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HomeMy WebLinkAboutCOM 0062.000 1996-1998 ~!y, cL William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho y~n,e•,M'~~ Deputy Managing Director f1~IIUn#g 11f ~.rcfuttii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-821] • Faz (BOS) 961-6553 KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (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: Change of Zone Application (REZ 96-16) Applicant: Lawrence L. Stevens Request: A-la to RS-10 Tax Man Key: 6-5-7:25 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 Change of Zone Application. Sincerely, S hen K. a ashiro Mayor AK: syw LSteve0l.MAY Enclosures cc: Planning Commission REZ 96-16 / 7 (Joa~>z 110. 62 ira. ZNG/KH PG xet Dar., DEC 3 0 1996 rtY OF- 4~~(V I Stephrn K. Yamashiro ~ ~ Ntaro. ...~c ~''~•a:'d~+' ~n~tnfg u~ ~cfuttii PLANNING COMMISSION 25 Aopuni Street, Room 109 • Hilo, H~wii %720.1252 (808) %1-8288 F~: (808) %L%15 DOE(; ~ "e 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: Change of Zone Application (REZ 96-16) Applicant: Lawrence L. Stevens Request: A-la to RS-10 Tax Mangy: 6-5-7:25 The Planning Commission, after a duly held public hearing on December 5, 1996, voted to recommend for your approval the proposed legislative bill for approximately 49,700 square feet of land by changing the district classification from Agricultural (A-la) to Single Family Residential (RS-10). The property is located along the west side of Lindsey Road, approximately 250 north of the Waimea Park at Waimea, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas of the County. The Change of Zone request from Agricultural-1 acre (A-la) to Single Family Residential (RS-10) zoned district will conform to the following goals, policies and standards of the Land Use Elements of the General Plan: Honorable James Y. Arakaki, Chairman and Members of the Coun[y Council Page 2 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. 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. Approval of this request would also compliment the following goals and policies of the Single Family Residential Element of the General Plan: 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Approval of this request would also contribute to a diverse socio-economic housing mix within the region. In this manner, the request would also complement the following goals and policies articulated in the Housing Element of the General Plan: 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. o Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. 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 Agricultural-1 acre (A-la) to Single Family Residential-10,000 square foot (RS-10) conforms to the LUPAG Map, which designates the area for Medium Density Urban Development, which allows for village and neighborhood commercial and residential and related functions (3-story commercial; residential---up to 35 units per acre). The proposed development would implement the goals, policies and courses of action of the General Plan for South Kohala. In the implementation of these goals and policies and standards, the applicant will complete its proposed project in compliance with all of the codes and standards referenced above. The proposed development is located within close proximity to all necessary urban services and facilities, and will serve the area of South Kohala. Therefore, the proposed rezoning and development will complement the land usage within [he community and neighborhood it is proposed to be located in. The request is compatible with the Waimea Design Plan. The Waimea Design Plan suggests the area be maintained for Medium Density Urban uses. The subject property is located in an area designated as Urban by the State Land Use Commission. An Urban classification is compatible with the requested Single Family Residential (RS-10) zoning. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The request is compatible with adjacent zoned uses. Surrounding properties to the south are zoned Single Family Residential (RS-7.5) and Single Family Residential (RS-10). Land uses in the immediate vicinity include single family residential uses and vacant lands on lands zoned A-la. The southeastern portion of the property abuts lands zoned CV-7.5. Adequate public services and utilities are available to accommodate the proposed use. Water, electricity and other essential services and utilities are available to accommodate the expansion of this proposed two (2) lot subdivision. Concerns regarding drainage, solid waste disposal and wastewater disposal will be addressed through the conditions of approval of this change of zone request and during review of the actual plans for the proposed single family dwellings. The Department of Public Works states that Lindsey Road has a 60-foot right-of-way with a 18-foot wide pavement. The design of the interior roadways, including the provision of adequate sight distance at with Lindsey Road, shall meet with the approval of the Department of Public Works and the State Department of Transportation. A condition of approval is being included to ensure that these infrastructural improvements are installed. The applicant stated there is no record of historic sites on the subject property. However, the lands were probably never surveyed. Should any unanticipated historic sites be found, the applicant will immediately notify the Department of Land and Natural Resources, Historic Preservation Division. Based on the foregoing, the approval of the Change of Zone request from Agricultural (A-la) to Single Family Residential (RS-10) zoned district would result in an appropriate land use pattern that will further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to Section 25-95E, the Lalamilo - Puukapu Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission AK:syw LSceve02.PC Enclosures cc: Honorable Stephen K. Yamashiro, Mayor Mr. Lawrence L. Stevens Ms. Charlynn L. Stevens Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources } r BSteve0l.emm- I I \08\\96 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LAWRENCE L. STEVENS CHANGE OF ZONE APPLICATION (REZ NO. 96-16) Lawrence L. Stevens has submitted an application for a Change of Zone for approximately 49,700 square feet of land by changing the district classification from Agricultural (A-la) to Single Family Residential (RS-10). The property is located on the west side of Lindsey Road, approximately 250 feet north of Waimea Park at Waimea, South Kohala, Hawaii, TMK: 6-5-7:25. GENERAL INFORMATION 1. Landowner: Lawrence L. Stevens and Charlynn L. Stevens are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicant proposes to change the zone from an Agricultural-1 acre (A-la) to a Single Family Residential-10,000 square foot (RS-10) zoned district. The primary reason for the request is to subdivide the subject property into two (2) lots. The applicant does not intend to sell the lots. Under the proposed zoning, single family dwellings would be allowed. 3. Objectives: "Our proposal for change of zone and later subdividing, to allow both owners to erect their own dwelling falls within the parameters set by the county." 4. Additional information: The applicant has submitted the following in support of the request: (See Exhibit A -Applicant's Statement) STATE AND COUNTY PLANS 5. SLU: Urban 6. General Plan LUPAG MAP: Medium Density Urban Development, which allows for village and neighborhood commercial and residential and related functions (3-story commercial; residential---up to 35 units per acre). Attachment to C-62/Bill 17 G_~2 CH/!/ 7. 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 South Kohala. 8. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Socio-Cultural Advancement (Housing) objectives and policies. 