with existin and f~r_op os~~ed uses (e.g., structures, topography, propose suion). 20 copies of a detailed written explanation of the reasons for requesting tie c=ange of zone. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if applicable) of the General Plan document. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department.) 5. 20 copies of supporting information/documents (i.e., marketing analysis, traffic impact analysis report, archaeological inventory survey, preliminary drainage study, floral and faunal surveys). 6. 20 copies of appropriate Departmental Zoning Questionnaire. 7. $100.00 processing fee. 8. One copy of full-size (2' x 31) site plan drawn to scale for presentation purposes. Site plan must include property lines, existing/proposed structures and uses and reference points such as roadways, shoreline, etc. 9. Legal description of the property in map and written form by metes and bounds as certified by a surveyor. 10. List of tax map keys of surrounding property within 300 feet of the entire property boundaries. It is the applicant's responsibility to obtain the most recent list of landowners/long-term lessees from the Real Property Tax office upon being notified of the public hearing. The submittal of an incomplete application will delay official acceptance by the Department. Furthermore, additional information may be requested by consulted agencies through the Department during the course of the review process. P.D. 5/91 1730q -2- r APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII FLANNING DEPARTMENT Applicants: Harry H. Hasegawa and Daisy T. Hasegawa Tax Map Key No.: (3) 7-5-17:20 Waiaha 1st, District of North Kona Island and County of Hawaii I. General Rackarnund. a. Applicants' Interest in the n (lperty. Applicants Harry H. Hasegawa and Daisy T. Hasegawa are the fee simple owners of the subject property situate at Waiaha 1st, District of North Kona, Island and County of Hawaii, more particularly described as tax map key parcel: (3) 7-5-17:20. ,9e,8, Warranty Deed attached as Exhibit 1. b. Applications Submitted and App ovar y s Requested. 1. Change of Zone (subject application). The applicants are seeking a Change of Zone for the subject property from an Unplanned (U) designation to a Village Commercial (CV-10) designation. 2. State Land Use Boundary Amendment (separate application). The applicants are concurrently filing a separate application for the subject property, seeking a State Land Use Boundary Amendment from the Agricultural District to the Urban District. C. Location and L•eQal Dsription of the P nnerty. The subject property is located approximately one mile south of the Palani Road/Queen Kaahumanu Highway intersection, is bounded on its eastern perimeter by the Hawaii Belt Road (or Queen Kaahumanu Highway), is bounded on its western perimeter by the Kailua-Holualoa Road (or Hualalai Road), and is located outside of the Special Management Area of the County of Hawaii. ,9=, Location/Zoning map attached as Exhibit 2 and Tax map attached as Exhibit 3. The subject property is a portion of R. P. 1930 to Asa Thurston, L. C. Aw. 387, Part 4, Section 2, No. 3 to the American Board of Commissioners for Foreign Missions. Sg, Exhibit 1. r d. Proposed D v lopment and ReaAQn o Re +es A' rh=anae of 7one. The applicants plan to develop the property primarily for condominium office uses to initially include, without limitation, the applicants' real estate office. The number and size of the project's condominium spaces will be variable in order to provide each unit owner maximum flexibility for design and future expansion. Due to the anticipated growth and related market demand for large-scale commercial office space in the Kailua-Kona region, the applicants believe that this project will provide a feasible market-level alternative for commercial users. The project will be located within proximity to government services and utilities and will be compatible with existing uses in the area and the overall growth of the region. e. Technical Da.a regarding. the ProlDerty- 1. Site Characte ;sting, The subject property is approximately 12,432 square feet in area, and has an eastern perimeter frontage of approximately 85.10 square feet along the Hawaii Belt Road and a western perimeter frontage of approximately 97.43 feet along the Kailua-Holualoa Road. The property has an elevation of approximately 700 feet. Its terrain is generally level, with no significant slopes, and is currently vacant of any structures. The soils on the property are within the "Waiaha Series", according to the U.S. Department Soil Conservation Service Soils Survey of the Island of Hawaii. The Waiaha Series consists of shallow, well-drained silt loams that form in volcanic ash, with most areas being extremely stony. The property is located on the leeward side of the Island of Hawaii which is characterized by a dry and hot climate. Annual rainfall in the area ranges from 30 to 40 inches. 2. Flora and Fauna. The subject property is an unimproved parcel of land, with no structures currently on-site. The property had formerly been partially cleared, developed and leased as a water tank site from 1928 to 1988. Existing flora and fauna on the property are typical of species found elsewhere in the region, with vegetation dominated by non-native plants. Native vegetation was likely removed from the property during its use as a water 2 F tank site. There are no known rare of endangered plant life or animal species on the property or in its immediate vicinity. 3. Arcnapningy. According to the records on file with the Hawaii County Planning Department, there are no known historical sites of significance on the property as listed on the State or National Register of Historic Places. 4. Drainaga/Tsunami Hazard. There are no significant drainageways crossing the subject property. According to the U. S. Corps of Engineers Flood Insurance Rate Maps (FIRM) on file with the Hawaii County Department of Public Works, the flood designation for the property is "X", indicating that it is located outside of the 500-year flood plain. The FIRM also indicate that it is located outside of the tsunami inundation area. 5. Water Service. Water service is available to the proposed office building via connection to the eight- inch County waterline extending along the Kailua-Holualoa Road. 6. sewage Disposal. Sewage will be disposed of via a cesspool or an individual wastewater treatment system as determined by the State Department of Health. 7. Ate. Access to the property can be taken off of the Kailua-Holualoa Road, which is a County maintained roadway with an irregular paved surface width fronting the property of approximately 20 feet and a roadway right-of-way of approximately 40.39 feet. The State Department of Transportation advises that access to the property cannot be taken off of the Hawaii Belt Road. 8. Electrical and Telephone Serv Electrical and telephone service is available to the subject property. 