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HomeMy WebLinkAboutCOM 0552.000 2000-2002 Marry Kim ~tv ces,y~~ ' Dixie Kaetsu ° Mayor ? ~ Managing Director • ®a4 ~o ~'eter T. Young sg os°ti+~`~ Deputy Managing Director 1 r . ~ a-i ~ f 7 rs s ~ Iii 7l: ~ - ~ ~ iii 25 Aupuni Street, Room 215 • Hilo, i~awaii 96720-4252 • (808) 961-8211 • ,>~808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawa~i'6~- (808) 329-5226 • Fax (808) 326-5663 March 1, 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: County Council Initiated Proposed Bill No. 81 to Amend Chapter 25 (Zoning Code) of the Hawaii County Code, As Amended, Relating to Height Limits in North Kona Commercial Zone (CG) Districts ~ta~~ Lan:l. Lrse Bound?ry Am~r~drr:ar~t Appl%c~tion (SLU 01-010) t~~eGu4st: ~~.~-ic~:lt?:r~° s~ Lr~a-. Cli.3n~e ~~~:~onc:. >~,pp11,.44von (Rl~Z ~'1-021) Request <5~€rs € ~~a;~al < t•.~€ ~y~~~<;n~ L~~:~>`3y Residential (RS-10) to Sia~gl~. Rc l~nt~a~ 3~:~ 2~<t Appic~n.t: ~ ~ I ?:~;uz Sr. I:art~~~~~-~.se f`r~fit Sharing Plan T~~ :bap T~-v, -3_~=~~ arad %;E•?:~:ior~ :~f 31 >~a~cl 85 State Land Use Boundary Amendment Application (SLU 01-011) Request: Agricultural to Urban Change of Zone Application (REZ 01-022) Request: A-Sato RS-20 Applicant: Eller M. Garver Tax Map Key• 7-3-5.30 As required by Chapter 4, Sec. 6-4.3(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. Since~ely, , ~ Vv~~ r;'Vt,rt~t -1 ~~1~- +I / Harry Kim ~mry-,° dos Mayor File P~© Enclosures fit, ~a;~T~ cc: Planning De artment Harry Kim , ~,w Mayor / ~F. ~A ~yr6 Me '~8Q o~•wpaS? PLANNING CONII6~IISSION 25 Aupuni Street, :Zoom 109 • Hilo, Hawaii 96720-4252 (808) 9618288 • Fax (808) 961-8742 raA.~{ 0 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 01-010) Request: Agricultural to Urban Change of Zone Application (REZ 01-021) Request: Agricultural (A-Sa) and Single Family Residential (RS-10) to Single Family Residential (RS-20) Applicant: David S. DeLuz Sr. Enterprise Profit Sharing Plan Tax Man Kew 7-3-~95 and Po inns of ~ 1 and The Planning Commission, after a duly held public hearing on February 1, 2002, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to Urban district for approximately 12.278 acres and a Change of Zone by changing the district classification from Agricultural (A-Sa) and Single Family Residential (RS-10) to Single Family Residential (RS-20) for approximately 20.988 acres of land. The properties are located west (makai) of Mamalahoa Highway, adjacent and south of Kona Coastview Subdivision and at the ends of Kiekie Street and `Ili`ili Street, Kalaoa 4`", North Kona, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: to ~ Lind Use Boundary .nA dAnent The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violatiz-e of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non- contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property does conform to this standard as it is situated adjacent to existing Urban-designated lands. These lands include the nearby Kona Palisades and Kona CoastView Subdivisions. Approximately 8.943 acres within the 20.993-acre proposed subdivision site is currently designated Urban by a State Land Use ;3oundary Amendment issued in 1996. The current request to designate 12.278 acres into the Urban District reflects the infiliing of Agricultural-lands within this section of Kalaoa, North Kona that is already surrounded by existing Urban-designated lands. The reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. b. The orderly development of residential areas sensitive to community needs and other land uses. c. Effectively accommodate the housing needs of Hawaii's people. d. Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. e. Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. The Urban District request would be consistent with the goals and polices of the Housing Element of the Hawaii County General Plan by creating additional residential housing opportunities for the residents of this island. The Urban District request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Urban Expansion. Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements maybe desirable, but Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 where the specific settlement pattern and mix of uses have not yet been determined. This request is to allow an urban development, a planned low-density residential subdivision. Low Density Urban development is defined as Residential uses at a density of four units per acre and certain neighborhood commercial uses are permitted within this designation. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. The Kona Regional Plan, adopted by the Planning Commission in 1984, recommends the area for residential units at a density of four units per acre. The applicant's proposal is asingle-family residential subdivision at a density of roughly 2 units per acre. It is adjacent to Kona Coastview Subdivision and in close proximity to Kona Palisades Subdivision. The proposed reclassification is for a similar Urban land use designation that both these subdivisions currently retain. Thus, the requested boundary amendment would be in the direction of fulfilling the recommendation of the Kona Regional Plan to provide for low density residential uses within this section of North Kona. The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located just three miles from the urban/retail/employment center of Kailua-Kona, and thereby conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. The property is or will be provided with all utilities and services, which are essential to accommodate urban development. The applicant proposes to construct a 35-lot subdivision, with lots no smaller than 20,000 square feet. Access to the project site will be accommodated by `Ili 'Ili Street and Kiekie Street, both of which have pavement widths of 20 feet within 50-foot wide rights-of--way. A connector road to be constructed within the proposed 35-lot subdivision will physically connect these two roadways to provide a lateral connection between Kona Coastview Subdivision to the north of the project site and Kona Palisades Subdivision to the south. This will ensure connectivity between Kona Coastview and Kona Palisades Subdivisions. `Ili `Ili Street extends to Ahikawa Street in Kona Coastview Subdivision and Kiekie Street extends to Kaiminani Street in Kona Palisades Subdivision, both of which are existing roadways that provide access to the Mamalahoa Ilighway. The applicant finds that traffic to be generated by the proposed project should be accommodated by the existing roadway infrastructure. The Department of Public Works did not contest these findings, but did recommend that the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 areas roadway network be master-planned and provide roadway connections to adjoining lots. The County Council did adopt a resolution in 1997 to conduct a Comprehensive Traffic Plan for the Kalaoa area of North Kona that has yet to be completed. The applicant has indicated that water to the project site will be provided via an existing 6-inch waterline on `Ili `Ili Street and a 12-inch waterline along the Mamalahoa Highway. 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. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area outside of the 500-year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification does meet with the standard which states that the lands included within the urban district shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the subject property is within the State Land Use Agricultural and County's Agricultural-Sa zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. The project site has been previously graded and utilized for pasture. Much of the lands in the immediate vicinity of the project site are designated Urban and maintain residential dwellings. Kona Coastview, Kona Highlands and Kona Palisades Subdivisions are just some of the residential subdivisions within the immediate vicinity of the project site. Therefore, the reclassification of this 12.278-acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, an Urban classification would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent Kona Coastview and nearby Kona Palisades Subdivisions. 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. ~'h~nge of Z~pne The applicant is requesting a Change of Zone from an Agricultural (A-Sa} and Single Family Residential (RS-10) to a Single Family Residential (RS-20) for approximately 20.998 acres of land. The applicant intends to subdivide the subject properties into a total of 35 residential lots maintaining a minimum lot size of 20,000 square feet. 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-Sa) and Single Family Residential-10,000 square feet (RS-10) to a Single Family Residential-20,000 square feet (RS-20) zoned district will conform to the following goals, policies and standards of Land Use and Residential Elements of the General Plan. LAND SE - ENERAL • 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 • 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. A favorable recommendation of this request will also conform to the following goals and policies of the Single Family Residential Element of the General Plan: • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies and standards. The request would also complement the following goals and policies of the Housing Element by creating a mix of residential housing opportunities and maintaining a housing supply that allows a variety of choice. • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choice. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested zone change to a Single Family Residential-20,000 square feet (RS-20) zoned district conforms to the LUPAG Map, which designates the project site 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 maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. A favorable recommendation of the request will allow for a single family residential development that is 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. To further compliment the policies and standards of the Single Family Residential Element of the General Plan, a condition of this favorable recommendation will require the applicant to comply with the County's Affordable Housing Policy of the Hawaii County Code. 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 and residential 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. On January 22, 1997, the Hawaii County Council adopted Resolution No. 20-97, which supports the County's proposal to conduct a Comprehensive Traffic Plan for the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 Kalaoa area of North Kona, within which the project site is located. The proposed plan would include identifying the necessary infrastructural improvements for the area relating to traffic, traffic safety, water, fire protection, parks and civil defense. Access to the project site will be accommodated by `Ili 'Ili Street and Kiekie Street, both of which have pavement widths of 20 feet within 50-foot wide rights-of--way. A connector road to be constructed within the proposed 35-lot subdivision will physically connect these two roadways to provide a lateral connection between Kona Coastview Subdivision to the north of the project site and Kona Palisades Subdivision to the south. This favorable recommendation will require the applicant to physically connect `Ili `Ili Street and Kiekie Street with a roadway constructed to County-dedicable standards. This will ensure connectivity between Kona Coastview and Kona Palisades Subdivisions. `Ili `Ili Street extends to Ahikawa Street in Kona Coastview Subdivision and Kiekie Street extends to Kaiminani Street in Kona Palisades Subdivision, both of which are existing roadways that provide access to the Mamalahoa Highway. The applicant finds that traffic to be generated by the proposed project should be accommodated by the existing roadway infrastructure. The Department of Public Works did not contest these findings, but did recommend that the areas roadway network be master-planned and provide roadway connections to adjoining lots. As mentioned previously, the County Council did adopt a resolution in 1997 to conduct a Comprehensive Traffic Plan for the Kalaoa area of North Kona which has yet to be completed. In the absence of a completed traffic plan for the area, a condition will be included to require the applicant to explore additional roadway connections between the project site and adjoining parcels in consultation with the Department of Public Works. The Department of Water Supply has confirmed that water to the project site will be provided via an existing 12-inch waterline along the Mamalahoa Highway. A total of 32 units of water can be made available to support a portion of the proposed 35-lot subdivision. A condition of this favorable recommendation will ensure that sufficient water commitments are secured for each of the 35 new lots within the proposed subdivision by ensuring that lots to be created do not exceed the total number of available water units. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 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 the project site. 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 the project site 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. For these same reasons, the existence of archaeological sites within the project site is also unlikely. A site inspection of the project site conducted by the Department of Land and Natural Resources (DLNR) in 1995 did not identify any archaeological sites. The DLNR, in response to this application, found that no historic properties will be affected by the proposed subdivision development. Based on the above findings, this request to reclassify the subject properties from an Agricultural-5 acres (A-Sa) and Single Family Residential-10,000 square feet (RS-10) to a Single Family Residential-20,000 square feet (RS-20) zoned district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, an amendment to the SLU Boundaries Map H-7 and Section 25-8-3 (North Kona Zone Map) are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 We are enclosing a copy of the staff background for your information. Sincerely, Geraldine M. Giffin, Chairman Planning Commission Ldeluz02pc Enclosures cc: Mr. Gregory R. Mooers Mr. Ivan Nakano Department of Water Supply Department of Public Works Brian Minaai, Director/DOT-Highways,Honolulu State Land Use Commission Planning Department -Kona l• BDeLuzDREZdsa.doc-1 /18/02 COUN'T'Y OF HAV6VAII PLANNING DEI'AIIT'MEN1' ~ACI~GIZOUND IZEPOItT DAVID S. DE LUZ ENTERPRISES PROFIT SHARING PLAN STATE LAND USE DOUNDARY AMENDMENT APPLICATION (SLU 01-010) CHANGE OF ZONE APPLICATION ~ItEZ 01-021) DAVID S. DE LUZ ENTERPRISES PROFIT SHARING PLAN. has submitted application for a State Land Use Boundary Amendment (SLU 01-010) from Agricultural to Urban District for 12.278 acres and a Change of Zone (REZ 01-021) by changing the district classification from Agricultural (A-Sa) and Single Family Residential (RS-10) to Single Family Residential (RS-20) for approximately 20.988 acres of land. The properties are located west (makai) of Mamalahoa Highway, adjacent and south of Kona Coastview Subdivision and at the ends of Kiekie Street and `Ili'ili Street, Kalaoa 4"', North Kona, Hawaii, TMK: 7-3-5: 95, and Portions of 31 and 85. GENERAL INFORMATION 1. Land Ownership: David S. De Luz, Sr. Enterprises Profit Sharing Plan and James S. Matsumoto and wife are the fee owners of the subject properties. 2. Subdivision No. 7381: The project site is part of a larger five-lot consolidation and subdivision action which was granted Final Subdivision Approval on May 10, 2001. These newly configured parcels are not yet reflected on the tax maps. The requested State Land Use boundary amendment and change of zone will affect a total of four lots within the newly created subdivision. 3. State Land Use boundary Amendment Ordinance No. 96-135 and Change of Zone Ordinance No. 96-136 (Matsumoto): Effective October 23, 1996, these ordinances changed the district classifications for an 8.943 acre portion of the applicants' current 20.998-acre project site from the State Land Use Agricultural to the Urban District and its zoning from an Agricultural (A-Sa) to a Single Family Residential (RS-10) zoned district. These changes in the district classifications were made to accommodate a proposed 6-lot residential subdivision consisting of 10,000 -1- s f. ~ ! / square foot lots and a bulk lot, Change of Zone Ordinance No. 96-136 was adopted subject to various conditions of approval detailed within the attached Exhibit B- Ordinance No. 96-136. PROP®SEI) I)EVEL®PIVIENT Request: The applicants are requesting a State Land Use District Boundary Amendment from an Agricultural to an Urban District for 12.278 acres of land and a Change of Zone from Agricultural (A-Sa) and Single Family Residential (RS-10) to a Single Family Residential (RS-20) zoned district for approximately 20.998 acres of land. Only 12.278 acres within the 20.998-acre project site requires a State Land Use District Boundary Amendment since 8.710 acres already maintains an Urban District classification secured though Ordinance No. 96-135 (Matsumoto) issued in 1996 5. ®bjeetives: The applicant intends to subdivide the project site into 35 lots maintaining a minimum lot size of approximately 20,000 square feet. 6. Prop®sed Ianpr®veme~ats: The 221ots proposed within Phase I will gain access from `Ili `Ili Street and the remaining 13 lots in Phase II will gain access from Kiekie Street. A connector road within the proposed subdivision will physically connect the ends of `Ili `Ili Street and Kiekie Street to provide interconnectivity between these two roadways and the subdivisions they service. All interior roadways within the proposed subdivision will privately maintained with 50-foot wide rights of way and 20 feet of pavement width. Rolled curbs„grass swales, and drywells will also be installed. All utilities within the proposed subdivision will be installed underground. 7. Other Project Retails: fine applicants state that deed covenants within each of the 35 proposed lots will prohibit the construction of Ohana dwellings. 8. Pr®ject T'i~raetalble: The applicants intend to commence with the development of the proposed subdivision immediately upon securing the proper governmental land use approvals. The proposed subdivision will be developed in two phases consisting of 22 lots in Phase I and the remaining 13 lots in Phase II. 9. Supportive Inf®ruaatimmn: (Sed Lxhibit C -State Land Use Boundary Amendment and Change of Zone Applications ) -2- STATE %'~ND COUNTY PLANS 10. SLU: Approximately 8.710 acres within the project site is designated Urban by the State Land Use Commission with the remaining 12.278 acres designated Agricultural. 