HomeMy WebLinkAboutCOM 0911.000 1996-1998
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William G. Davis
Managing Director
Stephen K. Yamashiro i•
Mayor f Henry Cho
Deputy Managing Director
~IIlYIt laf Att(Vall
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax(808)326-5663
June 29, 1998
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 98-7)
Applicant: Joni J. Metzler Profit Sharing Plan
Request: RS-15 to CV-10
Tax Map Key: 5-4-7•Portion of 2
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 request.
Sincerely,
Stpphen K. Yarashiro
Mayor
LMetzlol.MAY
Enclosures
cc: Planning Commission
REZ 98-7 QQ,,
'gill -2 -7/ U 1 1998
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la.~z. JUL
Stephen K Yamashiro
Mayor
lrt~•Of NaI
CIIltlt#v of ~tifITTi
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 967204252
(BOB) %1-8258 • Pax (BOB) %1-%15
JUN 2 9 1998
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 98-7)
Applicant: Joni J. Metzler Profit Sharing Plan
Request: RS-15 to CV-10
Tax Man Kry .5-4-7-Portion of 2
The Planning Commission, after a duly held public hearing on June 19, 1998, voted to
recommend for your approval the proposed legislative bill to change the district classification
for approximately 29,555 square feet of land from Single Family Residential (RS-15) to
Village Commercial (CV-10) at the southwest corner of the Akoni Pule Highway and
Kynnersley Road intersection at Puepuehu, North Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
The proposed change of zone to Village Commercial (CV-10) zoned district will
conform to the goals, policies and standards of the Land Use Element of the General
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
Plan. Land use is one of the principal focal points of public concern and policy. The
Land Use Element provides the primary basis for direct control and guidance of
publicly and privately owned resources. It is also intended to be used as a policy guide
for the coordinated growth and development of all sectors of the County. It sets forth
goals, policies, standards and courses of action to accommodate growth without
congestion, to designate and preserve the lands needed for residential use, commercial
and visitor services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The overall Land Use goals,
policies and standards are set forth to physically plan the lands in the County in the
best interest of the island's residents. These state the following:
Land Use
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
* Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
* 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.
* Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access, and
public need.
The proposed change of zone to Village Commercial (CV-10) zoned district will
conform to the goals, policies and standards of the Economic Element of the General
Plan.
Economic Element
* Provide residents with opportunities to improve their quality of life.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
* 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.
* The County of Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
* The County of Hawaii shall encourage the development of a visitor industry
which is consistent with the social, physical and economic goals of the residents
of the County.
The proposed request would also complement the following goals and policies
of the Commercial Element.
Commercial Development
* Provide for commercial developments that maximize convenience to users.
* Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities and
neighborhoods.
* Commercial facilities shall be developed in areas adequately served by
necessary services, such as water, utilities, sewers and transportation systems.
* Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
* The development of commercial facilities should be designed to fit into the
locale with minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of such
developments.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
Additionally, in the General Plan, a Course of Action for commercial
development within the North Kohala District recommends that "The development of a
commercial core shall be encouraged." This request would be consistent with the
urban form depicted for North Kohala in that it would add commercial uses serving the
surrounding region in close proximity to other similar commercial zoned districts and
activities.
The General Plan also provides the concept of mixed use zones to allow
compatible commercial uses to mix with residential uses. Such mixed use zones are
appropriate in areas of economic transition, such as older residential areas which are
needed as sites for more intensive development which are in demand as sites for
commercial uses.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the
General Plan is a representation of the document's goals and policies to guide the
coordinated growth and development of the County. It reflects a graphic depiction of
the physical relationship among the various land uses. The LUPAG Map establishes
the basic urban and non-urban form for areas within the County. The project area is
designated Medium Density Urban Development. Medium Density Urban
Development refers to village and neighborhood commercial and residential and related
functions with commercial permitted up to three stories and residential permitted up to
35 units per acre. This proposed village commercial development will provide the
framework of a concentration of urban activities occurring in an orderly manner
commensurate with the provision of necessary infrastructure. Therefore, it is
determined that the request is consistent with the medium density form depicted on the
LUPAG Map for this area of North Kohala.
The proposed change of zone request would further the County's goals of
providing an economic environment which allows new or existing businesses to expand
and diversify the County's economic base, and thereby also increase the choice of
occupations. The project's low-scale design makes it compatible with the surrounding
environment with minimal social impact. Therefore, it is determined that the request is
consistent with the medium density form depicted on the LUPAG Map for this area of
North Kohala.
The requested zone change is consistent with the North Kohala Community
Development Plan (CDP). The Land Use Concept Map of the CDP has designated the
area Residential - 4 units per acre, Village Commercial and Neighborhood
Commercial. The CDP also encourages the development and revitalization of
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
commercial areas around the existing towns of Hawi and Kynnersley/Kapaau. Thus,
the request is consistent with the North Kohala Community Development Plan.
The subject area is located in close proximity to schools, commercial areas,
employment centers and public safety services. The subject area would provide
continued and additional commercial services for the visitor industry, residents in the
immediate vicinity, as well as for the rest of the residents of the island of Hawaii.
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The Flood Insurance
Rate Maps (FIRM) indicate that the property is located in Zone "V, area outside of
the 500-year flood plain. There are no significant drainageways anticipated. While
there are no indications of surface water flow on-site, the applicant will abide by all
applicable County guidelines for run-off generated by the development. The subject
property is designated "Urban" on the State of Hawaii ALISH Map. The Land Use
Study Bureau's Overall Master Productivity Rating for the soils in the area is "Urban."
Due to the extensive alteration of the project site by previous grading activities,
significant historical sites or features and the presence of endangered species of plants
or animals are not anticipated to be located within the subject property. No historic
sites were present on the parcel. The proposed action will not have any effect on
significant historic sites. Nevertheless, a condition will be included to require the
notification of the Department of Land and Natural Resources-Historic Preservation
Division should archaeological sites be encountered during the course of development.
All utilities and services are available to the property which are essential to
accommodate urban development. The County of Hawaii Department of Water Supply
will provide potable water to the development with an eight (8) inch main that runs
within the Akoni Pule Highway right-of-way. The wastewater from the proposed
project will be disposed in accordance with the prevailing requirements of the State
Department of Health's rules and regulations to be installed by the respective
homeowners. Additionally, the applicant will abide by all applicable State and County
air quality and noise level control standards during the pre-construction and
construction phases of the project. All essential utilities are available for the proposed
project. Therefore, the proposed commercial development will be developed in an area
that is or can be adequately served by water, utilities and transportation systems.
Access to the site is provided by Akoni Pule Highway, a state owned highway
with pavement width varying between 30 and 40 feet but with a road right-of-way
width of 80 feet.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
Impacts associated with this commercial development such as historical, visual,
traffic, drainage and design concerns have been assessed and will be mitigated through
conditions of approval. Therefore, the request would not unreasonably burden the
public agencies to provide roads and streets, water, drainage, police and fire
protection.
Based on the above findings, this request to reclassify the subject property from
a Single Family Residential (RS-15) to a Village Commercial (CV-10) zoned district
would result in an appropriate land use pattern and further the public convenience,
necessity, and general welfare.
For your favorable consideration, an amendment to Section 25-8-9, the Hawi-Kapaau Zone
Map, of the County Zoning Code is transmitted.
We are enclosing a copy of the application and a copy of the staff background for your
information.
Sincerely,
1
Kevin M. Balog, Chairman
Planning Commission
LMetz102TC
Enclosures
cc: Ms. Joni J. Metzler
Mr. Gregory R. Mooers
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
HMeV101. emm/. rhy6/ 10/98
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JONI J. METZLER PROFIT SHARING PLAN
CHANGE OF ZONE APPLICATION (REZ 98-7)
- Joni J. Metzler Prorit Sharing Plan has submitted an application for a Change of
Zone by changing the district classification from Single Family Residential (RS-15) to Village
Commercial (CV-10) for approximately 29,555 square feet of land. The property is located at
the southwest comer of the Akoni Pule Highway and Kynnersley Road intersection at
Puepuehu, North Kohala, Hawaii, TMK: 5-4-7: Portion of 2.