9. Waimea Design Plan: The land use guidelines articulated in the Waimea Design Plan suggest the subject area be maintained for Medium Density Urban developments. 10. County Zoniug: Agricultural-1 acre (A-la). 11. SMA: The subject property is not situated within the Special Management Area boundary. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The subject property is rectangular in shape. There is presently (1) single family dwelling located on the property. The elevation of the site ranges from 2470 to 2530 feet above mean sea level. 13. USDA Soil Type: According to the U.S.D.A. ,Soil Conservation Service's Soil Survey Report, soils within the area are of the Waimea series, which consist of well-drained very fine sandy loams that formed in volcanic ash. The surface layer and subsoil are about 17 and 25 inches thick, respectively. The subsoil is underlain by weathering hard basalt bedrock. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. The land has a 6 to 12 percent slope. The area receives from 25 to 45 inches of rainfall annually. 14. Land Study Bureau Soil Rating: The Land Study Bureau 's Overall Master Productivity Rating for soils within the subject area is Class "C" or "Fair". 15. ALISH Map: Other Important Agricultural Land. 16. FIRM: Flood Insurance Rate Map indicates the project site is located outside of the 500-year flood plain (Zone X). -2- 17. Flora and Fauna: The site has been cleared. Therefore, the proposed development should have no further impacts on flora or fauna in the area. No endangered or rare species are known to inhabit the site. 18. Surrounding Zoning/Land Uses: Surrounding land uses include single family dwelling, Waimea Park, commercial activities, and other vacant lands. The southeastern portion of the property abuts land zoned CV-7.5. The adjacent lands to the north are zoned RS-10 and [o the south are zoned A-la. The lands on the opposite side of Lindsey Road are zoned RS-7.5. Approximately 350 feet north of the subject property are lands zoned RS-15. PUBLIC FACILITIES AND UTILITIES 19. Access: Access to the property is from Lindsey Road, which is a 60-foot right-of way with approximately 18 feet of pavement. 20. Water: Water service is available to the property. 21. Other essential utilities and services: Other essential utilities are available or will be made available to the subject property. A N IE COMMENTS 22. Department of Education (June 28, 1996 Letter): "The Department of Education has reviewed the subject application and has determined that the proposed change of zone application will have no enrollment impact on the schools in the area.' "Thank you for the opportunity to respond to the application." 23. Land Use Commission (June 18, 1996 Letter): "We have reviewed the subject application transmitted by your memorandum dated June 13, 1996, and find that [he subject parcel is located within the State Land Use Urban District.' "We have no further comments to offer at this time. We appreciate the opportunity to comment on this application.' "Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 587-3822." -3- 24. Fire Department: (See Exhibit B -June 24, 1996 Memo) Applicant's Response: (See Exhibit C -July 16, 1996 Letter) 25. Police Department (June 21, 1996 Memo): "We have reviewed the application for a change of zone and do not believe the request will negatively impact traffic or safety conditions in the area." 26. Real Property Tax Office (July 1, 1996 Memo): "There is no agricultural use on the subject property. The taxes are current." 27. Department of Water Supply: (See Exhibit D -June 21, 1996, Exhibit E -July 24, 1996, Exhibit F -August 19, 1996 Memos) Applicant's Response: (See Exhibit G -July 16, 1996 Letter) 28. Department of Transportation (June 27, 1996 Letter): "Thank you for consulting us. The proposed zone change will not significantly affect State highway facilities." 