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HomeMy WebLinkAboutCOM 0277.000 2002-2004 (2) BOneKeaMooersREZ-5/20/03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GREGORY R. MOOERS CHANGE OF ZONE APPLICATION (REZ 03-006) GREGORY R. MOOERS has submitted an application for a Change of Zone by changing the district classification from Resort-Hotel (V-1.25) to Single-Family Residential (RS- 10) for 20,660 square feet of land. The property is located on the makai side of Puako Beach Drive in Puako Beach Lots, Waimea, Lalamilo, South Kohala, Hawaii, TMK: 6-9-3: 15. APPLICANT'S REQUEST 1. Request: The applicant is proposing to re-designate 20,660 square feet of land from Resort-Hotel (V-1.25) to Single-Family Residential (RS-10) to subdivide the parcel into two approximately 10,000-square foot lots for the construction of two single-family dwellings on the site. The applicant is requesting the change of zone because the minimum lot size in a Resort-Hotel (V-1.25) zone is 15,000 square feet and does not allow the property to be subdivided. The property is owned by One Kea Hui, LLC. Managing Members Mc Blasdell and Donna Blasdell have consented to the request. (See Exhibit A -Change of Zone application) STATE AND COUNTY PLANS 2. State Land Use Designation: Urban. 3. General Plan Consistency: Land Use, Economic and Housing elements. 4. GP Land Use Pattern Allocation Guide (LUPAG) Map: Resort. (The General Plan LUPAG Map amendment pending before the County Council proposes to change the designation of this urea from Resort to Low Density Urban) 5. County Zoning: Resort-Hotel (V-1.25). 6. Coastal Zone Management, Chapter 205A, HRS: The entire State of Hawaii lies within the Coastal 'Lone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management -1- A~TAC1~: G-277 (L111 277) area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 7. Special Management Area: The property is situated within the Special Management Area (SMA). The applicant will file a SMA Assessment application upon the final approval of this request and subdivision of the property. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is an approximately 20,660-square foot vacant oceanfront parcel located on the makai side of Puako Beach Drive, north/northwest of the Puako Apartments. The site is vacant and has been previously grubbed and graded as part of the development of the area and to accommodate a dwelling previously located on the site. The minirrium building site average width in the RS-10 zoned district is 70 feet. The subject property is approximately 105 feet wide at the mauka boundary and 133 feet wide at the makai boundary. If the property were subdivided into two parcels, the average building site width would be approximately 60 feet. As such, the applicant will be required to apply for a variance from the minimum building site average width. 9. Surrounding Land Uses/Zoning: There are single-family, multiple-family, and commercial uses in the surrounding area. Along Puako Beach Drive to the west are lands zoned RS-10 with single-family uses. The adjacent property to the west is zoned V-1.25 and improved with asingle-family dwelling. Properties to the east are zoned V-1.25 with single-family dwellings and storage facilities. The Puako Beach Apartments are located south/southeast of the subject property across Puako Beach Drive on lands zoned V-1.25. Southwest of the property is a lot zoned CV-15, site of the Puako Store. 10. Elevation: The property is level with no grades above five per cent. 11. U.S.D.A. Soil Typc: Kamakoa Series, very sandy loam, 0 to 10 percent slopes. This soil is rapidly permeable, runoff is slow, and the erosion hazard is slight. 12. Land Study Bureau's Productivity Rating: Urban. 13. FIRM: Zone "AE", flood zones subject to the 100-year flood. -2- 14. Flora/Fauna: On March 12, 2003, a botanical survey was conducted on the subject property by Phillip Conley. The survey did not identify any endangered plant or animal species. As the property has been previously grubbed and graded, and given the property's urban setting, no known rare, threatened, or endangered species inhabit the parcel or are expected to be discovered on the site. 15. Archaeological/Cultural/Historical Resources: No archaeological inventory survey has been prepared, as the property was previously grubbed and graded as part of the development of the Puako Beach Lots Subdivision. The site has been disturbed for previous residential uses. In their letter dated May 13, 2003, the State Department of Land and Natural Resources Historic Preservation Division has indicated that the subject property has been previously grubbed and graded, and no historic properties will be affected by this request. No valued cultural or historical resources exist on the site. As no traditional and customary Native Hawaiian rights are exercised on the site, the proposed action wil I not affect traditional Hawaiian rights. The exercise of traditional rights in the public shoreline area fronting the property should not be disturbed by this rezoning. 