HomeMy WebLinkAboutCOM 0826.000 1996-1998
~V OIM
- William G. Davis
Stephen K. Yamashiro Managing Director
Mayor Henry Cho
•~R,orNr~p Deputy Managing Director
(gauutV of clufunit
25 Aupuru 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
April 24, 1998
r,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 97-4)
Request: Agricultural to Rural
Change of Zone Application (REZ 97-20)
Request: A-5a to RA-.5a
Applicant: Robert S. Nackowski
Tax MaI2 Key: 7-5-10:Portion of 4
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced applications.
ce ly,
Stephen K. Yamashiro
Mayor
LNackc)OLMAY
Enclosures
cc: Planning Commission
SLU 97-4/REZ 97-20
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Stephen K. Yamashiro
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Mayor
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PLANNING COMMISSION
25 Aupuni Stt , Room 109 • Hilo, Hawaii %720-4252
(808) %1-8288 Fox (808) %1-%15
APR 2 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:
State Land Use Boundary Amendment Application (SLU 97-4)
Request: Agricultural to Rural
Change of Zone Application (REZ 97-20)
Request: A-5a to RA-.5a
Applicant: Robert S. Nackowski
Tax Man Key: 7-5-10:Portion of 4
The Planning Commission, after a duly held public hearing on April 17, 1998, voted to
recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from an Agricultural to Rural district and a Change of Zone by changing the
district classification from Agricultural (A-5a) to Residential/Agricultural (RA-.5a) for
approximately 14.989 acres of land. The project site is located on the west (makai) side of
Hienaloli-Kahului Road, approximately 1,500 feet north of its intersection with Hualalai Road
and adjacent and north of the Hualalai Colony Subdivision, Puaa 2nd, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County
General Plan and the Hawaii State Plan. According to the Hawaii Land Use
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
Commission Rules, the following three standards shall apply when determining an area
for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses.
The surrounding area consists of a mixture or single-family residences and
vacant lots. The zoning pattern in the vicinity is a mixture of Agricultural -1 acre
(A-la) to the east, Agricultural - 5 acres (A-5a) and Single Family Residential (RS-15)
immediately adjacent to the north and south, respectively. The subject parcel is
situated adjacent to and north of the Hualalai Colony Subdivision which consists of 50
15,000 square foot lots. This subdivision is in the State Land Use Urban District and
the County's Single Family Residential-15,000 square foot (RS-15) zoned district.
Kailua View Estates and Kona Heights Subdivisions are located further to the north and
zoned RS-15. Lands further to the west on the makai side of Queen Ka'ahumanu
Highway are zoned Multiple Family Residential (RM-4).
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
Permissible uses within the Rural district. This states: "(a) Permissible uses within
the rural district shall include the following activities: (1) All uses permitted under
section 15-15-25 relating to agricultural uses and those uses that are compatible within
the agricultural district; (2) Low-density residential uses with a minimum lot size of
one-half acre. The commission for good cause may allow one lot of less than one-half
acre, but not less than 18,500 square feet, or an equivalent residential density, provided
all other lots in the subdivision have the minimum lot size of one-half acre. A petition
for variance may be processed under the special permit procedure pursuant to
subchapter 12. This exception shall apply to lots of record existing prior to January 1,
1977, and of not more than two acres. There shall be no more than one single-family
dwelling per one-half acre, except as may be provided for in this section."
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The proposed Rural boundary amendment request is compatible with the
statutory definition for low-density residential uses with a minimum lot size of one-half
acre. The applicant has stated that the requested size (1/2 acre) would provide a
needed buffer and transition between the agricultural and urban uses. It is also possible
to have some limited backyard gardening type of agricultural activities that are not too
reliant on extensive soil - like fruit trees and ornamental plants.
The applicant's intention is to subdivide the 14.989 acres of land into
residential-agricultural lots. However, Chapter 205, Hawaii Revised Statutes, does not
authorize residential dwellings as a permissible use in the Agricultural District unless
the dwelling is related to an agricultural activity or is a "farm dwelling." Farm
dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located
on and used in conjunction with a farm, including clusters of single-family farm
dwellings permitted within agricultural parks developed by the State, or where
agricultural activity provides income to the family occupying the dwelling." Thus, the
requested boundary amendment would be in the direction of fulfilling the permissible
uses of the rural designation.
The proposed Rural boundary amendment would conform to the following goals
and policies of the General Plan:
LAND USE
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
* Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
* Promote and encourage the rehabilitation and use of urban and rural areas
which are serviced by basic community facilities and utilities.
* Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
* The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
HOUSING
* Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
* Attain a diversity of socio-economic housing mix throughout the different parts
of the County.
* Maintain a housing supply which allows a variety of choice.
* Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
* Improve and maintain the quality and affordability of the existing housing stock.
* Seek sufficient production of new affordable rental and fee-simple housing in
the County in a variety of sizes to satisfactorily accommodate the needs and
desires of families and individuals.
* Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
* The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
* The County shall protect residential property values from depreciating
influences.
SINGLE-FAMILY RESIDENTIAL
* To maximize choices of single-family residential lots and/or housing for
residents of the County.
* To ensure compatible uses within and adjacent to single-family residential zoned
areas.
* To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
* The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
* Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
* The County shall review and amend if necessary land use ordinances and codes
to include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The 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 relationship between the
various land uses. The LUPAG Map establishes the basic urban and non-urban form
for areas within the County. The proposed Rural boundary request also conforms to
the LUPAG Map which designates the area for Urban Expansion. The Urban
Expansion designation allows for a mix of high density, medium density, low density,
industrial and/or open designations in areas where new settlements may be desirable,
but where the specific settlement pattern and mix of uses have not been determined.
Future improvement and development objections of the General Plan are directed
toward making urban and rural centers more efficient, livable, and safe. Growth
should be encouraged in terms of renewing older areas or as extensions of existing
ones. This request would encourage agricultural and residential uses and create an
extension of adjacent urban land uses. This request would allow a rural development,
a single family residence, and subsistence and backyard gardening type of agricultural
activities. Based on the above findings, including the General Plan's goals and
policies, the granting of the Rural boundary amendment would complement and
implement the General Plan.
All utilities and services are available to the property which are essential to
accommodate rural development. Access to the subject property is provided by
Hienaloli-Kahului Road, a two-lane County roadway, which has a pavement width of
20 feet within a 40-50 feet right-of-way. Water can be provided by an existing 8-inch
County waterline which is situated along Hienaloli-Kahului Road and approximately
400 feet from the subject property. The Department of Water Supply has indicated that
water for the 15 lots is available to the subject property. Electrical service is available
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
to the property from Hawaii Electric Light Co. Inc., and telephone service is available
from GTE Hawaiian Tel.
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The Federal
Emergency Management Agency Flood Insurance Rate Map (FIRM) designates most
of the property outside of the 500-year flood plain (Zone X). There is a portion that is
designated Zone AE, areas within the 100 year flood. This area is a part of the Waiaha
Drainageway. The applicant will work to secure the necessary approvals from the
Federal Emergency Management Agency (FEMA) and the Department of Public Works
for the required drainage improvements within the boundaries of the project site. The
Waiaha Drainageway will not significantly affect the proposed subdivision.
While the subject property is within the State Land Use Agricultural and
County's Agricultural zoned districts, it is not currently being used for active
agricultural purposes. The State of Hawaii ALISH Map does not classify the subject
property in any category. The Land Use Study Bureau's Overall Master Productivity
Rating for the soils in the area is "E" or Very Poor. The surrounding properties are in
the County's Agricultural -1 acre (A-la), Agricultural - 5 acres (A-5a) and Single
Family Residential (RS-15) and State Land Use Urban district.
Furthermore, a Rural classification would complement the existing and future
residential land use patterns of the surrounding properties in view of the surrounding
properties and permissible uses.
Finally, it should be noted that the reclassification action would also conform to
the following goals, objectives and/or policies articulated in the Hawaii State Plan
relating to Socio-cultural advancement - Housing objectives and policies:
(a) Planning for the State's socio-cultural advancement with regard to
housing shall be directed towards achievement of the following
objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and
desires of families and individuals.
(2) The orderly development of residential areas sensitive to
community needs and other land uses.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate-income and gap-group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of
housing.
(5) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding areas.
(6) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
Based on the above, the approval of the State Land Use Boundary Amendment
to the Rural District complements the State Land Use District Regulations and is
supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
Change of Zone
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 request from Agricultural-5 acres (A-5a) to
Residential-Agricultural-.5 acre (RA-.5a) zoned district will conform to the following
goals, policies and standards of the General Plan Land Use, Economic, and Single
Family Residential Elements:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
LAND USE
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
* 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.
* The compatibility of agricultural and non-agricultural uses should be carefully
reviewed and where appropriate, buffers required.
* Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
* Protect and encourage the intensive utilization of the County's important
agricultural lands.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
* Agricultural land shall be used as one form of open space or green belt.
ECONOMIC
* Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
* 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
SINGLE-FAMILY RESIDENTIAL
* To maximize choices of single-family residential lots and/or housing for
residents of the County.
* To ensure compatible uses within and adjacent to single-family residential zoned
areas.
* To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
* The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
* Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
* The County shall review and amend if necessary land use ordinances and codes
to include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
While the potential for intensive and/or extensive agricultural uses may exist,
the project site is comprised of soils classified by the U.S. Department of Agriculture,
Soil Conservation Service, as Waiaha series, extremely stony silt loam. This soil
consists of well-drained silt loams that formed in volcanic ash. These soils are nearly
level to moderately steep and most area are extremely stony. They are on uplands at
an elevation ranging from near sea level to 1,000 feet. The surface layer is very dark
brown extremely stony silt loam about 4 inches thick. The subsoil is dark brown very
stony silt loam bedrock. The substratum is pahoehoe lava bedrock. The surface layer
is slightly acid. The subsoil is neutral to mildly alkaline. Permeability is rapid, runoff
is slow, and the erosion hazard is slight. This type of soil is typically used for pasture.
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 "Unclassified" by the ALISH
system. The Kona Regional Plan designates the area as Residential (RES-4). This
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
designation suggests residential uses, up to four (4) units per acre. The requested
RA-.5a zoning is consistent with the recommendation of the Kona Regional Plan.
The proposed subdivision of .5 acre lots would be compatible with the urban
character of lands surrounding the property. The surrounding area consists of a
mixture or single-family residences and vacant lots. The zoning pattern in the vicinity
is a mixture of Agricultural -1 acre (A-la) to the east, Agricultural - 5 acres (A-5a) and
Single Family Residential (RS-15) immediately adjacent to the north and south,
respectively. The subject parcel is situated adjacent to and north of the Hualalai
Colony Subdivision which consists of 50 - 15,000 square foot lots. This subdivision is
in the State Land Use Urban District and the County's Single Family Residential-
15,000 square foot (RS-15) zoned district. Kailua View Estates and Kona Heights
Subdivisions are located further to the north and zoned RS-15. Lands further to the
west on the makai side of Queen Ka'ahumanu Highway are zoned Multiple Family
Residential (RM-4). Therefore, a favorable recommendation of this change of zone
request will be consistent with the surrounding land use pattern already established
within this portion of Kailua-Kona.
Access to the project site is provided by Hienaloli-Kahului Road, a two-lane
County roadway, which has a pavement width of 20 feet within a 40-50 feet
right-of-way. The Department of Public Works has expressed the need for
improvements to Hienaloli-Kahului Road. The need for such improvements is essential
since similar changes of zone may occur throughout the area and the creation of
additional homesites places additional traffic burdens on the roadway.
Water for the proposed subdivision development will be provided by the
County's existing 8-inch waterline which is located along Hienaloli-Kahului Road,
approximately 400 feet from the subject property. Wastewater generated by the
proposed development will be disposed of utilizing an individual wastewater disposal
system for each lot meeting the requirements of the Department of Health. All other
essential utilities and services are or will be made available to support the proposed
development.
An archaeological inventory survey was conducted in October 1997 by William
Barrera Jr. The study concluded that "The three sites that were recorded all date from
modern ranching activities, and are of significance only for their information content
relating to those activities. The present recording constitutes sufficient data recovery,
and any adverse impacts posed by the development of the property have therefore been
mitigated." Thus, the proposed action will not have any effect on significant historic
sites. Should any historical sites be encountered within the subject property during any
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
land alteration activities, the applicant shall cease said activities and contact the
Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD).
Based on the above findings, approval of the Change of Zone request from
Agricultural-5 acres (A-5a) to Residential - Agricultural-.5 acre (RA-.5a) 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, amendments to the SLU Boundaries Map, H-7 for the
County of Hawaii, and Section 25-8-3, the North Kona Zone Map, of the County Zoning Code
are transmitted.
We are enclosing copies of the applications, a copy of the staff background and additional
correspondence from the applicant for your information.
