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HomeMy WebLinkAboutCOM 0673.000 2000-2002 4v oc y~ Harry Kim ' Dixie Kaetsu Mayor Managing Director rp oF~waad Deputy Managing Director ~~~~t ~f I3 aii f 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 June 6, 2002 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Kilo, HI 96720 Dear Chairman Arakaki and Members: Stikk Land 1~e ~ouh€€~.i;r Arnn~~ert .'application (SLU 02-001) ~P*'y~ f r: hl~''''uc~~~ls tt~ Urc~Ji~t Cl~~n~e of ;?one <`~ppfc~tion ~~EZ 02-003) Refl~lest: ~ z~l icl,€lt~ural (A-5a) to Sin~~c Family Residential (RS-15) Ap~~l~canv: ~<>x-t T C'~har~l?. Te-~lst Tai Map ~Ly: 7~3-x:97 State Land Use Boundary Amendment Application (SLU 02-004) Request: Agricultural to Urban Change of Zone Application (REZ 02-006) Request: Agricultural (A-Sa) to Single Family Residential (RS-20) Applicant: Gomes Family Limited Partnership Tax Map Key: 7-5-10:Portion of 65 State Land Use Boundary Amendment Application (SLU 02-003) Request: Agriculture to Urban Change of Zone Application (REZ 02-005) Request: Agriculture (A-la) to Multiple-Family Residential (RM-4) Applicant: U of N Bencorp Tax Map Key: 7-5-17:portion of 7 Change of Zone Application (REZ 02-007) Applicant: Yoshiko & Sasan Bakhtiary Request: A-Sato FA-2a Tax Map Key: 7-7-7:46 f °AlY17n, Nda ~ r ~f. ~'O: Rif. Date ~ ~ Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 June 6, 2002 Change of Zone Ordinance No. 94-56 (REZ 762) Applicant: Toisan Associates, a Hawaii Limited Partnership Requests: Extension of Time to Condition "C" (Complete Construction} And Amendment to Condition "D" (Road Improvements) Tax Map Key: 6-4-24:22 Change of Zone Application (REZ 01-020) Applicant: Toisan Associates, a Hawaii Limited Partnership Request: Agricultural (A-Sa) to Neighborhood Commercial (CN-10) Tax Man Kev: 6-4-4:23 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. Sincerely, ~ ~ , ~t~%~ ~ ~--t-'Y~, / Harry Ki Mayor 1050302may Enclosures cc: Planning Department J~4Y OF h47y Harry Kim / Mayor 1 ~ 1 ~ow;.'`~ TE p~.NA.y! ~~ut~ ® ~~Ti~ PLAl®TNING CONil!'IISSIOI~ 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 (808)961-8288 Fax (808)961-8742 JuN ~ «~w..:.. 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 02-001) Request: Agricultural to Urban Change of Zone Application (REZ 02-003) Request: Agricultural (A-Sa) to Single Family Residential (RS-15) Applicant: Bart T. Cahoon Trust Tax Map Key: 7-3-5:97 The Planning Commission, after a duly held public hearing on May 3, 2002, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from an Agricultural to Urban district and a Change of Zone changing the district classification from Agricultural (A-Sa) to Single Family Residential (RS-15) for approximately 6.906 acres of land. The property is located to the west (makai) and borders Mamalahoa Highway and `Ili`ili Street, and north of Kona Palisades Subdivision, Kalaoa 4`", North Kona, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use B®undary Aanend>rnent The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 in the immediate vicinity of existing Urban-designated lands. These lands include the nearby Kona Palisades and Kona Coastview Subdivisions. The applicant's request to designate 6.904 acres into the Urban District reflects the infilling 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 may be desirable, but 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 per acre and certain neighborhood commercial uses are permitted within this designation. The applicant's request would allow for a single family residential subdivision that will maintain a density of approximately 2 units per acre. 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. The project site is in close proximity to Kona Coastview and Kona Palisades Subdivisions. 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 15-lot subdivision, with lots no smaller than 15,000 square feet. Access to the project site will be accommodated by `Ili 'Ili Street, aCounty-maintained roadway with a pavement width of 20 feet within a 50-foot wide right-of--way. `Ili `Ili Street extends to Ahikawa Street in Kona Coastview Subdivision and Kiekie Street extends to Ka`iminani Street in Kona Palisades Subdivision, both of which 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. 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. However, the Department of Water Supply Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 has noted that only 7 units of water are currently available to support the proposed project. Therefore, a condition of approval will be incorporated within the accompanying favorable recommendation for a change of zone to ensure that the proposed number of lots do not exceed the 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. 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's 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 ofthis 6.904-acre area from the Agricultural to the Urban designation will not be detrimental to the reduction ofthis 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 Kona. In doing so, it would tend to alleviate the conversion of more productive Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 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. Change of Zone The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to a Single Family Residential (RS-15) for approximately 6.904 acres of land. The applicant intends to subdivide the subject properties into a total of 15 residential lots maintaining a minimum lot size of 15,000 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 anAgricultural-5 acres (A-Sa) to a Single Family Residential-15,000 square feet (RS-15) zoned district will conform to the following goals, policies and standards of Land Use Element of the General Plan. LAND USE -GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 • 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. • Develop better places to live in Hawaii County by creating viable communities Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 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-15,000 square feet (RS-15) 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, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 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. fio 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 Apri13, 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 Kalaoa area of North Kona, within which the project site is located. The proposed plan Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 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, aCounty- maintained roadway with a pavement width of 20 feet within a 50-foot wide right-of--way. The applicant will construct an access roadway, built to standards of the Subdivision Code, to service the proposed lots. The Department of Public Works is recommending that the applicant provide improvements to `Ili `Ili Street including a drywell, pavement overlay, street lights, among other improvements and to dedicate its interest in `Ili `Ili Street to the County. The applicant does not object to the dedication of its interest in `Ili `Ili Street nor the requested improvements provided that the cost of these and past improvements to `Ili `Ili Street are credited towards its required impact fee contributions. These roadway improvements are being requested in response to anticipated impacts to be directly generated by the proposed subdivision development. Impact fees are assessed based on impacts on regional infrastructure caused by cumulative development. For this reason, the Planning Director does not agree that these improvements to `Ili `Ili Street be credited to any future impact fee assessment. 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. 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 6-inch waterline along `Ili `Ili Street. A total of 7 units of water can be made available to support a portion of the proposed 15-lot subdivision. A condition of this favorable recommendation will ensure that sufficient water commitments are secured for each of the 15 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 site is also unlikely. A letter from the Department of Land and Natural Resources (DLNR) confirms that the proposed subdivision development will not have an impact upon historic resources. Based on the above findings, this request to reclassify the subject properties from an Agricultural-5 acres (A-Sa) to a Single Family Residential-15,000 square feet (RS-15) zoned district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, amendments to the SLU Boundaries Map H-7 and Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) are transmitted. We are enclosing a copy of the staff background and Department of Water Supply comments for your information. Sincerely, „ , . . ~ , c_ ~ Geraldine M. Giffin, Chairman Planning Commission Lcahoon02pc Enclosures cc: Mr. Sidney Fuke Bart T. Cahoon Trust Department of Water Supply Department of Public Works Brian Minaai/DOT-Highways,Honolulu State Land Use Commission Planning Department -Kona Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 Police services are available from the County's Police Station at Kealakehe, approximately five miles from the project site. Fire and emergency services 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 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. Should the County Council approve the applicant's request for a State Land Use Urban District and the request for a Single Family Residential (RS-15) zoned district, the applicant would normally be allowed to apply for an Ohana Dwelling Permit, which would allow the construction of a second dwelling unit as a separate or attached unit on both lots. Due to the fact that this subject request will allow the existing parcel to be subdivided and subsequently allow the applicant to create a second lot, we would be allowing an additional dwelling to be constructed which would double the existing density of the area. Although, the Planning Director supports this rezoning request to allow fora 15-lot subdivision with one home on each lot, the potential to allow thirty (30} homes may contribute to a cumulative burden on the existing infrastructure (road, water, etc.), which cannot be supported. Therefore, the Planning Director recommends that a condition be included to prohibit a second dwelling unit on each lot. The applicant has stated their intent to incorporate deed covenants. 