11. GP C®nsistency: Economic, Land Use and Commercial elements goals, policies and courses of action. 12. GP LUPAG l0~dap: 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 maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 13. Keah®le t®18;ailera ()fit®~ Level®pnaent Plan: Residential Expansion. The K to K Plan was adopted by the County Council by Resolution on Apri13, 1991. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. Upland Residential done: Residential Expansion Areas (800 acres): The expansion areas in the upland zone would accommodate an additiona13,000 to 5,000 housing units. The project site and immediately surrounding area is identified as an existing residential area that is included within the Residential Expansion Area. 14. K~rna Rcgi®nal Plan: The Kona Regional Plan, adopted by the Planning Commission by Resolution in 1984, recommends the project area for residential uses at a density of four (4) units per acre (RES-4). This recommended land use is consistent with a current zoning designation of RS-10, a higher density than that being requested by the applicant. 15. Ccaunty ~®ning: Parcel 85, consisting of 8.943 acres, is currently zoned Single family Residential-10,000 square feet (RS-10) by the County. The applicants' request is to rezone a portion of Parcel 85, or 8.710 acres, to RS-20. The remaining 0.233 acre (10,150 square feet) will remain RS-10. The remainder of the 20.998-acre project site, or 12.278 acres, is zoned Agricultural-5 acres (A-Sa). -3- 16. S1VIA: The subject properties are not situated within the Special Management Area. It is located approximately 3 miles from the nearest coastline. 17. Coastal Z®ne 1@~Ianagement~-:HITS 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. DESCRIP~'IOIoT OF SUB.IECT" I'ROPERT°IES AND SURROUNDING AREA 18. Subject Pr®perty: The project site is located approximately 700 feet makai (west) of the Mamalahoa Highway and about 1,000 feet north of Kaiminani Drive. The project site is situated adjacent to the south of Kona Coastview Subdivision. There is an unoccupied single-family dwelling situated at the makai end of the project site. This dwelling will be preserved. Other than the dwelling, the remainder of the project site is vacant and was previously utilized for pasture. Slopes within the project site range between 6 and 20 percent. 19. Surr®unding ~®nangll.and LTses: Adjacent to the north is Kona Coastview Subdivision and approximately 375 feet to the south is Kona Palisades Subdivision. These subdivisions are situated within the State Land Use Urban District and are primarily zoned Agricultural (A-Sa) 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. Situated mauka (east) between the project site and the Mamalahoa Highway are lands presently zoned A-Sa, Several requests for State Land Use Boundary Amendments and Changes of Zone for lands within the immediate vicinity of the project site have been recently approved or are currently pending before the Planning Commission or the County Council. These applications (refer to Exhibat A for locations) include: a. TMK: 7-3-005: 030 -Applicant: Ellen M. Garver Request: SLU: Agricultural to Urban REZ: A-Sato RS-20 Proposal: 4-lot subdivision Status: pending before Planning Commission -4- ,-q b. TMK: 7-3-005: Por of 32 & 33 -Applicant: David S. DeLuz, Sr. Entert~rise Request: SLU: Agricultural to Urban REZ: A-Sato CN-10 Proposal: Retail and neighborhood commercial center Status: pending before County Council c. TMK: 7-3-005: 098 -Applicant: Keven & Patricia Rinkenbach Request: SLU: Agricultural to Urban REZ: A-Sato RS-15 Proposal: 16-lot subdivision Status: Qrdinances adopted by Council-Effective: May 17, 2000 d. TMK: 7-3-005: 089 -Applicant: Peter Dungate Request: SLU: Agricultural to Urban REZ: A-Sato RS-20 Proposal: 12-lot subdivision Status: ®rdinances adopted by Council-Effective: August 12, 1999 20. U.S.D.A. Soil Type: Soils within the project site 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 prof le, the surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava bedrock. This soil is medium acid. The Beat 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. 21. Land Study bureau S®il Rating: Soils within the project site are classified as "E" or "Very Poor" for agricultural productivity. 22. Agricultural Lands of Irnp~s~°tance to the State ®f Ilawaii (ALISH) Systean: Soils within the project site are not classified on the ALISH map. 23. It,IR1VI: According to FIRM, the subject site is designated Zone "X", an area determined to be outside of the 500-year flood plain. 24. Fls~a-a/Fauna Res®urees: As the project 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. According to the applicant, the project site consists of an overstory -5- of Christmas berry, lama, alahee, kukui, mango and purple strawberry guava. Ground cover consists of lauae, bitter-yam, Lantana, air plant, noni and a variety of grasses. 25. Archae®l®gical Resources: Department of Land and Natural Resources -Historic Preservation Division staff archaeologist inspected the project site on November 1, 1995. No historic sites were identified. 26. Cultural ®r lolative Gathering Ilights: According to the applicant, no valued • cultural, historical or natural resources exist within the project site and no gathering is taking place. 27. Pulalic Access: According to the applicant, the project site does not provide public access to the mountains. PUBLIC U'T'ILITIES Alm SEItVIC'ES 28. Access: Kiekie Street, which approaches the subject property firom the north through Kona Coastview Subdivision, will provide access to 22 lots within Phase I of the proposed project. `Ili'Ili Street, which approaches the project site from Kaiminani Street to the south, will provide access to the 13 lots within Phase II. Both of these privately-maintained roadways have 50-foot rights of way with a pavement widths of 20 feet. Interior roadways to be constructed within the proposed subdivision will connect both Kiekie and `Ili `Ili Streets, providing for a through connection between Kona Coastview Subdivision to the north and Kona Palisades Subdivision to the south. Applicant states that traffic generated by the proposed subdivision should be accommodated by existing roadway infrastructure. 29. Water: According to the applicant, water to support the proposed subdivision can be made available from a 12-inch waterline along the Mamalahoa Highway. According to the Department of Water Supply, 32 units of water can be made available to support the proposed 35-lot subdivision, making for a deficit of 3 units of water. The Department of Water Supply does not have an objection to the change of zone request provided that the subdivision cannot exceed the total number of available water units. -6- . 30. 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. 31. tether lEsseaatial 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 south of the project site. AGEN~II?S' CO10~1~I1~101TS 32. darks and Recreati®r€ (December 7, 2001 memorandum) "With continued urban growth in the Kalaoa area and the absence of public recreational facilities in the area, a community benefit fee should be determined and imposed," 33. Real Pr®perty T'az Divisi®n (November 26, 2001 memorandum) "Property is receiving agricultural use value "Possible rollback taxes "Par.031 subj. to rollback ~i penalty upon re-zone or subd." According to the memorandum, taxes for the project site are current and are paid through June 30, 2002 for TNLI~: 7-3-5: 31 and through December 31, 2001 for Tl'~IKs: 7-3-05: 95 and 85. 34. P®lice (November 27, 2001 memorandum) "It appears that the applicant already has the zoning necessary to create a 38-lot subdivision and that this request will actually reduce the number of lots to 35. While we believe that thirty-five 20,000 square foot lots is an improvement over thirty-eight 10,000 square foot lots, we remain concerned of the traffic impacts along the Palani Road corridor. Prior to approval of any building construction, the needed traffic infrastructure along Palani Road should be completed. Further, any increase in population will create a need for additional police services." -7- 35. I)epartuaent of health (November 23, 2001 memorandum) "~y current rules, the subject lot is located in a Critical Wastewater Disposal Area. A lot size of five (5) acres or more are required for the use of a cesspool. Ls~t sizes less than five (5) acres will require a septic system or public sewer when accessible." 36. Department of Laud and Natural Resources historic Preservation Di~isioa~ (December 3, 2001 memorandum) "We believe there are no historic properties present because residential development/urbanization has altered the land and previous grubbing/grading leas altered the land. Thus, we believe that "no historic properties will be affected" by this undertaking." 