Sincerely,
Kevin M. Balog, Chairman
Planning Commission
LNacko0l. PC
Enclosures
cc: Mr. Sidney Fuke
Mr. Robert Nackowski
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
1 Y
COUNCIL COPY
DO NOT REMOVE
APPLICATIONS FOR
STATE LAND USE (AGRICULTURE TO RURAL)
AND
COUNTY REZONING (A-5A TO RA-.5a)
APPLICANT - ROBERT S. NACKOWSKI
PUAA 2nd, NORTH KONA,HAWAII
TMK: (3) 7-5-10: Por. 4
December 1997
ATTACH. C-826
(B-234 & 235)
COUNTY OF HAWAII PLANNING DEPARTMENT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
APPLICANT: Robert S. Nackowski
APPLICANT'S SIGNATURE:
MAILING ADDRESS: P.O. Box 599
Holualoa, HI 96725
TELEPHONE: (BUS) (808) 329-2675 (HOME)
LANDOWNER: ~J'44A Koski Enterprises, Inc.
LANDOWNER'S SIGNATURE: President
TAX MAP KEY: (3) 7-5-10: por 4
LAND AREA: 14.989 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
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
PD 2/26/87
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT, Robert S. Nackowski
1APPLICANT'S SIGNATURE: DATE:12/30/97
ADDRESS: P.O. Box 599
Holualoa, HI 96725
LIST APPLICANT'S INTEREST IF NOT OWNER President/Sec-Treasurer of Company
that owns property
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS
Robert S. Nackowski, President and Sec/Treasurer
TELEPHONE-BUSINESS:(808) 329-2675 RESIDENCE:
REQUEST: Agriculture A-Sa TO Residential-A (RA-.5a
Existing zoning Propose zoning
TAX MAP KEY: (3) 7-5-10: por 4
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.989 acres
LANDOWNER(S): Koski Enterprises, Inc.
OWNER'S SIGNATURE (see SIU Amendm DATE:
(May be by etter)
AGENT: Sidney Fuke
ADDRESS: 100 Pauahi Street Suite 912
Hilo, HI 96720
TELEPHONE-BUSINESS; (808) 969-1522 RESIDENCE:
Please indicate to whom original correspondence and copies should be
sent. ORIGINAL Sidney Fuke COPIES Rnharr S Nackowsk;
(See Instructions in Ba
ATTACHMENT
Resicenriai Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I. If your request is approved, co you intend to suocivioe
the suoject land in acccrcance with the approved' change
or zonn yes
if yes, please answer the rest of question 1 and then to
question 3.
a. How many acres of the requester area do you inteno to
suociviee? 14+ acres
c. Into wnat lot sizes'? 1/2 to 1 acre
If your request is approved, approximately now long
after the date of approval do you expect to suomit
your subdivision plans to the Planning Department
for preliminary approval? immediately
d. Do you intend to build houses on the newly createc no
lots?
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lots
Total
Approximately how long, after approval of
the subdivision, would the first house oe
available for occupancy?
If you intend to subdivide, please suomit a
preliminary schematic subdivision plan together
with your change of zone application form.
2. if you have no firm plans or suoeivicing the suuject arcs,
ee you intend to:
a. Sell Or lease the land t0 someone nnu nas CLrTI
Plans?
d. Sell or lease the lane to someone Yro naa tentative
plans?
C. Sell or lease the lane to someone who Has no plans?
d. Keep it?
e. other (please state)
f. If you intend to do either a, t, or c, please alacorate
on the Kind of plans the other party nas. Please, also,
include in your answer approximateiy now soon after
approvai of your rezoning cc you expect to transfar the
suoject lane to another party.
3. cc you think that your request and your further plans
for the land will alleviate the local Housing situation? yes
How? By providing residential-sized lots on the market,
it should help increase the supply of available lots in
this area; in turn, it could have an impact on the
price of lots ...and ultimately, housing.
4. Are there any buildings on the subject area? no
If so, what kind?
What do you intend to do with those buildings if your
request is approved?
-2-
5. Is cne suoject land currently being used for any
agricultural accivitity? yes
if so, please list one KLnds of products grown and on
now many square feet or acres of land per ,product.
It is used for limited cattle grazing. There is no intensive or
active agricultural use of the property.
6. To your nnowledge, nas tnere been any flooding arc/or No
drainage problem an one suoject area?
If so, please describe the problem.
It should be noted,however, that the north end has been
determined to be within Zone AE. Please see planning report
for further discussion on this issue.
7. Do you thinx that the roads leading to one suoject area
needs improvement? No
if so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
8. what sort of governmental assistance and/or improvements
do you feel will oe needed in the suoject area when
developed?
yes No
a. Schools x
b. Rcacs x
c. Sewer x
d. Drainage x
e. Police Protection x
-3-
yes NO
f. Fire Protection x
x
g. Recreationai Facilities
x
n. Pubic Utilities
i. Other x
For those checked "yes," please elaeorate what type or <incs of
improvements and/or assistance are needec.
Signature:
Accress: P.O. Box 599 Holualoa,HI 96725
Teiephone: (808) 329-2675
Date: Dec. 30, 1997
-4-
5337A/50A
I `l ~,9,i
COUNTY ENVIRONMENTAL REPORT
STATE LAND USE and COUNTY REZONING REQUEST
ROBERT S. NACKOWSKI
TAX MAP KEY: (3) 7-5-10: POR. 4
PUAA 2nd, NORTH KONA, HAWAII
I. INTRODUCTION
The applicant, Robert S. Nackowski, is requesting a 14.989 acre portion of a 56.902
acre parcel to be reclassified into the Rural District and subsequently rezoned from
Agriculture (A-5a) to Residential-Agri culture (RA-.5a) in Puaa 2nd, North Kona,
Hawaii. (See Figure 1) The property is located on the makai side of the Hienaloli-
Kahului Road, about 1,500 feet north of the Road's intersection with Hualalai Road.
If approved, the applicant intends to subdivide the 14+ acre portion into 15
residential-agri culture lots ranging in size from 1/2 acre to 1+ acre. The balance of
the parcel consisting of 42+ acres would continue to be used by the applicant for
cattle grazing.
IT. PROJECT LOCATION
The project area is located at the eastern end of the 56+ acre parcel that extends from
Kuakini Highway to the Hienaloli-Kahului Road in North Kona, Hawaii. More
specifically, it is located on the makai side of the Hienaloli-Kahului Road, immediately
adjacent and north of the Hualalai Colony Subdivision (See Figure 2).
The site is approximately 1,000 feet north of the intersection of Hienaloli-Kahului
Road and Hualalai Road. This intersection is approximately one mile from the
intersection of Hualalai Road and the Kuakini Highway (Highway 11).
Although the parcel consists of 56+ acres, the requested zoning covers only 14+
acres.
HI. PROJECT DESCRIPTION
A. Project Concept and Components
The previous landowner intended to subdivide the entire parcel into ten (10)
5+ acre lots. A subdivision application was filed (File No. 89-142). Since
then, tentative subdivision approval has been granted and construction plans
have been prepared and subsequently approved by the County in 1994. The
subdivision is still pending with the County.
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The applicant recently acquired the property and examined alternative uses for
this site. While the 5+ acre lot subdivision represents an option, the applicant
believes that creating some 1/2 acre to l+ acre lots in this area would better
serve the community's housing and land needs.
As such, the applicant is proposing to subdivide the property into t 5
residential-agri cultural lots. These lots would range in size between 1/2 acre
to over 1 acre (Figure 3). The remaining 42+ acre lot would be retained by
the applicant, who intends to continue the cattle grazing activity. Access to
the larger parcel would also be through the proposed subdivision road.
Although the main road would be built to County dedicable standards, it
would be kept private and maintained by the respective lot owners.
It is understood that the subdivision plan submitted herein may change prior to
receipt of final subdivision approval to accommodate County subdivision
requirements, appropriate conditions of approval, and marketing demands.
B. Project Timetable and Cost
The applicant hopes to secure the necessary State Land Use and County
rezoning approvals as soon as possible and begin the subdivision and
development process immediately thereafter. Tentatively, plans call for having
the lots on the market by the end of 1998 or early 1999.
The estimated cost of the improvements is estimated at $1 million.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject area is designated Agriculture. To effectuate this project, a 14+
acre portion is being requested to be reclassified into the Rural district. The
balance of the property would still be left in the Agriculture district.
Based on the size of the requested area, no State Land Use Commission
action is required. The County of Hawaii can process both the boundary
reclassification and zoning requests.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide (LUPAG) map
designates the site Extensive Agriculture with the Urban Expansion overlay.
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The Extensive Agriculture designation refers to pasturage and range lands.
This site also has the Urban Expansion overlay. This overlay allows for a mix
of high density, medium, and low density uses. Based on the requested
Residential-Agriculture zoning, the project would be consistent with the
General Plan and no amendments would be required.
C. Draft Kona Regional Plan
This plan attempts to further define the General Plan and serves as a guide for
decision-makers. It was adopted by the Planning Commission in 1984. It has
not, however, been adopted by the County Council.
The Land Use Concept map of this plan identifies a Res-4 designation for this
area. This designation suggests residential uses, up to four (4) units per acre.
The requested RA-,5 zoning would be consistent with this designation.
D. County Zoning
The County zoning of the subject area was Unplanned, which allowed for a
minimum of 5-acre lots. With the adoption of the new Zoning Code and the
subsequent elimination of the Unplanned category, the site de facto, became
zoned Agriculture (A-5a).
If approved, the site would be subdivided in a manner meeting with both the
Zoning and Subdivision Codes. Further, all uses and standards consistent with
the requested RA-.5a zone would be adhered to.
E. Other Permitting Considerations
The site is not located within the County Special Management Area (SMA).
As such, no SMA Use Permit would be required.
However, as noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, Underground
Injection Control (UIC) permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The elevation of the site ranges approximately between six hundred fifty (650)
to seven hundred (700) feet above mean sea level.
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The mean annual rainfall in this area ranges between 50 and 75 inches. The
wetter months tend to occur between October through April. The mean
annual temperature is about seventy five (75) degrees Fahrenheit, with the
warmer months during the summer. Because the site is situated on the
leeward side of the island, wind tend to be light and variable. Slight easterly
winds occur during the day, while westerly or mountain winds are prevalent
during the evenings.
The entire parcel is generally rectangular in shape, and likewise, the project
area is generally rectangular. However, it has a wider frontage at the
Heinaloli-Kahului Road end (738 feet) than at the bottom of the project site
(654 feet). Its length is approximately 1,200+ feet
The site is vacant of any structures. It is presently being used for cattle
grazing
B. Soils and Topography
The topography of the site slopes slightly in a mauka (east) to makai (west)
direction. There is a gradual 10 to 15 percent slope from the Hienaloli-
Kahului Road to the end of the project area.
The US Department of Agriculture Soil Conservation Service Soil Survcy
Report classifies the soil to be of the Waiaha series, specifically, the Waiaha
extremely stony silt loam (WHC). This series is characterized by very dark
brown stony/soil. Permeability is rapid, runoff is slow, and the erosion hazard
slight. The subsoil is neutral to mildly alkaline. This type of soil was typically
used for cattle grazing.
The Land Study Bureau Overall Master Productivity Rating for the subject
area is Class "E" or poor. This suggests the site does not have good
productivity potential for agricultural crops. It is of the Waiaha Soil Series,
with shallow soil. The soil texture is medium, the color is dark brown; and the
parent material is volcanic ash. It is well drained, and because it is rocky with
frequent outcrops of pahoehoe, it is not suited for machine tillability.
The State of Hawaii's Agricultural Lands Of Importance to the State of
Hawaii (ALISH) maps does not classify this site as being either "prime,
unique, or other" agricultural land.
C. Natural Hazards
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1. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates most of the project site to be located in Zone X, areas
outside the 500-year flood plain. However, there is a portion that is
designated AE, areas within the 100 year flood. This is a part of the
Waiaha Drainageway.
In conjunction with the existing 5-acre subdivision plan, construction
plans were prepared and subsequently approved by the County. The
approved plans reflect a drainage easement that begins near the
northern, mauka boundary of the subject parcel and eventually
bisecting the parcel. (See Figure 4).
The applicant's consulting engineer is now working with the County
Department of Public Works to relocate this easement to run along the
northern boundary of the entire parcel.
It should be noted, however, that within the project area (14+ acres),
the drainageway does not significantly affect the proposed lots. As
such, drainage systems can be developed at the time of subdivision
review to address the AE designation of the FIRM map.
2. Tsunami Hazard
As the site is located over L6 miles from the ocean, it is located
outside of the Civil Defense's Tsunami Evacuation Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the area as
Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The
populated area of Kailua-Kona also fall in this category, while the City
of Hilo is classified Zone 3. There is very little that can be done to
mitigate this situation and reflects an ongoing threat to all residents
and businesses in these areas.
