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HomeMy WebLinkAboutCOM 0058.000 2002-2004 r~V Oi Harry Kim ~,c~ Dixie Kaetsu Mnyor ~ Mnnnging Director •.,w Peter T. ~'ot[ng.. ;~oi~M~' Deputy Mnnnging Direclor County of Hawaii 25 Aupuni Shee[, Room 215 Hilo, Hawaii 96720-4252 (808) 961-821 I Faz (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 December 19, 2002 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki Change of Zone Application (13EZ 02-10) Applicants: Rose Marie Nathewitch & Samue] Hostetter, Jr. Request: Open (O) and Agricultural (A-l a) to Agricultural (A-Sa) Tax Map Key: 1-4-'73:3 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sin r y, ~ ~ ~ Harry K Mayor Enclosures 8l 02 `f cc: Planning Department Comm. No. File No. Ref. To: xet. Date DEC 2 4 2007_ `r_ ±SY N• Harry Kim Mayo R-os~M' County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 Hito, Hawaii 96720-3043 December 16, 2002 (808) 961-8288 Fax (808) 961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 02-010) Applicants: Rose Marie Nathewitch & Samuel Hostetter, Jr. Request: Open (O) and Agricultural (A-la) to Agricultural (A-Sa) Tax Map Key: 1-4-73:3 The Planning Commission, after a duly held public hearing on August 15, 2002, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 5.006 acres of land from Open (O) and Agricultural (A-la) to Agricultural (A-Sa). The property is located in Vacationland Hawaii Subdivision, Unit II, on the east side (makai) of Milani Road, approximately %z mile northeast of its intersection with Kapoho Beach Road, Halekamahina, Puna, Hawaii. We apologize for the oversight in transmitting this matter to you on a timely basis. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The request for a change of zone designation from Open (O) and Agricultural (A-la) to Agricultural (A-Sa) would allow the applicants to construct a farm dwelling on the subject property. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 subject parcel was created in 1963 as one of 83 - 5± acre lots with the intent that it would be used for agricultural purposes. The Open (O) zoning designation was adopted in 1967 in conformance with the newly-adopted State Land Use Conservation District designation (1964). The State Land Use Boundaries lines were drawn using the Halekamahina land division as the dividing line without consideration of the subdivision. As a result, this and several other parcels were placed in the Open (O) zoned district for consistency. In 1971, the State Land Use Commission approved Vacationland Associate's request to amend the State Land Use Boundary from Conservation to Agricultural. It was determined that the boundary amendment to an agricultural district would result in a more appropriate land use. Subsequently, in 1991, Michael Smith's request to rezone TMK: 1- 4-73:2, a parcel located adjacent to the subject property on Ihilani Road, from Open (O) to Agricultural (A-Sa), was approved by the County Council. In 1999, Leigh R. Hilbert's request to rezone TMK: 1-4-73:18, also located southeast along Ililani Road, from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a) was approved by the County Council. In 2001, Joshua Leo's request to rezone TMK: 1-4-73:27, located within the same section of the subdivision, from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a) was approved by the County Council These requests were approved as the use would be consistent with the original intent of the creation of the parcel, be in conformance with the General Plan and State Land Use Agricultural District and adjacent zoned uses. Approval of this request to change the zoning of the subject parcel from Open (O) and Agricultural (A-1a) to a Agricultural (A-Sa) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: Land Use: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability for public services and utilities, access, and public need. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Agriculture: The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. Protect and encourage the intensive utilization of the County's important agricultural lands. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Agricultural land shall be used as one form of open space or green belt. The Soil Conservation Service Soil Survey Report classifies the soils as Mala~na Extremely Stony Muck (rMAD). These soils consist ofwell-drained, thin, extremely stony organic soils over A'a lava and is used primarily for woodland, pasture and orchards. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Soils within the subject property are also classified as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Finally, the General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Orchards. The proposed rezoning would bring the subject parcel into conforniance with the existing Agricultural zoned properties within the Vacationland Hawaii Subdivision. As the existing Open (O) zoning designation applies to areas that contribute to the general welfare, the full enjoyment or the economic well-being of open land type uses, the applicants would be prohibited from constructing a dwelling with the present zoning. When the State Land Use Commission approved the State boundary amendment from Conservation to Agricultural, it was determined that no significant Conservation characteristics were inherent and the subject lands could be removed and justifiably placed within the State Land Use Agricultural district. Lands surrounding this property include a large 140-acre parcel bordering Vacationland Hawaii Subdivision Increment II to the north, which is zoned Open (O), and within the State Land Use Conservation District. Three remaining parcels along Halepueo Road and Ililani Road are zoned either Open (O) or are split zoned Open (O) Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 and Agricultural (A-la). The majority of parcels in the Vacationland Hawaii Subdivision Increment II, however, is zoned Agricultural (A-la). Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this subdivision. As such, the granting of the proposed use will not adversely affect similar or related existing uses within the surrounding area, community or region. The proposed change of zone will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure. This parcel is located on the right side of Milani Road, a private ] 0-foot wide cinder road, approximately 0.5 mile from its intersection with Kapoho Beach Road. Access along approximately 0.5 mile of Kapoho Beach Road, a private chip seal road, which is paved with an approximate pavement width of 21 feet, is from County Highway 137. Road maintenance fees are collected to maintain the existing private roads. As such, the existing cinder and chipsealed roadways are adequate to accommodate the proposed rezoning. Water can be made available to the subject property and an account has been established with the Department of Water Supply. Therefore, in this particular situation, the requirement that County water be available to the parcel prior to rezoning the subject parcel will not be applicable but the applicants will be required to connect to the County water system if the request is approved. Wastewater generated by the proposed development will be disposed of utilizing a septic tank system meeting the requirement of the Department of Health. There are existing telephone and electrical lines to service the property. It is recommended that the applicants consult with the Historic Preservation Division, Department of Land and Natural Resources to verify that the property does not contain any azchaeological, cultural or historic sites. Finally, other agencies had no objections or comments to the proposed request. Based on the above findings, approval of the change of zone request from Open (O) and Agricultural (A-1 a) to Agricultural (A-Sa) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-22, the Puna District Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Counci] Page 5 We are enclosing a copy of the staff background for your information. Sincerely, CGECC't.c~c~~7 ~'~ft-I~~~---_. Geraldine M. Giffin, Chairman 6~ Planning Commission Lnathewitch02PC Enclosures cc: Rase Marie Nathewitch & Samuel Hostetter, Jr. Department of Public Works Department of Water Supply Department of Land & Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BNathewi[c1il2BZ02eow COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ROSE MARIE NATHEWITCH & SAMUEL HOSTETTER, JR. CHANGE OF ZONE APPLICATION (REZ 02-010) ROSE MARIE NATHEWITCH & SAMUEL HOSTETTER, JR. have submitted an application for a Change of Zone by changing the district classification from Open (O) and Agricultural (A-la) to Agricultural (A-Sa) for approximately 5.006 acres of land. The property is located in the Vacationland Hawaii Subdivision, Unit II, on the east side (makai) of Ililani Road, approximately '/z mile northeast of its intersection with Kapoho Beach Road, Halekamahina, Puna, Hawaii, TMK: 1-4-73:3. GENERAL INFORMATION 1. Land Ownership: Rose Marie Nathewitch & Samuel Hostetter, Jr. are the fee simple owners of the property. They purchased the property from Benoa Enterprises Company in March 2002. 2. Tax Clearance: A tax clearance from the Real Property Tax Division indicates real property taxes have been paid until June 30, 2002. APPLICANT'S REQUEST 3. Request: The applicants are requesting an Agricultural (A-Sa) zoned designation on the subject property in order to construct a farm dwelling. The approval of this request would also bring the subject property into conformity with the majority of the Vacationland Hawaii lots which are zoned Agricultural (A-la) and are buildable lots. 4. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -Change of Zone Application dated April 26, 2002 and additional information submitted May 8, 2002) STATE AND COUNTY PLANS 5. State Land Use: Agricultural. Prior to 1971, this and several other properties within the Vacationland Hawai' i Subdivision were designated Conservation. The State Land Use boundaries were designated in 1964 after the Vacationland Subdivision (1962 and 1963) was established. At that time, the subject property was split between the State Land Use Agricultural and Conservation District as were several other lots along the northern corner of the Vacationland Hawai' i II subdivision. The State Land Use Boundary lines were drawn using the Halekamahina land division as a dividing line without consideration of the subdivision. Because of the Conservation designation, when the Zoning Code was implemented in 1967, these parcels were placed in the Open (O) zoned district for