HomeMy WebLinkAboutCOM 0063.000 1996-1998 tr,gr
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w William G. Davis
Managing Dirutor
Stephen K. Yamashiro
Mayor Henry Cho
~R,e,~~'~~r Deputy Managing Director
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25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-6211 • 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
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 96-9)
Request: Agricultural to Rural
Change of Zone Application (REZ 96-19)
Request: A-3a to RA-la
Applicant: Peter Dungate
Tax Man Kev: 7-3-8:32
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~
S phen K. Y mashiro
Mayor
AK: syw
LDunga0l.MAY
Enclosures
cc: Planning Commission
REZ 96-9 & REZ 96-19
Comm. No.
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Scephrn K. Yatnashiro
Mayor
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii %77A-4252
(808) %I.8288 Fu (808) %1-%IS
1, p fr ~ ? 1496
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 96-9)
Request: Agricultural to Rural
Change of Zone Application (REZ 96-19)
Request: A-3a to RA-la
Applicant: Peter Dungate
Tax Map Key: 7-3-8:32
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 Rural District and a Change of Zone from Agricultural
(A-3a) to Residential and Agricultural (RA-la) for approximately 4.9~ acres of land. The
property is located along the south side of Kaloko Drive, approximately 200 feet mauka of the
Hawaii Belt Road at Kaloko, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County
General Plan and the Hawaii State Plan. According to the Hawaii Land Use
Commission Rules, the following three standards shall apply when determining an area
for the Rural district boundaries:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses.
The subject property is adjacent to 11,000 to 22,000 square feet parcels to the
west, 1-acre lots to the north, and 3-acre lots to the east and south, all located within
the Agricultural zoned district.
Chapter 205, HRS, determines the permissible uses within the Rural district.
This states: "(a) Permissible uses within the rural district shall include the following
activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses
and those uses that are compatible within the agricultural district; (2) Low-density
residential uses with a minimum lot size of one-half acre. The commission for good
cause may allow one lot of less than one-half acre, but not less than 18,500 square feet,
or an equivalent residential density, provided all other lots in the subdivision have the
minimum lot size of one-half acre. A petition for variance may be processed under the
special permit procedure pursuant to subchapter 12. This exception shall apply to lots
of record existing prior to January 1, 1977, and of not more than two acres. There
shall be no more than one single-family dwelling per one-half acre, except as may be
provided for in this section."
The proposed boundary amendment is for similar agricultural land uses that are
compatible with the State Land Use Agricultural designation. The applicant has stated
that they will be able to do backyard floriculture or citrus products type of agricultural
activities. The applicant has no plans to construct single family dwellings on the
proposed subdivision lots. While one or two lots would be retained by the applicant,
the balance would be sold at market price. Thus, the requested boundary amendment
would be in the direction of fulfilling the permissible uses of the rural designation.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The proposed boundary amendment would conform to the following goals and
policies of the General Plan:
LAND USE
o Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
o 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 Promote and encourage the rehabilitation and use of urban and rural areas which
are serviced by basic community facilities and utilities.
o Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
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.
AGRICULTURE
o Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of
action. It is also a graphic depiction of the physical relationship between the various
land uses. The LUPAG Map establishes the basic urban and non-urban form for areas
within the County.
The proposed use would also conform to the following goals and policies of the
Economic Element:
o Provide residents with opportunities to improve their quality of life.
o Economic development and improvement shall be in balance with the physical and
social envirorunents of the island of Hawaii.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
o The County of Hawaii shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
The Kona Regional Plan adopted by the Planning Commission in 1984 is intended
to provide short and middle range implementation strategies for the goals, policies and
land use pattern presented in the General Plan. The Kona Regional Plan and its Zone
Guide Map, adopted over 10 years ago, suggested low density residential uses for the
project site. The property is situated in proximity to residential subdivisions such as
Kona Palisades. Therefore, the approval of the subject request would be consistent
with the policy direction established by the General Plan.
The proposed Rural boundary request also conforms to the LUPAG Map which
designates the area as Orchards. Orchards is defined as "those agricultural lands which
though rocky in character and content support productive macadamia nuts, papaya,
citrus, and other similar agricultural products." This request would allow a rural
development, a Single Family Residence and subsistence and backyard gardening type
of agricultural activities. The area under consideration is consistent with the rural form
established for this section of the North Kona District as depicted on the LUPAG Map.
Based on the above findings, including the General Plan's goals and policies, the
granting of the rural boundary amendment would complement and implement the
General Plan.
All utilities and services are available to the property which are essential to
accommodate rural development. Access to the subject property is off the Old Kona
Belt Road which has aright-of-way width of 40 feet with approximately 12-14 feet
wide pavement and 2-3 foot wide shoulders on both sides of the road. Water is
provided by a 6-inch county water line which fronts the project site. The Department
of Water Supply has indicated that water service is available to the subject property for
less than six lots. 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 outside of the
500-year flood plain (Zone X).
While the subject property is within the State Land Use Agricultural and County's
Agricultural zoned districts, it is not currently being used for active agricultural
purposes. The State of Hawaii ALISH Map does not classify the subject property in
any category. The Land Use Study Bureau's Overall Master Productivity Rating for
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
the soils in the area is "D" or Poor. The surrounding properties are also in the
County's Agricultural and State Land Use Agricultural zoned district.
Furthermore, a Rural classification would complement the existing and future
residential land use patterns of the surrounding properties in view of the surrounding
properties and permissible uses.
Finally, it should be noted that the reclassification action would also conform to
the following goals, objectives and/or policies articulated in the Hawaii State Plan
relating to Socio-cultural advancement -Housing objectives and policies:
(a) Planning for the State's Socio-cultural advancement with regard to
housing shall be directed towards achievement of the following
objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and
desires of families and individuals.
(2) The orderly development of residential areas sensitive to
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate-income and gap-group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of
housing.
(5) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding areas.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
(6) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
Based on the above, the approval of the State Land Use Boundary Amendment to
the Rural District complements the State Land Use District Regulations and is
supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
Change of .one
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through such a comprehensive policy analysis approach that evaluations and
decisions can be made to better time and stage developments to achieve growth
determined by the General Plan and related planning documents. The implications of
these evaluations and decisions must be also considered as they may have an impact on
similar areas in the County.
