HomeMy WebLinkAboutCOM 0689.000 2008-2010 -';;t1-1-"f p7w'%
P. %q. William T. Takaba
William Kenoi i y Managing Director
Mayor • : �• "• •
�;•ti Wally Lau
• �p ui:•e��' _• Deputy Managing Director
County of Hawaii
891 Ululant Street • Hilo, Hawaii 96720 -3982 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 75 -5706 Kuakini Highway, Suite 103 • Kailua -Kona, Hawat1 96740
(808) 329 -5226 • Fax (808) 326 -5663
v
January 19, 2010 C
Z r- r r;
1
Honorable J Yoshimoto, Chairman , -o
and Members of the County Council S i--+ T
County of Hawai`1 . i s —r, G
ti 3,.
25 Aupuni Street _ x
Hilo, HI 96720
Dear Chairman Yoshimoto and Members:
Change of Zone Application (REZ 09- 000101)
Applicant: Steven & Loretta Milner
Request: RS -15 to CV -10
Tax Map Key: 5 -5 -10:25
✓Change of Zone Application (REZ 09- 000105)
Applicant: Charles G. Bockus
Request: A -5a to FA -2a
Tax Map Key: 7 -7 -7:47
As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above - referenced requests.
Sincerely, •
fait ,,
illiam P. 4 enoi -
Mayor
Enclosures
cc: Planning Department
< B's it'aD$}
Comm. No. b% Cl
Ref. To: -- VC-
Ref. Dote JAN 2 7 2010
�i ly � r r� -Y lkrr
County of Hawaii
PLANNING COMMISSION
Aupunt Center • 1111 Pauahl Street, Suite 3 • Hilo, Huwat't 96720
Phone (808) 961 -8288 • Fax 18081961 -8742
January 12, 2010
cza
0
On
The Honorable J Yoshimoto, Chairman z
and Members of the County Council N 1?
County of Hawaii
25 Aupuni Street - r-
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members: .:
Change of Zone Application (REZ 09- 000105)
Applicant: Charles G. Bockus
Request: A -5a to FA -2a
Tax Map Key: 7 -7 -7:47
The Leeward Planning Commission, after a duly held public hearing on December 9, 2009, voted
to recommend for your approval the proposed legislative bill for a Change of Zone from an
Agricultural — 5 acre (A -5a) to a Family Agricultural — 2 acre (FA -2a) district for approximately
5.275 acres of land. The property is located at the end of Nohealani Street, approximately 600
feet cast (mauka) of the Walua Road - Nohealani Street intersection, Kapalaalaea 2 North Kona,
Hawai•i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting a change of zone from an Agricultural (A -5a) to a
Family Agricultural (FA -2a) district in order to subdivide the 5.275 -acre parcel into two
(2) lots, consisting of 2.6374 acres each.
Roger Bockus and Eric & Kris Holms hold title to the property as Tenants -in-
Common. Roger Bockus has developed a family coffee farm with a dwelling on the
mauka portion of the property and the Holms plan on building a farm dwelling and plant
coffee on the undeveloped mauai portion of the property.
Hulrat't County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
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 quality growth determined
by the General Plan and related planning documents. The implications of these
evaluations and decisions must also be considered as they may have an impact on other
similar areas in the County. 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 he used as
a policy guide for thc 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 and
Agriculture goals, policies and standards are set forth to physically plan the lands in the
County in the best interest of thc island's residents.
The proposed Change of Zone request from an Agricultural -5 acre (A -5a) to
Family Agricultural -2 acre (FA -2a) zoned district would conform to the following 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 thc 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.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
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 graphically depicts the physical relationship
among the various land uses as anticipated for the island. The LUPAG Map establishes
the basic urban and non -urban form for areas within the County. The requested change of
zone conforms to the LUPAG Map, which designates the property and its immediately
surrounding area as Important Agricultural Land and Low Density Urban. The subject
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
area contains a mixture of residences and agricultural activities. With a minimum lot size
of two acres, the requested change of zone will still provide for an adequate parcel size
that could support agricultural activities at a smaller scale.
The requested zoning is consistent with the objectives and policies of the Kona
Community Development Plan, which identifies the property as on the border of the
"Kona Urban Arca."
Should the County Council approve the applicant's request to a Family
Agricultural (FA -2a) zoned district, the applicant would normally be allowed to apply for
a second farm dwelling, which would allow the construction of a second dwelling unit as
a separate or attached unit on both lots. Due to the fact that this subject request will allow
the existing parcel to be subdivided and subsequently allow the applicants to create a
second lot, we would be allowing an additional dwelling to be constructed which would
double the existing density of the area. Although the Planning Director supports this
rezoning request to allow for a two -lot subdivision with one home on each lot, the
potential to allow four (4) homes may contribute to a cumulative burden on the existing
infrastructure (road, water, etc.) which cannot be supported. Therefore, it is
recommended that a condition be included in the ordinance to prohibit a second dwelling
unit on each lot.
While the potential for agricultural uses exist, the property is comprised of soils
identified as Punaluu extremely rocky peat, 6 to 20 percent slopes. This soil series
consists of well - drained thin organic soils over pahoehoe lava bedrock and is used mainly
for pasture. Soil within the property has been classified as `C" or "Fair" for agricultural
productivity by the Land Study Bureau's Detailed Land Classification System and is
unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH)
System.
The properties immediately to the north were rezoned from A -5a to FA -2a in
August of 1999 (Ordinance No. 99 -86) and consists of a dwelling and small -scale
farming. The property to the northeast was also rezoned from A -5a to FA -2a in August
of 2002 and is currently undeveloped. Further north and south of the property are lands
zoned A -5a and in mixed residential, coffee cultivation, and pastoral uses. Further east,
are lands zoned A -5a and A -la, which are also in mixed residential - agricultural uses.
The Keauhou Uka Subdivision (19 lots), which consists of lots zoned RS -10, lies to the
west of the subject property. The Kuakini Heights Subdivision (106 lots), which consists
of lots zoned RS -I0, is situated further northwest.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
All essential utilities and services are available to the site. Primary access to the
subject property is within Keauhou Uka Subdivision via Nohealani Street, which is a
County road with a 20+ -foot pavement width within a 60 -foot right -of -way with paved
shoulders and swalcs, which is in good condition. There is also an existing 9 -foot wide
concrete driveway within a 20 -foot wide access pole identified as "Easement 6" on the
applicant's deed that provides access to TMK: 7 -7 -7:46. The applicant's lot and other
lots have an access easement over Easement 6 to their properties. In 2004, the owner of
TMK: 7 -7 -7:46 submitted a subdivision application to subdivide their property into two
(2) lots as a result of a similar rezone from A -5a to FA -2a. The Department of Public
Works required that the applicant construct a minimum 16 -foot wide nondedicable
pavement conforming with DPW Standard Detail R -39 within Easement 6 for their
suhdivision. Section 23 -88 (Nondedicable street; private dead -end street) states that a
private dead -end street may he established upon approval of the director. The street shall
provide access to six lots or less conforming to the minimum area requirements set forth
and shall be restricted only to residential lots and those agricultural Tots zoned for less
than three acres. The minimum pavement width and right -of -way for a private road
providing access for 4 to 6 lots is a 16 -foot pavement within a 20 -foot right -of -way.
Based on this information, the Planning Director is adding a condition requiring the
applicant to construct a combined private access on Easement 6 with a minimum 16 -foot
wide nondedicablc pavement to a point of 20 feet beyond the eastern boundary of the
proposed makai lot (Lot 1- A -3 -A). The applicant may be able to work with the
surrounding lot owners that also require access from this easement to construct this
roadway.
Water for the proposed suhdivision is available from an existing 6 -inch waterline
within Nohealani Street. The applicant will he required to execute an Elevation
Agreement and submit a tank and pump system schematic to the Department of Water
Supply to meet the minimum pressure required per the DWS's Rules and Regulations and
Water System Standards. As there is no municipal sewer system in the area, the
applicants would he required to dispose of wastewater in accordance with the
requirements of the Department of Health. All other essential utilities and services can or
will he made available for the subject development.
The subject development is not contrary to Chapter 20.5A, Hawaii Revised States,
relating to Coastal Zone Management Program. The property is approximately two miles
from the nearest shoreline. There arc no records of a designated public access to the
shoreline or mountain areas traversing through the property. The proposed development
will not adversely impact recreational resources, including access to and along the
shoreline or to mountain areas. scenic and open space vistas, visual resources to the
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
shoreline, historic resources, marine resources, beach protection, coastal ecosystems and
coastal hazards.
In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka'Aina' decisions, the issue of native Hawaiian gathering and fishing rights must be
addressed in terms of the cultural, historical, and natural resources and the associated
traditional and customary practices of the site:
• investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama'aina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural, historical, and natural resources found in the rezoning area:
The property was previously cleared and used for cattle grazing. The property has
been altered and is used for agricultural and residential uses. There are no
existing archaeological, cultural or historic sites on the property per the National
Historic Register and /or the Hawaii Register. As such, it is anticipated that no
cultural, historic or natural resources will be affected. The Department of Land
Natural Resources- Historic Preservation Division issued a "no- effect' letter dated
April 15, 2008 stating that no historic properties will be affected by the change in
zoning.
• Possible adverse effect or impairment of valued resources: There is no evidence
that the flora in the area are particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary
to protect these rights. A condition of the change of zone will require that thc
applicant cease work and notify the SHPD should any unanticipated
archaeological features or sites be uncovered during the course of development.
Based on the foregoing, the approval of the Change of Zone request from an Agricultural
5-acre (A -5a) to Family Agricultural 2 -acre (FA -2a) zoned district would result in an appropriate
land use pattern that will further benefit the general public.
For your favorable consideration, an amendment to Section 25 -8 -3 (North Kona Zone Map), of
thc County Zoning Code is transmitted.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 6
We arc enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely.
/ k
Rodney Watanabe, Chairman
Leeward Planning Commission
Lhockusre709 -0001 OSLW PC 2
Enclosures
cc: Mr. Charles G. Bockus
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources -HPD
DOT - Highways, Honolulu
Lincoln Ashida, Esq., Corporation Counsel
BBockus- REZ09- 105.jwd 11 -23 -09
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CHARLES G. BOCKUS
CHANGE OF ZONE APPLICATION (REZ 09 -105)
CHARLES G. BOCKUS has submitted an application for a Change of Zone from an
Agricultural 5 -Acre (A -5a) to a Family Agricultural 2 -Acre (FA -2a) zoned district for
approximately 5.275 acres of land. The property is located at the end of Nohealani Street,
approximately 600 feet east (mauka) of the Walua Road - Nohealani Street intersection,
Kapalaalaea 2nd, North Kona, Hawaii, Tax Map Key: 7 -7 -7:47.
PROPOSED DEVELOPMENT
1. Request: The applicant is requesting a change of zone from an Agricultural (A -5a) to a
Family Agricultural (FA -2a) district in order to subdivide the 5.275 -acre parcel into two
(2) lots, consisting of 2.6374 acres each. (Planning Department Exhibit 1 — Change of
Zone Application)
2. Objectives: According to the applicant, Roger Bockus and Eric & Kris Holms hold title
to the property as Tenants -in- Common. The Roger Bockus has developed a family
coffee fans and a dwelling on the mauka portion of the property and the Holms plan on
building a faun dwelling and plant coffee on the undeveloped makai portion of the
property.
3. Landowners: The landowners of the property are Roger Bockus and Eric & Kris Holms,
who have authorized the submittal of this application.
STATE AND COUNTY PLANS
4. State Land Use District: Agricultural.
5. General Plan LUPAG Map: Low Density Urban and Important Agricultural Land.
6. County Zoning: Agricultural -5 acre (A -5a).
7. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawai`i
County Council by Ordinance No. 08 131 on September 25, 2008, identifies the property
as on the border of the "Kona Urban Area ".
8. SMA: The property is not situated within the Special Management Area (SMA). The
nearest shoreline is approximately two (2) miles away.
ATTACH: Come. 689
Bill 204
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
9. Subject Property: The subject property is approximately 5.275 acres in size and is
roughly rectangular in shape. There is an existing single - family dwelling and coffee fann
located on the mauka portion of the property.
10. Surrounding Zoning and Land Uses: The properties immediately to the north were
rezoned from A -5a to FA -2a in August of 1999 (Ordinance No. 99 -86) and consists of a
dwelling and small -scale fanning. The property to the northeast was also rezoned from
A -5a to FA -2a in August of 2002 and is currently undeveloped. Further north and south
of the property are lands zoned A -5a and in mixed residential, coffee cultivation, and
pastoral uses. Further east, are lands zoned A -5a and A -la, which are also in mixed
residential - agricultural uses. The Keauhou Uka Subdivision (19 loth), which consists of
lots zoned RS -10, lies to the west of the subject property. The Kuakini Heights
Subdivision (106 lots), which consists of lots zoned RS -10, is situated further northwest.
11. USDA Soil Survey: Punaluu extremely rocky peat, 6 to 20 percent slopes.
12. Land Study Bureau's Detailed Land Classification System: "C" or "Fair ".
13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System:
Unclassified.
• 14. Flood Insurance Rate Map (FIRM): The property is designated Zone X, areas
determined to be outside the 500 -year flood plain.
15. Flora /Fauna Resources: No professional flora and /or fauna surveys were submitted
with the report. According to the applicant, the property was previously cleared and used
for cattle grazing. The property has been altered and is in agricultural and residential
uses.
16. Archaeological, Historical and Cultural Resources: As previously stated, the site was
previously cleared and used for cattle grazing. No professional archaeological survey
was conducted. According to the applicant, there are no existing archaeological, cultural
or historic sites on the property per the National Historic Register and /or the Hawaii
Register. The Department of Land Natural Resources- Historic Preservation Division
issued a "no- effect" letter dated April 15, 2008 stating that no historic properties will be
affected by the change in zoning.
17. Public Access: There are no records of a designated public access to the shoreline or
mountain areas traversing through the property.