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 Eureau. Therefore, the requested change of zone will not have any significant adverse impact on the agricultural resources of the County. The project site was previously graded 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 BCahoonBR F.7dsa.doc-4/24/02 COLTN~'Y OF IIA~VAII PLANNING DEPARTIVIENT ~ACI~GI~OUNI~ I~POIiT DAFT T. CAHOON TRUST STATE LAND USE D~UNDARY A1dIEND16~IENT APPLICATION (SLU 02-001) CFIANGE Off' ZONE APPLICATI®N (ItEZ 02-003) DART T. CAIiOON TRUST has submitted applications for a State Land Use Boundary Amendment (SLU 01-001) from Agricultural to Urban District and a Change of Zone (REZ 02-003) by changing the district classification from Agricultural (A-Sa) to Single Family Residential (RS-15) for approximately 6.904 acres of land. The subject property is located to the west (makai) and borders Mamalahoa Highway and `Ili `Ili Street, and north of Kona Palisades Subdivision, Kalaoa 4~', North Kona, Iiawaii, TMK: 7-3-5: 97. GENERAL INFORIVIATION 1. Land Ownersliip: Bart Cahoon, on behalf of the landowner Bart T. Cahoon Trust, has authorized the filing of the subject Special Permit application. PROPOSED DEYELOPIVIENT 2. Request: The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to an Urban District and a Change of Zone from Agricultural (A-Sa) to a Single Family Residential (RS-15) zoned district for approximately 6.904 acres of land. 3. Objectives: The applicant intends to subdivide the project site into 15 lots maintaining a lot size ranging from 15,000 to 20,000 square feet. 4. Pr®posecl Improvements: The access road servicing the proposed lots will be built to Subdivision Code standards with underground utilities. This access road will be privately owned and maintained. 5. Other Project Details: The applicant states that deed covenants within each of the 15 proposed lots will prohibit the construction of Ohana dwellings. Within lots situated along the subject property's mauka boundary, a 10-foot wide landscaping easement will be established. -1- t ' 6. Project Timetable: The applicant intends to commence with the development of the proposed subdivision immediately upon securing the proper governmental land use approvals. 7. Saapportive Information: See Exhibit B -Applications for State Land Use Boundary Amendment (Agricultural to Urban) and County Rezoning (A-Sato RS-15), Bart 'J`. Cahoon Trust dated January 2002 STATE AIe1D COU1oTTY PLAIOTS 8. SLU: Agricultural. 9. GP Consistency: Housing and Land Use elements goals, policies and courses of action. 10. GP LUPAG lO~Iap: 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. 11. I~eahole to Kailua (I~toK) ])evelopment flan: 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 Zone: Residential Expansion Areas (800 acres): The expansion areas in the upland zone would accommodate an additional 3,000 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. 12. Dona Regional 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 the requested zoning designation of RS-15, which can be extrapolated to a density of roughly 2 units per acre.. 13. County Zoning: The subject property is zoned Agricultural-5 acres (A-Sa). -2- 14. S10VIA: The subject property is not situated within the Special Management Area. It is located in excess of 3 miles from the nearest coastline. 15. Coastal Zone 1Vlanagegnent, IIItS Chapter 205A: According to the applicant, "it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. " DESCItI1'TION OF SUBJECT PROPERTIES AND SURROUNDING AREA 16. Subject Property: The project site is located approximately adjacent to and makai (west) of the Mamalahoa Highway and about 750 feet north of Kaiminani Drive. The project site is situated about 230 feet north of Kona Palisades Subdivision. There is an old coffee shack situated on the subject property that will be demolished to accommodate the proposed subdivision. Other than the coffee shack, the remainder of the property is vacant and was previously utilized for pasture. The applicant has planted eucalyptus, ironwood and Mexican cypress trees along the northern and eastern boundaries of the subject property. Elevations within the property range from 1,600 feet to 1,680 feet above mean sea level. 17. Surrounding Zoning/Land Uses: The subject property is situated in an area located between Kona Coastview Subdivision to the north and Kona Palisades Subdivision to the south. 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. Between these two subdivisions and in the immediate vicinity of the subject property are lands that have recently secured or currently requesting State Land Use Boundary Amendments and Changes of Zone to accommodate single family residential and commercial developments. These applications (refer to Exhibit A for locations) include: -3- 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 County Council b. TMK: 7-3-005: Por of 32 & 33 -Applicant: David S. DeLuz, Sr. Enterprise Request: SLU: Agricultural to Urban REZ: A-Sato CN-10 Proposal: Retail and neighborhood commercial center Status: pending before County Council c. TMK:7-3-5: 95, Por of 31 & 85 -Applicant: David S. DeLuz, Sr. Enterprises Request: SLU: Agricultural to Urban REZ: A-SalRS-10 to RS-20 Proposal: 35-lot subdivision Status: pending before County Council d. TMK: 7-3-005: 098 -Applicant: Keven & Patricia Rinkenbach Request: SLU: Agricultural to Urban REZ: A-Sato RS-15 Proposal: 16-lot subdivision Status: Ordinances adopted by Council-Effective: May 17, 2000 e. TMK: 7-3-005: 089 -Applicant: Peter Dungate Request: SLU: Agricultural to Urban REZ: A-Sato RS-20 Proposal: 12-lot subdivision Status: Ordinances adopted by Council-Effective: August 12, 1999 18. U.S.D.A. Soil Type: Soils within the subject property are classified as rKED and rPYD. rKED is Kaimu extremely stony peat, 6 to 20 percent slopes. The surface layer is very dark brown extremely stony peat, about 3 inches thick. It is underlain by fragmental Aa lava. This soil is neutral in reaction. Permeability is rapid, runoff is slow and the erosion hazard is slight. rPYD is Punaluu extremely rocky peat, 6 to 20 percent slopes. In a representative profile, the surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava bedrock. This soil is medium acid. The peat is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. 19. Land Stusly bureau Soil Rating: Soils within the property are classified as "E" or "Very Poor" for agricultural productivity. -4- 20. Agricultural Lands of Importance to the State of Hawaii (ALISH) Systepn: Soils within the subject property are not classified on the ALISH map. 21. FIRM: According to FIRM, the subject site is designated Zone "X", an area determined to be outside of the 500-year flood plain. 22. F'lora/Fauna Resources: As the subject property has been graded, improved with a coffee shack 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 patches of Lantana and Christmas berry with various trees such as eucalyptus, ironwood and Mexican cypress. 23. Archaeological Resources: The applicant has provided the Commission with a letter dated November 30, 2001 from the Department of Land and Natural Resources - Historic Preservation Division stating that due to past grading/grubbing activities, no historic properties will be affected by the proposed subdivision project. 24. Cultural or Native Gathering Rights: According to the applicant, the proposed project is not anticipated to have any potential adverse impact upon cultural and historical resources of the area. The applicant is unaware that the property was used in the past for gathering of plants by native Hawaiians. The applicant f nds it unlikely that the property serves such gathering practices today since it has been in pasture for over 50 years. 25. Public Access: According to the applicant, the project site does not provide public access to coastal areas. PUBLIC U3'ILITIES AND SERVICES 26. Access: Access to the subject property will be provided by `Ili `Ili Street, aCounty- maintained roadway with a pavement width of 20 feet within a 50-foot wide right-of- way. Access from `Ili `Ili Street to the proposed lots will be accomplished by the construction of a 50-foot wide, privately-maintained roadway that will be built to Subdivision Code standards. Utilities will be placed underground. 27. V6~ater: According to the applicant, water to support the proposed subdivision can be made available from a 6-inch waterline along "Ili `Ili Street. This water line will be -5- extended into the proposed subdivision to accommodate the new lots. The applicant notes that in its discussion with the Department of Water Supply, only 7 units of water can be made available to support the proposed 15-lot subdivision, making for a deficit of 8 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. The applicant has stated that it will develop the subdivision in phases to accommodate the availability of water units. 28. V6'astevvater: There is no municipal sewer system in the area. The applicant proposes to dispose of sewage via individual wastewater treatment (septic) systems approved by the State Department of Health. The applicant will provide provisions within the deed of the proposed lots informing the owners that there are special requirements of the Department of Health regarding the installation of wastewater disposal systems within 1,000 feet of a drinking water well located mauka of the Mamalahoa Highway. 29. Other Essential Utilities and Services: Electrical and telephone services are or will be made available to the site. The nearest police station is located at Kealakehe, approximately five miles from the project site. There is a fire station at the intersection of Pa1ani Road and the Queen Kaahumanu Highway, approximately four miles south of the project site. AGENCIES' CO1VIlVIENTS 30. Kona Soil and dVater Conservation District: (March 26, 2002 memorandum) "This parcel is outside of the area detailed in the North Kona Flood Plain Management Study. However, care should be exercised to protect the site as there maybe localized runoff generated during land clearing activities. There may also be small, unmapped, localized channels in the area that only carry water during heavy rainfall events. Erosion and sediment control measures should be reviewed before land clearing activities are undertaken." 