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HomeMy WebLinkAboutCOM 0478.000 2000-2002Harry Kim Mayor Dixie Kaetsu Managing Director Peter T. Young {t 2f�ty qFpging Director ji. County of Hawaii - 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fen61 i65BJ KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96% (808)329-5226 9 Fax (808)326-5663 January 9, 2002 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: Proposed Street Name - Hale Ke`eke`e Subdivision Ala Ke`eke`e Place Tax Map Key: 8-1-3:32-34; portion of 50 (SUB 7276) Amendment to Change of Zone Application (REZ 00-013) Applicant: Kam Center Specialty Corporation Request: Agricultural (A -20a) to Family Agricultural (FA -5a) Tax Map Key: 7-3-24:1 and 2 Change of Zone Ordinance No. 96-117 (REZ 715) Applicant: County of Hawaii — Dept. of Parks & Recreation Request: Amend Condition G of Ordinance No. 96-117 Public Park and Recreational Purposes Site(s) Tax Map Key: 6-2-1:9; 6-7-1:por of 25; 6-7-2:9, 48 & por of 17 & 6-8-l:por 1&8 `3tate Land Use 'Boundary Amendment Application (SLU 01-007) 'Request: Agn;�IUl€urural to Urban Change of Zone A- pplicat'on (REZ 0 1 -0 14) Request: Age euitural (A -5a) to Neighborhood Commercial (CN -10) Xpg icant: David S. DeLuz, Sr., Enterprises profit Sharing flan Tex Map Key. 7-3-5:Portion of 32 and 33 State Land Use Boundary Amendment Application (SLU 01-009) Request: Agricultural to Rural Change of Zone Application (REZ 01-017) Request: Agricultural (A -5a) to Residential & Agricultural (RA -2a) Applicant: Phil Delmer Tax Map Kew 6-2-11.8 8i /1,5 /.53 4 /Si/ Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 January 9, 2002 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, :tKHalm Mayor L120701 Enclosures cc: Planning Department Harry Kim Mayor County of Hawaii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 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 01-007) Request: Agricultural to Urban Change of Zone Application (REZ 01-014) Request: Agricultural (A -5a) to Neighborhood Commercial (CN -10) Applicant: David S. DeLuz, Sr., Enterprises Profit Sharing Plan Tgx Man Key: 7-3-5•PorliQn of 32 and 33 The Planning Commission, after a duly held public hearing on December 6, 2001, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to Urban District and to change the district classification from Agricultural (A -5a) to Neighborhood Commercial (CN -10) for approximately 3.20 acres of land. The property is located along the west (makai) side of Mamalahoa Highway, approximately 1,000 feet north of its intersection with Ka`iminani Drive, Kalaoa 4`h, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the State Land Use Boundary Amendment and Change of Zone: Sete Land Use Boundary Amendment The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to an Urban District and a Change of Zone from Agricultural (A -5a) to a Neighborhood Commercial (CN -10) for approximately 3.2 acres of land. The applicant intends to subdivide Lot 1 into lot sizes of 0.5 to 1.0 acre. The applicant plans to develop a retail and neighborhood commercial center with space for a fire and police substation. Other uses may include a seryice station, fast food restaurant and other retail services. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. Section 205-3.1 states that district boundary amendments involving lands of fifteen acres or less, shall be determined by the appropriate county land use decision making authority and shall not require consideration by the land use commission pursuant to Section 205-4. The standard of review for a boundary amendment consideration shall be given to the following: (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. No amendment shall be approved unless it conforms to the General Plan. (b) The extent to which the proposed reclassification conforms to the applicable district standards. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." Lot 1 does conform to this standard as it is proximate to the already urban subdivisions. 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 urban district and zone change from an Agricultural — 5 acres (A-5 a) to a Neighborhood Commercial -10,000 square feet (CN -10) zoned district conforms to the LUPAG Map, which designates Lot 1 and its immediately surrounding area for Urban Expansion uses. The General Plan defines Urban Expansion as an area which allows for a mix of high density, medium density, and low density, and industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. According to the Zoning Code, uses permitted within this zoned district may include offices, retail establishments, restaurants, business services, automobile service stations and other similar uses. Public uses, structures and buildings and community buildings are permitted uses, provided that the director has issued plan approval for such use. These uses are consistent with uses permitted within areas designated as Urban Expansion. Therefore, it is determined that the request is consistent with the Urban Expansion form depicted on the LUPAG Map for this area of North Kona. The Keahole to Kailua Development Plan, adopted by the County Council by Resolution on April 3, 1991, designates the area for Residential Expansion. The requested boundary amendment would be consistent with expansion of urban uses suggested by the Keahole to Kailua Development Plan. Therefore, it is determined that Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 the request is consistent with other land use planning documents for this area of North Kona. Lot 1 is situated within close proximity to the employment center of Kailua-Kona. The subject request for reclassification is for land located near the Keahole Airport, HOST Park, NELH area as well as the urban/retail/employment center of Kailua-Kona, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. Lot 1 is or will be provided with all utilities and services that are essential to accommodate urban development. The project site fronts Mamalahoa Highway which has an 80 -foot right-of-way and is under the jurisdiction of the Hawaii Department of Transportation. Therefore, the Department of Public Works has deferred comments to the Department of Transportation. According to the site plan submitted, access to the project site will be located along Mamalahoa Highway on the northern or Waimea side of Lot 1. Although the "Rezoning Exhibit" denotes an "existing road and utility easement" within Lot 1 along it's southern Kailua side boundary, there is contention that may not be a legally recorded easement. According to the Department of Transportation, a channelized intersection with a left -turn storage lane and right -turn deceleration lane must be provided at the project's access to Mamalahoa Highway. Although Lot 1 fronts a curve on Mamalahoa Highway, the sight distance was deemed adequate by a registered professional engineer. The applicant has stated that they will conduct a Traffic Impact Analysis Report (TIAR) as a condition of approval of the change of zone application. Access to Mamalahoa Highway and street lighting will be provided, meeting with the approval of the Department of Transportation. In addition, the Department of Transportation is requesting that a minimum 25 -foot highway widening and landscaping setback be provided along the project's frontage with Mamalahoa Highway. Except for the proposed access, the remaining property line should be designated as "No Access Permitted." This favorable recommendation will be conditioned upon the applicant providing these roadway and intersection improvements as may be required by the Department of Transportation. This condition will ensure that traffic generated by commercial use on Lot 1 will not have a significant adverse impact to traffic along Mamalahoa Highway. According to the Department of Water Supply, Lot 1 has a 1 -inch service lateral with a 5/8 -inch meter. Based on the prevailing water availability guidelines in the area, which are subject to change, an additional six units of water are available. The requested urban district and zoning, if approved, would allow the creation of up to 13 lots. With the creation of these lots, the additional required units of water will come from the adjacent property that the applicant owns. The applicant, however, has stated that they are in Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 negotiations with the Department of Water Supply to construct improvements to the County system that will accommodate this project. Wastewater generated by the proposed use will be disposed off via wastewater treatment systems approved by the State Department of Health. Police services are available from the County's Police Station at Kealakehe, approximately five miles from the project site. Fire and emergency services are available from the station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four miles from the site. Electricity and telephone services are currently available to the project area. Due to the relatively small size and nature of the proposed development, it is not anticipated that the project will generate increased impacts on area schools and parks. Lot 1 has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Flood Insurance Rate Maps (FIRM) indicate that Lot I is located in Zone "X", areas determined to be outside of the 500 -year flood plain. There are no significant drainage ways that adversely affects Lot 1. While there are no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off generated by the development. The Department of Public Works has recommended that a drainage study be prepared, and the recommended drainage system shall be constructed meeting with their approval. Thus, the reclassification does meet with the standard which states that the lands included within the Urban District "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While Lot 1 is currently within the State Land Use Agricultural and County's Agricultural (A -5a) zoned districts, they are not currently being used for active agricultural purposes. The State of Hawaii ALISH Map does not classify Lot 1 as agricultural lands of importance to the State. The Land Use Study Bureau's Overall Master Productivity Rating for soils within Lot 1 is "E" or "Very Poor." Therefore, the reclassification of this 3.2 -acre parcel from the Agricultural to the Urban designation will not be detrimental to the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona that has already been designated as the Urban Expansion core of Kailua-Kona by the General Plan. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for urban type uses. Furthermore, an Urban Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 classification would complement the existing and future commercial land use patterns of the surrounding properties in view of existing and proposed commercial developments within the immediate vicinity of Lot 1. Finally, it should also be noted that the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Achieve a strong, viable economy, characterized by stability, diversity and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. b. Encourage urban developments in close proximity to existing services and facilities. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. Change of Zone The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to an Urban District and a Change of Zone from Agricultural (A -5a) to a Neighborhood Commercial (CN -10) for approximately 3.2 acres of land. The applicant intends to subdivide Lot 1 into lot sizes of 0.5 to 1.0 acre. The applicant plans to develop a retail and neighborhood commercial center with space for a fire and police substation. Other uses may include a service station, fast food restaurant and other retail services. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from an Agricultural -5 acres (A -5a) to a Neighborhood Commercial -10,000 square feet (CN -10) zoned district will conform to the following goals, policies and standards of the Economic and Land Use (Commercial and Industrial) Elements of the General Plan. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 ECONOMIC • 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 diversification of its economy by strengthening existing industries and attracting new endeavors. .AND USE — GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • 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. • 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. LAND USE — COMMERCIAL Provide for commercial developments that maximize convenience to users. Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. • Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. 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 an Agricultural -5 acres (A -5a) to a Neighborhood Commercial -10,000 square feet (CN -10) zoned district conforms to the LUPAG Map, which designates Lot 1 and its immediately surrounding area for Urban Expansion uses. The General Plan defines Urban Expansion as an area which allows for a mix of high density, medium density, and low density, and industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. According to the Zoning Code, uses permitted within this zoned district may include offices, retail establishments, restaurants, business services, automobile service stations and other similar uses. Public uses, structures and buildings and community buildings are permitted uses, provided that the director has issued plan approval for such use. These uses are consistent with uses permitted within areas designated as Urban Expansion. Therefore, it is determined that the request is consistent with the Urban Expansion form depicted on the LUPAG Map for this area of North Kona. The Keahole to Kailua Development Plan, adopted by the County Council by Resolution on April 3, 1991, designates the area for Residential Expansion. The requested change of zone would be consistent with expansion of urban uses suggested by the Keahole to Kailua Development Plan. Therefore, it is determined that the request is consistent with other land use planning documents for this area of North Kona. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 The project site fronts Mamalahoa Highway which has an 80 -foot right-of-way and is under the jurisdiction of the Hawaii Department of Transportation. Therefore, the Department of Public Works has deferred comments to the Department of Transportation. According to the site plan submitted, access to the project site will be located along Mamalahoa Highway on the northern or Waimea side of Lot 1. Although the "Rezoning Exhibit" denotes an "existing road and utility easement" within Lot 1 along it's southern or Kailua side boundary, there is contention that it may not be a legally recorded easement. According to the Department of Transportation, a channelized intersection with a left -tum storage lane and right -turn deceleration lane must be provided at the project's access to Mamalahoa Highway. Although Lot 1 fronts a curve on Mamalahoa Highway, the sight distance was deemed adequate by a registered professional engineer. The applicant has stated that they will conduct a Traffic Impact Analysis Report (TIAR) as a condition of approval of the application. Access to Mamalahoa Highway and street lighting will be provided, meeting with the approval of the Department of Transportation. In addition, the Department of Transportation requires a minimum 25 -foot highway widening and landscaping setback to be provided along the project's frontage with Mamalahoa Highway. Except for the proposed access, the remaining property line should be designated as "No Access Permitted." This favorable recommendation will be conditioned upon the applicant providing the TIAR and roadway and intersection improvements as may be required by the Department of Transportation. This condition will ensure that traffic generated by commercial use on Lot 1 will not have a significant adverse impact to traffic along Mamalahoa Highway. According to the Department of Water Supply, Lot 1 has a 1 -inch service lateral with a 5/8 -inch meter. Based on the prevailing water availability guidelines in the area, which are subject to change, an additional six units of water are available. The requested zoning, if approved, would allow the creation of up to 13 lots. With the creation of these lots, the additional required units of water will come from the adjacent property that the applicant owns. The applicant, however, has stated that they are in negotiations with the Department of Water Supply to construct improvements to the County system that will accommodate this project. Wastewater generated by the proposed use will be disposed off via wastewater treatment systems approved by the State Department of Health. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 Police services are available from the County's Police Station at Kealakehe, approximately five miles from the project site. Fire and emergency services arc available from the station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four miles from the site. In response to the subject request, the Police Department stated that due to the increase in traffic, ingress and egress from this development be accomplished via channelized turning lanes. The Fire Department did not express any concerns that the proposed project will adversely affect its operations. Electricity and telephone services are currently available to the project area. The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone "X", areas determined to be outside of the 500 -year flood plain. There are no significant drainage ways that adversely affects Lot 1. While there are no indications of surface water flow on-site, the applicant will be required to abide by all applicable County guidelines for run-off generated by the development. The Department of Public Works has recommended that a drainage study be prepared, and the recommended drainage system shall be constructed meeting with their approval. The predominant soil within the project area is classified by the U.S. Department of Agriculture, Soil Conservation Service, as Kaimu (rKED) and Punaluu (rPYD). The project site is not classified as having any agricultural importance on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map and soils within Lot 1 is classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. Therefore, the requested change of zone will not have any significant adverse impact on the agricultural resources of the County. The project site was graded, improved with a dwelling and used for pasturing animals. Given the improved nature of the project site, the presence of endangered floral and fauna species is unlikely. To mitigate any potential noise and visual impacts to adjacent neighbors, it is recommended that a landscaping buffer, to be determine during plan approval review, be established along both the north and west property boundaries. Compliance with the landscaping rules of the Planning Department (Rule No. 17) is required of commercial developments and uses seeking Final Plan Approval. Rule No. 17 does encourage the use of native plants in landscaping to promote ecological and cultural values. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 Impacts associated with commercial development within this section of North Kona such as historical, visual, traffic, and drainage concerns have been assessed and will be mitigated through conditions of approval. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, police and fire protection. The requested Commercial zoning will accommodate uses that will fit into the locale with minimal intrusion while providing the desired commercial uses, as well as providing for necessary infrastructural improvements to support the development. The development of Lot 1 for commercial uses will continue to provide business and commercial services to the Kailua-Kona community. Change of Zone No. 682 allowed for a 6.643 acre portion of a parcel in the nearby Kona Palisades, Unit I to be zoned Neighborhood Commercial (CN -10). Lot 1 is located near urban services and facilities, and will serve to add to and complement the existing commercial inventory in this particular area of Kailua. The applicant will be required to complete its proposed project in compliance with all applicable requirements of the affected agencies. Therefore, the proposed rezoning and development will complement the land usage within the region and the community in which it is proposed to be located. Based on the above findings, this request to reclassify the subject properties from an Agricultural -5 acres (A -5a) to a Neighborhood Commercial -10,000 square feet (CN -10) zoned district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, amendments to State Land Use Boundaries Map, H-7 for the County of Hawaii, and Section 25-8-3 (North Kona Zone Map), of the County Zoning Code are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 We are enclosing a copy of the staff background for your information. Sincerely, Geraldine M. Giffin, Ch rman Planning Commission Lde1uzrez01-014#2pc Enclosures cc: Mr. Gregory R. Mooers Mr. Ivan Nakano Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BdeLuzREZ01 eti.doc-11 /30/01 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DAVID S. DE LUZ, SR. ENTERPRISES PROFIT SHARING PLAN STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 01-007) CHANGE OF ZONE AFF-LI€'°ATION (REZ 01-014) DAVID S. DE LUZ, SR. ENTERPRISES PROFIT SHARING PLAN. has submitted application for a State Land Use Boundary Amendment (SLLU 01-007) from Agricultural to Urban District and a Change of Zone by changing the district classification from Agricultural (A -5a) to Neighborhood Commercial (CN -10) for approximately 3.2 acres of land. Lot 1 is located along the west (makai) side of Mamalahoa Highway, approximately 1,000 feet north of its intersection with Kaiminani Drive, Kalaoa 0, North Kona, Hawaii, TMK: 7-3-5:Portions of 32 and 33. GENNFR—A–L INFORll9[ATION 1. Land Ownership: David S. De Luz, Sr. Enterprises Profit Sharing Plan is the fee owner of the subject properties. 2. Subdivision No. 7351 - Revised: The subject properties, although listed as two separate tax map keys, TMK: 7-3-5:Portion of 32 and 33, is actually one lot of record. Final subdivision approval granted on May 10, 2001 for a 5 -lot consolidation/subdivision, included the project site, Lot 1. However, to date, Lot 1 has not been issued a new tax map key number. PROPOSED DEVELOPMENT 3. Request: The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to an Urban District and a Change of Zone from Agricultural 4. (A -5a) to Neighborhood Commercial (CN -10) for approximately 3.2 acres of land. 5. Objectives: The applicant intends to subdivide Lot 1 into lot sizes of 0.5 to 1.0 acres. The applicant plans to develop a retail and neighborhood commercial center with space for a fire and police substation. Other uses may include a service station, fast food restaurant and other retail services. -1- 6. Project Timetable: The applicant is presently negotiating with the County to construct the fire/police substation. Construction on the first structures will begin immediately after all governmental approvals are secured. 7. Supportive Information: (See Exhibit A — State Land Use Boundary Amendment and Change of Zone Applications ) STATE AND COLJJNIY PLANS 8. SLU: Agricultural. 9. GP Consistency: Economic, Land Use and Commercial elements goals, policies and courses of action. 10. GP LUPAG Map: Urban Expansion. This area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 11. Keahole to Kailua (K TO K) Development Plan: Residential Expansion. The K to K Plan was adopted by the County Council by Resolution on April 3, 1991. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. Upland Residential Zone: A. Residential Expansion Areas (800 acres): The expansion areas in the upland zone would accommodate an additional 3,000 to 5,000 housing units. B. Village Centers (20 acres): Three village centers have been schematically indicated on the Land use Plan. Conceptually, each village center would be a small neighborhood shopping center, 3 to 5 acres in size, with 20,000 to 50,000 square feet of gross leasable retail commercial and office space. The village centers would be located on one of the main north -south collector roads, and would each serve a population of about 4-5,000 people. Typical commercial, establishments would be food stores, variety stores, small clothing stores and specialty shops, fast food establishments and restaurants. Some of these village centers would also have branch banks and professional offices. Ideally, each -2- village center would have its own distinctive architectural and commercial character. The purpose of these centers would be: (1) to provide convenience shopping facilities in close proximity to residential areas, (2) to give each residential "village" a distinctive physical and design character. 12. County Zoning: Lot 1 and the immediate surrounding areas were previously designated Unplanned by adoption of the Zoning Code in 1967. The Unplanned district applied to areas where no sufficient studies were conducted to adopt specific district classification. Most permitted uses are agricultural related. With the adoption of the revised Zoning Code on December 7, 1996, all Unplanned zoned districts were reclassified to Agricultural - 5 acres (A -5a). Therefore, Lot 1 is presently zoned A -5a. 13. SIVA: Lot 1 is not situated within the Special Management Area. It is located approximately 3 miles from the nearest coastline. 14. Coastal Zone Management, ;FIRS Chapter 205A: According to the applicant, the proposed use will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING ARBA 15. Subject Property: Lot 1 is located along the west (makai) side of Mamalahoa Highway, approximately 1,000 feet north of its intersection with Kaiminani Drive. It is rectangular in shape and has a total area of 3.2 acres. There is an old single-family dwelling that is abandoned and will be demolished. Portions of the site have previously been graded and used to pasture animals. According to the Site Topography map, there is a drop in elevation of approximately 78 feet, from 1712 feet along Mamalahoa Highway to 1634 feet, the location of the proposed fire/police station. However, on the grading plan submitted, the on-site roadway is shown as a 16% grade. 16. Surrounding Zoning/Land Uses: Surrounding lands to the immediate north and south are designated Agricultural by the State and zoned Agricultural (A -5a) by the County. The parcel to the west is designated Urban and zoned Single Family Residential (RS -10) by the County. These lands include residential uses and vacant -3- land. Approximately 300 feet to the north of Lot 1 is the Kona Coastview Subdivision and approximately 450 feet to the south is the Kona Palisades Subdivision. These subdivisions are situated within the State Land Use Urban District and are primarily zoned Agricultural (A -5a) by the County. However, these subdivisions are essentially non -conforming residential sized lots ranging between 8,000 to 20,000 square feet. These subdivisions include mixed residential uses and vacant lands. Across Mamalahoa Highway, the parcels are zoned Agricultural (A -20a) by the County and designated Agricultural by the State Land Use Commission. These lands include residential uses and vacant lands. 17. Neighborhood Commercial (CN) Zonings: The .911 acre Matsuyama Store parcel located approximately 2 3/4 miles to the south along Mamalahoa Highway is zoned CN -20. About 2 '/4 miles down Kaiminani Drive is a 140 acre parcel (TMK: 7-3- 10:27) that was rezoned by Hawaii Agribusiness LLC on March 15, 1991 as a planned residential community. A 6.643 acre portion of the site was rezoned to CN -10. However, to date, no development has occurred. 18. U.S.D.A. Soil Type: The soils are classified as rKED and rPYD. rKED is Kaimu extremely stony peat, 6 to 20 percent slopes. The surface layer is very dark brown extremely stony peat, about 3 inches thick. It is underlain by fragmental Aa lava. This soil is neutral in reaction. Permeability is rapid, runoff is slow and the erosion hazard is slight. rPYD is Punaluu extremely rocky peat, 6 to 20 percent slopes. In a representative profile, the surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava bedrock. This soil is medium acid. The peat is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. 19. Land Study Bureau Soil Rating: Soils within Lot 1 ise classified as "E" or "Very Poor". 20. Agricultural Lands of Importance to the State of Hawaii (ALISI) System: Lot 1 is "Unclassified" on the ALISH map. -4- 21. FIRM: According to FIRM, the subject site is designated Zone "X", an area determined to be outside of the 500 -year flood plain. On-site drainage improvements will be designed and implemented to County Department of Public Works design and requirement standards. 22. Flora/Fauna Resources: As the site has been graded, improved with a dwelling and used for pasturing animals, the likelihood of any rare or endangered flora or fauna is remote. Lot 1 is overgrown with Christmas berry, lama, alahee, kukui, mango and purple strawberry guava. Ground cover consists of lauae, bitter yam, lantana, air plant, noxi and a variety of grasses. On the adjacent parcel to the south, TMK: 7-3-5:89, up to 100 -foot tall ironwood, eucalyptus and Mexican cypress trees abut the subject property. 23. Archaeological Resources: According to the Department of Land and Natural Resources - Historic Preservation Division, previous grubbing/grading has altered the land. Therefore, no historic properties will be affected. 24. Cultural or Native Gathering Rights: According to the applicant, no valued cultural, historical or natural resources exist on Lot 1 and no gathering is taking place. 