GENERAL INFORMATION
1. Land Ownership: Joni J. Metzler is the owner of the subject property.
PROPOSED DEVELOPMENT
2. Request: The applicant proposes to develop a 4,500 square foot single story retail and
commercial center.
3. Objectives: "Details of Proposed Use/Development
"A. The applicant proposes to develop a 4,500 square foot single story structure on a
portion of this presently vacant and unused site.
"B. The objective is to provide office-retail space in the growing North Kohala real
estate market. The location, on the corner of Kynnersley Road and Akoni Pule
Highway, is considered to be a prime location by experienced Realtors in the
area. Two of the other three comer lots at this intersection have already been
developed as commercial sites; the Kohala Federal Credit Union on the
northwest comer and Naito Store on the northeast corner. The remaining
comer lot, the southeast comer, while zoned RS-15 houses the physician offices
of Dr. Patrick Siu.
"C. The project site is 31,591 square foot portion of Tax Map Key: (3) 5-4-007:002
with a 2,036 square feet road parcel previously reserved for future road
widening. This leaves a net developable area of 29,555 square feet. The
ATTACH. C-911
(B-271)
proposed development will occur on lot 1 of the proposed subdivision of this
parcel identified as SUB 97-098.
"D. The applicant proposes to develop a 4,500 square foot single story building with
accompanying parking and landscaping. Please refer to the plot plan attached as
an exhibit to this application.
"E. The applicants propose to construct the building within two years after the
approval of the change of zone. The anticipated cost of the structure and
associated improvements is $350,000.
"F. It is anticipated that the number of employees for the facility will be between 15
to 20, depending on final negotiations with tenants.
"G. Parking for the proposed uses will be provided on site. Actual parking
requirements will be determined at the time of Plan Approval. Based on the
standards in the zoning code, Section 25-4-51 (a) (3), the 4,500 sf building will
require 15 parking stalls.
"H. The project site is served by both the Akoni Pule Highway and Kynnersley
Road. These two access points will allow an efficient traffic pattern that will
minimize impacts to either of the two roadway systems.
"I. The site will be serviced by an 8" waterline on Akoni Pule Highway, fronting
the north side of the site.
"J. Electrical service and cable service will be provided to the site via overhead
tines on Akoni Pule Highway fronting on the north side of the site.
4. Supportive Information: The applicant has submitted the following in support of the
request: (See Exhibit A - Application for Change of Zone dated April 22, 1998)
STATE AND COUNTY PLANS
5. SLUC: Urban
6. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes.
7. General Plan Consistency: Economic and Land Use Commercial goals, policies and
courses of action for North Kohala.
-2-
8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The area is
designated Medium Density Urban Development. Medium Density Urban
Development refers to village and neighborhood commercial and residential and related
functions with commercial permitted up to three stories and residential permitted up to
35 units per acre.
9. North Kohala Community Development Plan: The North Kohala Community
Development Plan Land Use Concept Map designates this area as existing urban which
includes Residential - 4 units per acre, Village Commercial and Neighborhood
Commercial.
10. County Zoning: The property is currently zoned Single Family Residential (RS-15).
11. SMA: The property is not situated within the Special Management Area.
12. Subdivision: The applicant has a pending Subdivision Application (SUB97-98) for a
five lot subdivision which has received tentative approval on April 8, 1998. The
subject property is Lot No. 1 of the proposed subdivision.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
13. Property: The subject property consists of a 29,555 square feet, is vacant of any uses
and rectangular in shape. The property is located at the southwest corner of the Akoni
Pule Highway and Kynnersley Road intersection.
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, of the Kohala Series (KhA).
The Kohala series consists of well-drained silty clays that formed in material from basic
igneous rock influenced by volcanic ash. In a representative profile the surface layer is
very dark grayish-brown and dark-brown silty clay about 14 inches thick. The subsoil
is about 25 inches thick and consists of dark-brown to dark yellowish-brown silty clay
loam and silty clay. Permeability is moderately rapid, runoff is slow to medium, with 0
to 3 percent slopes. The erosion hazard is slight to moderate. This soil is used mostly
for irrigated sugarcane. Small areas are used for pasture, orchards, and truck crops.
15. ALISH System: The property is classified as existing urban development on the State
Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii
-3-
(ALISH) Map.
16. Land Study Bureau's Detailed Land Classification System: Soils within the subject
property are classified as "U" (Urban uses) for agricultural productivity by the Land
Study Bureau.
17. Fauna and Flora Resources: According to the applicant's Environmental Report,
"The site was graded many years ago and now, though vacant has been continuously
mowed and maintained in this manicured condition. The site is primarily mowed
grasses kept at a height less than 1 inch. There is a border of ironwood trees along the
frontage with Kynnersley Road. There are three coconut palms and four plumeria trees
located in this tree line as well. The only observed faunal activity was field mice, feral
and domestic cats and domestic dogs."
18. Archaeological Resources: According to the applicant's Environmental Report, no
historic sites were present on the parcel. The proposed action will not have any effect
on significant historic sites. Nevertheless, a condition will be included to require the
notification of the Department of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD) should archaeological sites be encountered during the course of
development.
19. FIRM: The subject property is located within Zone X, area determined to be outside
the 500-year flood plain.
20. Surrounding Zoning/Land Uses: Lands to the north are zoned Commercial (CV-10
and CN-10) and Single Family Residential (RS-15). Lands to the east and south of the
subject property are zoned Single Family Residential (RS-15). Lands to the west are
zoned Single Family Residential (RS-15) and Commercial (CV-10). The lands to the
north, east and west have a mix of commercial and single family residential uses. The
land to the south are in single family residential uses.
PUBLIC FACILITIES AND CERVICES
21. Access: Access to the site is provided by Akoni Pule Highway, a state-owned highway
with pavement width varying between 30 and 40 feet but with a road right-of-way width
of 80 feet.
-4-
22. Water: Water is available from an 8-inch transmission main along the Akoni Pule
Highway.
23. Wastewater: Wastewater will be accommodated by individual wastewater systems.
24. Utilities: Electrical and telephone service will be made available to the property.
AGENCIES' COMMENTS
25. Department of Water Supply (June 4, 1998 Memo):
"The applicant has secured a water commitment for the proposed project through
subdivision application No. 97-098.
"It should be noted that the water commitment is good for one water unit, which is
limited to 600 gallons per day (gpd) maximum usage. We also recommend that the
applicant discuss fire-flow requirements with the Fire Department."
26. Department of Land and Natural Resources, Land Division (May 6, 1998 Letter):
"After a review of the subject application, we have no comment. Thank you for the
opportunity to review the same."
27. Department of Land and Natural Resources, Historic Preservation Division
(May 27, 1998 Letter):
"This is in response to your Memo of May 1, 1998 regarding the subject application.
"The application notes that the 30,000 square foot parcel previously had a residence on
it, but that the home was destroyed in the late 1970s after which it was graded and used
for pasturage. Based on this information it is unlikely that any significant historic sites
would be found on the property today. We thus believe that the proposed development
of this parcel will have `no effect' on significant historic sites."
28. Department of Public Works: (See Exhibit B - May 27, 1998 Memo)
29. Police Department: (See Exhibit C - May 18, 1998 Memo and Applicant's
Response - June 2, 1998 Letter)
30. Fire Department: (See Exhibit D - May 20, 1998 Memo)
31. Department of Health: (See Exhibit E - May 6, 1998 Memo and Applicant's
Response - May 18, 1998 Letter)
32. Department of Transportation: (See Exhibit F - May 20, 1998 Memo)
33. Applicant's Response to DOT and Fire: (See Exhibit G - June 8, 1998 Letter)
-5-
AGENCIES - NO RESPONSE
34. Natural Resources Conservation Service, Department of Finance-Real Property
Tax, Land Use Commission, HELCO and Department of Agriculture
PUBLIC COMMENTS
35. The Department has not received any comments or objections from the public or
adjacent land owners on the subject request.