31. Department of 'I'ranspoi°tation: (February 22, 2002 Memorandum) "1. The cumulative effect of the proposed project and other planned developments in the area may adversely impact our facilities, particularly at the intersections of Kaiminani Drive/Mamalahoa Highway and Kaiminani Drive/Queen Kaahumanu Highway. -6- 2. The developer should be required to pay their pro-rata share to provide required mitigative roadway improvements. These improvements should be at no cost to the State. 3. Any plans for work within State highway Right-of--Way must be submitted to our Hawaii District Office for review and approval." 32. Department of Health: (February 21, 2002 Memorandum) "The Department of Health have concerns due to the location of a drinking water well within a 1000 feet of the proposed subdivision and that there are no sewers in the area. No cesspool or septic tank system is allowed to be built within the subdivision that falls within the 1000 feet radius." 33. Department of Land anti Natural Resources: (March 13, 2002 Memorandum) "We confirm that the project site, according to FEMA Flood Insurance Rate Map 155166 0703 C dated June 1, 1995 (Not Printed), is located in Zone X. This is an area determined to be outside of the 500-year flood plain." 34. Real Property Tax Division: (February 20, 2002 memorandum) "There are no comments at this time. Real Property taxes are paid through December 31, 2001)." 35. Department of Publie Works: (See Exhibit C -March 15, 2002 memorandum) 36. Police Department: (February 19, 2002) "A review of the zoning application submitted by the Bart T. Cahoon Trust reveals no immediate serious concerns that would affect police or traffic services. This request fora 15-lot subdivision will have a normal impact on police and traffic infrastructure." 37. Fire Department: (See Exhibit D -February 19, 2002 memorandum) APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 38. Applicant's Response to Department of Public Works comments: (See Exhibit E -Letter from S. Fuke dated April 18, 2002) -7- _ 39. Applicant's Response to Fire, State Ilealth and State Transportation comments: (See Exhibit F -Letter from S. Fuke dated March 14, 2002) AGENCIES NO RESPONSE or COMMENTS 40. Department of Water Supply, State Land Use Commission, Department of Agriculture, Department of Environmental Management PUBLIC COMMEN'T'S 41. No public comments regarding the subject applications were received by the Planning Department. -8- W W ~ ~ ( ~ i - ~ ~i ~ ~ti~ ~ ~ t ~ I :t ~ • tir I ,f ~ ~ `E ¢ ~ y i • ~ [ • i--I •Yf qk • • s ~ ~ ~ _ ~ ~ . ~ ~ C~ ~ t %.m r' i~ `i ~t~"` d., ¢ r • ~ ~'k' ( _~v..,.er ~ 1r t t S ti ~i~''tt i ~ r~t it ~t? ~t t { ~-y t t t t ~ti ~ t t5 ~t tt ~ t'~-~` i ~ - ~ ~ t ~PPLICATIOI®TS F°OI~ ST~.TL LAl®TT~ USIE ~OUl~TDAIIY AMLl®TD1VIEl~PI° (A~ricultural to Urban) and COUNTY I~~Ol®TIl®tG (A-~a to R~-1~) ~~T . C~I3OOl~ TIaUST I~L~O~ 4th 1®TO1~T~I I~OI®TA, I~W~II T` 11~IAP ICY: (3) 7-3-0~: 097 Prepared For: Bart T. Cahoon Trust Prepared By: . Sidney M. Fuke, Planning Consultant January 2002 I STATE LAND USE POUNDARY A,IVIENDMENpi' APPLICATION (15 ACRES OR LESS) COUNTY OF I~AWAII ~ ~ PLANNING DEPARTMENT - , _ (Type or legibly print the requested information) PETITIONER: Bart T. Cahoon Trust PETITIONER'S SIGNATURE: DATE: ADDRESS: 3655 Tantalus Drive Honolulu, HI 96822 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Eus.) (Res.) (808) 545-5077 (Fax) None LANDOWNER(S): Bart T. Cahoon LANDOWNER SIGNATURE(S): DATE: Same as above (May be by letter) ADDRESS: TAX MAP KEY: (3) 7-3-005: 097 STREET ADDRESS OF PROPERTY: 'Ili' Ili Street ZONING: A-5a SIZE OF PROPERTY: 6.904 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Sidney M. F~lce ADDRESS: 100 Pauahi Stree ~ Suite 212 Hilo HI 96720 TELEPI~ONE:(13us.) 969-1522 (Res. g61-6909 ~ (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney M• Fuke COPIES: Bart T. Cahoon (See Instructions on Reverse Side) C~IANGE OF ZONE APPLIC~,~IOl\T COUNTY OF' I-IAWAII ~ - , _ PLANNING DEPARTMENT - (Type or legibly print the requested information) APPLICANT: Bar'tr T. Cahoon T^irust ' APPLICANT'S SIGNATURE: -DATE: ADDRESS: 3655 Tantalus Drive Honolulu, HI 96822 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.)(808) 545-5077 (Fax) None LANDOWNER(S): Bart T. Cahoon LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: Same as above REQUEST: A-5a TO RS-15 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-005: 097 STREET ADDRESS OF PROPERTY: 'Ili' Ili Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 6.904 acres AGENT: Sidney M. eke ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (gteS.) 961-6909 (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney M. Fulce COPIES: Bart T. Cahoon (See Instructions on Reverse Side) ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is.approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intena to subdivide? All b. Into what lot sizes? 15,000+ square fe c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of suadivioing the suuject area, ao you intend to: a. Se 11 or lease the land to someone ,vho nos Firm plans? b. Sell or lease the land to someone wno nos tentative plans? c. Sell or lease the '.3nd to someone who nos no plans? d. Keep it? e. Otner (please state) f. If you intend to do either a, b, or c, please elaoorate on the kind of plans the other party has. Please, also, include in your answer approximately haw soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes how? By providing additional homes on the market, thereby increasing the supply, that should tend to arrest or reduce the cost of housing. 4. Are tnere any buildings on the subject area? Y If so, what kind? There is an old coffee shack which will be destroyed in conjunction with the development of the subdivision. bdhat do you intend to do with those buildings if your request is approved? -2- 5. Is the subject land currently being used for any agricultural activitity? Yes If so, please list the kinds of products grown ana on how many square feet or acres of land per product. The site is used intermittently for cattle grazing. 6. T^ your knowledge, has there been any flooding and/or c_.;inage problem on the subject area? No If so, please describe ~he problem. 7. Do you think that the roads leading to the subject area needs improvement? No If so, what kind': Is the road adequate for the proposed traffic volume Yes or load? 8. Y~hat sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage ~ X e. Police Protection X -3- Yep No f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked ~~yes,~~ please elaborate what type or kinds of irrarovements and/or assistance are needed. Signature: Address: ~ ~ Telephone• ® ~ ~ Date : ~T'~"~ PLAl®TNIl~G Al®TD EI®TTVIROI®Tl~IEl®TT"AL DEPORT FOR ~ STATE LA1~TI~ USE ~OUI®TDAI~Y ~1VIL1®TI)IVILl®TT (A~ricultural to Ulriban) And COUNTY I~E~Ol®TIl®TG APPI.IICATIOP+T (~-~a to RS-1~) I~ALAOA PTO' 1®TORT~I I~Ol®1A, ~IAWAII T l~AP I~EY: (3) 7T360~: 097 Prepared For: Bart T. Cahoon Trust Prepared By: Sidney M. Fuke, Planning Consultant January 2002 COUNTY ENVIRONIVIENTAL REPORT STATE LAND USE aced COUNTY REZONING REQUEST BART T. CAIIOON TRUST TAX 19~IIAP ICEY: (3) 7-3-05: 97 I~ALAOA 4t9a, NORTII ICONA, IIAVVAII I. INTRODUCTION The applicant, Bart T. Cahoon Trust, is requesting a 6.904 acre parcel to be reclassified into the Urban District and subsequently rezoned from Agriculture (A-Sa) to Single-Family Residential (RS-1 in Kalaoa 4th, North Kona, Hawaii. (See Figure 1) The property is located on the maulca side of'lli'ili Street, north of its intersection with Ka'iminani Drive. If approved, the applicant intends to subdivide the 6.904 acre area into fifteen (15) single-family residential lots ranging in size from 15,000 to 20,000 square feet. II. PROJECT LOCATION The project area is located at the mauka or eastern end of 'Ili'ili Street, adjacent to the Kona Palisades Subdivision. It extends from 'lli'ili Street to the Hawaii Belt Road, Kona, Hawaii. It is adjacent to a recently approved subdivision (Peter Dungate) (See Figure 2). The site begins approximately 500 feet north of the intersection of Ka'iminani Drive. The Ka'iminani Drive/'Ili'ili Street intersection is located approximately 1,200 feet from the Hawaii Belt Road. It is also the first cross-street intersection from the Road. III. PROJECT DESCRIPTION A. Proiect Concelat and Coeeepoeaents The applicant explored different land use schemes of this site. These included a twenty-two (22) lot 10,000 square foot lot subdivision that would be consistent with some of the recent rezoning in this area, as well as lots within the adjoining Kona Palisades Subdivision. I-Iowever, after taking into consideration market, infrastructural, and community factors, the applicant elected to proceed with fifteen (15) lot subdivision, with lots no smaller than 15,000 square feet. (See Figecre 3) The gross average density of this project would thus be over 20,000 square feet. This project would thus be considerably less dense than the prevailing RS-10 density in this area. 1 J' 1:~ I.I 1 I ~ _ _ A PAGE 43 B KALA A C - S~~c Pagc 7- D E ~ j \ l 31 mm • 1 iVIILL ~ I aslluko/ei Hmvuii Cuun[n• Cluh Gs n o`~ ' o~ hukala _ ~'ukala ~ ' Xaulana ~ H/rtsM i:i I ~~-IC»v ,i i 3?mm ~ I i ~ ~ t"" w ~inf°'~e.~ G N W R' ~i °il f•d er ~ Urtiv. Hts ~ t"' w C C ®W W~~ I ~ q Wesr w c°o w y „ I KALAOA C ~ K+ ~ '7 ~ ! fn, paved wa~ek j °•Hoopaa u~ ^ c Ic a w a~M ula Rd 3 Xeahulr p~ x ~ Kaale ro _ _ Hamanamana _ o '4 ~ Oluolu ~ r" St ~ 4 M ~/a ~ a. w punahaole Rd _ _ ~ is _ ° R .c n, a alCahi Dr :>r- - - - - - - - - _ . ~ Mahilan• O ~ o ~ ~ ~ ~ Dona_bue_Rd - - - - - - - "r ~ boo w Al • LI. Pl El Aya HiRhlc ds o. i z c y v ° Loloa ~ Dr ~ P 5'°' y rp Ahlllal3i •Z3's+ $t Xona •p TOUgh 4 y oast 4 tI] V_J 15ew A111kaWa ~ St 33r- y¦ g~;y ~~+y @~~q P~¦y N ~ y ~ Xr~sole Q er G S~~@P ,S.:d~~ ~Oi 1 u ~ O. ~ j.Iawahie ~ _ Xadaoa l3. Palisades Ce11 ~ ~ ' ' W m 11n ~ M!a Farn+ ~ r ox A G ~ A ~ ~ ~ C C : ~ - G Ten. m ~ ~ r .C _ ~ ? i 1 V N ,C Q 0. ~~r- ~ IS. •aG Y rn R R ~ • C~ Old Kalaoa Scl c Awakes t a" ° ~ a Q' .a g y ~ r ° Hi'olani ~~Oe St ~mininani ~ Kamaka Ln S[ G DT x ~ 5 ~ ~ :O s llav x ~ • t ,ws f 3 R 7C o ~ w i Xona ~ ~ .gl v ACPes N 7 ~ r/1 g' Xona Hi/!s ~ fl' K1noUIU ! !n. sued Esr •C c ~ Q' ap~ Kona o Narno -Ooma oan,¢ ~ Kugjyua I u C1 Pl Hrs ° l ln. sued - Xohawaiki I ~ ^ Hmsrd~ ~A ~Id Hmstd Rd Kona 1` " + ' - i 41e'd ~~df Ct~ ~ Lihau Ponoi Old Mauka ~A~/ ~ I ~ Gov't Rd dA ~ " ~ Xafoko ~ Kuloku ° Hali'a Orclmrds ~ ,O ~~/O~ Q Ba 'cr ~ O Xaloka H ° c Copyright 1999, Odyssey Publishing, LLC ~ S;lRan~u~ ln.P°~d i l A -See Page_46 B I C -See Page 47 D I E ~1~U>r~ ~ _ _ ' A-2 a n"~~ TRUE NORTH n so. n-I• n-s . ~ I • ~ Sc®0~ 1' _ 600' BELT I ~-Z ~ n-I, p'~ to oiua to Ka~ue4o A 5 n-s n y• n-I• RS-2o n-3. n-y n-s. o N -y• RS-10 O n y SU~C°I" ~®~~~T~ G n-~. -I • G I. ~s ~ A-y ~ ~G n y n-y• A-I. ~ ~ y n-5. A 4• ~ A-I® ? O +A A-1 s A-D• n y A, • A-I• ~A~UI'~ ~ . ~ ~ ~a r ~ t ~ ; • ~ 1y ~ ~ A - ~ ~a ~z ~as~~ T ~ffi~ ~ ~ d ' ~ o~ w ,rg ~ ~ ~ e ~ 4 I ~ ~ ~ t~ ; > ~ ~ ~ ~ ~ ~ d ~ * ~ --____J ~ ~ I ~ ~ _ ~ ~ g ~ ~ < ~e 'a a 4 ,ds~oa ___h~_.