25. Public Access: According to the applicant, there is no public access to the mountains or the shoreline that run through Lot 1. PUBLIC UTILITIES AND SERVICES 26. Access: Lot 1 fronts Mamalahoa Highway which is under the jurisdiction of the Hawaii Department of Transportation. Therefore, the Department of Public Works has deferred comments to the Department of Transportation. Mamalahoa Highway has an 80 -foot right of way. According to the site plan submitted, access to the project site will be located along Mamalahoa Highway on the northern or Waimea side of the Lot 1. Although the "Rezoning Exhibit" denotes an existing road and utility easement within Lot 1 along it's southern (Kailua side) boundary, there is contention that it may not be a legally recorded easement. According to the Department of Transportation, a channelized intersection with a left -turn storage lane and right -turn deceleration lane must be provided at the project's access to Mamalahoa Highway. Although Lot 1 -5- fronts a curve on Mamalahoa Highway, the sight distance was deemed adequate by a registered professional engineer. Street lighting should be provided at the project access with Mamalahoa Highway. In addition, the Department of Transportation is requesting that a minimum 25 -foot highway widening and landscaping setback be provided along the project's frontage with Mamalahoa Highway. Except for the proposed access, the remaining property line should be designated as "No Access Permitted." 27. Nater: According to the Department of Water Supply, Lot 1 has a 1 -inch service lateral with a 5/8 -inch meter. Based on the prevailing water availability guidelines in the area, which are subject to change, an additional six units of water are available. The requested zoning, if approved, would allow the creation of up to 13 lots. With the creation of these lots, the additional required units of water will come from the adjacent property that the applicant owns. The applicant, however, has stated that they are in negotiations with the Department of Water Supply to construct improvements to the County system that will accommodate this project. 28. Wastewater: There is no municipal sewer system in the area. The applicant proposes to dispose of sewage via wastewater treatment systems approved by the State Department of Health. 29. Other Essential Utilities and Services: Electrical and telephone services are or will be made available to the site. The nearest police station is located at Kealakehe, approximately five miles from the project site. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four miles from the site. AGENCIES' COMM NTS 30. Department of Water Supply (November 29, 2001 Memo): "We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone and have the following comments. a "The Department has a 12 -inch waterline along the Hawaii Belt Road fronting the two subject parcels. Parcel 32 and 33 each have a 1 -inch service lateral with a 5/8 -inch meter. "Based on the prevailing water availability guidelines in the area, which are subject to change, an additional six units of water are available for a change of zone. The applicant's requested zoning of CN -10, if approved, would allow the creation of up to 13 lots. With the creation of these lots, the additional required units of water will come from the adjacent property that the applicant owns and may result in a reduce development of these other lands." 31. Police Department (October 1, 2001 Memo): "The most significant issue this proposed community commercial complex presents is with traffic. Mamalahoa Highway, which is only two lanes wide at this location, is the major feeder for all of the Kalaoa Subdivisions to and from Kailua and Waimea. It is also part of the original belt highway. "Due to the ever-increasing amount of traffic on this roadway, we are requesting that ingress and egress from this development be accomplished via channelized turning lanes." 32. Department of Land and Natural Resources Historic Preservation Division (October 23, 2001 Memo): "We believe there are no historic properties present because previous grubbing/grading has altered the land. Thus, we believe that "no historic properties will be affected" by this undertaking." 33. Land Use Commission (September 24, 2001 Letter): We have reviewed the subject applications as transmitted by your memorandum dated September 10, 2001, to reclassify and rezone the subject area for the development of a neighborhood commercial center on a newly created parcel at Koloa, North Kona, Hawaii. "Based upon review of the subject applications, we have the following comments: The subject parcel appears to be in the State Land Use Agricultural District as described in the subject applications. 2. Given the location, scope and nature of the proposed activity, the State Land Use Commission defers to the judgment of the County of Hawaii Planning Commission in this matter. -7- 34. Natural Resource Soil Conservation District (October 23, 2001 Memo): "This parcel is outside of the area detailed in the North Kona Floodplain Management Study. Though not associated with any of the channels, care should be exercised to protect the site from localized runoff generated during land clearing activities. There may also be small, unmapped, channels in the area that only carry water during heavy rainfall events. Erosion and sediment control measures should be reviewed before land clearing activities are undertaken." Applicant's Response dated November 4, 2001): "Your staff faxed me a copy of the Kona Soil and Water conservation District's comments on the applications identified above and requested that I respond. "The Kona SWCD identifies the subject area to be outside of the North Kona Floodplain Management Study and not associated with any channels. They request that care be taken to prevent localized runoff during construction,. The applicant and their contractors will comply with all rules and regulations associated with drainage and sedimentation during the construction of this project." 35. Department of Environmental Management (October 21, 2001 Memo): "We have reviewed the subject applications and have no comments to offer regarding solid waste disposal at this time. Comments may be submitted during the construction phase of the project and the commercial disposal of solid waste." 36. Department of Public Works: (See Exhibit B - July 26, 2000 Memo and Applicant's Response Letter dated October 13, 2001) 37. Fire Department: (See Exhibit C - September 12, 2001 Mem0 and Applicant's Response Letter dated September 24, 2001) 38. Department of health: (See Exhibit D — September 14, 2001 Memo and Applicant's Response Letter dated September 28, 2001) 39. Department of Transportation: (See Exhibit E — August 2, 2000 Letter) APPLICANT'S RESP SE. 40. Applicant's November 3, 2001 Letter in response to Police Department and Department of Transportation comments: (See Exhibit F) 41. Applicant's November 30, 2001 Letter in response to Department of Transportation and Fire Department comments: (See Exhibit G) AGENCIES NO RESPONSE 42. Department of Parks & Recreation, heal Property Tax Office, OHCD, DOE, Department of Land & Natural Resources -s Land Division and Land Management and Department of Agriculture. PUBLIC COMMENTS 43. Bart Cahoon's October 5, 2001 Memo to Greg Mooers and Greg Mooers' letter of response dated November 3, 2001 — See Exhibit II) MOOERS ENTERPRISES, LLC P.O. 130X 1 10 1 KAmuEL.A, HAWAII 96743 STATE ATE LAND USE BOUNDARY AMENDMENT 1 Agricultural to Urban CHANGE OF ZONE APPLICATION Agricultural 5 -acre, Previously Unplanned to Neighborhood Commercial 10,000 square feet Applicants: David S. De Luz Enterprises Profit Sharing Plan TMK: (3) 7-3-05:portion 32 and portion 33 Kalaoa 4th, forth Dona, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises, LLC June 2001 PHONE: (808) 885-6839 EXHIBIT FAx: (808) 885-1574 EMAIL: GMOOERS@ATTGLOBALNET rililr'x;a i Y,1341,Nl.�t�s s T'T.1 x,�J.`?- I�� I3xi i L)F��-.� van MA:TLING ADDRESS 8 11- hanoelehua Avenue iT_i I H �aaii 9672U TELEPHONE: (BUS) 935-2258 (HOME) LANDOWNER: David De Luz Sr.,Enter_piices Profit Sharing Flan LANDOWNER'S SIGNATURE: Tvan Nakano, Trust, TAX MAP KEY: LAND AREA: 3.200 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. ]Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General. Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2 -foot by 3 -foot presentation reap requested under B.3, o400c PI) 2/261/Wll COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT'S SIGNATURE: I aigaAgi&_ DATE: 6 2 5 / 01 Ivan Nakano, Trustee ADDRESS: David S, DL- T.i,7 Sr _ Profit Sharing ]?]an 811 Kanoelehua Avenue Hilo, Hawaii 96720_ LIST APPLICANT'S INTEREST IF NOT OWNER: Owner- LIST wnerLIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: David S. De Luz Sr. T r u s t e E Ivan Nakano, Trustee Tatsuo Higashi, Trustee PHONE:(Pus.) -2258 (Res.) (Fax) Q�jl _276 LANDOWNER(S): Davi d S Pe Luz Sr Fnteer�nrj �c;p��s Profi t Sharing Plan LANDOWNER SIGNATURE(S): DATE: 6 / 2 Ivan Nakano, TrusteE(May be by letter) LANDOWNER(S) ADDRESS: all Kannel ehna Avenue, Hilo, 14,qwaji Q67911 REQUEST: Agricultural— 5 acres TO Neighborhood Commercial 10,000 s.f. (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-3-05: portion 32 and portion 33 STREET ADDRESS OF PROPERTY: M a m a l a h o a Highway SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3,200 acre s AGENT: Gregory R. Mooers ADDRESS: Maners Enterprises 2-0- Any 1 1 n1 — 4�raTILl1 P 1 a; H a i 96743 TELEPHONE: (Pus , )�5 �� __.-.._.__--- (Res.) _ci_8.5 _ 71 26 __ (Fay ��8 � _La Please indicate to whom original correspondence and copies should be sent. i 3Hi-n ltt��t..i�+l. tit ); ��,� 'ti i� ,.,, y. �•iil i>i ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1.' If your request is approved, do you intend to suodivioe the subject land in accordance with the approved change of zone? Y e s 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? 3.200 acres b. Into what lot sizes? 