-6-
COUNTY OF HAWAII
PLANNING DEPARTMENT
CHANGE OF ZONE APPLICATION
(Type or legibly print the requested information)
APPLICANT: Joni J. Metzler Sharing Plan
r APPLICANT'S SIGNATURE: DATE: 4/22/98
ADDRESS: P. 0. Box 33
Hawi, Hawaii 96719
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 989-0581 (Res.) ss9-5895 (Fax)
LANDOWNER(S):
t LANDOWNER SIGNATURE(S): A?D DATE: Ll97/on
(May letter)
LANDOWNER(S) ADDRESS: P.O. Box 33. Hawi _ Hawaii ()6719
REQUEST: Residential-15.000 sf (RS-15) TO Village Commarrial in Ono of
(Existing 7omng) (Proposed Zoning)
TAX MAP KEY: (3) 5-4-007:002 portion
STREET ADDRESS OF PROPERTY: corner of Kvnnersley Road and Aknni Pule Highway
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 99.555 ,f
AGENT: Gregorv R. Mooers. Mooers Enterprises
ADDRESS: P.O. Box 1101
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 885-6839 (Res.) 885-7L26 (Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Metzler COPIES: Mooers
(See instructions on Reverse Side)
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? Yes
if yes, please answer the rest of question 1 and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide? 30,000 s.f.
b. Into what lot sizes? This property is presently being subdivided
into 4 15,000 sf lots and the remainder lot of 30,000 sf; tFe subject
c. If your request is approved, approximately how long of this application.
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval? submitted (SUB 97-5
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone wno has firm
plans?
b. Sell or lease the land to someone wno has tentative
plans?
C. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
f. If you intend to do either a, o, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
suoject land to anotner party.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
The applicant proposes to develop retail/commercial space on
the property within 2'4months after receiving all required approvals.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? Yes
if so, please elaborate on your findings in the space provided
below.
The applicant has consulted with experienced Realtors in the
North Kohala area. They have confirmed that there is a need
for additional office and retail space. There have been some
preliminary discussions with potential tenants.
-2-
5. Have you performed any study whicn discusses zne
environmental impacts your request would nave on the
surrounding area and/or the County? Yes
if so, please elaborate on your findings in the space
provided below.
Please see the County Environmental Report submitted as a part
of this application.
6. Are there any buildings on the subject area? N_
If so, what kind?
What do you intend to do with those buildings if your
request is approved?
7. Is the subject land currently being used for any
agricultural activitity? No
If so, please list the kinds of products grown and on
how many square feet or acres of land per product.
-3-
B. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
if so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
Yes No
a. Schools x
b. Roads x
c. Sewer x
d. Drainage x
e. Police Protection x
f. Fire Protection x
g. Recreational Facilities x
h. Public Utilities x
i. Other x
-4-
For those checked ,yes,,, please elaborate what type or kinds of
improvements and/or assistance are needed.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
The Department of Land and Natural Resources, Historic Preservation
Division was consulted as a part of this application process.
7
r Signature:
Address: P.0- Box 49. Hawi. Hawaii 96719
Telephone: 889-5825
Date: 4/22/98
-5-
6338A/50A
P.D. 5/84
BACKGROUND AND COUNTY ENVIRONMENTAL
REPORT
CHANGE OF ZONE APPLICATION:
Single Family 15,000 square feet to Village Commercial (CV-10)
APPLICANT: Joni J. Metzler Profit Sharing Plan
Tax Map Key: (3) 5-4-007:002
Being a Portion of Grant 1544 at
Puepuehu, North Kohala, Hawaii
The applicant, Joni J. Metzler Profit Sharing Plan, is requesting a Change of Zone for
approximately 29,555 square feet of land at Puepuehu, North Kohala, Hawaii, from
Residential 15,000 square feet (RS-15) to Village Commercial 10,000 square feet (CV-
10). This site is a portion of Tax Map Key: (3) 5-4-tj07:002, identified as Lot 1 of SUB
97-098, please see the plot plan attached as an exhibit.
A. SUBJECT REQUEST
1. Details of Proposed Use/Development
A. The applicant proposes to develop a 4,500 square foot single story
structure on a portion of this presently vacant and unused site.
B. The objective is to provide office-retail space in the growing North Kohala
real estate market. The location, on the comer of Kynnersley Road and
Akoni Pule Highway, is considered to be a prime location by experienced
Realtors in the area. Two of the other three corner lots at this intersection
have already been developed as commercial sites; the Kohala Federal
Credit Union on the northwest comer and Naito Store on the northeast
comer. The remaining comer lot, the southeast corner, while zoned RS-15
houses the physician offices of Dr. Patrick Siu.
C. The project site is 31,591 square foot portion of Tax Map Key: (3) 5-4-
007:002 with a 2,036 square feet road parcel previously reserved for future
road widening. This leaves a net developable area of 29,555 square feet.
The proposed development will occur on lot 1 of the proposed subdivision
of this parcel identified as SUB 97-098.
D. The applicant proposes to develop a 4,500 square foot single story building
with accompanying parking and landscaping. Please refer to the plot plan
attached as an exhibit to this application.
E. The applicants propose to construct the building within two years after the
approval of the change of zone. The anticipated cost of the structure and
associated improvements is $350,000.
F. It is anticipated that the number of employees for the facility will be
between 15 to 20, depending on final negotiations with tenants.
G. Parking for the proposed uses will be provided on site. Actual parking
requirements will be determined at the time of Plan Approval. Based on
the standards in the zoning code, Section 25-4-51 (a) (3), the 4,500 sf
building will require 15 parking stalls.
H. The project site is served by both the Akoni Pule Highway and Kynnersley
Road. These two access points will allow an efficient traffic pattern that
will minimize impacts to either of the two roadway systems.
1. The site will be serviced by in 8" waterline on Akoni Pule Highway,
fronting the north side of the site.
J. Electrical service and cable service will be provided to the site via overhead
lines on Akoni Pule Highway fronting on the north side of the site.
B. CONFORMANCE WITH STATE/COUNTY PLANS
2. The State Land Use designation for the site is Urban. The applicant believes
that the proposed change of zone is consistent with the State Land Use
Designation of Urban and fits well with the surrounding commercial uses.
3. The applicant believes the proposed use is consistent with applicable
goals/policies and objectives of the General Plan:
The applicant believes that the proposed change is consistent with the goals
policies and standards of the Economic element of the General Plan.
Provide residents with opportunities to improve their quality of life.
The County of Hawaii shall strive for diversity and stability in its economic
system.
The County of Hawaii shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
The County shall identify and encourage primary industries that are consistent
with the social, physical, and economic goals of the residents of the County.
The applicant believes that the proposed change is consistent with the goals
policies and standards of the Land Use element of the General Plan:
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access and
public need
Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
The applicant also believes that the approval of the requested change of zone will
compliment the following goals and policies of the Commercial Element of the
General Plan:
Provide for commercial developments that maximize convenience to users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community, and regional needs.
Commercial facilities shall be developed in areas adequately served by
necessary services, such as water, utilities, sewers, and transportation systems.
Distribution of Commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
4. The applicant believes that the proposed change of zone conforms to the
General Plan Land Use Pattern Allocation Guide (LUPAG) Map which
designates the property for Medium Density Urban Development. Such a
designation allows for such uses as village and neighborhood commercial and
residential and related functions, provided that applicable goals, policies and
standards of the General Plan are met.