The entire island of Hawaii falls within Earthquake Zone 3, according
to the County Building Code. As such, certain structural requirements
will be needed and taken during the building permit process to address
this seismic hazard.
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D. Flora/Fauna
Although there were no professional surveys conducted of the floral or faunal
resources of the site, the applicant does not believe that rare or endangered
floral or faunal resources are likely to be found within the subject site.
The site has already been cleared by bulldozers in the past. Further, the site
has been and continues to be used for cattle grazing. A visual inspection of
the site, however, notes that the undergrowth overwhelmingly consists of
grass, with occasional patches of lantana (Lantana camara) and Christmas
Berry (Schinus terebinthifolius. Mango and monkeypod trees were also
observed.
Thus, floral impacts should be minimal.
E. Historic/Archaeological Resources
In October of 1997, an archaeological inventory survey was conducted of the
subject area by William Barrera, Jr. (See Appendix A). The study noted
that the only things observed were features related to cattle ranching. This
was due in part to the possible destruction of historical features by bulldozing
prior to 1964.
The report thus concluded that "The three sites that were recorded all date
from modern ranching activities, and are of significance only for their
information content relating to those activities. The present recording
constitutes sufficient data recovery, and any adverse impacts posed by the
development of the property have therefore been mitigated.
Nonetheless, during the course of developing the subdivision, should any
unanticipated archaeological features or sites be uncovered, work will cease
and the applicant will immediately notify the Planning Department.
F. Water and Coastal Resources
The subject site is located well over 1.6 miles from the coastline. As such,
coastal impacts resulting from discharge of wastewater systems from the site
should not be significant. Further, being a non-coastal property, no coastal
access will be affected.
As the wastewater from the project will be serviced by sewer system meeting
with the approval of the Department of Health, septic tank or related system
meeting with the approval of said agency will be done by the respective
6
property owners at the time of issuance of a building permit for the proposed
lots.
G. Noise, Air Quality, and Dust
The Hienaloli-Kahului Road will serve as the major thoroughfare in this area.
This Road connects to the HualaW Road, which in turn connects to the
Kuakini Highway about a mile away.
The existing ambient traffic level in this area is quite low. As such, the
corresponding noise level is quite low. With the completion of this project,
the noise level is not anticipated to increase significantly.
There will, however, be short term noise impacts associated with the
construction of the infrastructure for the proposed subdivision. Contractors
will be required to comply with appropriate noise and related mitigation
measures of the State Department of Health.
The proposed development should not generate any direct air unlit impacts.
The only discernible air quality impact could be associated with the vehicular
traffic to and from the site. While there will be an impact to the ambient air
quality, the impact should not be significant. With higher EPA standards for
automobile air emissions, the air quality impact should thus hopefully not be
significant.
As such, with the exception of construction dust in the beginning, long term
dust generated by the project should be minimal. Construction dust, however,
like construction noise will have to comply with the State Department of
Health's regulations.
H. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas
listed as being a scenic resource. The subject site is not listed as a scenic site.
However, there were a few examples cited within the Keaau area. These
included the royal palms fronting Keaau School and the views of Mauna Kea
and Mauna Loa from major roadways.
The proposed development would not have any visual impacts on those and
other listed scenic resources in the area. The site is located makai of the
Keaau by-pass, and as such, will not affect any of the views to the two
mountains.
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VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The mixture of land uses in this area suggests an area in transition. The
transition is from cattle grazing to a variety of residential and rural
subdivisions.
Adjacent and to the south of the project area, there is the Hualalai Colony
Subdivision. The top portion of this subdivision consists of 1/2-acre sized
lots, while the lower end has lots that approximate 15,000+ square feet in size.
There are two (2) subdivisions mauka of the project area with lots that
average 1-acre in size. Further north is the Kailua View Estates Subdivision,
with lots averaging 15,000+ square feet.
Given the above, the mixture of uses suggests an area in transition, and the
proposed development would not be incongruous with the emerging
residential pattern.
B. Economic Impacts
The requested zoning would have some measure of economic impact, as it
would make fee simple lots available to individuals wishing to live in this part
of Kona. In turn, it would minimize the pressure to utilize more important
agricultural properties along the Coffee Belt, and thereby impacting an
important industry.
Further, there will be some short-term construction activity. And this, could
help with the area's economy.
C. A2riculturalImpacts
The site has not been used for intensive agricultural activity. It has been used
essentially for cattle grazing. While this use could continue, it may not be a
productive use of the land, given the emerging residential pattern in the area.
More importantly, the land has not been classified as being important from an
agricultural resource perspective under the various soil classification systems.
It is classified as "E" or very poor by the Land Study Bureau and not even
classified under the ALISH system.
Because of the site's location (middle-North Kona) and elevation (600-700
feet), it represents a fairly attractive area for residential projects. As such, it
9
could reduce pressures for the development or non-agricultural use of the
better agricultural lands in and around Holualoa and the rest of the Coffee
Belt. In so doing, it would indirectly be helping or furthering the agricultural
objectives of the County.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the project would be via the Hienaloli-Kahului Road. This County
road has a right-of-way of forty (40) feet to fifty (50) feet, particularly
between the subject site and the Road's intersection with the Hualalai Road.
The pavement width is also twenty (20) or more feet, which meets with the
County's requirement. Much of these improvements and the securing of the
additional rights-of-way were done in conjunction with the development of
other properties in the area.
Within the project itself, the roads will be constructed to County dedicable
standards, although it will be kept private. The improvements will be done in
conjunction with the subdivision approval process.
B. Water
There is an 8-inch County water line fronting the Hienaloli-Kahului Road.
According to discussions with the Department of Water Supply, water for the
proposed 15 lot (plus the 41+ acre remnant lot) subdivision would be available
from this line.
It is also the applicant's understanding that should there be further
development of the makai 41+ acre lot, then, additional water improvements
(such as reservoir and pressure pumps) may be needed.
C. Wastewater
There is no County wastewater system in this area. As such, a septic tank
system meeting with the approval of the Department of Health will be
allowed. This will be done by the respective lot owners at the time of actual
construction of the residences.
D. Solid Waste
Solid waste will be handled through a commercial haulers or the individual
homeowners into authorized landfill sites or transfer stations.. With the
9
requested RA zoning, the potential for uses with toxic or related chemical
waste would be minimal, if at all.
E. Other Government Services
As this area is already part of the North Kona urban area, it is already being
serviced. No extension of government services would be required. The Fire
Stations are located both at Keauhou and Kailua, approximately two (2) miles
away. The Police Station is located at Kealakehe, approximately three (3)
miles from the subject site
Elementary schools are available at Holualoa, Kealakehe, or Kahakai.
Intermediate and High Schools would be available at Kealakehe,
approximately five (5) miles away.
County parks are available in Kailua, Keauhou, and Kealakehe.
As such, the project should not result in the extension of any government
services. Further, the required public facilities are located reasonably
proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services, are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the requests were denied, the short term use of the site would probably be
an undeveloped tract of land and used for cattle grazing. There could also be
the possibility of continuing with the 5-acre lot subdivision. In that event, the
tots would be large residentially-oriented lots.
Given the transitional nature of the area, the retention. of the Agriculture (A-
5a) zoning may not result in the best development of the site. There would be
large lots, which - because of its resource characteristics - may not be capable
of supporting intensive agricultural activities. At the same time, pressures
could occur on the conversion of lands currently being used for more intensive
agricultural activities in the mauka Holualoa area.
10
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Given those conditions, it may be more prudent from a land use perspective to
more effectively utilize the project site to satisfy a rural/residential lot demand
than to subdivide them into large lots. The projected use could indirectly help
retard the pressures for the unnecessary conversion of good agricultural lands
for residential activities.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not result in
an irreversible commitment of natural or archaeological resources.
C. Mitigative Measures
The applicant intends to provide the required on-site infrastructure in
conjunction with the subdivision process. At the same time, the drainage issue
will be mitigated, as plans meeting with the requirements of the County would
have to be implemented.
Should unanticipated archaeological finds be discovered during the
construction of the project, work will stop (as is required by the State and
County) and clearance secured before work will resume.
As the site is presently vacant, no person or businesses would be dislocated.
D. Alternatives to the Proposed Project
1. No Project
Under this status quo alternative, the site will either remain in its
present condition or be developed into a 5-acre lot subdivision.
This alternative would result in short-term construction impacts (noise,
dust, traffic) resulting from the renovations and parking improvements.
Additional vehicular traffic, although not significant, resulting from the
ultimate uses within the site would also be present.
The site, however, would not be utilized to its fullest potential, given
the mixture of land uses in this area.
2. Alternative Residential Density
Under this alternative, the applicant could seek a RS-15 or RS-10
zoning. This would be generally compatible with the land use goals of
I1
the Draft Kona Regional Plan, and it would not require a General Plan
amendment.
However, there may be a need for extensive water improvements to
accommodate the additional density. Nonetheless, the applicant could
elect to develop the property in phases, and make the improvements as
density requires it.
Such an approach, however, may not be compatible with the existing
1/2 acre to I-acre developments in the general area.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure would
not appear to be pronounced. Certain mitigative measures, particularly on-site
drainage, will be taken to address any possible impacts associated by the
development of this project. Further, the project would be consistent with the
land use objectives sought to be accomplished by the County General Plan
LUPAG map.
In view of the aforementioned, it would appear that none of the alternatives
would be more prudent and beneficial than the requested RA-.5a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive development of
the island of Hawaii. It provides direction for balanced growth in the County.
The LUPAG map designates the site Extensive Agriculture, with an Urban
Expansion overlay. These designations allow the requested RA-.5a zoning.
It should be noted that a density of 4 units per acre (or RS-10) could have
been considered. As such, the project would be significantly less than what
could be allowed and is thus consistent or supportive of the LUPAG map.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies, and
standards of the General Plan document.
For one, it would provide short-term economic opportunities largely through
the construction of the subdivision. Some limited longer-term opportunities
12
could be created, largely in the area of maintenance of the private roads and
landscaping. The project should also add revenues to the County and State
coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage of wind
patterns.
Maintaining and improving the quality of the environment is important to the
success of this project. The General Plan identifies five (5) areas of
environmental concerns - air pollution, water quality, soil pollution, solid
waste disposal, and noise pollution. As proposed, the project would not be
violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the project
should be negligible. Cesspools would not be used, and instead a septic
system or other alternative individual wastewater system meeting with the
State Department of Health will be used to address potential groundwater and
coastal water concerns. If required, a solid waste management plan could be
prepared and implemented. The project will also not be a noisy one, as
residents would come to this area to enjoy its tranquillity. Any noise-
generating facility - such as air conditioners - would be carefully placed to
minimize their noise impacts.
Although a portion of the project area is designated as a floodway (Zone AE)
on the FIRM maps, it does not affect the development and/or use of the site.
Further, in conjunction with the subdivision review process, a drainage system
will be developed and implemented to address these concerns. This system
will be designed in a manner to protect the property as well as to minimize the
volume of surface runoff generated by this development.
The site does have historic sites. However, as it has been bulldozed, the
remaining sites are of recent vintage - sites associated with the cattle grazing
of the site. Nonetheless, work will cease if unanticipated archaeological
remains are discovered during the construction of the project, and work will
resume only after proper clearances from the State and/or County have been
received.
Being previously intensively used, the prospects of the site serving as a
habitat for rare or endangered plant or animal life appear remote.
The project will create additional houselots. It should help to diversity the
type of houselots in the region, while reducing pressures for the premature
13
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conversion of the area's better agricultural lands. In so doing, it would
implement the housing element of the General Plan.
The Plan also emphasizes that developments be mindful of an area's natural
beauty. In this situation, the project will be designed in a manner so as to
have it blend as much as possible with the existing terrain.
As the project site is more than 1.6 miles from the ocean, the usual coastal
resources concern is not pronounced. There will be interference with
shoreline access. Then, too, through the use of septic system, impacts to the
coastal water will be minimized.
There will be little impact to public facilities. The wastewater system will be
private. The water system will be developed in a manner meeting with the
requirements of the Department of Water Supply. Vehicular access to the site
is already fully improved. Schools and other public facilities are also located
proximate to the site, most of them being less than three (3) miles away.
Finally, in terms of Land Use, the project would be consistent with the
LUPAG map. It would also be generally compatible with the surrounding
area. There are I-acre lots mauka of the site; 1/2 acre to the south; 15,000+
square foot lots further south and part of the Hualalai Colony Estates
subdivision, and the Kailua View Estates Subdivision with its 15,000+ square
foot lots further north.
C. Zoning and Subdivision
The designated zoning of the site is "Unplanned." However, as the recently-
adopted Zoning Code eliminated that designation, the de facto zoning of the
site has been determined to be Agriculture (A-5a). This would suggest one
unit for every five acres of land, and tentative subdivision approval for such a
project has already been approved.
