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HomeMy WebLinkAboutCOM 0065.000 1996-1998 r~~ William G. Davis Managing Director Stephen K. Yamashiro i• Mayor Henry Cho +f Deputy Managing Director Er Mr fl~nunfg >J~ ~ttfirttii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 • Faz (808)326-5663 December 27, 1996 c, Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 96-7) Request: Agricultural to Urban Change of Zone Application (REZ 96-17) Request: Unplanned to RS-15 Applicant: Towne Development of Hawaii, Inc. Tax Map Key• 7-7-8:30 and 96 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced applications. Sincerely, r~ St hen K. a ashiro Mayor AK:syw LTowne0l.MAY Enclosures cc: Planning Commission REZ 96-17 &SLU 96-7 S (iea4>o? liq xw ZN Pc. nsae DEC 3 0 1896 . . ~NtY Of N,~ y iyr~, Stephen IC Yemaehiro xta~. •(•OF NF~F\ ~IIliii~~1 II~ ~C~1T2iTT PLANNING COMMISSION 15 Aepuni Street, Rmm 109 • Hiio, FLw~ii %720-4252 (808) %1-8288 Fu (808) %I•%15 Pllli r '.'~~b Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 96-7) Request: Agricultural to Urban Change of Zone Application (REZ 96-17) Request: Unplanned to RS-15 Applicant: Towne Development of Hawaii, Inc. Tax Man~y• 7-7-8:30 and 96 The Planning Commission, after a duly held public hearing on December 5, 1996, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from an Agricultural to Urban District and a Change of Zone from Unplanned (U) to Single Family Residential (RS-15) district classi5cation for approximately 14~ acres of land. The properties are located on the makai side of Kuakini Highway and northeast of the White Sands Beach Estates at Pahoehoe 3rd, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: Crary r and Uce BoundarkAmendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property does conform to this standard as it is proximate to the already urban subdivisions. The subject property is also contiguous to the existing adjacent Keauhou View Estates and White Sands Estates Subdivisions urban areas. The Urban boundary request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates this area for Urban Expansion. Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. This request is to allow an urban development, a planned low-density residential subdivision. Low Density Urban Development is defined as Residential uses at a density of four units per acre and certain neighborhood commercial uses are permitted within this designation. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. The Kona Regional Plan, adopted by the Planning Commission in 1984, recommends the area for residential four units per acre. The applicant's proposal is a single family residential subdivision. It is adjacent to a proposed 387-lot residential subdivision called Keauhou View Estates Subdivision. The proposed reclassification is for a similar urban land use designation. Thus, the requested boundary amendment would be in the direction of fulfilling the low density range plans, in this particular case. The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located just .5 miles from the urban retail/employment center of Kailua-Kona, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. The property is or will be provided with all utilities and services which are essential to accommodate urban development. Water service is available to the property via connection to the County waterline extending along Kuakini Highway. The property has a water commitment of 30-units of water. Access to the property Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 would be via subdivision roadways from the adjacent proposed Keauhou View Estates Subdivision. Conditions of approval require a new access, other than by way of Alii Drive be provided prior to final subdivision approval of any lot. This roadway will be open to public traffic. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone X, areas determined to be outside the 500-year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification does meet with the standard which states that the lands included within the Urban District shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the subject property is within the State Land Use Agricultural and County's Unplanned zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii ALISH Map classifies the mauka portion of the property as "other important agricultural land" and the makai portions are unclassified. Archaeological evidence suggests that this area may have been used marginally for limited agricultural production (primarily sweet potato, dry land taro and possibly yam). Agricultural production in this zone of the Kona Field System did not contribute substantially to subsistence demand. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the mauka area is "D" or Poor and in the makai area is "E" or Very Poor. The area has been used during recent years for cattle grazing. Therefore, the reclassification of this 14.013 acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is amore feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, an Urban classification would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent residential subdivisions. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Finally, it should also be noted that the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Achieve a strong, viable economy, characterized by stability, diversity and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. b. Encourage urban developments in close proximity to existing services and facilities. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. Change of Zone In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from an Unplanned (U) to a Single Family Residential-15,000 square feet (RS-15) zoned district will conform to the following goals, policies and standards of the Land Use and Single Family Residential Elements of the General Plan. o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o 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. o To maximize choices of single-family residential lots and/or housing for residents of the County. o To ensure compatible uses within and adjacent to single-family residential zoned areas. o To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. o The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies and standards. o Areas shall have basic improvements and amenities necessary for immediate use. o Areas shall be limited to low-density and medium density residential uses. The proposed request would also complement the following Housing Element goals and policies by creating a mix of residential housing opportunities, maintaining a housing supply that allows a variety of choice and by providing housing units geared toward the middle income bracket. o Attain safe, sanitary and livable housing for the residents of the County of Hawaii. o Attain a diversity of socio-economic housing mix throughout the different parts of the County. o Maintain a housing supply which allows a variety of choice. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 o Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. o Improve and maintain the quality and affordability of the existing housing stock. o Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. o Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested zone change from Unplanned (U) to Single Family Residential-15,000 square foot (RS-15) conforms to the LUPAG Map, which designates the property as Urban Expansion Area. Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the urban expansion area. Therefore, this proposed single family residential development will provide the framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. In addition, the Kona Regional Plan Land Use Concept Map designates this area for residential expansion. The applicant is concurrently applying to the County of Hawaii for a State Land Use Boundary Amendment from the Agricultural to the Urban District for the property, in conformance with its "Urban Expansion Area" classification under the County's General Plan LUPAG Map. The Change of Zone application from an Unplanned (U) to a Single Family Residential-15,000 square feet (RS-15) designation also conforms with this LUPAG Map classification. The applicant intends to develop a single family residential subdivision. Access to the property would be via subdivision roadways from the adjacent proposed Keauhou View Estates Subdivision. Conditions of approval require a new access, other than by way of Alii Drive be provided prior to final subdivision approval of any Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 lo[. This roadway will be open to public traffic. All other essential utilities and services can or will be made available to the subject development. Conditions of approval are being included to ensure the provision of all essential utilities. The development of the property will add to the inventory of existing residential zoned lands in the West Hawaii region. The proposed development is located within close proximity to all necessary urban services and facilities, and will serve to complete the urban core for that area of Kailua-Kona. The applicant will also complete its proposed project in compliance with all of the codes and standards referenced above. Therefore, the proposed rezoning and development will complement the land usage within the community and neighborhood it is proposed to be located in. Access to the property would be via subdivision roadways from the adjacent proposed Keauhou View Estates Subdivision. Conditions of approval require a new access, other than by way of Alii Drive be provided prior to final subdivision approval of any lot. This roadway will be open to public traffic. Water for the proposed project will be provided by the County of Hawaii from a 12-inch waterline along Kuakini Highway. Water commitments for the 30-lot subdivision are available. The proposed project abides by the above-stated County policy encouraging "[he clustering of developments in order to reduce the cost of providing utilities." The wastewater from the project will be disposed of by the prevailing requirements of the State Department of Health's rules and regulations to be installed by the respective homeowners. Additionally, the applicant will abide by all applicable State and County air quality and noise level control standards during the pre-construction and construction phases of the project. Therefore, proposed single family residential development will be developed in an area that is or can be adequately served by water, utilities, sewers and transportation systems. The Flood Insurance Rate Maps (FIRM) indicate that the property is located in Zone "X", area outside of the 500-year flood plain. There are no significant drainageways anticipated. While there are no indications of surface water flow on-site, the applicant will abide by all applicable County guidelines for run-off generated by the development. There were some sites of archaeological significance, however, none were recommended for physical preservation, with the exception of the Great Wall of Kuakini. The Great Wall of Kuakini has been recommended for inclusion into the National Register of Historic Places. As such, subject to certain mitigative measures, the subject site should not have any significant archaeological impacts. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 The above public improvements by the applicant would complement the proposed single family residential development to fit into the locale with minimal intrusion while providing the desired housing development, as well as incorporating appropriate infrastructure and design concerns of the development. While the property is within the State Land Use Agricultural and County's Unplanned zoned districts, it is not currently being used for any active agricultural purposes. The mauka area is classified in Other Important Agricultural Land and the makai area is Unclassified by the ALISH Map. The Land Use Study Bureau's Overall Master Productivity Rating for soils in the area are D or Poor and E or Very Poor. Therefore, the reclassification of this 14.013 acres from an Unplanned to a Single Family Residential (RS-15) zoned district will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is more feasible to infill urban development within [his particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban type uses. Based on the above findings, this request to reclassify the subject property from an Unplanned (U) to a Single Family Residential-15,000 square feet (RS-15) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to the State Land Use Boundaries Map, H-8 for the County of Hawaii, and Section 25-87, the North Kona Zone Map of the County Zoning Code, are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 We are enclosing copies of the applications and a copy of [he staff background for your information. Sincerely, ~ U~. ~ ~ Kevin M. Balog, Chairman Planning Commission AK: syw LTowneD2.PC Enclosures cc: Honorable Stephen K. Yamashiro, Mayor Mr. Christopher L. Lau Stephen J. Menezes, Esq. Mr. William Moore Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources f BTowne01.a mm-11\08\96 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TOWNE DEVELOPMENT OF HAWAII, INC. • STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU NO. 96-7) CHANGE OF ZONE APPLICATION (REZ NO. 96-17) Towne Development of Hawaii, Inc., has submitted applications for a State Land Use Boundary Amendment from an Agricultural to Urban District and a Change of Zone from Unplanned(U) to Single Family Residential (RS-15) district classification for approximately 14± acres of land. The property is located on the makai side of Kuakini Highway and northeast of the White Sands Beach Estates Subdivision at Pahoehoe 3rd,North Kona, Hawaii, TMK: 7-7-8:30 and 96. GENERAL INFORMATION 1. Ownership: Taiyo Hawaii Company, Ltd., is the owner of TMK: 7-7-8:30, which consists of approximately 7±acres and Karen Kobayashi and Katherine Staton are the owners of TMK: 7-7-8:96, which consists of approximately 5.8+acres. RELATED INFORMATION 2. TMK: 7-7-8:11 Adjoining Lands - On May 22, 1996, Towne Development of Hawaii, Inc., received an approval from the County Council on the amendments to Ordinance No. 86-79. The applicant was in the process of acquiring the proposed Keauhou Development Estates Subdivision,TMK: 7-7-8:11 and had requested amendments to several conditions of Ordinance No. 86-79. The purpose of the request was to amend the performance requirements of Ordinance No. 86-79 to ensure that the applicant was not in violation with the time conditions as it purchased the property from Taiyo Hawaii, Inc. The request was also to amend certain conditions to allow the property to be developed incrementally in a manner that ensured that the infrastructure impacts and concerns were addressed in a manner that was fair to both the County and the owner. PROPOSED DEVELOPMENT 3. Request: The applicant wishes to subdivide the property into thirty (30) 15,000 square foot lots. The application is for approximately 14.013 acres to be redistrict from Agricultural to Urban and rezoned from Unplanned (U) to Single Family Residential-15,000 square foot (RS-15). Attachment to C-65/Bills 21 & 22 c- (os co, '3 a ' 4. Objectives: The applicant provided the following: "The applicant is proposing to develop the subject area with approximately thirty(30) 15,000 square foot single family residential lots." "The area is immediately adjacent to the proposed Keauhou View Estates'subdivision (TMK: 7-7-08:11) which Towne was in the process of acquiring. This area was originally zoned for Single Family Residential uses in 1983. Towne subsequently requested an amendment to the conditions of approval of this rezoning which was approved by the County on May 22, 1996." "The subject area is proposed to be incorporated into this residential subdivision, whereby the road system would be extended to provide access for the proposed lots. The proposed 15,000 square foot residential zoning is consistent with the existing zoning of the adjacent lands on the south, mauka(east) of the proposed Alii Highway." 