__.___. e~ ~ da saw r~er?+ ~ . ~ ~r [ ~ Y r * _ r~ . j ~-d et .ag Fi~ur~ 3 The road would be built to standards called for in the Subdivision Code with underground utilities. It would be kept private and maintained by the respective lot owners. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of approval, and marketing demands. It should also be noted that the applicant intends to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" dwelling. There will also be a 10-foot wide landscaped buffer extending the entire length of the mauka property line B. Project Ti~aaetable sand Cost The applicant hopes to secure the necessary State Land Use and County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for having the lots on the market by the end of 2002 or early 2003. The estimated cost of the improvements is estimated at $500,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. To e~BFectuate this project, the entire site is being requested to be reclassified into the Urban district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process both the boundary reclassificationaad zoning requests. B. C®aanty General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Extensive Agriculture with the Urban Expansion overlay. The Extensive Agriculture designation refers to pasturage and range lands. This site also has the Urban Expansion overlay. This overlay allows for a mix of high density, medium, and low density uses. It should also be noted that the Planning Director's proposed revision to the General Plan LUPAG map suggests that this area be designated Low Density Urban. . 2 Based on the requested Single Family Residential (RS-15) zoning, the project would be consistent with the current and proposed General Plan and no amendments would be required. C. Deft bona Regional Plan This plan attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 194. It has not, however, been adopted by the County Council. The Land Use Concept map of this plan identifies ages-4 designation for this area. This designation suggests residential uses, up to four (4) units per acre. The requested RS-15 zoning would be consistent with this designation. D. Keahole to Kailua „~1~ to K) Deve9oprnent Plan The K to K Plan was adopted by the County council by resolution on Apri13, 1991. This Plan is intended to serve as a guide to help with the planning and implementation of infrastructural and land use activities. The designation of this area is Residential Expansion. Accordingly, the requested RS-15 zoning would be consistent with this Plan. E. Coining The County zoning of the subject area was Unplanned, which allowed for a minimum of 5-acre lots. With the adoption of the new Zoning Code and the subsequent elimination of the Unplanned category, the site de facto, became zoned Agriculture (A-Sa). If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested RS- l 5 zone would be adhered to. F. Council l 12esolution No. ZO 97 The County Council, on January 22, 1997, adopted the subject resolution. This resolution called for the County Administration to "initiate a comprehensive plan to interlink and enhance the community of Kalaoa through publicly and privately funded improvements, and establish an advisory committee of representatives from the various neighbors to guide and assist in planning..." matters such as park/cornmunity center, roadway, and water infrastructural improvements. 3 The subject property is part of this planning area. G. Special 1Vlaa~a~erneset ,area The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than five (5) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protectioa~. The likelihood of this improvement having any impacts to the area's historic resources is remote. As the site was previously cleared, it would not appear that there are any archaeological features within the area of the proposed improvements. Should there be any inadvertent finds during construction of the project, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a non- urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the eventual construction of asingle-family dwelling on each of the respective lots. Given the slope of this site, the views of the coastline from the Mamalahoa Highway should not be impeded. Relative to the Coastal ecosystems, impacts should be negligible, if at all, as the site is located well over five (5) miles from the ocean. Notwithstanding the distance, the nature of the project -residential -and the construction of only fifteen (15) private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating more residential lots in this area. This should thus provide short-term construction jobs. In the long run, by aiding the housing situation, the project could help provide the needed support for the expansion of the area's economy. In so doing, the project could aid the area and island's economy and the overall econoanic use of this-site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. 4 Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoniaxg Code. The subject site would be zoned RS-15, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public partieipation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS -and Planning Commission Rule No. 9 relating to Special Management Area. II. Other Permitting Considerations Should these applications be approved, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Underground Injection Control (UIC) permit, and the like. V. ENVIRONMENTAL C®NSIDERATIONS A. GeneralI)eserilrtion The elevation of the site ranges approximately between one thousand six hundred (1,600) to one thousand six hundred eighty (1,680) feet above mean sea level. The mean annual rainfall in this area ranges between 50 and 75 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. 5 The parcel is somewhat odd shaped. It has about a 290-foot wide frontage along 'Ili'Ili Street, which then tapers off to about 200 feet mid-way of the site up to the Mamalahoa Highway. With the exception of a sgnall coffee shack, the site is vacant of any structures. The shack will be demolished during the construction of this project, The site essentially has been used in the past periodically for cattle grazing. The applicant has also planted a variety of introduced trees such as eucalyptus, ironwood, and Mexican cypress on the northern and eastern boundaries. 13. Soils and 'I'o~og~~hy The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope from the 1l~lamalahoa or Belt Highway to the 'Ili'ili Street end of the project area. The US Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil to be of the Kaimu (rKED) and Punalu'u Series. The Kaimu series is characterized by well-drained, think organic soils over Aa lava. Permeability is rapid, runoff is slow, and the erosion hazard slight. Generally, this type of soil is not suitable for cultivation. The Punalu'u Series consists ofwell-drained thin organic soils over pahoehoe lava bedrock. Permeability is rapid, runoff is slow, and the erosion hazard slight. This type of soil was typically used for cattle grazing. The Land Study Bureau Overall IVlaster Productivity Rating for the subject area is Class "E" (E301) or poor. This designation suggests that the site does not have a very high potential for agricultural productivity. The Bureau notes that this soil series (Pahoehoe with Moaula) has frequent outcrops of pahoehoe and is poorly suited for machine tillability. The soil texture is moderately fine, the color is dark brown; and the parent material is volcanic ash and pahoehoe. It is moderately 'drained, and because it is rocky with frequent outcrops of pahoehoe, it is not suited for machine tillability. The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISH) maps does not classify this site as being either "prime, unique, or other" agricultural land. 6 C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Mats (FIRM) designates the project site to be located in Zone X, areas outside the 500-year flood plain. 2. Tsunaani Hazard As the site is located over 5 miles from the ocean and near the 2,000 foot elevation, it is located outside of the Civil Defense's Tsunaarri Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also fall in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared by bulldozers in the past. Further, the site has been and intermittently continues to be used for cattle grazing. A visual inspection of the site, however, notes that the presence of patches of Lantana (Lantana carnara) and Christmas Berry (Schinus terebinthifolius. The applicant has also planted eucalyptus, ironwood and Mexican cypress trees throughout the property. Thus, floral impacts should be minimal. 7 . The site is not known or registered as a habitat for rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk or Hawaiian Owl flying in the general area. E. Historic/Archae~ ®lo~ical Resources As the site was formerly cleared and utilized for cattle grazing, no commissioned archaeological survey of the site was made. The clearing would make it less likely to find any archaeological features on the site. A November 30, 2001 letter from the State Department of Land and Natural Resources -Historic Preservation Division noting archaeological clearance is found in Exhibit A. Nonetheless, during the course of developing the subdivision, should any unanticipated archaeological features or sites be discovered, work will immediately cease and the applicant will notify the Planning Department. Upon receipt of clearances, work will resume. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina decisions, the issue relative to native Hawauan gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been used for cattle grazing for over 50 years, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicants intend to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. 8 G. Water and Coastal Resources The subject site is located well over 5 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, septic tank or related system meeting with the approval of said agency would be done by the respective property owners at the time of issuance of a building permit for the proposed lots. H. Noise, Air (duality, and Dust 'Ili'ili Street will serve as the County access to the proposed lots. This street intersects with Ka'irrtinani Drive, which in turn connects to the Belt -Road, less than 1,000 feet to the east. As the site and the surrounding lots are proximate to Ka'iminani Drive and the Belt Road, the ambient noise level relative to traffic is a little higher. Nonetheless, the area is still residential in character. The addition of vehicular movements generated by fifteen (15) more lots should not generate an appreciably higher level of noise. There will, however, be short-term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quaff impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. ,Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. 9 I. Scenic and Visaaal Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the area. The site is located more on the lower slope of Hualalai Mountain, and the normal residential height should not detract from the mountain. VI. SOCIAL A1m1D RELATED CONSIDERATIOIeIS A. SurroundinLand Uses The predominant land use in this area is single-family residential. The Kona Palisades Subdivision, consisting of 10,000 square foot lots, is located immediately to the site's south. There is an RS-10 subdivision/zoning located across of the site on the makai side of Ili'ili Street. The Kona Coastview Subdivision is located generally to its north, and there is a band of RS-10 zoned property one lot north of the subject site. The site immediately to the south was rezoned to RS-20 and is now being subdivided. There were also at least three properties that were rezoned into the RS-10 district in this area over the past five (5) years. The site is thus bounded by residential uses andlor zoning. 13. Econoanic Ignpacts The requested zoning would have some measure of economic impact, as it would make fee simple lots available to individuals wishing to live in this part of Kona. In turn, it would minimise the pressure to utilize more important agricultural properties along the Coffee Belt, and thereby impacting an important industry. Further, there will be some short-term construction activity. And this, could help with the area's economy. C. A~ricultaeralIanpacts The site has not been used for intensive agricultural activity. It has been used essentially and intermittently for cattle grazing. ~1Vhile this use could continue, 10 it may not be a productive use of the land, given the emerging residential pattern in the area, More importantly, the land has not been classified as being important from an agricultural res®urce perspective under the various soil classification systems. It is classified as °'E" or very poor by the Land Study Bureau and not even classified under the ALISH system. because of the site's location (North Kona) and elevation (1,800 feet), it represents a fairly attractive area for residential projects. As such, it could reduce pressures for the development or non-agricultural use of the better agricultural lands in and around Holualoa and the rest of the Coffee Belt. In so doing, it would indirectly be helping or furthering the agricultural objectives of the County. VII. IleTFI~STI2UC'TUII~:[~ C®1mISIDEIaATI®1015 A. Road Access to the project would be via 'Ili'ili Street. This County road has a right-of--way of fifty (50) feet with a pavement width of twenty (20) feet. There is a 50-foot wide road lot (TMK: 7-3-05: 102) fronting the subject site. This road is fully improved. The applicant has rights to use this section of the road and is prepared to dedicate its interest to the County. (See Eibit B). Ka'irrrinani Drive, which serves as one of several rreauka-rnakcri connector roads between the C~ueen Kaahumanu Highway and the Hawaii Belt Road, has a 60-foot wide right-of--way with a pavement width of twenty four (24) feet. The applicant intends to construct a private road within the project site. Hopefully, a private road without paving the entire right-of--way could be achieved to help address quality and drainage issues. B. Water There is a 6-inch County water line fronting 'Ili'ili Street. This line will be extended to service the proposed lots. According to discussions with the Department of Water Supply, water can be made available for up to seven (7) of the proposed filleen (15) lot subdivision. This would be subject to the appficant's payment of the water commitment fee. Accordingly, the. applicant intends to develop the project in phases -six lots immediately, and the balance upon receipt of additional water commitments. 11 C. Wastewater There is no County wastewater system in this area. As such, a septic tank system meeting with the approval of the Department of Health will be allowed. The respective lot owners will do this at the time of actual construction of the residences. The applicant is aware that there is a potable well mauka of the Mamalahoa Highway, proximate to the subject site. As such, the applicant will take measure -such as a provision in the deed - to inform the affected property owners within 1,000 feet of this well that there are special wastewater restriction and that consultation with the State Department of Health would be advisable. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RS-15 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Gover-nrrrent Services As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The Fire Station is located in Kailua, approximately five (5) miles away. The Police Station is located at Kealakehe, approximately four (4) miles from the subject site. It should also be noted that there are plans for a new fire station north of the subject site. Elementary schools are available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately three (3) miles away. County parks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 12 F. Other Utilities All other utilities such as telephone, cable, and electrical services, are available to the site. The applicant intends to bring the electricity directly from the Belt Road and not through Ili'ili Street. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Pet®veen Local Short-Terraa Uses of Environanent and 1blaintenance and Enhaneernent of Long-Terra Productivity If the requests were denied, the short-term use of the site would probably be an undeveloped tract of land and used intermittently for cattle grazing. There could also be the possibility of using the land as a large single-family lot. Given the residential nature of this, the retention of the Agriculture (A-Sa) zoning may not result in the best development of the site. There would be a large residential lot, which -because of its resource characteristics -may not be capable of supporting intensive agricultural activities. At the same time, pressures could occur on the conversion of lands currently being used for more intensive agricultural activities in the mauka Holualoa area. Given those conditions, it may be more prudent from a land use perspective to more effectively utilize the project site to satisfy a residential lot demand than to subdivide them into large lots. The projected use could indirectly help retard the pressures for the unnecessary conversion of the better agricultural lands for residential activities. Irreversible and Irretrievable Coanraeitgnent of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. C. 1l~itig-ative 11~Ieasures The applicant intends to provide the required on-site infrastructure in conjunction with the subdivision process. At the same time, any drainage issue will be mitigated, as plans meeting with the requirements of the County would have to be implemented in conjunction with the subdivision approval process. 13 Should unanticipated archaeological finds be discovered during the construction of the project, work will stop (as is required by the State and County) and clearance secured before work will resume. To minimise impacts to the existing residential homes, the private road is planned through the spine of the property. Further, a 10-foot wide landscaped buffer would also be required along the site's mauka boundary to mitigate traffic noise, and landscaping along the properties north and south boundaries are being contemplated. As the site is presently vacant, no person or businesses would be dislocated. D. Alternatives to the Proposed Project 1. No Project Under this status quo alternative, the site will either remain in its present condition or be developed into a 6-acre lot project. This alternative would result in short-term construction impacts (noise, dust, traffic) resulting from the construction of a dwelling. Additional vehicular traffic, although not significant, resulting from the ultimate uses within the site would also be present. The site, however, would not be utilized to its fullest potential, given the predominant residential land uses in this area. 2. Aflternative >E~esideaatial I)ensit_y Under this alternative, the applicant could seek an RS-10 zoning. This would be consistent with the land use goals of the Draft Kona Regional Plan and the K-K Plan, as well as the surrounding zonings and uses in the area. It would also not require a General Plan amendment. However, such an approach would not create a mixture of density and lot sizes that could make a community more attractive. Further, it could add a little more traffic to Ili'ili Street and Ka'irrrinani Drive than what some residents may perceive as being acceptable until other improvements are made. A larger lot subdivision (such as one to three acres) may not make the development financially feasible. Further, the price of the lot would 14 also be influenced by the lot size, making the area less available for a broader segment of the community. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUFAG map and all other related planning documents affecting the subject site. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS-15 alternative. IX. IiEGULATOI~Y A1oTALYSIS A. General Plan LUFAG lO~Iap The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUFAG map designates the site Extensive Agriculture, with an Urban Expansion overlay. These designations allow the requested RS-15 zoning. It should be noted that a density of 4 units per acre (or RS-10) could have been considered. As such, the project would be significantly less than what could be allowed and is thus consistent or supportive of the LUFAG map. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General flan document. For one, it would provide short-term economic opportunities largely through the construction of the subdivision. Some limited longer-term opportunities could be created, largely in the area of maintenance of the private roads and landscaping. The project should also add revenues to the County and State coffers. 15 The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environgnent is important to the success of this project. The General PIan identifies five (5) areas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. Cesspools would not be used, and instead a septic system or other alternative individual wastewater system meeting with the State Department of Health will be used to address potential groundwater and coastal water concerns. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, as residents would come to this area to enjoy its tranquillity. Any noise- generating facility -such as air conditioners -would be carefully placed to minimize their noise impacts. The site is designated Zone X, areas of minunal hazard. Nonetheless, in in conjunction with the subdivision review process, a drainage system will be developed and implemented to address these concerns. This system will be designed in a manner to protect the property as well as to minimize the volume of surface runoffgenerated by this development. The site does not appear to have historic sites, as it has been cleared in the past and intermittently being used for cattle grazing. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the construction of the project; and work will resume only after proper clearances from the State and/or County has been received. Being previously intensively used, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. The project will create additional houselots. It should help to diversity the type of houselots in the region, while reducing pressures for the premature conversion of the area's better agricultural lands. In so doing, it would implement the housing e9egnent of the General Plan. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. 16 As the project site is more than five (5) miles from the ocean, the usual coastal res®urces concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic system, impacts to the coastal water will be vrainimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being four (4) to five (5) miles away. Finally, in terms of Land Use, the project would be consistent with the LUPAG map. It would also be generally compatible with the surrounding area. RS-10 zoning and/or lots essentially bound the site. This lot represents an "in-filling" of the RS-10 pattern between the Kona Coastview and Kona Palisades Subdivisions. C. Kona Plans The draft Kona Regional Plan and the K to K Plan both suggest a Res 4 (4 units/acre) density. The requested RS-15 zoning, although less than the maximum desired, still would be consistent with those designations. The request would be fulfilling the land use concept and objectives of those documents. D. Toning and Subdivision The designated zoning of the site is °°Unplanned." However, as the recently adopted Zoning Cods eliminated that designation, the de facto zoning of the site has been determined to be Agriculture (A-Sa). This would suggest one unit for every five acres of land. The requirements of the zoning and subdivision codes would be complied, uncluding use and related development standards. D. State Land Use Urban Standards As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow: 17 1. Conforanity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and ~ above. Z. I2elationshils to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15-15-18). Their relationship to this request are noted as follows: a. "City-Like" Characteristics A concentration of people, structures, streets, and urban level of services characterize this area. There are many residential homes in this area; a neighborhood commercial center is located less than a mile from the site. Although the adjoining Kona Palisades and Kona Coastview Subdivisions are zoned A-Sa by the County, the lots are residential in size (10,000 square feet). b. Factors of Urban Characteristics The site is prozianate to centers of trading and egnployinent. It is less than four miles from major sources of employment - these being the Kaloko Industrial Park, Airport, and Kailua Village. All of the related urban amenities and services such as school, parks, and protective services are also located less than five (5) miles from the site. As such, basic governmental and utility services are readily available to this area. This reclassification will not necessarily result in providing a sufficient urban reserve area for growth, as the applicant intends to develop the property immediately. Further, the site represents more of an "in-filling" and as such, would not really be suitable for a growth reserve area. Nonetheless, its approval and development could make fringe properties more suitable for reserves. 18 . _ c. Nata~ral ]Elazards Topographically, the site is suitable for development. It does not have slopes in excess of 30 degree. The site has no known unstable soil condition or floodways that traverse it. It is outside of the tsunami zone and is not located within the high volcanic hazard area. Although within Zone ~ of the earthquake hazards, this is a category that applies islandwide. d. Conte~uoaas to Urbaea Areas As noted earlier, the site is contiguous to urban areas. Although the Kona Palisades and Kona Coastview Subdivisions are zoned A-Sa, their lot sizes (10,000 square feet) and uses are urban in nature. There are further other properties that are zoned RS-10 and RS-20 in the area, one of which is located immediately makai of the subject site. e. 12elataonshi~ to Coaanty Growth Plans This site does not represent the creation of a new urban concentration, as the surrounding area is already an urban like environment. As such, this standard is not really applicable. I-Iowever, it is noted that the site and surrounding areas are designated for expansion and growth on the appropriate county plans and documents. f. "Scatterization" I t As the site does conform to the standards described earlier, standard 6 does not apply. Standard 7 relates to the potential creation of a "spot" zoning and thereby increasing the need to extend public services at considerable taxpayers' expense. In this situation, the area is already developed and the subject site represents an "in-filling." Its development should thus not result in the expansion or extension of government services 19 g. Slof Property The slope of the site is less than twenty (20) percent. As such, development of this site would not be violative of this principle. 20 • `a".o a-'y ,•i . » • E6EJ4JAaMads J. f CTAA9O 3 :5 Gil.B~tY t CO10~411.dR~AAIJI. CbOb~iPPi,30N WVE~OA Of ii ~.W Ad J' (f 1, ~ dil AA00~ EAOeU OMn MAl1JRwL NF aJV/i::iS f C'.1M%MR:~A~ CM W ATEI1 Rf90 LRC E MAI,IU':I M T j{~ a!) November ZOO] JANE'T f. KAWElO <.IkNfL NISHIOKA STATE OE hinWAii DEPARTMENT OF LANO ANt? ~?nTURAL RESOURCES AcuATlc AESGUACf.S BCAi1hG .ANO OCE~+N AcCFFAfIpr. NtSTORIC F'fiFSERVAT GN DIVISION coiuM~SSwN GN WATEA FE S~; G~~ E Kakuhihewa Building. Room 556 MAN AGEMEhT 601 Kamokila P:~devard CONSERVATION AKO q%'iJ UfiCES Kapolei, Hswaii 56707 ENFOACEMENf CONVEYAFICES -T `I l-OAESTAY ANU WIIOSIFE IIf1~VAI'I I-ll5"I'nRIC PIZ]:SF:RVAL_I~'' V HI,riTOAICrRESEi~VAT~GM lANO ~1I~/TC~III\ T)1•(JtC~2, STATE PARKS ~alyp,ticant/Agency: Bait Cahoon `>,ddregs: P.O. l30~ 2~5~~'7 iiono(ulu. Efawaii 9(~5~ t'roject: Change of Zone ~.ocati;ota: Kalaoa 4, Forth K~~na. Ii t~l:~i'i ]sla:~d , a'nx ,tilstp Itiey: { ~}7-3-Ut)~:~7 l~t)C I~'O.: 0 ] ] 1 rnsU3 ~'4'e believe there arc; nu historic prop.:rtie.s pr.ei~r. a. i~itensiv~ cultivation has alte,~d the i~i~?,1 b. residential develal.~rnent /urbanization has alt~rcd the; ?anci X c. l;revious grubbin~~ grac~in` has alte.recl Ia~1d __~d.•• an acceptable archaeological assessmc .it ar inveritor_v sur.•~Y f~?uiici no historic properties e. other: _ ~l'ht;s, we believe that "no historic proprrries ~~iil be al~ccted" by this undertaking. "Phis project has already gone tluough the his-;~ric }?reserv~~hun revi~~.v process. _ a. mitigation has been completed b. otEter~ ..yi~;ned ~ u V 1 f~-'~'~?,~ ; )ate ~d~ ~ 2~.~-~ V[arc I3. Smith, assistant archaeologist historic Preservatio?t llivision-Hilo , t7epartmeM of Land a::r~ Nature! Resources STATi` FItSYOfdIC PRE:.3~RVAT10Bd DIVISIOt~9 till.0 OUFIC~ ~%~ll~it 1~ P.®. ~O~e 9}36 HIL.O, 4iA~+f.~,19 t7~ . JAN-93-02 FR I r~5 : 14 PM MACH I NC 537 1 X382 P. 01 • • F o'..sk ~arA®La to:.. V'.. •'I}EI'A"'nTl\riEN'T OF COImIMERCIE AN.D CONSUMER AFFAIRS oatotraaee.-ta~PUSPU are s~aa~~a at ~c 13LTSINESS REGISTRATION DIVISION ~`~~LYOr ~®s t.ATie stLtNSt 101Q Richards Strut Iytailing Adolress: Annual Filing, P.O. F1oz 40, Iionolulu, 1:iI. 9b810 r tMFySTIC PRO€~):T CORPORATION ANNUAL REPORT FOR TIME YEAR ENDED DECEMIEER 31, 1998 CORP®RATE NAM.t? AND IVIAILINCI ADDRESS: 1~IP, A, TNC. H~O1~vLUTHIU96~22 the: above nlaili;tYg address has cls~ngged, line aut address and tyl~e or print the new address on rho following tine. taive ~mbcr, Street, Lity, State, aad Zip Codee A TH®RlZ~ OR~•PlTAL PAID-FRJ CA.PlTAL IRIIJraA®ER ®F SFIARES ISSUEDI CLAS.4/9PR%E9 NUMBER CLASSISSRYES NUMBER CO4~AlON 700 CDMMON 700 TO ~Orrt:Ct Y$E {bCSY: C3Dit$1(a),1inE out and print flee correct edaas/series and numbers on the right. tdA119R1~ OF SLI~tR%~SS: E2ESTAURANT ' (I`o correct, line out and grin t corrections below. If inactive during the perlad, atata 1IvAt^'I'IVE.) t C2FFICE}~S/D1lgE~YC%iS: (List aU offices and director&. g,~rycorporation must have a m:nianum of two ir.Civ~.dvals ®s of¢icets. At least one director trtust be ~ rE6ldEflt Of 1.1A~Uf'ail. T°o eorrect, line out and print Correctlotta oII the right. Sec instructions an baelc of [eY:a.) OFFECE tit dtk9Ptc tr! PSJLt, t~388~rJCE AtX3F~S5:'tD0 NOT LEST BUSINgSS ADDR8S3! tD~C'TOrt C®03E: tI:dCLUDE NUMBER !R SYRE$T, APT. NO., C%TY, SYATH A 2IP COD21 ~/V/S/D CA}~30N,BARTLEY t 3655 TANTALUS DR HON HI 96522 rID ~ LU:CtE,wAYNc II.S. 1219 ALA PILI I.