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HomeMy WebLinkAboutCOM 0794.000 1996-1998 William G. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho ~A oi•wDeputy Managing Director f9oun#g of paluall 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax(808)326-5663 C~ April 8, 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 93-2) Applicant: Dennis K. Kauinui Request: A-20a to FA-la Tax Man Key: 1-6-141:10 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. Sincere , Stephen K. Yamashiro Mayor LKaumOLMAY Enclosures cc: Planning Commission REZ 93-2 Boot/ a l $ PA;. Rd.te APR 1 3 1998 Stephen K- Yamashiro Mayor dII1t1tfv !Y tCi1T2Ctt PLANNING COMMISSION 25 Aupuni Street, Room 109 a Hilo, Hawaii %720.9252 (808) 961.8288 • Fax (808) %1-9615 APR U 6 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 93-2) Applicant: Dennis K. Kauinui Request: A-20a to FA-la Tax ManKey• 1-6-141.10 The Planning Commission, after a duly held public hearing on March 20, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 5.476 acres of land from Agricultural (A-20a) to Family Agricultural (FA-1a). The application was originally requested from A-20a to A-la and relative to County Council's Bill No. 126. The property is located on the east side of the Hilo-Volcano Highway, along E. Kipimana Road and Shipman Road, approximately 1,000 feet from its intersection with E. Kipimana Road at Keaau, Puna, 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The applicant originally submitted his application in 1993 to rezone the subject property from A-20 to A-la. An unfavorable recommendation was forwarded by the Planning Commission to the County Council due to inadequate access. The applicant would have had to resurface and widen the pavement of the private roadway in order to accommodate the proposed subdivision, which was not feasible at the time. Also, at that time, the applicant had not secured permission from adjacent landowners to improve the road, prior to the Planning Commission's public hearing. This application was recently returned to the Planning Commission from the County Council for updated information and comments from appropriate agencies. Since the original submittal, a new Zoning Code has been adopted and there is no longer an A-la designation. The applicant has revised his request to Family Agricultural (FA-la) and would still like to subdivide the parcel into 4 parcels. Letters to landowners in the area indicated that a majority had no objections to improving the roadway. The Change of Zone request from Agricultural-20 acres (A-20a) to Family Agricultural-1 acre (FA-1a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: Land Use 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 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. Agricultural o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o Protect and encourage the intensive utilization of the County's important agricultural lands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Agricultural land shall be used as one form of open space or green belt. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. Although, the original Background Report stated that LUPAG Map designated the area as Orchards, a further assessment has determined the area to be within the Low Density Urban designation. As such, the requested zone change conforms to the LUPAG Map, and if approved, would provide opportunities for limited-scale agricultural activities associated with residential activities which would be compatible with the existing setting of the area. In addition, the smaller minimum one acre lot sizes will provide additional opportunities for family members to own a portion of the parcel. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified Other Important Agricultural Lands by the ALISH system. Scattered single family residences are located in the area along with agricultural and industrial uses. The subject property has two residences. Macadamia nuts, tangerines, avocadoes, lychee, mangos, jabong, anthuriums, pigs, chickens, ducks and cows are currently raised on the property. The reclassification of this 5.476 acre parcel from Agricultural-20 acre (A-20a) to a Family Agricultural-1 acre (FA-la) zoned district will not be detrimental to the area. The 1-acre lot sizes will provide opportunities to pursue small-scale agricultural operations associated with residential activities. All essential utilities and services are or will be made available to the project site. The property is located off of Volcano Highway across the Shipman Industrial Park. Access to the property is from Volcano Highway via Kipimana Road, which is a 60-foot wide private roadway lot having a 12-foot wide gravel surface. The applicant would be required to improve the 60-foot wide roadway with a minimum 20-foot wide pavement, up to the northern most driveway of the proposed subdivided lots from Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Volcano Highway. As the applicant would need to pave E. Kipimana Road, which is private, they have submitted letters from a majority (16 out of the 18) of lot owners who expressed no objections to improving the roadway. Further, in accordance with the Department of Water Supply, water can be made available from a 16-inch waterline along the Volcano Highway. The lots would need to be reconfigured in order that frontage for all lots is off the 60-foot wide private roadway. Wastewater generated by the proposed development will be disposed of utilizing individual wastewater disposal system, meeting with the approval of the State Department of Health. All other essential utilities and services are or will be made available to support the proposed development. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed use. Because the land has been extensively altered and developed, no significant archaeological sites are anticipated to be located within the property. Similarly, the property is not considered a habitat for rare or endangered species of plants and animals. Based on the above findings, approval of the Change of Zone request from Agricultural-20 acres (A-20a) to Family Agricultural-1 acre (FA-la) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-22 (Puna District Zone Map), of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, j , I r _ Kevin M. Balog, Chairman Planning Commission LKauin03. PC Enclosures cc: Mr. Dennis S. Kauinui Department of Public Works Department of Water Supply Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu Bkauin02.skg-1/6/98 COUNTY OF HAWAII PLANNING DEPARTMENT REVISED BACKGROUND REPORT DENNIS K. KAUINUI CHANGE OF ZONE APPLICATION 93-2 Dennis K. Kauinui is requesting a Change of Zone for approximately 5.476 acres of land from an Agricultural-20 acres (A-20a) to a Family Agricultural-1 acre (FA-la) zoned district. The application was originally requested from A-20a to A-la and relative to County Council's Bill No. 126. The property is located on the east side of the Hilo-Volcano Highway, along E. Kipimana Road and Shipman Road, approximately 1,000 east from its intersection