5. Additional Information: The applicant has submitted the following in support of the request: (See Exhibit A-Change of Zone and State Land Use Boundary Amendment Application) STATE AND COUNTY PLANS 6. SLU: Agricultural 7. General Plan LUPAG Map: Urban Expansion Area, which allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the urban expansion area. 8. General Plan Consistency: Economic, Housing, Environmental Quality, Flood Control and Drainage, Public Utilities,Transportation, Land Use Residential elements, goals, policies and courses of action for North Kona. 9. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Transportation, Socio-Cultural Advancement(Housing) objectives and policies. 10. Kona Regional Plan: Single Family Residential 4 units per acre (RES-4). -2- 11. County Zoning: Unplanned 12. SMA: The subject property is within the SMA boundary. The applicant will file an SMA application prior to commencement of any development within the area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject property is a rectangular-shaped lot of approximately 14.013 acres. The property is slightly sloping. The area extends 120 to 630 feet above mean sea level. 14. Flora: Vegetation on the parcel consists of opiuma, koa haole and klu with an understory of grasses, primarily guinea grass. In the upper portions of the parcel, guinea grass dominates with little possibility of understory plants although Sida.spp and air-plant are present in scattered openings. Several vines, notably hedgehop gourd and balsam pear, are present. 15. Fauna: No native fauna was observed on the site. No forest bird species are associated with these areas because of the low elevation. The two Hawaiian raptors, the Hawaiian Hawk or'Io and the Hawaiian Owl or Pueo,probably make some use of the area, however, the subject property is not considered part of its essential habitat. The Hawaiian Hoary Bat may also be present in the area,however,the project area would not be expected to represent essential habitat for the species. Feral cats, rats, and mice are likely to inhabit or utilize the area. 16. Archaeological: An archaeological inventory survey, including subsurface testing was conducted by Archaeological Consultants of the Pacific,Inc.. A 100 percent surface survey of the project area was undertaken. "A total of eleven(11)sites were identified which were composed of a total of fifteen(15)features. In addition to the above sites, seven(7)previously recorded sites were identified. Six (6)were walls constructed of stacked boulders and cobbles (including the Great Wall of Kuakini), while one site was an agricultural complex composed of fifteen(15) features." "Ten(10) of the features were tested for subsurface cultural deposits. Only the three blister calved(sic) yielded cultural remains. All mounts and possible platforms were determined to likely be agricultural clearance mounds. The presence of midden and -3- artifactual remains in the blister caves suggest that these caves were utilized as temporary shelters. The lack of features such as living floor, hearths and platforms suggest that the blister caves were not utilized for permanent habitation." "No habitation structure remains, burial sites, lava tubes or religious monuments and features were located on the subject property." 17. The Department of Land and Natural Resources-Historic Preservation Division and Archaeological Consultants of Hawaii have agreed that the three cave sites are significant and have proposed interim preservation measures. The Interim Preservation Plan, will be reviewed prior to any land alteration of the project site. Regarding the Great Wall of Kuakini, ACPI recommends that any potentially damaging activity of the portion of the site bordering the subject property be avoided. Preservation of this site has been previously recommended. A preservation commitment for the Great Wall of Kuakini should be submitted to the State Historic Preservation Division for review and approval. 18. U.S.D.A. Soil Type: Punaluu and Kaimu series. The Kaimu soils, which occupy the upper third of the area consist of dark brown extremely stony peat over fragmented a'a. Permeability is rapid, runoff is slow and the erosion hazard is slight. The lower portion of the area consists of Punaluu Soils which are thin organic soils over pahoehoe lava bedrock. Rock outcrops occupy 40-5-percent of the surface. The peat is rapidly permeable while the pahoehoe is very slowly permeable with the exception of cracked areas in which water moves rapidly. Runoff is slow and the erosion hazard is slight. 19. ALISH Map: The mauka portion of the property is classified as "Other Important Agricultural Land" and the makai portion is "Unclassified". 20. FIRM: Zone "X", areas determined to be outside the 500-year flood plain. 21. Land Study Bureau: The mauka portion of the property is "D" or Poor and the makai portions are classified as "E" or Very Poor. 22. Surrounding Zoning/Land Uses: The property is situated adjacent to Keauhou View Estates Subdivision. This subdivision is in the State Land Use Urban District and the County's Single Family Residential-7,500 square foot(RS-7.5) zoned district. White -4- 4.1pR.ovo Sands Estates Subdivision is located to the east and lands to the north are zoned Single Family Residential (RS-7.5). PUBLIC FACILITIES AND UTILITIES 23. Access: Access to the property will be via subdivision roadway from the adjacent • proposed Keauhou View Estates Subdivision. The proposed Alii Highway will traverse along the makai boundary of the project site. 24. Water: Water can be made available to the property from an existing 12-inch waterline along Kuakini Highway. 25. Wastewater: The County's new sewer lines is presently under construction in the area. Wastewater disposal system will meet with requirements of the Department of Health and/or the Department of Public Works. 26. Electrical/Telephone: Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 27. Police/Fire/Medical: Police services are provided by the County of Hawaii from its Kealakehe and Kailua-Kona stations. Fire protection is provided by the County of Hawaii from its Kailua-Kona, Kealakehe and Captain Cook stations. Emergency medical and paramedical services are also provided by the Hawaii County Fire Department. Kona Hospital is located at Kealakekua. 28. Other essential utilities and services are or will be made available to the subject property. AGENCIES' COMMENTS 29. Department of Water Supply: (See Exhibit B -July 30, 1996 Memo) 30. Department of Health: (See Exhibit C -July 9, 1996 Memo) Applicant's Response: (See Exhibit D-August 12, 1996 Letter) 31. Department of Public Works: (See Exhibit E -July 22, 1996 Memo) Applicant's Response: (See Exhibit F - September 2, 1996 Letter) 32. Real Property Tax Office(July 8, 1996 Memo): "The above referenced parcels have both received a preferential agricultural use assessment within the last ten years and as such are subject to a rollback tax upon -5- rezoning from agricultural to urban. There will be a deferred tax and penalties assessed to each parcel upon granting of the petitioner's request for rezoning." Applicant's Response: (See Exhibit G - August 12, 1996 Letter) 33. Fire Department: (See Exhibit H -July 9, 1996 Memo) Applicant's Response: (See Exhibit I -August 12, 1996 Letter) 34. State Land Use Commission (July 9, 1996 Letter): "We have reviewed the subject applications and supporting documents as transmitted by your memorandum dated June 28, 1996, and confirm that the subject parcels, containing a total of approximately 14.013 acres, and identified as TMK: 7-7-08:38 and 96, are within the State Land Use Agricultural District. "We have no further comments to offer at this time. "Thank you for the opportunity to provide comments on the subject applications. "If you have any questions in regards to this matter,please feel free to contact me or Leo Asuncion of my staff at 587-3822." 35. Department of Education (July 19, 1996 Memo): "The Department of Education has reviewed the subject application for a State Land Use Boundary Amendment/Change of Zone application and has determined that the proposed zone change will have no significant impact on the schools in the area. "Thank you for the opportunity to respond." 36. Department of Land and Natural Resources: (See Exhibit J-August 2, 1996 Letter) Applicants Response: (See Exhibit K-October 1, 1996 Letter) 37. Department of Transportation: (See Exhibit L -October 8, 1996 Letter) Applicant's Response: (Exhibit M-November 7, 1996 Letter) 38. Police Department: (See Exhibit N-July 22, 1996 Memo) Applicant's Response: (See Exhibit O- August 12, 1996 Letter) AGENCIES -NO RESPONSE 39. Civil Defense, Parks and Recreation, Office of Housing and Community Development and Natural Resources Conservation Service. -6- PUBLIC COMMENTS 40. The Department has not received any objections from the general public or adjacent landowners. • -7- qo CHANGE OF ZONE APPLICATION APPLICANT'S STATEMENT: Towne Development of Hawaii, Inc. Unplanned (U) to Single Family Residential - 15,000 square foot (RS-15) Tax Map Key: 7-7-08: 30 and 96 Pahoehoe 3rd, North Kona, Hawaii Island Project Description and Ownership The applicant, Towne Development of Hawaii, Inc. (Towne) is proposing to develop a residential subdivision within the project area. Towne is a wholly owned subsidiary of Towne Realty, Inc. which is based in Milwaukee, Wisconsin. Towne has been developing property in Hawaii since the 1970's and has been involved in developing properties on Hawaii island since the mid 1980's. Projects include The Shores at Waikoloa, Bay Club at Waikoloa, Sunset Ridge at Waikoloa and the Elima Lani apartment project in Waikoloa Village. A portion of the project site (TMK: 7-7-08: 30) is presently owned by Taiyo Hawaii Company, Ltd. Towne has entered into an agreement with Taiyo to purchase this property. The remainder of the project site (TMK: 7-7-08: 96) is owned by the Kobayashi family. Towne has entered into an agreement with the Kobayashi's to rezoned and develop this area for residential purposes. The Kobayashi family would then retain a portion of the improved project site. Towne is proposing to develop the subject area for residential purposes. The project area is adjacent to and will be incorporated as part of Towne's proposed Keauhou View Estates subdivision (TMK 7-7-08: 11.) A total of approximately thirty (30) 15,000 square foot lots will be developed as a result of this action. This is in addition to the existing Keauhou Estates Subdivision area which will be developed with up to 374 RS- 7.5 and RS-15 lots. The residential development is proposed to be targeted to residents of the Kailua-Kona area and will be priced consistent with adjacent developments. These lots are currently expected to be sold between $100,000 and $150,000, depending on the views and amenities. The proposed subdivision would include underground utilities and roadways meeting with the approval of the Department of Public Works. Access will be from the applicant's adjacent proposed Keauhou View Estates subdivision. All conditions relating to access, including provision of an alternative access to Alii Drive shall be provided prior to subdivision approval. Planning and engineering work for the proposed residential subdivision is proposed to commence upon approval of this request. Depending on market conditions, residential products should be available for purchase by in 1998. EXHIBIT STATE LAND USE BOUNDARY AMENDMENT (15 Acres or Less) APPLICANT'S STATEMENT: Towne Development of Hawaii, Inc. State Land Use Agricultural to Urban Tax Map Key: 7-7-08: 30 and 96 Pahoehoe 3rd, North Kona, Hawaii Island Project Description and Ownership • • The applicant, Towne Development of Hawaii, Inc. (Towne) is proposing to develop a residential subdivision within the project area. Towne is a wholly owned subsidiary of Towne Realty, Inc. which is based in Milwaukee, Wisconsin. Towne has been developing property in Hawaii since the 1970's and has been involved in developing properties on Hawaii island since the mid 1980's. Projects include The Shores at Waikoloa, Bay Club at Waikoloa, Sunset Ridge at Waikoloa and the Elima Lani apartment project in Waikoloa Village. A portion of the project site (TMK: 7-7-08: 30) is presently owned by Taiyo Hawaii Company, Ltd. Towne has entered into an agreement with Taiyo to purchase this property. The remainder of the project site (TMK: 7-7-08: 96) is owned by the Kobayashi family. Towne has entered into an agreement with the Kobayashi's to rezoned and develop this area for residential purposes. The Kobayashi family would then retain a portion of the improved project.site. Towne is proposing to develop the subject area for residential purposes. The project area is adjacent to and will be incorporated as part of Towne's proposed Keauhou View Estates subdivision (TMK: 7-7-08: 11.) A total of approximately thirty (30) 15,000 square foot lots will be developed as a result of this action. This is in addition to the existing Keauhou Estates Subdivision area which will be developed with up to 374 RS- 7.5 and RS-15 lots. The residential development is proposed to be targeted to residents of the Kailua-Kona area and will be priced consistent with adjacent developments. These lots are currently expected to be sold between $100,000 and $150,000, depending on the views and amenities. The proposed subdivision would include underground utilities and roadways meeting with the approval of the Department of Public Works. Access will be from the 4' applicant's adjacent proposed Keauhou View Estates subdivision. All conditions relating to access, including provision of an alternative access to Alii Drive shall be provided prior to subdivision approval. Planning and engineering work for the proposed residential subdivision is proposed to commence upon approval of this request. Depending on market conditions, residential products should be available for purchase by in 1998. 