The Change of Zone Application from Agricultural3 acres (A-3a) to
Residential -Agricultural-1 acre (RA-la) zoned district will conform to the following
goals, policies and standards of the General Plan Land Use, Economic, and
Agricultural Elements:
LAND USE
o Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
o Zoning request shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zone uses, availability of public services and utilities, access, and public need.
o The compatibility of agricultural and non-agricultural uses should be carefully
reviewed and where appropriate, buffers required.
o Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
o Protect and encourage the intensive utilization of the County's important
agricultural lands.
o The county shall encourage [he development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
o Agricultural land shall be used as one form of open space or green belt.
ECONOMIC
o Economic development and improvement shall be in balance with the physical and
social environments of the island of Hawaii.
o The County of Hawaii shall strive for diversity and stability in its economic system.
o The County shall provide an economic environment which allows new, expanded,
or improved economic opportunities that are compatible with the County's natural
and social environment.
While the potential for intensive and/or extensive agricultural uses may exist, the
project site is comprised of soils identified as "Aa" with Honoaulu and Moaula Series.
It has very limited soil material with sharp lava clinkers. It is very well drained and
very poorly suited for machine tillability. Soils within the subject property have been
classified as "D" (Poor) for agricultural productivity by the Land Study Bureau's
Detailed Land Classification System. Finally, soils within the subject property are
classified as "Other Important Agricultural Land" by the ALISH system. "Other
Important Agricultural Land" consists of lands other than Prime or Unique for
agricultural uses. The requested RA-la zoning is consistent with the recommendation
of the Kona Regional Plan.
The proposed subdivision of 1 acre lots would be compatible with the rural
character of lands surrounding the property. Surrounding land uses include
single-family lots ranging from 11,000 to 22,000 square feet to the west; 1 acre lots to
the north, across Kaloko Drive; and 3 acre lots to the east and south. Therefore, a
favorable recommendation of this change of zone request will be consistent with the
surrounding land use pattern already established within this portion of Kaloko.
Primary access to the subject area from the Old Mamalahoa Highway, a County
roadway having a pavement which ranges between 12 to 14 feet, with 2 to 3 feet wide
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
shoulders on both sides of the road. This Old Mamalahoa Highway is able to
accommodate the proposed subdivision. The Mamalahoa Highway-Kaloko Drive
intersection is approximately 200 feet west is of a subject property, and is a "T"
configuration without channelization improvements. The analysis of traffic along
Kaloko Drive and at its intersection with the Mamalahoa Highway found that there are
no appreciable delays at this intersection during the AM and PM peak traffic hours.
The Department of Transportation and Public Works have expressed the need for
improvements to the Mamalahoa Highway-Kaloko Drive intersection and the Old
Mamalahoa Highway. The need for such improvements is essential since similar
changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation
of additional homesites placing additional traffic burdens on the intersection.
Water for the proposed subdivision development will be provided by the existing
6-inch line. Wastewater generated by the proposed development will be disposed of
utilizing an individual wastewater disposal system for each lot meeting the requirements
of the Department of Health.
All other essential utilities and services are or will be made available to support
the proposed development.
There has been no archaeological study conducted. According to the application,
other reports in this area did not suggest a high likelihood of the presence of
archaeological features on this site. It is recommended that an archaeological study of
the subject property be submitted for review and approval by the Planning Director, in
consultation with the Department of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD), prior to the submittal of plans for subdivision review. Should
significant historical sites be located within the subject property, an archaeological
preservation mitigation plan shall be submitted for review and approval by the Planning
Director, in consultation with the DLNR-HPD, prior to the issuance of Final
Subdivision Approval or any land alteration activities.
Based on the above findings, approval of the Change of Zone request from
Agricultural-3 acres (A-3a) to Residential -Agricultural-1 acre (RA-la) zoned district
would result in an appropriate land use pattern that will further the public necessity and
convenience and the general welfare.
For your favorable consideration, an amendment to the State Land Use Boundaries Map, H-7
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 a copies of the applications and a copy of the staff background for your
information.
Sincerely,
Kevin M. Balog, Chairman
Planning Commission
AK: syw
LDunga02.PC
Enclosures
cc: Honorable Stephen K. Yamashiro, Mayor
Mr. Sidney Fuke
Mr. Peter Dungate
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
-
1
en~.o~.~~-~imiss
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PETER DUNGATE
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 96-9)
CHANGE OF ZONE APPLICATION (REZ 96-19)
Peter Dungate has submitted applications for a State Land Use Boundary
Amendment from an Agricultural to Rural District and a Change of Zone from Agricultural
(A-3a) to Residential -Agricultural (RA-la) district classification, for approximately 4.9±
acres of land. The property is located along the south side of Kaloko Drive, approximately
200 feet mauka of the Hawaii Belt Road at Kaloko, North Kona, Hawaii, TMK: 7-3-8: 32.
GENERAL INFORMATION
1. Peter and Angela Dungate are the fee owners of the subject property.
PROPOSED DEVELOPMENT
2. Request: The owners intend to subdivide the property into four lots. The application
is for 4.910 acres, at the 2000' elevation and to be reclassified from A-3a to RA-la.
3. Objectives: "The proposed subdivision plan reflects three 1-acre lots, with the
balance of 1.910 acres making up remaining lot. Access would be via the North
Kona Belt Road. It should be noted that the proposed layout is tentative and its
ultimate configuration may change to reflect County subdivision and/or zoning
requirements. "
4. The applicant has submitted the following in support of the request:
(See Exbibit A -Applicant's Statement)
5. The Residential -Agricultural (RA-la) classification would allow for 3 units.
According to Section 205-2, Chapter 205, Hawaii Revised Statutes, the following uses
shall be pemutted within rural districts: (1) Low density residential uses; (2)
Agricultural uses; and (3) Public, quasi-public and public utility facilities. In addition
the minimum lot size for any low density residential use shall beone-half acre and
there shall be but one dwelling house per one-half acre.
Attachment to C-63/Bill 18 & Bill 19
DESCRII'TION OF COUNTY & STATE PLANS '
6. SLU: Agricultural.
7. GP LUPAG MAP: Orchard.
8. General Plan Consistency: Economic, Public Utilities, Land Use elements goals,
policies and courses of action for North Kona.
9. Hawaii State Plan Consistency: Economic objectives and policies.
10. Zoning: Agricultural 3-acre (A-3a).
11. SMA: The property is not situated within the Special Management Area (SMA).
DESCRH'TION OF PROPERTY AND SURROUNDING AREAS
12. Subject Property: The subject property is arectangular-shaped lot.
13. U.S. Soil Survey: The subject property is comprised of identified as Aa with
Honaulu and Moaula Series. These soils have limited soil material with sharp lava
clinkers. It is very well drained and very poorly suited for machine tillability. The
natural vegetation consists of Christmas berry, guava, and a variety of grasses and
weeds.