5. The present zoning of the site is Residential 15,000 square feet, (RS-15). The
balance of the property, 60,000 square feet, that is not the subject of this
change of zone request will be developed as four 15,000 square foot residential
lots in accordance with this zoning.
6. The North Kohala Community Development Plan identifies this site as Urban.
The Land Use Concept Map shows this parcel as part of the Kynnersley-
Kapaau Village, with proposed residential, Village Commercial and
Neighborhood Commercial uses. This proposed use is consistent with this
plan. The community development plan recommends:
Encourage the revitalization of the existing commercial areas of Hawi, Kapaau
and Halaula.
The rezoning of additional commercial properties should be considered in
proximity to the existing commercial centers.
7. The project site is not located within the County's Special Management Area.
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
Physical Characteristics/Environmental Setting
8. The proposed project site is a rectangular property with the exception of a
6,800 square foot parcel on the comer of Akoni-Pule Highway owned by
another entity. Please refer to the Plot Plan attached as an exhibit. It is a
relatively flat site with slopes under 5% and no structures are located on the
parcel.
9. The Lava Hazard Zone for this area is 9, on a descending scale of I to 9, with
area 9 having the lowest risk. Zone 9 is defined as not having an eruption in
this area for the past 60,000 years.
10. The project site is approximately 1 mile south of the North Kohala coastline.
I 1. The Agricultural Lands of Importance to the State of Hawaii (ALISH) map
does not designate this area as prime, important or other important agricultural
lands. It is classified as existing urban.
12. The United State Department of Agriculture Natural Resources Conservation
Services Soil Service Report soil type is KhA, Kohala Silty Clay. This soil
type has 0 to 3% slope, it is found on the windward side of the Kohala
mountains. It is dissected by a few, deep, narrow gulches. In a representative
profile the surface layer is very dark grayish-brown and dark-brown silty clay
about 14 inches thick. The subsoil is about 25 inches thick and consists of
dark-brown to dark yellowish-brown silty clay loam and silty clay. The
substratum is weathered basic igneous rock. The profile is slightly acid in the
surface layer, slightly acid and neutral in the subsoil, and neutral in the
substratum. Permeability is moderately rapiu, runoff is slow and the erosion
hazard is slight. The available water capacity is about 1.7 inches per foot of
soil. Roots can penetrate to a depth of 5 feet or more. The soil is used for
irrigated sugarcane.
13. The Land Study Bureau soil rating has this soil listed in a "U" area, for urban
use. This is consistent with the fact that all of the surrounding area is
developed urban area in urban uses for decades.
14. The Flood Insurance Rate Map (FIRM) designation is zone °X", outside the
500 year flood plain.
15. There are no existing drainage ways or improvements on the site.
16. The air quality is good, there is ambient noise from the two abutting roadways,
particularly the Akoni Pule Highway which is the major thorough fare through
Hawi, Kapaau and Halaula. The municipal potable water to the site is
provided by the Department of Water Supply and is good.
Historic Resources:
17. There are no existing archaeological, cultural or historic sites on the National
Register or the Hawaii Register. A review of the North Kohala Community
Development Plan shows no historic features in this immediate area. The site
was used as a residential lots for many years by the Ah Sam family. The old
home was destroyed in the late 1970's and the site has been used to pasture
horses and cattle for the past two decades.
Natural Resources:
18. The site was graded many years ago and now, though vacant has been
continuously mowed and maintained in this manicured condition. Please see
the photographs attached as exhibits to this application. The site is primarily
mowed grasses kept at a height less than I inch. There is a border of ironwood
trees along the frontage with Kynnersley Road. There are three coconut palms
and four plumeria trees located in this tree line as well. The only observed
faunal activity was field mice, feral and domestic cats and domestic dogs.
19. Given the flat nature of the site, the distance to the shoreline and the developed
nature of the area, there are no coastline views from the site, only distant ocean
views. The development of this sight will not impact on any scenic or coastal
resource.
Social-Economic Characteristics:
20. This area of North Kohala was developed as a residential village decades ago
to provide housing and commercial services to the sugar workers at the various
North Kohala sugar plantations. More recently the area has become a
bedroom community for the visitor industry and the resorts on the South
Kohala coastline and Waimea town to the south over the Kohala Mountains.
21. There are very few major employment opportunities in the North Kohala area
other than small scale commercial enterprises in the towns of Hawi, Kapaau
and Halaula. These enterprises are focused to serve visitors and local
residents. There are small offices and some small-scale agricultural activities as
well.
22. Property values in the area have recovered from the depressed conditions
following the close of the sugar companies in the early 1970's and the
community has shown a steady growth over the past decade. Residential lots
in this immediate area are in the $75,000 to $80,000 range.
Surrounding Lands:
23 The property to the south of the site, up Kynnersley Road, is used for single-
family residences. The property to the east of the sight on Akoni Pule Road is
used for a doctor's office, single-family residences and small scale commercial
operations. The property to the north, on Akoni Pule Highway is commercial,
the Kohala Federal Credit Union, the Post Office and Naito Store are
immediately to the north of the site. Naito Store also houses a service station.
The property below Akoni Pule Highway to the north is used for single family
residences and further to the north is vacant, abandoned sugar land. The
property immediately to the west of the site is commercial and has been used
for a service station.
24. The property to the north of this site is zoned CV-10 (TMK: 5-4-10:17), CN-
10 (54-06:52) and RS-15. The property to the south is zoned RS-15, to the
east CN-10 and RS-15. The property immediately west of this site (5-4-07:03)
was rezoned to CV-10 in 1995.
D. PUBLIC FACILITIES AND SERVICES
25. The principle access to this site historically has been from the State owned and
maintained Akoni Pule Highway fronting the north boundary of the site. It has
a 70 foot right-of-way with 24 feet of pavement. The other frontage to the
east, is Kynnersley Road, a County owned and maintained 20 foot paved road
within a 40 foot right-of-way. There is no direct vehicular access to this parcel
from Kynnersley Road because of grade separation of eight feet near the
intersection with Akoni Pule Highway that slowly decreases until the grades
meet at the top of TMK: 5-4-07:02. Kynnersley Road has a pedestrian path on
the east side of the roadway that is separated from vehicles with an asphalt roll
curb. There is a privately owned road to the west of this site that provides
access to lots south of Akoni Pule Highway. There is presently no access to
this site from this private unimproved dirt roadway, and none is being sought in
the future. The applicant proposes to provide a landscape buffer on the west
side of the property to prevent direct vehicular access from this road.
26. Water will be made available to this site from an 8 inch line on Akoni Pule
Highway. The Department of Water Supply confirmed this availability in
writing in conjunction with subdivision application SUB 97-098.
27 Wastewater disposal in this area is by individual wastewater systems. It is
anticipated that the wastewater from this project will be via such a system that
meets with the requirements of the State Department of Health.
28. Solid waste generated on this site will be deposited in the County of Hawaii
Kaauhuhu solid waste transfer station located approximately one mile to the
south near the top of Kynnersley Road.
29. The site is serviced by the County of Hawaii's Police and Fire Facility located
approximately 1 mile to the east of this sight in Kapaau behind the courthouse.
30. Kohala Elementary and High Schools are located just north of Akoni Pule
Highway approximately 0.5 miles west of the project site.
31. There are recreation fields available at the public schools and the County of
Hawaii has a major regional park, Kamehameha Park, located just north of
Akoni Pule Highway about 0.5 miles to the east. This facility has a multi-
purpose gymnasium, swimming pool, ball fields and a golf driving range.
32. Electrical and cable television services are available to the project site on
Akoni Pule Highway that fronts the northern boundary of the site.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
33. In terms of the relationship between short-term uses of man's environment and
the maintenance and enhancement of long term productivity, no short-term
exploitation of resources that would entail negative long-term consequences
has been identified for the rezoning request.