16. Recreational/Visual Resources: The proposed use of the subject property will not negatively impact recreational resources and visual resources to or from the shoreline. No scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 17. Public Access: There is an existing public access adjacent to TMK: 6-9-3: 18 to the Kawaihae side of the property and adjacent to TMK: 6-9-3: 10 to the Kona side of the property within close proximity to the property. There is good lateral access within the public shoreline area fronting the property. As such, mauka-makai access as well as lateral public access can be accommodated. The property is not used for access to the mountains and no access to these areas will be impacted by the proposed action. UTILITIES AND SERVICES 18. Access: Access to the property is from Puako Beach Drive, aCounty-owned and maintained roadway with a 2l1-foot wide pavement within a 40-foot right-of--way. It is -3- substandard based on width. Puako Beach Drive connects to the Queen Kaahumanu Highway, which is State-owned and maintained. 19. Water: Water is available from the existing Department of Water Supply system on Puako Beach Road. 20. Sewage/Wastewater: As there is no municipal system fronting the subject property, sewage will be disposed of in individual wastewater treatment systems approved by the Department of Health. 21. Utilities and Services: The nearest police substation, fire and emergency services are located on the Queen Kaahumanu Highway near the entrance to the Mauna Lani Resort, approximately three miles from the site. Electric and telephone services are available to the site. AGENCIES' COMMENTS 22. Department of Public Works: (See Exhibit B - Apri129, 2003 Letter) 23. Department of Land and Natural Resources Historic Preservation Division: (See Exhibit C -May 13, 2003 Memo) APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 24. (See Exhibit D -Applicant's May 5, 2003 Letter) AGENCIES - NO COMMENTS OR OBJECTIONS 25. Police Department, Fire Department, Department of Environmental Management AGENCIES - NO RESPONSE 26. Department of Water Supply, Civil Defense Agency, Real Property Tax Office, Office of Housing and Community Development, DLNR -Land Division, Department of Health, State Land Use Commission, Natural Resources Soil and Conservation Services PUBLIC COMMENTS 27. The department has not received any written comments or objections from the community on the request. -4- ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes if yes, please answer the rest of question 1 and then to question 3. a• How many a~:res of the requested area do you intend to subdivide? alt b. Into what lot sizes? 1Q,000 c. if your request is approved, approximately how long after the date of approval do'you expect to submit your subdivision plans to the Planning Department for preliminary approval? 30 days d. Do you intend to build houses on the newly created lots? yes if yes, please answer the following questions: on how many of those lots? 2 At what approximate price range? House not for I Lots sale Total 0 Appro~:imately how long, after approval of the subdivisron, would the first house be available fo.r occupancy? [year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTIv11~~I,T,~ (Type or legibly print the requested info rrl~f~~n~l Ail 9 33 F~~f~_r:~;;~ ~ ~,,,,~1~~~Erv~r ~ APPLICANT: Gregory R. Mooers CUUf~~I G ! I;.','All APPLICANT'S SIGNATURE: y~-JL~ DATE: 3/14/03 Mooers Enterprises, LLC U A DDRESS. P.O. Box 1101Kamuela, Hawaii 96743 LIST APPLICANT'S INTEREST' IF NOT OWNER: Agent for Owner LIST PRINCIPAL(S) INCLUDING NAMES OF' MAIN OFFICERS: PxONE:(Bus.)sas-6a39 (Res.)sas-7126 (Fax)ass-157a LANDOWNER(S): One Kea Hui, LLC Mc Blasdell and Donna Blasdell Managing Members LANDOWNER SIGNATURES . y~p~ ( lJl~")1~Z~1sL~1'~Gf/LO~~~ATE:3/14/03 (May be by lette ~ LANDOWNER(S) ADDRESS: 66-1459 Ko Uka Place, Kamuela, Hawaii 