9. Police and Fire Protection. The Kealakehe Police Station is located approximately three miles from the project site, and the Kailua-Rona Fire Station is approximately one mile from the project site. 3 II. onsis n y with he GPnnral Plan. a. LUPAG Map Designation. The subject property is situated in an area designated for "urban expansion" on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Commercial uses are ._.permitted within this LUPAG Map designation. b. Goals, Poli i and R ands ds. The requested Change of Zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: Economic Goals: The County of Hawaii shall strive for diversity and stability in its economic system. The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies: The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. An active liaison between the County and the private sector should be encouraged with respect to the County's requirements for establishing business on the island. Discussion: As mentioned earlier, anticipated demand for commercial office space in Kailua-Rona makes this project feasible and particularly attractive to those commercial users who are looking for office space outside of the urban core. Meanwhile, the project's proximity to public utilities and government services make it compatible with anticipated growth and urban expansion of the region. 4 Environmental nnality rZnal: Maintain and, if feasible, impr,-)ve the existing environmental quality of the island. Policy: The County of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and in the future. Standard: Pollution shall be prevented, abated, and controlled at levels which will protect and preserve the public health and well-being, through the enforcement of appropriate Federal, State and County standards. Discussion: The applicants will install a cesspool or private wastewater treatment system as determined by the State Department of Health to service the proposed office building. The applicants will also abide by all applicable State and County air quality and noise level control standards during the pre-construction and construction phases of the project. Flood Control and nrai_naoe CnAls.: Prevent damage to man-made improvements. Reduce surface water and sediment runoff. Policy: All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: Flood Insurance Rate Maps (FIRM) indicate that the project site is located outside of the 500-year flood plain and outside of the tsunami inundation area. There are also no significant drainageways crossing the site. While surface water flow does not appear problematic on the subject property, the applicants will abide by all applicable County guidelines for any run-off generated by the development. Historic Sites Goals: Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. 5 Access to significant historic sites, buildings and objects of public interest should be made available. Policy: Public access to significant historic sites and objects shall be acquired. Discussion: As stated earlier, no known historic sites of significance as listed on the State or National Registers of Historic Places are on file for the subject property at the County Planning Department. Natural B a "ttvv r.nAl: Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. Policy: Standard criteria for natural and scenic beauty shall be developed as part of design plans. D A;on: The applicants will coordinate with the County on all applicable landscaping guidelines to ensure that the project site is compatible with its surrounding environment. Land Use - G n rA1 real: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies: Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public 'utilities and facilities. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Incorporate innovations such as the "zone of mix" and "mixed use zones" into the Zoning Code. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 6 e Standard: Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. -.Discussion: As mentioned earlier, the applicants' rezoning request conforms with the General Plan Land Use Pattern Allocation Guide (LUPAG) map which classifies the area for "urban expansion" and allows for commercial uses. The applicants' concurrent State Land Use urban boundary request also conforms with the LUPAG map, since the subject land is not being used for any major agricultural activity. The project site is also consistent with the LUPAG's "urban expansion" designation given its proximity to the trade and employment center of Kailua-Rona and its proximity to utilities and public services adequate for the support of urban activities. Land Use - Commercial Development teals: 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: 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. Standard: Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. off-street parking and loading facilities shall be provided. 7 Preference shall be given to commercial lands with a reasonably level topography. Dignussion: The proposed project meets all of the foregoing standards. The project site is generally level with no significant slopes. It is bounded on its eastern perimeter by the State-maintained Hawaii Belt Road and on its western •:perimeter by the County-maintained Railua-Holualoa Road, with access to be taken off of the later. Off-street parking consisting of twenty-four stalls, with areas for loading and internal traffic circulation, have been designed. Electrical, telephone and County water service are available to the site. Wastewater will be disposed of via a cesspool or private on- site treatment system as determined by the State Department of Health. III. Consistency with Hawaii County Code The proposed project also complies with provisions contained in Chapter 25, "Zoning", specifically, Article 14, "CV, Village Commercial Districts", of the Hawaii County Code 1983, as amended. Section 25-198: Purpose and applicability. The CV (village commercial district) applies to areas that allow a broad range or variety of commercial and related uses that are necessary to serve a somewhat isolated residential or working population where the supplementary support of the general business uses and activities of a central commercial district is not readily available. (The project site meets these criteria.) Section 25-200: Permitted uses. (The applicant will abide by provisions of this section.) Section 25-201: Height limits. The height limit in CV districts shall be thirty feet. (The median height of the proposed building is approximately 30 feet.) 8 Section 25-202: Minimum building site area. The minimum building site area in CV areas shall be seven thousand five hundred square feet. (The subject parcel is 12,432 square feet.) Section 29-2_U: Minimum building site average width. The minimum building site average width in CV districts shall be sixty feet. (The average width of the subject parcel is 107.5 feet.) Section 25-204: Minimum yards. (a) The minimum yards in CV districts shall be as follows: (1) Front or rear yards: fifteen feet. (2) Side yards: none, except as required by plan approval. (The proposed project's front yard is 45 feet and rear yard is 15 feet.) Section 29-205: Other regulations. Plan approval is required of all structures and uses in CV districts. (The applicant will abide by said provision.) IV. Location./Zoning MaF Tax MaD and Site P1-- A Location/Zoning map is attached as Exhibit 2, a Tax Map as Exhibit 3, and a Site Plan as Exhibit 4. Full-sized copies of the Location/Zoning Map and the Site Plan (two feet by three feet) are also being submitted in conjunction with this application. V. Metes and Sounds D 4 rintion o h P nperty. A metes and bounds description of the property is attached as Exhibit 5. VI. Commercial Zoning Questionnaire. The applicants have completed and attached the Planning Department's Commercial Zoning Questionnaire as Exhibit 6. 