with E. Kipimana Road at Keaau, Puna, Hawaii, TMK: 1-6-141:10. BACKGROUND INFORMATION 1. Denial of Original Request by Planning Commission: The Planning Commission at its July 15, 1993 denied the applicant's request to rezone the subject property from A-20a to A-la due to the fact that adequate access was not available to the subject property. The applicant would have had to resurface and widen the pavement in order to accommodate the proposed subdivision, which was not feasible at the time. 2. County Council: The request was forwarded to the County Council via Mayor Yamashiro on August 5, 1993. The request was sent to the Planning Committee, however, no action was taken. The application was returned to the Planning Commission from the County Council by letter dated July 7, 1997 to request updated information and comments from appropriate agencies. APPLICANT'S RFOJJEST 3. Request: The Applicant has revised his change of zone request from A-20a to FA-la, instead of A-la, due to the new Zoning Code which deleted Agricultural zoning designations less than A-5a. The request to FA-la would still allow for limited-scale agricultural activities associated with residential activities. The applicant's original request remains the same - to rezone the subject property, which was owned by the applicant's mother, in order to subdivide the property into 4 parcels of approximately 1.369 acres for her children. The applicant intends to ultimately build residences on ATTACH. C-794 (B-218) the subdivided parcels. The applicant informed us that subsequent to the submittal of the original application in 1993, his mother, Chiyoko Kauinui, has passed away. 4. Additional Information on this Request: For information on the revised request, See Exhibit A - Applicant's letter dated October 22, 1997. 5. Original Application Submitted in 1993: For information on the original request, See Exhibit B - Planning Commissions letter to the County Council dated August 3, 1993, Original Background and Recommendation Report by Planning Director and letter with signatures from Dennis Kauinui dated August 25, 1993. STATE AND COUNTY PLANS 6. See Exhibit B - Original Background Report. 7. General Plan LUPAG Map Designation: Low Density Urban. Note: Although the original Background Report stated the area as Orchards, a further review of the map determines the area to be designated as Low Density Urban. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. See Exhibit B - Original Background Report. PLIBLIC FACILITIES AND UTILITIES 9. Access: Access to the subject property from the Volcano Highway is via a private 60-foot wide roadway (TMK: 1-6-141:22) having a 12-foot wide gravel surface, located adjacent to the north of the subject property. The condition of this gravel roadway is good. A second access is available via Slaughterhouse Road, another private roadway having a pavement width of 20 feet within a 50-foot wide right-of- way. The access from Slaughterhouse Road proceeds along a remnant of the Old Volcano Road, which has a 12-foot wide gravel surface within a 40-foot wide right-of- way. The condition of the gravel surface is generally good, with occasional potholes. According to a copy of a recorded deed submitted as part of the application, the applicant has right-of-access over these private roadways, which are owned in common -2- 10. Subdivision Road Requirements: For access to 4 lots from a private roadway, agricultural standards are 16-foot wide pavement within a 20-foot right- of-way. Note: Original Background Report stated that the roadways should be improved to a 20-foot wide pavement within a 50-foot right of way. However, a further review of the Subdivision Code, Section 23-88, state the above requirements. 11. Water: County water is available. 12. Other Essential Utilities and Services: Are or will be made available. AGENCIES' COMMENTS 13. Department of Health (December 2, 1997 Memo): "We have no objections to the proposed change of zone application. However, minimum setback requirements for existing wastewater systems needs to be maintained. The existing systems need to be identified on the application map." 14. Police Department (December 4, 1997): "We reviewed the application for a change of zone and have no comments or objections to offer at this time. 15. Fire Department (December 15, 1997 Memo): "We have no comments on the above-referenced Change of Zone application." 16. Real Property Tax Division (November 28, 1997 Memo): "The property is currently receiving the preferential per acre crop values under the agricultural use program. As such, deferred taxes (sometimes called rollback taxes) would be imposed if this property is subdivided into parcels which are five acres or less. Deferred taxes would also be imposed if the owner requests that the state land use district classification be changed from agriculture to urban or to rural." 17. State Land Use Commission: (See Exhibit C - December 8, 1997 letter) 18. Department of Public Works: (See Exhibit D - December 24, 1997 Memo) 19. Department of Water Supply: (See Exhibit E - December 26, 1997 Memo) -3- AGENCIES - NO COMMENTS 20. State Department of Transportation, Department of Land and Natural Resources, Soil Conservation Service, Office of Housing and Community Development, Department of Agriculture and HELCO. COMMUNITY COMMENTS 21. No comments were received from the general public. -4- October 22,1997 To Whom It May Concern I'm writing to you to request a change in zoning for my property. I wish to amend the following: T.M.K.: 1-6- 141-10 Lot#: 1092-M Lot Area: 5.476 A.C. From A-la to FA#1. Thank you for your time. If any futher information is needed, I can be contacted at (808) 966-8084. Sincerely _ x Dennis K. Kauinui EXHIBIT Mtr or•y~_ Stephen K Yamashiro Mayor (gIIUiTfg of ~2If1IttiT PLANNING COMMISSION 25 Aupuni Ste , Room 109 • Wta, Hawaii %720.4252 (808) 961$288 Fax (BOB) %1•%15 August 3, 1993 Honorable Spencer K. Schutte, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Schutte and Members: Change of Zone Application (REZ 93-2) Applicant: Dennis K. Kauinui Request: A20-a to A-la Tax Map Key: 1-6-141:10 The Planning Commission at its duly held public hearing on July 15, 1993, voted to forward an unfavorable recommendation to the County Council on the above request for a Change of Zone for approximately 5.476 acres from an Agricultural 20 acre (A-20a) to an Agricultural 1 acre (A-la) zoned district. The project is situated on the makai side of the Hilo-Volcano Highway, approximately 1000 feet north (Hilo side) from its intersection with Slaughterhouse Road, Keaau, Puna, Hawaii. The denial recommendation was based on the following findings: The Planning Director recognizes that the request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates the subject area as Orchards. However, 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 or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Planning Director's policy analysis of the subject application concludes that the proposed change of zone is not warranted at this time. EXHIBIT BUG 5 1995 Honorable