14. Flora and Fauna: The subject parcel is vegetated and is covered with Christmas
berry. No separate studies were conduced, however, planning reports have not
indicated the presence of any raze or endangered plant or animal life in this azea.
15. LAND STUDY BUREAU Soil Rating: Class "D" or Poor.
16. ALISH: Other Important Agricultural Lands.
17. Surrounding Zoning/Land Uses: Adjacent lands include single family lots ranging
from 11,000 to 22,000 square feet to the west; 1 acre lots to the north; and 3 acre
lots to the east and south.
PUBLIC UTILITIES AND SERVICES
18. Roads: Access would be from Old Kona Belt Road. The old Kona Belt Road has a
right of way width of approximately 30 feet. The pavement in this area ranges
between 12-14 feet, with 2-3 foot wide shoulders on both sides of the road.
19. Services: All essential utilities and services are or will be made available to the
subject property.
-2-
AGENCIES COMMENTS
20. Land Use Commission (July 24, 1996):
"We have reviewed the subject applications and supporting document, as transmitted
by your memorandum dated July 17, 1996, and have the following cotnmen[s to
offer:
1) We confirm that the subject parcel, identified as TMK: 7-3-08: 32, is within
the State Land Use Agricultural District.
2) Based on the supporting documents for the subject applications, it is our
understanding that the Applicant does not intend to construct any dwellings on
the proposed lots, including the one or two lots that the Applicant will retain.
However, it is also our understanding that the Applicant's intentions does not
restrict the construction of residences by any other party upon conveyance of
the remaining lots.
Clarification is needed as to whether the Applicant intends in the future to
construct a residential unit(s) on the parcel(s) that it retains.
We have no further comments to offer at this time.
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."
Applicant's Response: (See Exhibit B -August 15, 1996 Letter)
21. b7re Department: (See Exhibit C -August 21, 1996 Memo)
22. Department of Water Supply: (See Exhibits Dand E -July 24, 1996 and August
12, 1996 Letters)
23. Real Property Tax Office (July 23, 1996 Memo):
"Within the past ten yeazs, this property was assessed as pasture from 1987 to 1992.
Section 19-53 (f)(92) of the Hawaii County Code states: "A deferred or roll back tax
shall be imposed on the owner of agricultural lands assessed according to its
agriculttral use provided in subsection (a) of this section in the event of a change in
use classification by the authorized State agency to urban or rural districts or upon the
subdivision of the land into parcels of five-acres or less..." The amount of rollback
taxes due, including the 10% penalty, upon the rezoning of this parcel to rural would
be approximately $10,500."
Applicant's Response: (See Exhibit B -August 15, 1996 Letter)
-3-
24. Department of Health (July 25, 1996 Memo):
"The subject lots are located in the Critical Wastewater Disposal Area where
cesspools aze not allowed because of water pollution concerns. Any development on
these lots would require all wastewater to be disposed into a septic tank system. "
Applicant's Response: (See Exhibit B -August 15, 1996 Letter)
25. Police Department (July 24, 1996 Memo):
"We have reviewed the application and do not believe the requests will negatively
impact traffic or safety conditions in the area."
26. Department of Land and Natural Resources (August 23, 1996 Memo):
"Thank you for the opportunity to review the subject State Land Use Boundary
Amendment and Change of Zone from Agriculture to Rural.
"The Department of Land and Natural Resources (DLNR) will hold in abeyance its
comments on the subject matter until: (1) DLNR State Historic Preservation Division
reviews the archaeological survey and historic research report; and (2) Review by the
State Department of Health for their acceptance of any resulting requirements related
to water quality.
"Furthermore, we recommend coordination with the county government to incorporate
this project into the county's Water Use and Development Plan.
"Should you have any questions, please contact Nick Vaccazo of the Land Division at
1-808-587-0438.
27. Department of Transportation (July 22, 1996, Letter):
"Thank you for your transmittal of July 17, 1996.
"The developer should be required to participate in the intersection improvements at
Kaloko Drive and Mamalahoa Highway. This would include, but not be limited to,
street lights, sight-distance improvements, deceleration lanes and left turn storage
lanes. The roadway improvements will be at no cost to the State.
"We appreciate the opportunity to provide comments."
Applicant's Response: (See Exhibit B -August 15, 1996 Letter)
28. Department of Public Works: (See Exhibit F -November 19, 1996 Memo)
-4-
AGENCIES - NO RESPONSE
29. Natural Resources Conservation Service.
PUBLIC COMMENTS
30. The Department has not received any comments or objections from the general public
or adjacent landowners.
-5-
STATE LAND USE BOUNDARY AMENDMENT
(Agricultural to Rural)
COUNTY ZONING AMENDMENT
(A-3a to RA-la)
Applicant: Peter Dungate
Tax Map Key: (3) 7-3-08: 32
Kaloko, North Kona, Hawaii
I. GENERAL REQUEST
The applicant is requesting a State Land Use Boundary
Amendment from Agricultural to Rural and a County
zoning change from Agricultural-3 acres (A-3a) to
Residential Agricultural-1 acre (RA-la) for a 4.9+
acre parcel located in the Kaloko area, district of
North Kona, Island of Hawaii.
These requests are to allow the development of a four
lot residential-agricultural subdivision with related
improvements.
II. OWNERSHIP
The subject parcel is owned in fee simple by the
applicant. If approved, the applicant intends to
subdivide the property and retain one or two lots for
his family, and sell the remaining lots.
III. PARCEL LOCATION AND DESCRIPTION
The vacant 4.910 acre parcel is located approximately
200 feet east or mauka of the Mamalahoa Highway/Kaloko
Drive intersection (Figure 1) in Kaloko, North Kona,
Hawaii. Specifically, it is a corner lot which fronts
the south side of Kaloko Drive and the North Kona Belt
Road. The North Kona Belt Road is commonly referrred
to as the Old Mamalahoa Highway.
Surrounding land uses in the vicinity include
single-family lots ranging from 11,000 to 22,000+
square feet to its west (makai); 1+ acre lots to the
north, across of Kaloko Drive; and 3+ acre lots to the
east and south. There is also a church located makai
of the Mamahalba Highway.
For the most part, the surrounding lands are used
residentially with limited agricultural activities.
-1-
EXHIE3IT
'A'
The parcel has not been in active agricultural use,
although there have been occasional cattle grazing.