34. The construction of the structures on the project site will generate construction
noise and dust during the construction period. These impacts will be mitigated
by restricting the construction period to daylight hours and using best industry
practices to control any fugitive dust.
35. One alternative would be to develop the property as a residential lot with the
existing zoning. The lot would have limited value because of the two street
frontages and the commercial nature of the Akoni Pule Highway corridor.
Realtors have advised that this would not be a desirable residential location.
Another alternative would be to leave the site undeveloped. This would deny
the owner the economic value of her property and not provide the needed
office and retail space for the community.
36. The construction of the office/retail structure and parking stalls would involve
the irreversible and irretrievable commitment of only negligible quantities of
natural resources.
F. CONCLUSION
Based on the application, questionnaire and the previous statements, the applicants
believe the approval of this change of zone request would result in an appropriate
land use that will serve the general public. The applicants respectfully request a
favorable consideration of this request to change the zone of the subject property
from Single Family Residential - 15,000 square foot (RS-15) to Village
Commercial - 10.000 square foot (CV-10).
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SITE PHOTOGRAPHS
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View looking north over the site to Akoni Pule Highway.
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View looking southeast over the property showing the access point and
grade difference at the intersection.
SITE PHOTOGRAPHS
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View looking south showing the Kynnersley Road frontage and the grade
difference at the intersection.
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View looking south-southeast showing undeveloped private roadway on
the west side of the site.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE May 27, 1998
Memorandum
TO Planning Director
FROM partment of Public Works
Engineering Division
SUBJECT: Change of Zone Application (REZ 98-7)
Applicant: Joni J. Metzler Profit Sharing Plan
Location: Honomakau & Puehuehu, North Kohala, HI
TMK: 5-4-07:02
We have reviewed the subject application and offer the following comments:
Building
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.
Roadwaya
4. Kynnersley Road should be improved along the property's frontage. Curb, gutter,
and sidewalk construction, pavement widening, any necessary transitions and striping,
drainage improvements, and relocation of utilities should be performed along this
frontage.
Memo to Planing Director
May 27, 1998
Page 2
5. Roadway frontage equal to half the difference between 50' and the existing ROW
width should be dedicated to the County per the General Plan.
6. We defer to DOT concerning improvements within the Akoni Pule Highway right-of-
way.
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
v• to -Wayne G.Carvalho
• Police Chief
Stephen K. Yamashiro
Mayor James S. Correa
•aY : Deputy Police Chief
Clunfg Of C~Itzfuafi
POLICE DEPARTMENT
349 Kapiolani Street • Hilo, Hawaii 96720.3998
(808) 935-3311 • Fax (808) 961.27M
May 18, 1998
TO VIRGINIA G S EIN, PLANNING DIRECTOR
FROM J C RREA, DEPUTY POLICE CHIEF
AC POLICE CHIEF
SUBJECT CHANGE OF ZONE APPLICATION (REZ 98-7)
APPLICANT: JONI J. METZLER PROFIT SHARING PLAN
REQUEST: RS-15 TO CV-10
TAX MAP KEY: 5-4-7:POR. 2
Staff reviewed the above-referenced change of zone application
and visited the project site. Because access from Akoni Pule
Highway (through street) will impact traffic, we offer the
following comments:
A "No Left Turn" from the westbound lane of travel on Akoni
Pule Highway is recommended because of its close proximity to
the Akoni Pule Highway intersection with the cross streets of
Kynnersley Road and Union Mill Road. Vehicles waiting to turn
onto the property could cause a back up into the intersection
and a bottleneck situation for vehicles wanting to turn onto
Union Mill Road (leads to entrance of post office) and
Kynnersley Road.
As indicated in the Background and County Environmental Report,
Section C, Physical Characteristics and Environmental Setting
of the Property and Surrounding Areas, Item No. 15, there are
"no existing drainage ways or improvements on the site." we
presume that the parking area will be paved; therefore,
provisions for water runoff drainage need to be addressed.
Visibility is a problem when accessing Akoni Pule Highway via
Kynnersley Road and Union Mill Road. With the potential of an
increase in traffic on Kynnersley Road, it is recommended that
the State Highways Division seek ways to eliminate this problem.
JMD: lk r t ;.~gti
AOOERS ENTERPRISES
P.O. Box 1 101
KAMUELA, HAWAII 96743
June 2, 1998
Ms. Virginia Goldstein
n -
Director
Planning Department
County of Hawaii
25 Aupuni Street -
Hilo, Hawaii 96720
Re: Change of Zone Application (98-7) n w
Request: RS-15 to CV-10 CD
Applicant: Joni J. Metzler Profit Sharing Plan
Tax Map Key: (3) 5-4-7:Por. 2
Puepuehu, North Kohala, Island of Hawaii, Hawaii
Initial Notification to Neighbors
Dear Ms. Goldstein:
With your letter of May 22, 1998, you forwarded comments on the above application that were
prepared by the Police Department. I have reviewed these comments with the applicant and we
have the following response.
The property has always had direct access to and from Akoni Pule Highway and the applicant
does not want to eliminate the possibility of direct access from cars moving west on Akoni Pule.
Initial discussions with the Department of Transportation, Highways Division did not reveal any
objection to continuing with the present traffic pattern. The applicant would prefer to resolve
these access issues with the Department of Transportation as the responsible agency. The appli-
cant will address all on-site drainage issues whether from the structure or the paved parking sup-
porting this proposed use.
If you or your staff require any additional information, please contact me directly.
Sincer ly,
Gre 'Mooe" rs
President
GRM:sp
enclosures
copy: James S. Correa, Deputy Police Chief
PHONE: (808) 8856839
FAX: (808) 8851574
(;51111-4
wx'xy L
,r Nelson M. Tsuji
i Fbn Chie(
Slcphen':_1:.lashiro
EdwardBumalay
Depu(i Fire Chief
,I It oix~ ( '
Tauntu of Aax aaii
FIRE DEPARTMENT
7777 Kilauea Avenuo • Mall Lano, Room 6 • Hilo, Hawan 96720-4239
!808)961-8297 pax (808)961-82%
May-20, 1998
To: Virginia Goldstein, Planning Director
From: Nelson M. Tsuji, Fire Chief
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-7)
APPLICANT: JONI J. METZLER PROFIT SHARING PLAN
REQUEST: RS-15 TO CV-10
TAX MAP KEY: 5-4-7•POR 2
Water supply shall be in accordance with UFC 10.301:
"INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY
SYSTEMS AND APPLIANCES
"Installation
"Sec. 10.301. (a) Type Required. The chief shall designate
the type and number of fire appliances to be installed and
maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings. This shall be done
according to the relative severity of probable fire, including
the rapidity with which it may spread. Such appliances shall
be of a type suitable for the probable class of fire
associated with such building or premises and shall have
approval of the chief.
"(b) Special Hazards. In occupancies of an especially
hazardous nature or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire
apparatus is unduly difficult, additional safeguards may be
required consisting of additional fire appliance units,
morethan 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 = o,,N%00 <
.0
04999
To: Virginia Goldstein, Planning Director
Page 2
May 20, 1998
asbestos 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) Approval and Testing. All fire alarm systems, fire
hydrant systems, fire extinguishing systems (including
automatic sprinklers), Class I, II, and III (combination
standpipe system) and combined systems, basement inlet pipes,
ToV Virginia Goldstein, Planning Director
Page 3
May 20, 1998
and other fire protection systems and appurtenances thereto
shall meet the approval of the fire department as to
installation and location and shall be subject to periodic
-tests as required herein. Plans and specifications shall be
submitted to the fire department for review and approval prior
to installation."