37. Depart~aaent of Public Works: (See Exhibit D -December 14, 2001 memorandum) 38. Eire Department: (See Exhibit E -November 28, 2001 memorandum) 39. State Land Use Commission (See Exhibit F -January 10, 2002 memorandum) 40. Department of Water Supply (See Exhibit G F January 23, 2001 memorandum) AI'I'LICd~~l\ 1'S RESPONSE TO AGENCIES' COIVIIVIENTS 41. Applicant's Letter to Planniiag Director dated January 16, 2002 "Department of Parks and Recreation The County Council has consistently applied an Impact Related fee for residential change of zones. A portion of that fee is designated for Parks and Recreation. The applicant expects that such a fee will be applied to this change of zone request as well. Department of Finance: The applicant understands that the property has been taxed as an agricultural property. Should this application be approved the applicant understands that a rollback tax may be assessed. -8- Department of Health: The applicant understands that this is a Critical Wastewater Disposal Area, and as such individual wastewater treat~rtent systems must be septic systems. Department of Public Works: The applicant will comply with drainage, grading and underground injection control regulations. The applicant intends to continue `Ili'Ili Street through the subject property and connect to Kiekie Street. Please see the rezoning exhibit in the application. The applicant does not propose to connect to the parcels mauka of the subject property as we do not believe another mauka-maki (sic) connector to the Ivlamalahoa Highway is necessary in this area or wise as it would create another intersection on this highway between Ahikawa and Kaiminani Streets. The applicant also does not own the parcels mauka of the proposed subdivision and these parcels are zoned agricultural and developed as such." ~2. Applicant's Letter to Plana~i~ag Director dated January 21, 2001 "I previously responded to the comments from the Department of Parks and Recreation regarding the subject propertyd I would like to amend my response. After reviewing the comment -and the response with the applicant I was reminded that a Isortion of the subject property is zoned RS-10 in addition to the A-Sa zoned portions. The result of the proposed change of zone action actually decreases the number of potential lots and therefore will decrease the burden on parks and recreation. If the applicant developed under the current zoning he could develop thirty-eight units on the RS-10 portion and then one unit each on the two A-Sa parcels for a total of forty units. The proposed change of zone will allow the development of only thirty-five units. Given the decrease in density and overall development the applicant does not believe that impact related fees should or will be assessed by the County Council." AGENCIES ~ N® ItESP®NSE or CI)1VIlA~IENTS ~3. Office of I-lousing and Community Development, Department of Transportation, Department of Agriculture, Natural Resources Conservation Service, Department of Environmental Management, Department of Land & Natural Resources -Land Division, Department of Education -9- PiJ~~.I~ G'OElmT~'S 44. I~Io public comgnents regarding the subject applications were received by the Planning I~epartanent. -10- U Q ~ W N 2 Q ~ ~ ~ z ~ z ~ ~ ~ x Q e- ~ _ ~ ~ ~ I v'~"+ I'Y"~" 4 ~ ff ~ i f r ~ ~l ~ f Ate, . ~ ~ ~ ,Y _ --somas; ~ ~r~,,,.a~l ~ ~ ~ ~ -s{ ~ -i?~- ,r t ~ ~ ~ ~ Itii iii ~y ~ Iii ~"~,,,r'~ i,~ ~ r~, ~ T~~ s ~ ~~-ma'''y 't ' 1`'~ ' y ~ t ~ ~ 5- ~ , , ~II~I, Nom. 326 (D~aft 5) ~IZI~INAN~~ N®. ~3~ AN ORDINANCE AIvi13NDING SECTION 25-87 (NORTH KONA ZONE MAP), ART`ICL1~ 3, CHAPTER 25 (ZONING CODE) OF'THE HAWAII COUNTY CODE, I3Y CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNIdD (LJ) TO SINGLE FAMILY RESIDENTIAL (RS-10) AT KALAOA 4th, NORTH KONG, HAWAII, COVERED 13Y TAX MAP KEY 7-3-5:85. 1313 IT ORDAINED I3Y THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classif cation of property described hereinafter as follows: The district classif cation of the following area situated at Kalaoa 4th, North Kona, Hawaii, shall be Single Faa~aaily Residential (RS-10): Beginning at the Southeasterly corner of this parcel of Iand, being also the Southwesterly corner of Lot 4 ltd being a point on the Northerly boundary of Lot ~-1, the coordinates of said point of beginning referred to Governmeng Survey 't`riangulation Station "MOANZ.~IAIA" being b,755.53 feet South and 9,063.15 feet West and manning by azimuths measured clockwise frogrt `True South; Thence, for the next six (6) courses following along Grant 1606 to Kanehailua; 1. 86° 53' 30°° 433.50 feet along Lot I3-1 and along Grant 1607 to Nawahie to a point; 2. 87° 56' 30" 50.46 feet along Lot I3-1, along Grant 1607 to Nawahie and along the Northerly end of 'Ili'Ili Street to a point; Thence, for the next eight (8) courses follov~ring along Lot 5-E and along the rerraainder of 1608 to Kckeleaukai: 3. 177° 56' 30" 25.00 feet to a point; I+ XkII~IT ~ - Ordinanance No. 96E 136 4. 87E 56' 30" 162x92 fact to a point; 5. 92° 09' 111:83 feet to a point; 6. 91 ° 33' 30" 178:68 feet to a point; Whence, following on a curve to the lit with a radius of 300.00 feet, the chord azimuth and distance being: 7. 160° 34' 40" 237°59 feet to a point; 8. 137$ 15' 264.21 feet to a point; 3°hencc, following on a curve to the right with a radius of 300.00 feet, the chord aairnuth and distance being: 9. 158° 50° 30" 220.79 feet to a point; 10. 180° 26' 11.03 feet to a point; 11. 267° 20° 30°` 74.b5 feet along the Southerly end of Kiekie Street and along Lot I3 of Kona Coastview Subdivision, Unit II (File Plan 915) to a point; 12. 246° 49' 30" 122.46 feet along Lots 13 and 12 of Kona Coastview Subdivision, Unit I1 (File flan 915) to a point; 13. 268° 46' 67.63 feet al®ng Lots 12 and 11 of Kona Coastwiew Subdivision, Unit II (File flan 91 S) to a point; l4. 278° l4' 119.55 feet along Lots 11 and 10 of Kona Coastview Subdivision, Unit II (File Plan 915) to a point; 15. 273° 44' 174.40 feet along Lots l0, 9 and 8 of Kona Coastview Subdivision, Unit II (File flan 915) to a point; -2- .s 1 16. 267° 02' ?9.00 feet along Lot 8 of Kona Coastview Subdivision, Unit II (File 1?last 915) to a point; Thence, for the next seven (7) courses following slung Lot 2-A and along the remainder of Grant 1608 to Kekeleaukai: 17. 6° 49° 40" 321.40 feet to a point; 18. I ° 02' 23 9.63 feet to a point; 19. 270° 32' 20" 247.33 feet to a point; 20. 254° 48' 45" 230.99 feet to a point; 21. 233° 24' 30" 82.04 fart to a point; 22. 198° 35' 40" 126.09 feet to a point; 23. 269° 22' 122.61 feet to a paint; 24. 352° 40' 30" 336.01 feet along .Lots 3 and 4 and along the remainder of Crrant 1608 to ICekeleaukai to the point of beginning and containing, an arcs of 8.943 Acres. All as shown on the neap attached beret®, marked Exhibit "A" and by reference made a part hereof. SEC'T`ION 2. This change in district classification is conditioned upon the following: A. 'The applicant, its successors or assigns shall ize responsible for cornply~g with all of the stated conditions of approval. The required water cornitffient paytxtent shall b~e subffiitted to the 13epar~ent of Water Supply in accordance with its '9Vater Cornmitffient CBuideii~es Policy" within niaaety (90) days ii°oin the effective date of this ordinance. -3- C. In any subdivision or re~subdivision of the subject property, each Iot granted #inal subdivision approval, except -for road lots, shall have not less than one unit of water available and coznYnitted to it by flee Iepartment of Water Supply. No waiver shall be fed frorr~ this provision. D. Final Subdivision Approval for a portion or all of the subject property shall be secured from the 1?I ~ Director within five (5) years frown the effective date of this ordinance. restrictive c®Ve in the deeds of all the proposed residential lots shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot of the subject property. A copy of the covenant with this requirement shall be submitted to Lhe PI g Director for review and approval prior to Final Subdivision Approval. eopy of the approved covenant shall be recited in an instrument executed by the applicant and the County prior to l~il Subdivision Approval for any portion of the subject property. The Planning Director shall promptly deliver such docurnerat to the bureau of Conveyances for recordation. A copy of the recorded document shall be filed with the Planning Director upon its receipt froffi the Bureau of Conveyances. F. In conjunction with final subdivision approval for any portion of the subject property, °lli'iIi Street shall be extended to its norehern boundary and constructed to dedicable standards rgteeting -with the approval of the Department of Public Works and sha11 be dedicated to the County of I-Iawaii upon completion. G. Access to all the lots within the proposed subdivision shall meet with the approval of the Department of Public Works. Improvements within the proposed subdivision shall include underground utilities. ~9 H: In conjunction with Final Subdivision Approval for any portion of the subject property which establishes a lot west (makai) of the 'Ili'ili Street extension. Kiekie Street shall be extended to connect with 'Ili'iIi Street either within the subject property and/or through abutting lands according to an alignment and design approved by the Department of Pubic Works. The extensions of Kiekie Street and "Ili'iii Street and any roadways connecting such streets shall be constructed to dedicabee standards, rraceting with the approval of the Department of Public Works and shall be dedicated to the County of Hawaii upon completion. L Drainage improvements, if requfred, sha[1 be constructed in a manner meeting with the approval of the