Spencer K. Schutte, Chairman and Members of the County Council Page 2 Direct access to the property from the Volcano Highway is provided along a 60-foot wide gravel roadway lot located adjacent to the north of the subject property. Access is also available via Slaughterhouse Road, which has a pavement width of 20 feet within a 50-foot wide right-of-way, and along a remnant of the old Volcano Road, which has a 12-foot wide gravel surface within a 40-foot wide right-of-way. According to Section 23-41 (Minimum right-of-way and pavement widths) of the Subdivision Code, an agricultural minor street, such as the private roadways which provide access to the subject property, should be improved with a minimum 20-foot wide pavement within a 50-foot right-of-way. The 60-foot wide roadway lot and the Old Volcano Road remnant both fail to meet these standards. To require the applicant to improve one or both roadways to current roadway standards would probably be a financial burden. Should the applicant be willing to improve that portion of both roadways fronting its property to current standards, it would only resolve the access problems associated with the subject property. In addition, requiring improvements to private roadways may create a new level of problems. The County does not have the legal authority to require improvements to private roadways without the consent of its owners. In this particular case, the affected roadways are owned by its adjoining landowners. There is no community association or road maintenance committee to oversee the maintenance of the existing roadways. Therefore, this Department has not received authorization from the owners of the affected roadways for roadway improvements which should be required if the change of zone request were to be approved. In reviewing the subject request, a regional perspective must be considered as it may have a cumulative impact on the surrounding area. The entire alignment of the Old Volcano Road remnant is unimproved. Should this change of zone request be approved, it may result in other similar requests being made for surrounding properties, most of which must use the old Volcano Road remnant as its primary access. Roughly half of the approximately 19 lots gaining access over the Old Volcano Road remnant, Slaughterhouse Road or the 60-foot roadway lot are over 5 acres in size. The largest parcel in the area is over 90 acres. Approval of this request could result in similar rezoning requests in the immediate area. While this specific rezoning request is limited in nature, a similar request for all properties along the old Volcano Road remnant could ultimately result in roughly 210 1-acre lots being created. To recommend approval of the proposed change of zone would disregard the inadequate access available to the subject property and Honorable Spencer K. Schutte, Chairman and Members of the County Council Page 3 surrounding area. The cumulative impact of this and potential future rezoning requests would aggravate and already inadequate situation and significantly impact the ability of the existing roadways to support the needs of the residents in a safe and efficient manner. The eventual improvement of this roadway would be at the mercy of the individual landowners who are seeking rezoning of their properties. In addition, improving this roadway may be difficult due to the horizontal and vertical curves within the existing roadway alignment. Therefore, approval of this request would be in conflict with the following goals and standards of the Land Use Element of the General Plan: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. * The county shall encourage the maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The Planning Director recognizes the desire of families to convey their land to their children. However, for the Planning Director to support this particular request in light of the deficiencies mentioned above, would be in conflict with the goals and objectives of the General Plan and will not result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. As required by the County Council, transmitted is a draft ordinance amending Section 25-103, the Puna District Zone Map, of the County Zoning Code. Honorable Spencer K. Schutte, Chairman and Members of the County Council Page 4 Should you have any questions, please feel free to contact Rodney Nakano or Daryn Arai of the Planning Department at 961-8288. Sincerely, Donald L. Manalili, Chairman Planning Commission RKN:jdk LKauin02.PC xc: Honorable Stephen K. Yamashiro, Mayor Planning Director Mr. Dennis K. Kauinui Department of Public Works Department of Water Supply Corporation Counsel BKauinOLDSA-7/6/9; COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DENNIS K. KAUINUI CHANGE OF ZONE APPLICATION 93-2 Dennis K. Kauinui is requesting a Change of Zone for approximately 5.476 acres of land from an Agricultural-20 acres (A-20a) to an Agricultural-1 acre (A-la) zoned district. The project site is situated on the makai side of the Hilo-Volcano Highway, approximately 1,000 feet north (Hilo side) from its intersection with Slaughterhouse Road, Keaau, Puna, TMK: 1-6-141: 10. GENERAL INFORMATION 1. February 20, 1961 - Planning Director approves Subdivision No. 1610, which created the subject parcels and those parcels in the immediate vicinity. This subdivision was approved with access limited to asphaltic-concrete pavement within the 50-foot wide Slaughterhouse Road and gravel surfacing within the 40-foot wide Old Volcano Road remnant. APPLICANT'S REQUEST 2. Request: The Applicant is requesting a change of zone of the project site from an Agricultural-20 acres (A-20a) to an Agricultural-1 acre (A-la) zoned district. 3 Nature of Proposed Use: The applicant wishes to subdivide the subject property into 4 parcels, each consisting of approximately 1.369 acres. The applicant intends to ultimately build residences on the subdivided parcels. APPLICANT'S STATEMENT 4. See attached Exhibit D, Letter from Applicant dated November 30. 1992. STATE AND COUNTY PLANNING DOCUMENTS 5. State Land Use Designation: Agricultural. 6. General Plan LUPAG Map Designation: Orchards. This designation identifies those agricultural lands which though rocky in character and content, support productive macadamia nuts, papaya, citrus and other similar agricultural products. 7. County Zoning: Agricultural-20 acres (A-20a). 8. SMA: Not Applicable. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 9. Dimensions: The project site, consisting of a total of 5.476 acres, has a frontage along Slaughterhouse Road of approximately 237.01 feet and a frontage along the 60-foot private roadway of 423.10 feet. Overall depth of the subject property is approximately 712 feet. -2- 10. Physical Characteristics: There are two (2) existing single family dwellings located on the subject property. In addition to a 23-year old dwelling, an Ohana dwelling was constructed in 1988 (BP# 850286 / OD# 84-73). According to the application, macadamia nuts, tangerines, avocado, lychee, mangos, jabong, anthuriums, pigs, chickens, ducks and cows are currently being raised on the subject property. 