29. Department of Public Works (October 21, 1996 Memo): "We have reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. 4. The proposed roadway must conform to County standards. The sight distance must meet the requirements of the Statewide Design Manual. 30. Department of Land and Natural Resources-Land Division (June 26, 1996 Memo): "We have no comments." -4- 31. Natural Resource Conservation Service (July 24, 1996 Letter): "The applicants have stated that they are unaware of any flooding problem, however there is a history of localized runoff affecting the immediate area. "Properties identified by TMKs 6-5-07: 78,79,80,81, and 83 have a drainage easement to control runoff water from the areas above. The applicant's parcel is on the same grade as the neighboring lots and may be subject to a similar hazard. "Thank you for the opportunity to review this application." Applicant's Response: (See Exhibit H -August 20, 1996 Letter) AGENCIES - NO RESPONSE 32. Parks and Recreation and Department of Health PUBLIC COMMENTS 33. The Department has no[ received any objections from the general public or adjacent property owners. -5- 1 ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to suodivide 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? 49,700 Sq. Ft. b. Into what lot sizes? RS - ]p c. If your request is approved, approximately how long after the date of approval do you expect to suomit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: On how many of those lots? _2- At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 yr. If you intend to subdivide, please suomit a preliminary schematic subdivision plan together with your change of zone application form. EXHI~dT 1 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? N /A c. .Sell or lease the land to someone who has no plans? N A d. Keep it? N/A e. Other (please state) f. If you intend to ao 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? It will provide additional housing for our children. 4. Are there any buildings on the subject area? Yes If so, what kind? One family dwelling. what do you intend to do with those buildings if your request is approved? Home Improvement -2- 5. Is the subject land currently being used for any agricultural activitity? ~ If so, please list the kinds of produc*_s grown and on how many square feet or acres of lano per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools -~c- b. Roads x c. Sewer x d. Drainage x e. Police Protection x -3- Yes No f. Fire Protection x g. Recreational Facilities X h. Public Utilities X i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: s Address: p,0. Box 832 Kamuela. HI 96743 Telephone: ~RnR~ RR~j _C]~jdR Date: October 3, 1995 -4- 6337A/SOA P.D. 5/84 COUNTY OF HAWAII PLANNING DEPARTMENT 4. The General Plan Land Use Pattern for TMK:6-5-007:25 is designated as a medium density area. Our intended single-family residential use falls within this category. The goals, policies and standards, as set forth for such development, such as "to re-habilitate a deteriorating single-family residential area, or to provide convenience being located to public and private services, shopping and other community related activities." Under which policies for the county would "review and amend if necessary landuse ordinance and codes to include considerations for rural-style residential subdivision in appropriate locations." Such standards such as having basic improvement and the necessary amenities would be adhered to the area, "shall be limited to low-density and medium- density residential uses. Our proposal for change of zone and later subdividing, to allow both owners to erect their own dwelling falls within the parameters set by the county. 