9 VII. Properties within 300-Foot Perim r of h P oBe~ty. 7-5-17:007 Joseph and Margaret Gomes :008 75-397A Hualalai Road Kailua-Rona, Hawaii 96740 7-5-10:001 Stanley and Doreen Gomes 75-5815 Queen Kaahumanu Highway Kailua-Kona, Hawaii 96740 7-5-10:003 Pacific-Asia Christian University University of the Nations 75-5851 Kuakini Highway Kailua-Kona, Hawaii 96740 7-5-10:004 DDD Ltd. Partnership No: 2 1291 Zinfandel Lane Saint Helena, California 94574-1653 7-5-10:064 Frank Albert and Annie Anclita Ferren Stanley A. and Doreen P. Gomes c/o 75-367 Hualalai Road Kailua-Rona, Hawaii 96740-9791 10 C Stephen K Yamashiro Mayor Nelson M. T.uji Fia Ch (9IIlI1Tt of ~tflItITT FIRE DEPARTMENT 466 Ki^ook Screw • M1% fb"ii %720.2981 (808) %14297 • F.: (808) %1.6920 July 28, 1994 To: Virginia Goldstein, Planning Director t From: Nelson M. Tsuji, Fire Chief SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 94-11) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 94-16) REQUEST: UNPLANNED TO CV-10 APPLICANTS: HARRY H. AND DAISY T. HASEGAWA TAX MAP KEY• 7-~+- » 0 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. 11(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. 112. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). Exhibit F - Fire Department Memo r7`l l ~ (L) a To: Virginia Goldstein, Planning Director Page 2 July 2.8, 1994 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. i "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall be not less than 20 feet. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance wit:i the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. L To: Virginia Goldstein, Planning Director Page 3 July 28, 1994 "(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. (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 system capable of supplying 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. 8 To: Virginia Goldstein, Planning Director Page 4 July 28, 1994 "(e) Timing 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." I VFire Chief NMT/mo C '0. wNMEE COQ ERN 09 HAWAII . AEITNW ANUE. VI.NnP9RSCN • L,r' iCARO OF NANO ANO NATUAAL AE SG: ACES DEPUTES JOFN P NEFAELER.n N~ti J DONA L. HANAIAE STATE OF HAWAII AOUACU rUAE OEVELOPUENT PROCMM DEPARTMENT OF LAND AND NATURAL RESOURCES i0~rNO ANOOCEAN AECAEATiC REF:OCEA: DKP CONSERVATION ANO P. 0. BOX 621 ENNRONWNTALAi AIRS HONOLULU. HAWAII 96809 CONSERVATION ANO RESOURCESENCORCEmcNr CONVEYANCES MAESTRYANO VALOLIPE HISRC O MANAGEMENT Odd FILE NO.: 95-018 L DOC. M.: 4780 STATE PARKS W"EAMOD ODEVELOPaENT The Honorable Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni street AUG 9 1994 Hilo, Hawaii 96720 Dear Ms. Goldstein: SUBJECT: State Land Use Boundary Amendment (SW 94-11) and Change in Zone Application (REA 94-16): Hasegawa; Waiaha, North Kona, Hawaii; 'K: 7-5-17: 20 We have reviewed the application information for the subject project transmitted by your memorandum dated July 6, 1994, and have the following comments: Division of Jared Mina ement The Division of Land Management (MM) comments that they have reviewed the State Land Use Boundary Amendment and Change of Zone application for the propsed office building at Waiaha, North Kona, Hawaii. DLM has no objections to the change.of zoning from Unplanned (U) to Village Commercial (CV-10). The proposed office building will not impact Department of Land and Natural Resources properties and projects within the Waiaha, North Kona area. Under the new zoning classification this new office building will offer a broad range of commercial and related uses that are necessary to serve a semi-isolated residential working population where the supplementary support of the general business uses and activities of a central commercial district are not readily available. Historic Preservation Division The Historic Preservation Diviyicn (HPD) comments that there is no record of an archaeological survey ever having been undertaken an this piece of land, so they are uncertain if significant historic sites are present. The probability of historic sites would appear to be low based on the statement on Page 2 of the application that "The property had formerly been partially cleared, developed and leased as a watertank site from 1928 to 1988." HPD believes that the proposed action will have "no effect" on historic sites. n0 Q~ti Exhibit G - DLNR Memo M1 } Mr. Taira - 2 - File No.: 95-018 We have no other comments to offer at this time. Thank you for the opportunity to comment on this matter. Please feel free to call Steve Tagawa at our office of Gbnservation and Fhvironmental Affairs, at 587-0377, should you have any questions. Very truly yours, ,am-rll, W. AHUE "ARTMENT OF PUBLIC W 'S COUNTY OF HAWAII HILO. HAWAII DATE Aug. 5, 1999 -0 Plannin ctor =Zt7M Gal uba, Acting Division Chief 17 Engineering Division ZUEUEC': Change of Zone Application (REZ 94-16 ) State Land Use Boundary Amendment (SLU 94-11) Applicant: Harry H. & Daisy T. Hasegawa Location: Waiaha 1st, North Rona, HI TMR: 7-5-17: 20 We have reviewed the subject application and our comments are as follows: BUILDING 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. DRAINAGE 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, Chapter 23, Underground Injection Control (UIC) Administrative Rules, Dept. of Health, prohibit any person from operating; constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Director 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 H - DPW Memo ~L _ 8~ 4 Memo to Planning Director Aug. 5, 1994 Page 2 TRAFFIC 6. Based upon our TIAR guidelines and the parcel's location at a busy intersection, we recommend that a traffic study be performed to help determine what improvements will be required to minimize adverse impacts on the Hualalai Road / Queen Ka'ahumanu Hwy. intersection. Sight distance considerations must be taken into account for any driveway location. TWP:sls cc: Engineering - Hilo Engineering - Kona Planning - Kona DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION HAWAII DISTRICT 50 14AKAALA STREET HILO, HAWAII 96720 - TELEPHONE (808) 933-4640 MIY-H 94-2.0898 FAX (808 933-4738 08/02 19-24 TO: /PLANNING DIRECTOR, COUNTY OF HAWAII STATE TRANSPORTATION PLANNING, DOT. PLANNING HRANCH, HIGHWAYS DIVISION, DOT FROM: DISTRICT ENGINEER - HAWAII HIGHWAYS DIVISION Si-a SUBJECT: SEE ADJOINING PAGE (if shown). Application NO.F£3 174-11, Transmitted as follows: We have no objections to this application. Not applicable to State Highway System. Comments of Letter No. HWY-H dated will stand. ~j+or review and comment to County of Hawaii, Planning. -"With comments shown below. MORE INFORMATION NEEDED Drainage and flood patterns at existing drainage structures on State highway. Drawings showing existing driveways with dimensions. Construction plans (for review and approval). Drainage plans and calculations. Traffic Impact Analysis Report (for review and approval). ACCESS COMMENTS/CONDITIONS: Channelization of access intersection. __Traffic signalization at Street lighting at No vehicle access, 10-ft. planting screen easement other than at access points .Common access driveways for lots No access will be allowed from the State Highway. Highway Improvements required from this application shall be provided at no cost to the State and shall conform to Hawaii Statewide Uniform Design Manual for Streets and Highways and the Specifications for Installation of Miscellaneous Improvements within State Highways. TOTHER COMMENTS/CONDITIONS: No additional storm discharge shall be allowed onto the State's right-of-way:, Metes and bounds discrepancy, contact State Highways. Future highway corridor will affect lots: Show control of access along highway. Shall participate in their prorata share of future highway impacts and improvements. -"Guardrails or all lots (lower ones) that require protection frcm i9hway traffic. pct' E ~l s Lrlcc.