11. Soils: Soils within the project site consist of the Papai Series, which are well- drained, thin, extremely stony organic soils overlying fragmental A'a lava. Permeability is rapid, runoff is slow and the erosion hazard is slight. 12. Land Study Bureau Overall Master Productivity Rating: Class "E" or "Very Poor". 13. State of Hawaii ALISH Map System Rating: "Other Important Agricultural Land", which are lands other than "Prime" or "Unique" agricultural land that is also of statewide or local importance for agricultural use. 14. Flora and Fauna: Due to the improved nature of the project site and immediately surrounding area, it is unlikely to contain any significant historical sites or provide habitat for endangered species of plant or animal. 15. Cultural and Historical Resources: Due to improved nature of project site as a result of agricultural activities, it is not anticipated that significant archaeological features or sites are located within the subject property. 16. Flood Insurance Rate Map (FIRM): The subject property is located within an area outside of the 500-year flood plain (Zone X). -3- 17. Adjacent and Surrounding Land Uses: Uses surrounding the subject property consist of primarily agricultural uses on lands zoned A-20a. Scattered single family residential uses are located throughout the affected area. The Planning Commission has previously granted Special Permits for various agricultural and industrial uses along Slaughterhouse Road and the Old Volcano Road remnant (See Exhibit B). These approvals are listed as follows: * 1979 - Special Permit No. 430 to allow establishment of macadamia nut drying and processing facility. Located on opposite (east) side of Old Volcano Road remnant from subject property. * 1981 - Special Permit No. 478 to allow establishment of ldm chee processing plant. Located along Slaughterhouse Road. * 1985 - Special Permit No. 599 to allow establishment of a papaya pacldng plant. Located along Slaughterhouse Road. * 1993 - Special Permit No. 842 to allow establishment of brewery and bottling facility and visitor center. Located along Slaughterhouse Road. PUBLIC FACILITIES AND UTILITIES 18. Access: Direct access to the subject property from the Volcano Highway is via a private 60-foot wide roadway lot having a 12-foot wide gravel surface, located adjacent to the north of the subject property. The condition of this -4- gravel roadway is good. A second access is available via Slaughterhouse Road, another private roadway having a pavement width of 20 feet within a 50-foot wide right-of-way. The access from Slaughterhouse Road proceeds along a remnant of the Old Volcano Road, which has a 12-foot wide gravel surface within a 40-foot wide right-of-way. The condition of the gravel surface is generally good, with occasional potholes. According to a copy of a recorded deed submitted as part of the application, the applicant has right-of- access over these private roadways, which are owned in common by the applicant and all surrounding property owners whose parcels utilize these roadways for access (See Exhibits B and Q. 19. Water: County water is available. 20. Other Essential Utilities and Services: Are or will be made available. AGENCIES' COMMENTS 21. Department of Health: "The subject lot is located in the Critical Wastewater Disposal Area where cesspools are not allowed because of water pollution concerns. Any development on this lot would require all wastewater [to] be disposed [of] into a Treatment Individual Wastewater System or into public sewer when available. " 22. Department of Land and Natural Resources: "Our Hilo Office staff archaeologist, Marc Smith, conducted a field check of the subject parcel on April 25, 1993. The subject parcel is located at an elevation [of] 280 feet on weathered pahoehoe lava. No significant historic sites were observed in the subject parcel. The proposed action therefore will have 'no effect' on significant historic sites." -5- 23. Department of Public Works: 1. Buildings shall conform to all requirements of codes and statutes pertaining to building construction. "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 subdivision 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. Furthermore, should dedication of roadways including drywells be contemplated, the Dept. of Public Works will not approve dedication [of] roadways prior to compliance with Chapter 23, UIC, Administrative Rules. "4. The slaughterhouse road has a 40-ft. right-of-way with a 12-ft. wide gravel pavement. "5. The access road between slaughterhouse road and the State Highway has a 60-ft. right-of-way with a 12-ft. to 16-ft. gravel pavement. 6. The applicant should be advised of the subdivision requirements prior to this matter being placed on the Planning Commission Agenda. Unless a variance from subdivision roadway requirements is coupled with this application, the applicant may find that the cost of subdivisions (sic) is prohibitive." 24. Real Property Tax Division: "Deferred taxes pursuant to Hawaii County Code, Chapter 19, Article 7, Section 19-53(f); Due to subdivision of land into parcels of five acres or less will be imposed upon subdivision." 25. Department of Transportation: (See Exhibit E) 26. Fire Department: (See Exhibit F). -6- 27. Soil Conservation Service, Department of Health, Office of Housing and Community Development, Department of Agriculture, Department of Water Supply, Police Department, and H L had no objections and/or comments on the subject request. -7- November 30, 1992 Dear Sirs: I am submitting the fol.lowing proposal for your consideration. Since the passing of both my father, Solomon Kauinui, and my sister, Leilani Kauinui, in the past year, my mother, Chiyoko Kauinui would like to split 5.476 acres into four equal parts of 1.369 acres to her remaining children. Therein, 1.369 acres would go to Rodney M. Kauinui, 1.369 acres to Solomon M. Kauinui, 1.369 acres to Dennis K. Kauinui, and 1.369 acres to her grandaughter, Lee Ann Henry, daughter of Leilani Kauinui, deceased. I am making this request on behalf of my mother, Chiyoko Kauinui as it is her great desire to know that each parcel will be assigned specifically to each of the above-named children. Respectfully Submitted, Dennis K. Kauinui DK:e ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.476 b. Into what lot sizes? 