However, if the requests are approved, the applicant intends to abandon the 5-
acre lot subdivision and proceed with the creation of fifteen (15) 1/2 and l+
acre lots. The balance would be retained by the applicant, who would
continue the cattle grazing activity.
The requirements of the zoning and subdivision codes would be complied,
including use and related development standards.
14
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D. State Land Use Rural Standards
As the requested area covers less than fifteen (15) acres, the request can be
processed by the County. Pursuant to the Planning Commission Rule No. 13,
the request must meet certain standards. These standards and their
justification follow:
1. Conformity to the General Plan
The project's relationship and conformity are demonstrated in sections
IX A and B above.
2. Relationship to State Land Use Rural District Standards
It should be noted that this site could fit the criteria or standards for
either the Rural or Urban district. However, given the requested lot
size (1/2 acre) and the transitional nature of this location (with the
mauka area more agricultural and the lower area more urban), the
preferred and requested designation is Rural.
a. Small Farms
While there are no small farms in the immediate vicinity, there
are such farms further mauka in the general area of Holualoa.
However, this area represents a suitable transitional area
between the agricultural communities along the old Mamalahoa
Highway and the more urban communities fronting Kuakini
Highway.
As such, from a land use and density perspective, the requested
size (1/2 acre) would provide a needed buffer and transition
between the agricultural and urban areas.
b. Characterized by Low-Density Residential Lots
Lots in this immediate area are typically one-acre to 1-acre in
size. The only exceptions would be the second phase of the
Hualalai Colony subdivision and the Kailua View Estates
Subdivision where there are 15,000+ square foot lots. The
Kailua View Estates Subdivision is not immediately adjacent to
this project, and access is principally taken off of the Kuakini
Highway and not the Hienaloli-Kahului Road.
15
While the project area is proximate to urban type of services,
there are really no "city-like" concentrations of people,
structures, and so forth immediately adjacent to the site.
C. Surrounded by Similar Designations
The surrounding designations are either urban or agriculture.
As such, this area represents an area in transition.
Nonetheless, it would be possible to have some limited
backyard agricultural activity, particularly those that are not
too reliant on extensive soil - like fruit trees and ornamental
plants.
More than the classification itself, the surrounding and
emerging uses in this vicinity would make the requested project
a compatible one.
16
s s
APPENDIX A
s c
Puaa, North Kona, Hawaii Island:
Archaeological Inventory Survey
TMK (3) 7-5-10: Por. 4
October 1997
Prepared for Robert Mackosky
By William Barrera, Jr
S
INTRODUCTION
An intense c archacolovic l site inventors surve} was conducted on approximateh 15 acres at Puaa_
Noah Kona. Ha\~au Island (TMK (3) 7-~)-10: Por- 4).The project area is Iocated at the cast end of a 56
acre parcel that c\iends from Kuakini HighHav to the Hienaloli-Kahului Road, which forms the cast
boundarn of the sun c\ area- It lies approximateh 1.6 miles from the ocean at an elevation of between
600 and 700 fcci
LL h,IN1
0 5 ~C 10 MLLES
}JONOKAA
L'A f~AIH/-L -
MAUNA KEA
S 746
X
Ku,HOLe Project Area HI LU BAY
I
CAPE
KUMJKAH
x
KEALAKEI; JA MAUNA LOA _
HAL E675 _ uue,.n r.a.
V
SLNTH POINT
Figure 1. Hawaii Island, Showing Location of Project Area
PAGE I
1 4
a
v3Ca6ilua
o Mee~Ma iw~. °.A wa ~ fir' Y` com ~ . J ~ l _
^a a _
y
Lanfake`&p,~„~
o y - A~
wr
er )
mlo* M ks
W,_.nS w c TaPks
;w"s e_oo
V~HiPoie OP.D U L t
y Fanv,lNV B~~' - v~Figure 3. Portion of USGS Kailua Quadrangle, Showing Location of Project Area
e...... 3T
-A
A
.>o t I
/ 7 4 4 \
se.o~z
cT << ,q rP. 4 3 l
,r.
, T
Figure 2. Portion of Tax Map (3) 7-5-10, Showing Location of Project Area
PAGE 2
PROJECT AREA ENVIRONMENT
Tl1e project area consists of pahochoe bedrock sloping gently to the west. Annual precipitation is between
50 and 75 inches I Amrstrong IQ R3 63]. Undergrowth consists overwhelmingly of grasses that stand to a
height of eight feet- ith occasional small patches of Lantana [Lantana camara]. The property is dotted
kith occasional Christntasbcrn [Schinus terehinthifolius], mango [Mangifera indica]. opiuma
IPnhecellohnnn dnh c and monkcvpod [Samonea roman] trees. The vegetation pattern suggests that
bulldozing has occurred. and inspection of an A.D.1964 aerial photograph indicates that this took place
prior to that ccar
METHODOLOGY
The fieldN%ork ~\as completed by one person in fiN e days in September and October of 1997. Sun,e}
s%\ cops spaced at a distance of approximatel} 15 meters were conducted, and the area around the bases of
the trees that had not been bulldozed were inspected to see if any sites beneath them had also been spared.
Only three sites N\ ere found- These w ere recorded- photographed and mapped using tape and compass to
measure distance and bearing- No excavations were conducted.
U nU MID METERS
a
0 100 200 300 FEET
n.
Figure 4. Map of Project Area, Showing Location of Sites
RESULTS
Based on precious findings at this elevation in North Kona. it was expected that there would be extensiNe
remains of the Iona Field S% stem. NNhich includes rock mounds. k7twivi. cross-walls. permanent and
PAGE 3.
f
tomporan habitation sites and graves. However. the virtual IN complete bulldozing of the propert} pnor to
A D,1004 remoN cd am such remains. What was left were a complex of features related to cattle ranching.
as follows.
HRHP 21278
This is a stone rctnnmg w all measuring 1.50 by 18.0 meters and standing to a height of 13 meter. It is
built against a hillside to an angle formed by ajog in a ranch wall, thereby forming a terraced enclosed
area measuring I I S b} 19 0 meters, A small enclosure measuring 8.60 by 8.90 meters is situated on the
opposite side of the ranch w all. Cultural remains present include wooden planks, round galvanized nails.
Sheets of cormgatcd iron roofing and concrete post footings.
This location is indicated on the USGS Kailua Quadrangle as a water tank. and it was no doubt associated
w ith cattle ranchin-, pursuits. The date of publication of the map indicates that the feature was in use at
Icast as late as A D 19x4
HRHP 21279
This is a three-sided stone structure situated on a bedrock outcrop at the end of a historic ranch wall. The
stricture measures 4.80 b\ 6.80 meters. and stands to a height of as much as 1.6 meter. The side walls are
0 90 meter in w idth. the back or connecting wall is 1.20 meter wide. The walls are constructed of
pahochoc blocks measuring for the most part about 0.40 meter in length. although a few measure as much
as 1.0 meter in lerwth The interior is paved with flat pahoehoe slabs measuring up to 0.50 meter in
I cngth.
The lack of prehistoric ruddcn and artifacts, and the massive nature of its construction compared to its
oNerall size indicate that the structure was probably an animal pen associated with cattle ranching on the
parcel.
HRHP 21280
This number has been applied to the complex of stone walls located in the project area. These functioned
piimarih as lit cstock control devices- with the ones on the north and south sides having the additional
function of margin the ahupua'a boundaries. Thee are all similar and follow the same pattern of do
masons construction, tN picalh measuring about 0.90 meter in width and height. This varies from place
to place- dcpcndmg upon the local ground and slope conditions, and any individual wall may attain a
height of 1 20 or I iO meter in places
SIGNIFICANCE
1 htfortunatch . all trace. of arc prehistoric or early historic activity on the parcel were destroyed b}'
bulldozing prior to AD 1064. The three sites that were recorded all date from modem ranching activities.
and are of significance onh for their information content relating to those activities. The present
recording constitutes sutficicm data recoven_ and am adverse impacts posed by the development of the
properiv have therefore bccn mitigated-
PAGE 4.
3
Bibliography
Armstrong. R \A'nmid,
198" Alht, of Hum (m University of Hawaii Press. Honolulu.
y
,z
PAGE i.
y
BNac ko01. e=\rhy-04\07\98
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ROBERT S. NACKOWSKI
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 974)
CHANGE OF ZONE. APPLICATION (REZ 97-20)
ROBERT S. NACKOWSKI has submitted applications for a State Land Use
Boundary Amendment from an Agricultural to Rural District and a Change of Zone by
changing the district classification from Agricultural (A-5a) to Residential/Agricultural
(RA-.5a) for approximately 14.989 acres of land. The project site is located on the west
(makai) side of Hienaloli-Kahului Road, approximately 1,500 feet north of the its intersection
with Hualalai Road and adjacent and north of the Hualalai Colony Subdivision, Puaa 2nd,
North Kona, Hawaii, TMK: 7-5-10: Portion of 4.
GENERAL INFORMATION
1. Land Ownership: Koski Enterprises, Inc. is the fee owner of the subject property.
PROPOSED DEVEL.OPMFNT
2. Request: The applicant is requesting the land use changes to allow the development of
15 lots ranging in size from half acre to one acre on 14.989 acres of a 56.902 acre
parcel. The remaining 42.9, acres would be retained by the applicant in the
agricultural zoned district and continued to be used for cattle grazing. Access to the
larger lot would be through the proposed subdivision road.
3. Preliminary subdivision plan: The previous landowner intended to subdivide the
entire parcel into ten (10) 5+ acre lots. Subdivision Application No. 89-142 received
tentative subdivision approval, and construction plans were prepared and approved by
the County in 1994. The subdivision application is pending final subdivision approval.
4. Objectives: "The applicant recently acquired the property and examined alternative
uses for this site. While the 5+ acre lot subdivision represents an option, the applicant
believes that creating some 1/2 acre to 1+ acre lots in this area would better serve the
community's housing and land needs.
"As such, the applicant is proposing to subdivide the property into 15 residential-
agricultural lots. These lots would range in size between 1/2 acre to over 1 acre
(Figure 3). The remaining 42+ acre lot would be retained by the applicant, who
intends to continue the cattle grazing activity. Access to the larger parcel would also be
through the proposed subdivision road.
"Although the main road would be built to County dedicable standards, it would be
kept private and maintained by the respective lot owners. It is understood that the
subdivision plan submitted herein may change prior to receipt of final subdivision
approval to accommodate County subdivision requirements, appropriate conditions of
approval, and marketing demands."
5. Supportive Information: The applicant has submitted the following in support of the
request: (See Exhibit A - Excerpts from State Land Use Boundary Amendment and
Change of Zone Applications dated December 30, 1997)
STATE & COUNTY PLANS
6. SLUC: Agricultural.
7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The project site
is designated as Urban Expansion, which allows for a mix of high density, medium
density, low density, industrial and/or open designations in areas where new
settlements may be desirable, but where the specific settlement pattern and mix of uses
have not been determined.
8. General Plan Consistency: Economic, Housing, Land Use Residential Elements
goals, policies and courses of action for North Kona.
9. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Socio-Cultural
Advancement (Housing) objectives and policies.
10. County Zoning: The property is currently zoned Agricultural - 5 acres (A-5a).
11. Kona Regional Plan: Residential (RES-4). This designation suggests residential uses,
up to four (4) units per acre.
-2-
12. SMA: The subject property is not situated within the Special Management Area
boundary.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
13. Property: The entire parcel is a rectangular shaped lot. The site is vacant of any
structures and is presently used for cattle grazing.
14. U.S.D.A. Soil Type: The soils within the project area are classified by the U.S.
Department of Agriculture, Soil Conservation Service, as Waiaha series, extremely
stony silt loam. This soil consists of well-drained silt loams that formed in volcanic
ash. These soils are nearly level to moderately steep and most area are extremely
stony. They are on uplands at an elevation ranging from near sea level to 1,000 feet.
The surface layer is very dark brown extremely stony silt loam about 4 inches thick.
The subsoil is dark brown very stony silt loam bedrock. The substratum is pahoehoe
lava bedrock. The surface layer is slightly acid. The subsoil is neutral to mildly
alkaline. Permeability is rapid, runoff is slow, and the erosion hazard slight. This type
of soil is typically used for pasture.
15. ALISH: The property is "Unclassified" on the State Department of Agriculture's
Agricultural Lands of Importance to the State of Hawaii (ALISH) Map.
16. Land Study Bureau's Detailed Land Classification System: Soils within the subject
property are classified as "E" or Very Poor for agricultural productivity.
17. Fauna\ Flora Resources: No professional surveys for fauna or flora were conducted
on the parcel. However, the applicant does not believe that rare or endangered faunal
or floral resources are likely to be found on the site. The site has been cleared by
bulldozers in the past and has been and continues to be used for cattle grazing. A
visual inspection of the site notes the undergrowth consists of grass, with patches of
lantana and christmas berry. Mango and monkeypod trees were also observed. Floral
impacts should be minimal.