PUBLIC UTILITIES AND SERVICES
18. Roadway Access: Primary access to the subject property is within Keauhou Ulca
Subdivision via Nohealani Street, which is a County road with a 20+ -foot pavement
width within a 60 -foot right -of -way with paved shoulders and swales and in good
condition. Nohealani Street intersects with Walua Road, which connects with Kuakini
Highway. Several properties gain their access from the end of Nohealani Street through
an access easement identified as Easement 6 on the applicant's deed. The Department of
Public Works prefers that Nohealani Street be terminated with a cul -de -sac turnaround or
that there be a combined private access to the properties rather than additional driveways
at the end of the street. (Planning Department Exhibit 2 — Deed to Applicant's
Property)
19. Water: According to the Department of Water Supply, water for the proposed
subdivision can be made available from an existing 6 -inch waterline within Nohealani
Street.
20. Wastewater: There is no municipal sewer system in the area. The applicant would be
required to dispose of wastewater in accordance with the requirements of the Department
of Health.
21. Essential Utilities /Services: Water, electrical and telephone services are available to the
property. Police, fire and emergency services are also available to the project area. The
Police services are located in Kealakehe approximately 5 miles north of the property, and
fire services located in Keauhou, approximately 1 mile south of the site.
AGENCIES' COMMENTS
22. Department of Public Works: (Planning Department Exhibit 3 — October 2 and
October 19, 2009 Memos)
23. Department of Water Supply: (Planning Department Exhibit 4 — October 19 and
November 2, 2009 Memos)
24. Department of Environmental Management: (Planning Department Exhibit 5 —
October 26, 2009 Memo)
25. Department of Land and Natural Resources — State Historic Preservation Division:
(Planning Department Exhibit 6 — October 19, 2009 Letter)
26. Department of Health: (Planning Department Exhibit 7 — October 16, 2009 Memo)
27. Department of Transportation: (Planning Department Exhibit 8 — October 28, 2009
Letter)
AGENCIES - NO COMMENTS
28. Police Department, Fire Department and Department of Land and Natural
Resources - Land Division.
AGENCIES - NO RESPONSE
29. Kona Traffic Safety Committee and NRCS.
APPLICANT'S SUBMITTAL
30. The applicant submitted a letter dated November 3, 2009 in response to the Planning
Department's October 27, 2009 letter. (Planning Department Exhibit 9 — Letters
dated October 27, 2009 and November 3, 2009)
PUBLIC COMMENTS
31. As of the date of this writing, the Planning Department has not received any objections
from the general public or adjacent landowners on the subject application.
•
R - E - +rr E ED - MAY 2 0l0081%
-- L ANN s dJEF" r$ `41 k-€�
• county Of Ha°6Jali
CHANGE OF ZONE AP,PLICAJ QN6 Kuakini Hwy. #109
Kaiiva -Kona. H6 96740
COUNTY OF HAWAII
PLANNING DEPARTMENT r —0
(Type or legibly print the requested information)
APPLICANT: CHARLES 0. BOCKUS c'
APPLICANT'S SIGNATURE: - DATE:
ADDRESS: 78 -7170 HAAWINA ST. KAILUA -KONA HAWAII 96740
V7 ;
LIST APPLICANT'S INTEREST IF NOT OWNER: AGENtICIWNLELL BOCKI
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: NA
PHONE•(Bus.) (Res.) (Fax)
LANDOWNER(S) :ROGER BROWNELL BOCKUS, MR & MRS ERIC HOLM
LANDOWNER SIGNATURE(S): SEE BELOW (PG 4) DATE:
May be bf}} letter)
LANDOWNER(S) ADDRESS: ( BOCK( IS ) 76 -726 -C 11IlAl AI AI RD KAII 11A-KQNA HI 96740
(HOLM) P.O. Box 390789 KEAUHOU HI 9673'
REQUEST:AGRICULTURAL-5 AC (A -5A) TO FAMILY AGRICULTURAL -2 AC (FA -2A)
(Ex
stin zonin€) (Proposed Zoning)
TAX. MAP KEY: ( 7 --001 -047
STREET ADDRESS OF PROPERTY: 77 -360 A NOHEALANI ST
KAILUA -KONA. HI 96740
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.275 ACRFS
AGENT: SAME AS APPLICANT
0 0 n
ADDRESS:
TELEPHONE:(Bus.) (Res.) 322 -2120 (Fax) 322 -4355
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL CHARLES 0 . BOCKUS COPIES: MR & MRS ERIC HO(
Planning Dept.
Exhibit 1 (
X\ O
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? YES
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 5.275
b. Into what lot sizes? 2.637 AC EA
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 30 DAYS
d Do you intend to build houses on the newly created lots? YES
If yes, please answer the following questions: (ONE HOUSE ALREADY EXISTS)
On how many of those lots? ONE( +EXIST
At what approximate price range? House NA OWNER
Lot NA OWNER
Total NA OWNER
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? NA
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form. SEE ATT MAPS,
If you have no firm plans of subdividing the subject area, do you
intend to:
Sell or lease the land to someone who has firm plans? NA
b. Sell or lease the land to someone who has tentative plans?
Sell or lease the land to someone who has no plans?
Keep it?
_ :/84
•
If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect co transfer the subject land to another party.
NA
Do you think that your request and your further plans for the land
will alleviate the local housing situation? YES
How? WILL ALLOW CO -OWNER OF PROPERTY TO "FREE UP" ONE
EXISTING HOUSE FOR OTHERS WHEN THEY HAVE COMPLETED
NEW HOME TO BE BUILT ON SUBDIVIDED PROPERTY
Are there any buildings on the subject area? YES
so, what kind, A FARM DWELLING (ONE OWNER)
What do you intend to do with those buildings if your request is
approved?
CONTINUE TO OCCUPY AS SEPARATE OWNERS)
:s the subject land currently being used for any agricultural activity? YES
if so, please list the kinds of products grown and on how many
square feet or acres of land per product.
MATURE /CULTIVATED COFFEE IS GROWN ON APPROX 2 ACRES
Was your request to allow for the creation of smaller agricultural
lots' YES
If so, did your plan include the following considerations?
a Commodity to be produced? COFFEE
What kinds of commodity?
Suitability of the proposed lot -size for that commodity? EXCELLE
• Sufficient farm size to allow reasonable chance of success in
commercial agriculture? YES
-2-
Agricultural leases or other forms of assurance char potential
buyers or leases would put the subject area into some form of
agricultural use YES
Please scare the proposed type of arrangement.
ALMOST ONE HALF (2 +ACRES) OF SUBJECT PROPERTY ALREADY
ESTABLISHED IN MATURE, WELL MAINTAINED, HIGH QUALITY
COFFEE ORCHARD; OTHER HALF (CURRENTLY UNDEVELOPED) TO
BE SIMILARLY PLANTED.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
your request for a change of zone.
SUBDIVISION WOULD ALLOW PRESENT CO -OWNER TO PLANT
If you do not MraniPtid ai TF suM Ra L L 4 - oT G sort of
agricultural purpose, please state your other reasons.
To your knowledge, has there been any flooding and /or drainage problem
on the subject area? NO
_f so, please describe the problem.
Dc you think that the roads leading CO the subject area needs
improvements? NO
__ so, what kind?
Is the road adequate for the proposed traffic volume or load? YFS
>:^a[ sort of governmental assistance and /or improvements do you feel will
oe needed in the subject area when developed?
Yes No
Schools X
b. Roads X
Sewer X
:rainage X
•
-3- /
Yes No
e Police Protection X
i, Fire Protection X
g Recreational Facilities X
. Public Utilities X
Other X
For those checked "yes ", please elaborate what type or kinds of improvements
and /or assistance are needed.
i
"ROGER ROWNELL BOC S 711-47 /9 I CS
tRIC HOLM
KRIS Hs y�. �=�'� ( ✓j/ 0cz
Signature:
Address: 78 -7170 HAAWINA STREET, KAILUA -KONA HI
Telephone: 322 -2120
Date: MARCH 3, 2008
• Attachment to Change of Zone Application
Background and County Environmental Report
A. SUBJECT REQUEST
1. Details of Proposed Use /Development:
a. Project description:
The applicants intend to rezone and then subdivide their 5.001 acre parcel into
two (2) lots of equal size.
The property is located at Kapalaaea 2" on the westerly slope of Hualalai, North
Kona district of the County, State of Hawaii.
It is within the State Land Use Agricultural District.
The TMK for the property is 7- 7- 007 -047.
b. Statement of objectives and reasons for the request
The Bockuses and Holms hold title to the property as Tenants -in- Common with
the Bockus' mauka portion (50 %) having been developed as a family farm
dedicated to producing coffee beans for over 20 years. The Holms plan a small
farm dwelling on their currently undeveloped makai (50 %) portion to plant
coffee trees.
c. Number of acres /square feet:
5.275 Acres to be equally divided into 2.6375 Acres each.
d. Proposed units /lots /floor area of proposed building envelope:
Bockus' farm dwelling is shown in scale on attached map; Holms will apply for a
building permit for a small sized farm dwelling if and /or when the property is
rezoned and subdivided.
e. Timeframe and cost:
Dependent on date of rezoning, subdividing and required permits.
f. Membership size /number of employees and clientele:
Single family farm dwelling — no employees or clientele.
g. Parking arrangement:
Only for residents and guest(s) of the residents.
h. Traffic impacts
Both parties currently are part of the mix of owners that use the access to and / or
bypass the existing property. No significant increase in traffic is anticipated. '
1
B. CONFORMANCE WITH STATE /COUNTY PLANS
2. The State Land Use designation for this property is "Agricultural"
3. The proposed rezoning is not contrary to Chapter 205A (CZM) and complies
with specific CZM requirements (farming) not only by minimizing the alteration
of natural landform(s) but by retaining open space resources.
Also it would provide an addition to the States agricultural tax base and is
consistent with the applicable goals, objectives and policies of the Hawaii State
plan, as well as the Kona Community Development Plan, such as long term
growth, creation of rural -style residential - agricultural development and the
protection and encouragement of intensive utilization of this county's
agricultural lands.. This proposed suitable use will tend to minimize the
disruption of surrounding ecosystems by providing a more bountiful / efficient
employment of the rainfall prevalent in this area (known as "The Kona Coffee
Belt"). Then, too, adverse environmental aspects are minimized similar to
already rezoned neighboring areas, which have not impacted public access,
scenic or open space, resources, and coastal view planes. By minimizing the
alteration of the natural landform and existing public views, it is compatible with
its visual environment.
4. APPLICABLE GOALS /POLICIES AND OBJECTIVES OF THE GENERAL PLAN
The proposed change of zone (A -5a to Family Agricultural (FA -2a) would conform to
the goals, policies and objectives of the General plan in the following manner:
a. It is located in appropriate location, i.e. in the continuous band of elevation
known as the "coffee belt"
b. It provides an orderly development of the area by being compatible with
adjacently zoned uses and has access to existing public services, utilities and
roads.
c. It maintains /enhances the appropriate mix and logical development of
residential and agricultural activities.
d. With its lot size of over two acres, it provides adequate soil and size (like its
immediate mauka neighbor) that would more than support agricultural activity
on a favorable economic scale.
e. It would assist in the expansion of a "value added crop" — coffee. It would
enhance the ownership of a family owned farm, in that title of same could be
passed on to family heirs without the undue complications of the present
ownership classification (Tenants -in- Common).
f. It would, in its own small way, help to alleviate a shortage of housing in Kona.
g. It would provide its owners with the opportunity to improve their quality of life
and occupation by economically developing their land.
•
2
h.. It would assist in the expansion of our agricultural industry, whose product is
recognized as being produced on Hawaii Island.
5. GENERAL PLAN DESIGNATION - LUPAG MAP
This area is classified as "Low Density Urban and Important Agricultural
Lands ".
6. ZONING
Current zoning is A -5a. Proposed is: FA -2a
7. COMMUNITY DEVELOPMENT PLAN
Similarly derived Land Use Map(s) of this particular area calls for:
a. The accommodation and direction of future growth in appropriate areas
(agriculture) while preserving valued assets. The proposed rezoning is a natural
fit here in that it preserves /enhances the rural character of Kona and protects its
agricultural land /status. In addition, it assists in the growth of an agricultural
industry (coffee) while providing single family housing and related employment.
b. Rezoning to FA -2a would help to provide its owner(s) with a legally
unencumbered opportunity to improve their quality of life through an
economic development (family farm) that enhances this county's
natural resources and social environment, i.e. rural character/ culture
and sustainable industry.
c. The term "smart growth" applies here, in that open space and
agricultural land(s) are enhanced, protected and preserved.
d. It should be noted here that the parcel in question (Helms) will require
concerted physical effort to produce a viable agricultural pursuit
similar to the Bockus family farm. It is only through
rezoning/ subdividing that the financial stimulus and legal
unencumbering would be realized.
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE
PROPERTY AND SURROUNDING AREA
8 - 9. The affected property is not located within the SPECIAL MANAGEMENT
AREA, and is approximately two (2) miles distant from the nearest coastline. It is
situated on the southwest flank of Hualalai at an approximate elevation of one
thousand (1000) feet. It is gently sloping with outcroppings of scrub, non -native
trees and rocky soil. As mentioned, the mauka half of the property has already
been developed into a productive family farm, with existing single family
residence and garage /carport.
The property is serviced by an existing paved county road (Nohealani Street):
3
10. Lava Hazard Zone:
Property is classified as being in Lava Hazard Zone 4
11. Distance from coastline:
The property is approximately two miles from the nearest shoreline.
12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation:
The soil within the boundaries of the property is "unclassified" by the ALISH
system.
13. U.S.D.A. Natural Resources Conservation Services Soil Service Report
Describes the land as being naturally well drained with a thin layer over
pahoehoe lava outcroppings. More exactly, the soil is identified as "Punaluu
extremely rocky peat with a 6 to 20% slope.
14. Land Study Bureau soil rating:
Rated "E" rating insofar as its potential for extensive agricultural use, i.e.
excellent for coffee and related crops (cacao, etc.).
15. Flood Insurance Rate Map (FIRM) designation:
Site is in "zone X" as far as the FEMA Community Panel # 155166 0927D is
concerned, and is outside of the five hundred (500) year flood plain
16. Existing drainage ways within this area is adequate due to the nature of the soil
and covering organic material; should need no improvement.