1 � N JUSTIFICATION The applicant believes the proposed reclassification of land from the State Land Use Agricultural to the Urban land use district is consistent with the Hawaii County General Plan and the applicable State Land Use Urban District Standards. Consistency with the Hawaii County General Plan The General Plan Land Use Pattern Allocation Guide map designates the subject area for Urban Expansion. Such designation allows for a mix of high density, medium density, low density, industrial and/or open designation in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The General Plan Support Document's Land Use Element further identifies the Kailua- Keauhou area as an "Urban Center" for the North Kona District. The subject area falls within this area. The applicant believes the proposed change of zone would be consistent with the General Plan Housing goals of providing a variety of housing choices as well as attaining a diversity of socio-economic housing mix within the Kailua to Keauhou area. By allowing the proposed development, the following Housing goals of the General Plan may be attained: o Maintain a housing supply which allows a variety of choice. o Improve and maintain the quality and affordability of the existing housing stock. o The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. The applicant believes that the proposed development is consistent with the Single Family Residential Element which states: o Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural and physical environments of the County. o To maximize choices of single-family residential lots and/or housing for residents of the County. o To ensure compatible uses within and adjacent to single-family residential zoned areas. o To provide single-family residential areas conveniently located to public • and private services, shopping, other community activities and convenient access to employment centers. o The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and stated goals, policies, and standards. o Areas shall have basic improvements and amenities necessary for 2 • • immediate use. o Areas shall be limited to low-density and medium density residential uses. The Single Family Residential Courses of Action for the North Kona District "shall encourage the concentration of residential structures to avoid strip residential development." The applicant believes the project is conveniently located to schools, recreation, commercial areas, and employment centers. The proposed is an area that is targeted for residential development by the County. The areas immediately to the north and south have been zoned for residential uses. It is within close proximity of the Keauhou Major Resort Destination Area as well as the Kailua-Kona urban area. All essential utilities are or will be available to the subject property. The applicant recognizes its development will impact regional infrastructure facilities and improvements, including roads, parks, police and fire facilities and solid waste disposal. Therefore, it is willing to pay its "fair share" towards these facilities in accordance with current County policies. A portion of the subject property is identified as "Other Important Agricultural Lands" by the Department of Agriculture's ALISH maps. These lands are classified by the Land Study Bureau's Overall Master Productively Rating System as "C" or poor. The area is presently used as marginal grazing for cattle. However, because of the poor soils and low rainfall, the agricultural productivity is very poor. Furthermore, these lands have been identified for Urban Expansion by the General Plan's LUPAG map. Therefore, the applicant believes the proposed zoning will not result in a loss of a valuable agricultural resource. Furthermore, the long term conversion of these land to urban uses will not significantly reduce the overall productivity of the Island's and State's agricultural industry. Consistency with State Land Use Law The applicant believes the proposed reclassification is consistent with the State's land use law, Chapter 205, Hawaii Revised Statutes (HRS). Section 205-2(a) (1), HRS provides that urban district shall include lands which were in urban use at the time of the statute's enactment and "...a sufficient reserve area for foreseeable urban growth...". The subject area is a portion of the Kailua to Keauhou area which has been t identified as a major urban center by the Hawaii County General Plan. The proposed reclassification is in keeping with the overall pattern of current and proposed growth. The subject area can be characterized by "city-like" concentrations of people, structures, streets, urban level of services, and other related uses. The subject area is immediate adjacent to areas which have been zoned for multiple-family and single family residential uses. 3 V.. The subject area is within 1/2 mile of the Keauhou Major Resort Destination Area which is a major employment center in the North Kona District. It is also in close proximity to the Kailua-Kona area which is regional service center for the West Hawaii area. The project area and surrounding lands are well served by basic infrastructure and governmental services. A new sewer line is presently under construction and the County is proceeding with the planning and design for the Alii Highway improvements. Other necessary utilities are available to the project area, including water, electricity, telephone and cable television. The project area is surrounded by existing SLU Urban classified lands, including the areas immediately to the north and south. Other urban areas include the residential areas along Alii Drive and the Keauhou Resort Destination Area to the south. The project area is reasonable free from environmental hazards such as flooding, unstable soil and other adverse environment effects. Portions of the project area are relatively steep, exceeding 20 percent in slope in some areas. However, it is similar in character to the surrounding areas and will be developed consistent with applicable regulations and requirements. • • 4 t 0o VI rt, •, f ,g" '�,,� �'� DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 0,",.w�.`- 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (808) 969-1421 • FAX (808) 969.6996 July 30, 1996 ;, G • TO: Planning Department -o -4:;- --,',1. FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION NO. 96-7 AND �� �—.1 CHANGE OF ZONE APPLICATION NO. 96-17 APPLICANT - TOWNE DEVELOPMENT OF HAWAII, INC. TAX MAP KEY 7-7-8:30 AND 96 We have reviewed the subject applications. Water can be made available from an existing 12-inch waterline along the Mamalahoa Highway. Pursuant to the Department's "Water Commitment Guidelines Policy, " a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the 28 additional lots requested in the proposed 30-lot subdivision development, the required water commitment deposit is $4,200.00. Remittance by the applicant of the $4,200.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Should the subject application be approved and a subdivision application be executed, approval will be subject to the following conditions: 1 . Construct necessary water system improvements, which shall include, but not be limited to: a. Construction of an on-site .30-MG concrete reservoir. - b. Water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions. This requires a looped system being constructed by connecting the on-site water system to the existing water system facilities on Kuakini Highway and Alii Drive; minimum diameter of mains shall be 8 inches. c. Service laterals that will accommodate an appropriately sized meter to each additional lot. d. Fire hydrants spaced not more than 600 feet apart. ..„„ r(2 EHIB . .. Wbrt g pr gredi. .. p naming Department Page 2 July 30, 1996 2. Submit construction plans and design calculations, prepared by a professional engineer, registered in the State- of Hawaii , for review and approval . 3. Remit the prevailing facilities charge and capital assessment fee, which are subject to change, of $76,050.00 and $14,000.00, respectively. Should the applicant have any questions, please call our Water Resources and Planning Section at 969-1421 . Milton D. Pavao, P.E. Manager WA: 10 copy - (w/att.) Towne Development of Hawaii , Inc. William L. Moore Planning Mr. Stephen Menezes r it.OF H,4._ 4 1101• P.. BENJAMIN J.CAYETA1IO LAWRENCE GOVERNOR MIKE DIRECTOR OF HEALTH ,�veil�.�. • STATE OF HAWAII DEPARTMENT OF HEALTH PAX BOX 916 HILO,HAMRA 96721-0916 - DATE: July 9, 1996 TO: Planning Director, County of Hawaii ....A FROM: Chief Sanitarian, Hawaii District SUBJECT: State Land Use Boundary Amendment Application (SLU 96-7) Request: Agricultural to Urban Change of Zone Application (REZ 96-17) Request: Unplanned to RS-15 Applicant: Towne Development of Hawaii, Inc. Tax Map Key: 7-7-8:30 and 96 Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control. " For any construction activity that may result in the discharge of storm water to waters of the State, and involves the clearing, grading and excavation of five (5) acres or more of total planned development, a National Pollutant Discharge Elimination System (NPDES) storm water permit is required from the Department of Health. The permit application should be submitted to the Director at least 90 days prior to the commencement of construction. An NPDES permit is required for any.. discharge to waters of the State including construction runoff, de-watering activities, hydrotesting water from new water lines or storage tanks, groundwater remediation sites, and cooling water discharges from air conditioning units. The permit application should be submitted to the Director at least 90 days prior to the commencement of construction. EXHIBIT ' Planning Director Co'.tnty of Hawaii July 9, 1996 Page 2 Our Clean Water Branch (Ph. 586-4309) in Honolulu is responsible for the issuance of the National Pollution Determination and Elimination System (NPDES) permits. If there is a need for additional information please call them. The Department of Health would support any sewer requirements made by the County of Hawaii for the proposed project. m AARON ENO Chief Sanitarian, Hawaii District WP51:SLU96-7.mi • S i - WILLIAM L. MOORE PLANNING 159 HALAL STREET Hao,HAWAII 967206 . (808)935-0311/Fax(808)934-0162 /11/0 J i. 1 PO ,oU"rY: 3 3 y August 12, 1996 7 ` 1; � Aaron Ueno, Chief Sanitarian, Hawaii District State Department of Health - P.O. Box 916 Lilo, Hawaii 96721-0916 Dear Mr. Ueno: wa Subject: SLU Boundary Amendment Application(SLU 96-7) Change of Zone Application(REZ 96-17) Towne Development of Hawaii, Inc. Tax Map Key: 7-7-08: 30 and 96 This is to acknowledge receipt of you memorandum of July 9, 1996 to the Planning Director regarding the subject State Land Use Boundary Amendment and Change of Zone Applications. Please be informed that the developer, Towne Development of Hawaii, Inc. intends to fully - comply with the requirements of the State's Underground Injection Control Code and the National Pollutant Discharge System permit requirements. Thank you for you comments of this matter. Please call me or Christopher Lau, President of Towne Development of Hawaii, Inc. at (808) 537-5976 if you have any questions on this matter. Sincerely, tO,(9,A.ON4A William L. Moore cc: Planning Department Towne Development of Hawaii, Inc. EXHIBIT " g3 . • s COUNTY OF HAWAII • HILO, HAWAII DATE July 22, 1996 Witeato/taeetetam TO : Planning Director FROM /Gale . Kuba, Chief Engineering Division SUBJECT: Change of Zone Application (REZ 96-17) State Land Use Boundary Amendment (SLU 96-7) Applicant: Towne Development of Hawaii, Inc. Location: Pahoehoe 3rd, North Kona, HI TMK: 7-7-08:30 & 96 We have reviewed the subject application and our comments are as follows: Building 1. Building shall conform to all requirements of code and statutes pertaining to building construction. Drainage 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. • 3. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. 4. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. 5. The applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Contro j�liigcit must be applied for from the Department of Health, State of Hawaii. ]]x«1 f . Jul,, ..�6 Page 2 6. The applicant should work with the Natural Resources Conservation•Service (formerly known as the Soil Conservation Service). • Solid Waste 7. The developer shall prepare a solid waste management plan for the development which is to be administered by the Association of Homeowners or by the developer if no association is established. • Wastewater 8. Sewer lines should be installed to tie in with the Kealakehe Wastewater Treatment Plant. Roadways 9. Vehicular access to the individual lots should not be from the arterial roads. 10. The driveways must conform to County standards. The sight distance must meet the requirements of the Statewide Design Manual. 11. A Traffic Impact Analysis Report (TIAR) should be performed to enable proper design of roadways. 12. Roadway connections to the adjoining parcels should be provided meeting with the approval of DPW. These roads should be open to public traffic. It is DPW policy on large subdivisions to recommend that functioning interconnections be made to adjoining parcels. 13. All roadways within the proposed development should follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways. These roadways should also meet the requirements of DPW. Curb, gutter, and sidewalks should be required in areas of pedestrian traffic. 14. An overall traffic circulation plan meeting with the approval of the County should be submitted. 15. In the interests of pedestrian and bicyclist safety, bike lanes should be considered throughout the project. N !' - .. .: U'rector July 22, 1996 Page 3 16. A schedule outlining roadway and infrastructure improvements should be submitted and subject to the approval of both DPW and DOT. This is to help ensure an orderly and sensible construction plan to minimize inconvenience to the public. • • TWP:sls cc: Engineering - Hilo Engineering - Kona Planning - Kona 1 ` • • WILLIAM L. MOORE PLANNING 159 HALAI STREET HILO,HAWAII 96720 (808)935-0311/Fax(808)934-0162 September 2, 1996 • Galen M. Kuba, Chief Engineering Division Department of Public Works 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Kuba: Subject: SLU Boundary Amendment Application (SLU 96-7) Change of Zone Application(REZ 96-17) Towne Development of Hawaii, Inc. Tax Map Key: 7-7-08: 30 and 96 This is to acknowledge receipt of you memorandum of July 9, 1996 to the Planning Director regarding the subject State Land Use Boundary Amendment and Change of Zone Applications. Please be informed that the developer, Towne Development of Hawaii, Inc. intends to fully comply with the requirements of the County. More specifically, in response to the identified areas of concern: Building: Towne intends to comply with all codes and statutes pertaining to building construction Drainage: Towne will prepare a drainage study to ensure all drainage concerns are addressed. Furthermore, all grading and grubbing activity shall comply with Chapter 10 of the Hawaii County Code. All requirements of the Underground injection Control Code will be complied with. Furthermore, Towne will work with the Natural Resource Conservation Service, as appropriate to identify and address drainage concerns. Solid Waste: Towne is agreeable to the requirement that a solid waste management plan for the development be prepared, which shall be administered by the Association of Homeowners, or by the developer if no association is established. Wastewater: Towne intends to connect to the County's wastewater systems. EXHIBI'I F ' ' Department of Public Works September 2, 1996 Page No. 2 Roads: Towne is agreeable to preparing an overall roadway circulation plan for review and approval by the County. This plan would identify stub-outs to • adjoining parcels. All roadways will confirm to the Hawaii Statewide Uniform Design manual for Streets and Highways. However, because of the proposed 15,000 square foot lot size, no curbs, gutters and sidewalks are proposed at this time. Vehicular access to individual lots will be prohibited from any arterial road, while all driveways will conform to County Design Standards. A Traffic Impact Analysis Report will be conducted as required to ensure proper design of roadways and roadway intersections. Thank you for you comments of this matter. Please call me or Christopher Lau, President of Towne Development of Hawaii, Inc. at (808) 537-5976 if you have any questions on this matter. Sincerely, tr-WVA.Q. William L. Moore cc: Planning Department Towne Development of Hawaii, Inc. • Steven Menezes, Menezes, Tsukazaki Yeh&Moore r WILLIAM L. MOORE PLANNING 159 HALAI STREET HI1.o,HAWAII 96720 (808)935-0311/Fax(808)934-0162 August 12, 1996 John Totten, Real Property Appraiser Department of Finance -Real Property Tax 75-5737 Kuakini Highway, Suite 102 Kailua-Kona, Hawaii 96740 Dear Mr. Totten: Subject: SLU Boundary Amendment Application(SLU 96-7) Change of Zone Application(REZ 96-17) Towne Development of Hawaii, Inc. Tax Map Key: 7-7-08: 30 and 96 This is to acknowledge receipt of you memorandum of July 8, 1996 to the Planning Director regarding the subject State Land Use Boundary Amendment and Change of Zone Applications. Please be informed that the developer, Towne Development of Hawaii, Inc. is aware of the preferential use assessment of the subject property and that they will be subject to rollback tax should the request boundary amendment and rezoning request be granted. Thank you for you comments on this matter. Please call me or Christopher Lau, President of Towne Development of Hawaii, Inc. at (808) 537-5976 if you have any questions on this matter. Sincerely, MN/AA (4/661')c3 William L. Moore cc: Planning Department Towne Development of Hawaii, Inc. EXHIBIT • • * . • Nelson M.Tsuji Stephen K.Yaa'nashiro ; ,�.. �\ Fire Chief Mawr \ _..