N
Fire Chief
NMT/mo
. - ` Sf, Gs e1 V
4H! 1p6p 1
e
.MIND ETANO LAWRENCE MIKE
GOVERNOR ; e DIRECTOR OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: May 6, 1998
TO: Virginia Goldstein
Planning Director, County of Hawaii
FROM: Aaron Ueno k A-
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 98-7)
Applicant: Joni J. Metzler Profit Sharing Plan
Request: RS-15 to CV-10
Tax Map Keys-4-7 Por. 2
The Department of Health does not have any objections to the proposed change in land uses.
However, planned land use activities adjacent to existing residential areas should be compatible
with a residential neighborhood.
The subject lot(s) are located in a Non-Critical Wastewater Disposal Area where cesspools are
allowed under the current rules. More than one cesspool is allowed provided 10,000 sq. ft. per
cesspool is available. Each cesspool can dispose of 1,000 gallons per day of wastewater.
Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm tun-offs from
the proposed development need to address the requirements of Chapter 23, Hawaii State
Department of Health Administrative Rules, Title 11, "Underground Injection Control."
Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter
11-46, "Community Noise Control."
a. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
EXHIBIT
i : A ^ C-)"
Virginia Goldstein
May 6, 1998
Page 2
b. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
C. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at
933-0917.
WP7.0:REZ98-7.mi
AOOERS ENTERPRISES
P.O. BOX 1 101
KAMUELA, HAWAII 96743
May 18, 1998
Ms. Virginia Goldstein
Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Change of Zone Application (98-7)
Request: RS-15 to CV-10
Applicant: Joni J. Metzler Profit Sharing Plan
Tax Map Key: (3) 5-4-7:Por. 2
Puepuehu, North Kohala, Island of Hawaii, Hawaii
Initial Notification to Neighbors
Dear Ms. Goldstein:
With your letter of May 6, 1998, you forwarded comments on the above application that were
prepared by the Department of Health. I have reviewed these comments with the applicant and
we agree to comply with these provisions of the Department of Health's administrative rules.
If you or your staff require any additional information, please contact me directly.
Sincer ly,
Greg . Mooers
President
GRM: sp
enclosures
PHONE: (808) 8856839
FAX: (808) 885-1574
c
2ENJAM11: J. CAYETANO KAZU HAVASHIDA
GOVERNOR 4p :•,aso~ ~ DIRECTOR
u •~~'%r- ~DEPUTY DIRECTORS
P BRIAN K. MINAAI
GLENN M. OKIMOTO
STATE OF HAWAII GrJ1J~`~ 1 ` \ IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
669 PUNCHBOWL STREET HWY-PS
HONOLULU, HAWAII 96613-5097 2.9533
AN -1 1998
Ms. Virginia Goldstein
Director
Planning Department
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
Dear Ms. Goldstein:
Subject: Change of Zone Application (REZ 98-7), Joni Metzler Profit Sharing Plan,
RS-15 to CV-10, North Kohala, Hawaii, TMK: (3) 5-4-007: 002
Thank you for the opportunity to comment on the subject application.
We have the following comments:
1. The site does not have direct access to Akoni Pule Highway at the present time. We have
no objection to permitting direct access to the State highway for the commercial
development provided the driveway connects through the property to another access on
Kynnersley Road.
2. The applicant will be charged an administrative fee of $1,000 to process a request for
access.
3. An enhanced valuation fee will also be assessed. The applicant is advised to consult with
the Highways Division, Right-of-Way Branch, at 587-2019, to determine the
enhancement value consideration for a new access.
4. The subdivision's metes and bounds descriptions do not match our right-of-way maps.
For example, Road Parcel No. 91 is labeled 2,036 square feet on the subdivision map, but
our right-of-way map shows the parcel as 1,092 square feet. The applicant should contact
the Highways Division, Hawaii District office, to resolve the discrepancy.
EXHIBIT
tJ~Jis.~~
Ms. Virginia Goldstein HWY-PS 2.9533
Page 2
IN - ? 1998
5. No additional storm discharge shall be allowed onto the State highway right-of-way.
6. The applicant must apply for a driveway permit from the Highways Division, Hawaii
District office. All plans for construction within the State highway right-of-way must be
submitted for our review and approval.
Very truly yours,
KAZU HAYASHIDA
Director of Transportation
tOOERS ENTERPRISES
P.O. Box 1 101
1"`, ` YC KAMUFL.A, HAWAII 96743
CDU~~~~
June 8, 1998
Ms Virginia Goldstein
Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Change of Zone Application (98-7)
Request: RS-15 to CV-10
Applicant: Joni J. Metzler Profit Sharing Plan
Tax Map Key: (3) 54-7:Por. 2
Puepuehu, North Kohala, Island of Hawaii, Hawaii
Initial Notification to Neighbors
Dear Ms. Goldstein:
With your letters of June 2 and 4, 1998, you forwarded comments on the above application that were pre-
pared by the Department of Transportation and the Fire Department. I have reviewed these comments
with the applicant and we agree to comply with these provisions of the Fire Department's code and rules.
We do not agree with all of the comments made by the Department of Transportation. The subject prop-
erty has historically had and utilized direct access onto Akoni Pule Highway because of the grade separa-
tion along most of the property's frontage with Kynnersley Road. When the property was used by the Ali
Sam family for residential purposes the gated driveway was located at the western end of the property
fronting Akoni Pule Highway. When the property was used to pasture livestock the same access was also
uscd. Th applicant do;.s not b--lieve she should ao:v h:.ve to purchase this historical easement. The appli-
cant agrees with comments 4, 5 and 6.
If you or your staff require any additional information, please contact me directly.
Sincerely,
Grego . M Oers*o~
President
GRM:sp EXHIBIT
enclosures
copy: Fire Department
Department of Transportation
PHONE: (808) 8856839
FAx: (808) 585-1574 a ; 5439
' MOOERS ENTERPRISES
P.O. Box 1 101
KAMUEL,A, HAWAII 96743
COUNCIL COPY
DO NOT REMOVE
CHANGE OF ZONE APPLICATION
Residential 15,000 square feet (RS-15) to
Village Commercial 10,000 square feet (CV-10)
Applicant: Joni J. Metzler Profit Sharing Plan
TMK # (3) 5-4-007:002 portion
Being a Portion of Royal Patent Grant 1544 at
Puepuehu, North Kohala, Island of Hawaii, Hawaii
Submitted by:
Mooers Enterprises
April 28, 1998
PHONE: (BOB) 8856939
F. : (808) 885.1574
COUNTY OF HAWAII
PLANNING DEPARTMENT
CHANGE OF ZONE APPLICATION
(Type or legibly print the requested information)
APPLICANT: Joni J. Metzler Sharing Plan
y APPLICANT'S SIGNATURE: DATE: 4/22/98
ADDRESS: P. 0. Box 33
Hawi, Hawaii 96719
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 989-0591 (Res.) 989-5925 (Fax)
LANDOWNER(S): Toni -T- Morglar-T-ro-ri-L Shar~agJLLm
e LANDOWNER SIGNATURE(S): DATE: a ~~/a9
(May b letter)
LANDOWNER(S) ADDRESS: P.O. Box 33. Hawi. Hawaii 961719
REQUEST: Residential.-15,000 sf (RS-15) TO Village CommPrriat In OQQ Gf (VC - In)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 5-4-007:002 portion
STREET ADDRESS OF PROPERTY: corner of Kynners ley Road and Aknni Pit 1P Hi g crag
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: _ 29.555 .cf
AGENT: Gregor R. Mooers, Mooers Enternrisea
ADDRESS: P.O. Box 1101
Kamuela, Hawaii 96743
TELEPHONE:(Bus.) 885-6839 (Res.) 885-7L26 (Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Metzler COPIES: Mooers
(See Instructions on Reverse Side)
• c
ATTACHMENT
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? Yes
If yes, please answer the rest of question 1 and then to
question 3.
a. How many acres of the requested area do you intend to
subdivide? 30,000 s.f.
b. Into what lot sizes? This property is presently being subdivided
into 4 15,000 sf lots and the remainder lot of 30,000 sf tTe subject
c. If your request is approved, approximately how long of this application.