0.5 to 1.0 acres 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? Ixuw-di a t e 1 y If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. A proposed site plan is included as an exhibit. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, o, or c, please elaoorate on the kind of plans the other party nas. 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. What specific building plans do you have for the subject land? Include in your answer the following: type of ouilding (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The applicant is proposing to develop a neighborhood commercial center with space for a fire and police substation. Other uses may include a service station, fast food restaurant and other retail. The applicant is presently negotiating with the County to construct the fire/police substation. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? If so, please elaborate on your findings in the space provided below. 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? No If so, please elaborate on your findings in the space provioeo celow. 6. Are there any ouildings on the suoject area? Y e s If so, what kind? There is an old single-family residence that is abandoned. What do you intend to do with those buildings if your request is approved? The sturcture will be demolished. 7. Is the subject land currently being used for any agricultural activitity? No If so, please list the kinds of products grown and on how many square feet or acres of land per .product. Portions of the site have previously been used to pasture animals, but presently there are no animals on the property. -3- 8. To your Knowledge, has there been any flooding ano/or drainage problem on the subject area? No If so, please describe the problem. The property is located in zone X on the FIRM maps, as an area outside the 500 -year flood plain. 9. 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? Y 10. what sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. schools b. Roads C . Sewer d. Drainage e. Police Protection f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other -4- yes J For those checked eyes,,, please elaoorate what type or kings of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, suomit a copy of the study together with tnis change of zone supplement. According to a May 24, 1996 letter from the Department of Land and Natural Resources, Historic Preservation Division, the subject property was inspected by their staff archaeologist, Marc Smith on November 1, 1995 and no historic sites were present on the parcel. Subsequently Grubbing Permit No. 4142 was issued on November 6, 1995 and the property was grubbed. o338A/50A R ,D 5/84 Signature: , 7r�/. Address: 811 Kanoelehua Ave. , Milo, Hawaii 967. Telephone: 935-2258 Date: 6/25/01 -5- BACKGROUND AND COUNTY ENVIRONMENTAL - Z11011041 STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO URBAN CHANGE OF ZONE: AGRICULTURAL 5 -ACRE TO NEIGHBORHOOD COMMERCIAL 10,000 S.F. Tax Map Ivey: (3) 7-3-05:portion 32 and portion 33 Kalaoa 4th, North Dona, Hawaii Applicants: David S. De Luz Sr., Enterprises Profit Sharing Flan The applicant, David S. De Luz Sr., Enterprises Profit Sharing Plan, is seeking a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5 -acre (A -5a) to Neighborhood Commercial 10,000 square foot (CN -10) for a 3.200 acre parcel located at Kalaoa 4`", North Kona, Hawaii, Tax Map Key (3) 7-3-05.- portion -3-05:portion of 32 & 33. These requests are made to allow the subsequent development of a neighborhood commercial center with a fire station, gas station and other commercial activities. GENERAL INFORMATION: David S. De Luz Sr., Enterprises Profit Sharing Plan is the fee owners of the subject property. :SUBJECT REQUEST/PROPOSED DEVELOPMENT: A. The applicant is proposing to change the zone from Agricultural 5 -acre (A -5a) to Neighborhood Commercial 10,000 s.f. (CN -10) to allow the development of the property into a neighborhood commercial center in conformance with the new zoning designation. B. The subject property was the subject of a subdivision (SUB 99-003) given Final Approval in 2001 that created the 3.200 parcel. C. The site has one single-family home in the northern area of the property, the balance is presently vacant and unused. The site has previously been graded and used for pasturing animals. D. The 3.200 acre parcel is a rectangular shaped lot located between the terminus of `Ili `Ili Street on its southwestern boundary and Mamalahoa Highway. The subject property is immediately makai of Mamalahoa Highway on its eastern boundary, at Kaohe 4`h, North Kona, Hawaii, TMK: (3) 7-3-05: portion of 32 & 33. E. `Ili `Ili Street intersects with Ka'iminani Drive, which is one of the district's major mauka-makai spine roads, located within the Kona Palisades Subdivision, south of the subject property. Kiekie Street intersects with Ahikawa Street, the mauka-makai connector in the Kona Coastview Subdivision to the north. F. The access to the lot is from Mamalahoa Highway which runs the entire eastern boundary of the subject property. The applicant proposes to develop the property with access points and design approved by the Department of Transportation. G. The interior roadway system will meet the standards of the Department of Public Works. Dry wells will be installed as required by the Department of Public Works. H. Underground utilities will be provided to each of the proposed structures from the area's existing infrastructure. I. The applicant is proposing to construct a neighborhood commercial center that will include space for a fire and police substation. Other proposed uses could include a service station, a fast food restaurant, and other retail services. J. The applicant is presently in negotiations with the County about constructing the fire/police substation for the County. K. Construction on the first structures will begin immediately after all governmental approvals are secured. M CONFORMANCE WITH STATE AND COUNTY PLANS: A. State Land Use Designation: The State Land Use District Classification of the subject parcel is Agricultural. Part of this request is to re -district the property from the Agricultural District to the Urban District. It should be noted that since 1985, pursuant to State law, the Counties are allowed to process amendments to the district classification if the land area is less than 15 acres. In this case the subject parcel consists of 3.200 acres. B. Applicable Goals/Policies and Objectives of the General 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. LAND USE 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 in the County in the best interest of the island's residents. it Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. POLICIES a 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. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • 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. • The County shall develop, in cooperation with community residents, community development or regional plans for all of the districts or combinations of districts and shall periodically review and amend these documents as necessary or as mandated. STANDARDS • 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. • Zoning may be recommended on an incremental basis depending upon construction schedule, development of supporting services and facilities, and t thee, ('erfiric?)l hirt0f, r?ti�;' Uj?fril i(ii �;f;l`{C)iiR?1fl�;c, of thenetifionei t (2) COMMERCIAL DEVELOPMENT Following an examination and analysis of present and past situations concerning commercial development, the following goals, policies, and standards have been set forth. GOALS o Provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. POLICIES o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. o Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. o Existing strip development shall be converted to more appropriate uses when and where it is feasible. o The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. o Applicable ordinances shall be reviewed and amended as necessary to include considerations for urban design, aesthetic quality and the protection of amenities in adjacent areas through landscaping, open space and buffer areas. o Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. Commercial developments shall provide for adequate internal circulation arriongst corm-nercial Facilities in the area. 0 0 o Off-street parking and loading facilities shall be provided. o Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. o Preference shall be given to commercial lands with a reasonably level topography. 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 form for areas within the County. The subject property is designated as Urban Expansion Area. The Urban Expansion Areas allow for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where specific settlement pattern and mix of uses have not yet been determined. The applications to create a neighborhood commercial project are consistent with the urban form depicted on the LUPAG Map for this area of North Kona. D. County Zoning Code: The original zoning for this parcels was Unplanned, but upon the approval of the new zoning code on December 7, 1996, all Unplanned zone property was re- designated as Agricultural 5 -acre (A -5a). This request is to change the zone of the property to Neighborhood Commercial (CN -10) E. Community Development Plan: The Dona Regional Plan, adopted in April 1984 by the Planning Comrrussion designates the subject area as Residential - four units per acre (RES -4). The proposed neighborhood commercial development will support the residential ��1��elo�ments in the ar:�� .����' a �.u�i�a.rst tiv`ii.l the R_e�Mona! =c��arl. A F. Kailua-Keahole Regional Plan: This more focused community development plan was prepared in 1989 and adopted by the County Council by Resolution on April 3, 1991. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. The K -K Plan, Section 3, Land Use Plan, discusses objectives for the region. Specifically in the discussion of the Uplands area, where the subject property is located, the Plan advocates the development of four commercial village centers of 3 to 5 acres in size located on one of the main north -south collector roads. This proposed commercial center on Mamalahoa Highway will accomplish this goal. The proposed use is consistent with this plan. G. Special Management Area: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA permit. H. Hawaii Revised Statutes, Chapter 205A - Coastal Zone Management Act: The subject property is located over ten miles from the shoreline. The proposed 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. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING: Physical Characteristics/Environmental Setting: A. The 3.200 acre parcel is a rectangular shaped lot located between the terminus of `Ili `Ili Street on its southwestern boundary and Mamalahoa Highway. The subject property is immediately makai of Mamalahoa Highway on its eastern boundary, at Kaohe 4th, North Kona, Hawaii, TMK: (3) 7-3-05: portion of 32 & 33. B. Annual rainfall for the area is between 40 to 50 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. C. The site is slopes from its eastern (mauka) boundary on down to the western (makai) boundary on at a grade between 6 and 20%. D. Other than the single-family home on the northern boundary of the property, the site is presently vacant and used occasionally for pasturing animals. F. 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 of hazard. The U. S. Geological Survey designates the subject property as Lava Hazard Zone 4; about 5% of this area has been covered by lava since 1800 and less than 15% of this area has been covered by lava in the last 750 years. This area covers all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas. G. The site is located approximately three miles from the ocean at Keahole Point. H. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has no classification for this property. I. The U.S.D.A. Natural Resources Conservation Services Soil Survey Report the soil type is of the Kaimu and Punaluu soil series. The Kaimu series consists of well - drained, thin organic soils over Aa lava. The surface layer is extremely stony peat about three (3) inches thick; Permeability is rapid, runoff is slow, and the erosion hazard is slight. It is noted that this soil is not suitable for cultivation. The Punaluu series consists of well -drained, thin organic soil over pahoehoe lava bedrock. The surface layer is black peat about four (4) inches thick. The peat is rapidly permeable. 8 The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. This soil is used largely for pastoral purposes. J. The Land Study Bureau's overall master productivity rating system classifies the soil as Class "E" or Very Poor for agricultural use. K. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the property is in Zone "X", an area outside the 500 -year flood plain. L. There are no significant drainageways on the subject property. While there are no indications of surface water flow on-site, the applicants will abide by all applicable County guidelines for run-off generated by the development. Any improvements must comply with Chapter 27 of the County Code relating to Flood Hazard Control Historic Resources: According to the May 24, 1996 letter from the Department of Land and Natural Resources -Historic Preservation Division, the subject property was inspected by their staff archaeologist, Marc Smith on November 1, 1995 and no historic sites were present on the parcel. Subsequently Grubbing Permit No. 4142 was issued on November 6, 1995 and the property was grubbed for agricultural purposes. Thus the proposed action will not have any affect on significant historic sites. Cultural 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 Hawaiian rights, therefore no action is necessary to protect those rights. Natural Resources (Flora -.Fauna): Vegatation consists of primarily an overstory of Christmas berry, lama, alahe'e, kukui, mango, and purple strawberry guava. Ground cover consists of primarily laua'e, bitter yam, lantana, air plant, noni and a variety of grasses. As previously mentioned, the site has been grubbed and used for pasturing animals. Social -Economic Characteristics: A A. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population. At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the North and South Kona Districts at the time of the 1990 U.S. Census was as follows: Caucasian: 54.6 %; Hawaiian: 18.6 %; Japanese: 13.6%; Filipino: 8.3%; Other: 5.3%. This distribution illustrates a multicultural community with no distinct minority groups, although the Caucasian population is an expanding majority (Source: U.S. Census Data: Table 6, :1990 Census of Population. General Population Characteristics," 1990 CP -1-13) B. Economic resources of the area: This area is a residential community. The site is completely surrounded by residential subdivisions of various densities. C. Land Values: According to Realtors in this area, residential lots in this immediate area sell for $90,000 to $110,000. Lots with houses sell for $225,00 to $300,000. Surrounding Lands: Land UselZoning: The property to the north, south and west are in the urban district and zoned agricultural (A -5a) and residential RS -10 and 15 by the County. There are single-family residences and a number of vacant residential sized lots within the Kona Palisades and Kona Coastview Subdivisions. These subdivisions are situated within the State Land Use Urban District and are primarily zoned Agricultural by the County. However, these subdivisions are essentially non -conforming residential sized lots ranging from 8,000 to 20,000 square feet. These subdivisions are developed and used for residential purposes. The property to the east is in the Agricultural district and zoned A -5a by the County. There have been several change of zone applications to residential uses approved in this immediate area in addition to the one previously approved for a portion of this parcel. Tax map keys 7-3-5:12 (Ken World), 7-3-5:99 and 7-3-31:70 (1997 Hawaii Land Partnership), 7-3-5:98 Rinkenbach) and 7-3-5:89 (Dungate) are examples. PUBLIC FACILITIES AND SERVICES A. The access to the lot is from Mamalahoa Highway which runs the entire eastern boundary of the subject property. The applicant proposes to develop the property with access points and design approved by the Department of Transportation. ' B. The interior transportation system will accommodate the various proposed uses and will meet with the approval of the Department of Public Works. C. Underground utilities will be provided to each of the proposed uses from the area's existing infrastructure on Mamalahoa Highway. D. Water can be made available to the site from a 12 -inch line on Mamalahoa Highway. The applicant and his contractor have been in negotiations with the Department of Water Supply to construct improvements to the County system that will not only accommodate this project but neighboring subdivisions as well. The 12" line on Mamalahoa Highway will be extended to Ili Ili Street and an 8" line will be constructed to connect to the Kona Coastview subdivision. E. As there is no municipal system in this area, sewage will be disposed of via wastewater treatment systems approved by the State Department of Health. F. The nearest police station is located at Kealakehe, approximately five miles from the project site. G. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four miles from the site. The applicant is proposing to construct a fire station on the subject parcel H. The nearest public schools are located in Kealakehe, approximately three miles from the subject property. 11 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 in accordance with agency requirements. C. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This would not allow the development of commercial center as advocated by the Keahole to Kailua Plan to support the residents in this heavily urbanized and desirable area of North Kona. It would also not increase the real property tax base as the proposed action would. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of this commercial center would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions applied to this request would help insure the protection of the natural and cultural resources on the property. There are presently no such conditions placed on the property. 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 these boundary amendment and change of zone applications. 1 "� EXHIBIT «A» REZONING EXHIBIT Q ft - , "OAD (", i: 2§/ cL CL 0 Lu z ck::3 co i: mm no l UULIUN 1NU PAGE 01 I. ..�� \ ,na � ,nt.u•�" __� i -• fir. ��1 yC R® ,I•"- N / F in I 1 I '1 Is 1 I 1 1 1 y g mat li It Y 30/1_3 AN .o_ oo�g'� ®i�� :2� p '1 1 � i;h • d' - �§l' �/ /���ii�':' •iit D.0 w �eS ��-- +^aib 4 t aoiN'' row I X069 / tl 40, Y//' JP '-/ ala ml ia e '�� ; r��''a•' / ' ''' / ! �d70-�,,' -- 9642^- ' 1.z�''1- ' T ,amt//,• r II / R® 1 N 1 � I 1 I '1 Is 1 I 1 1 1 y f I .o_ oo�g'� ®i�� :2� p '1 1 � i;h • d' - �§l' �/ /���ii�':' •iit D.0 w �eS ��-- +^aib 4 t aoiN'' row I X069 / tl 40, Y//' JP '-/ ala ml ia e '�� ; r��''a•' / ' ''' / ! �d70-�,,' -- 9642^- ' 1.z�''1- ' T ,amt//,• r II / '1 Is y -�\ 1 1 1 1 �7 �a,719 h1 J 1 CI al y k ' ,<r I I I 1 I I 1 1 1 1 1 I I 1 I I 1 I I I I 1 i i 1 I I I EXHIBIT 66C99 SITE PLAN b ro I I u s� k ZvSL �>r-oma � -_ FI,�IT-Ink- • �dT�k�, oil ° I I��oro -tl 4 �p ILLI �g 706 a . Lp- I } I I f- I ��.� • f=�1 ILIA W \ ° _ Jj 1 v d::, I . 6211'. 4n•� 4 `tlul / grl o L ust se+r'J'' � Iy.�f oil ° I I��oro -tl 4 �p ILLI �g 706 a . Lp- I } I I f- I ��.