-lti.t-s -+11A..t- ?~ua A-%Le, r.+. 0u-1..v ri_Lui..,vn.tt. W t lv4'YC t0 ~ruu ~u.c~/ ABOVE CONDITIONS EFFECTIVE FOR 2 YEARS FROM DATE SHOWN. Contact Person: Robert Taira Exhibit I - DOT Memo State Flighway Project Ho.: ~ it VI/f1 ~I 11 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 25 AUPUNI STREET • HILO. HAWAII 96720 TELEPHONE (806)969.1421 FAX (W81 969 6996 July 12, 1994 Mr. Harry H. Hasegawa P. 0. Box 1388 Kailua-Kona, HI 96745 STATE LAND USE BOUNDARY AMENDMENT (SLU 94-11) CHANGE OF ZONE APPLICATION (REZ 94-16) TAX MAP KEY 7-5-17:20 Y 1 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 8-inch waterline along Hualalai Road 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 required: 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 determination. 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 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. Should there be any questions, please call our Water Resources and Planning Section. A H. William Se4ake"Manager WA Attm. copy - Planning Department (w/o attm.) Exhibit J - DWS Memo ( c? L7 j I W4,02 Reid Associates inc. 15,0. Box 1686 - KuIUA•KONA, HAWAII - 96745 TELEPHONE: (808) 329.8266 - FAx: (808) 326.7767 IN HAWAII: 1-(800)•634-3247 TRAFFIC ANALYSIS FOR PROPOSED BUILDING ATTMK-(3)7-5-17:20 TO BE CONSTRUCTED BY HARRY HASEGAWA TABLE OF CONTENTS INTRODUCTION AND BACKGROUND .................................1 TRAFFIC COUNT/PROJECTION SUMMARY 2 TRIP GENERATION - PEAK MORNING 3 TRIP GENERATION - PEAK AFTERNOON 4 TRAFFIC MOVEMENTS Peak Morning Traffic Before Project 5 Peak Afternoon Traffic Before Project 6 APPENDIX A Level of Service Planners, Surveyors, Civil and Sanitary Engineers - Regional Office in Hilo. Hawaii - Exhibit K - Traffic Analysis s TRAFFIC ANALYSIS FOR PROPOSED BUILDING AT TMK:(3)7-5-17:20 TO BE CONSTRUCTED BY HARRY HASEGAWA The proposed building will be at the comer of Queen Kaahumanu Highway and Hualalai Road. Since Queen Kaahumanu Highway is a limited access highway, ingress and egress from the parking lot for the building will be from and onto Hualalai Road. The proposed building will be a 3 level structure. The bottom level will be almost totally for vehicle parking, 15 parking spaces. The middle level will be approximately 3,000 square feet of leased office space with approximately 500 square feet of hall, stairway, and bathroom. The top level will be essentially the same as the middle level. The total square feet is approximately 7,000. Manual traffic counting was done during March, 1994 at the intersection of Queen Kaahumanu Highway and Hualalal Road. This work was done in preparation for the "Pualani Estates Subdivision Intersection Traffic Study% a report completed by Reid & Associates Inc, on April 16, 1994. The traffic counting revealed a peak morning traffic load on Hualalai Road of: 124 vehicles/hour proceeding N.W. 47 vehicles/hour proceeding S.E. The peak afternoon traffic load on Hualalai Road is: 120 vehicles/hour proceeding N.W. 95 vehicles/hour proceeding S.E. The construction of this proposed building should increase the traffic load on Hualalai Road. The projected changes in the traffic load at the intersection of Queen Kaahumanu Highway and Hualalai Road can be seen on the following table. I of 4 z PEAK PEAK A.M. P.M, Before After Before After Project Project Project Project N.W. on Hualalai Road 124 138 120 122 S.E. on Hualalai Road 47 48 93* 102 S. on Queen Kaahumanu Hwy. 619 620 916 924 From Intersection S. on Queen Kaahumanu Hwy. 575 575 848 848 Toward Intersection N. on Queen Kaahumanu Hwy. 814 828 790 792 Toward Intersection N. on Queen Kaahumanu Hwy. 693 693 695 696 From Intersection •Pualani Estates Subdivision Intersection Trattic Study Reported "W. 2of4 PEAK MORNING TRAFFIC GENERATION The new Building will generate: 3.2 (Trips Per Hour/1°)00 Square Feet of Floor Space)* x 7 (Thousands of Souare Feet of Floor Space) 22.4 Trips Per Hour This is: 89%** (20 Trips) Entering 11 ( 2 Trips) Exiting The traffic on Hualalai Road is 72%*** toward the NW and 28%*** toward the SE, therefore, The traffic entering is: 14 Right Turns and 6 Left Turns In like manner, the traffic exiting Is: 1 Right Turn and 1 Left Turn • P. 942 (Table 4) of 'trip Generation' (5th Edition - 1991) by Institute of Traffic Engineers of Washington, D. C. P. 944 or P. 945 (Graph 710) of 'Trip Generation' (5th Edition - 1991) by Institute of Traffic Engineers of Washington, D. C. 'Pualani Estates Subdivision Intersection Traffic Study'; April 16, 1994 by Reid & Associates Inc. of Kailua-Kona. Hawaii. 3 of 4 PEAK AFTERNOON TRAFFIC GENERATION The new Building will generate: 3.4 (Trips Per Hour/1000 Square Feet of Floor Space)* x 7 (Thousands of Square Feet of Floor Space) 23.8 Trips Per Hour This is: 17%** ( 4 Trips) Entering 83%** (20 Trips) Exiting The traffic on Hualalai Road is 58%*** toward the NW and 44%*** toward the SE, therefore, The traffic entering is: 2 Right Turns and 2 Left Turns In like manner, the traffic exiting is: 11 Right Turns and 9 Left Turns * P. 942 (cable 4) of 'rip Generation' (5th Edition - 1991) by Institute of Traffic Engineers of Washington, D. C. P. 946 or P. 947 (Graph 710) of ?rip Generation' (5th Edition - 1991) by Institute of Traffic Engineers of Washington. D. C. 'Pualani Estates Subdivision Intersection Traffic Study'; April 16. 1994 by Reid & Associates Inc. of Kailua-Kona. Hawaii. 4of4 a LEVEL-OF-SERVICE CRITERIA FOR UNSIGNALIZED INTERSEC71ONS RESERVE CAPACITY LEVEL OF EXPECTED DELAY TO (PCPH) SERVICE MINOR STREET TRAFFIC Z 400 A Little or no delay 300-399 8 Short traffic delays 200-299 C Average traffic delays 100-199 D Long traffic delays 0- 99 E Very long traffic delays F • When demand volume exceeds the capacity of the lane, extreme delays wig be encountered with queuing which may cause severe congestion affecting other traffic movements in the intersection. This condition usually warrants improvement to the intersection. s 0 0 t' QUMMN KAAHUMAHU "IGH /AY w 124 0 „ w m s n 0 4S ovi t~ 4 ?`t. Ir i 0 L 9 Q QUEEN aAANUMAIKU HIGHWAY sse 102 6 o ~ 0 830 al +s 06 OHO a O `n 'T O + 2 = C C C C w m m 3 m w 3w m~ ~ o a O :v :31 r c Z o z (a co o 0 o x Q O pc pQ pc o g m m C C C C S q a a a a 3G Z j r, g7 6 cc r m co co sT D D D D D D m m v v D D D D D D v m p O m a D TO 961%ls P.02 Reid & Associates Inc. P.O. Box 1686 - KAILUA-KONA. HAWAII.96745 TELEPHONE: (8031329.8266 •FAx:(808)326.7767 W HAWAW 1-(600)-6343247 SIGHT DISTANCE ANALYSIS FOR PROPOSED BUMDING AT TMK (3)7-5-17:20 TO BE CONSTRUCTED BY HARRY HASEGAWA A sight distance analysis was performed by Reid & Associates for a private driveway servicing a proposed office building near the northern makai corner of Queen Kaahumanu Highway and Huaialai Road. This analysis was to ascertain, for the proposed driveway entrance location, the existing sight distances along Hualalai Road along the parcel's southern boundary and to also determine if a more favorable location for the proposed driveway exists. In that Queen Kaahumanu Highway is a limited access highway, a driveway entrance onto the Highway was not examined. This analysis consisted of field survey measurement of sight distances from points along the parcel's Hualalal Road frontage. The analysis was performed in conformance to the Hawaii Statewide Uniform Design Manual For Straets and Highways . The assumed speed of traffic utilized for the analysis was taken to be 30 miles per hour which is S miles per hour above the posted