18. Archaeological Resources: The property was grubbed and bulldozed in 1964. An
archaeological inventory survey was conducted in October 1997 by William Barrera Jr.
The study concluded that "The three sites that were recorded all date from modem
-3-
ranching activities, and are of significance only for their information content relating to
those activities. The present recording constitutes sufficient data recovery, and any
adverse impacts posed by the development of the property have therefore been
mitigated." Thus, the proposed action will not have any effect on significant historic
sites.
19. FIRM: The Federal Emergency Management Agency Flood Insurance Rate Map
(FIRM) designates the most of the property outside of the 500-year flood plain
(Zone X). A portion of the property which is a part of the Waiaha Drainageway is
designated Zone AE, areas within the 100-year flood.
20. Surrounding Zoning/Land Uses: The surrounding area consists of a mixture or
single-family residences and vacant lots. The zoning pattern in the vicinity is a mixture
of Agricultural -1 acre (A-la) to the east, Agricultural - 5 acres (A-5a) and Single
Family Residential (RS-15) immediately adjacent to the north and south, respectively.
The subject parcel is situated adjacent to and north of the Hualalai Colony Subdivision
which consists of 50 - 15,000 square foot lots. This subdivision is in the State Land
Use Urban District and the County's Single Family Residential-15,000 square foot
(RS-15) zoned district. Kailua View Estates and Kona Heights Subdivisions are located
further to the north and zoned RS-15. Lands further to the west on the makai side of
Queen Ka'ahumanu Highway are zoned Multiple Family Residential (RM-4).
PUBLIC FACILITIES AND SERVICES
21. Access: Access to the project site is provided by Hienaloli-Kahului Road, a two-lane
County roadway, which has a pavement width of 20 feet within a 40-50 feet right-of-
way.
22. Water: There is an existing 8-inch County waterline along Hienaloli-Kahului Road,
approximately 400 feet from the property.
23. Wastewater: There is no municipal sewer system in the area. Any wastewater
disposal system would be required to meet the requirements of the Department of
Health.
24. Utilities: Electrical and telephone services will be made available to the property.
-4-
k
AGENCIES' COMMENTS
25. Police Department (January 22, 1998 Memo):
"We have reviewed the above-referenced applications for a State Land Use Boundary
Amendment and a Change of Zone and do not believe the requests will negatively
impact traffic safety or police services in the area."
26. Real Property Tax Office (January 21, 1997 Memo):
"The above referenced has received a preferential agricultural use assessment for over
ten years. As such, it is subject to a rollback tax plus penalty in the event of a zoning
change from agricultural to urban or ag to rural or a subdivision into parcel sizes of
five acres or less."
27. Department of Health (January 14, 1998 Memo):
"Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm
run-offs from the proposed development need to address the requirements of Chapter
23, Hawaii State Department of Health Administrative Rules, Title 11, 'Underground
Injection Control.'
"The subject lots are located in a Non-Critical Wastewater Disposal Area where
cesspools are allowed under the current rules. However, no new cesspools will be
allowed to be constructed within a 100-yr. Flood plan (sic).
28. Department of Land and Natural Resources (January 21, 1998 Memo):
"We have no comments."
29. State Department of Transportation-Hawaii District (March 31, 1998 Memo):
"No additional storm discharge shall be allowed onto the State's right-of--way."
30. Department of Public Works: (See Exhibit B - March 18, 1998 Memo)
31. Department of Water Supply: (See Exhibit C - January 20, 1998 Memo)
32. Fire Department: (See Exhibit D - January 16, 1998 Memo)
33. Land Use Commission: (See Exhibit E - January 23, 1998 Letter)
34. State Department of Transportation-Honolulu: (See Exhibit F - April 6, 1998
Letter)
35. Applicant's Responses to agencies comments: (See Exhibit G - February 2 and 27,
1998 Letters)
-5-
AGENCIES- NO RESPONSE
36. HELCO and Department of Agriculture
PUBLIC COMMENTS
37. The Department has not received any objections from the general public or adjacent
landowners on the subject applications.
-6-
0
COUNTY OF HAWAII PLANNING DEPARTMENT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
APPLICANT: Robert S. Nackowski
APPLICANT'S SIGNATURE:
MAILING ADDRESS: P.O. Box 599
Holualoa, HI 96725
TELEPHONE: (BUS)_ (808) 329-2675 (HOME)
9
LANDOWNER 4i Z/Ij Koski Enterprises, Inc.
LANDOWNER'S SIGNATURE: President
TAX MAP KEY: (3) 7-5-10: por 4
LAND AREA: 14.989 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
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- footQ=t,~tion map requested under B.3,
above. Ell 1,
V tLNr
0400q
PD 2/25/87
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
PPLICANT: Robert S. Nackowski
PPLICANT'S SIGNATURE: DATE:12/30/97
,DD RESS: P.O. Box 599
Holualoa, HI 96725
LIST APPLICANT'S INTEREST IF NOT OWNER President/Sec-Treasurer of Company
that owns property
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS
Robert S. Nackowski, President and Sec/Treasurer
TELEPHONE-BUSINESS:(808) 329-2675 RESIDENCE:
REQUEST: Agriculture (A-5a) TO Residential-Ag (RA-.5a)
(Existing zoning) (Proposea zoning)
TAX MAP KEY: (3) 7-5-10: por 4
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.989 acres
LANDOWNER(S): Koski Enterprises, Inc.
OWNER'S SIGNATURE (see SLU Amen DATE:
(May be ""9"y ster)
AGENT: Sidney Fuke
ADDRESS: 100 Pauahi Street Suitp 7,17
Hilo, HI 96720
TELEPHONE-BUSINESS: (808) 969-1522 RESIDENCE:
Please indicate to whom original correspondence and copies should be
sent. ORIGINAL Sidney Fuke COPIES gnhprr S Nacknwski
(See Inst-uc_crs in Ba
A7TACHME., 17
Resicent_,i =~eroninc
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. if your request is approvec, co you intend to suocivice
the sudject iano in accordance with the approved cnange
of zone? yes
if yes, please answer the --as: of question 1 and then to
question 3.
a. How many acres of the requested area do you intend to
suocivice? 14+ acres
d. Into wnat lot sizes? 1/2 to 1 acre
c. If your request is approved, approximately now long
after the date of approval do you expect to suamit
your subdivision plans to the Planning Department
for preliminary approval? immediately
d. Oo you intend to build houses on the newly created no
lJts?
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lots
Total
Approximately now long, after approval of
the subdivision, would the first house oe
availaole for occupancy?
If you intend to subdivide, please suomit a
preliminary schematic subdivision plan together
with your change of zone application form.
2. If you lave no firm r_;sns 7i sUdd'_vio_nC~ G"le suU~eo_
cc you intent to:
a. seil or i.ease the land cc someone Nno .-,as 'irm
plans?
b. Sell or lease :ne 1anc to someone Nno nas tentative
plans?
C. Sell or lease the land to someone Nno nas no clans"
d. Keec it?
e. Otner (piease state)
f. if you intend to do eiCher a, b, or c, clease eiaeerate
on the Kind of plans the other party nas. Please, also,
include in your answer approximateiy now soon after
aoprovai of your rezoning do you expect to transfer the
suoject land to anotner party.
3. Do you Chink that your request and your further plans
for vie land Nill alleviate the local housing situation? yes
How? By providing residential-sized lots on the market,
it should help increase the supply of available lots in
this area; in turn, it could have an impact on the
price of lots ...and ultimately, housing.
4. Are tnere any buildings on the suojecC area? no
If so, wnat kind?
what do you intend to do with tnose buildings if your
request is approved?
-2-
J. Is suoject land Oeing USec fCr any
3ci1CU1tUr31 dCC;vltlty? yes
so, piease list Cne <:ncs of products groin and on
now many square feet or acres of land per product.
It is used for limited cattle grazing. There is no intensive or
active agricultural use of the property.
o. To your knowledge, nas tnere peen any floooing anc/or No
crainace proolem on the suoject area?
If so, piease cescrioe the proolem.
It should be noted,however, =hat the north end has been
determined to be within Zone AE. Please see planning report
for further discussion on this issue.
7. Do you tninK that the roads leading to the suoject area
needs improvement? No
if so, what kind?
Is the road adecuat for the proposed traffic volume
Yes
or load?
8. what sort of governmental assistance and/or improve..ents
do you feel will oe needed in the suoject area when
developed?
Yes No
a. Schools x
p. Roads x
c. Sewer x
d. Drainage x
e. Police Protection x
-3-
Y es No
f. Fire Protection x
g. Recreationai Facilities x
x
n. Puolic utilities
i. Other x
For those cnecxed "yes," pi°_ase aiaoorate wnat Cype or <inus of
imorovements and/or assistance are neeeee.
Signature:
Actress: P.O. Box 599 Holualoa,HI 96725
Teiepnone: (808) 329-2675
Date: Dec. 30, 1997
-4-
COUNTY ENVIRONMENTAL REPORT
STATE LAND USE and COUNTY REZONING REQUEST
ROBERT S. NACKOWSKI
TAX hIAP KEY: (3) 7-5-10: POP. 4
PUAA 2nd, NORTH KONA, HAWAII
I. INTRODUCTION
The applicant, Robert S. Nackowski, is requesting a 14.989 acre portion of a 56.902
acre parcel to be reclassified into the Rural District and subsequently rezoned from
Agriculture (A-5a) to Residential-Agriculture (RA-.5a) in Puaa 2nd, North Kona,
Hawaii. (See Figure 1) The property is located on the makai side of the Hienaloh-
Kahului Road, about 1,500 feet north of the Road's intersection with HualaW Road.
If approved, the applicant intends to subdivide the 14+ acre portion into 15
residential-agriculture lots ranging in size from 1/2 acre to 1+ acre. The balance of
the parcel consisting of 42+ acres would continue to be used by the applicant for
cattle grazing.
II. PROJECT LOCATION
The project area is located at the eastern end of the 56+ acre parcel that extends from
Kuakini Highway to the Hienaloli-Kahului Road in North Kona, Hawaii. More
specifically, it is located on the makai side of the Hienaloli-Kahului Road, immediately
adjacent and north of the Hualalai Colony Subdivision (See Figure 2).
The site is approximately 1,000 feet north of the intersection of Hienaloli-Kahului
Road and Hualalai Road. This intersection is approximately one mile from the
intersection of Hualalai Road and the Kuakini Highway (Highway 11).
Although the parcel consists of 56+ acres, the requested zoning covers only 14+
acres.
III. PROJECT DESCRIPTION
A. Proiect Concept and Components
The previous landowner intended to subdivide the entire parcel into ten (10)
5+ acre lots. A subdivision application was filed (File No. 89-142). Since
then, tentative subdivision approval has been granted and construction plans
have been prepared and subsequently approved by the County in 1994. The
subdivision is still pending with the County.
1
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.rb i•
? SPECIFIC LOCATION MAP FTrTTRF
The applicant recently acquired the property and examined alternative uses for
this site. While the 5+ acre lot subdivision represents an option, the applicant
believes that creating some 1/2 acre to 1+ acre lots in this area would better
serve the community's housing and land needs.
As such, the applicant is proposing to subdivide the property into 15
residential-agricultural lots. These lots would range in size between 1/2 acre
to over 1 acre (Figure 3). The remaining 42+ acre lot would be retained by
the applicant, who intends to continue the cattle grazing activity. Access to
the larger parcel would also be through the proposed subdivision road.
Although the main road would be built to County dedicable standards, it
would be kept private and maintained by the respective lot owners.
It is understood that the subdivision plan submitted herein may change prior to
receipt of final subdivision approval to accommodate County subdivision
requirements, appropriate conditions of approval, and marketing demands.
B. Proiect Timetable and Cost
The applicant hopes to secure the necessary State Land Use and County
rezoning approvals as soon as possible and begin the subdivision and
development process immediately thereafter. Tentatively, plans call for having
the lots on the market by the end of 1998 or early 1999.
The estimated cost of the improvements is estimated at S 1 million.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject area is designated Agriculture. To effectuate this project, a 14+
acre portion is being requested to be reclassified into the Rural district. The
balance of the property would still be left in the Agriculture district.
Based on the size of the requested area, no State Land Use Commission
action is required. The County of Hawaii can process both the boundary
reclassification and zoning requests.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide (LUPAG) map
designates the site Extensive Agriculture with the Urban Expansion overlay.
2
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The Extensive Agriculture designation refers to pasturage and range lands.
This site also has the Urban Expansion overlay. This overlay allows for a mix
of high density, medium, and low density uses. Based on the requested
Residential-Agriculture zoning, the project would be consistent with the
General Plan and no amendments would be required.
C. Draft Kona Regional Plan
This plan attempts to further define the General Plan and serves as a wide for
decision-makers. It was adopted by the Planning Commission in 1984. It has
not, however, been adopted by the County Council.