consistency. However, in 1970, Vacationland Associates applied for a State Land Use Boundary Amendment with the Slate Land Use Commission to reclassify these parcels (or portions) from Conservation to Agricultural to be consistent with the remainder of the subdivision. A majority of the subdivision was within the State Land Use Agricultural district with an Agricultural (A-la) zoning. The State Land Use Commission approved the request on February 26, 1971 as no significant Conservation characteristics were inherent, the area was contiguous to exiting Agricultural District and they found it justifiable to remove the split designation on the properties within the subdivision. The County zoning, however, remained Open (O) and was not changed at that time. 6. General Plan Consistency: Agricultural and Land Use Elements goals. 7. GP LUPAG Map: Orchards. 8. Zoning: Open (O) and Agricultural (A-la). Approximately 1.545 acres of the 5.006- acre subject property is zoned Open (O). The zoning designation of Open (O) was imposed in 1967 to conform to the State Land Use Conservation District designation, of which the parcel fell into at that time. The Open (O) zoned district does not allow for the development of a residence on the subject property. Approximately 3.461 acres of the 5.006 acre subject property of the southwestern corner of the subject property is presently zoned Agricultural (A-la). The applicant's request to rezone to a Agricultural (A-Sa) zoning designation would allow the applicant to construct a farm dwelling on the parcel and to have one zoning designation instead of being split zoned. Further, the Department no longer utilizes the Agricultural (A-la) zoning designation. 9. SMA: The property is not situated within the Special Management Area (SMA) and is approximately one mile from the nearest shoreline. 2 10. Vacationland Hawai' i Subdivision: This subdivision was created in two increments. Increment I secured final subdivision approval by the Planning Director on May 29, 1962 for 218 lots approximately 8,000+ square feet in size, that are presently zoned Single-Family Residential (RS-10). Unit II was approved on December 19,1963 for 83 lots approximately 5+ acres in size, with a majority of the lots zoned Agricultural (A-la). The subject parcel is a part of Unit II, which was created before the State Land Use boundaries were established. 11. Rezonings in Vacationland Hawaii, Unit II: A. Michael L. Smith (REZ NO. 696): Michael Smith's request for a Change of Zone from Open (O) to Agricultural (A-Sa) for TMK: 1-4-73:2 was approved by the County Council and became effective on October 24, 1991. This property is adjacent to the subject property of this application. B. Leigh Hilbert (REZ NO. 918): Leigh Hilbert requested a Change of Zone from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a) for TMK: 1-4-73:18, located within 1,000 feet of the subject property of this application. The County Council approved Hilbert's request, effective July 16, 1999, as the use would be consistent with the original intent in the creation of the parcel, be in conformance with the General Plan and State Land Use District and adjacent zoned uses. C. Joshua K. Leo (REZ NO. 963): Joshua K. Leo's request for a Change of Zone from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a) for TMK: 1-4-73:27 was approved by the County Council and became effective on May 5, 2001. These three parcels are located within 2,000 feet of the subject application property. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 12. Subject Property: The subject property is located within the Vacationland Hawai' i II Subdivision. It is a 5.006-acre lot. Most of the parcel and the surrounding borders of the property are still in its natural state with ohia trees, ferns and shrubs. 13. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site as Malama extremely stony muck (rMAD), 6 to 20 percent 3 slopes. This soil consists of well-drained, thin, extremely stony organic soils over A'a lava. These soils are undulating to rolling. The surface layer is very dark brown, extremely stony muck about 3 inches thick. Permeability is rapid, runoff is very slow and the erosion hazard is slight. This soil is used for woodland, pasture and orchards. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity. 15. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: Soils within the subject property are classified as "Other Important Agricultural Lands" by the ALISH System, which includes lands other than Prime or Unique agricultural land that is also of statewide or local importance for agricultural uses. 16. FIRM: The subject property is located within Zone X, areas determined to be outside the 500-year flood plain. 