I~epar'ttraent of Public Works in conjunction with Final Subdivision Approval for any portion of the subject property. J. To ensure that the goals and policies of the Housing Element of the general Plan are implemented, the applicant shall secure the concurrence of the ®~ce of Housing and Corrununity Development that the applicant's affordable housing requirements, if any, have:been raautually agreed to prior to Final Subdivision Approval for any portion of the subject property. K. Should any retrains of historic sites, such as rock walls, terraces, platforms, shell concentrations or h burials, be encountered, work in the mediate area shall cease: and the Departgnent of l;~and and Natural I2esources- Hist®ric Preservation Division (DImN~t-IUD) shall be iram~ediately notified. subsequent work sh~Il pr upon an archaeological clearance frown the DI~1-T~'I~ wlzen it finds that sufficient mitigative measures have been taken. L. The applicant shall make its fair sham contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities, and roads, The amount of the fair share -5- contribution shall be the earnwhich is the product of rnultiplyin~ ~e number of residential-lots proposed to b~.subdivided by the aanounts allocated hereinbelovv for each such lot, and shall become due and payable prior to f nal subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided ire tiro or more increments, the aanount of the fair share contribution due and payable prior to final subdivision approval of tech irtcrerr~ent • shall be a earn calculated in the earns manner accordin8 to the aaumber of additional proposed residential: lots in each such increment. The fair share contributiorg nlay be a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with ilia affected a8eracies. The fair share contribution shall have a rnaxirnutn coanbined value of $?,239.16 per lot. used upon the applicant's representation of intent to subdivide and develop up to thirty (30) residential lots, the indicated total fair share contribution is $217,1'74.80, however, the total aanount shall be increased or reduced in proportion with i13e actual giber of subdivided lots accordang to she calculation and payment provisions set forth in this Condition L.. 'I°he fair share contribution shall be allocated as follows: 1. $3,490.85 per lot, for an indicated total of $104,725.50 to the County to suppore park and recreational improvements and facilities; 2. $158.40 per lot, for erg indicated total of $5,052.00 to the County to support police facilities; 3. $332.61 per lot, for an indicated total of $9,998.30 to the County to support fire facilities; ~6- $145.b2 per lot4 for an indicated total of $4,368.60 to the County to support solid waste facilities; S. $3,101.68 per lot, for an indicated total of $93,050.40 to the Stag or County to saapport road and traffic improvements. The fair share c®ntributions described above shall be adjusted annually beginning three years after the effective date of the change of ~onc, based on the percentage change in € Fi®nolulu Consumer Price Index (~ICPI). In Iieu of paying the fair share contribution, the applicant may comstrtact and contribute improvements/facilities related t® parks and recreation, fire, p®Iice, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject m the approval of the director. The cost of providing and constnacting the se of roadway which establishes a roadway connection between I~ie~ie and 'Ili'ili Streets (exclusive of interior subdivision roads), as set forth in Conditions ~I, shall be credited against the sane specified in Condition L(5) for road and c irtaprovernents. For purposes of adtninisteria~g Condition L, the fair market value of land contributed for such roadway segment and the cost of constructing its irnproveYnents shall be subject to the review and approval of the director, capon consultation with the appropriate agencies. M. Should the Council adopt a Unified Impact®Fees Ordinatace setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall credited towards the requirements of the Unified Iinpact Fee ®rdinance. N. An initial extension of tune for the perfortriance of conditions within the ordinance inay be ted by the Pl g Director upon the following circ ceso 1. T12e non~perfora~ance is the result of conditions that could not have been . foreseen or ~e beyond the control of the applicants, successors or assigns, and that are rant the result of their fault or negligence. . 2. Granting of the dine extension vd?ould not be cort~ary to ilea General Plan or honing Oode. 3. Granting of flee tinte extension would not be contrary to the original reasons for the ting of the change of none. Ttie tune extension .fed shall be for a period not to exceed the period originally granted for rforrraance (i.e., a condition to tae perforrraed within one year rraay tae extended for up to one additional year). O. Should any of the conditions not be rtaet or substantially corraplied with in a timely fashion, the Director rzaay initiate rezoning of the area to its original or more appropriate designation. SlEC'I`ION 3. In the event that any pogtion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. I ag_ SECTION 4. ~I°his ordinance shall take effect upon its approval. IN°I°RODUCED 13Y: COUNCII'. ME 19., COUN`T`Y ~ I-£~i~/AII Date of Introduction: Ito 2, 1996 Date of lst l~eadan~; Otto 2, 1996 Date of 2nd TZeadin~: Otto 16, 1996 Effective Date: Octo ~3, 1996 AF'~.QVED ~?S T® FOI~IyI AND I:EGA.L.I"I°Y ~ ~ r_ /^/I .t. / l.~-.~ fit. ' t COI~1'OI~`lION COUNSI:I.~ D~-I~D: /~-/Z let RUE NORTH ~ E L T ~ SC®le: 9~ ~ Sd~~ A-9'O• A o D d~NPLANN~~ (U j 'TO To-Kci±u~ SIREGL~ ~'e?6o~9LY ~ESIQEN'TI/AL ~O ~e4 x.943 AC~E~ o gym. mee~ A > A-~• ®vae~ 6,755.53 S ~ ~ ® ~ 9.063.16 W u~ i®e.e~ '~90ANilWhiEA ~ A-ae g e e! ~ o@ n® e A A-I• w ~ N®gl®o s/ ~ 69 10 o® hoed s A-1• A • 1{ s• 6 w tJ e A • A- 8 Y A-1• es-~o a..e A-ie ....i r ~ !E®®1 ee/ -1• s • A-1• st m a® A-1• A-f• ~ ~ ~ ~ I A~IE~SDING SECTION 25®S7 (NORTH KO1~#A ZONE INAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OE' THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM! UyPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS®10) AT KALAOA 4fh, NORTH KONA, HAWAII. PREPARED BY :PLANNING DEPART~4ENT COUNTY OF HA1'YAII TAA6L 7-~3-5:85 AAAY 24, ~ 996 ~)C9°It~~'T cao..ssu~a~ro DEVELO€'24EPtS c~eae~eewr. rec.) • - T d ® ®r 6?®Wa, j j ~~.j~ ' ~ ~AL83t~y Of ~BR/dll Hil0 . ~I~z8Xi88 ,r..- . e ~ ' 'd ~ ~ R®Z,L, CAIN. V®'1~ Inmrodueed By: ~akaa~ IS~minc7o , X ~at~ Isatsodase~d; Qctot~° 2 . 1996 past Reading: ~tofi~x° 2. 149 1 x Pukslished; Octo~ 9. ].996 X i~ i X REMARKS: O°n"n X Os~ri® X Van Da Cap' X any x Smith X 5 4 0 0 (DRPbF'T 5 ) It~~I~CALL~ V~°I~ Second I~eadin~: Octol~r 16, 1996 AYE ieB®~S A~ ~c 'To Iviayor October' 17 , 1996 Ret~a~ned: October 23, 1996 " X Effeetive: October 23, I996 Earle X published IVanr 9,~ 1996 ~ X Os X REMARKS: i7o~in X O~~i® X Van I~ Off` X ~y X Saaitpn X 7 I I 0 I ~®gIE~~Y CTT~Y that tlse f~r~,~~in~ ~IZ6L xa~as ~®pted by t1a~ ~®aanty ~®aa~ciI aa~ publi~hecl ~ asediccated rab~~e CO IL ~elIR14,IA1V Coa~v°nr cI~K Appro~ed~ eat this ~ of ~ ,19 ~i~ 1~YOIs', COLYIVT`Y ~i'A6NAII _ BaII N®.: _ 326 (Dga~t 5 ) C-I354/~-1.,56 ' Oz~ I?d®.: _ ~~vTY OF HAWAII PLANNING L_ _ tidTl+'IENT APPLICATION FOR STATE LAND USE HOUNDARY AMENDNSENT (l5 ACRES OR LESS) APPLICANT: David S. De Lug Sr. Entervrises Profit Sharing Plan APPLICANT'S SIGNATURE: e~~ C' Ivan Nakano, Trustee - NSAILING ADDRESS: 811 Ranoelehua Avenue Hilo, Hawaii 96720 - TELEPHONE: (HUS) 935°2258 (HOME) .LANDOWNER: David S. De Luz Sr.Enterprises Profit Sharing. Plan-~-, James S. and Be ty Mat umoto o._ - LANDOWNER'S SIGNATURE: C~.~ Ivan Nakano, Trust James S. and Betty Matsumoto y etter TAX MAP KEY: 7-3°OS : 31 , ~r~ba.?,~ ~ 95 LAND AREA: 12.278 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIF`ICATION:Urbran THE APPLICANT SHALL SURNiIT THE FOLLOWING: . A. Non refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location asap. 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 Plata 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 asap requested under H.3, above. EXIII~IT` C - SLU and RED Applications 0400q PD 2/26/87 CIiA.1~TG ®1 AI'PI~IC~,~I®~T r ~ ~ _ COUNTY OF' ~A WA.II < PLATING I)EPARTMJENT (Type or legibly print the requested information) APPLICANT: David S. De Luz Sr. Enter rise Profit Sharing Plan APPLICANT'S SIGNATURE: ~ DATE: 2 n ~ 1 Ivan Nakano, 7`rustee ADDRESS . R 1 ~ w o n ~+sa ~ c t, i» A v e Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: D a v i d S. D e Luz S r. T r u s t e e ru ee PRONE:(13us.) ~~,5-2 58 (Res.) (Fax) 961-2076 LANDOWNER(S): navi rl 4 _ na T.n~ 4r F.ntPrnri ~o Prnfi t Shari nQ P1 a~ James S. an Bet y tsumoto LANDOV4/NER SIGNATURE(S): DATE: ~ ~ 2 n ~ ~ 1 (May be by letter) LANDOiVVNER(S) ADDRESS: 811 KanoPl~hua Avg, Hilo Hawaii 96720 REQUEST: A-5a & RS-10 TO RS-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7 -~~n s ~ ~ ~ , P~~ ~ s R g 5 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: ~ n 4 ft R a r r c c AGENT: GreQOrv R. Mooers ADDRESS: Mooers Enterprises P 0 Box 1101 Kamuela,_ Hawaii 96743 TELEPI~IONE:(Bus.) 88~-6$.~Q~__ (Res.l f385-71 ~6 (F'ax) g85- 74 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: M o o e r G COPIES:~ia k a n o (See Instructions on Reverse Side) 4 ~ ATTAC DIME NT Residential Rezoning PLANNING DEPART?