17. Airinoiselwater quality:
a. — b. The air quality of this area (and surroundings) is not expected to be
significantly impacted by the development of a family farm nor should there be
significant noise generated to surrounding areas. There is potential short term,
temporary impact from clearing (mostly by hand), minimal grading and
construction activity but will be mitigated pursuant to applicable State and
County regulations and requirements.
c. Water quality, in the form of rainfall which averages approximately forty
five (45) inches per annum with pronounced summer maximums, should not
suffer. The existing water delivery system as owned and operated by the County
Department of Water Supply runs directly to the makai half (Holm) of this land.
Surface water and sediment runoff is presently nil due to the good absorbative
characteristics of this area's soils and should present no future problems with
proposed agricultural use of this land. All building generated runoff shall be
utilized in a manner acceptable to the Dept. of Public Works. Composition of •
4
wastewater shall be by septic means, similar, if not the same, as neighboring
• properties.
18. Historic Resources:
There are no existing archeological, cultural or historic sites on this property per
the National Historic Register and / or the Hawaii Register. A letter reflecting this
condition from DLNR was previously submitted.
19. Natural Resources:
Property was previously cleared and used for cattle grazing. In addition, because
the surrounding areas have been previously grazed and altered with agricultural
and residential development, it is not anticipated that endangered or threatened
candidate species of flora or fauna are located within the subject property, nor
has the area been identified as a significant botanical or biological habitat.
20. The area in question is approximately two (2) miles from the seacoast and would
retain, if not enhance open and /or scenic views.
21. Public Access:
Public and/ or vehicular access to the mauka area of this property is by private
concreted road, approximately ten (10) feet wide; this concrete road connects
Nohealani Street on its makai end with Mamalahoa Highway at its mauka end.
23.- 24. The surrounding area is a compatible combination of family residences and
small agricultural farms. The social settlement pattern for the area should remain
the same as at present.
The property is already owned in common by petitioners, Holm and Bockus.
Therefore no settlement pattern will change.
25. The current taxable market land value of the 5.001 acres is recorded by the
County Real Property Tax Office at 5397,600.
26. Surrounding lands:
The use of surrounding lands is of an agricultural and residential nature. Zoning
of bordering properties to the north and east is A2 -a; to the south: A5 -a and RS-
15; to the west: RS -10. The subject area contains a mix of private residences and
agricultural pursuits. It is situated within the State Land Use Agricultural
District; requested rezoning is compatible with the Kona Regional Plan.
27. The subject property is currently zoned A5 -a; requested zoning is FA -2a.
D. PUBLIC FACILITIES AND SERVICES
28. Access to the property is by paved county road ( Nohealani Street) which has a
sixty (60) foot right of way with paved shoulders and swales. Nohealani Street
intersects perpendicularly at its makai end with Walua Road which, in turn
connects to Kamehameha III Road, and thence to Kuakini Highway via a 4 way
stoplighted intersection.
5
29. Metered county water system to the makai end of the property has already been
installed (see previously attached verification).
30. There is no municipal sewer system in the area; applicants would be required to
dispose of wastewater in accordance with the requirements of the Department of
Health.
31. Solid waste would have to be transported to transfer stations. The cosest being
approximately two (2) miles south at Keauhou.
32. Adequate county Police and Fire protection exists; no expansion thereof would
be required.
33. The nearest schools are Holualoa Elementary, two (2) miles to the northeast and
Konawaena approximately five (5) miles to the south. Property owners have no
offspring of school a ge.
34. The most convenient parks are Higashihara Park, approximately three and a half
(3 -1/2) miles to the south, and various beach parks approximately two (2) miles
to the west (makai).
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
35. The "local short term" use of the environment by the establishment of a second
2.6375 acre sized family faun and dwelling, and the maintenance thereof is
directly related to this island's "enhancement of long term" agriculture
productivity as called for in the State General Plan and related public documents.
This is accomplished — in great part — by the amount of tune, inoney and
labor required to establish a long term, productive agricultural operation on the
makai half of the presently zoned 5 acre parcel.
The proposed rezoning of the area should complement the surrounding area and
serve as a "buffer" between its agncultural use and neighboring residences. The
rnauka half of the property in question has been producing commercial amounts
of coffee beans for over twenty (20) years. The Holms wish to do similar with
their makai half. The proposed zoning would enable the I - Iolms to accomplish
this goal and concurrently provide an orderly, appropriate and use pattern for
this area.
36. Similarly, the establishment of a productive coffee farm would minimally impact
the immediate and surrounding environment; there is no better alternate to the
proposed development. And any and all changes to natural resources, i.e. flora
and fauna are reversible in light of the proposed agricultural use..
•
i i
William P. - kenoi : o�M ? ".• ° •.`. "..q. Nancy E. Crawford
Mayor �. " yd ` Finance Director
Deanna S. Sako
Deputy Director
T•
County of Hawaii
DEPARTMENT OF FINANCE - REAL PROPERTY TAX
101 Pauahr Street • Suite 4 • Hilo, Hawaii 96720 -4224 • Fax (808) 961 -8415
Appraisers (808) 961 -8354 • Clerical (808) 961 -8201 • Collections (808) 961 -8282
75 -5706 Kuakuu Highway • Suite 112 • Kadua -Kona, Hawaii 96740 • Fax (808) 327 -3538
Appraisers (808) 327 -3542 • Clerical (808) 327 -3540
REAL PROPERTY TAX CLEARANCE
(rev. 12/08)
Date `t / /lc ! G�
TMK(s): (3) 7- 7 - CO 7 - - UC='C70
This is to certify that 1 3r 1 l�oc.LL(S
( =ri 1r, lrn
Kr-ks H o m
owner(s) of record, has paid all Real Property Taxes due the County of Hawaii up
to and including Citne 3o, co I 0
Real Property Tax Qiv �pn
Hawar't County is an Equal Opportunity Provider and Employer
/'
LOT 1 -A -3 (REVISED)
Land situated approximately 700 feet Easterly of Walua Road, at
Kapalaalaea 2nd, North Kona, Island and County of Hawaii, State of
Hawaii.
Being portions of:
Lot 1 -A; and
Grant 3019 to Kaaipulu.
Beginning at a 4 inch pipe (found) at the Southwesterly corner
of this parcel of land, being also the Southeasterly corner of Lot 8 of
the Keauhou Uka Subdivision, Unit II, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAILUA
(NORTH MERIDIAN)" being 18,646.71 feet South and 13,576.49 feet East and
running by azimuths measured clockwise from True South:
Thence, for the next seven (7) courses following along the
remainder of Grant 3019 to Kaaipulu;
1. 175 56' 10" 177.45 feet along Lot 8 and Road Parcel of
the Keauhou Uka Subdivision, Unit II,
to a 4 inch pipe (set);
Thence, for the next six (6) courses following along Lot 1 -A -2
of this subdivision:
2. 248 30' 90.00 feet to a 11 inch pipe (set);
3. 258 53' 470.00 feet to a 1 inch pipe (set);
4. 250 00' 410.17 feet to a V, inch pipe (set);
5. 333 38' 50" 26.01 feet to a 1 inch pipe (set);
6. 241° 50' 116.36 feet to a 4 inch pipe (set);
7. 346 07' 208.49 feet to a h inch pipe (set);
Thence, for the next ctwenty (20) courses following along
middle of stonewall and along Royal Patents 4475 and 6856, Land
Commission Award 7713, Apana 6 to V. Kamamalu, the direct
azimuths and distances being:
8. 54 55' 72.82 feet to a point;
9. 60 14' 56.46 feet to a point;
10. 50 49' 20.13 feet to a point;
Page 1 of 2 Pages
WES THOMAS & ASSOCIATES, INC.
- LAND SURVEYORS
75 -5722 KALAWA STREET • KAILUA -KONA, HI 96740 �I
11. 67 37' 56.03 feet to a point;
12. 67 18' 46.10 feet to a point;
13. 73 16' 57.63 feet to a point;
14. 73 02' 53.94 feet to a point;
15. 77 47' 69.25 feet to a point;
16. 93 31' 51.00 feet to a point;
17. 89 02' 57.42 feet to a point;
18. 84 00' 55.49 feet to a point;
19. 81 11' 56.68 feet to a point;
20. 87 14' 57.00 feet to a point:
21. 85 37' 97.83 feet to a point;
22. 80 05' 53.45 feet to a point;
23. 81 42' 60.77 feet to a point;
24. 81 00' 57.04 feet to a point;
25. 65 44' 52.60 feet to a point;
26. 71 00' 52.75 feet to a point;
27. 74 41' 49.75 feet to the point of beginning and
containing an area of 5.275 Acres.
T. Y;\
WES THOMAS & ASSOCIATES, INC.
o 7\
t
V„ n
/
n
Y No. 4331 % Chrystal Thomas Yamasaki
�_ 7r.
Registered Professional Land Surveyor
tI� State of Hawaii Certificate No. LS4331
75 -5722 Kalawa Street
Kailua -Kona, Hawaii 96740
TMK: 7- 7- 07:Portion 29 (3rd Division)
May 20, 1983
Revised: June 8, 1983
Revised: August 23, 1983
Revised: September 22, 1988
Revised: May 13, 1991
Page 2 of 2
WES THOMAS & ASSOCIATES, INC.
- LAND SURVEYORS -
75- 5722 KALAWA STREET • KAILUA -KONA, HI 96740
J
LFAL,A /
� si m
_� \� rua LOA 'lr Al
� � Fu i
, (s,
P
a 010:11 e A .EA =Li ara 0101_,a
rA zm.,, V
0 o KA N.L
,u,e#:aN "' VICINITY MAP
5
r° -e° z °, 3 to n g1
: ° /
A
A E y
A L ot 1 -A- J (REVISED)
,., .. xan — 0wm A L A 5 275 ACRES 1 .. ,{, /xei
q n r : `‘s.— (A-s, 5 FA-2a zomxc) "• s1' °' , LJ ,T, Aw„ mde
N( s �Fe,°
_ ,.., om. \enx vn mm vu ` n,. nm .. e,n xm .„ .0 H ..A .ro U a .. ,s ..
�_ „ =M9� „= 9 A
REZONING EXHIBIT
MAP SHOWING
LOT 1 -A -3 (REVISED)
Being a Portion of Grant 3019 to Kaaipulu w •........ %••
• :•• -:.
mai-Es 9^
,.m Z airragg:..a;I:..,,,., -o At Kapalaolaea 2nd, North Kona ° O , •.. •'"• .- •. '••
„ „, ,.., -„ Island and County of Hawaii, State of Hawaii °
.W. „..m �,, . ,nm.,.° W ,,, � ,. ..,... »._. 01(00 000.0 , ESrrww. 5 Inns
.555 SELS MEWS m , -M 00 0 00Y 041 (3F0 OMSpN)
LINDA LINGLE q = LAURA H. THIELEN
CHAIRPERSON
GOVERNOR DFU WAIT 417 •v 19 ., BOARD°ELAND AND NATURAL RESOURCES
11 COMMISSION ON WATER RESOURCE MANAGEMENT
1 RUSSELL Y TSUJI
f `A nd and N : €I , I FIRST DEPUTY
JJ KEN C. KA WANARA
DEPUTY DIRECTOR - WATER
AQUATIC RESOURCES
BOATING AND OCEAN RECREATION
'---- ..••" BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAOEMENT
STATE OF HAWAII ii CONSERVATION AND RESOURCES ENFORCEMENT
YI H CONSERVATION AND COASTAL LANDS
ll ENGINEERING
S late ofHaW DEPARTMENT OF LAND AND NATURAL RESOURCES TT:meK e WIL
KAHCOLA W E LRLAN RESFA V E COIN M LSS ION
STATE HISTORIC PRESEERVATION DIVISION LANG
STATE PARKS
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707
April 15, 2008
Mr. Charles Bockus LOG NO: 2008.0879
78 -7170 Haawina Street DOC NO: 0804TD06
Kailua -Kona, Hawaii 96740 Archaeology
Dear Mr. Bockus:
SUBJECT: Chapter 6E -42 Historic Preservation Review -
Change in Zoning for a 5.275 -Acre Parcel
Kapala'alae 2 " Ahupua'a, North Kona District, Island of Hawai i
TMK: (3) 7 -7 -07: 47
Thank you for the opportunity to comment on the request for change in County zoning from A -5a to A-
2a, permitting the subdivision of the parcel into two parcels of c. 2.637 acres each. The written request for
review was received in our Hilo office March 27, 2008. The co- applicants propose to continue the
existing coffee orchard that is present on a portion of the property, and to construct a farm dwelling on the
undeveloped portion of the property at some point in the future. According to information provided, the
land has been previously cleared and was used for cattle grazing.
We believe that no historic properties will be affected by the change in zoning. We request that our
office be provided the opportunity to review and comment on any future grubbing or grading permits that
may be requested for the undeveloped portion of this parcel. At that time, we may request the opportunity
to inspect the property affected by the land alteration permit in order to verify the presence or absence of
historic properties.
Please contact Theresa Donham at (808) 987 -5001 or Theresa.K.Donham @hawaii,gov if you have any
questions or concerns regarding this letter.
Aloha,
A 2 - 4 C 7 1 2a 4 ^—•
Nancy McMahon, Archaeology and Historic Preservation Manager
State Historic Preservation Division
(
€92 ��� -viATE `tier
W ATe
i T t o� R S G mss'
¢ ¢ r t`" a
'wait S �
� Y •` �
, � ryr Y � l DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAIrI
t% '�'i aF� 345 KEKUANAO'A STREET, SUITE 20 • & - ^>t`gfo- `: 7E LEPHO NE 8 HI HAW 720
�`" 7, 3,..- ( 08) 961 -8050 • FAX (808) 961 -8657
July 10, 2007
•
Mr. Charles Gerald Bockus
78 -7170 Ha`awina Street
Kailua -Kona, HI 96740
ELEVATION AGREEMENT
RECORDED AT THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII
REGULAR SYSTEM,. DOCUMENT NO. 2007- 053284
- TAX MAP KEY 7 -7- 007:047
Enclosed is a copy of the fully executed document with the recording data noted.