17. Lava Flow Hazard Zone: Zone 1. The U.S. Geological survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9 being in the lowest severity of hazard. Zone 1 includes the summits and rift zones of Kilauea and Mauna Loa where vents have been repeatedly active in historic time. 18. Surrounding Zoning/Land Uses: TMK: 1-4-73:2 located on Ililani Road adjacent to the subject parcel was rezoned from Open (O) to Agricultural (A-Sa), effective October 24, 1991. TMK: 1-4-73:18 also on Ililani Road to the northwest was rezoned from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a), effective July 16, 1999. Immediately to the south and west are Vacationland Hawai' i Unit II lots which are zoned Agricultural (A-la) and approximately 5 acres in size. Further south lie Vacationland Hawaii I with lots zoned Single Family-Residential (RS-10) and ranging approximately 8,000-9,000 square feet in size. The Kapoho Beach Lots subdivision to the southeast is zoned Single-Family-Residential (RS-10). Surrounding uses include a few residences. There is a large 140-acre parcel bordering Vacationland Hawai' i Unit II to the north which is zoned Open (O) and within the State Land Use Conservation District. PUBLIC SERVICES/FACILITIES 4 19. Access: The parcel is located on the right (east) side of Milani Road, approximately 0.5 miles from its intersection with Kapoho Beach Road. Milani Road is a subdivision road within a 40-foot easement, which is privately and collectively owned by all lot owners in Vacationland Hawai i Subdivision Unit II. The road surface is red cinder and measures 10-feet wide with 4-foot wide grassy shoulders. Milani Road terminates approximately 1,000 feet to the north of the subject parcel. Access to Milani Road is from Kapoho Beach Road, which is chipsealed with a surface approximately 21-feet wide. The distance along Kapoho Beach Road from its intersection with County Highway 137 to its intersection with Milani Road is approximately '/z mile. 20. Water: County water lines run along Kapoho Beach Road consisting of an 8-inch waterline. According to the Department of Water Supply, it is approximately 2,800 feet from the subject property and the subject parcel has an existing account. 21. Wastewater: According to the Department of Health, a septic tank system would have to be installed. 22. Other Essential Utilities and Services: The subject parcel has access to telephone and electrical lines. AGENCIES' COMMENTS 23. Department of Public Works (June 26, 2002 Memo): "We have reviewed the subject application forwarded by your memo dated May 29, 2002 and have no comments or objections to the request." 24. Department of Water Supply (June 26, 2002 Memo): "We have reviewed the subject change of zone application. First, this application is a decrease to the existing density; and our current water availability guidelines for the Kapoho water system would permit such an action. Second, the subject parcel has an account, No. 070-29400, with the Department with its service lateral located on the existing 8-inch waterline in the Kapoho Beach road, approximately 2,800 feet to the southwest corner of the subject parcel. For these two reasons, we have no conditions or requirements for the applicant." 25. Department of Environmental Management (June 7, 2002 Memo): "No comments." 5 26. Police Department (June 4, 2002 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 27. Fire Department (June 3, 2002 Memo); "We have no comments to offer at this time regarding the above-referenced change of zone application." 28. Department of Health (June 6, 2002 Memo): "The subject lot is located in the Critical Wastewater Disposal Area where cesspools are not allowed because of water pollution concerns. Any development on this lot would require all wastewater be disposed into a Septic Tank System." 29. Department of Transportation-Honolulu (June 4, 2002 Memo): "Thank you for your transmittal requesting our review of the subject application. The proposed request for a change of zone for 5.0 acres of land from an "OPEN" and A_lA" to an Agricultural-five acre (A-SA) zoned district with a family residence will not impact our State transportation facilities." 30. Department of Land and Natural Resources -Engineering Division (June 19, 2002 Memo): " We confirm that the proposed project site, according to the FEMA Community-Panel No. 1551661400 C, is located in Zone X. This is an area determined to be outside the 500-flood plain." 31. Department of Land and Natural Resources - Hawai' i District Land Office, Commission of Water Resource Management, and Division of State Parks (July 2, 2002 Memo): "No comments." AGENCIES - NO RESPONSE 32. Real Property Tax Office, Civil Defense, State Historic Preservation Division, State Land Use Commission, Natural Resources Soil Conservation. COMMUNITY COMMENTS: 33. Vacationland Community Association: No comments received. 6 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT r n j (Type or legibly print the requested information) t~" . APPLICANT: ~,os~c" ~Vl W r ~ N r~? he,~ ~ k c.~ p~ S/~ m~~, -Nd 5 ~-~k k~ ~ APPLICANT'S SIGNATURE nn ~ 1~ ,0<~.~/ ~ v m~ DATE:~~r~r~61~ ADDRESS: rIG! " I ~ 7 L PD1 ~Ali>• pLAc".(~ 0 I~_ ~U A7 fay . --h-"-I LIST APPLICANT'S INTEREST IF NOT OWNER: p ` ` LIST PRINCIP.nAL(S) INCLUDING NAMES OF MAIN OFFICERS: / )OS~CNAri~ uV ~ "~I%'1C? uJ c ~i~1 PHONE:(Bus.) ~ (Res.) ° 7~~iY (Fax)/`~/~ ' ~O9 LANDOWNER(S): '(,j'L"IA~t~ A'~ 1 ,/'rOS~~-I'-fL~ly ~r LANDOWNER SIGNATURE(S): ~ ~1.~.1~-t. ~a yATE: .2Ls~0 ~ (May b by le~fer) ~L~ ~ LANDOWNER(S)ADDRESS: rIC-ro~,~`! ,~l /'~b~/AC /'f~n/C`s!s?n/A Re~a,~,,, REQUEST: U~- P~ As $p~,~ TO ~'SA (Extshng zoning) ff2 (Proposed Zonima) TAX MAP KEY: (o"J " ~ _ ~ _ _ C)3 ~ L.o} 5~- STREET ADDRESS OF PROPERTY: iIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5d°b~ AGENT: 1DDRESS: .