5. To the best of my knowledge; there are no archaeological sites on the property. There has never been a problem with drainage and there are no unique floral and fauna species that have been found on this noted lot, TMK: 6- 5-007:25. An additional roadway, would add two additional cars commuting down the roadway. OOONt~ Or M„01 Nelson M. Tsuji Firr Ch' Stephen K Yanashiro ~ 1ef Mayor _ _ Edward Bumata} ar +e<'•~ • Deputy Fire Chid "r•O~~N1M K1.IIlI1Tf~1 II~ ~tT~1T~IT1 FIRE DEPARTMENT 777 Kilauea Avenue • Mall lane, Room 6 • Hilo, Hawaii 96720-0239 (8081961-8297 • Fax (808) 961-82% June 24, 1996 6~ v G `~,-c r r, ` - N i.'_ To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief y ~ i; ~ SUBJECT: CHANGE OF ZONE APPLICATION (REZ 96-16) O APPLICANT: LAWRENCE L. STEVENS ~ REQUEST: A-la TO RS-10 TAX MAP KEY: 6-5-7:25 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). ._`t '~_r. +~XHIBIZ ~ To: Virginia Goldstein, Planning Director Page 2 June 24, 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 June 24, 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." (150) "(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 June 24, 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.-TSU Fire Chief NMT/mo ' - July 16, 1996 96 ~UL j g P~ . PLANhI,;~; _ 1 3y Mr. Nelson M. Tsuji C~UNrr ~r Hq;yr,r1 Fire Chief Fire Department -County of Hawaii 777 Kilauea Avenue Hilo, Hawaii 96720 Dear Mr. Tsuji; Pursuant to your letter of June 24, 1996 regarding the Fire Departments requirements in the Fire Code, we will comply with the standard code requirement If you have any further questions, please do not hesitate to contact me at 325- 5044 or my wife, Sydney at 885-3557. Sincerely yours, ~i'~ Lawrence L. Stevens /cc: Virginia Goldstein ,V/ Planning Director EXHIBIT ~ ~73~F. ~C' WI~(4 V~ jai II` ~ 11 r; DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ~ " I r 1~~ 2 6 A U P U N I S TREE T H I L O. H A W A I I 9 6 7 2 0 TELEPHONE I806)969~1421 FA% 180619696996 June 21, 1996 G ~ ~ v l i ^ CJ i 'O T0: Planning Department - ~ - r' FROM: Milton D. Pavao, Manager O SUBJECT: CHANGE OF ZONE APPLICATION N0. 96-16 APPLICANT - LAWRENCE L. STEVENS REQUEST: A-la TO RS-10 TAX MAP KEY 6-5-7:25 We have reviewed the proposed change of zone application. Water can be made available from an existing 6-inch waterline along Lindsay Road fronting the property. 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 one additional lot requested in the proposed two-lot subdivision development, the required water commitment deposit is $150.00. Remittance by the applicant of the $150.00 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. Installation of a service lateral that will accommodate a 5/8-inch meter to the additional lot, and 2. Remit the prevailing facilities charge, which is subject to change, of $2, 700.00. EXHIB ~T ~A/ ~ I/Vafc r rcnt~.~ ~~ro~r¢S6 ~ n.. . u1 WU4 ~ 1(^ if`` If DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ,~Ul MI w111'~' 25 AUPUNI STREET • HILO, HAW qI 96720 TELEPHONE (8081969~1a21 FAX (808)969-6996 July 24, 1996 G o.l/~ r A^ r , ~~r T T Mr. Lawrence L. Stevens ~ , G P.0. Box 832 Kamuela, HI 96743 % CHANGE OF ZONE APPLICATION N0. 96-16 TAX MAP KEY 6-5-7:25 This is in response to your letter of July 16, 1996. We have no objections to your request for a second service to the existing lot. Our memorandum of June 21, 1996 to the Planning Department shall be revised as follows: 1. Revise the required water commitment deposit in paragraph three (3) from $150.00 to $300.00 for the two additional services. 2. Revise Item 1 from a 5/a-inch meter to the additional lot to a 5/a-inch meter to each lot or proposed additional dwelling, and the facilities charge in Item 2 from $2,700.00 to $5,400.00. Milton D. P ao, P.E. Manager WA:Io copy - Planning Department "1'~lp EXHIBIT Ul/afer brint~~ rro~reds . Page 2 June 21, 1996 Should the applicant have any questions, please call our Water Resources and Planning Section at 969-1421. a Milton D. Pavao, P.E. Manager WA Att. copy - (w/att.) Mr. Lawrence L. Stevens M/f(~ l~ r~~ !1` If DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 25 AUPU NI STREET HILO, HAWAII 96720 TELEPHONE (8081969~1a21 FAX 180819696996 August 19, 1996 ~ Mr. Lawrence L. Stevens P.0. Box 832 ~ -o Kamuela, HI 96743 ~ ~ T',`! z OcS` CHANGE OF ZONE APPLICATION N0. 