1.369 C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Aq-SAOAI PO I B L d. Do you intend to build houses on the newly created lots? Yes If mss, please answer the following questions: On how many of those lots? 2-3 At what approximate price range? House Lot Total 7 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 5-10 Years If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? "lo c. Sell or lease the land to someone who has no plans? "!0 d. Keep it? Yes e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? No How? 4. Are there any buildings on the subject area? Yes/Two Home If so, what kind? Th ee bedroom home Thee bedroom home (OHANA ) What do you intend to do with those buildings if your request is approved? Leave it as is. 5. Is the subject land currently being used for any agricultural activity? YPc If so, please list the kinds of products grown and on how many square feet or acres of land per product. MAC NUT$ Jengerines , Avocado ,Lychee,mangoes, Jabong,Anthuriums,Pigs, Chichens,Ducks,Cows 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? Yes What kinds of commodity? The Lest is on five. b. Suitablility of the proposed lot-size for that commodity? Yac c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs No improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yee No a. Schools No b. Roads NO c. Sewer No No d. Drainage -3- Yes No e. Police Protection No f. Fire Protection NO g. Recreational Facilities NO h. Public Utilities No i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. SignaLure Address: Telephone: v Date: -4- V x J. t \ Qx © ~ a I I.. lC~ t A~ tn1~ I -j %11 •411 7~ Yl I!).9%~iy j '7 -il 'T~ ` r r •~i LI'w' A \ ~1., .0 0 a l I T ii+ J ~ 3 d 1 LAN` 1 re r t i ! j. ' it ! ,~cri=t01 1° t qA?.f..5 4 A I -O ' ri®,t IW' ! r + = Oil P+ e ~ r ZRl~lt ~ i 3 -Od 11 n t ; 1t ~II ® 1 { 1 t w ' Qn ii !1 \O 0 \a~ Ali I U J 1~ M Z ~ RoQd spy _ ~ ~ o Ib cl, v /5 ~r £Ch G ~wM pb~ ssaa~d o I Saw+p snoiaPA s N A ~ o ~ IL ~ARTMENT OF TRANSPORTAT~ HIGHWAYS DIVISION HAWAII DISTRICT 50 MAKAALA STREET HIM, HAWAII 96720 TELEPHONE (808) 933-4640 Hwy-H 93-2.0366 FAX (808 933-4738 3/29 1993 TO: ?PLANNING DIRECTOR, COUNTY OF HAWAII STATE TRANSPORTATION PLANNING, DOT -PLANNING IJCH~ HIGHWAYS DIVISION, DOT FROM: DISTR ENGINEER - HAWAII HIGHWAYS DIVISION SUBJECT: SEE ADJOINING PAGE (if shown). Application No. Ke:5 9.3-~- 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. For 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. Drainage plans and calculations. 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 y/Street lighting at No vehicle access, 10-ft. planting screen ea ent then 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. OTHER 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 for all lots (lower ones) that require protection from highway traffic. t ABOVE CONDITIONS EFFECTIVE FOR 2 YEARS FROM DATE SHOWN. Contact Person: Robert Taira REV. DE: st.-_vo Ichwav Pro I_pct NO.: 01 Nelson M. Tsuj i Seephen K. Yamashiro U .Mavor F,,, Chmj 01 lL aluaii Tunfv of eR FIRE DEPARTMENT 466 Kinuole Street Hilo, Hs.sii 96720.2987 (808) 961-8297 Fox (808) %1.6920 March 24, 1993 To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 93-2) APPLICANT: DENNIS K. KAUINUI A-20a TO A-la TAX MAP KEY: 1-6-141. 10 Water requirement for fire protection is stated in Section 10.301 of the Fire Code: "(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. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, 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. In setting the requirements for fire flow, the chief may be guided by the standard published by the Insurance Services Office, "Guide for Determination of 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 provided on the public street or on the site of the premises to be protected as required and approved by the chief. All hydrants shall be accessible ylpu ~~R Virginia Goldstein, Planning Director rage 2 March 24, 1993 to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) 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." NELS9N-M. TS JI Fire Chief NMT/mo PrUuwOLDSA-7(/93 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DENNIS K. KAUINUI CHANGE OF ZONE APPLICATION 93- Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that an unfavorable recommendation of this change of zone application be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter her position based upon the following findings: The Planning Director recognizes that the request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates the subject area as Orchards. However, 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 or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Planning Director's policy analysis of the subject application concludes that the proposed change of zone is not warranted at this time. Direct access to the property from the Volcano Highway is provided along a 60-foot wide gravel roadway lot located adjacent to the north of the subject property. Access is also available via Slaughterhouse Road, which has a pavement width of 20 feet within a 50-foot wide right-of-way, and along a remnant of the Old Volcano Road, which has a 12- foot wide gravel surface within a 40-foot wide right-of-way. According to Section 23-41 (Minimum right-of-way and pavement widths) of the Subdivision Code, an agricultural minor street, such as the private roadways which provide access to the subject property, should be improved with a minimum 20-foot wide pavement within a 50-foot right-of- way. The 60-foot wide roadway lot and the Old Volcano Road remnant both fail to meet these standards. While it may be possible to require the applicant to improve one or both roadways to current roadway standards, such a condition may not be feasible or implementable. In this particular case, the affected roadways are owned by its adjoining landowners. There is no community association or road maintenance committee to oversee the maintenance of the existing roadways. The Department has not received authorization from the owners of the affected roadways for roadway improvements which should be required if the change of zone request were to be approved. In reviewing the subject request, a regional perspective must be considered as it may have a cumulative impact on the surrounding area. The entire alignment of the Old Volcano Road remnant is unimproved. Should this change of zone request be approved, it may result in other similar requests being made for surrounding properties, most of which must use the Old Volcano Road remnant as its primary access. Roughly half of the approximately 19 lots gaining access over the Old Volcano Road remnant, Slaughterhouse Road or the 60-foot roadway lot are over 5 acres in size. The largest parcel in the area is over 90 acres. Approval of this request could result in similar rezoning requests in the immediate area. While this specific rezoning request is limited in nature, a similar request for all properties along the Old Volcano Road remnant could ultimately result in roughly 210 1-acre lots being created. The cumulative impact of this and potential future rezoning requests would aggravate an already inadequate situation and significantly impact the ability of the existing roadways to support the needs of the residents in a safe and efficient manner. Actual construction of the improvements to this roadway would be a consequence of the individual landowners who are seeldng rezoning of their properties. In addition, improving this roadway may be difficult due to the horizontal and vertical curves within the existing roadway alignment. -2- Therefore, approval of this request would be in conflict with the following goals and standards of the Land Use Element of the General Plan: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. * The county shall encourage the maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The Planning Director recognizes the desire of families to convey their land to their children. However, for the Planning Director to support this particular request in light of the deficiencies mentioned above, would be in conflict with the goals and objectives of the General Plan and will not result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. Based on the foregoing, it is recommended that this change of zone request be denied. -3- BENJAMIN J.OAYETANO ooveAHOA ESTNER UE04 EXEC-TINE T\. I-`~ -cc <ea is STATE OF HAWAII DEPARTMENT OF BUSINESS. ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 December 8, 1997 Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 93-2) for Dennis K._Kauinui, Keaau, Puna, Hawaii, TMK 1-6-141. 10 We have reviewed the subject application for zone change forwarded by your memorandum dated November 28, 1997, and find that the subject parcel is located within the State Land Use Agricultural District. We note that the subject parcel is situated across from the approximately 312 acres reclassified from the Agricultural District to the Urban District under LUC Docket No. A84-570/W.H. Shipman, Limited (Increment I) for industrial uses. The subject parcel is also situated northeast from a portion of the area reclassified under LUC Docket No. BR93-699/Office of State Planning. This docket involved the reclassification of approximately 660 acres from the Agricultural District to the Urban District for residential, industrial, commercial, park, school, and government facility uses. We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application. Should you have any questions, please feel free to call me, or Bert Saruwatari of our office at 587-3822. Sincerely, ESTHER UEDA Executive Officer EU:th EXHIBIT C, DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ~j DATE: December 24, 1997 ~P.l~lOfi.R~I~CGJaG TO: Virginia Goldstein, Planning Director Planning Department FROM: -7,46epa6 of is Work SUBJECT: CHANGE OF ZONE APPLICATION (REZ 93-2) Applicant: Dennis K. Kauinui Request: A-20a to FA-1 a Location: Puna, Hawaii TMK: 1-6-141: 010 We have reviewed the subject application and our comments are as follows: 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. The applicant shall be informed that if drywells are included in the subject development, an Underground Injection Control permit may be required from the Department of Health, State of Hawaii. 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 4. Slaughterhouse Road has an existing 12-ft wide gravel roadway within a 40-ft wide right-of-way. The access road has a 12-ft to 16-ft gravel roadway within a 60-ft wide right-of-way. Both roadways are neither owner nor maintained by the County. Refer questions to Casey Yanagihara at ext. 8327. KG EXIT BIT RE2932 f cl ru[r O~ 11 11 DEPARTMENT OF WATER SUPPLY r COUNTY OF HAWAII 25 AUPUNI STREET • HILO, HAWAII 96720 Ol NIr~11. TELEPHONE (808) 961-6660 FAX (808) 961-8657 December 26, 1997 TO. Planning Department FROM: Milton D. Pavao. Manager SUBJECT: CHANGE OF ZONE APPLICATION NO. 93-002 APPLICANT - DENNIS K. KAUINUI REQUEST: FROM A-20A TO FA-1A TAX MAP KEY 1-6-141:010 We have reviewed the subject application for the proposed change of zone request and have the following comments. Water can be made available from an existing 16-inch waterline along the Volcano Highway. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the three (3) additional lots requested in the proposed 4-lot subdivision development, the required water commitment deposit is $450.00. Remittance by the applicant of the $450.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected. water availability is subject to change depending on the water situation. For the applicant's information, should the subject change of zone request be approved and a subdivision application be executed, final subdivision approval will be subject to the following requirements, which will include but not be limited to: EX~I34' 1; Water 4inge progreda... Planning Department Page 2 December 26, 1997 1. Offsite improvements will include the installation of a 6-inch waterline, fire hydrants spaced not more than 600 feet apart within the roadway access that services the properties in the area, and to provide water to the proposed subdivision at adequate pressure and volume under peak-flow and fire-flow conditions. The center of all lots within the proposed subdivision is to be within 300 feet of a fire hydrant. 2. The subdivision must be reconfigured so all lots have access from the "Roadway Access" to comply with the fire requirements in Item 1. 3. Install service laterals that will accommodate a 5/8-inch meter to each lot. 4. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 5. Remit the prevailing facilities charge, which is subject to change, of $10,688.00. It is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. 6. Convey the water system improvements along with the necessary easements including the roadway access to the property, which has various owners, to the Water Commission, County of Hawaii. Should there be any questions, the applicant can contact our Water Resources and Planning Branch at 961-8660. Milton D. Pavao, P.E. Manager WA:gms Att. copy - (w/att.) Mr. Dennis K. Kauinui Bkauin03.skg 3/13/98 COUNTY OF HAWAII PLANNING DEPARTMENT ADDITIONAL BACKGROUND INFORMATION DENNIS K. KAUINUI CHANGE OF ZONE APPLICATION 93-2 Dennis K. Kauinui is requesting a Change of Zone for approximately 5.476 acres of land from an Agricultural-20 acres (A-20a) to a Family Agricultural-1 acre (FA-la) zoned district. The application was originally requested from A-20a to A-la and covered under County Council's Bill No. 126. The property is located on the east side of the Hilo-Volcano Highway, along E. Kipimana Road and Shipman Road, approximately 1,000 east from its intersection with E. Kipimana Road at Keaau, Puna, Hawaii, TMK: 1-6-141:10. ADDITIONAL INFORMATION 1. PERMISSION TO IMPROVE ROADS: There are 19 lots that are owned by 16 lot owners who have legal access over the E. Kipimana Road. Since this existing road is gravel and would need to be improved, the applicant sent letters, dated February 3, 1998, to property owners to secure their approval for improving E. Kipimana Road. As of date, the applicant has received responses of no objections from all but two landowners; Hilda Haa and W.H. Shipman, Ltd. However, there is a previous letter on file from W.H. Shipman dated January 12, 1998, stating no objections. (See Exhibit A - Copies of Applicant's letter with responses and map) PUBLIC FACILITIES AND UTILITIES 2. Subdivision Road Requirements: Access to the subject property from the Volcano Highway is via a private 60-foot wide roadway (TMK: 1-6-141:22) called East Kipimana Road, which has a 12-foot wide gravel surface and fronts the subject property. The revised background report dated 2/6/98 stated that for a four-lot subdivision, access from a private roadway would require roadway improvements of a 16-foot wide pavement within a 20-foot right-of-way. However, since East Kipimana Road actually provides access to all 19 lots within the subdivision, the Subdivision Code requires that roadway improvements provide for a 20-foot wide pavement within a 50-foot right-of-way. We stand corrected. ADDITIONAL AGENCY COMMENTS 3. State Department of Transportation (January 20, 1998 Memo): "Comments of Letter No. HWY-H93-2.0366 dated 3/29/97(sic) will stand." (3/29/93 Memo): "We have no objections to this application. With comments shown below. Street lighting at side road and State Highway intersection. "Guardrails for all lots (lower ones) that require protection from highway traffic." 