96743 1 REQUEST: Resort (V-1.25) TO Single-Family Residential 10,000 sf (RS-]0) (Existing zoning) (Proposed Zoning) TAX MAP KEY: 6-9-3:15 STREET ADDRESS OF PROPERTY: Puako Beach Road 2v~GG~ SIZE OF PROPERTY OR AFFE('TED AREA(S) TO BE REZONED: ~-3;i91-square feet AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC Box 1]01 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) ass-~s39 _ (Res.)88s-71z6 (Fax)885-157a Please indicate to whom original currespondence and copies should be sent. ORIG[NAL: Gregory R. Mooers COPIES: Mc Blasdell (See Instructions on Reverse Side) E ~ H ~ ~ ~ >f' 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. Se11 or lease the land to someone who has tentative plans? - Sell or lease the land to someone who has xa plans? d. Keep it? e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land is another party. Do rou think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create two house lots for use as single-family residences. I, 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 rs approved:- -2- 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. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. • Do you think that. the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Ycs B• What sort of governmental assistance and/or improvements do you feel will be ?eeded in the subject area when developed? yes NQ a. Schools X -i b. Roads X Sewer X Drainage X police Protection X -3- Yes ~ f. Fire Pro'ection X g, Recreational Far_ilities X h. Public Utilities X ~ other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: pa„ Address: Box 1101 Kamuela, HI 96743 Telephone: 885-6839 Date: March 14, 2003 J 6337A/SOA _q_ P.D. 5/89 TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION CHANGE OF ZONE QiIESTIONNAIRE TABLE OF CONTENTS i I. INTRODUCTION A. GENERAL INFORMATION 1 B. SUBJECT RI;QUEST,'PROPOSED DEVELOPMENT 2 'y IL CONFORMANCE WITH STATE AND COUNTY PLANS A. State Land Use Laws 3 B. Applicable Goals/Policies and Objectives of the General Plan........ 3 C. General Plan Designation 6 D. County Zoning Code 6 E. Special Management Area 7 F. Chapter 20~A: Coastal `Lone Management Act 7 G. Mountain Access 7 III. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and F,nvironmental S'etting 8 Historic Resaurcrs 9 Cultural Resourcrs 9 Natural Resources (Flora-Fauna) ] 0 Social-Economic Chnractrristics l0 Surrounding Lan~ls 1 1 i IV. PUBLIC FACILITIES AND UTILITIES A. Access 11 B. Interior Roadways 1 1 C. Water Service 1 1 D. Utilities 11 E. Wastewater Disposal 1 1 F. Police Services 1 l G. Fire Services 1 I H. Public Recreation 1 1 I. Schools 11 V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity 12 B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact' ] 2 C. Alternatives to the proposed development 12 I« D. Irreversible azd irretrievable commitments of natural resources that would be involved if the proposed action is implemented 12 VI. PROPOSED FINDINGS 13 s'' VII. EXHIBITS t A. Botanical Survey B. I,ocation/Vicinity Maps C. Change of Zone Exhibit _ D. Site Photographs ii BACKGROUND AND COUNTY ENVIRONMENTAL REPORT CHANGE OF ZONE: RESORT 1,250 SF (V-1.25) TO SINGLE-FAMILY RESIDENTIAL 10,000 SF (RS-10) Tax Map Key: (3) 6-9-3:15 Lalamilo, South Kobala, Hawaii Owner: One Kea Hui, LLC Applicant: Gregory R. Mooers 1'he applicant, Gregory R. Mooers, on behalf of the landowners, One Kea Hui, LLC, (Managing Members: Mc and Donna Blasdell) is seeking a Change of 7_one from Resort 1, 250 square feet (V-1.25) to Single-Family Residential 10,000 square feet (RS-10) for a yv~~~o square feet parcel located at Puako Beach Lots, Lalamilo, South Kobala, Hawaii, Tax Map Key (3) 6-9-3:1 - This request is made to allow the development of two single-family residences for members of the Blasdell's immediate family. I. INTRODUCTION A. GENERAL INFORMATION: w The subject property is owned in fee by One Kea Hui, LLC, whose managing members are Me and Donna Blasdell. l B. SUBJECT REQUEST/PROPOSED DEVELOPMENT: ~~~~Ga 1. 'fhe applicants are proposing to change the zone for ai'-3,29-i square feet parcel from Resort 1,250 square feet (V-1.25) to Single-Family Residential ]0,000 square feet (RS-10) to allow the development of two single-family residences in conformance with the new zoning designation. 2. The site is presently vacant and unused. This site has been previously grubbed and graded as part of the development of the area and to accommodate a dwelling that was previously situated on the site. Please see the site photographs in the exhibits. 