speed limit along this stretch of Hualalai Road. The findings of this analysis are reported below. The parcel lies adjacent to the northwest corner of the intersection of Queen Kaahumanu Highway and Hualalai Road. The posted speed limit along HualaW Road is 25 miles per hour. The intersection forms a curve at it's northwest comer of approximate 170 degrees. Exhibit L - Sight Distance Analysis zRCN DPW ENGiNEE=r, !NG-KONA r0 9619615 P. 03 J Traffic is directed from the southbound lanes of Queen Kaahumanu Highway through this curve onto the northbound lane of Hualalai Road. The speed limit through this right-hand turn is also posted at 25 miles per hour. The proposed location of the driveway, along the southern boundary of the parcel, will be within 15 feet of this curve's curb return radii and therefore would not be in conformance with Section 5-09.2 of the Uniform Design Manual, which requires a minimum of 15 feet clear. In addition, the sight distance from the center of the proposed driveway location looking south (left when exiting the proposed driveway) is on the order of 15 feet. This condition is due to a rock outcropping located along the southern boundary of the parcel which protrudes from the hillside towards the north-bound lane of Hualalai Road and creates a sight obstruction. Table 4.2 of the Uniform Design Manual, adjusted for grade, requires a minimum stopping sight distance of 220 feet. . The sight distance along Hualalai Road to the north (looking right while exiting the proposed driveway) is 815 feet; this far exceeds the 220 feet required by the Uniform Design Manual. Due to the extremely short sight distance available from the southern side of the parcel, an alternative driveway location furthest from the above mentioned rock outcropping along the northern boundary of the parcel was also analyzed. Observations taken from the center of a proposed driveway at this location yield a sight distance of 140 fat to the south (left when exiting) and 680 feet to the north (right when exiting). The sight distance to the south remains over 80 feet less than what is required by the Uniform Design Manual. A field determination was made regarding the sight distance to the south from this location should the rock outcropping be removed. The sight distance to the south in this instance would be 180 feet, still less than required by some 40 feet. The sight distance requirements of the Uniform Design Manual will be very difficult, if not Impossible, to meet within the confines of the parcel's present boundaries. Reconstruction of the intersection at Hualalai Road and Queen Kaahunanu Highway at it's present location would probably not gain the required sight distance. The best viable option for maximizing available sight distance would be to move the proposed driveway location to the northern 2 ==CN DPW ChGiNF-zRItA6-r..-NA -.7 S019o15 P. 0.4 s boundary of the subject parcel, remove the rock outcropping which creates the sight obstruction and to provide a precautionary sign warning north bound motorists of the driveway's presence. 3 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: HARRY H. HASEGAWA and DAIS T. HASEGAWA Qc~Cc.. APPLICANT'S SIGNATURE: DATE: 6 1`fl9q- ADDRESS: P. 0. Box 138 Kailua-Kon , Hawaii 96745 LIST APPLICANT'S INTEREST IF NOT OWNER LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS \ ° GR Wf} AsEGA wA - ~ ~ TELEPHONE-BUSINESS: 329-2794 RESIDENCE: 322-2056 REQUEST: Un lanned (U) TO Villa e Commercial CV-10 Existing zoning Propose zoning TAX MAP KEY: (3) 7-5-17.20 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 12,432 s.f. LANDOWNER(S): Landowner is applirant OWNER'S SIGNATURE (see above) DATE: (May be by letter) AGENT: Steven S c Lily, ADDRESS. c/o Carlsmith Ball Wichman Murray Case and Ichiki 121 Waianuenue Avenue Hilo, Hawaii 96720 TELEPHONE-BUSINESS: 935-6644 RESIDENCE: Please indicate to whom original correspondence and copies should be sent. ORIGINAL Steven Lim, Esa. COPIES Harry and Daisy Hasegawa (See Instructions in Back) fi THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY: 1. 20 copies of the completed application form. 2. 20 copies of a location map. 3. 20 copies of a site plan drawn to scale with exist' and proposed uses (e.g., structures, topography, propose sub ivision). 4. 20 copies of a detailed written explanation of the reasons for requesting the change of zone. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if applicable) of the General Plan document. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department.) 5. 20 copies of supporting information/documents (i.e., marketing analysis, traffic impact analysis report, archaeological inventory survey, preliminary drainage study, floral and faunal surveys). 6. 20 copies of appropriate Departmental Zoning Questionnaire. 7. $100.00 processing fee. 8. One copy of full-size (2' x 31) site plan drawn to scale for presentation purposes. Site plan must include property lines, existing/proposed structures and uses and reference points such as roadways, shoreline, etc. 9. Legal description of the property in map and written form by metes and bounds as certified by a surveyor. 10. List of tax map keys of surrounding property within 300 feet of the entire property boundaries. It is the applicant's responsibility to obtain the most recent list of landowners/long-term lessees from the Real Property Tax office upon being notified of the public hearing. The submittal of an incomplete application will delay official acceptance by the Department. Furthermore, additional information may be requested by consulted agencies through the Department during the course of the review process. P.D. 5/91 1730q -2- 4 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT Applicants: Harry H. Hasegawa and Daisy T. Hasegawa Tax Map Key No.: (3) 7-5-17:20 Waiaha 1st, District of North Kona Island and County of Hawaii I. General Background. a. Applicants' Interest in the Property. Applicants Harry H. Hasegawa and Daisy T. Hasegawa are the fee simple owners of the subject property situate at Waiaha 1st, District of North Kona, Island and County of Hawaii, more particularly described as tax map key parcel: (3) 7-5-17:20. See, Warranty Deed attached as Exhibit 1. b. Applications Submitted and Approvals Rego s d. 1. Change of Zone (subject application). The applicants are seeking a Change of Zone for the subject property from an Unplanned (U) designation to a Village Commercial (CV-10) designation. 2. State Land Use Boundary Amendment (separate application). The applicants are concurrently filing a separate application for the subject property, seeking a State Land Use Boundary Amendment from the Agricultural District to the Urban District. C. Location and Legal Description of the Property. The subject property is located approximately one mile south of the Palani Road/Queen Kaahumanu Highway intersection, is bounded on its eastern perimeter by the Hawaii Belt Road (or Queen Kaahumanu Highway), is bounded on its western perimeter by the Kailua-Holualoa Road (or Hualalai Road), and is located outside of the Special Management Area of the County of Hawaii. See, Location/Zoning map attached as Exhibit 2 and Tax Map attached as Exhibit 3. The subject property is a portion of R. P. 1930 to Asa Thurston, L. C. Aw. 387, Part 4, Section 2, No. 3 to the American Board of Commissioners for Foreign Missions. See, Exhibit 1. 