The Land Use Concept map of this plan identifies a Res-4 designation for this
area. This designation suggests residential uses, up to four (4) units per acre.
The requested RA-.5 zoning would be consistent with this designation.
D. County Zoning
The County zoning of the subject area was Unplanned, which allowed for a
minimum of 5-acre lots. With the adoption of the new Zoning Code and the
subsequent elimination of the Unplanned category, the site de facto, became
zoned Agriculture (A-5a).
If approved, the site would be subdivided in a manner meeting with both the
Zoning and Subdivision Codes. Further, all uses and standards consistent with
the requested RA-.5a zone would be adhered to.
E. Other Permitting Considerations
The site is not located within the County Special Management Area (SMA).
As such, no SMA Use Permit would be required.
However, as noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, Underground
Injection Control (UIC) permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The elevation of the site ranges approximately between six hundred fifty (650)
to seven hundred (700) feet above mean sea level.
3
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The mean annual rainfall in this area ranges between 50 and 75 inches. The
wetter months tend to occur between October through April. The mean
annual temperature is about seventy five (75) degrees Fahrenheit, with the
warmer months during the summer. Because the site is situated on the
leeward side of the island, wind tend to be light and variable. Slight easterly
winds occur during the day, while westerly or mountain winds are prevalent
during the evenings.
The entire parcel is generally rectangular in shape, and likewise, the project
area is generally rectangular. However, it has a wider frontage at the
Heinaloli-Kahului Road end (738 feet) than at the bottom of the project site
(654 feet). Its length is approximately 1,200+ feet
The site is vacant of any structures. It is presently being used for cattle
gazing
B. Soils and Topoeraphv
The topography of the site slopes slightly in a mauka (east) to makai (west)
direction. There is a gradual 10 to 15 percent slope from the Hienaloli-
Kahului Road to the end of the project area.
The US Department of Agriculture Soil Conservation Service Soil Survey
Report classifies the soil to be of the Waiaha series, specifically, the Waiaha
extremely stony silt loam (WHC). This series is characterized by very dark
brown stony/soil. Permeability is rapid, runoff is slow, and the erosion hazard
slight. The subsoil is neutral to mildly alkaline. This type of soil was typically
used for cattle grazing.
The Land Study Bureau Overall Master Productivity Rating for the subject
area is Class "E" or poor. This suggests the site does not have good
productivity potential for agricultural crops. It is of the Waiaha Soil Series,
with shallow soil. The soil texture is medium, the color is dark brown; and the
parent material is volcanic ash. It is well drained, and because it is rocky with
frequent outcrops of pahoehoe, it is not suited for machine tillability.
The State of Hawaii's Agricultural Lands Of Importance to the State of
Hawaii (ALISH) traps does not classify this site as being either "prime,
unique, or other" agricultural land.
C. Natural Hazards
4
1. Drainaoe
The US Corps of Engineers' Flood Insurance Rate Mao (FIRM)
designates most of the project site to be located in Zone X, areas
outside the 500-year flood plain. However, there is a portion that is
designated AE, areas within the 100 year flood. This is a part of the
Waiaha Drainageway.
In conjunction with the existing 5-acre subdivision plan, construction
plans were prepared and subsequently approved by the County. The
approved plans reflect a drainage easement that begins near the
northern, mauka boundary of the subject parcel and eventually
bisecting the parcel. (See Figure 4).
The applicant's consulting engineer is now working with the County
Department of Public Works to relocate this easement to run along the
northern boundary of the entire parcel.
It should be noted, however, that within the project area (14+ acres),
the drainageway does not significantly affect the proposed lots. As
such, drainage systems can be developed at the time of subdivision
review to address the AE designation of the FIRM map.
2. Tsunami Hazard
As the site is located over 1.6 miles from the ocean, it is located
outside of the Civil Defense's Tsunami Evacuation Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the area as
Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The
populated area of Kailua-Kona also fall in this category, while the City
of Hilo is classified Zone 3. There is very little that can be done to
mitigate this situation and reflects an ongoing threat to all residents
and businesses in these areas.
The entire island of Hawaii falls within Earthquake Zone 3, according
to the County Building Code. As such, certain structural requirements
will be needed and taken during the building permit process to address
this seismic hazard.
5
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D. Flora/Fauna
Although there were no professional surveys conducted of the floral or faunal
resources of the site, the applicant does not believe that rare or endangered
floral or faunal resources are likely to be found within the subject site.
The site has already been cleared by bulldozers in the past. Further, the site
has been and continues to be used for cattle grazing. A visual inspection of
the site, however, notes that the undergrowth overwhelmingly consists of
grass, with occasional patches of lantana (Lantana Camara) and Christmas
Berry (Schimrs terebinthifolius. Mango and monkeypod trees were also
observed.
Thus, floral impacts should be minimal.
E. Historic/Archaeological Resources
In October of 1997, an archaeological inventory survey was conducted of the
subject area by William Barrera, Jr. (See Appendix A). The study noted
that the only things observed were features related to cattle ranching. This
was due in part to the possible destruction of historical features by bulldozing
prior to 1964.
The report thus concluded that "The three sites that were recorded all date
from modem ranching activities, and are of significance only for their
information content relating to those activities. The present recording
constitutes sufficient data recovery, and any adverse impacts posed by the
development of the property have therefore been mitigated.
Nonetheless, during the course of developing the subdivision, should any
unanticipated archaeological features or sites be uncovered, work will cease
and the applicant will immediately notify the Planning Department.
F. Water and Coastal Resources
The subject site is located well over 1.6 miles from the coastline. As such,
coastal impacts resulting from discharge of wastewater systems from the site
should not be significant. Further, being a non-coastal property, no coastal
access will be affected.
As the wastewater from the project will be serviced by sewer system meeting
with the approval of the Department of Health, septic tank or related system
meeting with the approval of said agency will be done by the respective
6
property owners at the time of issuance of a building permit for the proposed
lots.
G. Noise, Air Quality. and Dust
The Hienaloli-Kahului Road will serve as the major thoroughfare in this area.
This Road connects to the Hualalai Road, which in turn connects to the
Kuakini Highway about a mile away.
The existing ambient traffic level in this area is quite low. As such, the
corresponding noise level is quite low. With the completion of this project,
the noise level is not anticipated to increase significantly.
There will, however, be short term noise impacts associated with the
construction of the infrastructure for the proposed subdivision. Contractors
will be required to comply with appropriate noise and related mitigation
measures of the State Department of Health.
The proposed development should not generate any direct air uali impacts.
The only discernible air quality impact could be associated with the vehicular
traffic to and from the site. While there will be an impact to the ambient air
quality, the impact should not be significant. With higher EPA standards for
automobile air emissions, the air quality impact should thus hopefully not be
significant.
As such, with the exception of construction dust in the beginning, long term
dust generated by the project should be minimal. Construction dust, however,
like construction noise will have to comply with the State Department of
Health's regulations.
H. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas
listed as being a scenic resource. The subject site is not listed as a scenic site.
However, there were a few examples cited within the Keaau area. These
included the royal palms fronting Keaau School and the views of Mauna Kea
and Mauna Loa from major roadways.
The proposed development would not have any visual impacts on those and
other listed scenic resources in the area. The site is located makai of the
Keaau by-pass, and as such, will not affect any of the views to the two
mountains.
7
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The mixture of land uses in this area suggests an area in transition. The
transition is from cattle grazing to a variety of residential and rural
subdivisions.
Adjacent and to the south of the project area, there is the Hualalai Colony
Subdivision. The top portion of this subdivision consists of 1/2-acre sized
lots, while the lower end has lots that approximate 15,000+ square feet in size.
There are two (2) subdivisions mauka of the project area with lots that
average 1-acre in size. Further north is the Kailua View Estates Subdivision,
with lots averaging 15,000+ square feet.
Given the above, the mixture of uses suggests an area in transition, and the
proposed development would not be incongruous with the emerging
residential pattern.
B. Economic Impacts
The requested zoning would have some measure of economic impact, as it
would make fee simple lots available to individuals wishing to live in this part
of Kona. In turn, it would minimize the pressure to utilize more important
agricultural properties along the Coffee Belt, and thereby impacting an
important industry.
Further, there will be some short-term c-)nstruction activity. And this, could
help with the area's economy.
C. Agricultural Impacts
The site has not been used for intensive agricultural activity. It has been used
essentially for cattle grazing. While this use could continue, it may not be a
productive use of the land, given the emerging residential pattern in the area.
More importantly, the land has not been classified as being important from an
agricultural resource perspective under the various soil classification systems.
It is classified as "E" or very poor by the Land Study Bureau and not even
classified under the ALISH system.
Because of the site's location (middle-North Kona) and elevation (600-700
feet), it represents a fairly attractive area for residential projects. As such, it
8
could reduce pressures for the development or non-agricultural use of the
better agricultural lands in and around Holualoa and the rest of the Coffee
Belt. In so doing, it would indirectly be helping or furthering the agricultural
objectives of the County.
M INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the project would be via the Hienaloli-Kahului Road. This County
road has a right-of-way of forty (40) feet to fifty (50) feet, particularly
between the subject site and the Road's intersection with the HuaWai Road.
The pavement width is also twenty (20) or more feet, which meets with the
County's requirement. Much of these improvements and the securing of the
additional rights-of-way were done in conjunction with the development of
other properties in the area.
Within the project itself, the roads will be constructed to County dedicable
standards, although it will be kept private. The improvements will be done in
conjunction with the subdivision approval process.
B. Water
There is an 8-inch County water line fronting the Hienaloli-Kahului Road.
According to discussions with the Department of Water Supply, water for the
proposed 15 lot (plus the 41+ acre remnant lot) subdivision would be available
from this fine.
It is also the applicant's understanding that should there be further
development of the makai 41+ acre lot, then, additional water improvements
(such as reservoir and pressure pumps) may be needed.
C. Wastewater
There is no County wastewater system in this area. As such, a septic tank
system meeting with the approval of the Department of Health will be
allowed. This will be done by the respective lot owners at the time of actual
construction of the residences.
D. Solid Waste
Solid waste will be handled through a commercial haulers or the individual
homeowners into authorized landfill sites or transfer stations.. With the
9
requested RA zoning, the potential for uses with tonic or related chemical
waste would be minimal, if at all.
E. Other Government Services
As this area is already part of the North Kona urban area, it is already being
serviced. No extension of government services would be required. The Fire
Stations are located both at Keauhou and Kailua, approximately two (2) miles
away. The Police Station is located at Kealakehe, approximately three (3)
miles from the subject site
Elementary schools are available at Holualoa, Kealakehe, or Kahakai.
Intermediate and Nigh Schools would be available at Kealakehe,
approximately five (5) miles away.
County parks are available in Kailua, Keauhou, and Kealakehe.
As such, the project should not result in the extension of any government
services. Further, the required public facilities are located reasonably
proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services, are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the requests were denied, the short term use of the site would probably be
an undeveloped tract of land and used for cattle grazing. There could also be
the possibility of continuing with the 5-acre lot subdivision. In that event, the
lots would be large residentially-oriented lots.
Given the transitional nature of the area, the retention of the Agriculture (A-
5a) zoning may not result in the best development of the site. There would be
large lots, which - because of its resource characteristics - may not be capable
of supporting intensive agricultural activities. At the same time, pressures
could occur on the conversion of lands currently being used for more intensive
agricultural activities in the mauka Holualoa area.
10
Given those conditions, it may be more prudent from a land use perspective to
more effectively utilize the project site to satisfy a ruraVresidential lot demand
than to subdivide them into large lots. The projected use could indirectly help
retard the pressures for the unnecessary conversion of good agricultural lands
for residential activities.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not result in
an irreversible commitment of natural or archaeological resources.
C. Mitigative Measures
The applicant intends to provide the required on-site infrastructure in
conjunction with the subdivision process. At the same time, the drainage issue
will be mitigated, as plans meeting with the requirements of the County would
have to be implemented.
Should unanticipated archaeological finds be discovered during the
construction of the project, work will stop (as is required by the State and
County) and clearance secured before work will resume.
As the site is presently vacant, no person or businesses would be dislocated.
D. Alternatives to the Proposed Project
1. No Proiect
Under this status quo alternative, the site will either remain in its
present condition or be developed into a 5-acre lot subdivision.
This alternative would result in short-term construction impacts (noise,
dust, traffic) resulting from the renovations and parking improvements.
Additional vehicular traffic, although not significant, resulting from the
ultimate uses within the site would also be present.
The site, however, would not be utilized to its fullest potential, given
the mixture of land uses in this area.
2. Alternative Residential Density
Under this alternative, the applicant could seek a RS-15 or RS-10
zoning. This would be generally compatible with the land use goals of
11
the Draft Kona Regional Plan, and it would not require a General Plan
amendment.
However, there may be a need for extensive water improvements to
accommodate the additional density. Nonetheless, the applicant could
elect to develop the property in phases, and make the improvements as
density requires it.