� • f=�1 ILIA 8091i-,� 4 C LOL I _ pSOLI f OILI , i 66'II -' - — 1 r SOLI _ 1 I'OILL ,exp AI °'LOLI _ i zt '• /60011 1 y'OILI (Z� 9 Ml : ; 99011- U6L1" wa11u,1' VolI S ZOLi / eWWl' e!!V' r-aauM el i 1 I r , t r1alS _ i i w1 a vw- s 06=40 ! o6'69J ..5L,6f'SSf 01 �k - - %Ovon tl.7l ffv,14VH W \ ° _ Jj 1541u� 6211'. O'Iltl �i'pul `tlul / grl p'Zlcl se+r'J'' 8091i-,� 4 C LOL I _ pSOLI f OILI , i 66'II -' - — 1 r SOLI _ 1 I'OILL ,exp AI °'LOLI _ i zt '• /60011 1 y'OILI (Z� 9 Ml : ; 99011- U6L1" wa11u,1' VolI S ZOLi / eWWl' e!!V' r-aauM el i 1 I r , t r1alS _ i i w1 a vw- s 06=40 ! o6'69J ..5L,6f'SSf 01 �k - - %Ovon tl.7l ffv,14VH DEPARTMENT OF PUBLIC WORK COUNTY OF HAWAII HILO, HAWAII DATE:October 2, 2001 TO Christopher J. Yuen, Planning Director Planning Department r FROM Sen Ishii, Acting Division Chief Engineering Division _. SUBJECT Change of Zone Application (REZ 01-014) State Land Use Boundary Amendment Application (SLU 01-007) Applicant:David S. Deluz, Sr., Enterprises Profit Sharing Plan< Location: Kalaoa, N. Kona, HI TMK: 3 / 7-3-005:032, 033 We reviewed the subject application and our comments are as follows: BUILDING 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. Memorandum to PO TMK: 7-3-005: 032, 033 October 2, 2001 Page 2 of 2 ROADWAYS The Hawaii Belt Highway, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning this road should be obtained from the HDOT. 2. All subdivision roads shall be constructed to County Dedicable standards with concrete curbs, gutters and sidewalks. Roadway connections to adjoining parcels should be provided meeting with the approval of DPW. These roadways should be open to public traffic. 3. All roadways within the proposed development shall follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways. Concrete curbs, gutters, and sidewalks should be required in areas of pedestrian trafi•ic. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO ENG-KONA PLNG-KONA - U f' October 13, 2001 Mr. Christopher Yuen Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 MOOERS ENTERPRISES, LLC P.O. Box 1 10 1 KAmuEILA, HAWAII 96743 Re: State Land Use Boundary Amendment Application (SLU 01-007) Request: Agricultural to Urban Change of Zone Application (01-014) Request: Agricultural (A -5a) to Neighborhood Commercial (CN -10) Applicants: David S. De Luz, Sr. Enterprises Profit Sharing Plan Tax Map Key: 7-5-005: portion of 1932 and 033 Dear Mr. Yuen: Your staff faxed me a copy of the Department of Public Works' comments on the applications identified above and requested that I respond. The applicant will comply with all provisions of the Subdivision and Building codes as related to the development of this project. The applicant will also comply with the provisions of the State Department of Health's rules related to underground injection control. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, Gregory . Mooers President GRM/sp copy: Department of Public Works PHONE: (808) 885-6839 FAX: (808) 885-1574 EMAIL: GMOOERS@ATTGLOBAL.NET JaiY.os xqW Edward Bumatay Harry Kim Fire Chief Mayor P q r.. r°, • • P T@ OF'NP'� %LJL1vUnf1j Of aivai"i FIRE DEPARTMENT 80 Pauahi Street • Suite 101 • Hilo, Hawaii 96720 September 12, 2001 (808) 961-8297 • Fax (808) 961-8296 To: Christopher J. Yuen, Planning Director From: Edward Bumatay, Fire Chief SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 01-007) REQUEST: AGRICULTURAL TO URBAN _CHANGE OF ZONE APPLICATION (REZ 01-014) REQUEST: AGRICULTURAL (A -5a) TO NEIGHBORHOOD COMMERCIAL (CN -10) APPLICANT: DAVID S. DE LUZ, SR., ENTERPRISES PROFIT SHARING PLAN TAX MAP KEY: 7-3-005:PORTION OF 032 AND 033 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "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. 112. 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). To: Christopher J. Yuen, Planning Director Page 2 September 12, 2001 113. 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: Christopher J. Yuen, Planning Director Page 3 September 12, 2001 "(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. 11(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." Water supply shall be in accordance with UFC Section 10.301: "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire -extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. To: Christopher J. Yuen, Planning Director Page 4 September 12, 2001 "(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. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Tinning 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. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." EDWAFn "BUMATAY , Fire Chile f EB/mo MOOERS ENTERPRISES, LLC P.O. BOX 1 1 O 1 KAmUEL.A, HAWAn 96743 September 24, 2001 r- Mr. Christopher Yuen Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 cr; Re: State Land Use Boundary Amendment Application (SLU 01-007) Request: Agricultural to Urban Change of Zone Application (01-014) Request: Agricultural (A -5a) to Neighborhood Commercial (CN -10) Applicants: David S. De Luz, Sr. Enterprises Profit Sharing flan Tax Map Key: 7-5-005:portion of 032 and 033 Dear Mr. Yuen: Your staff faxed me a copy of the Fire Department's comments on the applications identified above and requested that I respond. The Fire Department quoted various sections of the Fire Code. We will comply with all applicable provisions of the code. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, k, Greg . Mooers President GRM/sp copy: Fire Department PHONE: (808) 885-6839,: FAx: (808) 885-1574 EMAIL: GMOOERS@AYTGLOBAL.NET ........................... BENJAMIN J. CAYETANO GOVERNOR 93 e 9 a Vim, c• ,I STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 I HILO, HAWAII 9672 1-0 91 6 MEMORANDUM DATE: TO: FROM: September 14, 2001 Christopher J. Yuen Planning Director, County of Hawaii Aaron Ueno District Environmental Health Program Chief BRUCE S. ANDERSON, Ph.D., M.P.H. DIRECTOR OF HEALTH SUBJECT: State Land Use Boundary Amendment Application (SLU 01-007) Request: Agricultural to Urban Change of Zone Application (REZ 01-014) Request: Agricultural (A -5a) to Neighborhood Commercial (CN -10) Applicant: David S. DeLuz, Sr., Enterprises Profit Sharing Plan Tax Map Key: 7-3-005:portion of 032 and 033 Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Department of Health have concerns due to the location of a drinking water well within a 1000 feet of the proposed project and that there are no sewers in the area. No cesspool or septic tank system is allowed to be built within the 1000 feet radius. The proposed food establishment needs to meet the requirements of Chapter 12, Food Establishment Sanitation. Please call our office (Ph. 322-1507) for consultation and additional information. WP 7.0:SLU 01-007/REZ 01-014.at R MOOERS ENTERPRISES, LTC P.O. Box 1 1 O 1 KAMUELA, HAWAu 9674.3 September 28, 2001 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Application (SLU 01-007) --- Request: Agricultural to Urban Change of Zone Application (01-014) cs, Request: Agricultural (A -5a) to Neighborhood Commercial (CN -I0) Applicants: David S. Ile Luz, Sr. Enterprises Profit Sharing Plan Tax leap Key: 7-5-005:portion of 032 and 033 Dear Mr. Yuen: Your staff faxed me a copy of the Health Department's comments on the applications identified above and requested that I respond. The applicant will comply with all provisions of the Department's rules. I note that the Department of Water Supply's well site located at TMK: (3) 7-3-04:17 is over 1000 feet from almost all of the subject parcels for this application. There will be no septic systems or cesspools located within 1000 feet of the well -head. I have enclosed a map that indicates what portion of the subject parcel is affected. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, / aR /i - Gregory . Mooers President GRM/sp copy: Health Department PRONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERSCATTGLOBAL.NET PLAT 4 A 7- s�',1�, J 30 ..`• .r'1 �•� Ia FV.-EsTa.rra"� "' Mdhi ---✓ s/,rte, M IS ---- r..� e.//y - .• mss. • s:---"--�..u�. Hiroo MeiAuwro/r VN. ., a C . csn. w"f^' 7 G q / o 32 � "pp1� ll, S cssial,e s asrr4w,,.e/6 --rr7 2 _ I.30, 778 f r 3. 00 A— `rF O 14 �� p0a �/' H3Iu_ nTapp..r.r.t. Q C/if fol✓ E" Mi/KI H. _ nc 94S Ac. /eo, ^494 f e.• 3.0o A ,: • - i �,dcemrW 5.9996 �.- /�j cTM d rye 3u Z 1-44 © n Ac.14 sre � � ..r 19 -n ..+•. .mm.e -rs d ti+.T rF ..� o,•+o err a 'o'" r.roo,�. 2D trmo M. r }2B IM O. `k ' 15 7 �s7 v14' ' I 59322 �3 L L0 e 4P may$ ar P � ec. '��.... i1_'- oaap. 0 Ener ✓ .Yamisfi � !�81 � i!` +rsA-,:Ye�� �e �`,90,,,oe� " _ ' _.o-_ .,.... Q�• aa'0es y r+�:198�2?7sr� X83E'h j"vss a 12 �.953acs. 84 A A/ice K• N�r dnaarna, � � q /Y!8/aea �emn�aina n 0 A,.i to = 8. /rc Chri ��•_- . � �-Ku4vr... ri. - � 5 dfC d' NYh�i/ h� i O /O o k �r 62i.¢ -S AGS- ,<a C1 Z (/367 - yy� A/fAH/PUU" 17 9R� c M � FLAT o6 �3 fps 74 1 19 jT I THIR D ` } v, D fSTRIC 20NF SF-C. T � •o•ee.aesr `� \ PLAT 05 ......... m UB✓CT TO C;�1s;egwreelralede Peeeel..s... ............................ 197.... BENJAMIN J. CAYETANO o F GOVERNOR �E••••'^^ h,y \959 a(s / l i r) STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET r HONOLULU, HAWAII 96813-5097 OCT 19 2001 Mr. Christopher J. Yuen Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: BRIAN K. MINAAI DIRECTOR DEPUTY DIRECTORS GLENN M. OKIMOTO JADINE Y. URASAKI IN REPLY REFER TO: HWY-PS 2.4539 Subject: State Land Use SLU 01-007, Agricultural to Urban, Change of Zone REZ 01-014, A -5a to CN -10, Neighborhood Commercial Center, (David De Luz, Sr.), Kalaoa 4', North Kona, TMK: 7-3-05: por. 32, por. 33 Thank you for requesting our review of the proposed land use amendment and change of zone application for the proposed project. We have the following comments: 1. A 60 -foot easement, presumably a "paper" road, is located south of the proposed development and straddles the property line with the southern adjacent parcel. This 60 -foot easement should be used to provide access to this development. 2. A channelized intersection with a left -turn storage lane and right -turn deceleration lane must be provided at the project's access to Mamalahoa Highway. Due to the curve in the highway, the adequacy of visual sight distances for all turning movements must be verified. Street lighting should be provided at the project access with Mamalahoa Highway. 