1 d. Proposed Development and Reasons for Requested hanae of Zone. The applicants plan to develop the property primarily for condominium office uses to initially include, without limitation, the applicants' real estate office. The number and size of the project's condominium spaces will be variable in order to provide each unit owner maximum flexibility for design and future expansion. Due to the anticipated growth and related market demand for large-scale commercial office space in the Kailua-Kona region, the applicants believe that this project will provide a feasible market-level alternative for commercial users. The project will be located within proximity to government services and utilities and will be compatible with existing uses in the area and the overall growth of the region. e. Technical Data regarding the Property. 1. Site Characteristics. The subject property is approximately 12,432 square feet in area, and has an eastern perimeter frontage of approximately 85.10 square feet along the Hawaii Belt Road and a western perimeter frontage of approximately 97.43 feet along the Kailua-Holualoa Road. The property has an elevation of approximately 700 feet. Its terrain is generally level, with no significant slopes, and is currently vacant of any structures. The soils on the property are within the "Waiaha Series", according to the U.S. Department Soil Conservation Service Soils Survey of the Island of Hawaii. The Waiaha Series consists of shallow, well-drained silt loams that form in volcanic ash, with most areas being extremely stony. The property is located on the leeward side of the Island of Hawaii which is characterized by a dry and hot climate. Annual rainfall in the area ranges from 30 to 40 inches. 2. Flora and Fauna. The subject property is an unimproved parcel of land, with no structures currently on-site. The property had formerly been partially cleared, developed and leased as a water tank site from 1928 to 1988. Existing flora and fauna on the property are typical of species found elsewhere in the region, with vegetation dominated by non-native plants. Native vegetation was likely removed from the property during its use as a water 2 tank site. There are no known rare of endangered plant life or animal species on the property or in its immediate vicinity. 3. Archaeology. According to the records on file with the Hawaii County Planning Department, there are no known historical sites of significance on the property as listed on the State or National Register of Historic Places. 4. rainage4Tsunami Hazard. There are no significant drainageways crossing the subject property. According to the U. S. Corps of Engineers Flood Insurance Rate Plops (FIRM) on file with the Hawaii County Department of Public Works, the flood designation for the property is "X", indicating that it is located outside of the 500-year flood plain. The FIRM also indicate that it is located outside of the tsunami inundation area. 5. Water Service. Water service is available to the proposed office building via connection to the eight- inch County waterline extending along the Kailua-Holualoa Road. 6. sewage Disposal. Sewage will be disposed of via a cesspool or an individual wastewater treatment system as determined by the State Department of Health. 7. Access. Access to the property can be taken off of the Kailua-Holualoa Road, which is a County maintained roadway with an irregular paved surface width fronting the property of approximately 20 feet and a roadway right-of-way of approximately 40.39 feet. The State Department of Transportation advises that access to the property cannot be taken off of the Hawaii Belt Road. 8. Electrical and Telephone Service. Electrical and telephone service is available to the subject property. 9. police and Fire Protection. The Kealakehe Police Station is located approximately three miles from the project site, and the Kailua-Rona Fire Station is approximately one mile from the project site. 3 II. Consistency with the General Plan. a. LUPAG Map Designation. The subject property is situated in an area designated for "urban expansion" on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Commercial uses are permitted within this LUPAG Map designation. b. Goals. Policies and Standards. The requested Change of Zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: Economic Goals: The County of Hawaii shall strive for diversity and stability in its economic system. The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies: The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. An active liaison between the County and the private sector should be encouraged with respect to the County's requirements for establishing business on the island. Discussion: As mentioned earlier, anticipated demand for commercial office space in Kailua-Kona makes this project feasible and particularly attractive to those commercial users who are looking for office space outside of the urban core. Meanwhile, the project's proximity to public utilities and government services make it compatible with anticipated growth and urban expansion of the region. 4 Environmental nuali y Goal: Maintain and, if feasible, improve the existing environmental quality of the island. Policv: The County of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and in the future. standard: Pollution shall be prevented, abated, and controlled at levels which will protect and preserve the public health and well-being, through the enforcement of appropriate Federal, State and County standards. Discussion: The applicants will install a cesspool or private wastewater treatment system as determined by the State Department of Health to service the proposed office building. The applicants will also abide by all applicable State and County air quality and noise level control standards during the pre-construction and construction phases of the project. Flood Control and Drainage Goals: Prevent damage to man-made improvements. Reduce surface water and sediment runoff. Policy: All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: Flood Insurance Rate Maps (FIRM) indicate that the project site is located outside of the 500-year flood plain and outside of the tsunami inundation area. There are also no significant drainageways crossing the site. While surface water flow does not appear problematic on the subject property, the applicants will abide by all applicable County guidelines for any run-off generated by the development. Historic sites Goals: Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. 5 'a Access to significant historic sites, buildings and objects of public interest should be made available. Policy: Public access to significant historic sites and objects shall be acquired. Discussion: As stated earlier, no known historic sites of significance as listed on the State or National Registers of Historic Places are on file for the subject property at the County Planning Department. Natural Beauty Goal: Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. Policy: Standard criteria for natural and scenic beauty shall be developed as part of design plans. Discussion: The applicants will coordinate with the County on all applicable landscaping guidelines to ensure that the project site is compatible with its surrounding environment. Land Use - General Goal: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies: Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Incorporate innovations such as the "zone of mix" and "mixed use zones" into the Zoning Code. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 6 0 Standard: Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion: As mentioned earlier, the applicants' rezoning request conforms with the General Plan Land Use Pattern Allocation Guide (LUPAG) map which classifies the area for "urban expansion" and allows for commercial uses. The applicants' concurrent State Land Use urban boundary request also conforms with the LUPAG map, since the subject land is not being used for any major agricultural activity. The project site is also consistent with the LUPAG's "urban expansion" designation given its proximity to the trade and employment center of Kailua-Kona and its proximity to utilities and public services adequate for the support of urban activities. Land Use - 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: 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. Standard: Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. off-street parking and loading facilities shall be provided. 7 s Preference shall be given to commercial lands with a reasonably level topography. Discussion: The proposed project meets all of the foregoing standards. The project site is generally level with no significant slopes. It is bounded on its eastern perimeter by the State-maintained Hawaii Belt Road and on its western perimeter by the County-maintained Railua-Holualoa Road, with access to be taken off of the later. Off-street parking consisting of twenty-four stalls, with areas for loading and internal traffic circulation, have been designed. Electrical, telephone and County water service are available to the site. Wastewater will be disposed of via a cesspool or private on- site treatment system as determined by the State Department of Health. III. Consistency with Hawaii County Code The proposed project also complies with provisions contained in Chapter 25, "Zoning", specifically, Article 14, "CV, Village Commercial Districts", of the Hawaii County Code 1983, as amended. Section 25-198: Purpose and applicability. The CV (village commercial district) applies to areas that allow a broad range or variety of commercial and related uses that are necessary to serve a somewhat isolated residential or working population where the supplementary support of the general business uses and activities of a central commercial district is not readily available. (The project site meets these criteria.) Section 25-200: Permitted uses. (The applicant will abide by provisions of this section.) Section 25-201: Height limits. The height limit in CV districts shall be thirty feet. (The median height of the proposed building is approximately 30 feet.) 8 r Section 25-202: Minimum building site area. The minimum building site area in CV areas shall be seven thousand five hundred square feet. (The subject parcel is 12,432 square feet.) Section 25-203: Minimum building site average width. The minimum building site average width in CV districts shall be sixty feet. (The average width of the subject parcel is 107.5 feet.) Section 25-204: Minimum yards. (a) The minimum yards in CV districts shall be as follows: (1) Front or rear yards: fifteen feet. (2) Side yards: none, except as required by plan approval. (The proposed project's front yard is 45 feet and rear yard is 15 feet.) Section 25-205: Other regulations. Plan approval is required of all structures and uses in CV districts. (The applicant will abide by said provision.) IV. Location/Zoning Man, Tax Mao, and Site Plan A Location/Zoning map is attached as Exhibit 2, a Tax Map as Exhibit 3, and a Site Plan as Exhibit 4. Full-sized copies of the Location/Zoning Map and the Site Plan (two feet by three feet) are also being submitted in conjunction with this application. V. Metes and Bounds Description of the Property. A metes and bounds description of the property is attached as Exhibit 5. VI. Commercial Zoning Questionnaire. The applicants have completed and attached the Planning Department's Commercial Zoning Questionnaire as Exhibit 6. 9 VII. Properties within 300-Foot Perimeter of the Property. 7-5-17:007 Joseph and Margaret Gomes :008 75-397A Hualalai Road Kailua-Rona, Hawaii 96740 7-5-10:001 Stanley and Doreen Gomes 75-5815 Queen Kaahumanu Highway Kailua-Kona, Hawaii 96740 7-5-10:003 Pacific-Asia Christian University University of the Nations 75-5851 Kuakini Highway Kailua-Kona, Hawaii 96740 7-5-10:004 DDD Ltd. Partnership No. 2 1291 Zinfandel Lane Saint Helena, California 94574-1653 7-5-10:064 Frank Albert and Annie Anclita Ferren Stanley A. and Doreen P. Gomes c/o 75-367 Hualalai Road Kailua-Kona, Hawaii 96740-9791 10 0 EXHIBIT 1 THE ORIGINAL OF THE DCCUMENT RECORDED AS FOLLO`."S: STATE OF HAWAII OFFICS OF BUREAU OF CCNVEYAi•dC E:. ReceivecVor ref ord this /`5 ZY day of de A.D., 19I.:Z' e4 8.~'y o'clc c't as recorded in Liber on Pages LAND CQIIRT SYSTEM REGULAR SYSTEM RETURN BY: MAIL ( ) PICKUP ( X ) TO: ESCROW NO. C91975MT TITLE NO. 102597 FIRST AMERICAN TITLE COMPANY OF HAWAII, INC. 75-5706 Hanama Place, Suite 108 Kailua-Kona, HI 96740 rdt/rtt/fa2-9a/9-77-92 TAX MAP KEY (3) 7-5-17:20 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That JOSEPH GOMES, husband of Margaret P. Gomes, as to an undivided one-half (1/2) interest, and JOSEPH GOMES and MARGARET P. DOMES, husband and wife, as Tenants by the Entirety, as to an undivided one-half (1/2) interest, all of whose residence and mailing address is 75-367A Hualalai Road, Kailua-Rona, Hawaii 96740, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor paid by HARRY H. HASEGAWA and DAISY T. HASEGAWA, a husband and wife, whose residence is in Kailua-Kona, Hawaii, and whose mailing address is P. O. Box 1388, Kailua-Rona, Hawaii 95745, hereinafter called the "Grantee", the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey unto the Grantee all of that certain real property designated on the tax maps of the Third Taxation Division, State of Hawaii, as Tax Map Key 7-5-17:20, more particularly described in Exhibit A attached hereto and made a part hereof, subject to the encumbrances noted therein. TOGETHER WITH ALL and singular the buildings, improvements, rights, tenements, hereditaments, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed in connection therewith. TO HAVE AND TO HOLD the same unto the Grantee, as tenants by the entirety, their assigns and the survivor of them, and the heirs, personal representatives, and assigns of the survivor of them, in fee simple forever. AND THE SAID GRANTOR does hereby covenant with the Grantee that the Grantor is lawfully seised in fee simple of said granted premises and that the said premises are free and clear of all encumbrances except as aforesaid, and except for assessments for real property taxes. And the said Grantor further covenants and agrees that the Grantor has good right to sell and convey the said premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee%, as and when used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or plural number, individuals, associations, trustees, corporations or partnerships, and their and each of their respective successors in interest, heirs, executors, personal representatives, administrators and permitted assigns, according to the context thereof, and that if these presents 2 R shall be signed by two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. IN WITNESS WHEREOF, the Grantor has executed these presents on this day of C'JLe-C 1992. -rte ~ SES -7? t77 MARGARV P. GOMES Approved as to Form CARLSMITH BALL WICHMAN MURRAY CASE MUKA1 i ICHIKI BY 3 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this ~JL day of 1992, before me personally` appeared JOSEPH GORES, to me known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed. DQ n C Notary ublic, State of Hawaii My commission expires: 3 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this _ day of ~t PGC eti , 1992, before me personally appeared MARGARET P. GORES, to me known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed. Notary P lic, State of Hawaii My commission expires: 3 e EXHIBIT "A" Land situated at Waiaha 1st, roughly one (1) mile South of the Palani Road/Queen Kaahumanu intersection, North Kona, Hawaii Being a portion of R. P. 1930 to Asa Thurston, L. C. Aw. 387, Part 4, Section 21 No. 3 to American Board of Commissioners for Foreign Missions Beginning at a pipe set in concrete at the Northwest corner of this parcel of land and on the East side of Kailua- Holualoa Road, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" (North meridian), being 4012.58 feet South and 5830.92 feet East and running by azimuths measured clockwise from true South; 1. 