If you have any questions regarding this matter, please call Mr. Ronaldo Aurelio of our Land Branch
staff at 961 -8070, extension 287.
Sincerely yours,
/�-
ilton D. Pavao, P.E.
Manager
RBA:dfg
Enc.
./later brin9S progre33...
The Department of Water Supply is an Equal Opportunity provider and employer To file a complaint of discrimination, write USDA, Director, Office of Civil
Rights Room 326 -W Whitten Building, 14th and Independence Avenue SW Weehmntnn nr onocn on in
THE ORIGINAL Of THE DOCUMENT
RECORDED AS FOLLOWS:
STATE OF HAWAII
BUREAU OF CONVEYANCES
DATE TIME ,_-
Doc 2007 - 053264
MAR 23, 2007 08:02 AM
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail (x) Pickup ( ) To:
WATER BOARD OF THE COUNTY OF HAWAII -
345 Kelcnanao`a Street, Suite 20
Hilo, Hawai`i 96720
TITLE OF DOCUMENT:
ELEVATION AGREEMENT
PARTIES TO DOCUMENT:
OWNER: ERIC C. HOLM & KRIS HOLM, husband and wife, whose mailing address is
P. O. Box 390789, Keauhou, Hawai'i 96739 and CHARLES GERALD
BOCKUS Successor Trustee of the Nelson Sills- Bockus Revocable Living
Trust dated September 22, 1986, as amended & CHARLES GERALD
BOCKUS, Successor Trustee of the Marion Newman Bockus Revocable
Living Trust dated September 22, 1986, as amended, whose mailing address is
78 -7170 Ha'awina Street, Kailua -Kona, Hawaii 96740
DEPARTMENT: DEPARTMENT OF WATER SUPPLY OF THE COUNTY OF HAWAII,
whose principal place of business and mailing address is 345 Kekuanao`a Street,
Suite 20, Hilo, Hawaii 96720
PROPERTY DESCRIPTION:
Being Lot 1 -A -3, being a portion of Lot 1 -A, portion of Royal Patent Grant Nol 3019 to
Kaaipulu, situate at Kapalaalaea 2 District of North Kona, Island and County of Hawaii, State
of Hawaii
Affects Tax Map Key: (3) 7- 7- 007:047 This document contains 33 pages
1
ELEVATION AGREEMENT
cba
THIS AGREEMENT made this --Ink day of M rm a �7
i
pursuant to Rule 3, Section 3 -3, of the Rules and Regulations of the Department of Water Supply,
between the DEPARTMENT OF WATER SUPPLY OF THE COUNTY OF HAWAII, whose
principal place of business and mailing address is 345 Kekuana5'a Street, Suite 20, Hilo, Hawai`i
96720, hereinafter called the "DEPARTMENT ", and ERIC C. HOLM & KRIS HOLM, husband and
wife, whose mailing address is P. 0. Box 390789, Keauhou, Hawaii 96739 and CHARLES GERALD
BOCKUS, Successor Trustee of the Nelson Sill Bockus Revocable Living Trust dated September_ .
22, 1986, as amended, & CHARLES GERALD BOCKUS, Successor Trustee of the Marion
Newman Bockus Revocable Living Trust dated September 22, 1986, as amended, hereinafter called
the "OWNER" for themselves and on behalf their heirs, successors, executors, administrators and
assigns and each of them.
WITNESSETH
WHEREAS, the OWNER of that certain parcel of land designated as Tax Map Key: (3) 7 -7-
007:047, more particularly described by Warranty Deed dated the 3` day of January, 1984, and recorded
in the Bureau of Conveyances of the State of Hawaii on January 9, 1984 in Liber 17576 Page 464, and
Warranty Deed dated the 31s day of October, 1997 and recorded in the Bureau of Conveyances of the
State of Hawaii, on November 5, 1997, as Document No. 97- 151944, together with Correction Deed
dated February 2 " 1998, as Document No. 98- 016865, copies of which are attached as Exhibits "A" &
"B ", desires a connection to the public water system pursuant to the conditions of Rule 3, Section 3 -3, of
the Rules and Regulations of the Department.
2
NOW, THEREFORE, in consideration of the DEPARTMENT granting such water connection
pursuant to Rule 3, Section 3 -3, of the Rules and Regulations of the DEPARTMENT, the OWNER
agrees as follows:
1. DEPARTMENT shall not be responsible for any inadequate water pressure or dependable
water supply to said property.
2. DEPARTMENT and its officers, agents and employees shall be held harmless from and free
of all claims and liabilities resulting from, caused by or arising out of any harm or damages
connected with the inadequate water service, including but not limited to inadequate water
pressure and/or water supply to said property.
3. The OWNER shall indemnify and defend the DEPARTMENT, its officers, agents and
employees from and against all loses, damages, costs, expenses, attorney's fees and
other sums which the DEPARTMENT may incur, pay or be obligated to pay on account of
any demand, claim or suit for any loss of or damage to property, property right or injury to
any person, arising out of caused by or in any way connected with the inadequate water
service, including but not limited to inadequate water pressure and/or water supply, to the
above - described property, whether attributable to the fault, failure or negligence of the
DEPARTMENT or any other fault, failure or negligence.
4. OWNER agrees to accept such water service as the DEPARTMENT is able to render and said
OWNER agrees to construct, if necessary, and maintain at their expense a tank and pump of
suitable design and of sufficient capacity to furnish a supply of water at such times as the
pressure in the water main may be insufficient to supply said property with water.
5. OWNER agrees to all other conditions as set forth in Rule 3, Section 3 -3, Rules and
Regulations of the Department.
3
•
The undersigned hereby further agrees that all the stipulations and provisions herein contained
shall be binding upon their heirs, successors, administrators and assigns, and that this Agreement shall
run with the land.
The terms OWNER and OWNERS, as and when used herein, or any pronouns used in place
thereof, shall mean and include the masculine or feminine, the singular or plural number, individuals or
corporations, and their and each of their respective successors, heirs, personal representatives and
assigns, according to the context thereof. If this agreement is or shall be signed by two or more owners,
all covenants of such parties shall for all purposes be joint and several.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year _
_ first above written. -
DEPARTMENT OF WATER SUPPLY
OF THE COUNTY OF HAWAII
APPROVED AS TO
FORM AND LEGALITY B -
Its Mc..Xla9ex—
•�
orporation
County of Hawai `i
Date 2161
OWNER
ERIC C. HOLM
e •
4
KRIS HOLM
4
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
dArA
On this ?na day of M� �� -
2906, before me appeared
MILTON D. PAVAO, to me personally known, who, being by me duly swom, did say that he is the
Manager of the Department of Water Supply of the County of Hawaii, and that the seal affixed to
the foregoing instrument is the seal of said Department and that the instrument was signed and sealed in
behalf of said Department by authority of the Water Board of the County of Hawai `i, and said MILTON
D. PAVAO acknowledged said instrument to be the free act and deed of said Board.
Notary Public, State of Hawai i
Print Name �o rea , rti t 1
My Commission Expires_ y /9 /_fi
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this ,3,,, day of .
2006, before me personally
appeared ERIC. C. HOLM and KRIS HO M, to me known to be the persons described in and who
executed the foregoing instrument and acknowledged that they executed the same as their free act and
deed.
/-zt
_ Notary P bl State . H.w;;
Print Name: v o
My Commission Expire: 3 -a O
6
1
c B R -233 STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
' "" APR 11, 2008 08:01 AM
Doc No(s) 2008 -06B863 is/ CARL T. WATANABE
1111 111 11110 REGISTRAR OF CONVEYANCES
20 111 28 CONVEYANCE TAX: $0.00
LAND COURT SYSTEM / • GULAR SYSTEM
AFTER RECORDATION, RETURN BY: [X] MAIL [ ] PICKUP
Wallace H. Gallup, Jr. `C'� 3 $"6--j 11 /�
75 -5591 Palani Street, Suite 3007 -1 10-S
Kallua -Kona, HI 96740 This document has 16-pages.
AFFECTS TAX MAP KEY: (3) 7 -7 -07-47
LIMITED WARRANTY DEED
PARTIES:
GRANTOR: CHARLES GERALD BOCKUS, II, Successor Trustee of the Nelson Sills
Bockus Revocable Living Trust dated September 22, 1986, as amended,
having all powers under said trust agreement, including full power to buy, sell,
convey, exchange, mortgage, lease, assign, or otherwise deal with and dispose of
real property and interests therein, whose mailing address is 78 -7170 Haawina,
Kailua -Kona, HI 96740, and CHARLES GERALD BOCKUS, II, Successor
Trustee of the Marion Newman Bockus Revocable Living Trust dated
September 22, 1986, having all powers under said trust agreement, including full
power to buy, sell, convey, exchange, mortgage, lease, assign, or otherwise deal
with and dispose of real property and interests therein, whose mailing address is
78 -7170 Haawina, Kailua -Kona, HI 96740.
GRANTEE: ROGER BROWNELL BOCKUS, married, whose mailing address 76 -726C
Hualalai Rd., Kailua -Kona, HI 96740.
DESCRIPTION OF PROPERTY:
The property covered by this Warranty Deed is described in Exhibit "A" attached
to this document.
Planning Dept.
Exhibit Z
■
SALE AND TRANSFER OF PROPERTY:
In return for the Grantee's payment of th
r p ym the purchase price as agreed between
Grantor and Grantee, the Grantor sells and transfers the property described in Exhibit "A"
to the Grantee.
SALE AND TRANSFER OF OTHER RIGHTS:
Grantor also sells and transfers to the Grantee the following:
(A) All improvements located on the property;
(B) All rights the Grantor has in other property because of the Grantor's
ownership of the property being sold (these rights are known as "easements and
appurtenances ");
(C) All rents or royalties from the property;
(D) Any mineral and metallic rights owned by the Seller in the property; and
(E) All other rights or privileges that the Grantor owns because of the Grantor's
ownership of the property.
GRANTEE'S TENANCY:
The Grantee will take and own the property as a TENANT IN SEVERALTY.
The Grantee will also own the other rights described above in the same tenancy.
GRANTOR'S LIMITED WARRANTIES:
By signing this Deed, Grantor gives Grantee a limited warranty of title. This
means that Grantor only guarantees:
(A) That the Grantor is duly authorized and empowered to make the conveyance and
transfer described in this Deed; and
(B) That if any other person makes any lawful claim against the property or against
the other rights being conveyed and transferred by way of this Deed which claim arose
out of Grantor's possession of the property, or has any rights in the property which arose
out of Grantor's possession of the property and those claims or rights are not described in
Exhibit "A ", then the Grantor will defend the Grantee's ownership against those lawful
claims and rights. The Grantor does not have any obligation to defend the Grantee's
ownership against any claims or rights described in Exhibit "A ", or which did not come
into existence because of some act by the Grantor.
2
7/
DEFINITIONS:
The word "person" includes natural persons, business organizations and any other
entity the law allows to own property or conduct business;
The words "Grantor" and "Grantee" include the persons named in this Deed and those
who take over or succeed to that person's rights or interests, whether by purchase,
inheritance, operation of law or otherwise.
DATE:
This Deed is being signed by the Grantor on the 41 /� n day of �1
2008. 1
G L" ' "'
CHARLES GERALD BOCKUS, II,
Successor Trustee of the Nelson Sills
Bockus, Revocable Living Trust dated
September 22, 1986, as amended
/ Cgirea
CHARLES GERALD BOCKUS, II,
Successor Trustee of the Marion Newman
Bockus, Revocable Living Trust dated
September 22, 1986, as amended
Grantor
APPROVED AS TO FORM
By
WALLACE H. GALLUP, JR.
Attorney at Law
1
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On 111 1 4' , 2008, before me personally appeared CHARLES
GERALD BOC S, II, to me personally known or by satisfactory identification proven, who,
being by me duly sworn or affirmed, did say that such person(s) executed the foregoing
instrument as the free act and deed of such person(s), and if applicable, in the capacities shown,
having been duly authorized to execute such instrument in such capacities.
�.�
%% K Eliza . Kidd
m Not P lic, State and County Aforesaid
T.NI cl v 3= My c ission expires: 10/01/2007
- ♦`
,�, STAS�
' gttHHnntf0ata
EXHIBIT "A"
All the Grantor's undivided Fifty Percent (50 %) interest in and to that certain property more
particularly described as follows:
All of that certain parcel of land (portion of the land described in and covered by
Royal Patent Grant Number 3019 to Kaaipulu) situate, lying and being approximately 700 feet
Easterly of Walua Road, at Kapalaalaea 2nd, North Kona, Island and County of Hawaii, State of
Hawaii, being Lot 1 -A -3 (Revised), same being portion of Lot 1 -A, containing an area of 5.275 acres,
more or less, and being more particularly described in Exhibit "B" attached hereto.
Together with a perpetual, non - exclusive easement for access and utility purposes
over, under and across Fasement 1 (area, 0.622 acre) over, under and across Lots I -A-4 and 1 -A -5, in
favor of Lots 1 -A -1 thru 1 -A -5, inclusive, said Easement 1 being more particularly described in
Exhibit "C" attached hereto.
Together with a perpetual, non - exclusive easement for access and utility purposes
over, under and across Easement 2 (area, 0.048 acre) over, under and across Lots 1 -A -4 and 1 -A -5 in
favor of Lots 1 -A -1 thru I -A -5, inclusive, said Easement 2 being more particularly described in
Exhibit "D" attached hereto.
Together with a perpetual, non - exclusive easement for access and utility purposes
over, under and across Easement 3 (area, 0.998 acre) over, under and across Lots 1 -A -2 and 1 -A -4 in
favor of Lots 1 -A -1 thru 1 -A -5, inclusive, and being more particularly described in Exhibit "E"
attached hereto.
Together with a non - exclusive easement over, under and upon Easement 5 (area, 625
sq. Ft.) For water tank and pipeline purposes affecting and being located upon a portion of Lot 1 -A-
5, in favor of Lots 1 -A -1 thru 1 -A -4, inclusive and being more particularly described in Exhibit "F"
attached hereto.