-a ELEPHONE: (Bus.) (Res . (Fax) , tease indicat//e~~ to whom original correspondence anti copies should be sent. r RIGINAL:H ~~J~ l c~,/ COPIES:_- i t~iA f EXHIBIT t- ~ ~p~~~ (See Instructi Side) ~ e ~-~.32~ ~ , , ~ 3 TrIiS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: 1. A filing fee of five hundred dollars ($500) plus twenty-five dollars ($25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. An original and twenty (20) copies of a Background and County Environmental Report to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment has been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale-drawn plot plan of the property showing property lines and measurements; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full-size (2' x 3') scale-drawn plot plan of Item S for presentation purposes. 7. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. 8. A certificate of clearance from the Director of Finance that the real property taxes and all other fees relating to the subject parcel(s) have been paid; and there are no outstanding delinquencies. 9. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. rr Note: A Legal description of the property in map and written form by metes and bounds as &ertified icy a surveyor shall be submitted to the Planning Department, promptly, within one month of receipt of the acknowledge receipt letter for the application. This application will not be transmitted to the Planning Commission unless the metes and bounds description in map and written form have been received and processed. r ARMS - 6/01 (p:\wp60\forms\pd\changeofzoneapplskg) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject N~ land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? 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? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot 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 subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? _ c. Sell or lease the land to someone who has no plans? /17 d. Keep it? f%~ e. Other (please state) P.D. 2 5/84 ' f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land p will alleviate the local housing situation? 'V ~ How? 4. Are there any buildings on the subject area? IV Q If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? If so, please list the kinds of products grown and on how many square feet or acres- of land per product. 6. Was your request to allow for the creation of smaller agricultural ~ lots? ~V If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? ~ If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? s 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools _ b. Roads ~,~(f c. Sewer u!1/ d. Drainage i'4'~r? -3- Yes NAO~ e. Police Protection f. Fire Protection /~~~///a g. Recreational Facilities /V~~ h. Public Utilities dl/~/ i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: //J~ 1. _ Address: ~VJ'(r)~~7~. /'~(ItlL~/I ~//1~j%/~7~A~-f~-!° ////e Telephone: ~i7 ~ Y"W Date: ~ -4- BACKGROUND AND COUNTY ENVIRONMENTAL REPORT For reclassification from "OPEN and A-lA" to "A-SA" Petitioner: Rose Mazie Nathewitch and Samuel P. Hostetter, Jr. TAX MAP KEY (3) 1-4-73: 03 A. Subject Request: We, Rose Mazie Nathewitch and Samuel Hostetter, Jr., are requesting a rezoning of our property from the present designation of "OPEN and A-lA" to "A-SA". This property is lot number "57" of the VACTIONLAND HAWAII, UNIT II map, as on file with the Bureau of Conveyances of the State of Hawaii (File Plan No. 920). The request is to bring the "OPEN" portion of the lot into conformity with the remaining portion which is designated as "A-lA" and with the majority of Vacationland Subdivision Lots that are zoned AG. The portion of the lot currently zoned "OPEN" is approximately 1.545 acres of the total 5.006 acres. The portion zoned "A-lA" is 3.461 acres. We plan to utilize a portion of the lot that is currently designated "OPEN" to build our family residence. We have no blue prints for this, as of yet, as we will be waiting for the outcome of this zoning request first. Roads to the lot aze private (Vacationland Association) and are well maintained (all community members pay annual dues for this). There are both'HELCO' powerpoles and telephone hook up on the road bordering the lot. County Water is available, and our Service Number is: 07029400. B. CONFORMANCE WITH STATE/COUNTY PLANS: State Land Use Designation: Agricultural General Land Use Designation: Orchard County Zoning: Agricultural and Open Community Development Plan: The lot is part of the Kapoho Vacationland Hawaii Association Subdivision Special Management Area: Not within one Applicable goals/policies and objectives of the General Plan: The orderly development of agricultural lands that border on, or contain within them, residential and/or farm dwelling communities. In support of this rezoning application as it pertains to the above bulleted headings, it would be very beneficial to all involved to read the following excerpts from a related Background Report and subsequent Recommendations. These excerpts are from the change of zone application files of Michael Smith, who has the lot adjacent to the one in this rezoning application and was in the exact same zoning position in 1991. Refer to attached maps for a quick overview of both applicants lot locations. (TMK's 1-4-73-:02 and 1-4-73-:03. The following excerpts were complied