__.... 2Edward Bumatay \ ..• r _- Deputy Fire Chief Gault% of lutttt ' FIRE DEPARTMENT 777 Kilauea Avenue•Mall Lane,Room 6•Hilo,Hawaii 96720-4239 - (808)961-8297•Fax(808)961-8296 = s ' July 9, 1996 • To: Virginia Goldstein, Planning Director. .;"'a � ": _.._- • • From: Nelson M. Tsuji, Fire Chief SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 96-7) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 96-17) REQUEST: UNPLANNED TO RS-15 APPLICANT: TOWNE DEVELOPMENT OF HAWAII, INC. TAX MAP KEY: 7-7-8:30 AND 96 The Fire Department's requirements as stated in the Fire Code are: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b) . EXHIBIT 1t�t� • To: Virginia Goldstein, Planning Director Page 2 July 9 , 1996 "3 . When there are not more than two Group R, Division 3 or ' Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief. " (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 July 9, 1996 "(i) Bridges. When a bridge is' required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "( j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. " "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10. 207. To: Virginia Goldstein, Planning Director Page 4 July 9, 1996 • " (d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of • reflective markers. " (e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. " NELSON M.—TSf7 Fire Chief NMT/mo ti • • WILLIAM L. Moor PLANNING 159 HALAI STREET HILo,HAWAII 96720 • (808)93S-0311/Fax(808)934-0162 August 12, 1996 Nelson M. Tsuji, Fire Chief County of Hawaii • Fire Department 777 Kilauea Ave., Mall Lane, Room 6 Hilo, Hawaii 96720 Dear Mr. Tsuji: Subject: SLU Boundary Amendment Application(SLU 96-7) Change of Zone Application(REZ 96-17) Towne Development of Hawaii, Inc. Tax Map Key: 7-7-08: 30 and 96 This is to acknowledge receipt of you memorandum of July 9, 1996 to the Planning Director regarding the subject State Land Use Boundary Amendment and Change of Zone Applications. Please be informed that the developer, Towne Development of Hawaii, Inc. intends to fully comply with the requirements of the Fire Code, including those sections relating to Fire Apparatus and Installation of Fire-Protection and Life-Safety Systems. Thank you for you comments on this matter. Please call me or Christopher Lau, President of Towne Development of Hawaii, Inc. at (808) 537-5976 if you have any questions on this matter. Sincerely, Vaktif,, MOM° William L. Moore cc: Planning Department Towne Development of Hawaii, Inc. EXHIBIT • BENJAMIN J.CAYETANO GOVERNOR OF HAWAII jj �� 4 '1 ,t-�I''[: MICHAEL D.WILSON CHAIRPERSON c, \\ \\ O I"F BOARD OF LANG ANO NATURAL RESOURCES \ H PUTY DE t7\� .1 ` `\ GILBERT S.COLOMA-AGARAN �•JU��\ STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES AQUACULTURE DEVELOPMENT P.O. BOX 621 PROGRAM HONOLULU, HAWAII 96809 AQUATIC RESOURCES BOATING AND OCEAN RECREATION CONSERVATION ANO AUG _/E ENVIRONMENTAL AFFAIRS REF•LM-AJ L CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE Honorable Virginia Goldstein, Planning Director HISTORIC PRESERVATION County of Hawaii, Planning Department LAND MANAGEMENT STATE PARKS 25 Aupuni Street, Room 109 WATER ANO LANG DEVELOPMENT Hilo, Hawaii 96720 WATER RESOURCE MANAGEMENT Dear Ms . Goldstein: FILE NO. A133 SUBJECT: State Land Use Boundary Amendment Application (SLU 96-7) Request: Agricultural to Urban Change of Zone Application (REZ 96-17) Request: Unplanned to RS-15 Applicant: Towne Development of Hawaii, Inc. TAX MAP KEY: 7-7-08 :30 & 96 We have reviewed the subject application and would like to offer the following comments : Historic Preservation Division We have not received a copy of the archaeological inventory survey report for the subject area and are thus unable to comment on the effects of the proposed development on historic sites . Thus, our Chapter 6E-42 recommendation to the County on these applications is to defer a decision until the archaeological inventory survey report is submitted to our office and we are able to review it. Once we see an acceptable inventory survey report, then we will be able to advise the County as to how many (if any) significant historic sites are present in the parcel and their nature; and we will be able to recommend to the County appropriate mitigation measures (if mitigation of significant historic sites is neeaed) . Thank you for the opportunity to review the subject application. We have no further comments to offer at this time. If you have any questions, please contact Al Jodar of the Land Division at 587-0424 . Aloha, MICHAEL D. WILSON U I:\NETDATA\OAHU\AL\LTR\COM133.RTN EXHIBIT • Towne Development of Hawaii, Inc. 220 South King Street,Suite 680• Honolulu,Hawaii 96813:..,... (808)537-5976 Fax (808)523-1095 October 1, 1996 '36 OCT 2 PEI 1 54 FL Virginia Goldstein, Director COUNTY Cr P':',W'i,!,;PP County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Subject: Towne Development of Hawaii, Inc. COZ Application(96-17)/SLU Boundary Amendment Application (96-7) TMK: 7-7-08: 30 and 96 Dear Ms. Goldstein, This is to update you on the status of the archaeological review of the subject property. In their letter dated August 2, 1996, the Department of Land and Natural Resources indicated that their Historic Preservation Division had not received a copy of the archaeological inventory survey. Attached for your information is an updated letter from DLNR's Historic Preservation Division to Mr.Joseph Kennedy of Archaeological Consultants of Hawaii,dated September 3, 1996. This letter acknowledges receipt of the Archaeological Inventory Survey for the project area on June 7, 1996 and finds that the report was adequate in inventorying the sites on the property. Also attached is follow up correspondence between Joseph Kennedy and the Historic Preservation Division on the requirements for the treatment of three blister caves which have been identified for data recovery before they can be destroyed. We hope the attached correspondence addresses any potential concerns of the impact of the proposed project on the archaeological resources within the project area. Please feel free to call me, or our planning consultant, Bill Moore at 935-0311 if you have any questions or require any additional information on this matter. Sincerely, Christopher L. Lau President • encl. • G,9s9 cc: William L. Moore (w/attachments) • EXHIBIT • e(NJAA+IN J.CAV(TAMO GOV(.vOR OF NAWA I ...CNA(L�.MI-30N.ClW/IIC �,y� �'•. e0Ah0 OF LAND AMO NATURAL A(. T OINTY OIL/CRT COLOMA.AOAAAM J►— se • AOUACULTURE OEVO.OP (. me u STATE OF HAWAII AOUATIC (SOURCEII CONSERVATION AMO • DEPARTMENT OF LAND AND NATURAL RESOURCES EMVIROMM(NTAL AIfA CONSERVATION ANO STATE HISTORIC PRESERVATION DIVISION RESOLRCES ENFORCE/,+ 33 SOUTH KING STREET. 6TH FLOOR COMVEYAMCES HONOLULU. HAWAII 96813 FORESTRY AMO MAIAUFE MISTOIVC PRESERVATION OIVISOM September 3, 1996 LANOMAMAOEitENT IRATE PARKS WATER ANO LANO OEVU OPuE Mr. Joseph Kennedy LOG NO: 17960 r Archaeological Consultants of Hawaii DOC NO: 9608PM25 59-624 Pupukea Road Haleiwa, Hawaii 96712 Dear Mr. Kennedy: SUBJECT: Draft Report: ".-1n Archaeological Inventory Survey Including Subsurface Testing for a Portion of the.4hupua'a of Pahoehoe 3rd Located at. INK: 7-7-08:30 and Adjacent T'WK: 7-7-08:96, North Kona District, Island of Ilaivai'i" (Latinis. Carson and Kennedy 1996) Thank you for your letter of June 7, 1996 and the opportunity to review and comment on the subject report. We believe that the survey of the 14 acre property was adequate, finding a total of 22 sites. The site inventoly background section and site descriptions -- does need revision, however, before we can accept the report. The background section needs reorganization, condensing, and a section on Pahoehoe ahupua'a settlement patterns. The site descriptions lack profile descriptions and drawingsfor most of the test excavations. Detailed recommendations on these points and others needing revision are included in the attachment. Again, please pay attention to condensing the report. We cannot yet agree with the "no longer significant" evaluations for all of the sites in the project area, except the Kuakini Wall (Site 6302). We believe that the blister caves are still significant for their information content. Accordingly, we believe that archeological data recovery of these caves is needed as a mitigation measure. In addition to the fact that none of them have been dated, we believe chat there is still much to be learned about these sites, one of which produced some fairly uncommon bone artifacts. Given the small size of these sites, this mitigation should not be time consuming or costly. } ♦ I J. Kennedy Page 2 We will await the revised report. If you have any questions about our review comments please contact Patrick McCoy (587-0006). Aloha, . 41( BBARD, Administrator State Historic Preservation Division PM:amk Attachment r ••KMAa D.WILSON.N 'da04SN 11/4/AMT I.eAtrTMo � �ca , oe Of IMO MO NATUML/ tow II 0*0t MAwn. ••• r. -44 itt _ O%AN?OO111�0I m a�•• ‘`4•Lz.Zi% A04.04m.T1A10CYaer+ALiel /ROOMAI STATE OF HAWAII • AOwme AIVOIAec1 CON/DWA110M MO DEPARTMENT OF LAND AND NATURAL RESOURCES • ee«uav 1�aoK/41•11u •OTATL MIST014IC PP 5ERVATIOH CNIIIWM 111e04,0481 Doeub40t1 33 SOWN KIM*STREET,STM FLOW; eopVlTAMON HONOLULU,HAWAII 11it3 wKeTTY M IMLOUPI WICK IMO MMAODLWf? • VATS PAM. %ATA MO IMO orvaand September 19, 1996 • Mr. Joseph Kennedy LOG NO: 18085 Archaeological Consultants of Hawaii DOC NO: 9609PM09, 59-624 Pupukea Road Haleiwa, Hawaii 96712 Deer Mr. Kennedy: SUBJIECT: Draft Report: "An Archaeological Inventory Survey Includmtn: Subsurface Testing fors..Portion of the Ahupua'a o f Pahoehoe 3rd Located at 77IX: 7-7-08:30 and Adjacent TMS.• 7-7.08:96,North . . Zona District, Island ofHawaii" " ' (Latinls,,Carson and Kennedy.1996) Thank you fbr your letter of September 6, 1996 regardlitg revisions to the subject report and • proposed interim preservation measures for three cave situ(20834, 20843 and 20844)that you had evaluated as "no longer significant" in the first draft report. • . . • It is our understanding that both you and your client, Towne Development of Hawaii, Inc., now agree with our assessment that the three cave sites are signifieax1t fbr their information content and that before they are destroyed further investigations (data recovery)must be undertaken. It is ouu fbrther understanding, although this is not entirely clear in your letter, that your client would like 1 to proceed with clearing and grubbing of the property fairly soon, but because the preparation and approval of both a Data Recovery Plan and a Data Recovery Report could take some time your . client is seeking our concurrence with a plan to temporarily pre erve the three'sites until the data recovery work has been successfully concluded: • i . 1 As you know, the historic preservation process consists of a number of steps, each one of one which should be completed before moving ch to the next. The request to agree to mitigation treatments before the inventory survey report has been accepted Is thus a departure from the normal procedure. Because the three caves arethe only sites in the project area that have been identified as requiring data recovery we are willing to accomm. date your client. .However, before we will sign off on the County of Hawaii grubbing permit we l need to review and'approve an Interim Preservation Plan for the three'sites. .. • ! . 4 J.Kennedy Page 2 The Interim Preservation Plan can bo short, but it must describe measures that will be adopted to preserve the sites. We recommend a flirty wide buffer aroun each site to ensure that any culture-bearing deposits around the caves are protected. If thee mitigation measures are adopted --interim preservation of Sites 20834, 20843, and 20844 follow d by data recovery work at these sites-- then we believe that the land-alteration work proposed b Towne Development will have "no adverse effect" on significant historic sites. If you have any questions please contact Patrick McCoy(587-4006). Aloha, • DON HIBBARD, Administrator State Historic Preservation Division PM:arnk I BENJAMIN J.CAY'.TANO - KAZU HAYASHIDA GOVERNOR < •^-- DIRECTOR • DEPUTY DIRECTORS + :,• JERRY M.MATSUDA z �� 'Y GLENN M.OKIMOTO STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.7583 HONOLULU, HAWAII 96813-5097 • • October 8, 1996 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: c •Subject: Towne Development of Hawaii, Inc. State Land Use Boundary Amendment(SLU 96-7) Change of Zone (REZ 96-17) TMK: 7-7-8: 30 and 96 Thank you for your transmittal requesting our comments on the subject applications. Our comments are as follows: 1. The applicant should be required to submit a Traffic Impact Analyses Report(TIAR) for our review and approval. The report should address the cumulative impact of the proposed project and other projects planned by the developer in the area. The impacts and required mitigative measures,particularly to Kuakini Highway and projects' access point(s) to our facilities, should be identified. 2. The developer should be responsible for those required transportation improvements attributable to his project; and for his prorata share of required regional roadway improvements. This should be made a condition of the zoning approval. 