Together with a non - exclusive easement for access purposes over and across
Easement 6 (area, 0.430) over and across Lot 1 -A -2, in favor of Lot 1 -A -1, 1 -A -3, 1 -A-4 and 1 -A -5,
and being more particularly described in Exhibit "G" attached hereto.
EXCEPTING AND RESERVING, however, unto Grantor A & E Enterprises, Ltd., a
Hawaii corporation, a perpetual, non - exclusive easement for utility purposes, over under, upon and
across Easement 1 (described in Exhibit "C "), Easement 2 (described in Exhibit "D "), Easement 3
(described in Exhibit "E ") and Easement 4 (described in Exhibit "H "), for the purpose of granting,
and together with the right to hereafter grant, perpetual rights in and to said easements (such rights to
include the right to construct, reconstruct and repair pole and wire lines for the transmission and
distribution of electricity for light and power and for the transmission of telephone communications
and the right of access to such pole and wire lines) to the Hawaii Electric Light Company, Inc. and
the Hawaiian Telephone Company, without the joinder or consent of the Grantee or any person
claiming by, through or under the Grantee.
BEING the premises acquired by the Grantor herein by way of Deed dated October
31, 1997, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 97-
151944, and Correction Deed dated February 2, 1998, and recorded in the Bureau of Conveyances of
the State of Hawaii as Document No. 98- 016885.
6
SUBJECT, HOWEVER, TO:
1. Title to all minerals and metallic mines reserved to the State of Hawaii.
2. "RESERVING unto Grantor herein a non - exclusive easement for ingress and egress over,
upon and across the strip of land which runs in a generally east -west direction from the
Hawaii Belt Road and which is bounded on the North by Lot 2 of the subdivision of Grant
3019 to Kaaipulu and on the South by the parcel owned by Hisae Nishina et al., which
easement shall terminate when the said strip of land is conveyed to the County of Hawaii or
State of Hawaii or other governmental agency for use as a public highway or roadway. "; as
reserved in Deed of Mysie N. Duarte, wife of Thomas Duarte, dated July 19, 1973, and
recorded in said Bureau in Liber 9451 at Page 258.
3. Grant of Easement by Christine Nahale, Thomas Duarte and Mysie Duarte to Hilo Electric
Light Company, Limited, now known as Hawaii Electric Light Company, Inc., dated June
15, 1956, as mentioned in instrument recorded in said Bureau in Liber 9167 at Page 2.
4. AGREEMENT dated June 1, 1983, recorded in said Bureau in Liber 17303 at Page 257,
made between the Department of Water Supply, County of Hawaii, as Department, and A &
E Enterprises, Ltd., a Hawaii corporation, as Owner.
5. Easement "4" for utility pole and anchor purposes, containing an area of 83 square feet, and
being more particularly described in Exhibit "H" attached hereto.
6. Declaration of Covenants, Conditions and Restrictions dated December 1, 1983, recorded in
said Bureau in Liber 17519 at Page 413.
7. Co- Tenancy Agreement dated December 5, 1984 by and between NELSON BOCKUS and
MARION BOCKUS, husband and wife, and ERIC C. HOLM and KRIS HOLM, husband
and wife, and recorded in said Bureau in Liber 18323 at Page 493.
END EXHIBIT "A"
CP
{
403157 Lot 1-A -3 (Revised) Page 1 r 2
EXHIBIT El
)
LOT 1 -A -3 (REVISED)
Land situated approximately 700 feet Easterly of Walua Road, at
Kapalaalaea 2nd, North Kona, Island and County of Hawaii, State of
Hawaii.
Being portions of:
Lot 1 -A; and
Grant 3019 to Kaaipulu.
Beginning at a h inch pipe (found) at the Southwesterly corner
of this parcel of land, being also the Southeasterly corner of Lot 8 of
the Keauhou Uka Subdivision, Unit II, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAILUA
(NORTH MERIDIAN)° being 18,646.71 feet South and 13,576.49 feet East and
running by azimuths measured clockwise from True South:
Thence, for the next seven (7) courses following along the
remainder of Grant 3019 to Kaaipulu;
1. 175 56' 10" c/ 177.45 feet along Lot 8 and Road Parcel of
the Keauhou Uka Subdivision, Unit II,
to a h inch pipe (set);
Thence, for the next six (6) courses following along Lot 1 -A -2
of this subdivision:
2. 248 30' / 90,00 feet to a h inch pipe (set);
3. 258 53' 470.00 feet to a h inch pipe (set);
4. 250 00' 410.17 feet to a h inch pipe (set);
5. 333 38' 50" ✓ 26.01 feet to a h inch pipe (set);
6. 241 50' ..„, feet to a h inch pipe (set);
7. 346 07' 208.49 feet to a h inch pipe (set);
Thence, for the next -twenty (20) courses following along
middle of stonewall and along Royal Patents 4475 and 6856, Land
Commission Award 7713, Apana 6 to V. Kamamalu, the direct
azimuths and distances being:
8. 54 55' \ /'72.82 feet to a point;
9. 60 14' 56.46 feet to a point;
10. 50 49' /20.13 feet to a point;
Page 1 of 2 Pages
WES THOMAS & ASSOCIATES, INC.
LAND SURVEYORS =
75-5722 KALAWA 67REET • KAD.UA•KONA. HE 96740
1
(
031$7 Lot #:A - 3 (Revlseuf rage 2 C f,f 2
11. 67 37' v'56.03 feet to a point;
12. 67 18' ,,46.10 feet to a point;
.13. 73 16' , ✓' feet to a point;
14 73° 02' xe feet to a point;
15. 77 47' --/ 69.25 feet to a point;
16. 93 31' ✓'51.00 feet to a point;
17. 89 02' / 57.42 feet to a point;
18. 84 00' , %55.49 feet to a point;
19. 81 11' ./ 56.68 feet to a point;
20. 87 14' ✓ 57.00 feet to a point:
21. 85° 37' ,' 97.83 feet to a point;
22. 80° 05' / 53.45 feet to a point;
23. 81 42' (60.77 feet to a point;
24. 81 00' / 57.04 feet to a point;
25. 65 44' 1 52.60 feet to a point;
26. 71 00' / 52.75 feet to a point;
27. 74 41' s- 49.75 feet to the point of beginning and
containing an area of 5.275 Acres.
T. Y r>,
c. n.: - ,- -- - WES THOMAS 6 ASSOCIATES, INC.
7 . .- '
ti:' is o nar
* \ 14 a 4331 Chrystal Thomas Yamasaki
b ,� , r' Registered Professional Land Surveyor
�a14 US State of Hawaii Certificate No. LS4331
75 -5722 Kalawa Street
Kailua -Kona, Hawaii 96740
TMK: 7- 7- 07:Portion 29 (3rd Division)
May 20, 1983
Revised: June 8, 1983
Revised: August 23, 1983
Revised: September 22, 1988
Revised: May 13, 1991
Page 2 of 2
WES THOMAS & ASSOCIATES, INC.
LAND SURVEYORS
75-5722 KALAWA STREET • KAH1U -KONA, HI 96740
.
•
•
. EXHIBIT 'C'
EASEMENT 1
Over and Across Lots 1 -A -4 and 1 -A -5
Beginning at the Southeasterly corner of this Easement,
being also the Southeasterly corner of Lot 1 -A -4, and a point
on the Westerly side of Mamalahoa Highway, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station 'EAILOA (NORTE HEHIDIAH)' being
17,738.99 feet South and 16,100.75 feet East and running by
azimuths measured clockwise from true South:
1. 79' 47' 40' 442.58 feet along Lots 1 and 2 and
along the remainder of Grant
3019 to Eaaipulu;
2. 77' 53' 30' 89.27 feet along the remainder of
Grant 3019 to Eaaipulu,
3. 170. 03' 55.34 feet along the remainders of
Lots 1 -A -4 and 1 -A -5:
4. 260• 03' 484.12 feet, along Lot 2 and the
remainder of Grant 3019 to
Eaaipulut
Thence, following along Lot 2
and the remainder of Grant 3019
to Eaaipulu on a curve to the
left with a radius of 20.00
feet, the chord azimuth and
distance being:
5. 204' 45' 15' 32.88 feet to the paint of beginning
and containing an area of 0.622
acre. ---- -----
PAGE 1 OF 1
EXHIBIT 'D'
EASEMENT 2
Pot Access and Utility purposes
Over and Across Lots 1 -A -4 and 1 -A -5
Land situated on the Westerly side of Hamalahoa Highway
at xapalaalaea, North xona, Island and County of Honolulu,
State of Hawaii.
Being portions of:
Lot 1-A-4,
Lot 1 -A -5: and
Grant 3019 of xaaipulu.
Beginning at the Northeasterly corner of this Easement,
being also the Northeasterly corner of Lot 1 -A -5 and a point
of the Westerly side of Kamalaboa Highway, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station 'fAILGA (NORTH MENIDIAN)' being
17,668.12 feet South and 16,058.93 feet East and running by
azimuths measured clockwise from true south:
1. 329 27' 38' 82.29 Mamaalahoa a to r a y 1 /2
pipe (set):
2. 79 47' 40' '47.66 feet along Lot 1 and the
remainder of Grant 3019 to
xaaipulu to a point:
3. 170• 03' 50.21 Lots 1-A-4 and 1- - 5 r
a 1/2
inch pipe (set):
Thence, following along Lot 2
and along the remainder of Grant
3019 to xaaipnlu on a curve to
the left with a radius of 20.00
feet, the chord azimuth and
distance being:
4. 204 45' 15' 32.88 feet to the point of beginning
and containing an area of 0.048
acre.---- --
PAGE 1 OF 1
. C
•
• EXHIBIT 'E'
EASEMENT 3
For Access and Utility Purposes
Over and Across Lots 1 -A -2 and 1 -A -4
Land situated at Xapalaalaea 2nd, North Rona, Island and
County of Hawaii, State of Hawaii.
Being portions of:
Lot 1 -A -2:
Lot 1 -A -4r and
Grant 3019 to Xaaipulu.
Beginning at the Southeasterly corner of this Easement,
being also the Southwesterly corner of Easement 1 and a point
on the Southerly boundary of Lot 1 -A -4., the coordinates of
said point of beginning refired to Government Survey
Triangulation Station 'XAILUA (NORTH MERIDIAN)' being
17,836.13 feet South and 15,577.89 feet East and running by
azimuths measured clockwise from true South:
Thence, for the next three (3)
courses following along the
middle of stonewall and along
the remainder of Grant 3019 to
Xaaipulu:
1. 77' 53' 30° 243.54 feet to a 1/2 inch pipe (set);
2. 84' 35' 30° 269.08 feet to a 1/2 inch pipe' (set):
3. 76" 10' 10" 209.75 feet to a 1/2 inch pipe (set);
4. 78' 10' 10' 170.00 feet along the remainder of Lot
1 -A -2 to a point;
5. 57" 46' 59.95 feet along the remainder of Lot
1 -A -2 to a point;
6. 30' 00' 174.23 feet along the remainder of Lot
1 -A -2 to a point;
7. 70' 00' 104.91 feet along Lot 1 -A -3 of this
subdivision to a point;
8. 160° 00' 20.00 feet along the remainder of Lot
1 -A -2 and along the Easterly end
of Easement 6 to a point:
9. 250° 00' 40.00 feet along Lot 1 -A -1 of this
subdivision and along the
remainder of Lot 1 -A -2 to a
point;
10. 212' 30' 206.80 feet along the remainder of Lot
1 -A -2 to a' point;
11. 135° 42' 9.96 feet along the remainder of Lot
1 - A - 2 to a paint;
PAGE 1 OF 2 lc
•
12. 253• 00' 270.00 feet along the remainder of Lot
1 -A -2 to a point;
13. 256' 10' IQ' 139.89 feet along the remainder of Lot
1 -A -2 to a point;
14. 264° 25' 78.00 feet along the remainder of Lot
1 -A -2 to a point;
15. 264' 35' 30' 227.85 feet along the remainder of Lot
1 -A -4 to a point;
16. 264° 35' 30' 34.74 feet along Lot 1 -A -5 to a point;
17. 257' 53' 30' 244.68 feet along Lot 1 -A -5 to a 1/2
inch pipe (set);
18. 350• 03' 30.24 feet along the remainder of Lot
1 -A -4 and along the Westerly end
of Basement 1 to the point of
beginning and containing an area
of 0.998 acres.
PAGE 2 OF 2
1R
EXHIBIT "P'
EASEMENT 5
For Hater Tank and Pipeline Purposes
Affecting Lot 1 -A -5
In Favor of Lots 1 -A -1 thru 1 -A -4, Inclusive
Land aituated.on the Southerly boundary of Lot 1 -A -5 at -
Xapalaalaea 2nd, North Kona, Island and County of Hawaii,
State of Hawaii
Being portions of:
Lot 1 -A -5; and
Grant 3019 to Kaaipulu.
Beginning at the Southeasterly corner of this Easement,
being also a point on the Southerly' boundary of Lot 1 -A -5 and
Easement 3 (Part 1) of this subdivision, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station 'KAILOA (NORTH MERIDIAN)• being
17,837.72 feet South and 15,425.98 feet East and running by
azimuths measured clockwise from true South:
1. 77' 53' 30• 25.00 feet along Lot 1 -A-4 of this
subdivision and along the .
Northerly'side of Easement 3
(part 1) to a point;
Thence, for the next three (3)
courses following along the
remainder of Lot 1 -A -5:
2. 167• 53' 30• 25.00 feet to a point;
3. 257• 53' 30• 25.00 feet to a point;
4. 347• 53' 30' 25.00 feet to the point of beginning
and containing an area of 625
square feet_ -- ---...
•
PAGE 1 OF 1
1�
E .
EXHIBIT "G
EASEMENT 6
For Access Purposes
Over and Across Lot 1 -A -2
In Favor of 1 -A -1, 1 -A -3, 1 -A -4 and L -A -5
Land situated at the Easterly end of Eeauhou Oka Subdivision at
Kapalaalaea 2nd, North Kona, Island and County of Hawaii, State of Hawaii.
Being portions of:
Lot 1 -A -2; and
Grant 3019 to Kaaipulu.