2570 12' 49" 134.67 feet along stonewall, along the remainder of Land Court Application 1666, to a spike in concrete; 2. 3350 37' 49" 85.10 feet along stonewall, along Hawaii Belt Road, F.A.P. Route 11, to a pipe found in concrete; 3. 579 16' 49" 108.03 feet along same, to a pipe set in concrete; 4. 1460 26' 19" 97.43 feet along the east side of Kailua- Holualoa Road to a pipe set in concrete; Page 1 of 3 5. 1380 57' 19 33.04 feet along same to the point of beginning and containing an area of 12,432 Sq. Ft., as per survey of Hajime Takata, Registered Surveyor No. 400-S, dated July 14, 1992. Being a portion of the land acquired by: 1. DECREE OF DISTRIBUTION OF REAL PROPERTY - CIRCUIT COURT OF THE THIRD CIRCUIT - STATE OF HAWAII - PROBATE NO. 2944 - "IN THE MATTER OF THE ESTATE OF MANUEL COMES, DECEASED- Dated: September 18, 1963 Liber: 4598 Page: 297 Re: Title is hereby vested in Joseph Gomes, (no marital status given) 2. WARRANTY DEED Grantor: Joseph Gomes, husband of Margaret P. Gomes Grantee: Joseph Comes and Margaret P. Comes, husband and wife, as Tenants by the Entirety Dated: April 11, 1977 Liber: 12183 Page: 418 Re: as to an undivided one-half (1/2) interest in and to land under search Page 2 of 3 SUBJECT HOWEVER TO: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Rights of Native Tenants as contained in Royal Patent 1930. 3. Terms and provisions of that certain unrecorded Lease dated September 18, 1950, made by and between Manuel Gomes, as Lessor, and Inter-Island Resorts, Ltd., as Lessee, as disclosed by instrument dated August 17, 1961, recorded in the Bureau of Conveyances of the State of Hawaii in Liber 4237 Page 446, to which reference is hereby made. Through mesne assignment(s) the lease is now held by: ASSIGNMENT OF LEASES Assignee: Board of Water Supply of the County of Hawaii Dated: August 17, 1961, effective October 1, 1961 Liber: 4237 Page: 446 Consent by Estate of Manuel Gomes, Deceased, thereto recorded 4. No abutter's rights of vehicle access over and across Boundary 28, as disclosed by Amended Final Order of Condem- nation dated November 6, 1987, recorded in said Bureau in Liber 21506 Page 618. END OF EXHIBIT A EXHIBIT 2 y ` r fib' r • ~ ''~~Y . r . n _ a ; Z C u n • y- t kl 9F f ~ \ ~ Y ~ t z Cox 1 _ Y • a., B 000 1 0` it ~ 11• ~ a, - z I nrr, ~ N i o M1 ` -M if. a tq,~:. S < 9 V u D R.~~p1$ ~ 0 1 EXHIBIT 3 t C t til- en ev • ie / t I \ G I1r 1St f~ {1~ fi lltr I ~ j z ~ I S t4l~ _ ~t ~ t a t ! ~ Z Q if, t t r a t ; Q t 134 Fitt , ; ~ to a ~ ~ t i ,,1 to le ',If , yl I 1 t , Q ~ I ` ~ 4 w ( ~ d rF t 3 1c t ''ir r' R ,11 • I/~ ~ e i t o a EXHIBIT 4 o s~ Z ~ xq f ; 4a l ~ ~ f I-A a_i 1 i I I ~ ~x w5 r I x W ? I ~ ) ! i~ j ,i ~ Cl f ( I c i ~ ~ t ti . F- ~ 6 6L ~ 3 m A N f" Y u~ I lk i I 1 O O t ~ a ~ O 1 O I I 1 ' -e Y ~S, S O Z o~ R R M• A~ I 1 1 1 11 ,111 1 I 1 1 1I1 _ 1 1 1 1 I 1 ' 11 I ~ I I l ' 1 I 1 1 1 " 1 1 R EXHIBIT 5 D E S C R I P T I O N Land situated at Waiaha 1st, roughly one (1) mile South of the Palani Road/Queen Kaahumanu intersection, North Kona, Hawaii Being a portion of R.P. 1930 to Asa Thurston, L.C. Aw. 387, Part 4, Section 2, No. 3 to American Board of Commissioners for Foreign Missions Beginning at a pipe set In concrete at the Northwest corner of this parcel of land and on the East side of Kailua-Holualoa Road, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" (North Meridian), being 4012.58 feet South and 5830.92 feet East and running by azimuths measured clockwise from true South: 1. 257° 12' 49" 134.67 feet along stonewall, along the remainder of Land Court Application 1666, to a spike set in concrete; 2. 335° 37' 49" 85.10 feet along stonewall, along Hawaii Belt Road, F.A.P. Route 11, to a pipe found and concreted; 3. 57' 16' 49" 108.03 feet along same, along same, to a pipe set In concrete; 4. 146° 26' 19" 97.43 feet along the east side of Kallua-Holualoa Road to a pipe set in concrete; 5. 138° 57' 19" 33.04 feet along same to the point of beginning and containing an area of 12,432 Sq. Ft. JOHN D. WEEKS. INC. 78-8877 MAMALAHOA HIGHWAY. HOLUALOA. HAWAII 96725 JOHN D. WEEKS, INC. 1 ^t' U, rte, t ail, ~S_ a- ~AJIME TAKATA Registe ed Surveyor No. 400-S July 14, 1992 JOHN D. WEEKS, INC. 78-8877 MAMALAHOA HIGHWAY. HOLUALOA. HAWAII 96725 EXHIBIT 6 e ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No if mss, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. If your request is approved, approximately how long after the date of approval do you expect to suomit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone wno has firm plans? No b. Sell or lease the land to someone who has tentative plans? No C. Sell or 'Lease the land to someone who has no plans? No d. Keep it? Yes e. other (please state) f. If you intend to do either a, o, or c, please elaborate on the kind of plans the other party nas. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. what specific building plans do you have for the subject land? Include in your answer the following: type of ouilding (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The applicants plan to use the proposed building as the site of their real estate office and to lease out remaining space in the building as commercial offices. They intend to secure construction financing from a financial institution licensed to do business in the State of Hawaii and plan to complete construction within one year of obtaining all of the necessary County approvals for the project. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? If so, please elaborate on your findings in the space provided oelow. However, the applicants have conducted an informal survey which indicates a need for commercial office space outside of the urban core in Kailua-Kona. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? No if so, please elaborate on your findings in the space provided oelow. However, please refer to the "Technical Data" Section I.e. of this application. 6. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any agricultural activitity? No if so, please list the kinds of products grown and on how many square feet or acres of land per product. -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? _ No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other x -4- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No. However, review of Planning Department records indicates there are no known historic sites of significance on the property as listed on the State or National Register of Historic Places. Signature: / Address: P. O. Box 1388 Kailua-Kona, Hawaii 96745 Telephone: 329-2794 (b)/322-2056 (r) Date: 6/14/94 -5- 6338A/50A P.D. 5/84