3. The long range transportation plan for the island of Hawaii includes the widening of Kuakini Highway. The applicant should be required to coordinate setback and right-of-way requirements with our Highways Division. • EXHIBIT 11ii 48 r • Ms. Virginia Goldstein STP 8.7583 Page 2 October 8, 1996 We appreciate the opportunity to provide comments. Very truly yours, 2Y,C,14,1„,A/( 62A,LAcS'D KAZU HAYASHIDA rDirector of Transportation • t WILLIAM L. MOORE PLANNING - 159 HALAI STREET HILO,HAWAII 96720 (808)935-0311/Fax(808)934-0162 November 7, 1996 o ;"'D Kazu Kazu Hayashida Director State of Hawaii Department of Transportation • 869 Punchbowl Street Honolulu, Hawaii 96813-5097 Dear Mr. Hayashida: -� Subject: SLU Boundary Amendment Application(SLU 96-7) Change of Zone Application(REZ 96-17) Towne Development of Hawaii, Inc. Tax Map Key: 7-7-08: 30 and 96 This is to acknowledge receipt of you Letter of October 8, 1996 to the Planning Director regarding the subject State Land Use Boundary Amendment and Change of Zone Applications. For your information, the proposed project is intended to be integrated into the adjacent Keauhou View Estates Subdivision(TMK: 7-7-08: 11). Accordingly, no direct access to any State or County Highways are proposed as part of this approximately 30 unit project. As conditions of approval of the Keauhou View Estates Subdivision, the developer is required to develop an overall circulation plan meeting with the approval of the County and which shall identify the location of major roadway systems within the subject area and stubouts to adjacent properties. We fully expect that a similar condition will be required for this development, ensuring the beginning of the identification of an integrated roadway network through this portion of Kona. With respect to your request for a Traffic Impact Analyses Report (TIAR), the proposed project area is limited to approximately thirty(30)lots without any direct access to a State or County Highway. Consequently, a TIAR was not prepared as part of these applications. However, should a TIAR be required in order to design any intersection improvements required as part of the overall Keauhou View Estates Subdivision, we will be willing to comply. EXHIBIT • Kazu Hayashida, Director November 7, 1996 Page No. 2 • • Please be informed that the developer, Towne Development of Hawaii, Inc. is willing to address its pro rata share on the project's regional roadway impacts through the payment of its fair share contribution for roads. Accordingly, we have no objections to the County's condition requiring that the applicant make a fair share contribution to mitigate potential regional impacts of the subject area. The applicant does not have any objections to setting aside future road right-of-way areas as identified on the County Zone Maps or other adopted plans. Thank you for you comments on this matter. Please call me or Christopher Lau, President of Towne Development of Hawaii, Inc. at (808) 537-5976 if you have any questions on this matter. Sincerely, WaDIMA U/63te William L. Moore cc: Planning Department Towne Development of Hawaii, Inc. -'MAY•`'•. Wayne G.Carvalho • . Police Chief :(, � , ! / Stephen K.Yamashiro _ I' Mayor James S.Correa ••� . • ..- Deputy Police Chief of CP aIIli2Cfg of zC 2Itt C,• POLICE DEPARTMENT vs3en 349 Kapiolani Street • Hilo,Hawaii %720-3998 (808)935-3311 • Fax(808)961-2702 July 22, 1996 • TO : VIRGINIA GOLDSTEIN, PLANNING DIRECTOR FROM • AkiZN E G. CARVALHO, POLICE CHIEF SUBJECT : STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 96-7) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 96-17) REQUEST: UNPLANNED TO RS-15 APPLICANT: TOWNE DEVELOPMENT OF HAWAII, INC. TAX MAP KEY: 7-7-8 :30 AND 96 We have reviewed the State Land Use Boundary Amendment and Change of Zone applications and choose to reserve our comments until detailed ingress/egress street designs are submitted, including information on the following: 1. The number and locations of interchanges proposed on Kuakini Highway and the proposed Alii Highway within the vicinity of the Keauhou View Estates; 2. The configurations and operations of the frontage road system along Kuakini Highway and the proposed Alii Highway in the vicinity of the project site; and 3 . Specific traffic impacts and access requirements for the project site. The additional 30 proposed lots for this project could increase the proposed lots to 404 . A project of this size will have a direct impact on present traffic conditions on Kuakini Highway and police services in the area. Thank you for soliciting our comments on this project. We await the proposed plans before commenting further . ; HWH: lk EXHIBIT �1 "CS N i • WILLIAM L. MooRE PLANNING 159 HALAI STREET HILo,Hawaii 96720 (808)935-0311/Fax(808)934-0162 cP September 2, 1996 Wayne Carvalho, Police Chief County of Hawaii Police Department 349 Kapiolani Street Hilo, Hawaii 96720-3998 Dear Mr. Carvalho: Subject: SLU Boundary Amendment Application(SLU 96-7) Change of Zone Application(REZ 96-17) Towne Development of Hawaii, Inc. Tax Map Key: 7-7-08: 30 and 96 This is to acknowledge receipt of you memorandum of July 22, 1996 to the Planning Director regarding the subject State Land Use Boundary Amendment and Change of Zone Applications, and more specifically, requesting information on the roadway network for this project and the adjacent Keauhou View Estates. Please be informed that condition of approval No. C of Ordinance 96-60, for the Keauhou View Estates project, requires that the applicant shall prepare an overall roadway circulation plan for the entire development of the subject property for review and approval by the director, prior the granting of final subdivision approval for any residential lot with the subject property. The circulation plan shall identify the location of the major roadway systems within the subject property and all stub-outs to properties abutting the north and south boundaries of the subject property. In that the proposed development will be integrated with the Keauhou View Estates roadway network, we expect a similar condition to be placed on this development. In this way, we can work with the County to ensure that a roadway network is developed that addresses the circulation requirements for this region in a manner commensurate with the impacts of this project. • We will work with the Planning Department and the Department of Public Works to ensure your Department is kept informed during the preparation and approval of the circulation network. EXHIBIT e9 - a i • Police Department September 2, 1996 Page No. 2 Thank you for you comments on this matter. Please call me or Christopher Lau, President of Towne Development of Hawaii, Inc. at (808) 537-5976 if you have any questions on this matter. Sincerely, ititlho, 1A,40,&_ William L. Moore cc: Planning Department Towne Development of Hawaii, Inc. Steven Menezes, Menezes, Tsukazaki Yeh&Moore )(Autid erTli Towne Development of Hawaii, Inc. State Land Use Boundary Amendment (15 acres or Less) Agricultural to Urban Pahoehoe 3rd, North Kona, Hawaii Island TMK: 7-7-08: 30 and 96 June 1996 Attachment to C-65/Bill 21 G- 6S 0301 a-1) p • WILLIAM L. MOORE PLANNING 159 HALAI STREET HILO,HAWAII 96720 (808)935-0311/Fax(808)934-0162 June 18, 1996 Virginia Goldstein, Director Hawaii County Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Application Towne Development of Hawaii, Inc. TMK: 7-7-08: 30 and 96 Towne Development of Hawaii, Inc., is requesting a change of zone to Single Family Residential 15,000 square foot (RS-15) for approximately 14.013 acres of land to allow for development of a residential subdivision. The subject area is immediately adjacent to Towne's proposed Keauhou View Estates subdivision which is situated on TMK: 7-7-08: 11. The subject area is presently zoned Uplanned by the County. A State Land Use Boundary Amendment Petition, seeking to amend the State Land Use Agricultural District to an Urban classification, is being filed concurrently with this application. The subject area is within the Special Management Area (SMA). The SMA Use Permit requirements will be complied with, as appropriate. To meet the submittal requirements for this Change of Zone application, enclosed are the following: 1. Original and nineteen copies of the Change of Zone Application, including: a) Completed application form and appropriate questionnaire, b) Location map, and c) Conceptual Development Plan 2. List of allow owners of record of properties within 300 feet of the project boundaries. 3. One full sized copy of the Conceptual Development Plan, f S Virgina Goldstein June 18, 1996 Page No. 2 4. One full size copy of the proposed zoning plan with legal description of the property in map and written form by metes and bounds, as certified by a licensed surveyor. 5. One copy of"An Archaeological Inventory Survey Including Subsurface Testing for a Portion of Ahupua'a of Pahoehoe 3rd, Located at TMK: 7-7-08: 30 and Adjacent TMK: 7-7-08: 96, North Kona District, Island of Hawaii"; Archaeological Consultants of the Pacific, Inc.; June, 1996. 6. One copy of"Biological Reconnaissance - Parcels 7-7-08: 30 and 96, Laaloa, North Kona", Hawaii; Ron Terry, Ph.D.; May 1996 7. Letters from Taiyo Hawaii Company Ltd. and Karen Kobayashi and Katherine Staton authorizing Towne Development of Hawaii, Inc. to rezone/reclassify the subject property. 8. Letter from Towne Development of Hawaii, Inc. appointing William L. Moore as its agent to sign all documents necessary to file and process the applications to rezone/reclassify the subject property. 9. A check in the amount of$100 for the filing fee. Should you have any questions about the information provided with this application, please do call me or Mr. Christopher L. Lau, President of Towne Development of Hawaii, Inc. at 537- 5976. Sincerely, Wakiktt- ts nel'e William L. Moore Enclosures xc: Christopher L. Lau Stephen Menezes • COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Towne Development,of Hawaii, Inc. APPLICANT'S SIGNATURE: WJ&) t-VVllt r"'-' MAILING ADDRESS: 220 South King Street, Suite 680 Honolulu, Hawaii 96813 TELEPHONE: (BUS) (808) 537-5976 (HOME) LANDOWNER: Taiyo Hawaii Company, Ltd and Karen Kobayashi/Katherine Staton LANDOWNERS SIGNATURE: See Attached TAX MAP KEY: 7-7-08: 30 and 96 LAND AREA: 14.013 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum of 2-foot by 3-foot presentation map requested under B.3, above. 0400a PD 2/26/87 • TOWNE DEVELOPMENT OF HAWAII, INC. CHANGE OF ZONE APPLICATION Unplanned (U) to Single Family Residential - 15,000 square foot (RS-15) STATE LAND USE BOUNDARY AMENDMENT (15 Acres or Less) State Land Use Agricultural to Urban Tax Map Key: 7-7-08: 30 and 96 Pahoehoe 3rd, North Kona, Hawaii Island BACKGROUND The applicant, Towne Development of Hawaii, Inc. (Towne) is requesting a Change of Zone for approximately 14.013 acres of land from Unplanned (U) to Residential 15,000 square foot (RS-15) zoned district. It is also seeking to reclassify the subject area from the existing State Land Use Agricultural District to Urban. The proposed project area is bounded by Kuakini Highway on the east and the Great Wall of Kuakini on the west. It is adjacent to the northwest boundary of White Sands Beach Estates and approximately 1/2 mile from Kahaluu Bay. Kailua Village is situated approximately 3.5 miles to the north. It is situated in the ahupuaa of Pahoehoe 3rd, North Kona, Hawaii Island. PROPOSED DEVELOPMENT 1. The applicant is proposing to develop the subject area with approximately thirty (30) 15,000 square foot single family residential lots. 2. The area is immediately adjacent to the proposed Keauhou View Estates subdivision (TMK: 7-7-08: 11) which Towne is in the process of acquiring. This area was originally zoned for Single Family Residential uses in 1983. Towne subsequently requested an amendment to the conditions of approval of this rezoning which was approved by the County on May 22, 1996. 3. The subject area is proposed to be incorporated into this residential subdivision, whereby the road system would be extended to provide access for the proposed lots. The proposed 15,000 square foot residential zoning is consistent with the existing zoning of the adjacent lands on the south, mauka (east) of the proposed Alii Highway. 4. The proposed subdivision would include underground utilities and roadways meeting with the approval of the Department of Public Works. 1 5. Access will be from the applicant's adjacent proposed Keauhou View Estates subdivision. All conditions relating to access, including provision of an alternative access to Alii Drive shall be provided prior to subdivision approval. APPLICANT'S STATEMENT 6. In support of this application, the applicant submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 7. The State Land Use District is Agriculture. 8. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Urban Expansion. 9. The subject property is located within the County's Unplanned (U) zoned district. 10. The property is within the County's Special Management Area. Accordingly, compliance with Rule 9 of the Planning Commission relating to the SMA will be required prior to commencement of any development of the subject area. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 11. The 14.013 acre site is presently used for marginal grazing and is overgrown with vegetation. 12. The project site is situated on the leeward slopes of Hualalai which is a volcano situated on the western coast of Hawaii Island. The project area is a long narrow rectangular area extending 120 to 630 feet above mean sea level. 13. Slopes are moderately steep and fairly uniform, although small cliffs and rock outcrops are also present. The slope of area ranges between 10 to more than 20 percent. 14. Annual rainfall varies along the elevational gradient from about 30 inches at the lowest elevation to approximately 45 inches at Kuakini Highway. 15. Mean annual temperature is approximate 75 degrees Fahrenheit. 16. No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service are present on the parcel, nor are there any unique or valuable wildlife habitats. 2 • 17. Four native plant species (none endemic)were observed within the project area: koali, 'uhaloa, popolo and ilima. None were abundant. The history of continuous disturbance (including decades of cattle grazing) coupled with the lowland context indicated that the property has very little value in terms of conserving native plant species. 18. The original vegetation of the project area was probably Lowland Dry Forest, but the region has been extensively modified by the introduction of Western flora and fauna and cattle grazing. 19. Current vegetation throughout the area is an open forest/shrub land dominate in the tree/shrub layer by opiuma (Pithecellobium dulce), koa haole (Leucaena leucocephala) and klu (Acacia farnesian), and in the understory by grasses, primarily guinea grass (Panicum maximum). 20. In the upper portions of the parcels, guinea grass dominates with little possibility for understory plans, although Sida. sop and air-plant (Kalanchoe pinnata) are present in scattered openings. Several vines, notably balsam pear (Momordia charantia) and hedgehop gourd (Cucumis dipsaceus), are present. 