3. A minimum 25 -foot highway widening and landscaping setback should be provided along the project's frontage with Mamalahoa Highway. Excepting the planned access, the remaining property line should be designated as "No Access Permitted". Mr. Christopher J. Yuen Page 2 HWY-PS 2.4539 4. The applicant's attention is called to the Department of Transportation's policy for the utility company's right to occupy the highway rights-of-way. An occupancy agreement may be required for any utility service at the time of construction. Should you have any questions regarding this comment, please contact the Highways Division, Rights -of -Way Branch directly at (808) 692-7325. 5. Required roadway related improvements must be implemented by the applicant at his cost. 6. We require the submittal and approval of construction plans for all work done within our State highway rights-of-way. If there are any questions, please contact Ronald Tsuzuki, Head Planning Engineer, Highways Division, at 587-1830. Very truly yours, ` �,�. X9/1 Ri N K. MINAAI Director of Transportation MOOERS ENTERPRISES, L.L.0 P.O. Box 1 101 KAMUEL.A, Fi.RwAu 96743 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Application (SLU 01-007) Request: Agricultural to Urban Change of Zone Application (01-014) Request: Agricultural (A -5a) to Neighborhood Commercial (CN -10) Applicants: David S. De Luz, Sr. Enterprises Profit Sharing Plan Tax Map ley: 7-5-005:portion of 032 and 033 Dear Mr. Yuen: Your staff faxed me a copy of the Police Department and Department of Transportation comments on the applications identified above and requested that I respond. The Traffic concerns raised by these two agencies are best resolved at the time the improvements are designed. We recognize that a Traffic Impact Analysis Report needs to be prepared to examine traffic patterns, counts, site distances and the proposed design of the improvements on the property. .Rather than agree to specific improvements at this time the applicant proposes a general condition be imposed stating that the access to Mamalahoa Highway shall meet with the approval of the Department of Transportation. Should the land use proposed be approved, the applicant will then commission traffic and engineering studies that will address the concerns raised by these two departments. Making specific suggestions for traffic solutions at this time without all available data may hinder more appropriate options. Should the traffic and engineering studies confirm the proposed conditions then the applicant will comply. If you have any questions, or if additional information is required, please contact me directly. Thank you for your prompt attention to these applications. Sincerely, Gregory R. Mooers PresidentEX%'B ' T copy Department of Transportation PRONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERSOATTGLOBAL. NET SENT BY: MOOERS ENTERPRISES, L' 808 885 1574; NOV 4:13PM; Esther Imamurra Planning Department County of Hawaii Mooers .Enterprises, LLC P.O. Box 110 1. Kainuela, Hawaii 96743 PAGE 1/3 .. Date: 11/30/01 Number of Pages: 3 'hone: (808) 885-6839 ax: (808) 885-1574 Re! SLU 01-007 and REZ 01-014 T3W; 7-3-03-.32,& 33 Applicant: ]David De Luz Esther: Per my discussion with Director Yuen, I am faxing you a certification from Leo Flemin& P.E., that tho sight distances at the subject property exceed required sight distances for a 45 mph arca, design speed of 50 mph. I am also sending you a copy of the grading plan that shoves the elevation of the Mamalahoa 11ighway, lot and on-site roadway that runs to the back of the proposed lot. That on-site roadway is shown. as a 1.6% grade, which was the grade the Fire Chief said we needed to make. Should you have any questions or need additional information, please call, Aloha, - Cz T1 -1 t. 'h 4yFG ft.✓ ..ii.. SENT BY: MOOERS ENTERPRISES, L! 808 885 1574; NOV-? 11/30/2601 13:26 33412.+_ L F-LEMING FAX FAX TO: FAX FROM.- SHEET °AOM:SKEET / 4:14PM; PAGE 2/3 PAGE 01 SENT BY: MOOERS ENTERPRISES, L' 808 885 1574; NOV 4:14PM; PAGE 3/3 11/30/2081 11:52 8083261247 BOLTON INC PAGE 01 g"L L 'iVVO/� 41LZ ll ll100Z/0£/Ll ''JMO'1£OZAOI\o3owrlS 04V\UOj108\t� y �pe "— T I i Pb , { { e� f , W , �gpbt!.A Ct4lx ., a`R0G9 ri V,�• ';0,59A f s fi1N1 i�C1li6,ocb+ 11 fA RD mo��� f�1 ................................... 10/05/2001 2 To: Greg Mooers - Planner From: Bart Cahoon MACA Inc. - TMK - 7-3-005:097 Re: SLU Application (SLU 01-007) Change of Zone Application (RE -Z 01-104) Tax Map Key (3) 7-3-005:portion of 032 and 033 - David De Luz Sr. Dear Greg, The purpose of this letter is to advise you and your client of some documented facts related to his and MACA's property and to avoid any confusion in the future. MACA Inc. was a limited partner with Tricraft Associates involving the original development of the 4 large lot sub -division which goes from Mamalahoa Hwy. down to One One Street. As you are aware I met with Dan Bolton of Bolton Construction last year and was given a map showing the De Luz -Bolton CN -10 project. This map shows a 60' wide roadway and utility easement along MACA's North property line down to Ili Ili street, 30 feet of which is on MACA's property and 30' on De Luz, formally Matsumoto's. Map layout by Wes Thomas Associates dated may 8th, 2000. Please advise your clients that there is not and never has been a lawful recorded easement of any kind on this property or De Luz. Ie; MACA and De Luz property line. When MACA's property was developed there were no easements and this was confirmed by our attorney. MACA's property also shows a 10' no vehicular access setback from Mamalahoa highway. Starting in the early 1980's MACA planted trees in the highway setback zone and on the entire north property line down to Ili Ili street. This was done in an effort to improve the property for a future residential subdivision and to improve the environment in this area. These trees are now 20 years old and consist of Ironwood, Eucalyptus and Mexican cypress. Some over 100' tall. It is our concern that your proposed commercial project might have a negative impact on this tree line. EXHIJBIT ,I, "J H 1) Please provide a proposed building footprint of your client's project including any and all structures, and utilities as well highway access. A layout to scale will be necessary. 2) Please provide info via an engineer or surveyor showing your compliance with the line of sight building code for a commercial property on a county highway with 45 mph zone. 3) We are also concerned as to any impact regarding commercial zoning bordering the current Ag Zoning and the future residential zoning, most probably RS -15 or 20. I hope that this info will be of help to you as well as the planning department regarding your project. Please call (808)545-5077 should you have any questions or fax to (808) 537-1082. Truly Yours Aela"- Bart Cahoon President-MACA Inc. P.O. Box 235427 Honolulu, Hawaii 96823 CC: Mr. Chris Yuen - Planning Director. Mr. Wayne Luke - MACA Inc. MOOERS ENTERPRISES, LLC P.O. Box 1 10 1 KAMUELA, HAWAn 96743 November 3, 2001 Mr. Bart Cahoon President, MACA Inc. P.O. Box 235427 Honolulu, Hawaii 96823 -Re: State Land Use Boundary Amendment application (SLU 01-007) Change of Zone Application (01-014) Applicants: David S. De Luz, Sr. Enterprises Profit Sharing Plan Tax Map Key: 7-5-005:portion of 032 and 033 Dear Bart: I am sorry it has taken so long to respond to your letter of October 10, 2001. I had it in my in- tray and it got clipped to another file by error. I assure you that the proposed commercial development of the subject property will not subject your property to easements and roadways that do not presently exist. The applicant is not proposing to utilize your property in any manner for this development. I know that you have previously had discussions with Dan Bolton about developing your property in conjunction with the DeLuz parcel. It is my understanding that there has been no agreement to do this, and our request for a change in zone does not in any way imply that. You have requested detailed site development information that does not exist at this time. We are in the process of requesting a change in the use of the property through the Boundary Amendment and Change of Zone processes. Should the County Council approve our request then the engineering for the site specific issues such as building footprints and utility facilities will be developed by our engineers. Should we receive a favorable decision on our requests the issues of traffic, site distances and access points will need to be addressed in complying with Department of Transportation comments on this proposed development. Your question about the impact of the new zoning is well taken. The area surrounding the subject property is being used for residential purposes to the north (Coastview Subdivision), the south (Palisades, Rinkenbach, Pack and others) and to the west (Foster, 1997 Hawaii Land Partnership). The proposed urbanization of this parcel is consistent with all State and County plans, including the State's West Hawaii Regional Plan, the County's General Plan and Keahole to Kailua Plan. I PHONE: (808) 885-6839 FAX: (808) 885-1574 EMAIL: GMOOERS@ATTGLOBAL.NET Mr. Bart Cahoon November 3, 2001 Page Two know that we have discussed the urbanization of your property and the rezoning to a residential zone. I believe this proposed action will be consistent with your plans as well. There is a rather complete discussion of the consistency with governmental plans in our applications. These applications are available at the Planning Department in both the Hilo and Kona offices. If you Eke I can send you portions of the application for your review. I wish I could give you more specific information about the site engineering, but it simply does not exist at this time. If we do move forward I will keep you informed of issues as they relate to your property. Sincerely, Grego'VMooers President copy: Christopher Yuen, Planning Director