Such an approach, however, may not be compatible with the existing
1/2 acre to I-acre developments in the general area.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure would
not appear to be pronounced. Certain mitigative measures, particularly on-site
drainage, will be taken to address any possible impacts associated by the
development of this project. Further, the project would be consistent with the
land use objectives sought to be accomplished by the County General Plan
LUPAG map.
In view of the aforementioned, it would appear that none of the alternatives
would be more prudent and beneficial than the requested RA-.5a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG May
The General Plan provides for the long-range comprehensive development of
the island of Hawaii. It provides direction for balanced growth in the County.
The LUPAG map designates the site Extensive Agriculture, with an Urban
Expansion overlay. These designations allow the requested RA-.5a zoning,
It should be noted that a density of 4 units per acre (or RS-10) could have
been considered. As such, the project would be significantly less than what
could be allowed and is thus consistent or supportive of the LUPAG map.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies, and
standards of the General Plan document.
For one, it would provide short-term economic opportunities largely through
the construction of the subdivision. Some limited longer-term opportunities
12
could be created, largely in the area of maintenance of the private roads and
landscaping. The project should also add revenues to the County and State
coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage of wind
patterns.
Maintaining and improving the quality of the environment is important to the
success of this project. The General Plan identifies five (5) areas of
environmental concerns - air pollution, water quality, soil pollution, solid
waste disposal, and noise pollution. As proposed, the project would not be
violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the project
should be negligible. Cesspools would not be used, and instead a septic
system or other alternative individual wastewater system meeting with the
State Department of Health will be used to address potential groundwater and
coastal water concerns. If required, a solid waste management plan could be
prepared and implemented. The project will also not be a noisy one, as
residents would come to this area to enjoy its tranquillity. Any noise-
generating facility - such as air conditioners - would be carefully placed to
minimize their noise impacts.
Although a portion of the project area is designated as a floodway (Zone AE)
on the FIRM maps, it does not affect the development and/or use of the site.
Further, in conjunction with the subdivision review process, a drainage system
will be developed and implemented to address these concerns. This system
will be designed in a manner to protect the property as well as to minimize the
volume of surface runoff generated by this development.
The site does have historic sites. However, as it has been bulldozed, the
remaining sites are of recent vintage - sites associated with the cattle grazing
of the site. Nonetheless, work will cease if unanticipated archaeological
remains are discovered during the construction of the project; and work will
resume only after proper clearances from the State and/or County have been
received.
Being previously intensively used, the prospects of the site serving as a
habitat for rare or endangered plant or animal life appear remote.
The project will create additional houselots. It should help to diversity the
type of houselots in the region, while reducing pressures for the premature
13
conversion of the area's better agricultural lands. In so doing, it would
implement the housing element of the General Plan.
The Plan also emphasizes that developments be mindful of an area's natural
beauty. In this situation, the project will be designed in a manner so as to
have it blend as much as possible with the existing terrain.
As the project site is more than 1.6 miles from the ocean, the usual coastal
resources concern is not pronounced. There will be interference with
shoreline access. Then, too, through the use of septic system, impacts to the
coastal water will be minimized.
There will be little impact to public facilities. The wastewater system will be
private. The water system will be developed in a manner meeting with the
requirements of the Department of Water Supply. Vehicular access to the site
is already fully improved. Schools and other public facilities are also located
proximate to the site, most of them being less than three (3) miles away.
Finally, in terms of Land Use, the project would be consistent with the
LUPAG map. It would also be generally compatible with the surrounding
area. There are 1-acre lots mauka of the site, 1/2 acre to the south; 15,000+
square foot lots further south and part of the Hualalai Colony Estates
subdivision; and the Kailua View Estates Subdivision with its 15,000+ square
foot lots further north.
C. Zoninz and Subdivision
The designated zoning of the site is "Unplanned." However, as the recently-
adopted Zoning Code eliminated that designation, the de facto zoning of the
site has been determined to be Agriculture (A-5a). This would suggest one
unit for every five acres of land, and tentative subdivision approval for such a
project has already been approved.
However, if the requests are approved, the applicant intends to abandon the 5-
acre lot subdivision and proceed with the creation of fifteen (15) 1/2 and I+
acre lots. The balance would be retained by the applicant, who would
continue the cattle grazing activity.
The requirements of the zoning and subdivision codes would be complied,
including use and related development standards.
14
D. State Land Use Rural Standards
As the requested area covers less than fifteen (15) acres, the request can be
processed by the County. Pursuant to the Planning Commission Rule No. 13,
the request must meet certain standards. These standards and their
justification follow:
1. Conformitv to the General Plan
The project's relationship and conformity are demonstrated in sections
IX A and B above.
2. Relationship to State Land Use Rural District Standards
It should be noted that this site could fit the criteria or standards for
either the Rural or Urban district. However, given the requested lot
size (112 acre) and the transitional nature of this location (with the
mauka area more agricultural and the lower area more urban), the
preferred and requested designation is Rural.
a. Small Farms
While there are no small farms in the immediate vicinity, there
are such farms further mauka in the general area of Holualoa.
However, this area represents a suitable transitional area
between the agricultural communities along the old Mamalahoa
Highway and the more urban communities fronting Kuakini
Highway.
As such, from a land use and density perspective, the requested
size (112 acre) would provide a needed buffer and transition
between the agricultural and urban areas.
b. Characterized by Low-Density Residential Lots
Lots in this immediate area are typically one-acre to 1-acre in
size. The only exceptions would be the second phase of the
HuaWai Colony subdivision and the Kailua View Estates
Subdivision where there are 15,000+ square foot lots. The
Kailua View Estates Subdivision is not immediately adjacent to
this project, and access is principally taken off of the Kuakini
Highway and not the Hienaloli-Kahului Road.
15
J
While the project area is proximate to urban type of services,
there are really no "city-like" concentrations of people,
structures, and so forth immediately adjacent to the site.
C. Surrounded by Similar Designations
The surrounding designations are either urban or agriculture.
As such, this area represents an area in transition.
Nonetheless, it would be possible to have some limited
backyard agricultural activity, particularly those that are not
too reliant on extensive soil - like fruit trees and ornamental
plants.
More than the classification itself, the surrounding and
emerging uses in this vicinity would make the requested project
a compatible one.
16
APPENDIX
Puaa, North Kona, Hawaii Island:
Archaeological Inventory Survey
TMK (3) 7-5-10: Por. 4
October 1997
Prepared for Robert Mackosky
By William Barrera. Jr.
INTRODUCTION
An mwnsi\ c archacoknncal site inventor' survev was conducted on approximateh. 13 acres at Puaa.
North Kona. Ha\\ all Island (TMK: (3) 7-i-10: Por. 4).The project area is located at the east end of a 56
acre parcel that c.xtcnds from Kuakini Highway to the Hienaloh-Kahului Road. which forms the east
boundan of the sun c.\ area. It lies approximateh 1.6 miles from the ocean at an elevation of between
600 and 700 feet
iI'C,LU FAINT
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'EAHOLE Project Area HILO BAY
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SOUTH POINT
Figure 1. Hawaii Island, Showing Location of Project Area
PAGE I
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Figure 3. Portion of USGS Kailua Quadrangle, Showing Location of Project Area
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Figure 2. Portion of Tax Map (3) 7-5-10, Showing Location of Project Area
PAGE 2.
PROJECT AREA ENVERONMENT
The project area consists of pahoehoe bedrock sloping gently to the west. Annual precipitation is between
iti and 75 inches [Annstrong 1983: 63]. Undergrowth consists overwhelmingh' of grasses that stand to a
height of eight feet. with occasional small patches of lantana [Lantana comara]. The propem is dotted
with occasional Christntasbem [.Schinus terebinthifolius], mango [Mangifera indica]. opiuma
[PithecelluhmIn dulrc I and monkeypod [Samanea samon] trees. The vegetation pattern suggests that
bulldozing has occurred. and inspection of an A.D.1964 aerial photograph indicates that this took place
prior to that year.
METHODOLOGY
The fieldwork was completed b\ one person in five days in September and October of 1997. Survey
sweeps spaced at a distance of approximately 15 meters were conducted. and the area around the bases of
the trees that had not been bulldozed were inspected to see if any sites beneath them had also been spared.
Only three sites were found. These were recorded. photographed and mapped using tape and compass to
measure distance and bearing. No excavations were conducted.
U DU I Do METERS
0 100 200 300 FEET
1
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;r e
i _
Figure 4. Map of Project Area, Showing Location of Sites
RESULTS
Based on previous findings at this elevation in North Kona. it was expected that there would be extensive
remains of the Konn Field System. which includes rock mounds. kuaiw•i, cross-walls. permanent and
PAGE 3.
3
winporan habitation sites and graves, However. Elie yirtuall' complete bulldozing of the properr priorto
A. D. 1964 rcnhol ed cml such remains What was left here a complex of features related to cattle ranching.
as folio\\s
HRHP 21278
This is a stone retaining ball measuring 1.50 by 18.0 meters and standing to a height of 1.3 meter. It is
built against a hillside in an angle formed by a jog in a ranch wall, thereby forming a terraced enclosed
area measuring I I i bl 18.0 meters. A small enclosure measuring 8.60 by 8.90 meters is situated on the
opposite side of the ranch 33 all. Cultural remains present include wooden planks. round galvanized nails,
sheets of cornu_•atcd iron roofing and concrete post footings.
This location is indicated on the USGS Kailua Quadrangle as a water tank. and it was no doubt associated
3% ith cattle ranching pursuits. The date of publication of the map indicates that the feature was in use at
Icast as late as AD 1954
HRHP 21279
This is a three-sided stone structure situated on a bedrock outcrop at the end of a historic ranch wall. The
structure measures 4.80 bh 6.80 meters. and stands to a height of as much as 1.6 meter. The side walls are
0.90 meter in width. the back or connecting wall is 1.20 meter wide. The walls are constructed of
pahoehoe blocks nhcasuring for the most part about 0.40 meter in length, although a few measure as much
as LO meter in length. Thc interior is paved with flat pahoehoe slabs measuring up to 0.50 meter in
length.
The lack of prehistoric midden and artifacts, and the massive nature of its construction compared to its
overall size indicate that the structure was probabl' an animal pen associated with cattle ranching on the
parcel.
HRHP 21280
This number has been applied to the complex of stone walls located in the project area. These functioned
primarily as In estoc6 control devices. with the ones on the north and south sides having the additional
function of marking the ahupua'a boundaries. They are all similar and follow the same pattern ofdrv
masons' constnction. t%picall measuring about 0.90 meter in width and height. This varies from place
to place. depending upon the local ground and slope conditions. and anv individual wall may attain a
height of 1.20 or 1.50 meter in places.
SIGNIFICANCE
Unfortunatcll . all traces of anv prehistoric or earl' historic activity on the parcel were destroyed b}'
bulldozing prior to A. D 1964 The three sites that were recorded all date from modem ranching activities.
and are of significance only for their information content relating to those activities. The present
recording constitutes sufficient data recovery. and any adverse impacts posed by the development of the
propcttm hays therefore been mitigated.
PAGE: 4.
1
Bibliomphv
Amutrong. R Warwick
19833 Ado,. nJ Mm uti. University of Hawaii Press. Honolulu.
V
PAGES.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE March 18, 1998
Memorandum
To Planning Director
FROM D pa ent of Public Works
Engineering Division
SUBJECT: Change of Zone Application (REZ 97-20)
State Land Use Boundary Amendment (SLU 97-4)
Applicant: Robert S. Nackowski
Location: Puaa 2ntl, North Kona HI
TMK: 7-5-10:04
We have reviewed the subject application and offer the following comments:
it in
1. Building shall conform to all requirements of code and statutes pertaining to building
construction.
Drainage
2. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
3. Applicant shall be informed that if drywells are included in the subject improvements,
an Underground Injection Control (UIC) permit must be applied for from the Department
of Health, State of Hawaii.
4. A drainage study should be prepared and a drainage system should be installed
meeting with the approval of DPW.
5. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County
Code. EXHIBI?
Memo to Planning Director
March 18, 1998
Page 2
Roadways
6. Roadway frontage equal to half the difference between 50' and the existing ROW
width should be dedicated to the County per the General Plan.
7. Roadway connections to the adjoining parcels should be provided meeting with the
approval of DPW. These roads should be open to public traffic. It is DPW policy on
large subdivisions to recommend that functioning interconnections be made to adjoining
parcels.
8. In the interests of pedestrian and bicyclist safety, the applicant should provide a
paved shoulder alongside Heinaloli-Kahului Road. Pavement transitions, striping,
drainage improvements, and relocation of utilities may be required.
9. All roadways within the proposed development should follow the guidelines
incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways
and A Policy on Geometric Design of Highways and Streets by the American
Association of State Highway and Transportation Officials. These roadways should
also meet the requirements of DPW.