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval? submitted (sus 97-9
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans?
b. Sell or lease the land to someone who has tentative
plans?
C. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
t
f. If you intend to do either a, u, or c, please elaoorate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. What specific building plans do you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc.); financing arrangement;
timetable for construction; and any other information which you
feel might help us in evaluating your request.
The applicant proposes to develop retail/commercial space on
the property within 14 months after receiving all required approvals.
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? Yes
if so, please elaborate on your findings in the space provided
below.
The applicant has consulted with experienced Realtors in the
North Kohala area. They have confirmed that there is a need
for additional office and retail space. There have been some
preliminary discussions with potential tenants.
-2-
5. Have you performed any study which discusses the
environmental impacts your request would nave on the
surrounding area and/or the County? Yes
if so, please elaborate on your findings in the space
provided oelow.
Please see the County Environmental Report submitted as a part
of this application.
6. Are there any ouildings on the subject area? N_
If so, what kind?
What do you intend to do with those buildings if your
request is approved?
7. Is the subject land currently being used for any
agricultural activitity? No
if so, please list the kinds of products grown and on
how many square feet or acres of land per product.
-3-
c
8. To your knowledge, has there been any flooding and/or
drainage problem on the subject area? No
if so, please describe the problem.
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
Yes No
a. Schools x
b. Roads x
c. Sewer x
d. Drainage x
e. Police Protection x
f. Fire Protection x
g. Recreational Facilities x
h. Public utilities x
i. Other x
-4-
y f
For those checked eyes,,, please elaborate what type or kinds of
improvements and/or assistance are needed.
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
The Department of Land and Natural Resources, Historic Preservation
Division was consulted as a part of this application process.
f Signature:
Dc~>
Address: P.O. Box 91. HAwi_ HAVAii 96719
Telephone: 889-5825
Date: 4/22/98
-5-
6338A/50A
P.D. 5/84
BACKGROUND AND COUNTY ENVIRONMENTAL
REPORT
CHANGE OF ZONE APPLICATION:
Single Family 15,000 square feet to Village Commercial (CV-10)
APPLICANT: Joni J. Metzler Profit Sharing Plan
Tax Map Key: (3) 5-4-007:002
Being a Portion of Grant 1544 at
Puepuehu, North Kohala, Hawaii
The applicant, Joni J. Metzler Profit Sharing Plan, is requesting a Change of Zone for
approximately 29,555 square feet of land at Puepuehu, North Kohala, Hawaii, from
Residential 15,000 square feet (RS-15) to Village Commercial 10,000 square feet (CV-
10). This site is a portion of Tax Map Key: (3) 5-4-007:002, identified as Lot 1 of SUB
97-098, please see the plot plan attached as an exhibit.
A. SUBJECT REQUEST
1. Details of Proposed Use/Development
A. The applicant proposes to develop a 4,500 square foot single story
structure on a portion of this presently vacant and unused site.
B. The objective is to provide office-retail space in the growing North Kohala
real estate market. The location, on the comer of Kynnersley Road and
Akoni Pule Highway, is considered to be a prime location by experienced
Realtors in the area. Two of the other three comer lots at this intersection
have already been developed as commercial sites; the Kohala Federal
Credit Union on the northwest corner and Naito Store on the northeast
corner. The remaining corner lot, the southeast corner, while zoned RS-15
houses the physician offices of Dr. Patrick Siu.
C. The project site is 31,591 square foot portion of Tax Map Key: (3) 5-4-
007:002 with a 2,036 square feet road parcel previously reserved for future
road widening. This leaves a net developable area of 29,555 square feet.
The proposed development will occur on lot 1 of the proposed subdivision
of this parcel identified as SUB 97-098.
D. The applicant proposes to develop a 4,500 square foot single story building
with accompanying parking and landscaping. Please refer to the plot plan
attached as an exhibit to this application.
E. The applicants propose to construct the building within two years after the
approval of the change of zone. The anticipated cost of the structure and
associated improvements is $350,000.
F. It is anticipated that the number of employees for the facility will be
between 15 to 20, depending on final negotiations with tenants.
G. Parking for the proposed uses will be provided on site. Actual parking
requirements will be determined at the time of Plan Approval. Based on
the standards in the zoning code, Section 25-4-51 (a) (3), the 4,500 sf
building will require 15 parking stalls.
H. The project site is served by both the Akoni Pule Highway and Kynnersley
Road. These two access points will allow an efficient traffic pattern that
will minimize impacts to either of the two roadway systems.
1. The site will be serviced by an 8" waterline on Akoni Pule Highway,
fronting the north side of the site.
J. Electrical service and cable service will be provided to the site via overhead
lines on Akoni Pule Highway fronting on the north side of the site.
B. CONFORMANCE WITH STATE/COUNTY PLANS
2. The State Land Use designation for the site is Urban. The applicant believes
that the proposed change of zone is consistent with the State Land Use
Designation of Urban and fits well with the surrounding commercial uses.
3. The applicant believes the proposed use is consistent with applicable
goals/policies and objectives of the General Plan:
The applicant believes that the proposed change is consistent with the goals
policies and standards of the Economic element of the General Plan:
Provide residents with opportunities to improve their quality of life
The County of Hawaii shall strive for diversity and stability in its economic
system.
The County of Hawaii shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
The County shall identify and encourage primary industries that are consistent
with the social, physical, and economic goals of the residents of the County.
The applicant believes that the proposed change is consistent with the goals
policies and standards of the Land Use element of the General Plan:
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access and
public need.
Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
The applicant also believes that the approval of the requested change of zone will
compliment the following goals and policies of the Commercial Element of the
General Plan:
Provide for commercial developments that maximize convenience to users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities, and
neighborhoods.
Distribution of commercial areas shall be such as to best meet the demands of
neighborhood, community, and regional needs.
Commercial facilities shall be developed in areas adequately served by
necessary services, such as water, utilities, sewers, and transportation systems.
Distribution of Commercial areas shall be such as to best meet the demands of
neighborhood, community and regional needs.
4. The applicant believes that the proposed change of zone conforms to the
General Plan Land Use Pattern Allocation Guide (LUPAG) Map which
designates the property for Medium Density Urban Development. Such a
designation allows for such uses as village and neighborhood commercial and
residential and related functions, provided that applicable goals, policies and
standards of the General Plan are met.
5. The present zoning of the site is Residential 15,000 square feet, (RS-15). The
balance of the property, 60,000 square feet, that is not the subject of this
change of zone request will be developed as four 15,000 square foot residential
lots in accordance with this zoning.
6. The North Kohala Community Development Plan identifies this site as Urban.
The Land Use Concept Map shows this parcel as part of the Kynnersley-
Kapaau Village, with proposed residential, Village Commercial and
Neighborhood Commercial uses. This proposed use is consistent with this
plan. The community development plan recommends:
Encourage the revitalization of the existing commercial areas of Hawi, Kapaau
and Halaula.
The rezoning of additional commercial properties should be considered in
proximity to the existing commercial centers.
7. The project site is not located within the County's Special Management Area.
C. PHYSICAL CHARACTERISTICS AND ENVII2ONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
Physical Characteristics/Environmental Setting
8. The proposed project site is a rectangular property with the exception of a
6,800 square foot parcel on the corner of Akoni-Pule Highway owned by
another entity. Please refer to the Plot Plan attached as an exhibit. It is a
relatively flat site with slopes under 5% and no structures are located on the
parcel.
9. The Lava Hazard Zone for this area is 9, on a descending scale of 1 to 9, with
area 9 having the lowest risk. Zone 9 is defined as not having an eruption in
this area for the past 60,000 years.