4. Department of Water Supply: (See Exhibit B - January 13, 198 letter and applicant's response dated March 2, 1998) 5. Department of Agriculture: (See Exhibit C - January 26, 1998 Memo) AGENCIES - NO COMMENTS 6. Department of Land and Natural Resources, Soil Conservation Service, Office of Housing and Community Development and HELCO. COMMUNITY COMMENTS 7. No comments were received from the general public. -2- W.H. SHIPMAN, LIMITED KEAAU HAWAII ISLAND January 12, 1998 Mr. Kevin M. Balog, Chair Planning Commission County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Balog and Planning Commission Members: Re: Request for Re-Zone, TMK 1-6-141:10 The lots in this old subdivision were given to former employees of W. H. Shipman, Limited years ago. Access to the lots is via an unimproved, private road. Water service to each lot is via a very old, leaking, private waterline. The private roadway and private waterline belong to all the owners of the lots in this subdivision, which include W. H. Shipman, Ltd. The roadway and the waterlines are frequently repaired by the various owners using their own labor. The roadway and waterline are in bad need of upgrading. We have no objection to the proposed re-zone application (and we presume the subsequent subdivision) as long as the applicant is required to provide water directly to the new lots from a County water system, not the present old water system, and further, is required to improve the roadway fronting the lots. To have more lots using an old road and water system will only further exacerbate the situation. Sin?rely, e-f~~ obert E. Saunders E X H I B Resident RES:dpb A P.O. Box 950 "A Kamaaina Company Contributing to the Planned Groauth of Hawaii" Phone: (8C8) 966-9375 Keaav, Hawaii 96749 Established 1923 fax: (808) 966-852_ KAUINUI PO Box 1969 Kamuela. HI 96713 Phone 885.7790 March 03, 1998 County of Hawaii Planning Department 25 Aupuni Street, Rm. 109 Hilo, HI 967204252 Dear Sirs and Madams, Change of Zone Application (REZ 93-2) Per your request, we have sent out letters to the surrounding property Owners of the W.H. Shipman Loop to have a portion of E. Kipimana St. paved. We have received signatures of approval from 14 of the 18 letters that were sent out. The Owners of the W.H. Shipman Loop held a meeting on February 18, 1998 to discuss forming a Corporation to have the road and water maintained in the subdivision. The next meeting will be Wednesday, March 25, 1998 to discuss the Corporation's By Laws and Officers. We will work with the other Owners to bring this private roadway (E. Kipimana and Shipman) and water line up to County standards. We are not planning on building any additional homes on the land. We just want to work the land by farming what we have grown on it and continue raising the farm animals we already have on it. Sincere) , e. 4iau Rodney M. Kauinui C20 L7 Hft -Ald TR4Es tr f1iI~19'3 OR WWY ,[/ifC ,rlr/T T,~F~s 0 c .r . c I I T i I ~C d I )-Z. WV I ' ,cz p~ orrtT70A 111-71y Mimi's 1' l I IA,. 1969 T)1K Ib-141-010 K]IOOtI.. HI 96717 February 03, 1998 Hawaii Brewery Dev. Co., Inc. 248 Mokauea St. Honolulu, HI 96819 Dear Gentlemen, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, MIM Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(1+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience . Mahalo Plent~ Heirs of Solomon and Chiyoko Kauinui PR ES O~ I AA~ Ha aii Brewery Dev. Co. Inc. TM K: 1-6-141-001 Mini's P.0 Box 1969 TMK: 1-0-141-010 Kanuicla. HI 96743 February 03, 1998 Hawaii Brewery Dev. Co., Inc. 248 Mokauea St. Honolulu, HI 96819 Dear Gentlemen, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(1+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. Mahalo Plenty, Heirs of Solomon and Chiyoko Kauinui A"t, ii Brewery Dev. Co. Inc. TMK: 1-6-141-002 Kauffiffs P U. Pax 1969 WK 1-6.141-010 Katim,1,. 111 96741 February 03, 1998 Hawaiian Solo Company, Ltd. C/O Diamond Head Papaya Co. 16-309 Old Volcano RD #A Keaau H1 96749 Dear Gentlemen, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(l+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. M al Plenty Heirs of Solomon and Chiyoko Kauinui awauan olo Company, Ltd. TMK: 1-6-141-003 Kauinul's PU.Ib, 1967 N K 1.6-141-010 HI 96743 February 03, 1995 Asao Furutani Sueko 0. Furutani 16-303 Old Volcano RD Keaau HI 96749 Dear Mrs. & Mrs. Furutani, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(1+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. Mahalo Plenty, _ Heirs of Solomon and Chiyoko Kauinui Asao Furutani TMK: 1-6-141-004 Kauinui's I'(I. ilua 1'14'1 I'\t ti. I.4-i41-U I0 I.u111111'I~. III 96741 February 03, 1998 John Kaiewe, Jr. PO Box 487 Keaau HI 96749 Dear Mr. Kaiewe, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-( I+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. Mahalo Plenty, Heirs of Solomon and Chiyoko Kauinui K,l&n Kaiewe, Jr. TMK: 1-6-141-005 Kauinds RU. nos 1969 ran:. 1-6-141-010 K.nuelu, tit 96743 February 03, 1998 Masanobu Sugihara Naoko Sugihara PO Box 124 Keaau HI 96749 Dear Mr. & Mrs. Sugihara, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(1+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. Mahalo Plenty, Heirs of Solomon and Chiyoko Kauinui Masanobu Sugihara TMK: 1-6-141-007 Kauinufs P0, Bus 1969 ,NIK: i-6-i4i-Uiu Kamuala. BI 9674; February 03, 1998 Frances K. Miyamoto Norman N. Uchida Ira & Marilyn Tagawa PO Box 133 Keaau HI 96749 Dear Mrs. Miyamoto, Mr. Uchida, Mr. & Mrs. Tagawa, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-( l+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience- Mahalo Plenty, Heirs of Solomon and Chiyoko Kauinui Frances M moto TMK: 1-6-141-008 KRUMUFS 110 Lk), 1969 TMK. I-6-W-010 I~anmela. HI 96741 February 03, 1995 Masaru Uchida Yoshie Uchida PO Box 726 Keaau HI 96749 Dear Mr. & Mrs. Uchida, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(1+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. a o Plenty, C) Heirs of Solomon and Chiyoko Kauinui C Masaru Uchida / TMK. 1-6-141-009 Kauinui's P.U. nog 1969 TUK. 1.6-141.010 Kmuuela. IH 96743 February 03, 1998 Masaru Uchida Yoshie Uchida PO Box 726 Keaau HI 96749 Dear Mr. & Mrs. Uchida, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(l+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience. 