21. The number of common alien species in the vegetation increases at lower elevations due to both decreasing rainfall and the pahoehoe lava type. In this more open vegetation, lantana (Lantana camara), spiney amaranth (Amaranthus spinosus), 'uhaloa (Waitheria indica), false mallow (Malvastrum coromandelieum), and Sida. sop are common. Kiawe (Prosopis pallida) and klu are co-dominant with opiuma and koa haole in the lower portion. 22. No native fauna was observed on the site. Native fauna in such disturbed lowland habitats is not abundant. No forest bird species are associated with these areas because of their low elevation. The two Hawaiian raptors, the Hawaiian hawk or 'io (Buteo solitarius), and the Hawaiian owl or pueo (Asio flammeus sandwichensis), probably make some use of the area. Although the hawk is an endangered species, the subject property is not considered part of its essential habitat. 23. The only have Hawaiian land mammal, the Hawaiian hoary bat (Lasiurus cienereus semotus), may also be present in the area, as it is common in many lowland forest areas on the island. As with the hawk, however, the project area would not be expected to represent essential habitat for the species. 24. Feral cats (Felis catus), rats (Rattus spp.) And mice (Mus musculus domesticus) area also likely to inhabit or utilize the subject area. 3 I 25. An archaeological inventory survey, including subsurface testing was conducted by Archaeological Consultants of the Pacific, Inc. (ACPI). A 100 percent surface survey of the project area was undertaken. 26. A total of eleven (11) sites were identified which were composed of a total of fifteen (15) features. In addition to the above sites, seven (7) previously recorded sites were identified. Six (6) were walls constructed of stacked boulders and cobbles (including the Great Wall of Kuakini), while one site was an agricultural complex composed of fifteen (15) features. 27. Ten (10) of the features were tested for subsurface cultural deposits. Only the three blister calved yielded cultural remains. All other test units and shovel test pits were barren of cultural remains. All mounts and possible platforms were determined to likely be agricultural clearance mounds. The presence of midden and artifactual remains in the blister caves suggest that these caves were utilized as temporary shelters. The lack of features such as living floors, hearths and platforms suggest that the blister caves were not utilized for permanent habitation. 28. The archaeological evidence suggests that this area may have been marginally utilized for limited agricultural production (primarily sweet potato, dryland taro and possibly yam). Agricultural production in this zone of the Kona field system likely did not contribute substantially to subsistence demand in comparison to more productive zones located further inland and at higher elevations where increased precipitation levels allowed more intensive agricultural exploitation. 29. No habitation structure remains, burial sites, lava tubes or religious monuments and features were located on the subject property. 30. Based on the inventory survey and subsequent testing, all of the newly identified sites were found by ACPI to be no longer significant according to review criteria established pursuant to State and Federal policies and regulations. All previously recorded sites which were identified during current investigations, with the exception of the Great Wall of Kuakini, have also been determined to be no longer significant according to State of Hawaii and Federal policies by other consulting agencies. The Great Wall of Kuakini is associated with Governor Kuakini who ordered its construction in the mid-19th century and has been recommended for inclusion into the National Register of Historic Places. 31. ACPI concluded that adequate information has been collected from historic resources located on the subject property following this inventory survey such that additional data recovery is unnecessary in light of (1) previous research 4 i • conducted which details the Kona field system, (2) previous compliance archaeology which detailed adjacent properties, (3) the lack of historic resources located on the subject property which would require additional data recovery or preservation, and (4) the information collected during inventory survey and subsurface testing of the subject area. The only exception is the Great Wall of Kuakini. ACPI recommends that any potentially damaging activity to the portion of the site bordering the subject property be avoided. Preservation of this site has been previously recommended. 32. According to the U.S.D.A., Soil Conservation Service's Soil Survey, soils on the subject parcel consist of Punaluu and Kaimu series. 33. The Kaimu soils, which occupy the upper third of the subject area consist of dark brown extremely stony peat about 3-inches thick over fragmented a'a. Permeability is rapid, runoff is slow and the erosion hazard is slight. The soil capability subclass of these soils is VII. 34. The lower portion of the subject area consists of the Punaluu soils which are thin organic soils over pahoehoe lava bedrock. Rock outcrops occupy 40-50 percent of the surface. Surface soil layers are typically dark to black peat approximate 10 centimeters deep overlaying pahoehoe bedrock. The peat is rapidly permeable while the pahoehoe is very slowly permeable with the exception of cracked areas in which water moves rapidly. Runoff is slow and the erosion hazard is slight. The soil capability subclass is VII. 35. The Land Study Bureau's Overall Master Productivity Rating system classifies the soils of the mauka (eastern) portion of the subject area as "D" or poor while the makai portions are classified as "E" or very poor. 36. The mauka (eastern) portion of the subject area is designed as "other important agricultural land" by the Agricultural Lands of Importance to Hawaii. These lands include lands other than "prime" or"unique" agricultural lands that is also of statewide or local importance for agricultural use. 37. There are no known streams or drainage ways within the project area. The Flood Insurance Rate Map (FIRM) classifies the subject property as Zone "X" (areas determined to be outside the 500-year flood plain). The Kaumalumalu floodway is situated to the north of the subject area. 38. Adjacent to the property is Towne's proposed Keauhou View Estates subdivision which is proposed to be developed in accordance with the requirements of Ordinance No. 96-60. This area is within the State Land Use Urban district and is zoned for Single Family Residential-7,500 square foot (RS-7.5) and 15,000 square foot (RS-15) uses. 5 R 39. The White Sands Estates Subdivision is situated makai of the project area. This area is zoned for Single Family Residential uses as is the area along Alii Drive. The Keauhou resort area is situated approximately 1/2 mile to the south. 40. The area immediately to the north is zoned for Multiple Family Residential-3,500 square foot (RM-3.5) and Single Family Residential 7,500 square foot (RS-7.5). This area was rezoned in 1994 by Ordinance No. 94-124. PUBLIC FACILITIES AND UTILITIES 41. Access to the subject area will be via subdivision roadways from the adjacent Keauhou View Estates Subdivision. Conditions of approval for this development require that a new access, other than by way of Alii Drive be provided prior to final subdivision approval of any lot. It also requires the development of an overall roadway circulation plan meeting with the approval of the County and which shall identify the location of major roadway systems within the subject area and stubouts to adjacent properties. 42. Wastewater disposal will be available via the County's Kealakehe Wastewater Treatment facility. An 8-inch sewer line is in the process of being installed along Alii Drive. The anticipated availability of sewer service in this area will be upon completion of the Magic Sands sewer pump station which is scheduled for completion in 1998. 43. Water service is available to the subject area from existing 12-inch and 24-inch waterlines along Kuakini Highway. 44. Police and fire protection are available from the Kealakehe Station and Kailua- Kona Station respectively. 6 t I i 4L , v 1,,fat u . , t r ii' _,.,,,,,_,, i „,„ 0 . k I ..., ii i , 1 koz .311 Lie ! )1 /Aeft." .41las . 0 4-1 ' . , bj4g fisio , ,, ,, u iti . . E. k4117 1 7.- 141 _, . N isi) ilQ ` ` 1`` 0, 0 , 1�1��I •sem_._ trt 1t sssa 111110rilliiiilli• �i* _ nlooe Ka 7+rd ailta,s�ssss• t...co' =Ft / 4* ..1 1 .iv . • 0 . • 7 ' d Y Q ITI Q ' (c.Q \.. nsKas:v.�. .� .e f J i ` ! ..e --'-• lik, ;Y NI ` ,a 3 Si 4110 0411 � 4t" cRi .10 ZNik 3 / ®Scale: 1"=2,000' LOCATION MAP Towne Development of Hawaii, Inc. Proposed Change of Zone(U to RS-15) and State Land Use Boundary Amendment(Agricultural to Urban) Pahoehoe 3rd,North Kona, Hawaii Island TMK: 7-7-08: 30 and 96 o .i . 1 t , re' I;INNE )10. SZALE I-200' ...... t FE 41 • \ 11:.. , _------- \ c------ f-------- .! -' \,,,„. , Ell _...- 0 , .,:. . ...: ... ,-- .. , 4 . P .,\''k, P • ,\\ -1, \\ r______. co - (.4--------...---------1 ...,0 \ 4, \iniiii oR \\ SV1 (;:•")- \\ \ ------IM "); , _... 0 d'r --, Asfor4 __., \\ . ,, \\ \ 7\\.) , ilk , 111 \\ kN ---N- ,,, Ni , , • .. • .. .1 ••., , \\ tl •,••) ( %/ NJ 0 , N. Ii Z 4. 2 \\ ., R i, 0 . . ill rr, x \__----- ----- R'51 =I 111 . , --------- 1 -r-------- 1 ,,,„„0,,,• TOWNE DEVELOPMENT Irn Okahara 60. EIN00.*ORAwINGS 'NO. .71 NNI ON A REVISIeN s l>1 1 8 1 REZONING EXHIBIT Associates Inc. . 4,.. TMK 7:7:08 30 AND 96 ? CONSULTING ENGINEERS - A c• (.., A JUNE 17, 1996 200 SENDLA STREET *000 NNITZ PIIN SURE 2I2 A MO MIN 06220 NENOLLILU 00000 NSW A ____, 4. , • a M STATE LAND USE BOUNDARY AMENDMENT (15 Acres or Less) APPLICANT'S STATEMENT: Towne Development of Hawaii, Inc. State Land Use Agricultural to Urban Tax Map Key: 7-7-08: 30 and 96 Pahoehoe 3rd, North Kona, Hawaii Island Project Description and Ownership The applicant, Towne Development of Hawaii, Inc. (Towne) is proposing to develop a residential subdivision within the project area. Towne is a wholly owned subsidiary of Towne Realty, Inc. which is based in Milwaukee, Wisconsin. Towne has been developing property in Hawaii since the 1970's and has been involved in developing properties on Hawaii island since the mid 1980's. Projects include The Shores at Waikoloa, Bay Club at Waikoloa, Sunset Ridge at Waikoloa and the Elima Lani apartment project in Waikoloa Village. A portion of the project site (TMK: 7-7-08: 30) is presently owned by Taiyo Hawaii Company, Ltd. Towne has entered into an agreement with Taiyo to purchase this property. The remainder of the project site (TMK: 7-7-08: 96) is owned by the Kobayashi family. Towne has entered into an agreement with the Kobayashi's to rezoned and develop this area for residential purposes. The Kobayashi family would then retain a portion of the improved project site. Towne is proposing to develop the subject area for residential purposes. The project area is adjacent to and will be incorporated as part of Towne's proposed Keauhou View Estates subdivision (TMK: 7-7-08: 11.) A total of approximately thirty (30) 15,000 square foot lots will be developed as a result of this action. This is in addition to the existing Keauhou Estates Subdivision area which will be developed with up to 374 RS- 7.5 and RS-15 lots. The residential development is proposed to be targeted to residents of the Kailua-Kona area and will be priced consistent with adjacent developments. These lots are currently expected to be sold between $100,000 and $150,000, depending on the views and amenities. The proposed subdivision would include underground utilities and roadways meeting with the approval of the Department of Public Works. Access will be from the applicant's adjacent proposed Keauhou View Estates subdivision. All conditions relating to access, including provision of an alternative access to Alii Drive shall be provided prior to subdivision approval. Planning and engineering work for the proposed residential subdivision is proposed to commence upon approval of this request. Depending on market conditions, residential products should be available for purchase by in 1998. 1 I Q JUSTIFICATION The applicant believes the proposed reclassification of land from the State Land Use Agricultural to the Urban land use district is consistent with the Hawaii County General Plan and the applicable State Land Use Urban District Standards. Consistency with the Hawaii County General Plan The General Plan Land Use Pattern Allocation Guide map designates the subject area for Urban Expansion. Such designation allows for a mix of high density, medium density, low density, industrial and/or open designation in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The General Plan Support Document's Land Use Element further identifies the Kailua- Keauhou area as an "Urban Center" for the North Kona District. The subject area falls within this area. The applicant believes the proposed change of zone would be consistent with the General Plan Housing goals of providing a variety of housing choices as well as attaining a diversity of socio-economic housing mix within the Kailua to Keauhou area. By allowing the proposed development, the following Housing goals of the General Plan may be attained: o Maintain a housing supply which allows a variety of choice. o Improve and maintain the quality and affordability of the existing housing stock. o The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. The applicant believes that the proposed development is consistent with the Single Family Residential Element which states: o Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural and physical environments of the County. o To maximize choices of single-family residential lots and/or housing for residents of the County. o To ensure compatible uses within and adjacent to single-family residential zoned areas. o To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. o The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and stated goals, policies, and standards. o Areas shall have basic improvements and amenities necessary for 2 i ` immediate use. o Areas shall be limited to low-density and medium density residential uses. The Single Family Residential Courses of Action for the North Kona District "shall encourage the concentration of residential structures to avoid strip residential development." The applicant believes the project is conveniently located to schools, recreation, commercial areas, and employment centers. The proposed is an area that is targeted for residential development by the County. The areas immediately to the north and south have been zoned for residential uses. It is within close proximity of the Keauhou Major Resort Destination Area as well as the Kailua-Kona urban area. All essential utilities are or will be available to the subject property. The applicant recognizes its development will impact regional infrastructure facilities and improvements, including roads, parks, police and fire facilities and solid waste disposal. Therefore, it is willing to pay its "fair share" towards these facilities in accordance with current County policies. A portion of the subject property is identified as "Other Important Agricultural Lands" by the Department of Agriculture's ALISH maps. These lands are classified by the Land Study Bureau's Overall Master Productively Rating System as "C" or poor. The area is presently used as marginal grazing for