3. The subject property is located on the makai side of Puako Beach Road, just north of the Puako Condominiums near the east end of Puako. Please see the location map and change of zone exhibit in the exhibits. yo,~~a 4. The 2-3-2~k square foot lot is nearly rectangular in shape, with approximately 105.06 feet of frontage on the south (mauka) boundary, bordering Puako Beach Road and with ocean frontage of approximately 133 feet. The eastern boundary is approximately 182 feet from the shoreline to Puako Beach Road and the western boundary is approximately 202 feet from the shoreline to the roadway. Please see the change of zone exhibit. 5. Access to the parcel is from Puako Beach Road which connects to Queen Kaahumanu Highway. Puako Beach Road is County owned and maintained, Queen Kaahumanu Highway is State owned and maintained. See the change of zone exhibit for the 1 regional roadway alig~unent. - 6. There will be no interior roadways systems. 7. Utilities will be provided to the parcel from the area's existing infrastructure, an overhead line on Puako Beach Road. 8. Subdivision of the subject property will begin immediately after all govenmrental approvals for the change of zone are secured. 2 II. CONFORMANCE WITH STATE AND COUNTY PLANS: A. STATE LAND USE DESIGNATION: The State Land Use District Classification of the subject parcel is Urban. The proposed residential use is consistent with this classification. B. GOALS/POLICIES AND OBJECTIVES OF THE GENEKAL PLAN: ECONOMIC GOALS • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new. expanded, or improved economic opportunities that are compatible with the County's natural and social environment. POLICIES • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for full employment. 1 LANll USE J Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands iu _ the County in the best interest of the island's residents. GOALS • Designate and allocate laud uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 3 POLICIES • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS • The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad-brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. s They are long-range guides to general location and will be subject to: a) existing zoning; b) State Land Use District; and c) zone guide map and interpretation. Similarly, the acreages allocated represent alternatives for the various levels of economic activity and supporting functions, such as resort, residential, commercial and industrial activities. Land required for community and ~J governmental sere ices and programs as well as new towns and resort centers may be accommodated within the allocated acreages. • 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. 4 SINGLE-FAMILY RESIDENTIAL • Through careful examination and analysis of the present situation, the following goals, policies, and standards are set forth to guide the orderly development of single-family residential areas in the interest of the residents of the County of Hawaii. GOALS • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To rehabilitate and/or rebuild deteriorating single-family residential areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. ~ POLICIES • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • The County shall re-evaluate existing undeveloped single-family residential coned areas and reallocate zoned lands in appropriate locations. 5 • 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. STANDARDS • Areas shall have basic improvements and amenities necessary for immediate use. • Areas shall be limited to low-density and medium density residential uses. C. GENERAL PLAN DESIGNATION: _ The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban forni for areas within the County. 'The subject property is designated as Resort. Such a designation may include uses such "I as hotels, condominium-hotels and supporting services. While there is presently only one resorC type use in the area designated as resort on the LUPAG Map in Puako, there are many residential uses in this area. The Planning Director is d t;r ~4a' recommending that this Rcsori designation be changed to t~ec~tum dcnsity ~ residential in the on-going General Plan review that is now before the County Council. The proposed single-family use would be consistent with this designation. 