Beginning at the Northwesterly corner of this Easement, being also the
Northwesterly corner of Lot 1 -A -2 and the Southwesterly corner of Lot 1 -A -1
of this subdivision, the coordinates of said point of beginning referred to
Government Survey Triangulation Station • "A7IILUA (NORTH NERIDIAN)• being
18,448.80 feet South and 13,562.42 feet Last and running by azimuths measured
clockwise from True South:
Thence, for the next three (3) courses foilowing.along Lot 1 -A -1 of
this subdivision:
1_ 248' 30' 85.55 feet to a 1/2 inch pipe (set);
2. 258 ", 53' 470.27 feet to a 1/2 inch pipe (sat);
•
3. 250" 00' 377.89 feet to a point;
4. 340' 00' 20.00 feet along the, remainder of Lot 1 -A-2 and
along the Westerly end of Easement 3 (Part
2) to a point;
Thence, for the next three (3) courses following along Lot 1 -A -3 of
this subdivision:
5. 70' 00' 379.47 feet to a 1/2 inch pipe (set);
6: 78" 53' 470.00 feat to a 1/2 inch pipe (set);
7.• 68' 30' 90.00 feet to a 1/2 inch pipe (set);
8. 175" 56' 10" 20.96 feet along the Easterly end of Road "A" of
Keaubou Oka Subdivision, unit II, to the
point of beginning and containing an area
of 0.430 Acre.
PAGE 1 OF 1
• •
•
•
•
• EXHIHIT 'H'
EASEMENT 4
for Utility Pole and Anchor Purposes
Affecting Lot 1 -A -3
Land situated on the Northerly boundary of Lot 1 -A -3 at
Kapalaalaea 2nd, North Rona, Island and County of Hawaii,
State of Hawaii.
Being portions of:
Lot 1 -A -3: and
Grant 3019 to xaaipulu.
Beginning at the Northeasterly corner of this Easement,
being also a point on the Northerly boundary of Lot 1 -A -3,
the coordinates of said point of beginning referred to
Government sbrvey Triangulation Station 'RAILUA (NORTH
MERIDIAN)' being 18,205.82 feet South and 14,494.26 feet East
and running by azimuths. measured clockwise from true South:
Thence, for the next three (3)
courses following along the
remainder of Lot 1 -A -3:
1. 32° 30t - .19.86 feet to a point:
2. 122 10' 5.00 feet to a point;
3. 212• 30' 13.34 feet to a point;
4. 250' 00' 8'21 sub diviaion L and l along Easement 3
(Part 2) to the point of
beginning and containing an area
of 83 square feet.---- -
PAGE 1 OF 1
lG
•
DEPARTMENT OF PUBLIC WORKS C =' l - -`
COUNTY OF HAWAII n ^s 5 r,,.j 141 55
HILO, HAWAII
DATE: October 2, 2009
Memorandum
TO : B.J. Leithead -Todd, Planning Director
•
Planning Department
FROM : Galen M. Kuba, Acting Division Chief
Engineering Division
SUBJECT : Change of Zone Application (REZ 09- 000105)
Applicant: Charles G. Bochus
Location: Kapalalaea 2 N. Kona, HI
TMK: 3 / 7 -7- 007:047
We have reviewed the subject application and our comments are as follows:
1. All development generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties.
2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, Of the Hawaii County Code.
4. Nohealani Street, a 60 foot wide County road provides access the subject property
and the adjacent private road easement. According to the applicant, the subject
property uses the easement, which is shared by at least 3 other properties mauka
of Nohealani Street. The 9 -foot wide pavement width of the easement does not
conform to the width required by Subdivision Code.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327 -3530.
KE
copy: ENG -HILO /ENG -KONA FTC
UP 0 .7 iuui
By: N
Hawaii County is an Equal Opportunity Provider and Employer Planning Dept.
Exhibit V
I '
M <Y Os N
. 4. � ^ \,1J6 ` 9�
':3.' 73 'p'':Iti �
� ��.N3)•a(liC- if::i :L vt sr•.
William P. Kenai :• •i•; : �r )1'' i! Warren H. W. Lee
Mayor _ -+tnr t i 1 ( • •. " (� Ovecmr
' r� :', •� . ,- ": 07
William T. Takaba • or .1r'� [1t) �'
Managing Mrector
«ourtfu of PaulU I
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 -4224
(808) 961 -8321 Fax (808) 961 -8630
www co hawaii hi us
October 19, 2009
Mr. Charles G. Bockus
78 -7180 Haawina Street
Kailua -Kona, HI 96740
Subject: Change of Zone Application REZ 09- 000105
Kapalalaea 2 N. Kona, HI
TMK: 7 -7 -7:047
This is in response to your letter dated October 14, 2009. The Planning
Department will determine the final conditions for accessing the subdivided lots as
required by the Subdivision Code. The Department of Public Works makes
recommendations to the Planning Director as a part of the subdivision and change of zone
processes.
Regarding access from the outside ends of Nohealani Street right -of -way, DPW
prefers Nohealani Street be terminated with a culdesac turnaround meeting the
requirements of the Subdivision Code. That being found structurally impracticable, DPW
preference is a combined private access at the end of the street traveled way, rather than
additional driveways outside the end of the traveled way (shoulder and swale area) in a
manner which does not conform to our standards for driveway approaches and Hawaii
County Code Chapter 22. The requirement for the width of a combined access private
driveway will be determined under the Subdivision Code by the Planning Director, unless
imposed otherwise as a condition of zoning approval.
If you have any questions, please contact Kiran Emler of our Kona office at 327 -3530.
E palen M. Kuba, Division Chief
Engineering Division =�
c: ENG HILO /KONA .. r /FM
Planning Director ✓ ' fit, '.,,,. ` • `
County of Hawaii is an Equal Opportunity Provider and Employer
73 -7170 Haawina Street -_ ,, ,
Kailuu - Kona, H1 96740'
October 14, 2009
Galen M..Kuba, Acting Division Chief — Engineering Division
Department of Public Works
County of Hawaii.
Re: Your memorandum of October 2, 2009, regarding Change of Zoning Application
REZ 09- 000105 Tax map key 3/7 -7- 007:047
Dear Mr. Kuba:
'Fhis is to address the matters in paragraphs 1, 2 and 4 of the above referenced memo, i.e.
the applicants for rezoning of this 5.346 acres will comply with all items.
In particular, to item number 4 — in order to conform with the Hawaii County Subdivision
Code — please be advised that the Tenants -in- Common using the makai half of the
acreage will agree to create a completely separate driveway to directly access the
southeast (mauka) end of Nohealani Street, where their property enjoys a twenty foot
(20') common boundary with Nohealai Street (see attached map).
In other words, they would NOT access their portion of the property via the existing line
foot wide subdivision road. This would be similar to the precedent- setting action agreed
to by the County in granting rezoning /subdivision to the adjacent Garden of Eden
property in August of 1999 (ordinance No. 99 86).
Your approval of this course of action is respectfully requested.
Sincerely,
c -`
Charles G. Bockus
CGB/jkb
Att.
cc Mr & Mrs. Eric Holm
Mr. Roger B. Bockus
Hawaii County Planning Department SCANNED
Mr. Kiran Emler, Kona Engineering Division, County of Hawaii OCT 2 FM
1 By:45
attachment MAUKA
Lot 9
Lot 10
Garden of Eden
•
Q C
9
14" access
o N ��
sou -On 2�,g3�
469 Ft
On 61 3 '1 C 20' access ' HOLM
v. 1 5TR
NE A LP' N
LA
•
Lot e
cn Walter R. Bunt
and Kathy M. Bunt
(Owners)
C
v
cri
CJ tli /_OkYJ t'y: 7/ 9618742 PLANNING PAGE. lid
A
hi n.i':il'11;
'i cPs'\il'alal `K-
DEPARTMENT OF PUBLIC WORKS �r,:l,; .
COUNTY OF HAWAII c c
HILO, HAWAII 21.119 OCT - 5 t, ,M II: >>
DATE: October 2, 2009
Memorandum
TO B.J. Leithead -Todd, Planning Director
Planning Departrnent
FROM Galen M. Kuba, Acting Division Chief -, /
e Engineering Division V
SUBJECT : Change of Zone Application (REZ 09.000105)
Applicant: Charles G. Bochus
Location: Kapalalaea 2nd, N. Kona, HI
TMK: 3 / 7- 7- 00x' :047
We have reviewed the subject application and our comments are as follows:
1. All development generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties.
2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, 'of the Hawaii County Code.
4. Nohealani Street, a 60 foot wide County road provides access the subject property
and the adjacent private road easement. According to the applicant, the subject
property uses the easement, which is shared by at least 3 other properties mauka
of Nohealani Street. The 9 -foot wide pavement width of the easement does not
conform to the width required by Subdivision Code.
Should there be any questions concerning this matter, please fee! free to contact Kirar,
Emler of our Kona Engineering Division office at 327 -3530.
KE
copy: ENG -HILO /ENG -KONA
SCANNY,i
L UL I U o OM
13y:Q f)O
•
Hawalf County Is in Eputd Opportunity Prodder and Employer
y ,
a
{
19 49
� A P I f" DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
yr ' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'1 96720
' " TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657
October 19, 2009
TO: Ms. BJ Leithead Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000105) .? ;
APPLICANT — CHARLES G. BOCKUS
REQUEST: A -5a TO FA -2a
TAX MAP KEY 7 -7- 007:047
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject parcel is currently served by one (1) existing 5/8 -inch meter, which is limited
to one (1) unit of water with a maximum daily usage of 600 gallons per day and suitable for only one
single - family dwelling. The current water availability conditions in the area, which are subject to change
without notice, only provide for the number of lots or dwellings allowable under the current zoning.
Extensive water system improvements would be necessary to provide water service for the proposed 2 -lot
subdivision, which may include, but not be limited to, source development, storage, booster pumps,
transmission, and distribution facilities.
Should there he any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961 -8070, extension 255.
Si'cere , yours,
r.
i Mi on D. Pavao, P.E.
M. age
FM:dfg
copy - Mr. Charles G. Bockus
Nanning Dept. SCANNED
Exhibit L :027 gl 7
I B Y :
...'Water, Our Most Precious Resource ... 7(a `Wai A 7Keine .. .
11 , ,,oF WAli
p, A p
� ° a ( i o l i Y z7 L / ? f Jul 1 - ,.T. 1 1
E1E 19 49
o . a DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`I
7 7f z
2 y oF p �s 345 KEKUANAO'A STREET, SUITE 29''• : �as,a- IA gg20
--��{{
TELEPHONE (808) 961 -8050 • FAX (808) 961 -865
,, 7
November 2, 2009
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09- 000105)
APPLICANT — CHARLES G. BOCKUS
REQUEST: A -5A TO FA -2A
TAX MAP KEY 7 -7- 007:047
This letter shall supersede our October 19, 2009, letter to you regarding the subject application.
Please be informed that water can be made available for the proposed Change of Zone and 2 -lot subdivision.
The Department offers the following options to provide water service to the proposed additional lot:
Option No. 1:
Water can be made available from an existing 6 -inch waterline within Nohealani Street fronting the subject
parcel. Prior to granting final subdivision approval, the applicant would be required comply with the following
conditions:
1. Install a 1 -inch service lateral to accommodate a 5/8 -inch meter for the additional lot.
2. The water system pressure available from the 6 -inch waterline within Nohealani Street is such that the
proposed mauka lot will not be provided with the minimum pressure required per the Department's
Rules and Regulations and Water System Standards.
Therefore, pursuant to Section 3 -3 of the Department's Rules and Regulations, the owner of the subject
parcel would be required to execute an Elevation Agreement and submit a tank and pump system
schematic, prepared by a professional engineer licensed in the State of Hawaii. A copy of the
Department's Elevation Agreement Handout is enclosed to help the applicant understand this
requirement.
3. The final plat map for the subdivision shall show that the proposed makai lot is entirely within the
Department's existing pressure zone, which begins at an elevation of 756 feet.
Option No. 2:
Water can be made available for the proposed mauka lot from an existing 4 -inch waterline within Makenawai
Street approximately 420 feet from the subject parcel. The water system pressure available from the 4 -inch
waterline is from a higher pressure zone and therefore water service can be provided to the mau -
I SCANNED ... K pane ... i B,,
' 7 ' 1
Water, Our Most Precious Resource a Wai
TFc fleroAmanl r.f \Alto. C. nN l (lnnn.4 in * d.a. and ..mnL......
Ms. BJ Leithead Todd, Planning Director
Page 2
November 2, 2009
adequate pressure. Prior to granting final subdivision approval, the applicant would be required to comply with
the following conditions:
L Extend approximately 420 linear feet of 4 -inch waterline from the existing 4 -inch waterline within
Makenawai Street to front the subject parcel.
2. Install a 1 -inch service lateral to accommodate a 5/8 -inch meter for the proposed mauka lot.
3. Provide a minimum 15 -foot wide easement with a 10 -foot wide all- weather access road through the
property between the end of Makenawai Street and the subject parcel. An appropriate turn - around area
must be provided at the end of access road to allow for meter reading vehicles.
4. The appropriate documents shall be submitted, properly prepared and executed, to convey the water
system improvements and necessary easements to the Water Board of the County of Hawaii prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes
and bounds description within the conveyance documents. However, prior to water meter services
being granted to the development, or any lots within, the conveyance documents shall be accepted by
the Water Board.
Since it has been determined that water can now be made available, the Department requests that the applicant
remit a water commitment deposit of $150.00 for the proposed additional lot. The water commitment deposit
will be credited toward the final facilities charge, which subject to change, of $5,500.00. The facilities charge is
due and payable upon completion of the water system improvements and prior to final subdivision approval
being granted.
Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at
961 -8070, extension 255.
Sincerely yours,
I.
t
ic
Mte D. Pavao, P.E.