cattle. However, because of the poor soils and low rainfall, the agricultural productivity is very poor. Furthermore, these lands have been identified for Urban Expansion by the General Plan's LUPAG map. Therefore, the applicant believes the proposed zoning will not result in a loss of a valuable agricultural resource. Furthermore, the long term conversion of these land to urban uses will not significantly reduce the overall productivity of the Island's and State's agricultural industry. Consistency with State Land Use Law The applicant believes the proposed reclassification is consistent with the State's land use law, Chapter 205, Hawaii Revised Statutes (HRS). Section 205-2(a) (1), HRS provides that urban district shall include lands which were in urban use at the time of the statute's enactment and "...a sufficient reserve area for foreseeable urban growth...". The subject area is a portion of the Kailua to Keauhou area which has been identified as a major urban center by the Hawaii County General Plan. The proposed reclassification is in keeping with the overall pattern of current and proposed growth. The subject area can be characterized by "city-like" concentrations of people, structures, streets, urban level of services, and other related uses. The subject area is immediate adjacent to areas which have been zoned for multiple-family and single family residential uses. 3 The subject area is within 1/2 mile of the Keauhou Major Resort Destination Area which is a major employment center in the North Kona District. It is also in close proximity to the Kailua-Kona area which is regional service center for the West Hawaii area. The project area and surrounding lands are well served by basic infrastructure and governmental services. A new sewer line is presently under construction and the County is proceeding with the planning and design for the Alii Highway improvements. Other necessary utilities are available to the project area, including water, electricity, telephone and cable television. The project area is surrounded by existing SLU Urban classified lands, including the areas immediately to the north and south. Other urban areas include the residential areas along Alii Drive and the Keauhou Resort Destination Area to the south. The project area is reasonable free from environmental hazards such as flooding, unstable soil and other adverse environment effects. Portions of the project area are relatively steep, exceeding 20 percent in slope in some areas. However, it is similar in character to the surrounding areas and will be developed consistent with applicable regulations and requirements. 4 \ C971 i(tet Towne Development of Hawaii, Inc. Change of Zone Application Unplanned (U) to Single Family Residential (RS-15) Pahoehoe 3rd, North Kona, Hawaii Island TMK: 7-7-08: 30 and 96 June 1996 Attachment to C-65/Bill 22 C- la S CO, 1/ aa\) 4 WILLIAM L. MOORE PLANNING 159 HALAI STREET HILO,HAWAII 96720 (808)935-0311/Fax(808)934-0162 June 18, 1996 Virginia Goldstein, Director Hawaii County Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: State Land Use Boundary Amendment Application Towne Development of Hawaii, Inc. TMK: 7-7-08: 30 and 96 Towne Development of Hawaii, Inc., is requesting to amend the State Land Use District Boundary from Agricultural to Urban. The subject area is approximately 14.013 acres is size and is immediately adjacent to Towne's proposed Keauhou View Estates subdivision which is situated on TMK: 7-7-08: 11. A Change of Zone Application, seeking to rezone the subject area from Unplanned (U) to Single Family Residential 15,000 square foot (RS-15) zoned district, is being filed concurrently with this application. The subject area is within the Special Management Area (SMA). The SMA Use Permit requirements will be complied with, as appropriate. To meet the submittal requirements for State Land Use Boundary Amendment application, enclosed are the following: 1. Original and nineteen copies of the State Land Use Boundary Amendment Application, including: a) Completed application form, b) Location map, and c) Conceptual Development Plan d) Project description and reasons for the requested change 2. List of allow owners of record of properties within 300 feet of the project boundaries. 3. One copy of the full-sized plans 6 Virgina Goldstein June 18, 1996 Page No. 2 4. One copy of"An Archaeological Inventory Survey Including Subsurface Testing for a Portion of Ahupua'a of Pahoehoe 3rd, Located at TMK: 7-7-08: 30 and Adjacent TMK: 7-7-08: 96, North Kona District, Island of Hawaii"; Archaeological Consultants of the Pacific, Inc.; June, 1996. 5. One copy of "Biological Reconnaissance - Parcels 7-7-08: 30 and 96, Laaloa, North Kona", Hawaii; Ron Terry, Ph.D.; May 1996 6. Letters from Taiyo Hawaii Company Ltd. and Karen Kobayashi and Katherine Staton authorizing Towne Development of Hawaii, Inc. to rezone/reclassify the subject property. 7. Letter from Towne Development of Hawaii, Inc. appointing William L. Moore as its agent to sign all documents necessary to file and process the applications to rezone/reclassify the subject property. 8. A check in the amount of$200 for the filing fee. Should you have any questions about the information provided with this application, please do call me or Mr. Christopher L. Lau, President of Towne Development of Hawaii, Inc. at 537- 5976. Sincerely, Lai 0/6ii\C2- William L. Moore Enclosures xc: Christopher L. Lau Stephen Menezes I El APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Towne Development of Hawaii, Inc. q� APPLICANT'S SIGNATURE: I14-Y L6 hpChristopher L.Lau,President ADDRESS: 220 South King Street, Suite 680 Honolulu, Hawaii 96813 LIST APPLICANT'S INTEREST IF NOT OWNER: Purchaser/Developer LIST PRINCIPAL(S) INCLUDE NAMES OF MAIN OFFICERS: Christopher L. Lau, President; Gerald Stein, Executive Vice President; Stephan J. Chevalier, Treasurer, James B. Young, Vice President/Secretary TELEPHONE-BUSINESS: (808) 537-5976 FACSIMILE: (808) 523-1095 REQUEST: Unplanned TO Residential-15,000 Square Feet (RS-15) (Existing Zoning) (Proposed Zoning) TAX MAP KEY: 7-7-08: 30 and 96 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.013 Acres LANDOWNER(S): Taiyo Hawaii Company, Ltd. and Karen Kobayashi/Katherine Staton OWNER'S SIGNATURE: See attached DATE: (May be by letter) AGENT: William L. Moore Stephen Menezes ADDRESS: William L. Moore Planning Menezes Tsukazaki Yeh & Moore 159 Halai Street 100 Pauahi Street, Suite 204 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TELEPHONE-BUSINESS: (808) 935-0311 FACSIMILE: (808) 934-0162 Please indicate to whom original correspondence should be sent. ORIGINAL: Christopher Lau COPIES: William L. Moore and Stephen Menezes 4 /4/ THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY: 1 . 20 copies of the completed application form. 2 . 20 copies of a location map. 3 . 20 copies of a site plan drawn to scale with existing and proposed uses (e.g. , structures, topography, proposed subdivision) . 4. 20 copies of a detailed written explanation of the reasons for requesting the change of zone. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action ( if applicable) of the General Plan document . Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department . ) 5 . 20 copies of supporting information/documents ( i .e . , marketing analysis, traffic impact analysis report, archaeological inventory survey, preliminary drainage study, floral and faunal surveys) . 6 . 20 copies of appropriate Departmental Zoning Questionnaire. 7 . $100 .00 processing fee. 8. One copy of full-size ( 2 ' x 3 ' ) site plan drawn to scale for presentation purposes. Site plan must include property lines, existing/proposed structures and uses and reference points such as roadways, shoreline, etc. 9 . Legal description of the property in map and written form by metes and bounds as certified by a surveyor . 10 . List of tax map keys of surrounding property within 300 feet of the entire property boundaries. It is the applicant ' s responsibility to obtain the most recent list of landowners/long-term lessees from the Real Property Tax Office upon being notified of the public hearing. The submittal of an incomplete application will delay official acceptance by the Department . Furthermore, additional information may be requested by consulted agencies through the Department during the course of the review process. P.D. 5/91 1730q -2- •ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 14.013 Acres b. Into what lot sizes? 15,000 s.f. 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? Within 1 Year d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate prices range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. r 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other(please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By providing additional residential lots for housing in the Kailua-Kona to Keauhou region of the Island of Hawaii. 4. Are there any buildings on the subject area? No If so, what kind? What so you intend to do with those buildings if your request is approved? -2- • 5. Is 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. A portion of the subject area is being use for marginal cattle grazing. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem? 7. Do you think that the roads leading to the subject area needs improvement? Yes If so, what kind? Access to the project area will be provided through the Applicant's proposed Keauhou View Estates subdivision (TMK: (3) 7-7-08: 11), which is immediately to the north. Is the road adequate for the proposed traffic volume or load? Yes 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subjects area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X e. Police Protection X -3- 'b . Yes No f. Fire Protection X g. Recreational Facilities X h. Public Utilities X I. Other X For those checked"yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: IA!I ` AO" U1/—Christopher L.Lau,President Address: Towne Development of Hawaii 220 South King Street, Suite 680 Honolulu, Hawaii 96813 Telephone: (808) 537-5976 Date: June 17, 1996 6337A/50A P.D. 5/84 -4- 0 TOWNE DEVELOPMENT OF HAWAII, INC. CHANGE OF ZONE APPLICATION Unplanned (U) to Single Family Residential - 15,000 square foot (RS-15) STATE LAND USE BOUNDARY AMENDMENT (15 Acres or Less) State Land Use Agricultural to Urban Tax Map Key: 7-7-08: 30 and 96 Pahoehoe 3rd, North Kona, Hawaii Island BACKGROUND The applicant, Towne Development of Hawaii, Inc. (Towne) is requesting a Change of Zone for approximately 14.013 acres of land from Unplanned (U) to Residential 15,000 square foot (RS-15) zoned district. It is also seeking to reclassify the subject area from the existing State Land Use Agricultural District to Urban. The proposed project area is bounded by Kuakini Highway on the east and the Great Wall of Kuakini on the west. It is adjacent to the northwest boundary of White Sands Beach Estates and approximately 1/2 mile from Kahaluu Bay. Kailua Village is situated approximately 3.5 miles to the north. It is situated in the ahupuaa of Pahoehoe 3rd, North Kona, Hawaii Island. PROPOSED DEVELOPMENT 1. The applicant is proposing to develop the subject area with approximately thirty (30) 15,000 square foot single family residential lots. 2. The area is immediately adjacent to the proposed Keauhou View Estates subdivision (TMK: 7-7-08: 11) which Towne is in the process of acquiring. This area was originally zoned for Single Family Residential uses in 1983. Towne subsequently requested an amendment to the conditions of approval of this rezoning which was approved by the County on May 22, 1996. 3. The subject area is proposed to be incorporated into this residential subdivision, whereby the road system would be extended to provide access for the proposed lots. The proposed 15,000 square foot residential zoning is consistent with the existing zoning of the adjacent lands on the south, mauka (east) of the proposed Alii Highway. 4. The proposed subdivision would include underground utilities and roadways meeting with the approval of the Department of Public Works. 1 a 5. Access will be from the applicant's adjacent proposed Keauhou View Estates subdivision. All conditions relating to access, including provision of an alternative access to Alii Drive shall be provided prior to subdivision approval. APPLICANT'S STATEMENT 6. In support of this application, the applicant submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 7. The State Land Use District is Agriculture. 8. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Urban Expansion. 9. The subject property is located within the County's Unplanned (U) zoned district. 10. The property is within the County's Special Management Area. Accordingly, compliance with Rule 9 of the Planning Commission relating to the SMA will be required prior to commencement of any development of the subject area. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 11. The 14.013 acre site is presently used for marginal grazing and is overgrown with vegetation. 12. The project site is situated on the leeward slopes of Hualalai which is a volcano situated on the western coast of Hawaii Island. The project area is a long narrow rectangular area extending 120 to 630 feet above mean sea level. 13. Slopes are moderately steep and fairly uniform, although small cliffs and rock outcrops are also present. The slope of area ranges between 10 to more than 20 percent. 14. Annual rainfall varies along the elevational gradient from about 30 inches at the lowest elevation to approximately 45 inches at Kuakini Highway. 15. Mean annual temperature is approximate 75 degrees Fahrenheit. 16. No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service are present on the parcel, nor are there any unique or valuable wildlife habitats. 2 • . 17. Four native plant species (none endemic) were observed within the project area: koali, `uhaloa, popolo and ilima. None were abundant. The history of continuous disturbance (including decades of cattle grazing) coupled with the lowland context indicated that the property has very little value in terms of conserving native plant species. 18. The original vegetation of the project area was probably Lowland Dry Forest, but the region has been extensively modified by the introduction of Western flora and fauna and cattle grazing. 19. Current vegetation throughout the area is an open forest/shrub land dominate in the tree/shrub layer by opiuma (Pithecellobium dulce), koa haole (Leucaena leucocephala) and klu (Acacia farnesian), and in the understory by grasses, primarily guinea grass (Panicum maximum). 20. In the upper portions of the parcels, guinea grass dominates with little possibility for understory plans, although Sida. spp and air-plant (Kalanchoe pinnata) are present in scattered openings. Several vines, notably balsam pear (Momordia charantia) and hedgehop gourd (Cucumis dipsaceus), are present. 21. The number of common alien species in the vegetation increases at lower elevations due to both decreasing rainfall and the pahoehoe lava type. In this more open vegetation, lantana (Lantana camara), spiney amaranth (Amaranthus spinosus), `uhaloa (Waltheria indica), false mallow (Malvastrum coromandelieum), and Sida. spp are common. Kiawe (Prosopis pallida) and klu are co-dominant with opiuma and koa haole in the lower portion. 