As is typical of most properties in the area, it has
about a 15+ percent slope in a makai-mauka direction.
It should be noted that although the subject parcel
fronts Kaloko Drive, it is not part of the Kaloko
Mauka Subdivision. A number of lots along the lower
section of that subdivision have subdivided into
3+ acre lots.
IV. PROPOSED DEVELOPMENT
The requested zoning for the parcel is Residential-
Agricultural-1 acre (RA-la) to allow a rural-type
low density residential subdivision. Residential and
backyard agricultural activities are envisioned for
these lots.
The proposed subdivision plan reflects three 1-acre
lots, with the balance of 1.910 acres making up the
remaining lot. Access would be via the North Kona
Belt Road. (Figure 2) It should be noted that the
proposed layout is tentative and its ultimate
configuration may change to reflect County subdivision
and/or zoning requirements.
The applicant has no plans to construct any dwellings
on the proposed lots. While one or two lots would be
retained by the applicant, the balance would be sold
at market price.
The applicant would also include a convenant
prohibiting the construction of an ohana dwelling.
Subdivision and improvement construction would begin
immediately upon securing all required permits.
V. STATE AND COUNTY LAND USE PLANS
A. State Land Use Classification. The State Land Use
district classification of the parcel is
Agricultural. The requested Rural classification
would allow the development of this residential-
agricultural subdivision.
It should be noted that since 1985, pursuant to a
State law, the individual counties are allowed to
process land use boundary amendments involving
-2-
b
land areas of less than fifteen (15) acres.
Total land area of the subject parcel is 4.910+
acres;~thus the application can be processed by
the County.
B. County General Plan. The General Plan Land Use
Pattern Allocation Guide (LUPAG) map designates
the subject area Orchard, although it was
previously designated Alternate Urban Expansion.
Orchard is defined as "Those agricultural lands
which though rocky in character and content
support productive macadamia nuts, papaya, citrus,
and other similar agricultural products."
This request would meet the minimum 1-acre
requirement for the agricultural district.
It would also provide limited agricultural
opportunities for future lot owners.
C. Kona Regional Plan. The Kona Regional Plan
recommends the subject area for Agricultural
1 to 3 acres. The requested lot size would be
consistent with this recommendation.
D. Keahole to Kailua Development Plan (K to K1.
This plan, prepared in 1989, suggests future
residential expansion in the general area,
particularly makai of the Mamalahoa Highway.
E. Zoning Code. The parcel is currently zoned
Agricultural-3 acres (A-3a) by the County.
F. Special Management Area (SMA). The parcel
is not located within the County SMA.
VI. PROPERTY DESCRIPTION
A. Environmental
1. Soils. The U.S. Department of Agriculture,
Soil Conservation Service's Soil Survey
Report, classifies .the soils within the area
as of the Aa with Honoaulu and Moaula Series.
It has very limited soil material with sharp
lava clinkers. It is very well drained and
very poorly suited for machine tillability.
-3-
The Land Study Bureau's Overall Master
Productivity Rating is "D" or poor.
The State Department of Agriculture's
Agricultural Lands of Importance to the State
. of Hawaii (ALISH) classifies the property as
"Other Important Agricultural Lands," a
category which consists of lands other than
Prime or Unique for agricultural uses.
2. Drainage. The parcel is identified by the
Federal Insurance Rate Map (FIRM) as located
within Zone X, an area outside of the 500-year
flood plain.
3. Topography. Topography of the property is
fairly level, although there is a slight
incline running mauka-makai. The subject
property is located at about the 1,800 foot
elevation line.
4. Rainfall. The area generally receives 60 to
80 inches of rain annually.
5. Flora/Fauna. The subject site has vegetation
that is typical of this area such as Christmas
berry trees. Although no separate studies
were conducted, planning reports of other land
use applications within the general area have
not indicated the presence of any rare or
endangered plant or animal life in this area.
Thus, it is presumed that the same should
apply here.
6. Archaeological Features. No archaeological
reconnaisance survey was conducted of the
subject parcel. However, it does not appear
likely that there are significant features on
the property, based on reports of other
properties in the area that were recently
considered for rezoning and/or development.
Further, the site was bulldozed and fenced in
in 1979 for cattle grazing.
At any rate, should any unanticipated sites or
features be uncovered during any land
disturbing activity, all activity will cease,
and the Planning Department would be notified.
-4-
B. Infrastructure
1. Water. Water service is available to the site
from a 6-inch line. According to the staff of
the Department of Water Supply, water could be
made available for rezonings involving less
than six lots.
2. Access. The subject property is approximately
200 feet mauka of the Kaloko Drive/Mamalahoa
Highway intersection. It fronts Kaloko Drive
and the old Kona Belt Road. Kaloko Drive is
a County-owned and standard road that has a
right-of-way of 100 feet with at least a 24
foot wide pavement in this area.
The Old Kona Belt Road has a right of way
width of 40 feet. The pavement in this area
ranges between 12-14 feet, with 2-3 foot wide
shoulders on both sides of the road in the
vicinity of the subject parcel.
Access would be directly from the Old Kona
Belt Road.
3. Wastewater System. The proposed system for
all of the proposed subdivision lots will be
cesspools, as there is no municipal system in
the area. Alternatively, if cesspools are not
allowed, a system - such as septic - designed
to meet the State Department of Health's
requirements and approval will be constructed
in conjunction with the construction of a
dwelling on the proposed lots.
C. Utilities
All other essential utilities - such as telephone
and electricity - are available to the area.
D. Public Services
Police services are located in Kealakehe,
approximately five miles away. Fire
protection services and public government
services are currently available to the area
from Kailua-Kona, approximately three miles
away.
-5-
i ,
SidneyFuke&As~- :fates
100 Pa~ahi Street Suite 212 • Hilo, Hawaii 96720 ~F/gfLap~Use Planners
Telephone: X8081989-1522 • Fax: (806 989-7998 ~~''++UU Pr~ 3
August 15, 1996 CQUNlY/~r~~~r ~I
A//
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
SUBJECT: State Land Use (SLU 96-9) and
Rezoning Requests (REZ 96-19)
Peter Dungate, TMK: 7-3-8: 32
Thank you for sending me a copy of comments from the
different agencies regarding this matter.
In response to the agency comments, we note the
following:
State Department of Transportation
It is the applicant's understanding that properties in
this area that were rezoned have been required to provide its
fair share and/or participate in the improvements to the
Kaloko Drive/Mamalahoa Highway intersection. With that
understanding, the applicant has no objections to making its
fair share contribution towards this intersection.