10. The project site is approximately I mile south of the North Kohala coastline.
11. The Agricultural Lands of Importance to the State of Hawaii (ALISH) map
does not designate this area as prime, important or other important agricultural
lands. It is classified as existing urban.
12. The United State Department of Agriculture Natural Resources Conservation
Services Soil Service Report soil type is KhA, Kohala Silty Clay. This soil
type has 0 to 3% slope, it is found on the windward side of the Kohala
mountains. It is dissected by a few, deep, narrow gulches. In a representative
profile the surface layer is very dark grayish-brown and dark-brown silty clay
about 14 inches thick. The subsoil is about 25 inches thick and consists of
dark-brown to dark yellowish-brown silty clay loam and silty clay. The
substratum is weathered basic igneous rock. The profile is slightly acid in the
surface layer, slightly acid and neutral in the subsoil, and neutral in the
substratum. Permeability is moderately rapid, runoff is slow and the erosion
hazard is slight The available water capacity is about 1.7 inches per foot of
soil. Roots can penetrate to a depth of 5 feet or more. The soil is used for
irrigated sugarcane.
11 The Land Study Bureau soil rating has this soil listed in a "U" area, for urban
use. This is consistent with the fact that all of the surrounding area is
developed urban area in urban uses for decades.
14. The Flood Insurance Rate Map (FIRM) designation is zone "X", outside the
500 year flood plain.
15. There are no existing drainage ways or improvements on the site.
16. The air quality is good, there is ambient noise from the two abutting roadways,
particularly the Akoni Pule Highway which is the major thorough fare through
Hawi, Kapaau and Halaula. The municipal potable water to the site is
provided by the Department of Water Supply and is good.
Historic Resources:
17. There are no existing archaeological, cultural or historic sites on the National
Register or the Hawaii Register. A review of the North Kohala Community
Development Plan shows no historic features in this immediate area. The site
was used as a residential lots for many years by the Ah Sam family. The old
home was destroyed in the late 1970's and the site has been used to pasture
horses and cattle for the past two decades.
Natural Resources:
18. The site was graded many years ago and now, though vacant has been
continuously mowed and maintained in this manicured condition. Please see
the photographs attached as exhibits to this application. The site is primarily
mowed grasses kept at a height less than 1 inch. There is a border of ironwood
trees along the frontage with Kynnersley Road. There are three coconut palms
and four plumeria trees located in this tree line as well. The only observed
faunal activity was field mice, feral and domestic cats and domestic dogs.
19. Given the flat nature of the site, the distance to the shoreline and the developed
nature of the area, there are no coastline views from the site, only distant ocean
views. The development of this sight will not impact on any scenic or coastal
resource.
Social-Economic Characteristics:
20. This area of North Kohala was developed as a residential village decades ago
to provide housing and commercial services to the sugar workers at the various
North Kohala sugar plantations. More recently the area has become a
bedroom community for the visitor industry and the resorts on the South
Kohala coastline and Waimea town to the south over the Kohala Mountains.
21. There are very few major employment opportunities in the North Kohala area
other than small scale commercial enterprises in the towns of Hawi, Kapaau
and Halaula. These enterprises are focused to serve visitors and local
residents. There are small offices and some small-scale agricultural activities as
well.
22. Property values in the area have recovered from the depressed conditions
following the close of the sugar companies in the early 1970's and the
community has shown a steady growth over the past decade. Residential lots
in this immediate area are in the $75,000 to $80,000 range.
Surrounding Lands:
23. The property to the south of the site, up Kynnersley Road, is used for single-
family residences. The property to the east of the sight on Akoni Pule Road is
used for a doctor's office, single-family residences and small scale commercial
operations. The property to the north, on Akoni Pule Highway is commercial,
the Kohala Federal Credit Union, the Post Office and Naito Store are
immediately to the north of the site. Naito Store also houses a service station.
The property below Akoni Pule Highway to the north is used for single family
residences and further to the north is vacant, abandoned sugar land. The
property immediately to the west of the site is commercial and has been used
for a service station.
24. The property to the north of this site is zoned CV-10 (TMK: 5-4-10:17), CN-
10 (5-4-06:52) and RS-15. The property to the south is zoned RS-15, to the
east CN-10 and RS-15. The property immediately west of this site (5-4-07:03)
was rezoned to CV-10 in 1995.
D. PUBLIC FACILITIES AND SERVICES
25. The principle access to this site historically has been from the State owned and
maintained Akoni Pule Highway fronting the north boundary of the site. It has
a 70 foot right-of-way with 24 feet of pavement. The other frontage to the
east, is Kynnersley Road, a County owned and maintained 20 foot paved road
within a 40 foot right-of-way There is no direct vehicular access to this parcel
from Kynnersley Road because of grade separation of eight feet near the
intersection with Akoni Pule Highway that slowly decreases until the grades
meet at the top of TMK: 5-4-07:02. Kynnersley Road has a pedestrian path on
the east side of the roadway that is separated from vehicles with an asphalt roll
curb. There is a privately owned road to the west of this site that provides
access to lots south of Akoni Pule Highway. There is presently no access to
this site from this private unimproved dirt roadway, and none is being sought in
the future. The applicant proposes to provide a landscape buffer on the west
side of the property to prevent direct vehicular access from this road.
26. Water will be made available to this site from an 8 inch line on Akoni Pule
Highway. The Department of Water Supply confirmed this availability in
writing in conjunction with subdivision application SUB 97-098.
27. Wastewater disposal in this area is by individual wastewater systems. It is
anticipated that the wastewater from this project will be via such a system that
meets with the requirements of the State Department of Health.
28. Solid waste generated on this site will be deposited in the County of Hawaii
Kaauhuhu solid waste transfer station located approximately one mile to the
south near the top of Kynnersley Road.
29. The site is serviced by the County of Hawaii's Police and Fire Facility located
approximately 1 mile to the east of this sight in Kapaau behind the courthouse.
30. Kohala Elementary and High Schools are located just north of Akoni Pule
Highway approximately 0.5 miles west of the project site.
31. There are recreation fields available at the public schools and the County of
Hawaii has a major regional park, Kamehameha Park, located just north of
Akoni Pule Highway about 0.5 miles to the east. This facility has a multi-
purpose gymnasium, swimming pool, ball fields and a golf driving range.
32. Electrical and cable television services are available to the project site on
Akoni Pule Highway that fronts the northern boundary of the site.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
33. In terms of the relationship between short-term uses of man's environment and
the maintenance and enhancement of long term productivity, no short-term
exploitation of resources that would entail negative long-term consequences
has been identified for the rezoning request.
34. The construction of the structures on the project site will generate construction
noise and dust during the construction period. These impacts will be mitigated
by restricting the construction period to daylight hours and using best industry
practices to control any fugitive dust.
35. One alternative would be to develop the property as a residential lot with the
existing zoning. The lot would have limited value because of the two street
frontages and the commercial nature of the Akoni Pule Highway corridor.
Realtors have advised that this would not be a desirable residential location.
Another alternative would be to leave the site undeveloped. This would deny
the owner the economic value of her property and not provide the needed
office and retail space for the community.
36. The construction of the office/retail structure and parking stalls would involve
the irreversible and irretrievable commitment of only negligible quantities of
natural resources.
F. CONCLUSION
Based on the application, questionnaire and the previous statements, the applicants
believe the approval of this change of zone request would result in an appropriate
land use that will serve the general public. The applicants respectfully request a
favorable consideration of this request to change the zone of the subject property
from Single Family Residential - 15,000 square foot (RS-15) to Village
Commercial - 10,000 square foot (CV-10).
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SITE PHOTOGRAPHS
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View looking north over the site to Akoni Pule Highway.
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View looking southeast over the property showing the access point and
grade difference at the intersection.
SITE PHOTOGRAPHS
View looking south showing the Kynnersley Road frontage and the grade
difference at the intersection.
View looking south-southeast showing undeveloped private roadway on
the west side of the site.