~ HON NI 86518 ~ ~ - _ ~~~~I~~~i~~ I, certify urt~ier the penalties oP Section 415-136, I~awaii Revised Statutes, that I have read thr above and the inforan~taon is true aced correct. i:ardA i~fv ®P A~tBTHCAI~Etl OPFICE~S, (C1¢F1CE FiELDI of Art®rnsT-ltt-#acf signs, at4ach power of aYtorPOey) F~Li! NO.Q~24831D1 {File thin original. Pbot® co ies not accepted.) Rev. t/9' r~v~rsn ~lel~ f®~ ~fl~tructl~oY~~g 617 ~X~~~~t ~ DPAR ENT C~ $~U~1~~ t~C~ COUN°Tl~ ~IA49NA11 4~IL~, l°IA99~Al1 . DA°i°E; 16Aarch 1 X002 T® Christopher J. 1Fuen, Planning ®irector Planning C~partrreent PI~OIV1 den Ishii, Acting ®ivision Chief ~ engineering Civision ~U~~9~CT Mate Land Use ®undary A~endr~ent Applicati®n (SLU 0~-0®1) Change of done Application ( ®~-®®3) . Applicant: dart Cahoon ~t~st Location: ICalaoa North Ifona,l~1 ~IVIK: 3 / ~-3-005: 097 V19e have reviev~ed the subject application and ®ur corne~ents areas f®IBovvs: 17~tAINe4 GL 1. All development generated runoff shall be disposed of on-site and shall not be directed tor~ard any adjacent properties. ~°he applicant shall be informed that if they include dr}n~+ells in the subject developrrsent, an Underground Injection Control (UIC) perrriit array be required from the Department of l'iealth, Mate of Fiavvaii. 3. A drainage study shall be prepared, and tl~ recommended drainage system shall be constructed meeting with the approval cf DP1010. .~Af?Tf°lVV~R6~ All earthenoork and grading shall conform to Chapter 10, ~rosior9 and pediment Control, of the I°lawaii County Code. EXI-II~3IT C c~ta®®ea "rna~~ 'rK: ~-3-~OSe®9~ ~h 1T, ZQO~ p.2®f2 1. the Hawaii Selt Highway, fronting the mauka side o$ subject property, is under the jurisdiction of the Hawaii Depar'trnent of `transportation (HD®`T`j. Com~a°~ents and requirements concerning this road should be obtained from the HDC~i . 2. Vehicular access to the individual lots shall not be from -'ILI 'ILI Stmt, any major collector or arterial roadways. 3. `ILl 'ILI Street, fronting the subject property, is a private road. it has an approximate 20-ft. wide pavement (in fair to good condition), with paved shoulders and swates ail within a 50-ft. right-of--way. ,the applicant shall provide improvements to 'ILI 'ILl Street including a drywall, pavement overlay, streetiihts, signs and markings and any relocation of utilities ri~eeting with the dedicable standards of the DID ~`he DP91V shall da#ermine the location of the drywall, which may be at a location other than the subject property frontage. All other required °1LI °1LI Street improvements shall be withain the #rontage of the subject parcel. Required irrrprovernec~ts to 'ILl °ILI street shall be corrtpieted as a condition of final construction appr®val by ~~1N. the applicant or assigns shall dedicate their interest in °ILI °ILI Street to the County as a condition of final subdivision approval by the DP~dV. ~4. Ali r®adways within the proposed development shaii follow the guidelines incorporated in the Hawaii Statewide lJniforrt~ Design IVlanual for Streets and Highways} Chapter 23 of Hawaii County Code and the requirements of ~P~111. 5: in the interest of traffic circulation, the area- road network should be mash planned with adjacent parcels. Hfhe applicant should construct- all rr~aster-planned- roadways, connecting with adjoining parcels, to County dedicable standards and offer them for dedication upon completion. not required to dedicate, the pr®posed ordinance sh®uid require that any connecting roads remain open to public t c. , 7"F?,4F,~1 Streetlights and other traffic control devices shall be installed as required by the Departrr~ent of public Irks traffic Division. the developer shaii be responsible f®r the design, purchase ar~d installation of all such devices. ShouBd there be any questions concerrsing this matter, please feel free to contact I<iran ~mier of our Kona engineering Division office at 3~7-3530. iC~ _ c®py: ~N~-H1L®dK®NA PLIV~-K®IVA APR-24-2002 WED 12;11 PM r. u~ • p~~4vOr~e~1° ~q'a~ BY&~~''~,~.gy ~Yrs C7dd6f ~g~~ SO.1~aK _ i{~~P + i• er~7T+'~•NPi~o` n ~ f 1 ~ ~ Z5 Aaapaaatl Sta-ma6 • 5talta 103 • gala, F~aawaa6i 9b"72Q ¢d848) 951~29'f • ~aY (808) 9ie1-$29~: l=®bruary 19, 2002 °i=®: Christopher J. Yuen, Planning iDirector ~r®rrt: ~d~nrard ~umatay, dire Chief su~J~c-r: i~~~a I~~uiy~~~Y ~i~~lv®i~~~°r #si~~ Q~~~~j iGtiU~~°~: ~~3~i~t3~.fitJl~L ~ U~~AN c~t~;N~~ ~ ~ ~~l~i_ICeA~'ii~N ~iZ~~ 02003) i~l1~~T: ~l3~t~~i~~'UIL iitl5a) ~ ~INS~~~~~~i~il~Y #~~ita~~i~" 1~~-~5) ~l~p`LIC~Rt~': ~ 3'. ~At~~~N ~~t1~T ~A~~' i~ 7~-QQ5:A97 Fire apparatus access roads shall be in accordance ~noith UFC ~ectior~ 1®.2®7: ~`~ilre ~p~a~igus ~cces~ i~~ade "~ece 10.2Q7_ (a) +~®neraie Fire apparatus access roads shelf be provid®d and rrgaintained in accordance with the provisi®ns of this section. "(b) ~96'here i~equiredo Fire apparatus access roads shall be required for Query building hereafter canstrtlcted arvhen any portion ®f an exterior mall cf the first story, is located s~®re than 15g feet from fre deparit~ent vehlole access as t~easureei by an unobstructed route around the exterior o$ the building. "~X~~l~T1~iV~: 1. lllfhen buildings are completely protected r~eith an appr®ved au~~rraatic fire sprinkler system, the provisions ®f this sectlmn may be modified. E-IIIT` D APR-24-2002 WED 12 11 PM P. U4 To: Christopher J. Yuen, Planning ~irct®r Page 2 Febnaat~l 19, 200 "2. When access r®adways cannot be installed due t® t®pography, waterways, n®nnegotiable grades or other sirv,ilar conditions, the chief' n1~y require additional tare pr®tecti®n as spaci#i~d in Section 10.3®1 ~b}. aa3. Vvhen there are not more than ~o group division 3 or Croup IdA ~3ccupancies, the requirem®nts of this section may be rraodifed; pr®vided, in the opinion of th® chic#, fire~ftghting or rescue operations w®uid nit be impaired. "itolore than ®ne fire apparatus road may be required wh®n it is d®termined by the chi®f that access by a single r®ad rrtay be impaired by vehicle congest€~r~, condition of terrain, climatic c®nditions ®r ®ther factors that e~ould limit acoess. aa~or high-piled cot~bustifaie storage, see section 31.108. aa(c) Widi:h. fibs unobstructed width of a fire apparatus access road shall r~aa®t the requir®rnents o$ the appr®priate county jurisdicttion. "(d) '4~erticai ~tea~n+ca. Fire apparatus acc®ss roads shall have an unobstructed vertical clearanc® of not ices than 13 feet inches. aa~~fii~~~ lJpc~n approval v®rticaB ctearanc€~ may be reduced, provided such reduction does nat impair access by #ir® apparatus a approved signs are installed and maintained indicating the established vertical clearance. Par°rnisaibt~ i~®dificati®ns. Vetticai clearances ®r widths required by this seckion may be increased e~hen, iri the opinion of the chief, vertical clearanc®s or widths are n®t adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be design®d and rraair~tained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-v~reati~ea~ drlvlr~g capabilities." (ZD tons) ' ~T~arn3ng fta~[iua. ~fhe turning radius of a fre apparatus access road shelf be as appr®ved by tY~e chic#." (4~ feet) "(h) °f~arnar®un~a. AU d®ad-end fire apparatus access roads ire excess of '15Q feet iri length shall be provided with appr®ved provisions for the turning around of fre apparatus. APR-24-2002 WED 12 11 PM ~ U5 T"o: Christoph®r J. Yuen, Planning Cirector Page 3 February 19, 2002 "(i) fridges. Wh®n a bridge is required t® be us®d as access under this se~;ttion, it shall be construct®d and maintained in accordance e~rith the appli~~ble seoti®ns of thc~ wilding Code as~d using designed live 0®ading sufficient to carry the irriposed loads ®f fire apparatus. "Q) grade. `the grad'oent for a ~r® apparatus access r®ad shall not exc®ed the rraaxirnum approved by the chief." {15°/a) "(k) ~bstrtACtiion. The required width of any fire apparatus access road shad n®t be obstructed in any manner, including parking of vehicles. IVlinirraurn required widths and clearances established under this section shat! be rr~aintair~d a# all times. "{I) Signs. 0110hen required by the fire cFaief, approved signs or other approved notices shall be pr®vided ar~d maintained f®r dire apparatus access roads to id®ntify such roads and pr®l~lbit the ®bstructtion ther~f or b®th." 1lVater supply shall be in accordance with UFC Sec~kion 10.381: "Sec, 1D.3O1. (a) Type F~equired. the ehief shad designate the type and number of fire appliances t® be installed and rYaaintained in and up®n a!I buiidir~gs and premises in the jurisd`scti®rr other than private dwellings. `t`his shall be done according to the relative severity of probable fire, including-the rapidity-with which it nnay spread. Such appliances shall be of a type suitable for the probaiale class of fire associated with such building ®r pr®mises and shall have appr®vai ofi the chief. "(b) Special Hazardsa In occupancies of an especially hazardous nature or where special ha~rds exist in addition to the n®rrnai hazard the occupancy, or where access for fire apparatus is unduly diffirtrlt, additional safuards may be required eanslsting of additi®nal fire appliance units, ttnore than one type ®f appliance, or special systems suitable f®r the prot®ction of this hward 'snv®Ivs~d. Such devices or appliances may consist of aut®s~atic fire alarrt~i syst~;s, aut®a~raatic sprinkler or water spray systems, standpipe and boss, iced or portable' fire extinguishers, suitable asbestos blankets, breathing apparatus, rYtanual or autorr9atic covers, carbon di®xide, foan°r, halogenated and dry chern~cal or other special fir®-extinguishing systems. Vl9here such systerv~s are installed, they shall be in accordance with the applicable l9nif®rr~ Fire Coda Standards or standards ®f the National Fire Protectit~n Association when l9nifvrrn Fire Code Standards do not apply. APR-24-2002 WED 12 12 PM p To: Christopher J. Yuen, Manning director Page 4 February 19, 2042 °'(c) RnOater ~uppiy. An approved water supply capable ®f supplying r~gr~ired fire t8ow for fire protection shall be provided to all premises upon which buiidirags or portions buildings are herea~er constructed, in accordance with the res e county water requirements. There shall b® provided, when required by the chief, on-site fire hydrants and gains capable of supplying the required Errs flow. `°1Nater supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fined systems capable of providing th® required f[re flow. °°The location, number and type ®f fire hydrants conned to a water supply capable of delivering the required fir®flovv shall be protected as set fsah by the respective county water requirerrt®nts..