Real Property Tax Division
The applicant understands that there will be a rollback
tax imposed in the event the request is approved.
State Land Use Commission
The applicant intends to subdivide the property with the
idea of allowing a residential structure on each lot. This
would be for both the lots the applicant intends to retain as
well as those that will be sold. The number of structures
and uses would have to be consistent with appropriate State
and County land use requirements.
State De artment of Health
The applicant and its successors or assigns intend to
comply with applicable wastewater requirements at the time of
~6~~Q
~XHIBIY
/ ~
f
Ms. Virginia Goldstein_
August 15, 1996
Page 2
constructing a dwelling on the lots.- At this time, the
applicant understands and accepts that cesspools are not
allowed in this area and that a septic tank system would be
needed.
Again, thank you for sending me a copy of the agency
comments on this matter. If there are further comments or if
your staff has any questions on these applications, please
feel free to contact me.
Sincerely,
SIDN Y( M. FUKE'~
Planning Consultant
cc Mr. Peter Dungate
Y1V o/ M1
o?~'"'~~"'w+. Nelson M. Tsuji
" ~~W"'~ Fin Chief
Stephen K Yaclashizo
M°y°' . _ ~ - Edward Bumatay
' . Deputy Fire Chief
ror M/
~IIltitfkl II~ ~M~t12I11
FIRE DEPARTMENT
777 Kilauea Avenue • MaII line, Room 6 • Hilo, Hawaii 96720-0239
1808) %1-8297 • Fax (808) 961-82% '1~
~r'~
August 21, 1996 9
c' N
~1:.: ~
- ~O
To: Virginia Goldstein, Planning Director 3
From: Nelson M. Tsuji, Fire Chief ~ ~
cD
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 96-9)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION (REZ 96-19)
REQUEST: A-3a TO RA-la
APPLICANT: PETER DUNGATE
TAX MAP KEY: 7-3-8:32
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).
~xHr~r~
r' "
~c~
.f' "/-,J
To: Virginia Goldstein, Planning Director
Page 2
August 21, 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.
T.o: Virginia Goldstein, Planning Director
Page 3
August 21, 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.
n
To: Virginia Goldstein, Planning Director
Page 4
August 21, 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."
/ ~
rIEL~O
Fire Chief
NMT/mo
Of w1/f9
J!:
17 ~
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
o`y~~nr "~w 25 AUPUNI STREET HILO, HAWAII 96720
TELEPHONE (606)9691421 FAX (808)969-6996
July 24, 1996
G
~o'O ~
r
C' 6'
T0: Planning Department
~O
FROM: Milton D. Pavao, Manager ~
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION N0. 96-09 AND
CHANGE OF ZONE APPLICATION N0. 96-19
APPLICANT - PETER DUNGATE
TAX MAP KEY 7-3-8:12
We have reviewed the subject applications.
Water can be made available from an existing 6-inch waterline along Kaloko Drive.
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
3 additional lots requested in the proposed 4-lot subdivision development, the
required water commitment deposit is $450.00.
Remittance by the applicant of the $450.00 is requested as soon as possible so that
a water commitment may be formally issued. The commitment will be in writing with
specific conditions and effective dates stated. Please keep in mind that this
letter shall not be construed as a water commitment. In other words, unless a water
commitment is officially effected, water availability is subject to change depending
on the water situation.
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. water mains capable of delivering water at adequate pressure and volume
under peak-flow and fire-flow conditions; minimum diameter of mains
shall be 6 inches,
b. service laterals that will accommodate a g/e-inch meter to each
additional lot, and
c. fire hydrants spaced not mare than 600 feet apart.
2. Submit construction plans and ~~l;ulations, prepared by a professional
engineer, registered in the St TT, for review and approval.
~l
n ~ ~ ~ r VI
A
Planning Department
Page: 2
July 24, 1996
3. Remit the prevailing facilities char a and capital assessment fee, which are
subject to change, of $8,100.00 and $1,500.00, respectively.
Should the applicant have any questions, please call our Water Resources and
Planning Section at 969-1421.
d Milton D. a o, P.E.
Manager
WA:Io
copy-(w/att.) Mr. Peter Dungate
Qf MI!(,,
l~ f~i
U 11
~;r ~ DEPARTMENT OF WATER SUPPLY • 061N~' OF.HAWAIJ ~ '
`~~NIM!"'0 25 AUPUNI STREELy RHf`L (},3H AI~IILL 96720 -
_ TELEPHONE (806)969.~~471UV• FAX (8081:~~9~6996~
August 12, 1996 C~U~11Y`CF 1KpWH11 ,
n
w '
Mr. Peter Dungate
c/o Kona Sports '
75-5729 R Alii Drive
Kailua-Kona, HI 96740 _ ~
STATE LAND USE BOUNDARY AMENDMENT APPLICATION N0. 96-09 AND
CHANGE OF ZONE APPLICATION N0. 96-19
TAX MAP KEY 7-3-008:032
This is to acknowledge receipt of the required $450.00 water commitment deposit
for the subject application. We are enclosing Receipt No. 155619 for your files.
In accordance with the Department's "Water Commitment Guidelines Policy," a
water commitment for three (3) additional units in the proposed 4-unit development
in the amount of 1,800 gallons per day is hereby .granted until August 31, 1999.
Should the subject applications be approved and a subdivision application be
formally executed, final approval will be subject to the following conditions:
1. Construct necessary water system improvements, which shall include, but not
be limited to:
a. water mains capable of delivering water at adequate pressure and
volume under peak-flow and fire-flow conditions; minimum diameter of
mains shall be 6-inches,
b. service laterals that will accommodate a ~-inch meter to each
additional lot, and
c. fire hydrants spaced not more than 600 feet apart.
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 balance and capital assessment
fee, which are subject to change, of 57,650.00 and 51,500.00,
respectively. For your information, the total facilities charge
requirement, which is subject to change, is $ 8,100.00. Effective
July 1, 1997, the total required facilities charge will increase to
510,125.00 and facilities charge balance to 59,675.00. However, the
total water commitment deposits paid to date is 5450.00. Water
commitment deposits are credited towards the final facilities charge
requirement for the development.
~XH~B~Y ~'a ~r-~
0
Mr. Peter Dungate
Page 2
August 12, 1996
Note that the amount of water commitment deposit may exceed the prevailing
facilities charge amount; for example, when requests for time extensions
continue and approved. Until the development is finally completed,
these are separate and unrelated items. In the event that water commitment
deposits exceed the facilities charge, no refunds are applicable. With this
understanding, the current facilities charge balance is $7,650.00.