22. No native fauna was observed on the site. Native fauna in such disturbed lowland habitats is not abundant. No forest bird species are associated with these areas because of their low elevation. The two Hawaiian raptors, the Hawaiian hawk or lo (Buteo solitarius), and the Hawaiian owl or pueo (Asio flammeus sandwichensis), probably make some use of the area. Although the hawk is an endangered species, the subject property is not considered part of its essential habitat. 23. The only have Hawaiian land mammal, the Hawaiian hoary bat (Lasiurus cienereus semotus), may also be present in the area, as it is common in many lowland forest areas on the island. As with the hawk, however, the project area would not be expected to represent essential habitat for the species. 24. Feral cats (Felis catus), rats (Rattus spp.) And mice (Mus musculus domesticus) area also likely to inhabit or utilize the subject area. 3 • 25. An archaeological inventory survey, including subsurface testing was conducted by Archaeological Consultants of the Pacific, Inc. (ACPI). A 100 percent surface survey of the project area was undertaken. 26. A total of eleven (11) sites were identified which were composed of a total of fifteen (15) features. In addition to the above sites, seven (7) previously recorded sites were identified. Six (6) were walls constructed of stacked boulders and cobbles (including the Great Wall of Kuakini), while one site was an agricultural complex composed of fifteen (15) features. 27. Ten (10) of the features were tested for subsurface cultural deposits. Only the three blister calved yielded cultural remains. All other test units and shovel test pits were barren of cultural remains. All mounts and possible platforms were determined to likely be agricultural clearance mounds. The presence of midden and artifactual remains in the blister caves suggest that these caves were utilized as temporary shelters. The lack of features such as living floors, hearths and platforms suggest that the blister caves were not utilized for permanent habitation. 28. The archaeological evidence suggests that this area may have been marginally utilized for limited agricultural production (primarily sweet potato, dryland taro and possibly yam). Agricultural production in this zone of the Kona field system likely did not contribute substantially to subsistence demand in comparison to more productive zones located further inland and at higher elevations where increased precipitation levels allowed more intensive agricultural exploitation. 29. No habitation structure remains, burial sites, lava tubes or religious monuments and features were located on the subject property. 30. Based on the inventory survey and subsequent testing, all of the newly identified sites were found by ACPI to be no longer significant according to review criteria established pursuant to State and Federal policies and regulations. All previously recorded sites which were identified during current investigations, with the exception of the Great Wall of Kuakini, have also been determined to be no longer significant according to State of Hawaii and Federal policies by other consulting agencies. The Great Wall of Kuakini is associated with Governor Kuakini who ordered its construction in the mid-19th century and has been recommended for inclusion into the National Register of Historic Places. 31. ACPI concluded that adequate information has been collected from historic resources located on the subject property following this inventory survey such that additional data recovery is unnecessary in light of (1) previous research 4 conducted which details the Kona field system, (2) previous compliance archaeology which detailed adjacent properties, (3) the lack of historic resources located on the subject property which would require additional data recovery or preservation, and (4) the information collected during inventory survey and subsurface testing of the subject area. The only exception is the Great Wall of Kuakini. ACPI recommends that any potentially damaging activity to the portion of the site bordering the subject property be avoided. Preservation of this site has been previously recommended. 32. According to the U.S.D.A., Soil Conservation Service's Soil Survey, soils on the subject parcel consist of Punaluu and Kaimu series. 33. The Kaimu soils, which occupy the upper third of the subject area consist of dark brown extremely stony peat about 3-inches thick over fragmented a'a. Permeability is rapid, runoff is slow and the erosion hazard is slight. The soil capability subclass of these soils is VII. 34. The lower portion of the subject area consists of the Punaluu soils which are thin organic soils over pahoehoe lava bedrock. Rock outcrops occupy 40-50 percent of the surface. Surface soil layers are typically dark to black peat approximate 10 centimeters deep overlaying pahoehoe bedrock. The peat is rapidly permeable while the pahoehoe is very slowly permeable with the exception of cracked areas in which water moves rapidly. Runoff is slow and the erosion hazard is slight. The soil capability subclass is VII. 35. The Land Study Bureau's Overall Master Productivity Rating system classifies the soils of the mauka (eastern) portion of the subject area as "D" or poor while the makai portions are classified as "E" or very poor. 36. The mauka (eastern) portion of the subject area is designed as "other important agricultural land" by the Agricultural Lands of Importance to Hawaii. These lands include lands other than "prime" or"unique" agricultural lands that is also of statewide or local importance for agricultural use. 37. There are no known streams or drainage ways within the project area. The Flood Insurance Rate Map (FIRM) classifies the subject property as Zone "X" (areas determined to be outside the 500-year flood plain). The Kaumalumalu floodway is situated to the north of the subject area. 38. Adjacent to the property is Towne's proposed Keauhou View Estates subdivision which is proposed to be developed in accordance with the requirements of Ordinance No. 96-60. This area is within the State Land Use Urban district and is zoned for Single Family Residential-7,500 square foot (RS-7.5) and 15,000 square foot (RS-15) uses. 5 39. The White Sands Estates Subdivision is situated makai of the project area. This area is zoned for Single Family Residential uses as is the area along Alii Drive. The Keauhou resort area is situated approximately 1/2 mile to the south. 40. The area immediately to the north is zoned for Multiple Family Residential-3,500 square foot (RM-3.5) and Single Family Residential 7,500 square foot (RS-7.5). This area was rezoned in 1994 by Ordinance No. 94-124. PUBLIC FACILITIES AND UTILITIES 41. Access to the subject area will be via subdivision roadways from the adjacent Keauhou View Estates Subdivision. Conditions of approval for this development require that a new access, other than by way of Alii Drive be provided prior to final subdivision approval of any lot. It also requires the development of an overall roadway circulation plan meeting with the approval of the County and which shall identify the location of major roadway systems within the subject area and stubouts to adjacent properties. 42. Wastewater disposal will be available via the County's Kealakehe Wastewater Treatment facility. An 8-inch sewer line is in the process of being installed along Alii Drive. The anticipated availability of sewer service in this area will be upon completion of the Magic Sands sewer pump station which is scheduled for completion in 1998. 43. Water service is available to the subject area from existing 12-inch and 24-inch waterlines along Kuakini Highway. 44. Police and fire protection are available from the Kealakehe Station and Kailua- Kona Station respectively. 6 4 ti8Inn iiill v IP fnA0 Vey u1p J it I "42,# Vi, a vilk - �- I ; II.1,t ' ao•,.f0v ,o . • s iif1 1 ! ,_'r l1111111 _ ►.11 •J4f :NI 1 11 i P 'T q • , , i11 ttlb r , 1 Lila z.. "" 1�., filifth v (,,, it 'i z( v 1 2 - 4,11"0.11 IN ' Lif ,_ %I 1 % q il , ' ___I. . ? - as— r` _- . err, 60110110____ ._,�cue =.�_.� _� geltrillig-in1010111115°jell.); 'ire _ .i: Q C *tea yen r..e 1...10•11 4. '") Ill I : 1.) 1 Q. \ . I • I l Q 1:, •• r Q arkt I "4 VI it , k I s •4% ) 1 ! .oi.b 1ito e o4 f NI .�* I�r 3 Isidk,_ . il„,. ...41.„7- 1 ......„ c 4). ...„,v______- -"la— Iii,iiti 0":00.....pri:IP V 40, 4, I ye 11 tie 3 No i 3 Z 1 t i Scale: 1"=2,000' (4 _ LOCATION MAP Towne Development of Hawaii, Inc. Proposed Change of Zone(U to RS-15) and State Land Use Boundary Amendment (Agricultural to Urban) Pahoehoe 3rd, North Kona, Hawaii Island TMK: 7-7-08: 30 and 96 • i — a t - 7.1. . >— I ( t • r \--,---,---- \. I � ti V. / \\ \ _.- 1,( -- iPtil ,,3 --------":jC'• _;------ / 4111 t • 9a `\ \ \\ i c o Itl A V in. A 1\ , w _ o » V \ n \\\ )\ _\ . c ( \� C 11 1 \ \\ \ \ , /; v \\,,, \ ✓- S6 `moi( 1� i m \\ \\ % l '1 ,� '4<s N Ig' 2 V,' z \�- o >.----->::....° oo ab hi — l —'7 .. .:C , PERM.mums . WI OWN CM REMO. - Okahara S�. i TOWNE DEVELOPMENT o ? n = D a PEZONING EXHIBIT Associates Inc. _ a �a 1 a a _ T1aK. 7:7:08 30 AND 96 6LFuLTIVI0 ENGINEERS - A .�ticu swrr Sort:,• A ° Q,., JUPIE 17. 1996 - Ir 0*I a�"..w.0 -ai s ' CHANGE OF ZONE APPLICATION APPLICANT'S STATEMENT: Towne Development of Hawaii, Inc. Unplanned (U) to Single Family Residential - 15,000 square foot (RS-15) Tax Map Key: 7-7-08: 30 and 96 Pahoehoe 3rd, North Kona, Hawaii Island Project Description and Ownership The applicant, Towne Development of Hawaii, Inc. (Towne) is proposing to develop a residential subdivision within the project area. Towne is a wholly owned subsidiary of Towne Realty, Inc. which is based in Milwaukee, Wisconsin. Towne has been developing property in Hawaii since the 1970's and has been involved in developing properties on Hawaii island since the mid 1980's. Projects include The Shores at Waikoloa, Bay Club at Waikoloa, Sunset Ridge at Waikoloa and the Elima Lani apartment project in Waikoloa Village. A portion of the project site (TMK: 7-7-08: 30) is presently owned by Taiyo Hawaii Company, Ltd. Towne has entered into an agreement with Taiyo to purchase this property. The remainder of the project site (TMK: 7-7-08: 96) is owned by the Kobayashi family. Towne has entered into an agreement with the Kobayashi's to rezoned and develop this area for residential purposes. The Kobayashi family would then retain a portion of the improved project site. Towne is proposing to develop the subject area for residential purposes. The project area is adjacent to and will be incorporated as part of Towne's proposed Keauhou View Estates subdivision (TMK: 7-7-08: 11.) A total of approximately thirty (30) 15,000 square foot lots will be developed as a result of this action. This is in addition to the existing Keauhou Estates Subdivision area which will be developed with up to 374 RS- 7.5 and RS-15 lots. The residential development is proposed to be targeted to residents of the Kailua-Kona area and will be priced consistent with adjacent developments. These lots are currently expected to be sold between $100,000 and $150,000, depending on the views and amenities. The proposed subdivision would include underground utilities and roadways meeting with the approval of the Department of Public Works. Access will be from the applicant's adjacent proposed Keauhou View Estates subdivision. All conditions relating to access, including provision of an alternative access to Alii Drive shall be provided prior to subdivision approval. Planning and engineering work for the proposed residential subdivision is proposed to commence upon approval of this request. Depending on market conditions, residential products should be available for purchase by in 1998. 1 4 JUSTIFICATION The applicant believes the proposed change of zone is consistent with the General Plan Land Use Pattern Allocation Guide map which designates the subject area for Urban Expansion. Such designation allows for a mix of high density, medium density, low density, industrial and/or open designation in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The General Plan Support Document's Land Use Element further identifies the Kailua- Keauhou area as an "Urban Center" for the North Kona District. The subject area falls within this area. The applicant believes the proposed change of zone would be consistent with the General Plan Housing goals of providing a variety of housing choices as well as attaining a diversity of socio-economic housing mix within the Kailua to Keauhou area. By allowing the proposed development, the following Housing goals of the General Plan may be attained: o Maintain a housing supply which allows a variety of choice. o Improve and maintain the quality and affordability of the existing housing stock. o The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. The applicant believes that the proposed development is consistent with the Single Family Residential Element which states: o Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural and physical environments of the County. o To maximize choices of single-family residential lots and/or housing for residents of the County. o To ensure compatible uses within and adjacent to single-family residential zoned areas. o To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. o The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and stated goals, policies, and standards. o Areas shall have basic improvements and amenities necessary for immediate use. o Areas shall be limited to low-density and medium density residential uses. The Single Family Residential Courses of Action for the North Kona District "shall 2 T ' r t• encourage the concentration of residential structures to avoid strip residential development." The applicant believes the project is conveniently located to schools, recreation, commercial areas, and employment centers. The proposed is an area that is targeted for residential development by the County. The areas immediately to the north and south have been zoned for residential uses. It is within close proximity of the Keauhou Major Resort Destination Area as well as the Kailua-Kona urban area. All essential utilities are or will be available to the subject property. The applicant recognizes its development will impact regional infrastructure facilities and improvements, including roads, parks, police and fire facilities and solid waste disposal. Therefore, it is willing to pay its "fair share" towards these facilities in accordance with current County policies. A portion of the subject property is identified as "Other Important Agricultural Lands" by the Department of Agriculture's ALISH maps. These lands are classified by the Land Study Bureau's Overall Master Productively Rating System as "C" or poor. The area is presently used as marginal grazing for cattle. However, because of the poor soils and low rainfall, the agricultural productivity is very poor. Furthermore, these lands have been identified for Urban Expansion by the General Plan's LUPAG map. Therefore, the applicant believes the proposed zoning will not result in a loss of a valuable agricultural resource. Furthermore, the long term conversion of these land to urban uses will not significantly reduce the overall productivity of the Island's and State's agricultural industry. 3