~NT COUNTY OF HAWAII APPLICATION FOR C1,4AANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change Of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. Pow many acres of the requested area do you intena to subdivide? 20.988 acres o. Into what lot sizes? 2~0 000 s , f . c. If your request is approved, a~aproximately how long _ after the date of approval do you expect to suomit your subdivision plans to the Planning Department for preliminary approval? I mme d i a t e l y d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? douse Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to suodivide, please suomit a preliminary schematic subdivision plan together with your change of zone application form. Please see change of zone exhibit. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. - 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? How? The proposed action will provide 35 residential lots in this highly desirable area of North Kona. 4. Are there any buildings on the subject area? YpG If so, what kind? There is one single-family dwelling near the western (makai) boundary. What do you intend to do with those buildings if your request is approved? It will remain on one of the proposed lots. -2- 5. Is the suoject lava currently oeing used for any agricultural activitity? N o If so, please list the ~cinos of arooucts grown ano on now many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage proolem on the suoject area? If so, please describe the proolem. 7. Oo you think that the roads leading to the suoject are a needs improvement? If so, what Kind? Is the road adequate for the proposed traffic volume or load? Y e s Applicant will be constructing interior roadways. 8, what sort of governmental assistance and/or improvements do you feel will oe needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage e. Police Protection X -3- Yes No f, Fire Protection X g, Recreational racilities X h, Puolic Utilities X i. Otner For those cnec~ced "yes," please elaborate what type or Kinds or .improvements and/or assistance are needed. Signature: Address: 811 Kanoelehua Ave. Hilo, Hawaii 9672C Telephone: 935-2258 Date: 8/20/01 6337A/SOA P.O. 5/84 ~ACG~®UND L`"~1 \ D CO V 1 ~ 1 1 ENV 1~ONl~'lE~T~~~ ~.1'a~0~ 1 STAVE LAND USE DOiJNDAItY AMENDMENT: AGI~ICUI..TLTitAL T°O ULAN C~IANGE OF' ZONE: AGI~ICULTUI2AI.5-ACRE AND 12ESIDENTIAL 10,000 5.;~`. TO 1tESIDENTIAL 20,000 S.F. Taa; Map Bey: (3~ ~-3-05:31portion, ~5 and 95 Kalaoa 4`h, North Iona, I~awaii Applicants: David S. De I~uz 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 fora 12.278 acre portion of the subject property and a Change of.~one from Agricultural 5-acre (A-Sa) and Residential 10,000 square foot (RS-10) to Residential 20,000 square foot (RS-20) for a 20.988 acre parcel located at Kalaoa 4~`, North Kona, Hawaii, Tax Map Key (3) 7-3- 05:31, portion 85 ~ 95. These requests are made to allow the subsequent subdivision of the property into 35 residential lots with related improvements. The present zoning would allow the development of forty units. GENERAL INEOItMA'TION: David S. De Luz Sr., Enterprises Profit Sharing Plan and James S. Matsumoto and wife Betty are the fee owners of the subject property. 1 SUBJECT REQUEST/PItOPOSED DEVELOPMENT: A. The applicant is proposing to redistrict a 12.278 acre portion of the property from the agricultural district to the urban district and change the zone from Agricultural 5-acre (A-Sa) and Residential 10,000 s.f. (RS-10) to Residential 20,000 s.f. (RS-20) to allow the subdivision of the property into 35 residential lots in conformance with the new zoning designation. This is a decrease in density from the present zoning. B. A 8.710 acre portion of the site was reclassified to the State Urban District and County Residential 10,000 square foot (RS-10) zone in 1996 (REZ 96-5). Thirty- eight units would be permitted with this present RS-10 zoning. C. The site has one single-family home in the western (makai) area of the property, the balance is presently vacant and unused. This dwelling will remain. A significant portion of the site has previously been graded and used for pasturing animals. D. The existing 20.988 acre lot is a rectangular shaped lot located between the terminus of `Ili `Ili Street on its southern boundary and the terminus of Kiekie Street on its northern boundary. The subject property is one lot mauka of Ke'oke'o on the west, and one lot makai of Mamalahoa Highway on its eastern boundary. Please see the location map in the exhibits. 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, approximately 500 feet south of the subject property. Kiekie Street intersects with Ahikawa Street, the mauka-makai connector in the Kona Coastview Subdivision to the north. F. Access to 22 of the lots is proposed to be from `Ili `Ili Street in Phase I of the subdivision and the remaining 13 lots will be accessed from Kiekie Street. There will be a connector road built between the terminus of `Ili'Ili street and Kiekie Street through the subject parcel to become part of the district's regional transportation system and traffic from this project should be accommodated by the existing roadway infrastructure. 2 G. The interior roadways are intended to be privately owned with a 50' right-of--way and 20' of asphalt paving. There will be rolled curbs and grass swales. Dry wells will be installed as required by the Department of Public Works. I-I. Underground utilities will be provided to each of the proposed 35 lots from the area's existing infrastructure. I. Construction on the f rst lots will begin immediately after all governmental approvals are secured. J. There will be restrictive covenants developed for the subdivision that will prohibit ohana dwellings to preserve the single-family residential ambience of the area. CONFORMANCE WITH STATE AND COUNTY PLANS: A. State Land Use Designation: The State Land Use District Classification of the subject parcel is Agricultural (12.278 acres) and Urban (8.710 acres). A portion of this request is to re-district the Agricultural portion of the subject property 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 Agricultural portion of the subject parcel consists of 12.087 acres. B. Applicable Goals/Policies and Objectives of the General Plan: A. 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. 3 POLICIES ~ fihe County of I-Iawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. `The County shall strive for full employment. M. 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. GOALS ~ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. POLICIES ~ Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. ~ 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. ~ fihe 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. 4 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 other pertinent factors bearing upon the performance of the petitioner. (5) SINGLE-FAMILY RESIDENTIAL Through careful examination and analysis of the present situation, the following goals, policies, and standards are set forth to guide the orderly development of single-family residential areas in the interest of the residents of the County of Hawaii. GOALS • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential azeas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall encourage and coordinate with the State in providing fee simple and leasehold single-family residential lots to the residents through State and/or County Housing Programs. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. 5 • The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. H. 1FIOUSING COALS • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. Bevelop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The cornerstone of the County's housing programs and activities shall continue to be the encouragement and expansion of appropriate home ownership opport33anities for our residents. POLICIES • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. 6 C. General Plan Desi~ati®n: 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 pattNrn and mix of uses have not yet been determined. The applications to create slow-density residential project are consistent with the urban form depicted on the LUPAG Map for this area of North Kona, D. C®~anty honing Co€!e: Thd original zoning for this parcels was Unplanned, but upon the approval of the ne~~~. zoning code on I3ecember 7, 1996, all Unplanned zone property was re- designated asAgricultural 5-acre (A-Sa). A 8.710 portion of the subject property was changed to the Residential 10,000 s.f. (RS-10) designation in 1996. This request is to change the zone of all of the property to Residential 20,000 s.f. (RS- 20). E. Community I)eve!®ptnent Plan: The Kona Regional Plan, adopted in April 1984 by the Planning Commission designates the subject area asResidential -four units per acre (RES-4). The proposed residential development is consistent with the Regional Plan. F. Kailua-Keahole Itegi®nal 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 7 in the region. The K-K Plan designated this area for residential expansion. The proposed residential 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. II. Chapter 205A: Coastal Zone Management Act: The subject property is located -three and one-half 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. I. Mountain Access: The subject property is surrounded by the regional roadway system and residential lots. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. PI~IYSICAL CI~A)ItACTEI~ISTICS AND ENVII20NMENTAL SETTING: ~°hysiccal C~iaracteristics~nvir®nrneaatcal ,Setting: A. The existing 20.988 acre lot is a rectangular shaped lot located between the terminus of `Ili `Ili Street on its southern boundary and the terminus of Kiekie Street on its northern boundary. The subject property is one lot mauka of Ke'oke'o on the west, and one lot makai of Mamalahoa I-Iighway on its eastern boundary, at Kaohe 4th, North Kona, I-€awaii, TMK: (3) 7-3-05:31 portion, 85 & 95. Please see the location map in the exhibits. 13. Annual rainfall for the area is between 40 to 50 inches according to An Inventory of 8 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 existing single-family home on the western boundary of the propem, the site is presently vacant and previously used 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 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 azeas. " G. The site is located approximately three and one-half 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. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazazd 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. 9 K. According to the Flood Insurance Rate Map (FIR.M) prepared by the U.S. Army Corps of Engineers, the property is in Zone "X", an azea outside the 500-year flood plain. L. There are no signif cant 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 tom 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 pazcel. 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. Natural Resources (Flora-Fauna): Vegetation 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-Ecora®ruic Characteristics: A. Social settlement patter~~ jor 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 is larger than the census might indicate.. 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 I~Iawaiian: 18.6 Japanese: 13.6%; Filipino: 8.3%; Other: 5.3%. This 10 . distribution illustrates a multicultural community with no distinct minority groups, although the Caucasian population is an expanding majority (Source: U.S. Census f 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 comrriunity. The site is 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 Use~oraing: The property to the north, south and west are in the urban district and zoned agricultural (A-Sa) and residential RS-10 and 15 by the County. There are single-faanily 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. While the property immediately adjacent to the east is in the Agricultural district and zoned A-Sa by the County, there is a pending application to urbanize this area and change its zone to neighborhood commercial. 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. 11 PUDLIC FACII~IT`IES AND SERVICES A. There-are two proposed access-point to the subject property. Access to 22 of the lots is proposed to be from `Ili `Ili Street and the remaining 13 lots will be accessed from Kiekie Street. These two roadways will be connected through this project as part of the regional transportation system. These streets will have a 50' right-of--way with 20' of asphalt paving. Traffic from this project should be accommodated by the existing roadway infrastructure. B. The interior roadways are intended to be 50' right-of--way and 20' of asphalt paving. There will be rolled curbs and grass swales. Dry wells, 8' in depth, will be installed as required by the Department of Public Works. C. Underground utilities will be provided to each of the proposed 35 lots from the area's existing infrastructure. D. Water can be made available to the site from a 6-inch line on `IIi'Ili Street and 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 throughout the project area and connect to the Coastview subdivision. The Department of Water Supply has indicated that thirty-five units are presently available for this property. See the exhibits for 'the DWS letter. E. As there is no municipal system in this area, sewage will be disposed of via individual wastewater treatment systems approved by the State Department of I~ealth. F. The nearest police station is located at Kealakehe, approximately six miles from the project site. G. There is a fire station at the intersection of Palaau Road and the Queen Kaahumanu Highway, approximately six miles from the site. H. The nearest public schools are located in Kealakehe, approximately four miles from the subject property. 12 ENYII€tONMENTAL ASSESSIO~IEN'I` AND ANALYSIS A. Relationship between local short term uses of environment and rrraintenaarce 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. Mitigative measures proposed to avoid, minimise, recta 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 35 lots for residential purposes 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 wool`! be involved if proposed action is implemented: The construction of 35 additional residential units 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 Yninimal 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. 13 OII~TG I~I`I~ ~ _ ~ F~ ~ j' o j app ~~~jl r ii ' 1 ]I xjl 1~6 7 ROYeD (F'o'p as F-ro[sp s ~ ~ o-~py/M e4 jj o +al r _ j ~ =~~I`j ~ r _ :o ~ I . I Y i! ~ zo y; o~' I 1~~ ~ is o x 2 3 ! 1+ _ _ _ 2 ~ cv ~ ~ =o ~ ~ ~ a ! ~ ~ ~ 2 ~p w o I , ~ ~ i f ~ I- U ~ ~ e °o I e ~ ~ ~~i ~ O ® Yo ti ~ ' I li ~ e U i i I - ~j 0 U ~ \ II II ail iw a c ; . II II t ~il ! it y e ~ J z \ > ~ R1L _ 11 t I ~ ~ ~ I ~ I ~ mi I 5 a ~ I • ? a = ! ~ ~~E~ ' 1 r1 I ~ I .>I t ~ ~ ~ ~ x ~ ~ } t i ~ . ~ ~ lY ~ ~ ~ ~ ~ ~ M ~ ~ • ~ ~ r SITE I'HOTOGI~I'I-IS F.Q,a: ' - j Yu. t" A~ ; e ~ A- - K • < it Ili Iii Street Ieadi~a~ to property froffi Kona Palisades Subdivision. s ~ ~ J~Gw,-~' -ass $%,e-~'~' pay .n r !x xr -~t~aig'-ar.~t '~R' -c i1~~. _ ~ r,,. I . + ~A,~,• ~:~..tt 'rte _ 'dc_ +?!sr~ r.r. .i,. ~{!r' pq .+~"'ti',Y ~'ar.,< a.sr 3~ ~g~ g'. 9 gyas4~~j'$~'~~.~!• .;dam a3„~*6.`r- .t'^'.7' .,~-yes ~ r. y ' Vieav of subject property from Ili IIi Street. JAN-17-2002 THU 04:00 P'" _ P. Ol ~~9~AR~NT Pl~1~LIC 1PVQR1{~ CCll1VT1( C~ ~iAWa411 HILL, I~AWAII _ "1 1?_ 2 DATE: lr~raber 10,.240'°9.. ''lz! ~ ~ - - . 4 - . ~ `;~1,~,'~1 i Christopher J. Yvon, Planning ®irector - ' I~lannirag Department ~ . ~1~4M ~ den Ishii, Acting engineering Civision Chief ~911~J~CT` ~hat~ge of done AppUcati®~ (its 01-0Z1) . ~tat~: I~rad Ilse boundary Arv~endrnent Application (St,ll 01x010) Applicant: C7avid . Celuz Sr. enterprise Profit Shareng Plan ~ocati®n: Kalaoa N. Kona, I-il . °I'h111C: 3 / 7-305 :031, 85 and 935 We reviewed the subject application and ®ur comt79~ntS era as follows: . 1. All leveloprnent gen®rat®d run®ff shall be lisposed ®f ®n~site and shall not be directed toward any adjacent properties. A drainag.® study shall be prepared, and the recommended drainage system shall be instructed meeting with the approval ®f t7PW. 1'he applicant shall be enf®rrraed that if they include dryweAs in the subject levelopnraent, an Underground Injecti®n C®ntrol (IJIC) permit may be required from the IJepartrrtent of F-lealth, State of Hawaei. 3. All earthwork and grading shall conform to Chapter 10, ~roseon and S®dirryent Control, of the l~iawaii C®unty Code. In the interest of traffic circulate®n, ~e area road network should be master planned with adjacent parcels, including the parcels mauka of the subject prorties. I~oadvray conn~tions to adjoining parcels sh®uld be pr®vided. ~'he applicant should c®nstruct al! roadways to County dedicable standards grad open therm to publec traffic. 6 Install street lights, segns and markings meeting with the approval of the I~PW, `Traffic Devise®n. 7. All roadways within the proposed d®velopra~aent Shall follow the guidelines incorporated in the I~awaii Statewide Unif®rnt design Manual f®r Struts and Highways. Should there be any questions concerning this matter, please feel fr®e t® intact Khan ~rytler of our Kona engineering Division office at 327-35317. K~ copy: S~d~-HILL/K®NA ~U3~3.~4 PLNC~aK~9VA EXHIBIT D -Department of Public Works memo oJaty oa.M~ Edward Btaffiatay • ~3arry Kim , t'v: ct~~f Mayo ~T?~os'eei,~M C~.~~x~t~r ~f ~x£~~i`t F`~ 1~~P~1`3VI~N~° 25 Aupuni Street • Suite 103 • Hilo, Hswai`i 98220 (808) 961-8297 • Faz (808) 961-8296 November 2 8 , 2 0 01 To: Christopher J. Yuen, Planning Director From: Edward Sumatay, Fire Chief. SUBJECT : STATE IaAI3Ia USE EOLTNDARY A3vIENDNdEN°I° APPIa%CAT%ON (SIaU 01-010) REQUEST: AGRICU~TTJ~nr. TO iJRBAN C~iANGE OF` BONE A~PI~IC.AT%ON (RES O 1- 02 ) REQUESfi: AOR%Ollla`~URAIa (A-5a) AID S%NGLE ~'AM%~Y RES%DENfi%A.L~ (RS-10) TO S%NGI,.E FAIdlII,Y RESIDEN~°%AL (RS-20) APPS%CANT: Y~AV%O S. DELU~ SR. EN`TERPR%SE PROF%°I° SITAR%NG PLAN TAK P~SAP KEY: °~-3-005:095, PORT%ON OF 085 AND PORT%ON OF 031 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "F~re Apparatlas Access Roads "Sec. 10.207. (a) Oeaaeral. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Req:aired. 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. "EXCEPfi%ONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. ~pe~ cow a t EXIII~I~° E -Fire Department memo To: Christopher J. Yuen, Planning Director Page 2 November 28, 2001 "2. When access roadways cannot be installed due to topography, waterways, nannegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). "3. When there are not More than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. " (c) Fnlidth. 