3. Comply with all other applicable policies and requirements of the
Department's Rules and Regulations. Noncompliance may be caused for voiding
this water commitment at which time availability will be subject to change
in accordance with prevailing water system conditions, policies, and
rules and regulations.
Should there be any questions, the subdivider may contact our Water Resources and
Planning Section. For your information, effective July 31, 1996, our new
telephone number is 961-8660 and fax number is 961-8657.
Milton D. Pavao, P.E.
Manager
WA:rls
copy -~lanning Department
Customer Service Section
Waimea Office
Kona Office
Ka'u Office
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE November 19, 1996
eH ~a~
To Planning~Director
FROM G en'dl' M. h:uba, Chief
Engineering Division .
suB.recT: State Land Use Boundary Amendment (SLU 96-9) _
Change of Zone Application (REZ 96-19)
Applicant: Peter Dungate
Location: I:aloko, North Kona, HI
TMK: 7-3-08:32
We have reviewed ttre subject application and our comments <3re as follows:
1. All development gE~nerated runoff shall be disposed of on site and shall not be
directed toward any e~djaceRt properties.
2. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County
Code.
3. The driveways mu:;t conform to County standards. The sight distance must meet the
requirements of the ~ tatewide Design Manual.
4. The Old Mamalahua Hwy. has a varying right of way of appr~xirrlately thirty. (30) feet
and a varying pavement width of approximately ten (10) feet. l'he right of way should
be widened; we recommend that half of the difference between the existing right of way
and a 50 foot right-of~way be dedicated to the County of Hawaii and that the pavement
be widened to 20 fee•:.
TWP:sIs ~XH~~f~
cc: Engineering - Hil~~ ~
Engineering -Kona
Planning -Kona
r Y
~ti~~
STATE LAND USE BOUNDARY AMENDMENT
Agricultural to Rural
COUNTY ZONING AMENDMENT
A-3a to RA-la
Applicant: Peter Dungate
Tax Map Key: (3) 7-3-08: 32
Kaloko, North Kona, Hawaii
July 1996
C-~c31"tl;ll~, l8riy>
COUNTY OF HAWAII PLANNING DEPARTMENT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
APPLICANT: Peter Dungate
APPLICANT'S SIGNATURE: _
c/o Kona Sports
MAILING ADDRESS• _
75-5729 R Alii Drive Kailua-Kona, HI 96740
TELEPHONE: (BUS) 329-9121 (HOME)
LANDOWNER: Peter and Angela Dungate
LANDOWNER'S SIGNATURE: 6:
TAX MAP KEY: 7-3-08: 32
LAND AREA: 4.9+ acres
CURREN'P STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
THE APPLICANT SHALL SUBMIT THE FOLLOWING:
A. Non-refundable filing and processing fee of two hundred dollars.
B. Original and fifteen copies of:
1. Application form.
2. Location map.
3. Preliminary site plan, drawn to scale, with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written description of
the property and proposed development, including but not
limited to:
a. The extent to which the proposed reclassification
conforms to the applicable goals, policies, standards,
and courses of action of the General Plan and
implementing ordinances, plans and documents; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2-foot by 3-foot presentation map requested under B.3,
above.
0400q
PD 2/26/87
r ~
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
Peter Dungate
APPLICANT:
APPLICANT'S SIGNATURE: DATE:
ADDRESS: c/o Kona Sports
75-5729 R Alii Drive Kailua-Kona, HI 96740
LIST APPLICANT'S INTEREST IF NOT OWNER
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS
TELEPHONE-BUSINESS: 329-9121 RESIDENCE:
REQUEST: Ag-3a TO RA-la
(Existing zoning) (Proposed zoning)
TAX MAP KEY: 7-3-08: 32
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 4.1+ acres
LANDOWNER(S): Peter and Angela Dungate ~j
OWNER' S SIGNATURE ~,~ttiw,~. ~~~,a~ ? ~5"' DATE: ~ /
Sidney Fuke (M be by letter)
AGENT:
ADDRESS: 100 Pauahi Street, Suite 212
Hilo, HI 96720
TELEPHONE-BUSINESS: 969-1522 RESIDENCE:
Please indicate to whom original correspondence and copies should be
sent. ORIGINAL Sidney Fuke COPIES Peter Dungate
(See Instructions in Back)
ATTACF~.*1ENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? all
b. Into what lot sizes? 1 arra
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans immediate)
to the Planning Department for preliminary approval? y
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 price range? House
Lot
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.
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)
P.D. 2 5/84
f. If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also, include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party,
3. Do you think that your request and your further plans for the land yes
will alleviate the local housing situation?
xow? By providing additional lots in a rural area, this
project should provide alternative housing opportunities
for existing and future residents of Kona.
4. Are there any buildings on the subject area? no
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
5. Is the subject land currently being used for any agricultural activity? no
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? Yes
Lf so, did your plan include the following considerations?
a. Commodity to be produced? Yes
What kinds of commodity? Citrus fruits
b. Suitablility of the proposed lot-size for that commodity? des
c. Sufficient farm size bo allow reasonable chance of success in
commercial agriculture?
This would be principally for backyard and/or supplemental
farming.
-2-
d
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use? no
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem no
on the subject area?
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
no
improvements?
If so, what kind?
Is the road adequate for the proposed traffic volume or load? ey s
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools x
x
b. Roads `
x
c. Sewer
x
d. Drainage
-3-
~ E
Yes vo
x
e. Police Protection
x
f. Fire Protection
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.
~i
Signature: ~ //fin-~-_.~ 0~-7
75-5729 R Alii Drive Kailua-Kona 96740
Address:
Telephone: 329-9121 I p
Date: l
-4-
STATE LAND USE BOUNDARY AMENDMENT
(Agricultural to Rural)
COUNTY ZONING AMENDMENT
(A-3a tc RA-la)
Applicant: Peter Dungate
Tax Map Key: (3) 7-3-08: 32
Kaloko, North Kona, Hawaii
I. GENERAL REQUEST
The applicant is requesting a State Land Use Boundary
Amendment from Agricultural to Rural and a County
zoning change from Agricultural-3 acres (A-3a) to
Residential Agricultural-1 acre (RA-la) for a 4.9+
acre parcel located in the Kaloko area, district of
North Kona, Island of Hawaii.
These requests are to allow the development of a four
lot residential-agricultural subdivision with related
improvements.