I Man r
FM:dfg 1
\
copy - Mr. Charles G. Bockus, (w /copy of Elevation .. greement Handout)
f ' v dt t PLANY -�t
William Kenoi / ; 1, * `� Lono'A Tyson r(t, . i t
Mayor _ -'�"f' Director
` n'
1•. .r .. ^
t t.
re o•xh+', , _ lean'" (1'4rrgoet�t 2. 5
Deputy Director
Iounty of Pafuai
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
•
25 Aupuni Street • Hilo, Hawaii 96720
•
(808) 961 -8083 Fax (808) 961 -8086
http. / /co.hawaii hi.us /directory/dir envmna.htm
MEMORAND
: 9 e€bbcr5 - 2009
To BJ LEITHEAD TODD, Planning Director
From: LONO A. TYSON, Director
Subject: Change of Zone Application (REZ 09- 000105)
Applicant: Charles G. Bockus
Request: A -5a to FA -2a
TMK: 7 -7 -7:47
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS: D/ t 44frt t 13 L Chi
WASTEWATER COMMENTS:
_ i/ / / No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of
the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'i County
Code. Complete D.E.M. Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the
Hawaii County Code.
( ) Other:
SOLID WASTE COMMENTS:
( ) No comments
( y,) Commercial operations, State and Federal agencies, religious entities and non - profit
organizations may not use transfer stations for disposal.
(,<) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
(k ) Ample and equal room should be provided for rubbish and recycling.
(x) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other
suitable diversion programs.
( 3\) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with eenclosed guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide up a to the department on cun m
enf-stas
( ) Other: 1 SCAN
cc: SWD, Planning dept. J12132 VT 28 2009
Exhibit ' '_» 057
County of Hawaii is an Equal Opportunity Provider and Employer
o ,1!tv or M ..k1
Srt
William P. Kenoi •:M'I „�}'�11* Lono A. Tyson
Mayor - K?K!P_ Director
\ e 4 ., 4 • °;NS_ Ivan Torigoe
f Nf
Deputy Director
(ruuufg u �. ttiuttt`i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961 -8083 Fax (808) 961 -8086
http: / /co.hawaii.hi.us /directory /dir envmng him
February 12, 2009
SOLID WASTE MANAGEMENT PLAN
Guidelines
INTENT AND PURPOSE
This is to establish guidelines for reviewing solid waste management plans, for which special
conditions are placed on developments. The solid waste management plan will be used to: (1)
promotes and implement recycling and recycling programs, (2) predict the waste generated by
the proposed development to anticipate the loading on County solid waste management
facilities, and (3) predict the additional vehicular traffic being generated because of waste and
recycling transfers. A qualified consultant shall prepare a suitable solid waste management
plan for review by the Department of Environmental Management.
REPORT
The Solid Waste Management Plan will contain the following:
1. Description of the project and the potential waste it may be generating: i.e. analysis of
anticipated waste volume and composition. This includes waste generated during the
construction and operational or maintenance phases. Waste types shall include (but not
be limited to):
A. Organics (including food waste and green wastes);
B. Construction and Demolition;
C. Paper (including cardboard);
D. Metal (including ferrous and non - ferrous metals);
E. Plastic;
F. Special (including ash, sludge, treated medical, bulky items, tires);
G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and
H. Glass.
2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of
glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for
rubbish and recycling.
3. Identification and location of the proposed waste reduction, waste re -use, recycling
facility or disposal site and associated transportation methods for..the various
components of the development's waste management system, including the number of
County of Hawai`i is an Equal Opportunity Provider and Employer
Solid Waste Management Plan Guidelines
Page 2 of 2
vehicle movements and associated routes that will be used to transport the waste and
recycled materials.
4. The report will include identification of any impacts to County- operated waste
management facilities, and the appropriate mitigation measures that will be implemented
by the development to minimize these impacts.
5. Analysis will be based on the highest potential use or zoning of the development.
REQUIREMENTS AND CONDITIONS
1. A solid waste management plan will be prepared for all commercial developments, as
defined under the policies of the Department of Environmental Management, Solid
Waste Division.
2. The Department of Environmental Management will require the developer to provide or
resolve all recommendations and mitigation measures as outlined in the solid waste
management plan; besides any conditions placed on the applicant herein.
3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste
management plan as complying with applicable Federal, State and County of Hawai'i
solid waste laws, regulations, and administrative rules.
Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste
Division Chief at 808- 961 -8515.
CONCUR:
4- A. ► > y �-f
Lono A. Tyson
DIRECTOR
County of Hawai'i is an Equal Opportunity Provider and Employer.
LAURA 11 11111.1.1
LI NDA LI \C.LP: � - "• f Y4E .. ..... LAND ANN N rcwv
:,,l\'lllN111101 I IAl1All < \959 ''k LAND null NAIUxAI x µl Lµ
9 I o rdnikNINN11NMA1, 11 RuNtuRl'I MANII.I MI \'1
7r; rr r 7 171 �, IJ ra 1".,..� Nu 1 1 , 1.1.1' 11
MUJI
1 Ill 1'1
\ and and :.L - I '..� .1
U d � hiN1 :KAI \ /WA2t
t 01.11 ` 1m, oN \ Al m
�y''It.:-• liDAIII,N.ANDOI lNCNNN Al ION
NUM nil OI Ir N\! 1 nnriN
, 11.11"IUN ON NMI it xl,ltllRrl' NINNANNKII NI
v\n, n unN AND Or/1 Ifir1111
STATE OF HAWAII NI,1, "\xtR.1Nl„x1.,NIl
,INlll,ln,.
St eleofH"w a" DEPARTMENT OF LAND AND NATURAL RESOURCES eiainnic MUNII H I; I IINN
R.,110m1A\1 M AND 1111.11,1 f1T 1N,1.■loN
STATE HISTORIC PRESERVATION DIVISION i 1m iJ A„„
601 KAMOKILA BOULEVARD. ROOM 555
KAPOLEI. HAWAII 96707
October 19, 2009
DJ Letthead Todd, Planning Director LOG NO: 2009.4022
County of Hawaii Planning Department DOC NO: 0910MD24
101 Pauahi Street, Suite 3 Archaeology
Hilo, Hawaii 96720 -4224
Dear Ms. Letthead Todd:
SUBJECT: Chapter 6E -42 Historic Preservation Review —
Request for Comment on a Change of Zone Application (REZ 09- 000105) t ' =
Kapala'alae 2 Ahupua'a, North Kona District, Island of Hawaii
TMK: (3) 7 -7- 007:047
Thank you for the opportunity to comment on the aforementioned project, which we received on October
1; 2009. The applicants ultimately propose to subdivide this parcel into two. We determine that no
historic properties will be affected by this project because:
❑ Intensive cultivation has altered the land
❑ Residential development /urbanization has altered the land
Previous grubbing/grading has altered the land
❑ An accepted archaeological inventory survey (AIS) found no historic properties
SHPD previously reviewed this project and mitigation has been completed
® Other: SHPD commented on this proposal and determined no hbtorte properties ■wll be affected
(Log No. 2008.0879, Doc No. 0804TD06).
hi the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and
laiva blisters /bubbles are identified during the construction activities, all work needs to cease in the
irhmediate vicinity of the find, the find needs to be protected from additional disturbance, and the State
Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933-
7653. If you have questions about this letter please contact Morgan Davis at (308) 933 -7650.
Aloha
Exhibit G
heresa K. Donham, Lead Archaeologist Hawaii Island Section
State Historic Preservation Division
SCANNED •
LINDA LINGLE o " -- CHIYOME L. FUKINO, M.D.
GOVERNOR
;R.;',s sa '+ %: Director of Health
I I
.L‘ N4inn
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
MEMORANDUM
DATE: October 16, 2009
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye fl -
Acting District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 09- 000105)
Applicant: Charles G. Bockus
Request: A -5a to FA -2a
Tax Map Key: 7 -7 -7:47
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on September 30, 2009. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for "[ajny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
waters... ". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11 -54.
2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
['brining D.r;pt.
xhibi, - 0 5 7371 -
BJ Leithead Todd
Page 2 of 3
October 16, 2009
of Intent (NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System ( NPDES).
a. An application for an NPDES individual permit is to be submitted at least
180 days before the commencement of the respective activities. The
NPDES application forms may also be picked up at our office or
downloaded from our website at:
http : / /www.hawaii goy/health/environmental/water/el eanwater /forms /indi
v- index.html.
b. An NOI to be covered by an NPDES general permit is to be submitted at
least 30 days before the commencement of the respective activity. A
separate NOI is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
http: / /www.hawaii. gov /health/environmental /water /cleanwater /forms /gent
- index.html.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55,
Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separate and distinct construction
activities may be taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11 -55, Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11 -55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11 -55, Appendix E]
v. Discharges ofhydrotesting water. [HAR, Chapter 11 -55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11 -55, Appendix G]
BJ Leithead Todd
Page 3 of 3
October 16, 2009
•
( vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11 -55, Appendix H]
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11 -55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11 -55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11 -55, Appendix K]
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11 -55, Appendix L]
2. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
3. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11 -54.
Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public
body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Ms. Joanna Seto, Supervisor of the Engineering
Section, CWB, at (808) 586 -4309.
We recommend that you review all of the Standard Comments on our website:
http:// hawaii .gov /health/environmental/ env- planning/landuse /landuse.html. Any comments
specifically applicable to this project should be adhered to.
WORD REZ 09- 000105 at
• LINDA LINGLE BRENNON T MORIOKA
GOVERNOR N I LA IUi N ,F "CC t: DIRECTOR
courni i � e IF �' I;�.7 i, D i. f'� } f =F�� �i ,. •, �sss
1 � t
f 11 I
eat, ; Deputy Directors
:DD MICHAEL 0 FORMBY
Lo (('�F ! YY ' ff, FRANCIS PAUL KEENO
ll f !, 1 s = i I . j; J ;..... _' @' BRIAN H SEKIGUCHI
an P JIROA SUMADA
STATE OF HAWAII IN REPLY REFER TO
DEPARTMENT OF TRANSPORTATION HWY -PS
869 PUNCHBOWL STREET 2.3629
HONOLULU, HAWAII 96813 -5097
October 28, 2009
Ms. Bobby Jean Leithead -Todd, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720 -4224
Dear Ms. Leithead -Todd:
Subject: Change of Zone, REZ 09- 000105, A -5a to FA -2a, Charles G. Bockus
Kapalalaaea 2nd, North Kona, Hawaii, TMK: (3) 7 -7 -007: 047
The proposed change of zone is intended to allow a 5.275 -acre parcel to be eventually
subdivided into two parcels of 2.6375 acres each. This will allow tenants in common (Bockus
and Holm) to have separate dwellings and farm separate plots. Access is via Nohealani Street, a
road under County of Hawaii jurisdiction.
The proposed change of zone is not anticipated to materially impact our State highway facilities.
If there are any questions, please contact Ken Tatsuguchi, Head Planning Engineer, Highways
Division, at (808) 587 -1830. Please reference file review number 09 -390.
V • - - ours,
• I
BRENNON T. MORIOKA, Ph.D., P.E.
Director of Transportation
057668
SCANN )
Planning Dept NOV 02203
Exhibit S - - - y
78 -7170 Haawina Street
;} k ," r -9 F11 _ 56 Kailua -Kona, HI 96740
" ` November 3, 2009
Jeff Darrow
County of Hawaii Planning Department
101 Pauahi Street
Hilo, HI 96720
Subject: Change of Zone Application (REZ 09- 000105)
Request: A -5a to FA -2A
TMK: 7- 7- 007:047
Reference: Oct. 27, 2009 letter from County Planning Director
Dear Mr. Darrow
With regard to the water requirements for the rezoning and /or subdivision of this
property, I contacted Mr. Finn McCall at the Water Department, to point out that a
separate water meter on the makai half of the property had recently been installed for the
exclusive use of the Holm family, and that Roger Bockus would continue using a
separate, mauka water supply from the Keauhou Uka Subdivision's water meter
(account # 89028100 -10).
This would be a common sense solution to the Water Department's "problem" — by
providing more than adequate water to the proposed two lots. However, should this
solution not be acceptable, the applicants would agree to install yet another, separate
meter on the makai boundary of the property (at Nohealani Street) for Bockus' use.
Now, as to the Department of Public Works' concern with direct access from Nohealani
Street to the portion of the property (makai) that the Holms would occupy, a November 2
meeting in Kona with the DPW resulted in a solution whereby the applicants could
pave /consruct a 20' by 20' "combined private access" at the mauka end of Nohealani
Street. This action would conform to DPS standards for driveway approaches, and
Hawaii County Code, Chapter 22.
Sincerely,
Charles G. Bockus
Planning Dept, SCANNE»
Exhibit_____
yP r1v� S 6 °6
a
I William P. Kenoi /
�. TV fry
/ o. +,•., BJ Leithead Todd
l Mayor Director
•�' ' Margaret K Masunaga
• '/, Deputy
County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (808) 961 -8742
October 27, 2009
Mr. Charles G. Bockus
78 -7170 Haawina Street
Kailua -Kona, HI 96740
Dear Mr. Bockus:
Subject: Change of Zone Application (REZ 09- 000105)
Applicant: Charles G. Bockus
Request: A -5a to FA -2a
TMK: 7 -7- 007:047
Upon initial review of your application it was thought that County water was available
for the proposed change of zone. We have recently received a memo from the
Department of Water Supply dated October 19, 2009 stating that there is water available
only for the current zoning and that extensive water system improvements would be
necessary to provide water service for the proposed 2 -lot subdivision.
In the Zoning Code under Section 25 -2 -46 (m) (Concurrency Requirements), it states "A
change of zone application shall not be granted unless: (1) the department of water supply
has determined that it can meet the water requirements of the project and issue water
commitments using its existing system; or (2) specific improvements to the existing
public water system, or a private water system equivalent to the requirements of the
department of water supply will be provided to meet the water needs of the project and
conditions of zoning delay occupancy until the necessary improvements are actually
constructed."
Please provide information regarding how water can be made available to the proposed 2
lots.
Nagai County is an Equal Opportunity Provider and Employer tt ` 4 v �p4�
I • }
Mr. Charles G. Bockus
Page 2
October 27, 2009
Additionally, we have received a memo from the Department of Public Works dated
October 19, 2009 stating that DPW prefers that Nohealani Street be terminated with a
culdesac turnaround meeting with the requirements of the Subdivision Code. DPW
acknowledges that this may be structurally impracticable and that their preference would
be a combined private access at the end of the street traveled way, rather than additional
driveways outside the end of the traveled way (shoulder and swale area) in a manner
which does not conform to our standards for driveway approaches and Hawaii County
Code Chapter 22.