by the County of Hawaii Planning Department in response to Michael L. Smith's change of zone application 91-I, on 6/28/91: "BACKGROUND REPORT (page one-`Smith') The applicant, Michael Smith, is requesting a change of zone for 5.0 acres of land from an Open to an Agricultural-5 acre (A-Sa) zoned district. The property is located approximately 1 mile east of Kaimu-Kapoho Road, within the Vacationland Hawaii Subdivision, Unit II, Halekamahina, Puna, TMK: 1-4-73:02." "CHRONOLGY 1. The Vacationland Hawaii Unit II subdivision, consisting of 83+/-acre lots, was granted final subdivision approval in 1963. Subdivision approval was granted with the provisions that sidewalks and sewers need not be constructed and that roads may be constructed with anoil-treated surface. Memoranda from the Planning Director to the Planning Commission, dated September 5, and October 11, 1963, described the use of the lots as `Agriculture.' 2. At the time the State Land Use District boundaries were established in 1964, a portion of the Vacationland Hawaii subdivision, including the subject property, was placed in the State Land Use Conservation District. The remainder of the subdivision was placed in the Agricultural District. The boundary between the Agricultural and the Conservation districts was established along the southern boundary of "the Halekamahina ahupu'a, which passes through a portion of the subdivision. 3. The subject property was zoned Open in 1967 pursuant to Ordinance No. 111, which adopted the Puna District Zone Map. The boundary of the Open zoned district followed the State Land Use Conservation District boundary. 4. On February 26, 1971, the Land Use Commission approved a State Land Use district boundary amendment submitted by Vacationland Associates from the Conservation to the Agricultural District fora 24-acre area of land within the Vacationland Hawaii subdivision, including the subject property. The State Land Use Commission approved the boundary amendment based on the following findings: `1. That the Vacationland Hawaii, Unit II, subdivision, which the subject parcels are located was granted approval for recordation prior to the establishment of the State Land Use district boundaries. When the State Land Use district boundaries Were established in August of 1964, the Halekamahina land division boundary Was used to establish the line between the Agricultural and the Conservation Districts. This line bisects sections of the existing subdivision lots thereby Resulting in some lots having two State Land Use district classifications. 2. That the granting of the amended Agricultural zone would result in a more appropriate land use pattern by designating one land use description throughout the affected lots. 3. That the granting of the amended designation would not be detrimental to the existing Conservation District by removing an area necessary for the protection of watershed and water sources, scenic areas, parklands, and other uses, which are intended to uphold the concept of conservation lands. 4. That the area requested for the amendment is contiguous to an existing Agricultural area and that the proposed amendment is reasonable and justifiable to correct the two district designations presently existing on the subject pazcels." "CURRENT REQUEST (Pave three-cart 7- `Smith') 7. In support of this request, the applicant has stated: `This pazcel was originally created in an area classed "conservation" by the State Land Use Commission. In 1971 the classification was changed to Agricultural, however the County "Open" zoning, through oversight or misunderstanding, was not changed."' The above excerpts lay out cleazly the rationale for my current request for rezoning. The difference between the `Smith' property and ours is that ours has a large portion already zoned A-IA. Further support for my current rezoning application lies in excerpts from the County of Hawaii's Planning Departments Recommendations in the `Smith' rezoning request as outlined in the following opening comments and recommendations: (Title page): COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MICHAEL SMITH CHANGE OF ZONE APPLICATION 91-1 (6/28/91) ^"Upon review of the request, the Planning Director is recommending that it be given favorable consideration." (Page two Paz's.l& 2-"Smith') "The proposed change of zone is consistent with the General Plan and the State Land Use Law. A goal of the Land Use Element of the General Plan is to `Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County.' The General Plan states that `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.'," "The parcel was created in 1963 as one of 83 5+/-acre lots with the intent that it would be used for agricultural purposes. The Open zoning designation was adopted in 1967 in conformance with the newly adopted State Land Use Conservation District designation. In 1971 the State Land Use Commission (SLUG) approved an amendment of the State Land Use District boundary from Conservation to Agricultural. The SLUG determined that the amendment to an Agricultural District would result in a more appropriate land use pattern. Thus the A-1 a zoning would be consistent with the original intent in the creation of the pazcel, the General Plan designation, the State Land Use district, and with adjacent zones uses." {Page three. Par.2-`Smith' } " The proposed rezoning is consistent with goals and policies of the Agricultural element of the General Plan with states `Identify, protect and maintain important agricultural lands on the Island of Hawaii and `Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations.',"(6/28/91) C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF PROPERTY AND SURROUNDING AREA: 1. The property is located approximately 1 mile northeast of Kaimu-Kapoho Road (Highway, 137), within the Vacationland Hawaii Subdivision, Unit II, Halekamahina, Puna, TMK:1-4-73:03 2. The property is located approximately 1,300 feet west of the ocean. 