II. OWNERSHIP
The subject parcel is owned in fee simple by the
applicant. If approved, the applicant intends to
subdivide the property and retain one or two lots for
his family, and sell the remaining lots.
III. PARCEL LOCATION AND DESCRIPTION
The vacant 4.910 acre parcel is located approximately
200 feet east or mauka of the Mamalahoa Highway/Kaloko
Drive intersection (Figure 1) in Kaloko, North Kona,
Hawaii. Specifically, it is a corner lot which fronts
the south side of Kaloko Drive and the North Kona Belt
Road. The North Kona Belt Road is commonly referrred
to as the Old Mamalahoa Highway.
Surrounding land uses in the vicinity include
single-family lots ranging from 11,000 to 22,000+
square feet to its west (makai); 1+ acre lots to the
north, across of Kaloko Drive; and 3+ acre lots to the
east and south. There is also a church located makai
of the Mamahaloa Highway.
For the most part, the surrounding lands are used
residentially with limited agricultural activities.
-1-
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The parcel has not been in active agricultural use,
although there have been occasional cattle grazing.
As is typical of most properties in the area, it has
about a 15+ percent slope in a makai-mauka direction.
It should be noted that although the subject parcel
fronts Kaloko Drive, it is not part of the Kaloko
Mauka Subdivision. A number of lots along the lower
section of that subdivision have subdivided into
3+ acre lots.
IV. PROPOSED DEVELOPMENT
The requested zoning for the parcel is Residential-
Agricultural-1 acre (RA-la) to allow a rural-type
low density residential subdivision. Residential and
backyard agricultural activities are envisioned for
these lots.
The proposed subdivision plan reflects three 1-acre
lots, with the balance of 1.910 acres making up the
remaining lot. Access would be via the North Kona
Belt Road. (Figure 2) It should be noted that the
proposed layout is tentative and its ultimate
configuration may change to reflect County subdivision
and/or zoning requirements.
The applicant has no plans to construct any dwellings
on the proposed lots. while one or two lots would be
retained by the applicant, the balance would be sold
at market price.
The applicant would also include a convenant
prohibiting the construction of an ohana dwelling.
Subdivision and improvement construction would bectin
immediately upon securing all required permits. J
V. STATE AND COUNTY LAND USE PLANS
A. State Land Use Classification. The State Land Use
district classification of the parcel is
Agricultural. The requested Rural classification
would allow the development of this residential-
agricultural subdivision.
It should be noted that since 1985, pursuant to a
State law, the individual counties are allowed to
process land use boundary amendments involving
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land areas of less than fifteen (15) acres.
Total land area of the subject parcel is 4.910+
acres; thus the application can be processed by
the County.
B. County General Plan. The General Plan Land Use
Pattern Allocation Guide (LUPAG) map designates
the subject area Orchard, although it was
previously designated Alternate Urban Expansion.
Orchard is defined as "Those agricultural lands
which though rocky in character and r_ontent
support productive macadamia nuts, papaya, citrus,
and other similar agricultural products."
This request would meet the minimum 1-acre
requirement for the agricultural district.
It would also provide limited agricultural
opportunities for future lot owners.
C. Kona Regional Plan. The Kona Regional Plan
recommends the subject area for Agricultural
1 to 3 acres. The requested lot size would be
consistent with this recommendation.
D. Keahole to Kailua Development Plan (K to K).
This plan, prepared in 1989, suggests future
residential expansion in the general area,
particularly makai of the Mamalahoa Highway.
E. Zoning Code. The parcel is currently zoned
Agricultural-3 acres (A-3a) bV the County.
F. Special Management Area (SMA). The parcel
is not located within the County SMA.
VI. PROPERTY DESCRIPTION
A. Environmental
1. Soils. The U.S. Department of Agriculture,
Soil Conservation Service's Soil Survey
Report, classifies the soils within the area
as of the Aa with Honoaulu and Moaula Series.
It haslvery limited soil material with sharp
lava clinkers. It is very well drained and
very poorly suited for machine tillability.
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The Land Study Bureau's Overall Master
Productivity Rating is "D" or poor.
The State Department of Agriculture's
Agricultural Lands of Importance to the State
of Hawaii (ALISH) classifies the property as
"Other Important Agricultural Lands," a
category which consists of lands other than
Prime or Unique for agricultural uses.
2. Drainage. The parcel is identified by the
Federal Insurance Rate Map (FIRM) as located
within Zone X, an area outside of the 500-_year
flood plain.
3. Topography. Topography of the property is
fairly level, although there is a slight
incline running mauka-makai. The subject
property is located at about the 1,800 foot
elevation line.
4. Rainfall. The area generally receives 60 to
80 inches of rain annually.
5. Flora/Fauna. The subject site has vegetation
that is typical of this area such as Christmas
berry trees. Although no separate studies
were conducted, planning reports of other land
use applications within the general area have
not indicated the presence of any rare or
endangered plant or animal life in this area.
Thus, it is presumed that the same should
apply here.
6. Archaeological Features. No archaeological
reconnaisance survey was conducted of the
subject parcel. However, it does not appear
likely that there are significant features on
the property, based on reports of other
properties in the area that were recently
considered for rezoning and/or development.
Further, the site was bulldozed and fenced in
in 1979 for cattle grazing.
At any rate, should any unanticipated sites or
features be uncovered during any land
disturbing activity, all activity will cease,
and the Planning Department would be notified.
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B. Infrastructure
1. Water. Water service is available to the site
from a 6-inch line. According to the staff of
the Department of Water Supply, water could be
made available for rezonings involving less
than six lots.
2. Access. The subject property is approximately
200 feet mauka of the Kaloko Drive/Mamalahoa
Highway intersection. It fronts Kaloko Drive
and the old Kona Belt Road. Kaloko Drive is
a County-owned and standard road that has a
right-of-way of 100 feet with at least a 24
foot wide pavement in this area.
The Old Kona Belt Road has a right of way
width of 40 feet. The Aavement in this area
ranges between 12-14 feet, with 2-3 foot wide
shoulders on both sides of the road in the
vicinity of the subject parcel.
Access would be directly from the Old Kona
Belt Road.
3. Wastewater System. The proposed system for
all of the proposed subdivision lots will be
cesspools, as there is no municipal system in
the area. Alternatively, if cesspools are not
allowed, a system - such as septic - designed
to meet the State Department of Health's
requirements and approval will be constructed
in conjunction with the construction of a
dwelling on the proposed lots.