96-16 TAX MAP KEY 6-5-7:25 This is to acknowledge receipt of the required $300.00 water commitment deposit for the subject application. We are enclosing Receipt No. 155863 for your files. In accordance with the Department's "Water Commitment Guidelines Policy," water commitment for 2 additional units in the proposed 3-unit development in the amount of 1,200 gallons per day is, hereby, granted until August 31, 1999. Should the subject application 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. service laterals that will accommodate an additional 5/8-inch meter to the existing lot of record and one to the additional lot, and b. submit construction plans prepared by a professional engineer, architect or land surveyor registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance, which is subject to change, of $5,100.00. For your information, the total facilities charge requirement, which is subject to change, is $5,400.00. Effective July 1, 1997, the total required facilities charge will increase to $6,750.00 and facilities charge balance to $6,450.00. However, the total w~at~ ~g~tment deposits paid to date is /~1"fllttSS r,~5~~ UVafer.Jarir ~i7sro~r¢6d... Mr. Lawrence L. Stevens Page 2 August 19, 1996 $300.00. Water commitment deposits are crzditzd towards the final facilities charge requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount, for example, when requests for time-extensions continue and are approved. Until the development is finally completzd, thzsz 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 $5,100.00. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordancz 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:cmk Enc. copy - Planning Department Customer Service Sections (Hilo, Waimea, Kau, and Kona) ~.C. July 16, 1996 ~6 JU( 18 1 3~ COU1 T/y r~F l~ ~ ~yAll Mr. Milton D. Pavao Manager DEPARTMENT OF WATER SUPPLY County of Hawaii 25 Aupuru Street Hilo, Hawaii 96720 Dear Mr. Pavao, Pursant to your letter of June 27, 1996, it is my understanding, per approval of proposed change of zone and later subdivision, one water meter is required per dwelling. It is our intent to erect another dwelling on our lot, which would require another water meter. I am asking for a revised letter, with revised cost allowing a second service to our existing lok If you have any further questions., please do not hesitate to contact my wife, Makani at 885-3557 I would appreciate your attention to this matter. Sincerely yours, awrence L. Stevens cc: Virginia Goldstein Planning Director r ,~~'~3~ EXHttiti' ~G' August 20, 1996 ~G c Mr. Gary K. H.Kam oo ~ c~ District Conservationist G1 ~ r A NATURAL RESOURCES CONSERVATION SERVICE P.O. Box 1089 f Kamuela, Hawaii 96743 ~ RE: CHANGE OF ZONE APPLICATION A-la to RS-10 TMK: 6-5-07:25 Dear Mr. Kam: This is to acknowledge receipt of your letter of July 24, 1996. As mentioned, we are unaware of any flooding affecting our property of Tax Map Key 6-5-07:25. However, we have heard there has been has been localized runoff affecting the properties identified as TMKs 6-5-07: 78, 79, 80, 81 and 83. Should you have any further questions to the above mentioned, please do not hesitate to contact me at 325-5044 or my wife, Makani at 885-3557. Sincerely, Lawrence L. Stevens J cc: Virginia Goldstein -Planning Director EXHIBi'i .N, ~~'~~5~ e ~ APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPAR'T'MENT APPLICANT: Lawrence L. Stevens APPLICANT'S SIGNATURE: ~ DATE: 10/3/95 ADDRESS: P.O. Box 832 Kamuela, Hawaii 96743 r,rcm pppr,iCAroT'S INTERES'C IF NOT OWNER _ NL- _ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS ~~n TELEPHONE-BUSINESS: 325-5044 RESIDENCE: 885-9348 REQUEST: A - la TO RS - 10 (Existing zoning Propose zoning TAX MAP KEY: ~ _ 5 _ n07.025 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:LOt 2 (49,700 Sq. Ft.) LANDOWNER(S) : T.awren~ce L. Stevens ( 75~ ) a~n~dQ~C~,har~~lyn(n~}L~S~tevevs ( 25$ ) OWNER'S SIGNATURE//~_.