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. "~XCEP°1`5C®I~: 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 ldiodifications. 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." 420 tons) "(g) °I'u~°ning 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 November 28, 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." (15-°s) " (k) G7~structi®n. `T'he required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. TaJhen 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, i?alogenated 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 I~ssociation when Uniform Fire Code Standards do not apply. To: Christopher J. Yuen, Planning Director Page 4 November 28, 2001 " (c) E*date~' Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premixes upon which buildings or portions cf 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 capably 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) dire Iiydraa~t Nda~lcers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. " (e) `~i~i~g o~ Ixastallatioaa. 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." ~C ~ ~ , ~ EDWAR E fiAY- Fire Chief EB/mo .1 ~:'~1998 ~9~:. BENJAMIN J. CAYETANO i- . ~ ANTHONY J.H. CHIh1G x -GOVERNOR - m Y EXECUTIVE OFHCEv A ~r~k.y.~. Pi'~yy' eA, A s~~A~~ ~~•t ~Cll DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LANCE IJS~ COIIAMISSION ~ - , P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 I-- Fax: 808-587-3827 Janttary 10, 2002 Mr. Christopher J. Y"uen, Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 V~ Dear r. uen: Subject: State Land Use Boundary Amendment Application (SLU 01-010) Agricultural to Urban Change of Zone Application (R EZ 01-021) Agricultural (A-5a) and Single Family Residential (RS-10) to Single Family Residential (RS-20) David S. DeLuz, Sr. Enterprise'Profit Sharing Plan TMK No: ~-3-05: 95, por. 85, and por. 31 We have reviewed the subject applications forwarded by your memorandum dated November 20, 2001, and confirm that tl-~e project site, as represented in Exhibit "A" is located within the boundary of the State Land Use Urban and Agricultural Districts. Other substantive comments include: 1. As recounted in the Background and County Environmental Report, a portion of the subject area (TMK No: 7-3-05:85) was recently reclassified to the Urban District for residential uses under County Docket No. SLU 9h-2/Matsumoto Development Company, Inc. As a point of clarification, we note that the report incorrectly references the acreage reclassified under this docket (page 2 section B). According to County Ordinance No. 96 135, 8.943 acres and not 8.710 acres was reclassified in Docket No. SLU 9h-2. ~ NIr. C1lristopher j. ~'uen, Director January 10, 2002 Page 2 2. On Page 2 Section C of the applicant's report, the applicant refers to the parcel as "the existing 20.988 acre lot." As 8.943 and 12.278 equals 21.221 acres instead of 20.988, some clarification is required. 3. On Page 3 of the applicant's report under the State Land Use Designation section, the applicant alternatively refers to the acreage classified in the Agricultural District ~ s 12.278 and 12.087. The zpplicart should clarify v~hat the correct acreage total is. 4. Based on the application materials, it appears that the 8.943 acres portion of the subject parcel reclassified in 1996 to the Urban District is a part of a larger 21+ acres petition area. As the applicant did not undertake any development of the 8.943 portion since its reclassification to the Urban District and now seeks to urbanize the entire 21+ acre parcel, there is an appearance that the applicant sought to evade review by the State Land Use Commission as prescribed by Chapter 205 HRS for petitiob~ areas greater than 15 acres. We recommend that a comprehensive assessment be provided to the County of Hawaii Planning Commission as to the potential cumulative impacts generated by the entire 21.221 acre development upon adjacent properties, the environment and need for public services -and facilities before final action is taken. The applicant should also describe the appropriateness of any proposed actions to mitigate the above-mentioned impacts. 5. We note that the existing 8.943 acre urban portion of the parcel had already received RS-10 County zoning and would allow for the development of thirty- eig}Zt housing units. The current application indicates that 35 residential units are now planned for the 21+ acre parcel. The report also notes on page 12 that thirty-five units of water are available for the subject parcel. If lower development densities are the objective, consideration might be given to reclassifying the entire project into the State Land Use Rural District. 1~Ir. Christopher J. Yuen, Director January 10, 2002 Page 3 Thank you for the opportunity to comment on the subject applications. Please feel free to contact Bert Saruwatari of my office at (808) 587-3822 should you require clarification or further assistance. Sincerely, ANTHONY J. H. G Executive Officer c: Office of Planning SR n OQ o- ~ i o _ .~o _ D~6~A1~~lVOl~fml°1" O~ W~'TE~2 SUPPI Y COUIe1TY 1--iAoWAII ~yry, s. 345 KEKUANAOA STREET. SUITE 20 HlLO, HAWAII 96720 'f MAW 6.~ TELEPHONE (808) 961-8050 FAX 18081 961-8657 January 23, 2002 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUB.TECT: STATE LAND USF I30UNDARY AMENDMENT APPLICATION (SLU 01-010) REQUEST: AGRICULTURAL TO URBAN CII?.NGE OF BONE APPI<;iCATION (REZ 01-021) REQUEST: AGRICULTI.'RAL (A-SA) AND SINGLE FAMILY RESIIIENTAL (IZS-10) SINGLE FAMILY RESIDENTAL (125-20) APPLICANT: DAVID S. ICE LUZ, SR., ENTERPRISES PROFIT SNARING PLAN TAX MAP I~EY: 7-3-005:095, PORTION 031 AND PORTION 085 ~Ie have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of done and have the following comments. The point of adequacy for the subject parcels is the Department's 12-inch waterline along the Hawaii Belt Road approximately 800 feet from the nearest of the three subject parcels. Parce131 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 additiona130 units of water are available for the subject parcels. Each unit of water is equal a daily maximum use of 600 gallons for a total 18,000 gallons per day. `The applicant's requested zoning of RS-20, if approved, would allow the creation of up to 35 lots, while they have only 32 units available. For your information, five of these additional units are coming from Lot 1, which. we previously commented on in our November 29, 2001, memorandum to you. By a separate letter, we are writing to the County Council, with a copy to your department, to advise them of this change. In summary, we have no objection the proposed change of zone with the applicant's understanding that they can not subdivide beyond the number of water units available and/or committed for. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued, "Based on the thirty (30) additional lots that are requested in the proposed change of zone application, the required water commitment deposit is $4,500.00. Remittance of $4,500.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. i he commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. ~IIT ~J A / / , VVccter bs^is2c~~ ~~o~t^e~~... Mr. Christopher J. Yuen; Planning Director Page 2 January 23, 2002 Upon the issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. Off-site improvements of approximately 1,300 feet of 12-inch waterline to cannect the Department's existing 12-inch waterline in the Hawaii Belt Road with the Department's existing 6-inch waterline in Iliili street; b. Water mains capable of delivering water at adequate pressure and volume under both peak-flow and fire-flow conditions; minimum diameter of mains shall be 6 inches; c. Service laterals that will accommodate an appropriately sized meter to each lot; and d. Fire hydrants spaced not more than 600 feet apart. Submit installation plans prepared by ~ professional engineer, architect, or land surveyor registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge and capital assessment fee, which are subject to change, of $147,380.00, detailed below. This is due and payable upon completion of the construction of the water system improvements and prior to fin~:l subdivision approval being granted. Facilities Charge Two first services for existing parcels at $940.00 each 1 880.00 30 additional units of water at $4,350.00 each +130,500.00 Subtotal 132,380.00 Capital Assessment Fee 30 additional lots at $500.00 each + 15,000.00 Total Charge (Subject to Change) $ 147,380.00 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii. A registered land surveyor shall stamp and certify the metes and bounds description, which may be a required exhibit in the conveyance documents. Prior to water meter services being granted to the development or any of the lots within, the conveyance documents shall be accepted by the Water Board and approved by Corporation Counsel. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voidir?g this water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Mr. Christopher J. Yuen, Planning Director Page 3 January 23, 2002 Should there be any questions, the applicant may contact our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, ilton D. Pavao, P.E. Manager BCM:dms copy - (w/att.) David S. De Luz Enterprises Profit Sharing Plan (c/o Mooers Enterprises, LLC) Mooers Enterprises, LLC