C. Utilities
All other essential utilities - such as telephone
and electricity - are available to the area.
D. Public Services
Police services are located in Kealakehe,
approximately five miles away. Fire
protection services and public government
services are currently available to the area
from Kailua-Kona, approximately three miles
away.
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As this area is presently developed, this request
should not result in the extension of government
services to this area.
VII. AGRICULTURAL IMPACT
The subject property is classified "D" or poor by the
Land Study Bureau. As such, its agricultural value
from a land resource perspective is not considered
significant. The site does not have any history of
any intensive agricultural uses.
Nonetheless, with the creation of smaller lots, there
may be enhanced opportunities for future lot owners to
cultivate backyard floricultural or citrus products.
VIII. JUSTIFICATIONS FOR STATE LAND USE & COUNTY
ZONING DESIGNATIONS
A. State Land Use Boundary Amendment. The request is
to reclassify_ 4.9+ acres of land from the
Agricultural to the Rural district. The approval
of the Rural classification would neither be
violative of Section 205-2, Chapter 205, Hawaii
Revised Statutes nor inconsistent with the Land
Use Commission's Rules, the County General Plan,
and the Hawaii State Plan.
1. Rural District Standards. The standards for
determining the Rural district boundaries are:
* areas consisting of small farms;
* activities or uses as characterized by low-
density residential lots of not less than
one-half acre and a density of not more than
one single-family dwelling per one-half acre
in areas where "city-like" concentration of
people, structures, streets, and urban level
of services are absent, and where small
farms are intermixed with the low-density
residential lots; and
* generally, parcels of land not more than
five acres.
For one, the subject parcel is less than five
acres.
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Then, too, although not cultivated
intensively, there are still some small
backyard farms in the general area,
principally of the backyard variety.
Equally critical is the fact that this area
as a "rural" character, with a mixture of lot
sizes. The lots in the immediate vicinity_
range from less than 1/2 acre to 3-5 acre
parcels. There are also some small backyard
farms intermixed in this general area.
2. County General Plan. The County General Plan
Land Use Pattern Allocation Guide (LUPAG) map
designates this area Orchard. Such a
designation relates to lands that are not
considered extremely important from an
agricultural resource Aerspective. As such,
residential uses would not be disruptive of
the State and County's long-term agricultural
goals.
The Kona Regional Plan also suggests some
low density residential uses in this general
area. Given its proximity to residential
subdivisions - such as Kona Palisades - the
proposed 1-acre lots would be supportive of
this Plan.
3. State Plan. The State Plan states three broad
goals which it wants the State to achieve.
These are and this project's relationship to
said goals are:
a. Economy. The State hopes to 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." while this project
in and of itself will not generate jobs,
it is nonetheless an important "social"
infrastructure. By providing additional
house lots - lots which are also capable
of being farmed upon - this project helps
to support the other economic engines of
this County. Houselots, like schools and
parks, are all important associated
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infrastructure to create a wholesome
society.
b. Physical Environment. Another goal is
"A desired physical environment,
characterized by beauty, cleanliness,
quiet, stable natural systems, and
uniqueness, that enhances the mental and
physical well-being of the people."
This project would be in keeping with the
rural ambience of this area. It would not
result in the introduction of uses that
are incongruous with the existing
ambience. This is the kind of physical
environment envisioned not only in this
State goal, but the County General Plan
as well, where the Plan attempts to guide
the direction of different ty_p_es of land
uses.
c. Well-Being. Another goal is the creation
of a "Physical, social, and economic well-
being for individuals and families in
Hawaii, that nourishes a sense of
community responsibility, of caring, and
of participation in community life."
The small number of lots (4) should help
make future occupants more easily
assimilate into the social fabric of the
surrounding area.
B. County Rezoning Amendment. The requested RA-la
zoning would conform to applicable goals, policies
and standards of the County General Plan.
1. LUPAG Map. The LUPAG map designates this area
for Orchard uses. This type of designation
applies to areas that are not overly critical
from an agricultural resource perspective. In
that sense, the requested 1-acre lots would
not be violative of this objective.
It should also be noted that the earlier
designation of this area was Alternate Urban
Expansion, which could accommodate lots of up
to 4 units per acre. This request would be
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considerably less than that and more in
keeping with the objective of the Orchard
designation.
2. Agricultural Impact. The land is classified
"D" by the Land Study Bureau. As such, its
basic resource characteristics is not as
significant as other properties. Thus, the
development of this parcel into 4 1+ acre lots
would not result in the removal of critical
agricultural properties.
Further, although not suitable for intensive
agricultural purposes, its projected size of
1-acre could still make some backyard and
non-intensive agricultural activities more
possible for the lot owners. These could
include citrus products or ornamental flowers.
Thus, the agricultural value would not be
totally removed by this request.
3. Infrastructural Considerations
a. Access. The principal access is from
Kaloko Drive, which is a County standard
road. The Old Kona Belt Highway, however,
with its 12+ foot wide road is not County
standard. Nonetheless, with its 2-3 foot
wide shoulders, the road should be
adequate to accommodate the four lots.
Additional shoulder improvements could be
made by the applicant at the time of
subdivision review.
b. water. Water is available to this area
via a 6-inch line. A commitment could
also be secured for a rezoning project
that involves less than 6 lots.
c. Wastewater. Since no municipal system is
available in this area, cesspool or a
septic system meeting with the approval of
the State Department of Health would be
installed by the various homebuilders.
There should thus not be an additional
burden to the County or State.
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d. Utilites. All other utilities are
currently available to this area.
e. Public Protection and Government Services.
These services are currently available to
the area. They are all within 5 miles of
the subject site.
4. Other Considerations
a. Floral and Faunal Resources. There is no
history of this area being a known habitat
for rare or endangered plant or animal
life. The native bats and hawks are at
the 3,000 foot elevation level,
approximately 1,000 feet mauka of this
site. As such, it is anticipated that
there should be little or no significant
impacts to those resources.
b. No On-Site Development Constraints. The
site is not designated as being within a
floodway. Thus, no significant drainage
problems are anticipated. Further, the
slope of the property is less than 15
percent, which is not unusual for this
area.
c. Archaeological Features. Although no
study was done of this site, a review of
other reports in this area does not
suggest a high likelihood of the presence
of archaeological features on this site.
The site was already bulldozed and used
for cattle grazing. This condition makes
the possibility of finding significant and
unaffected sites less remote.
Further, in the event sites are uncovered
during the course of implementing this
project, work will cease and contacts with
the County Planning Department will be
made.
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