~ll hydrants shall be accessible to the fir® department apparatus by roadways lvteeting the requirements of section 1®,2®7. "(d) Fare l~Bydrarat l~larkers. 1116hen required by the chief, hydrant locati®ns shall be identified by the installation of reflective rr~arkers. "(e) fiirraing ®f l~tstallati~n. VNhen fire pr®teottion facilities ar® to be ir~stalied by the developer, such facilities including ail s~rrface acc®ss roads shall be irastailed and made serviceable pric~rto and during-the time ®f construction. 4~hen aiterraate rrr®thads of protection, as appr®ved by the chief, are provided, the abov® rna~y be rt1®ditied or waived. "(f) Ali fire alarm systems. fire hydrant systems, fir's extinguishing systems (including automatic sprinklers), Class I, li, lii (combination standpipe system) and combined systems, baser~nt inlet pipes, and other fire protection systems and app~rkenances then®to shall meet the approval ®f the fire departr~asnt as to installation and Iocatiort and shall be subject to periodic fasts as required herein. Plans and specifications shall be submitted to the f re dapartn,ent f®r review and approval prier to installation." ®VVA1~~ ~t_IiV1~3TAY° Fire tef ~~/rrio APR-22-2002 PION 04 ~ 56 PM P, 05 ' ~ ~2dC3~y~Ltk~, Pinning Ccnsultant ' 00 Pa?aesh0 ~te~6, Sul4g 29 2 • i~ila, He~reii 96720 ' p'~ • ~~l~phon~: (808) 969-9522 • Feat: (609) 969-7g96 • • l~nd~l~m P~rrnB~ • Sn+~ss~ta! ~ Apri118, 2002 ~~~r,? f~t~;7 ~'(j 1C ~ 1 rel. ;ti •ir , 1° ..~It• k ii~.l:: ~ i Mr. Christopher Yt~n, lairect®r plar~irag Depart~aent C~~.TfTTY ®I« I-IA~AII 25 Aupa~i Street ]Lilo, lE~I 96720 dear . 'Yue~a; . Seabj~ta SLU (SLiT 02-OOI) and l~cao~i~g 02-003) ~e~~es~ ~~~°t T': Cs~hoon. Trust:_ 7-3-005: #)97 Think you for pa+c~idit~g me with agency corrameaxts to date regardvs~g the subject applications. In respo~ to said coa~sents, plea note the follawiaig; ~p e of lib 'c ~7orks , 1. Tl~e a eaathwork requireYnents of the County Cade axed the l~eparrmc~ ofpublic works will be cannplied with in conj~tractiaaa with the subdivisioa~ approval process. If a dry~vell is rlec~SSary, t~ apprapraate UIC permit frorra tl~ State I~e~part~xaent of 1<Iea3.th gill be sectared, 2. l~alae of the lots will secure access fraatt the l~Iaraaalahaa >"Iigh~y. such, ~ sppr®wal from the State T~epent of'Y'xa~porG~ttion is. necessary. 3. All lots will seca~re their 8~cess from a newly constructed road vuikhin the proposed subdi~rision. Nazi of flee lots are proposed to have detect access to 'I1i'Ili Street, The applicant in ca~ajunctiaat with the stabdivisian . approval pre~~ss will install the-appropriate street fiarnit~.re (stop siga~s, naarkiug, and yet light). The applicant participated in the iaupravenaerats to that portion af'Yli'Tla Street front~~ the subject property. "While tl~ applic~t doses ~t.beli further inxproverraerats are needed to this portion of 'Ili Ili Street, if they are raeeessarg+ to briaig it up to County dedicable staaadard, it will be d®€~ by the applica~tt with the unclerstaatding that all regtaired irrapact fee credits will's applied a$sinst arty past and. future ix~provetxaex~ts. ~$~T ~ APR-22-2002 MON 04 58 PM P. 12 Mr. Christopher Yuen April 18, 2002 I'a,~e 2 - 5. The applicant-~ only S0~/o of dais section of 'I!i'IIi Stmt. Uaaderstagadably, any dedication t~ the C®unty would be limited ®nly t® the ~ipplic~°at's interest'. 6. Given the lixr~ated nuxrabcr (~1~5) of lots ~ t pr®ject d t~ casting street pattern, it.woa~ld rappear.that extcndin~ I1g Ili Strcet to tlac. rt®rtb (~s this project yr®uld do) would be rn®st paudent from. a trc circulation perspective. It.~a~~ld ~ventua.ily a.Uow access to the sazbdivisioras:to tlae north. As saa~, the~nppficaaat t~>expressed its ~wi ' s~ to dic~tc bis . interest of.°IIi'li atreet to the Cotuaty. . Soil Conservation Services ~ The applicant intends to securc ail required land disturbaaace per~sts a~sure~t~t proper draiaaage ~iti~~tioras~ are theta: Appropriate plans naaast be prepay mad . ~pprov~d by the Coaaaity before these pecBaaits can be isstaed. @Vc tr`ast that the above adega~ately addressed tlagse any coraanaents. I£ na~t or if . there are further co~aents or ~,aiestions oia this ~aaatteg, please feel to contact Tbaral~ , . . you veay much, early 3 NAY . ~ . . . . P Consult copy DP'6~V . SCS ~a~ Cahoon'Trust Sidney~uke, Planning Consultant 100 Pauahi Street, Suite 212 • hiiio, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits March 14, 2002. _ , , ~ ~ • Environmental Reports ~ , Mr. Christopher Yuen, Director ' ' ; C;,_ . . County Planning Department 25 Aupuni Street - Hilo, HI 96720 Dear Mr. Yuen: Subject: State Land Use (SLU 02-001) and Itez®ning (l~Z 02-003) itec~uests -Hart T. Caho®n Trust.~~°lo~IK: ?-3-005; 097 Thank you for providing me with a copy of agency comments to date regarding the subject matter. In response to these comments, I would like to note the following: County Fire Department The requirements of the Fire Department relative to fire access road and other fire protective measures (such as hydrants) will be installed in conjunction with the subdivision approval process. Further, during the building permit process, plans must be approved by the Fire Department assuring that these fire safety measures will be taken. The respective homeowner will be responsible for this aspect. State Department of Health Given the proximity of a drinking well, the applicant will take measures, such as a provision in the deed, to inform future lot owners within a 1000-foot radius of the water well that there are special wastewater restrictions and that consultation with the State Department of Health would be advisable. State Department of Transportation The project's proposed access will be via Ili' ili Street, a County road. However, there may be some utility work within the State right-of--way. In that event, the appropriate permit from the State will be secured prior to commencement of construction. Normally, the County requires an impact fee for residential projects of this nature to address road and other infrastructure. The applicant intends to comply with said requirement. Finally, the applicant is aware that the project may generate some impacts at the _ intersections of Ka' iminani Drive with Mamalahoa Highway and the Queen Ka' ahumanu Highway. with the signalized lights at the Queen Ka' ahumanu Highway, movements can be controlled and thus realize greater safety. Although ~ > ~ ~ ~ ~ _ Mr. Christopher Yuen, Director March 14, 2002 Page 2 the Mamalahoa Highway is not signalized, this project would provide the last connecting and important link along Ili' ili Street between the Kona Palisades and Kona Coastview Subdivisions. Hy integrating subdivisions, it should-help mitigate traffic at the intersections of the respective subdivisions with the Nlamalahoa Highway. I trust that the aforementioned adequately responded to the agency comments. If not or if there are further comments or questions on this matter, please feel free to contact this office. Thank you. incerel SIDNEY M. FiJKE Planning Consultant Copy -County Fire Department State Department of Health State Department of Transportation Mr. Hart Cahoon w/ enclosures r''t-~~ WAT.t}S: ~ . s.. a f A3 ;r 1~~~:3~T'IO~I~N-I" 91V~~`1~14 ~U~~~Y ~ COUN`T'Y 1--i~.lOV~II ~e} ~,e~ 345 KEKUANAOA STREET, SUITE 20 HILO, HAWAII 96720 YaF HAY'-AY" TELEPHONE (808) 961-8050 FAX (8081 961-8657 Apri124, 2002 ~ TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-001) REQUEST: AGIZICULTLTRAL '>c0 URBAN CIIANGE OF ZONE APPLICATION (REZ 02-003) REQUEST: AGRICULTURAL (A-5a) TO SINGLE FAMILY RESIDENTIAL (RS-15) APPLICANT ---BART T. CAI~IO®N TRUST TAX MAP I~EY: 7-3-00:097 We have reviewed the subject State Land Use Boundary Amendment and Change of Zone Applicaticns and have the following comments. Water can be made available from an existing 6-inch waterline along Ili'ili Street, which fronts the westeni boundary of the subject parcel. Current water availability conditions, which are subject to change, for the North Kona water system are such that only a total of seven units of water are available. 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 six additional lots that are requested in the proposed Change of Zone Application, the required water commitment deposit is $900.00. Remittance of $900.00 from the applicant is requested, as soon as possible, so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. 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 improvements, which shall include, but not be limited to, the following: a. water mains capable of delivering water at adequate pressure and volume under peak-hour flow conditions and fire-flow conditions (minimum diameter of mains shall be 6 inches), b. service laterals that will accommodate a 5/8-inch meter to each lot, and c. fire hydrants spaced not more than 600 feet apart. s_ V VCC~eN f~NGl2~~ ~i"O~Ne~~... Mr. Christopher J. Yuen, Planning Director Page 2 April 24, 2002 Submit construction plans prepared by a professional engineer, registered in the State of Hawaii. 2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to change, of $29,100.00. The determination of this amount is shown below. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. Facilities Charge One 1S` service at $940.00 each, previously paid $ 0.00 Six additional services at $4,350.00 each +26,100.00 Subtotal $26,100.00 Capital Assessment Fee Six additional services in North Kona at $500.00 each ~ ~ + 3,000.00 Total (Subject to Change) $29,100.00 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 within the conveyance documents. Conveyance of the improvements and easements are required prior to water services being granted. 4 . Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please call our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milton D. Pavao, P.E. Manager BCM:jkh copy - (w/enc.) Mr. Bart T. Cahoon (w/o enc.) Mr. Sidney Fuke