Please provide information regarding the proposed access to the property, which will not
be from an additional driveway from Nohealani Street.
If you have any questions, please feel free to contact Jeff Darrow at 961 -8158.
Sincerely, '�I ^'^
( =BOBBY JEAN LEITHEAD TODD
Planning Director
JWD:smn
P:\ wpwm60 \Jeff\Letters\PC \LBockus -REZ09 -105 -W ater- RoadInfo.doc
cc Kona Planning Department
RBockus -REZ09 -105 7wd 11 -23 -09
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
CHARLES G. BOCKUS
CHANGE OF ZONE APPLICATION (REZ 09 -105)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone request from an Agricultural 5 -Acre (A -5a) to a Family Agricultural 2 -Acre (FA -2a)
zoned district be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant is requesting a change of zone from an Agricultural (A -5a) to a
Family Agricultural (FA -2a) district in order to subdivide the 5.275 -acre parcel into two
(2) lots, consisting of 2.6374 acres each.
Roger Bockus and Eric & Kris Holms hold title to the property as Tenants -in-
Common. Roger Bocicus has developed a family coffee farm with a dwelling on the
mauka portion of the property and the Holms plan on building a faun dwelling and plant
coffee on the undeveloped makai portion of the property.
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 quality growth determined
by the General Plan and related planning documents. The implications of these
evaluations and decisions must also be considered as they may have an impact on other
similar areas in the County. 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 and
Agriculture goals, policies and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents.
The proposed Change of Zone request from an Agricultural -5 acre (A -5a) to
Family Agricultural -2 acre (FA -2a) zoned district would conform to the following
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.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
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 graphically depicts the physical relationship
among the various land uses as anticipated for the island. The LUPAG Map establishes
the basic urban and non -urban form for areas within the County. The requested change
of zone conforms to the LUPAG Map, which designates the property and its immediately
surrounding area as hnportant Agricultural Land and Low Density Urban. The subject
area contains a mixture of residences and agricultural activities. With a minimum lot size
of two acres, the requested change of zone will still provide for an adequate parcel size
that could support agricultural activities at a smaller scale.
The requested zoning is consistent with the objectives and policies of the Kona
Community Development Plan, which identifies the property as on the border of the
"Kona Urban Area ".
Should the County Council approve the applicant's request to a Family
Agricultural (FA -2a) zoned district, the applicant would normally be allowed to apply for
a second farm dwelling, which would allow the construction of a second dwelling unit as
a separate or attached unit on both lots. Due to the fact that this subject request will
allow the existing parcel to be subdivided and subsequently allow the applicants to create
a second lot, we would be allowing an additional dwelling to be constructed which would
double the existing density of the area. Although the Planning Director supports this
rezoning request to allow for a two -lot subdivision with one home on each lot, the
potential to allow four (4) homes may contribute to a cumulative burden on the existing
infrastructure (road, water, etc.) which cannot be supported. Therefore, it is
recommended that a condition be included in the ordinance to prohibit a second dwelling
unit on each lot.
While the potential for agricultural uses exist, the property is comprised of soils
identified as Punaluu extremely rocky peat, 6 to 20 percent slopes. This soil series
consists of well - drained thin organic soils over pahoehoe lava bedrock and is used mainly
for pasture. Soil within the property has been classified as "C" or "Fair" for agricultural
productivity by the Land Study Bureau's Detailed Land Classification System and is
unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH)
System.
The properties immediately to the north were rezoned from A -5a to FA -2a in
August of 1999 (Ordinance No. 99 -86) and consists of a dwelling and small -scale
fanning. The property to the northeast was also rezoned from A -5a to FA -2a in August
of 2002 and is currently undeveloped. Further north and south of the property are lands
zoned A -5a and in mixed residential, coffee cultivation, and pastoral uses. Further east,
are lands zoned A -5a and A -la, which are also in mixed residential - agricultural uses.
The Keauhou Uka Subdivision (19 lots), which consists of lots zoned RS -10, lies to the
west of the subject property. The Kuakini Heights Subdivision (106 lots), which consists
of lots zoned RS -10, is situated further northwest.
All essential utilities and services are available to the site. Primary access to
the subject property is within Keauhou Uka Subdivision via Nohealani Street, which is a
County road with a 20+ -foot pavement width within a 60 -foot right -of -way with paved
shoulders and swales, which is in good condition. There is also an existing 9 -foot wide
3
concrete driveway within a 20 -foot wide access pole identified as "Easement 6" on the
applicant's deed that provides access to TMK: 7 -7 -7:46. The applicant's lot and other
lots have an access easement over Easement 6 to their properties. In 2004, the owner of
TMK: 7 -7 -7:46 submitted a subdivision application to subdivide their property into two
(2) lots as a result of a similar rezone from A -5a to FA -2a. The Department of Public
Works required that the applicant construct a minimum 16 -foot wide nondedicable
pavement conforming with DPW Standard Detail R -39 within Easement 6 for their
subdivision. Section 23 -88 (Nondedicable street; private dead -end street) states that a
private dead -end street may be established upon approval of the director. The street shall
provide access to six lots or less conforming to the minimum area requirements set forth
and shall be restricted only to residential lots and those agricultural lots zoned for less
than three acres. The minimum pavement width and right -of -way for a private road
providing access for 4 to 6 lots is a 16 -foot pavement within a 20 -foot right -of -way.
Based on this information, the Planning Director is adding a condition requiring the
applicant to construct a combined private access on Easement 6 with a minimum 16 -foot
wide nondedicable pavement to a point of 20 feet beyond the eastern boundary of the
proposed mauka lot (Lot 1- A -3 -B). The applicant may be able to work with the
surrounding lot owners that also require access from this easement to construct this
roadway.
Water for the proposed subdivision is available from an existing 6 -inch waterline
within Nohealani Street. The applicant will be required to execute an Elevation
Agreement and submit a tank and pump system schematic to the Department of Water
Supply to meet the minimum pressure required per the DWS's Rules and Regulations and
Water System Standards. As there is no municipal sewer system in the area, the
applicants would be required to dispose of wastewater in accordance with the
requirements of the Department of Health. All other essential utilities and services can or
will be made available for the subject development.
The subject development is not contrary to Chapter 205A, Hawaii Revised
States, relating to Coastal Zone Management Program. The property is
approximately two miles from the nearest shoreline. There are no records of a designated
4
public access to the shoreline or mountain areas traversing through the property. The
proposed development will not adversely impact recreational resources, including access
to and along the shoreline or to mountain areas, scenic and open space vistas, visual
resources to the shoreline, historic resources, marine resources, beach protection, coastal
ecosystems and coastal hazards.
In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka 'Aina " decisions, the issue of native Hawaiian gathering and fishing rights must be
addressed in teens of the cultural, historical, and natural resources and the associated
traditional and customary practices of the site:
• hivestigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kama`Aina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural, historical, and natural resources found in the rezoning area:
The property was previously cleared and used for cattle grazing. The property has
been altered and is used for agricultural and residential uses. There are no
existing archaeological, cultural or historic sites on the property per the National
Historic Register and /or the Hawaii Register. As such, it is anticipated that no
cultural, historic or natural resources will be affected. The Department of Land
Natural Resources - Historic Preservation Division issued a "no- effect" letter dated
April 15, 2008 stating that no historic properties will be affected by the change in
zoning.
• Possible adverse effect or impairment of valued resources: There is no evidence
that the flora in the area are particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed
action will not affect traditional Hawaiian rights; therefore, no action is necessary
to protect these rights. A condition of the change of zone will require that the
applicant cease work and notify the SHPD should any unanticipated
archaeological features or sites be uncovered during the course of development.
Based on the foregoing, the approval of the Change of Zone request from an Agricultural
5
5 -acre (A -5a) to Family Agricultural 2 -acre (FA -2a) zoned district would result in an appropriate
land use pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25 -3 -3 (North Kona Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
•
6
I•
; os N ;•
COUNTY OF HAWAII �.. - %:. STATE OF HAWAII
BILL NO.
ORDINANCE NO.
(PLANNING DEPT.)
AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL — TWO ACRES
(FA -2a) AT KAPALAALAEA 2 NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY: 7 -7- 007:047.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kapalaalaea 2 °a , North
Kona, Hawai`i, shall be Family Agricultural — Two Acres (FA -2a):
Beginning at a % inch pipe (found) at the Southwesterly corner of this parcel of
land, being also the Southeasterly corner of Lot 8 of the Keauhou Uka Subdivision, Unit
II, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAILUA (NORTH MERIDIAN)" being 18,646.71 feet South and
13,576.49 feet East and running by azimuths measured clockwise from True South:
Thence, for the next seven (7) courses following along the remainder of Grant
3019 to Kaaipulu;
1. 175° 56' 10" 177.45 feet along Lot 8 and Road Parcel of
the Keauhou Uka Subdivision, Unit
II, to a 12 inch pipe (set);
Thence, for the next six (6) courses following along Lot 1 -A -2 of this subdivision;
2. 248' 30' 90.00 feet to a 1/2 inch pipe (set);
3. 258° 53' 470.00 feet to a % inch pipe (set);
-1-
4. 250° 00' 410.17 feet to a 1/2 inch pipe (set);
5. 333 38' 50" 26.01 feet to a 1/2 inch pipe (set);
6. 241° 50' 116.36 feet to a % inch pipe (set);
7. 346° 07' 208.49 feet to a 1/2 inch pipe (set);
Thence, for the next twenty (20) courses following along middle of
stonewall and along Royal Patents 4475 and 6856, Land Commission
Award 7713, Apana 6 to V. Kamamalu, the direct azimuths and distances
being:
8. 54° 55' 72.82 feet to a point;
9. 60° 14' 56.46 feet to a point;
10. 50° 49' 20.13 feet to a point;
11. 67° 37' 56.03 feet to a point;
12. 67° 18' 46.10 feet to a point;
13. 73° 16' 57.63 feet to a point;
14. 73° 02' 53.94 feet to a point;
15. 77° 47' 69.25 feet to a point;
16. 93° 31' 51.00 feet to a point;
17. 89° 02' 57.42 feet to a point;
18. 84° 00' 55.49 feet to a point;
19. 81° 11' 56.68 feet to a point;
20. 87° 14' 57.00 feet to a point;
21. 85° 37' 97.83 feet to a point;
22. 80° 05' 53.45 feet to a point;
-2-
23. 81° 42' 60.77 feet to a point;
24. 81° 00' 57.04 feet to a point;
25. 65° 44' 52.60 feet to a point;
26. , 71° 00' 52.75 feet to a point;
27. 74° 41' 49.75 feet to the point of beginning and
containing an area of 5.275 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-3-
I .
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-4-
CBockus- REZ09- 105 jwd 11-23-09
CHARLES G. BOCKUS
CHANGE OF ZONE APPLICATION (REZ 09 -105)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within one hundred and eighty (180) days from the effective date of this
ordinance. The applicant shall execute an Elevation Agreement and submit a tank
and pump system schematic prepared by a professional engineer licensed in the
State of Hawaii meeting the requirements of the Department of Water Supply
prior to Final Subdivision Approval.
C. Final Subdivision Approval of the proposed family - agricultural subdivision shall
be secured from the Planning Director within five (5) years from the effective
date of this ordinance.
D. The applicant shall construct a combined private access on Easement 6 with a
minimum 16 -foot wide nondedicable pavement conforming with DPW Standard
Detail R -39 to a point of 20 feet beyond the eastern boundary of the proposed
mauka lot (Lot 1- A -3 -B) meeting with the approval of the Department of Public
Works.
E. A drainage study, if required, shall be prepared by a licensed civil engineer and
submitted to the Department of Public Works prior to issuance of a construction
permit. Any recommended drainage improvements, if required, shall be
constructed meeting with the approval of the Department of Public Works prior to
the issuance of Final Subdivision Approval.
F. Restrictive covenant(s) in the deeds of all the proposed family - agricultural lots
shall prohibit the construction of a second dwelling unit and condominium
property regimes on each lot. A copy of the proposed covenant(s) to be recorded
with the Bureau of Conveyances shall be submitted to the Planning Director for
review and approval prior to the issuance of Final Subdivision Approval. A copy
of the approved covenant(s) shall be recited in an instrument executed by the
applicant and recorded with the Bureau of Conveyances prior to the issuance of
Final Subdivision Approval.
G. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
Historic Preservation Division (DLNR -HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR -HPD when it finds that sufficient mitigative measures have been taken.
H. The applicant shall comply with all applicable laws, rules, regulations and
requirements of affected agencies for approval of the proposed subdivision within
the subject property.
Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
J. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be perfomned
within one year may be extended for up to one additional year).
5. if the applicant should require an additional extension of time, the
-7-
Planning Department shall submit the applicant's request to the Maiming
Commission and County Council for appropriate action.
K. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
-3-
•
• , A -la
ktyWi 1
. V e 7 3 - 1P A/ A-5a '
oN r , T \ itiii r
�i
i
ii 0 , pii "' / A -5a
�� % FA -2a `
opswila NW AIME ■ ■
C�- (A -5a) A -5a ' A -la
°V 411.ftal - r „ ':'' ; 4:gli
F . bail ik •�` 'x r :�:�'k:. _,..`,: .. :lt .3 AGRICULTURAL - FIVE
� \" ',?; 15,e46 . { $`�`�,';... _ TO FAMILY AGRICULTURAL -
ACRES (A -Sad
i *, - .T - t''
Pr • _I k' ;, -` ` 5.2'/5 ACRES TOTAL
1 A -5a • n . T'S 1 1
0 13.596.43 E
. "KAILUA (NORTH MERIDIAN "
4 011111
I
A -5a I S 0
R5 -15 ',
O
I
I
,
l e. . 1100
A -5a
9� RS -15
, y
l m
R5 -10 '$ I Z
A 5a
` , � sr N
411 RS-15 ', ,0� --k t
1, KAHO A-5a
i Feet
0 250 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL - TWO ACRES (FA -2a)
AT KAPALAALAEA 2nd, NORTH KONA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK 7 -7- 007 047 DATE Oct. 1, 2009