~~ ~~'~~~%w"/~"'~" VG'~~~~o"DATE:10/3/95 1 May be by letter) AGENT: ADDRESS: P.O. Box 832 Kamuela, Hawaii 96743 TELEPHONE-BUSINESS: 325-5044 RESIDENCE: 885-9348 Please indicate to whom original correspondence and copies should be sent. ORIGINAL Lawrence L. Stevens COPIES Charlynn L. Stevens P.O. Box ox Kamuela, HI 96743 Kamuela, HI 96743 (See Instructions in Back) C- l01 CH,"! ~ 11 P r" ri ,.t'%~ r~ ~ c. _~o ~ ~ b ~ ~ v v~ ~ i ~ 9 ~ ~ O®,L oaf y ~y ~ ~ -pF ~ Z i ~'Q +w ~ n aw ~ ~ -~.9 r ~ ~ .K.~7P/~4AN/ iE'QiQ.O o~ ~ A V ~ A~ ~ ~ r 2 ~A~ ~ 3~d 4 ~ ~o ~ v ~o~uo~ ~ ~ ~ 03 Q~ EXHIBIT "A" LOT 2 LAND SITUATED ON THE SO[TTHWFSTERLY SIDE OF LINDSEY ROAD AT iVAIA¢A, SOUTH KOHALA, HAWAII BEING A PORTION OF GRANT 6295 TO J. LINDSEY, JR. (BEING ALSO A PORTION OF LOT 2, BLOCK 3 OF WAIMEA HOMESTEADS) Beginning at the East corner of this parcel of land on the Southwesterly side of Lindsey Road, the coordinates of which refereed to Government Survey Triangulation Station "WEST BASE" being 983.39 feet South and 3,133.41 feet West and running by azimuths measured clockwise from true South: I. 55° 09' 471.70 feet along Grant 7246 to Sam Kaapuni; 2. 114° 20' 119.80 feet along Grant 6302 to K. Lindse}•; 3. 232° 46' 30" 438.50 feet along remainder of Grant 6295 to J. Lindsey, Jr.; 4. 325° 09' 81.06 feet along remainder of Grant 6295 to J. Lindsey, Jr.; 5. 235° 09' 95.00 feet along remainder of Grant 6295 to J. Lindsey, Jr.; 6. 325° 09' 40.00 feet along the Southwesterly side of Lindsey Road to the point of beginning and containing an area of 49,700 square feet. BEING-the premises conveyed to the parties herein by Warranty Deed dated Aril 28 1993 and recorded in the Bureau of Conveyances of the State o Hawaii as Document No. •93-073713 SUBJECT, HOWEVER, to all easements, encumbrances, restrictions and reservations which appear of record. . ti t LINDSAY ROAD '<r _ .lam o~ ro 983.39 S a °'o ~ 3,133.41 W o WEST BASE" p ~o Lot 2 A Lot 1 U °o 32S 09' 81.06 r 0 N p Lat 2-B ~d 1~ p t0 Jr• 62 d e/ ti ~ o din C ~ Grant h John i Laf 2-C u~ n`", w (31,860 Sq. Ft) i. ~ rn - v / o ~ ~ o r v~ ~ ~ ~ Lot 2 ~ ° S 49, 700 Sq. Ft ~ ~ R-o Zoning Alo 1 Lot 2-0 - _ _ ~.J c.~ O (17,840 Sq. FL) rn ,,g 20' ti~4 Preliminory Plan Shy-,~~~~ _ Lot 2 Portion o! Grant 6295 to J. Lindsey, Jr. at Waimea, South Kohala, Hawaii T.M.K 6-5-07 parcel 25 3rd Div. 1 ~ ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to suodivide 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? 49,700 Sq. Ft. b. Into what lot sizes? RS - 1'~ 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? 6 months d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: On hew many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 yr. 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? N /A c. Sell or lease the land to someone who has no plans? N/A d. Keep it? N A e. Other (please state) f. If you intend to dv 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? It will provide additional housing for our children. 4, qre there any buildings on the subject area? Yes If so, what kind? One family dwelling. What do you intend to do with those buildings if your request is approved? Home Improvement -2- ~ 5. Is the subject land currently being used for any agricultural activitity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools b. Roads R X c, Sewer d. Drainage R e. Police Protection X -3- ~ Yes No f. Fire Protection x g. Recreational Facilities X h. Public Utilities X i. Other For those checked ~~yes,~~ please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~-G-- Address: p.0. Box 832 Kamuela. HI 96743 Telephone: ~ RnR~ $RF_g7dR Date: October 