1 ll. COUNTY ZONING CODE: The zoning for this parcel is Resort (V-1.25) This zoning would allow an eighteen- unit condominium project to be constructed. This request is to change the zone of the property to Sin:;le-Family Residential to allow the construction of two single- family residential units. 6 E. SPECIAL MANAGEMENT AREA: The subject property is located within the County's Special Management Area (SMA), and as such requires a SMA Assessment Application. Should the proposed change of zone be successful and the property subsequently subdivided, all provisions of Planning Commission Rule 9 will be adhered to. Subdivision of a parcel of land into four or fewer parcels when no associated construction activities arc proposed is not considered as development under Planning Commission Rule 9, section 9-4 10 B. (xiii). Single-family residences are not considered as development under section 9-4] 0 B. (i) of Rule 9. Should the Director make that determination, the construction of one home on each of the newly created lots would he exempt from further SMA permitting requirements. G. CHAPTER 205A: COASTAL ZONE MANAGEMENT ACT: The subject property is located near the shoreline, behind a parcel owned by the State of Hawaii, listed as a Government Beach Preserve on the tax maps. It is surrounded by a regional roadway system, resort, commercial and residential coning and uses. 1'he proposed residential use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. i H. MOUNTAIN ACCESS: ~ The subject property is surrounded by the regional roadway system, resort, commercial and rc~idential uses. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. 7 III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING Physical Characteristics/Environmental Setting: A. The subject property is located on the makai side of Puako Beach Road, just north of the Puako Condominiums near the east end of Puako. Please see the location map and change of zone exhibit in the exhibits. yo~GGo B. The ~3~-~-} square foot lot is nearly rectangular in shape, with approximately 105 feet of frontage on the south (mauka) boundary, bordering Puako Beach Road and ocean frontage of approximately 133 feet. The eastern boundary is approximately 182 feet from the shoreline to Puako Beach Road and the western boundary is approximately 202 feet from the shoreline to the roadway. Please see the change of zone exhibit attached. L. Annual rainfall for the area is less than 10 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, Station N0. 95.1 Puako, published by the Department of Land and Natural Resources. E. The site is virtually flat with no grades above 5%. Please see the site photographs in the exhibits. F. The site is presently vacant and unused. G. The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity oI hazard. The U. S. Geological Survey designates the subject property as Lava Hazard Zone 8; only a few percent of this area has been covered in 7 ~i the past 10,000 years. H. The site is located near the shoreline at the western end of Puako Bay. 1. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has not classified this area. J. The U.S.D.A. Natural Resources Conservation Services Soil Survey Report classifies the soil type as the K;imakoa soil series. It is Kamakoa very sandy loam, 0 to 10 percent slopes. This soil occurs as long, narrow areas along shallow, intermittent streams. The slope is dominantly 3 percent. 8 In a representative profile the surface layer is about 9 inches thick and consists of dark-brown very fine sandy loam and very fine sand. It is underlain by alternate layers of fine, medium, and coarse sand and gravel. At a depth below 30 inches, the layers commonly contain calcium carbonate. Basalt occurs at a depth of 4 to 6 feet. The surface layer is mildly alkaline, and the subsoil is mildly alkaline to very strongly alkaline. Permeability is rapid, runoff is slow, and the erosion hazard is slight. Roots can penetrate to a depth of 4 feet or more. This soil is high in fertility and is well supplied with bases. K. The Land Study Bureau's overall master productivity rating system classifies the soil as Urban-existing urban area. L. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the property is in Zone "AE-6", an area with coastal inundation 6 feet above mean sea level (msl). All improvements to be inhabited will be constructed above the 6' msl in compliance with all regulations of the Department of i Public Works. M. The applicants will abide by all applicable County guidelines for run-off generated by 1'`, the development. All improvements will comply with Chapter 27 of the County Code relating to Flood Hazard Control. Historic Resources: No archaeological inventory survey has been prepared for the project area, as the entire lot has been grubbed and graded as part of the developrrient of the Puako Beach Lots Subdivision. The site has been completely disturbed for previous residential uses of the property. Given the scope of work previously done on the subject parcel no historic resources remain. Please see the site photographs in the exhibits. Cuiturnl Resources: No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional I~lawaiian 9 rights, therefore no action is necessary to protect those rights. The access along the shoreline and any gathering or fishing taking place in front of this parcel on the Government Beach Reservation, will not be inhibited or impeded in any fashion. Nnturnl Resources (Flora-Fauna): A botanical survey was conducted on the subject property by Phillip Conley. Please see this survey in the exhibits. Given the scope of work previously conducted on the subject parcel and its urban setting, no known rare, threatened or endangered species are known to inhabit the parcel or are expected to be found on the site. Social-Ecoaonzic Charncteristics: Social settlement pattern for tl:e area: Puako was developed as a fishing area and beach homes used primarily as vacation or second homes. With the development of the resort industry and the improved infrastructure in the area, Puako now houses many principle dwellings for residents and second homes and vacation rentals for visitors to the island. Puako, along with the rest of South Kohala, has undergone significant change over the past two decades as resort development along the South Kohala coastline has grown and the base facilities for astronomy research have been developed in Waimea town. Economic resources of the area: The South Kohala Coast is home to world class resorts. Residents have Sound employment at the resorts on the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened and this has provided a number of employment opportunities in the health care and related fields. Hawaii Preparatory Academy and Parker School are valued resources for the area. Waimea is also the host sown for the headquarters of the Keck and CFH telescopes atop Mauna Kea. Lnnrl Values: According to knowledgeable Realtors in this area, similar 10,000 square foot lots in Puako sell for $1,000,000. 10 Surrounding Lands: Land Use/loving: The property to the east of the subject property is zone Resort (V 1.25), but has been utilized for single-family residences. The property to the south is zoned resort (V- 1.25) and used for a condominium project. There is also a parcel zoned Village Commercial (CV-151 that is used for the Puako Store. The properties to the west are the Puako Beach Lots ,which are zoned Single-Family Residential (RS-10) and used for single-family residences. IV. PUBLIC FACILITIES AND SERVICES A. The access to the subject property is from Puako Beach Road, a County owned and maintained roadway which connects to Queen Kaahumanu Highway, a State owned and maintained roadway. B. There will be no interior roadway. C. Water is available to the site from the existing Department of Water Supply system on Puako Beach Road. D. Utilities will be provided to the parcel from the area's existing infrastructure, overhead lines on Puako Beach Road. E. As there is no municipal system fronting the subject parcel, sewage will be disposed of via individual wastewater treatment systems approved by the State Department of j Health. _~i I. The nearest police substation is located on the Queen Kaahumanu Highway, near the entrance to Mauna Lani Resort. approximately two miles from the site. i~ G. The nearest fire station and emergency services are located on the Queen Kaahumanu Highway, near the entrance to Mauna Lani Resort, approximately three miles from the site. H. The nearest recreation facility is the Hapuna Beach State Park, one mile from the project site. I. The nearest public schools are in located in Waimea, approximately 12 miles from the project. site. 11 V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short- term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long- term consequences has been identified for the proposed action. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated r~ in accordance with agency requirements. C. Alternatives to the proposed deve/opment: One alternative to the proposed action would be to develop parcel based on the current V-1.25 zoning, which would result in eighteen (18) multiple-family units with associated infrastructure. This would have a far greater impact than the proposed two single-family units. D. Irreversible and irretrievable commitments of natural resources Uzat woutd be involved if proposed action is implemented: The construction of two single-family - units would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. 12 VII. PROPOSED FINDINGS Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. ~J :i 13 :al EXHIBIT A l Botanical Survey I } PHILLIP CONLEY BOTANICAL SURVEYS P.O. Boa 2319 Kamuela, Hi. 96743 Ph.808-885-4156 Mooers Enterprises 04/16/03 62-2038 Mahue St. Kamuela, Hawaii 96743 Dear Mr. Mooers: Here are the results of the botanical survey I did for you on the Blasdell Puako property on 03/12/03. The lot appears to have been completely cleared sometime in the past and now has only plants that came from nursery stock. During the survey, I saw no endangered plant or animal species. The following is a list of the plants on the property: SCIENTIFIC NAME COMMON NAME Plumeria obtuse Singapore pumeria Bougainvillea sp. Bougainvillea Plumeria rubra Mexican yellow pumeria Tournefortia argentea Tree heliotrope Samanea samma Monkeypod Hibiscus spp. (hybrid) Hibiscus Hibiscus braekenridgei Hibiscus Cocos mscifera Coconut Casuarina equisetifolia Ironwood i Thespesia populnea Milo J Calotropis gigantean Crown flower Paspalum vaginatum Seashore paspalum Hibiscus tiliaceus var. Hau Cordyline fruticosa Ti Ficus microcarpa Banyan Cascabelaperuviana Be-still tree Plumbago auriculata Plumbago Chrysalidocarpus h~tescens Golden-fruited Palm Strelitzia regime Bird of paradise Sin erely Yours: Phillip C, nley Biologist 111 ~:l ~ EXHIBIT B Location/Vicinity Maps I l _ `..'u u g z~~e_ i / I` o - ' sN s F ~ 3 ~ - ~ \ c at a ~L a ~ aV I a~ ~ W~ U • ~b ~ •+f e ~ s ~ ~ < 1 i a ~ d n i.' Z$ I ~ , 1 J b < b I i p i ~ ~ 1 ~ ~ ~~I ~ 1 Q 1 < ~ a I 0 i s i ~ d 4 ~ ~ r ~ti ~,vJ > `:i ~ ~ ~ ' i o y /X 5 ~ ~ ' ~ Q~ 10~ < L10 L ~laa4S'000-6-9£-86-L66L'IH'!!eh^eH - - - - ry~ '~J\'7 / < A Ft~' 9~~~ it ~"w:, Fl ,C / 2 x o s F d (fl /fJ) K Sn S~ / ~ T~l"1 DY ~ 5~ ~ T Z A h \ f fF"...~...a ~t.° 0 ~ O i e ~ ~ 3~. rv o w s~ 03 ~ z>~ J~: ~ ' I~ yrt ~Rr r° p ;,t• Q ~.r r'" j r'/ 'e'P F'~ r L O e ~ V. ` ( V t '~~dt ~ ~ e O ~ "sue ~S~~M^ij~f~ ~I, Q $ dO ~ 1 ~ ' ~3 d$S 3: t ~ ~ o j 31 e ...i,~ g , '3~ V a : i ~ R 7 R ~R ~t~=jXe Y! `m ~ 8 1 ~~O\1a~~ ; ~`:o ~r ~ R~ r ~ ib{ r! kR II h id _ r X33 t ~ +p ; i ` ~ g'yrR~S y-~' ~•'i S `3 1 i 2. ~i ~a~. 1i ~i 8 ~ i ~µ4~ ~ 0 ~u ~ "fln - Ilo-- ~ it "r~ ~ I® I n l~ v O ~ o f ~ - - - - _ e 1 io i-:~aauc 'cnn-a-oc-as-iaai 'lu 'uermeu i4 EXHIBIT C f Change of Zone Exhibit i 0 o ~ ~ t PUn,v aFpcH panv ~ ~ O ON Y 3 ' \ ~ Om oN H o w= m C.9 JV a~~ Q~ o'~~o Q .~N. ~ (n ~ J O p ~ ~ p O ~(\i~J Z OJO~ ~ ~a o oU ~ \ a r1 ~ Y o o, 3 U \~/1 s N ~ O ~ p O~ r ~'o ~ a ~e ~ ~so°~ ~ c~ C ~ 3 ~ ~i o c ~ o \~g~a==, J Q _ Ih I .J~9 ~ w ONOU HJY88 ONY/7d a v' °r N, WS01 ~ Of bB( _ Q Ut a 1 W I • 3 1 ' ~1 O h U ~ N ~ 2 2 h a ti _ V ' u $ ' ~ ~ ~ ~ Q H J p O ` I > y +I O I ~ ~ ~ ~ b u ~1 J b5 ~~SZ~ ~ ~ ~ Iii. ~ m i i ~ I. b T I O Y 2'~ ] ~I~I ii ~ ~ r 1 :EXHIBIT D ' Site Photographs ~i l EXHIBIT D Site Photographs ~ _ View of subject roperty from shoreline area. f ' Y"fig ~F~~. 0.• T t q~~ I ~ is ~j ~ c f i i p w 5~ _'1 `i View of coastline from subject property. EXHIBIT D Site Photographs ~1 ~ r _ vd~ ~~ti i li . Y M1. 3 ~ I '-.w' i ~ 'r ~ ' ~ ~ e ~f 5 1 -i -cS~ K 1' . i. , ~ i .gryyFy ~.qu'~4: { I ~ ~1 u p~~ ~ .aeN^'^""~13i ~ ~ d +w..'f P a§~, s:4 -_a~~~ . View of entry to property from Puako Beach Road. ~t~ ~.r . ,,''o; za Y yt,'. 6 Puako Beach Road with subject property on left. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ,.t,'~, r • "~i~''+~r~.' DATE: April 29, 2003 'n~~iii; Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief ~ Engineering Division SUBJECT Change of Zone Application (REZ 03-006) Applicant: One Kea Hui, LLC Location: Lalamilo, S. Kohala, HI TMK: 3 / 6-9-003:015 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. Flood Zone "AE", affects the subject parcel as designated by the Flood Insurance Rate Map (FIRM), dated September 16, 1988. Any new construction or substantial improvements will be subject to the requirements of Chapter 27 -Flood Control, of the Hawaii County Code. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. All driveway connections to a County road shall conform 4o Chapter 22, Streets and Sidewalks, of the Hawaii County Code. E ~ H 1 B I T Memorandum to PD April 29, 2003 Page 2 of 5 2. The applicant shall remove any encroachments or obstructions within the County right-of-way. 3. Puako Beach Drive, fronting the subject property, is a County road. It has an approximate 20-ft. wide pavement (in good condition), with gravel/grass shoulders, all within an approximate 40-ft. right-of-way. It is substandard based on width. Access to Puako Beach Drive Road, including the provision of adequate sight distances, should meet with the approval of DPW. Any vehicular driveway security gate shall be set back a minimum of 20 feet from the edge of pavement. In the interest of pedestrian and bicyclist safety, the applicant should, if required by DPW, provide a paved shoulder on Puako Beach Drive along the entire parcel frontage. Pavement transitions, signs and markings, drainage improvements, and relocation of utilities may be required. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO PLNG-KONA pt~o. ~~F...,'Yg4 LINDA LINGLE r 1, ~,~,R~~ GOVERNOfl of HAwqu ~~f "j PETER T. YOUNG _ V CMAIgPER50N 1 S., 3 BOARD OF LAND ANp NATURAL RESOURCES ~ COMMISSION ON WATER RE50Uq CE MgNgGEMENT ~I DAN DAVIOSON Za.,y 1, ~~I Ff}~~" I~11 t.. ~ p pEYUTY pIflECTOft-LANp ~~NC'SLO J~ VCp ~ ERNEST V.W. LAU STATE OF HAWAII DEPUTrpIREDrGR-WATER DEPARTMENT OF LAND AND NATURAL RESOURCES q°ugncRESOUgces BOATING AND OCEAN RECREATION BUREAU OF CONVErgNCES HISTORIC PRESERVATION DIVISION coMMlssION ON wgreR RESOURCE MArvgGEMENr KAKUHIHEWA BUILDING, ROOM 555 coNSeflvgnoN Arvo Res°ugces ENroaeEMENr ENGINEERING prey'-°" 601 KAMOKILA BOULEVARD FoRESrgr grvD wapuPE KAPOLEI, HAWAII 96707 nlsroRlc vgesERVgnoN KAHOOLAWE ISIANp gESERVE COMMISSION May 13, 2003 LAND STATE PARKS HAWAII HISTORIC PRESERVATION LOG NO. 2003.0409 DIVISION REVIEW DOC NO. 0305JK06 Applicant/Agency: Mooers Enterprises, LLC Address: P.U. Box 110 Kamuela, H[ 96743 Project: Chapter 6E-42 Review Change of Zone Application (REZ 03-006) V-LZS to RS-10 Location: Lalamilo, South iZohala, Hawaii Island Tax Map Key: (3) 6-9-3:15 1 . We believe there are no historic properties present because: a. intensive cultivation has altered the land b. residential development /urbanization has altered the land X _ c. previous gn~bbing/grading has altered land d. an acceptable archaeological assessment or inventory survey found no historic properties e. other: 2 This project has already gone through the historic preservation review process. _ a. mitigation has been completed b. other: X_ Thus, we believe that "no historic properties will be affected by this undertaking. Signed . ~ ~ r "1 L ;1; ~ Date - r~ - ' Hi'storic Preservation Divisfiird.LfCona .feanne M. Knapp FXH,~f~ G MOOERS ENTERPRISES, LLC P.O. Box i 1 O 1 I KAMUELA, HAWAII 96743 u 1 ° ,r . , ~~jrP4i'i4i~l ~~~':h May 5, 2003 0#•?'#:~ Mr. Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Re: Change of Zone Application (REZ 03-006) Request: Resort (V-1.25) to Residential 10,000 (RS-10) Tax Map Key: 6-9-3:15 Dear Mr. Yuen: four staff has faxed me cor~rmen[s from the Department of Public Works and asked that I respond. The applicant shall comply with all comments related to drainage and all improvements shall comply with Chapter 27-Flood Control, of the Hawaii County Code. All earthwork shall conform to Chapter 1~, Erosion and Sediment Control, of the Hawaii County Code and Chapter l 1-55, Water Pollution Coc+rol. Hawaii Administrative Rules, Department of Health. The driveway connection shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. The applicant shall remove any encroachments within the County right-of--way. The applicant does not agree with DPW's request to pave the shoulder of Puako Beach Road. This application is adown-zoning to RS-l0 from resort and dramatically reduces the development potential of the property. The existing grass Swale is consistent with all other residential properties in Puako and to require the applicant to pave this shoulder would be an unnecessary expense which would be inconsistent with the neighboring properties in ibis yui~[ dcau:~~~ :a~-.-,...-•.»• : rea.• Should you or your staff have any questions, or need additional information, please contact me directly. Sincerely, - ~~~v~e'~'Cts. Greg ' Mooers ' President URM_jy EXHI~I~ PHONE: (808) SB5-6839 I / FAX: (808) 885.7 574 ? EMAIL: GMOOERS@HAWAII.RR.COM