93h4lo Plen Heirs of Solomon and Chiyoko Kauinui 1 \ Masaru Uchida TMK: 1-6-141-011 Mini's N.U. WX 1969 TAn:: 1-6-141-010 Amuuala. t1I 96741 February 03, 1998 Bessie Morita 28 lwaiwa ST Hilo HI 96720 Dear Mrs. Morita, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(l+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience- ha Plent - Heirs of Solomon and Chiyoko Kauinui~ Bessie Morita TN/K: 1-6-141-012 Kauinui'S RU ISu? 1969 '~\IF: I-6-141-010 Kamuda. HI 96741 February 03, 1998 Keith A. Bondaug Mary Jane Bondaug SR 4077 Keaau HI 96749 Dear Mr. & Mrs. Bondaug, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(1+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. M to Plenty, Heirs of Solomon and Chiyoko Kauinui C71- L Keith r Mary Jan Bondaug TMK: 1-6-141-013 Mimi's P U. 14x 1969 INIK 1-6-141. 10 K-mwla. lil 96743 February 03, 1998 Archie Kekuawela Cynthia Kekuawela PO Box 344 Keaau HI 96749 Dear Archie & Cynthia, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(1+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. ff Plenty - Heirs of Solomon and Chiyoko Kauinui Archie or Cynthia Kekuawela TMK: 1-6-141-014 Kauinul's PO 16n 1969 'I'\IK'. I-6.1414)10 K..ntwlI .III 96743 February 03, 1998 Hawaiian Macadamia Co., Inc. PO Box 340 Keaau HI 96749 Dear Gentlemen, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(l+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. A self-addressed stamped envelope in provided for your convenience.. to Plent , ` Heirs of Solomon and Chiyoko Kauinui s - (tS F awalian Macadamia Co., Inc Inc. TMK: 1-6-141-016 Ka WI's 11 0, 190 r~u. L6uI-oIu ~dI11lICL1. III 96741 February 03, 1998 Minoru & Edna Hironaga Dexter Hironaga PO Box 4489 Hilo HI 96720 Dear Gentlemen & Mrs. Hironaga, SUBJECT: PAVING OF ROAD FROM OLD VOLCANO HIGHWAY INTO SHIPMAN SUBDIVISION We the Heirs, M/M Rodney Kauinui, M/M Solomon Kauinui, Mr. Dennis Kauinui, and grand-daughter Mrs. Leanne H. Mahi, of Solomon and Chiyoko Kauinui, want to sub-divide into 4-(I+) acre agriculture lots. The Planning Department wants us to pave a portion of E. Kipimana Street fronting the four lots beginning from Old Volcano Hwy. into E. Kipimana Street. We are asking your permission on this matter. On the lines below, please indicate by signing yes with your signature, and return this letter back to us as soon as possible. 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V) s of < N 2 C, C, tnm p .NU m ~t m. 7•o445 1- m 0' J .n ~ . 0 290.4 ~ O u9 ~ y1 m - re ee bb o2% A* £ N 0 W °o.p E'i s m N I po 096 se tyN° y00 15.3 .s2.Zg ~°Fos N Div N 2432y Q V C !ls`r OFZ~B>~„y SE.OiZ ~:»2 0 k e %N N of o9 .O! 921 r d '~2y %N C 2a.9p H28 6 o m O 1,Z9' « 9 00 h y2 gym, i r N y $ - o 0 S N 'JN w' N.~ m u to m 0 N ~N N > ¢ m s F o .o n a1 ¦Irtr l~ lei DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 1` `1 em 25 AUPUNI STREET • HILO. HAWAII 96720 Ol MIV\\\' TELEPHONE (808) 9618660 FAX (808) 961-8657 January 13. 1998 Mr. Dennis S. Kauinui P.O. Box 5663 Hilo. HI 96720 f CHANGE OF ZONE APPLICATION NO. 93-002 TAX MAP KEY 1-6-141:010 - This is a follow-up on our memorandum of December 26. 1997 to the Planning Department. Please be informed that the water commitment for the three (3) additional units of water for the former change of zone request expired on March 31. 1996 and the $450.00 water commitment will be forfeited. Therefore, through a copy of this letter, the Planning Department will be informed that a water commitment for the property no longer exists. Remittance of the $450.00 is requested as soon as possible. to re-institute a water commitment. Should there be any questions, please contact our Water Resources and Planning Branch at 961-8660. 1*2-- Milton D. Pavao. P.E. Manager - WA:gms EXHIBIT copy - Planning Department/ Water bring-1 rro~reds... i1 UIUINUI PO Box 1969 Kamuela, HI 96743 Phone 885-7790 March 02, 1998 Department of Water Supply County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Mr. Pavao, Change of Zone Application No. 93-002 Tax Man Key 1-6-141.10 In 1993, we sent a $450.00 check to the Department of Water Supply when we first submitted our application for this Change of Zone. In December of 1997, the County Council sent this application back to the Planning Department for review. We feel that these monies should have been returned to us or at least in an account earning interest, when the 1993 County Council tabled this application. Further more, we were not informed of the following: 1. The water commitment expiration date of March 31, 1996. 2. Monies being forfeited. We feel that the Department of Water neglected to notify us of the above and that the funds ($450.00 check) should be used to re-institute the water commitment. U0"' L. Rodney M. Kauinui G ~a E~a 4 a~ BENJAMIN J. CAYETANO ''r•-,`.. JAMES J. NAKATANI Governor Chairperson. Board of AgnWture LETITIA N. UYEHARA Deputy to the Chairperson State of Hawaii Mailing Address' P.O. Box 22159 DEPARTMENT OF AGRICULTURE Honolulu. Hawaii 96823-2159 1428 South King Street - Honolulu, Hawaii 96814-2512 Fax: (808) 973-9613 January 26, 1998 To: Virginia Goldstein, Director Hawaii County Planning Department From: James J. Nakatani, Chairpers~ Board of Agriculture Subject: Change of Zone Application (REZ 93-2) A-20a to FA-la Dennis Kauinui TMK: 1-6-141: 10 Keeau, Hawaii Area: 5.476 acres Proposed number of lots: 4 The Department of Agriculture has reviewed the subject application and offers the following comments. The application is essentially a resubmittal of one that the Planning Commission forwarded an unfavorable recommendation to the County Council in July 1993. The present application seeks a rezoning to the Family Agricultural district which according to Section 25-5-60 of the Zoning Code includes the following attributes: • lands characterized by farm estates, small acreage farms, or substinence lots less than 5 acres in size; • lands where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area; • lands not classified as "A" or "B" according to the Land Study Bureau (LSB) or with a use rating according to the Agricultural Lands of Importance to the State of Hawaii (ALISH); and • lands within a urban designation under the General Plan. EXHIBIT Ci Awl 4J r i Ms. Virginia Goldstein January 26, 1998 Page -2- About one-third of the parcels in Plat 141 are 2 acres or less in size. The remaining parcels are 3 to 90 acres in size and have some agricultural use such as macadamia nut cultivation/ processing and papaya processing. The entire Plat is zoned A-20a and is classified as orchard according to the General Plan. Most of the land in Plat 141 is classified as "Other Important" according to the ALISH system and has a LSB master productivity rating of "E". We understand that Plat 146, directly across the New Volcano Road, is the Shipman Industrial Park which is in the Urban District. Based on the above and the information in the application, we feel the rationale for the denial recommendation found in the Planning Commission letter of August 3, 1993, particularly the concern that approval could result in similar rezoning requests in the immediate area, remains valid in the present case. We recommend that the applicant's request be denied. Should you have any questions, please call Earl Yamamoto at 973- 9466. rez93-2.61