3, 1995 -4- 6337A/SOA P.D. 5/84 COUNTY OF HAWAII PLANNING DEPARTMENT 4. The General Plan Land Use Pattern for TMK:6-5-007:25 is designated as a medium density area. Our intended single-family residential use falls within this category. The goals, policies and standards, as set forth for such development, such as "to re-habilitate a deteriorating single-family residential area, or to provide convenience being located to public and private services, shopping and other community related activities:' Under which policies for the county would "review and amend if necessary landuse ordinance and codes to include considerations for rural-style residential subdivision in appropriate locations." Such standards such as having basic improvement and the necessary amenities would be adhered to the area, "shall be limited to low-density and medium- density residential uses. Our proposal for change of zone and later subdividing, to allow both owners to erect their own dwelling falls within the parameters set by the county. 5. To the best of my knowledge; there are no archaeological sites on the property. There has never been a problem with drainage and there are no unique floral and fauna species that have been found on this noted lot, TMK: 6- 5-007:25. An additional roadway, would add two additional cars commuting down the roadway. SURROUNDING PROPERTY OWNERS TO TMK: 6-5-007:25 (Lawrence L. Stevens and Charlynn L. Stevens) 6-5-007:1 State of Hawaii 6-5-007:19. Tetsuji & Harumi Harada State Capitol P.O. Box 353 Honolulu, HI Kamuela, HI 96743 6-5-007:2 County of Hawaii 6-5-007:20 Sandra H. H. Pleskacz et al 25 Aupuni Street 1069 Spencer St., Apt. 1103 Hilo, HI 96720 Honolulu, HI 96822 6-5-007:3 Hawaii Preparatory Academy 6-5-007:21 Sumio & Janet Nakada P.O. Box 428 P.O. Box 393 Kamuela, HI 96743 Kamuela, HI 96743 6-5-007:4 Hisao & Elizabeth Kimura 6-5-007:22 Yaeko Ota P.O. Box 132 P.O. Box 44 Kamuela, HI 96743 Kamuela, HI 96743 6-5-007:5 Hawaii Preparatory Academy 6-5-007:23 Various Owners P.O. Box 428 Kamuela, HI 96743 6-5-007:12 Hawaii Preparatory Academy 6-5-007:24 County of Hawaii P.O. Box 428 25 Aupuni Street Kamuela, HI 96743 Hilo, HI 96720 6-5-007:13 Beatrice M. Shimamoto et al 6-5-007:26 Richard A. Arakaki 94-469 Noholoa Loop 264 Mokauea Street Mililani Town, HI 96789-2414 Honolulu, HI 96819 6-5-007:14 Kikuno & Kikuyo Karimoto 6-5-007:27 Walter Child, Jr. P.O. Box 102 P.O. Box 23318 Kamuela, HI 96743 Honolulu, HI 96822 6-5-007:15 Sumio & Janet Nakada 6-5-007:49 James Lindsey P.O. Box 393 P.O. Box 132 Kamuela, HI 96743 Kamuela, HI 96743 6-5-007:16 Gene & Violet Mitsunami 6-5-007:50 Richard J. Terminello P.O. Box 374 P.O. Box 1800 Kamuela, HI 96743 Kamuela, HI 96743 6-5-007:18 Richand N. Hanano 6-5-007:51 Niroku Dochin P.O. Box 88 P.O. Box 134 Kamuela, HI 96743 Kamuela, HI 96743 SURROUNTING PROPERTY OWNERS TO (continued) TMK: 6-5-007:25 Page Two 6-5-007:52 Hajime Dochin 6-5-004:50 Frank W. Hustace, Jr. P.O. Box 1283 1210 Auahi St., Suite 121 Kamuela, HI 96743 Honolulu, HI 96819 6-5-007:53 Hawaii Preparatory Academy 6-5-004:59 Robert & Ann Rediske P.O. Box 428 HC02 Box 5445 Kamuela, HI 96743 Kamuela, HI 96743 6-5-007:58 Roberta Lindsey 6-5-004:68 Sally Wooddell P.O. Box 854 P.O. Box 1119 Kamuela, HI 96743 Kamuela, HI 96743 6-5-007:78 Ralph & Priscilla Yawata 6-5-004:69 Sally Wooddell P.O. Box 2030 P.O. Box 1119 Kamuela, HI 96743 Kamuela, HI 96743 6-5-007:79 Kenneth & Linda Williams P.O. Box 2126 Kamuela, HI 96743 6-5-007:80 Arakaki Electric, Inc. 264 Mokauea Street Honolulu, HI 96819 6-5-007:81 Joyce S. Arakaki 264 Mokauea Street Honolulu, HI 96819 6-5-007:83 Richard Arakaki 264 Mokauea Street Honolulu, HI 96819 6-5-004:29 Catherine M. Hustace c/o Frank W. Hustace, Jr. 1210 Auahi St., Suite 121 Honolulu, HI 96819 6-5-004:30 Frank. W. Hustace, Jr. 1210 Auahi St., Suite 121 Honolulu, HI 96819 6-5-004:31 Kawaihao Church 957 Punchbowl Street Honolulu, HI 96813