If you have any questions please contact Thomas Pack in our Kona office at 327-3530.
TWP:sIs
cc: Engineering - Hilo
Engineering - Kona
Planning - Kona
e\ urt~
o`
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
25 AUPUNI STREET HILO, HAWAII 96720
TELEPHONE (808) 961-8660 FAX (808) 961-8657
January 20. 1998
TO: Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION 97-004
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION NO. 97-020
REQUEST: A-5a TO RA-.5a
APPLICANT - ROBERT S. NACKOWSKI
TAX MAP KEY 7-5-010:PORTION OF 004
We have reviewed the subject applications for the proposed development and have the
following comments.
Water can be made available from the end of an existing 8-inch waterline along the
Hienaloli-Kahului Road, approximately 400 feet from the property.
Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is
being forwarded to you, a water commitment may be issued. Based on the fifteen (15)
add'tional units requested in the proposed lb-unit development, the required water
commitment deposit is $2.250.00.
Remittance of the $2.250.00 is requested as soon as possible so that a water
commitment may be formally issued. The commitment will be in writing with specific
conditions and effective dates stated. Please keep in mind that this letter shall not
be construed as a water commitment. In other words, unless a water commitment is
officially effected, water availability is subject to change depending on the water
situation.
For your information, should the subject applications be approved and a formal
subdivision application be executed, final approval will be subject to the following
requirements:
1. Construct necessary water system improvements. which shall include, but not be
limited to: EXHIBIT
nir -
Planning Department
Page 2
January 20, 1998
a. approximately 400 feet of 8-inch waterline must be extended from the end
of the existing 8-inch waterline along Hienaloli-Kahului Road to the
property,
b. onsite water mains capable of delivering water at adequate pressure and
volume under peak-flow and fire-flow conditions: minimum diameter of
mains shall be 6 inches.
C. service laterals that will accommodate a 5/8-inch meter to each lot. and
d. fire hydrants spaced not more than 600 feet apart and within 300 feet of
the front of each lot.
Submit construction plans and design calculations prepared by a professional
engineer, registered in the State of Hawaii. for review and approval.
2. Remit the prevailing facilities charge and capital assessment fee, which are
subject to change, of $51.118.00 and $7.500.00, respectively. They are due and
payable upon completion of the installation of the water system improvements
and prior to final subdivision approval.
3. Convey the water system improvements along with the necessary easements to the
Water Commission. County of Hawaii.
Should there be any questions, you can contact our Water Resources and Planning Branch
at 961-8660.
Mil PnD. Vva 'P E.
Manager
WA:gms
Att.
copy - Mr. Robert S. Nackowski
err er
Nelson M. Tsuji
Stephen K. Yamashiro Fire Chit/
hta~n' ; Edward Bumat
t Otpury Fire Chit
KJ 7UUfV III Cf1fUZ1ii
FIRE DEPARTMENT
777 Kilauea Avenue - Mall Lane - Hilo, Hawaii 967204239
(808) 961-8297 - Fax (80B) 961-82%
January 16, 1998
To: Virginia Goldstein, Planning Director
From: Nelson M. Tsuji, Fire Chief
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (97-4)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION (REZ 97-20)
REQUEST: A-5a TO RA-.5a
APPLICANT: ROBERT S. NACKOWSKI
TAX MAP KEY: 7-5-10: POR 4
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).
EXH1B1T
D '
To: Virginia Goldstein, Planning Director
Page 2
January 16, 1998
"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.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus
access road shall meet the requirements of the appropriate
county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall
have an unobstructed vertical clearance of not less than 13
feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be
reduced, provided such reduction does not impair access
by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or
widths required by this section may be increased when, in the
opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus
access road shall be as approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads
in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
To: Virginia Goldstein, Planning Director
Page 3
January 16, 1998
"(i) Bridges. When a bridge is required to be used as access
under this section, it shall be constructed and maintained in
accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the
imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus
access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all
times.
11(1) Signs. When required by the fire chief, approved signs
or other approved notices shall be provided and maintained for
fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
"INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY
SYSTEMS AND APPLIANCES
"Installation
"Sec. 10.301. (a) Type Required. The chief shall designate
the type and number of fire appliances to be installed and
maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings. This shall be done
according to the relative severity of probable fire, including
the rapidity with which it may spread. Such appliances shall
be of a type suitable fur the probable class of fire
associated with such building or premises and shall have
approval of the chief.
"(b) Special Hazards. In occupancies of an especially
hazardous nature or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire
apparatus is unduly difficult, additional safeguards may be
required consisting of additional fire appliance units, more
than one type of appliance, or special systems suitable for
the protection of the hazard involved. Such devices or
appliances may consist of automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and
hose, fixed or portable fire extinguishers, suitable asbestos
To: Virginia Goldstein, Planning Director
Page 4
January 16, 1998
blankets, breathing apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems are
installed, they shall be in accordance with the applicable
Uniform Fire Code Standards or standards of the National Fire
Protection Association when Uniform Fire Code Standards do not
apply-
11 (c) Water Supply. An approved water supply capable of
supplying required fire flow for fire protection shall be
provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the
respective county water requirements. There shall be
provided, when required by the chief, on-site fire hydrants
and mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed systems capable of
providing the required fire flow.
"The location, number and type of fire hydrants connected to
a water supply capable of delivering the required fire flow
shall be protected as set forth by the respective county water
requirements. All hydrants shall be accessible to the fire
department apparatus by roadways meeting the requirements of
Section 10.207.
"(d) Fire Hydrant Markers. When required by the chief,
hydrant locations shall be identified by the installation of
reflective markers.
"(e) 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.
"(f) All fire alarm systems, fire hydrant systems, fire
extinguishing systems (including automatic sprinklers), Class
I, II, III (combination standpipe system) and combined
systems, basement inlet pipes, and other fire protection
systems and appurtenances thereto shall meet the approval of
the fire department as to installation and location and shall
To: Virginia Goldstein, Planning Director
Page 5
January 16, 1998
be subject to periodic tests as required herein. Plans and
specifications shall be submitted to the fire department for
review and approval prior to installation."
NELSON 14 T W
Fire Chief
NNT/mo
~ K \2
Yb %r ~l~~ f
BENJAMIN J. CAYETANO I+ ESTNER UEDA
GOVERNOR 3-I ~rs' EXECUnVE OFFICER
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
January 23, 1998
Ms. Virginia Goldstein
Planning Director
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
Dear Ms. Goldstein:
Subject: State Land Use Boundary Amendment Application (SLU
97-4), for Robert S. Nackowski, Puaa 2nd, North
Kona, Hawaii, TMK 7-5-10: Dor. 4
We have reviewed the subject application transmitted by your
memorandum dated January 14, 1998, and confirm that the subject
parcel, as represented on the location map, is located within the
State Land Use Agricultural District.
We note that the subject parcel is immediately north of the
petition area in LUC Docket No. A81-505/Colony Associates, which
involved the reclassification of approximately 39.459 acres of
land from the Agricultural District to the Urban District for
condominium dwellings and recreational amenities, subject to
three condi'-ions (Decision and Order dated March 2, 1982).
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
BENJAMIN J. CAYETANO ' t c, 4 KAZU HAYS-
GOVERNOR ,ea• i DIPEC-:a
BRIAN D:P EC--05
BRIAN K.:!I\'A>
x GLENN M. CK.%!Z
al
STATE OF HAWAII IN REPLY RE==;; =
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET HWY-PS
HONOLULU, HAWAII 96813.5097 2.8680
APR - 6 1998
Ms. Virginia Goldstein
Director
Planning Departrnent
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Subject: State Land Use District Boundary Amendment 97-4, Agriculture to Rural
and Change of Zone Agriculture A-5a to Residential-Agriculture RA-.5a,
Robert S. Nackowski, North Kona, TMK: 7-5-10: por. 4
Thank you for requesting our review of the proposed land use amendment and change of zone.
The proposed land use amendment and change of zone is not anticipated to have a significant
impact on our State highway facilities.
However, the landowner should be informed that:
I. No direct access from his subdivision to the State highway will be allowed.
2. A setback along the highway frontage of his lower lot should be provided for future
widening of our highway.
3. No additional storm water is allowed to enter our highway right-of-way. Drainage
improvements may be required if our drainage structures are adversely affected.
4. Plans must be submitted for any work done within our highway rights-of-way.
Very truly yours,
4VX74~/
KAZU HAYASHIDA
Director of Transportation EXHIBIT
SldneyFuke, Planning Consultant
4C 100 Pauahi Street, SuRe 212 • Hilo, Hawaii 96720 • Planning' Variance - Zoning
Telephone: (We) 969.1522 -Fax: (909) 969-7996 - %6dwision land Use Pemrh
Enwonmeninl Reporh
I
February 2, 1998
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Subject: Rezoning (REZ 97-20) and SLU (SLU 97-4) Requests
Robert Nackowski, Tax Map Key: 7-5-10: Portion of 4
Thank you for sending me comments from the Departments of Health, Fire, and Real
Property Tax Office regarding the subject matter.
Please be informed that the requirements of the State Department of Health relative to
construction mitigations, wastewater, and underground injection control systems will be
complied with in conjunction with the permitting and development phases of this project. It
should be noted also that since this project will be a subdivision development, the wastewater
requirements will ultimately be deferred to the respective lot owners.
The Fire Department's requirements relative to access standards and fire protective
measures will be taken in conjunction with the subdivision review and development process.
Finally, the applicant is aware of the rollback tax requirement and the associated
consequences behind the subdivision of lots less than five acres in size.
Should you have further agency comments or questions on this application, please feel
free to contact me again. Thank you very much.
nFerely, ~
Si~~J
M. FUKE
IDN
Planning Consultant
cc Mr. Nelson Tsuji, County Fire Department
Mr. Aaron Ueno, State Department of Health
Mr. John Totten, Real Property Tax Office
Mr. Robert Nackowski EXHIBIT
6(.X340
SidneyFUke, Planning Consultant
100 Pauahl Street, Suite 212 a Hilo, Hawaii 96720 Planning • Vanance • Zoning
Telephone: (808) 969.1522 a Fax: (808) 969-7996 ' Subdnrision Land Use Permits
Environmental Reporh
February 27, 1998
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
SUBJECT: State Land Use (SLU 97-4) and County Zoning (REZ 97-20)
Robert Nackowski, TMK: 7-5-10: Por 4
This letter is in response to agency comments on the subject matter.
We note that the State Land Use Commission offered no comments that required
direct response. We were pleased that they noted that subject site is adjacent to a property
that was reclassified into the Urban District in 1982. This fact further supports the
contiguous land use principle.
Likewise, we were pleased that the Police Department concurred with the applicant's
planning report that the requests will not generate significantly adverse impacts to police
services and traffic safety.
The Department of Water Supply stated that water for this 16-lot project can be made
available from the existing 8-inch line along Heinaloli-Kahului Road. It is our understanding
that water commitment fees are usually required 90-days after the effective date of the
change of zone. Please be assured that, if the zoning is approved, the applicant intends to
fulfill this requirement within the stipulated period. The on- and off-site water construction
improvements will be made in conjunction with the subdivision approval process.
We trust the foregoing adequately responded to the comments to date. If not or if
there are further comments or questions from your office, please feel free to contact me.
Thank you very much.
VV
S V%~
Planning Consultant
cc Department of Water Supply
Robert Nackowski w/ enclosure
SidneyFuke, Plan consultant
Mae 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning' Variance Zoning
Telephone: (808) 969-1522 • Pax: (808) 969.7996 Subdivision, Land Use Permits
Environmental Reports
April 10, 1998
Ms. Virginia Goldstein, Director v
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
Dear Ms. Goldstein:
Subject: State Land Use (SLU 97-4) and County Rezoning (REZ 97-20)
Requests, Robert Nackowski, TMK: 7-5-10: portion of 4
Thank you very much for sending me comments from the State Department of
Transportation (the District and Main office) regarding the subject matter.
Although the subject site abuts the Kuakini Highway, the area of the proposed
development does not. As such, we concur with the State's comments that the project should
not have a significant impact on the State highway facilities. Nonetheless, we would like to
note:
1. That portion of the site that abuts Kuakini Highway has a "permitted access "
This is clearly reflected on the existing tax maps.
2. The on-site drainage system to be designed by the applicant's consulting
engineer will have to be reviewed and approved by the appropriate
government agencies. It is understood that the drainage system must take
care of the additional storm water generated by the project on site.
3. The issue of the additional setback along Kuakini Highway can be addressed
when said area is being developed.
We trust that the foregoing adequately address the concerns raised by said agencies.
If not or if there are further comments on this matter, please feel free to contact me. Thank
you very much.
%cerel%L
Planning Consultant
cc DOT - Honolulu Office and District Office
Mr. Robert Nackowski