3. The property lot is irregular in shape but roughly rectangular. 4. The property has never been developed and is in its natural state, that being A'a mounds and plates of various sizes with ups and downs throughout, varying in height difference of up to 15 feet. There is a general covering of Ohia trees, ferns and shrubs make up the ground cover. The soil is very thin or absent altogether. 5. The average annual rainfall is 60 to 80 inches. 6. The property is within the lava Hazazd Zone #1, the highest rating. 7. The Agricultural Lands of Importance for the State of Hawaii designation is "Other Important Agricultural Land" 8. The U.S.D.A. Natural Resources Conservation Services Soil Service Report types the soil as "Malama extremely stony muck (rMAD). 9. The Land Study Bureau soil rating is "E", or very poor. 10. The Flood Insurance Rate Map designation is "Zone X, outside the 500- year flood plan. 11. The existing drainage ways aze `Natural'. 12. The Air/noise and water quality aze all excellent'. 13. There aze no documented archaeological, cultural or historic sites on the National Register or the Hawaii Register for the property. 14. There are no scenic or coastal resources on the property. 15. The social settlement pattern for the area ranges from small orchard/orchid farms to residential. The lands immediately surrounding the subject property aze zoned Agriculture and contain a family residence. The lands is general beyond are as follows: To the northeast lies Kapoho Beach Lots subdivision,(zoned RS-10). To the southeast and west lies the bulk of the Vacationland Hawaii Subdivision containing approximately 781ots about 5 acres each, both residential and agricultural (zoned AG). To the North/Northwest lies the 19601ava flow and Cape Kumukahi. 16. The economic resources of the azea are orchards and orchid farms, a fruit drying business and miscellaneous other. 17. The land values presently range from $40,000 to $80,000 for vacant ]ands and upwards for developed portions. D. PUBLIC FACILITIES AND SERVICE: ] . Access to the property is from the private Kapoho $each Lots road via a 2,600-foot length of unimproved (cindered) private roadway within a 40 foot right of way. 2. County water is available, our service number is:07029400. 3. Sewage disposal for the area is septic. 4. Solid waste goes to the Pahoa Transfer Station. 5. Police and Fire protection is located at Pahoa (10 miles west). 6. The nearest school is in Pahoa. 7. The nearest Parks are Isaac Hale Beach Park at 5 miles and Lava Tree state Monument Park at 7 miles. 8. As stated before, there are both telephone and electric lines bordering the subject property. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The property is undeveloped, yet is a part of an Agricultural District and residential community, but is locked out of being an integral component within this community by what appeazs to be a simple mistake of past zoning mismanagement. 2. The property was originally intended to be used for agricultural endeavors, and as years went by, a rural residential community also grew into the azea. The subject pazcel of land would create no ill harm to the immediate or surrounding environment if it were re-zoned to Agricultural and had a family home on it. In fact it may enhance the integrity of the surrounding environment, (and the Agricultural component of the General Use Plan), by putting this subdivision lot back into the community. 3. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 4. Removing this pazcel from an Open zoning class would not in any way jeopardize the original intent of the formation of that classification. 5. No rare or threatened or endangered species aze present on the property. 6. I have no alternatives to the proposed development. 7. There are no unique or natural resources that would be lost if the proposed action were implemented. We submit that this proposed rezoning fits well with this definition, as well as the intent and needs of the State, County, community and ourselves. Thank you for considering our application, Rosemarie Nathewitch and Samuel Hostetter,Jr. 3-1-4-2-3 3-1-4-2-42 3-1-4-73-1 KAPOHO LAND & DEV CO., LTD JAMES KUWAYE DAVID MURRISH PO BOX 374 203 KILAUEA AVE 4240 EMERSON PLACE HILO, HI 96720 HILO, HI 96720 VESTAL, NY 13850 3-1-4-73-2 3-1-4-73-4 3-1.4-73-5 MICHAEL SMITH WADE RHEIN VIRGINIA HAYES PO BOX 1568 PO BOX 1217 PO BOX 1352 PAHOA, HI 96778 PAHOA, HI 96778 MERCER ISLAND, WA 98040 3-1-4-73-6 3-1-4-73-16 3-1-4-73-17 PETER YOES MITCHELL FENN DONALD DORAN RR 2 BOX 3955 PO BOX 2467 PO BOX 1674 PAHOA, HI 96778 KEAAU, HI 96749 PAHOA, HI 96778 3-1-4-73-18 3-1-4-73-19 LEIGH HILBERT CHRISTOPHER RAND PO BOX 1073 RR 2 BOX 3904 PAHOA, HI 96778 PAHOA, HI 96778 Harry Kim J~.r or w William Takaba Ma or Finance Director Y •:.y. y ~ • rir~oi~M''M i~ j t. ~ County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX 865 Piilani Street Hilo, Hawaii 96720-4679 Fax (808) 961-8415 Appraisers (808) 961-8314 Clerical (808) 961-8201 Collections (808) 961-8282 75-5706 Kuakini highway Suite 112 Kailua-Kona, Hawaii 96740 Fax (808) 327-3538 Appraisers (808) 327-3542 Clerical (80R) 327-3540 REAL PROPERTY TAX CLEARANCE Date: APRIL 19, 2002 TMK (3) 1-4-073-003-0000. This is to certify that BENOA ENTERPRISES CORP. (Owner-of-record) has paid their real property taxes for the tax period as indicated below. Therefore, there are no taxes owing the County of Hawaii for the above-referenced parcel(s). Effective till JUNE 30. 2002. This property tax clearance was requested by Samuel Hostetter Jr. and Rose Marie Nathewitch for the County Planning Dept use for this (these) parcels only. Reference: TX09 By ~ 'C~~1G4i'~.~' M. DeVincent, Collections Dept REAL PROPERTY TAX DIVISION . ~r r ~1 y 2~ ' o 'S o ~ ~ d ~ ~ = e Ks..p O a O , ~ •'s ~ Jl~r••' O,. ,(~:.^J,/,O lti~~ 1! -y nL~,° I1 ~ ~ ~ ~~1.r . ~ r ,f:;.+ a ,:n` 4 O ~1~ 'J` ~ J Q~ Y .r~ n .~i~ e~. 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V . e.,...~...,a- 7~ ^ ~ Qy P ~ N u+ ~ 1 'ri" m O ` J y~ ~5. ~ gym,, ?G6~}' orQ,~ t '~`o e^%, Q H. 1~alar-r,a A p - ~ ~ y 9 ~~5 y h ~ ~p - ~ ~ ~ ~ ~ '-:Cow Gg, 5' ~,~.~Ly• -2 ~~~b ~sY°F ; lei ~ ~ ° f 1r yy~y,/l % . a.? , y~ n;~ ~ -h e , 's~ +M ~ - t , ~ ' B 92~. 73 - ~ 1'~ 622~~ i ~ ~Yi 260~57~~ y~,~~ ~ 0 3 GS' m'~; ;0o a o k °i. a ii ^li r' 1 ~ ~t ~ - yl 4 ~<x n/~ ~N O r ~s. ~g9 0~ Wi9 p~ _ ~ u+ .i _ _ ~ ~ S. ~~l.` ~2 Fos 0o y~ , /t-/~/ o ' ko ~ ZZ u 92'f `r ~ ~ o k, S~aP % Z - o loZdoo y~ `J' ~ go~~t 2 2~G 5~0 ~G~, ~ j~l _ 5 ~ ~ J~ ,N p0 ~ ~ ~ i'" ~Q~. r- ~ 0 A~~ ~ ~N Q0~ 2%Z~d ~ ~ r YJ'2 nG6~^ ~ ' L, Yw A ~ ~ ~ ~A1^' ~ ~ ~ ( ~ ~ I i~ ~ ~ ~ ~ ~ ~ L~ ~ r~ ~ a~ 77 ~ / ~ h i. a4 i., _ 2 " 1 ~ r.r~) ~ ~o D ~ _ ~ Jr 11 ° I .1~_ `_-60-- ~ ~ n ~ ri; EOq ,1.~ =ere===camsaJ 4 i~~ M ~1 ~ 1 n u O 1 7 ii ii l ~ I v aP~~' „ „ 1 / ~ u II ` `r ~ o ~ n n. • ~ _JL___. ~.___J4______ =.c..=_ ____~r__ i . ~r--- ~ ~ 1 II a o d o - , ii l`~ ~ I _ / s~ o' „s . a \ Nc _ ~ • t / yy~ ^j. nr ~ a ' ~r• I v J 1 „r Z a~a~ O - n n.. M"rY R= .d +uw„rria!~~~p.~a~a' Rr.e> ' i.{ rA tn` - ~ ~~~Y1 4 . ~.3i ~7 tk, Y.1 g~ i c ~ ~ ~ ~ 1. YY'Wi'w~.. _ 1 - DESCRIPTION LOT 57 Vacationland Hawaii, Unit II, File Plan 920 All of that certain parcel of land situated at Halekamahina and Kapoho, Puna, Island of Hawaii, Hawaii Being portions of R. P. 4497 and L. P. 8177, L. C. Aw. 8559 Apana 5 to C. Kanaina and R. P. 7483 L. C. Aw. 4452 Apana 2 to H. Kalama Beginning at the Northwest comer of this parcel of land, being also the Southwest corner of Lot 58 and on the Easterly side of Roadway Lot 84, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 3,052.53 feet North and 6,681.80 feet East and running by azimuths measured clockwise from True South: 1. 260° 57' 407.04 feet along Lot 58 of Vacationland Hawaii Unit II, File Plan 920; 2. 10° 00' 759.06 feet along the remainders of R. P. 7483, L. C. Aw. 4452 Apana 2 to H. Kalama and R. P. 4497 and L. P. 8177, L. C. Aw. 8559 Apana 5 to C. Kanaina; 3. 132° 02' 502.15 feet along Lot 56 of Vacationland Hawaii, Unit II, File Plan 920; Thence along the Easterly side of Roadway Lot 84 of Vacationland Hawaii, Unit II, File Plan 920 on a curve to the leR with a radius of 420.00 feet, the chord azimuth and distance being; 4. 196° 29' 30" 362.18 feet to the point of beginning and containing an azea of 5.006 Acres, BOO 6 AU more or less. 9 OAP' LICENSED fi~~p Description Prepared by: ~ PROFESSIONAL LAND SURVEYOR ~4 ~ i * No. 7564 ~ (l~jC,J?~~'a' Q" RO ALDO B. AU ~ LIO y~~'A~~,j Licer sed Professional Land Surveyor Certificate Number 7564 Hilo, Hawaii, Apri129, 2002 TMK: 3"d Div. 1-4-73: 03 i Lor 58 ~ TMK: 1-4-73: 02 pipet set ~ 2bOo pipe fnd. Z O ..r ~ ~ p~ li / (A = /.5 AcsJ Z ~ w ~ry' ~ N _ GOUNTY ZZONED._O P E N . ___1 LOT 57 ~ /~w ~ = ~.oo~ Acs. o" ~ / v I ; pipe fnd. P{ 9 ~ 0 a /Y A A, ~ ~ :o ~?mss SKETGH MAP SHOYY(NG LOT 57 OF YAG.4TIONLAND Ht~W/}11, UN1T 11 PILE PLAN 420 517VATED AT KAPOHO, PUNA, HAWA!l pipe fnd. TMK: (3J 1-4-73: 03 m13 work was prepared by Pay ~ qU,9~ me or under my supervlalon. ~2 ~ ¢ UYO wlrErall O y Na 7584 ~ LIc need Profesai al Land Survoyor /y too so o too zoo Ge fflcato Number 564 '911, SCAL£~ IN FEET ~"~"~Y-0B-2002 89:24 AM HOSTETTER BP t 1094 P. 01 (~,~-~e~~, o ~ ~ ~ i Lee~J ~~G~'?'~ ROSe. Yn a njs4T~'C~UJ 1~1 eJb ..S~Fm I~Os ~e }tee( S~b~~-+: 1~mK C~) I-o~- 73: 03, L.of 5'7 ,Q VRc~ io J~~ ~.avJa.`i U,A7~k'?~~ Fete./ ~a?.7 9,~a (LwPoHd, P~?~a.,..~'sLr~aAo.~ I~~~~'~~~, ~I~raa'~i Q,a~l -~'u r ~lt+e ~ ? ~ Fn rn~ a o a nJCeDc~ ~ I,ews~ Grp LL 45 , " `32(0- ~~F~~ . I hAak~oa, ~o+'~.~ Rf~y~S, I ~1(;1,u~~ a9 C o%~ She~ef MRY-08-2002 09:24 RM HOSTETTER B0 l 1094 P. 02 BS/B, .z ~fu6 = n0B 9i7 7U1 e P i.B1 Lor s6 rr~n:~ r-~-ya, os ~ .a4 '°~°rdrep°"i pry I o m a OIa Ind, n a Z t a H. K b ~~r`~ ~ 1. C. A.w, 445 2. Apa 2 h R• P' 7 4 ®3 ' ~ 1?Y.iO Cr roRT/ON "r1" W „a75P ' ?,0?a•04 N a t-~ a, r4 ~p F- .~raGv 3~ 15 / ao3• Lor a7 . / a4o.a~t A •3.006 AGa. C, Kanolna 4 P tl r 4. C. /,,w. B 3 5 A p o n a 3 t o j ?nd NIOIlTION `D" (~1 ¦ O.ibl AerrJ D ~ a o ro,~r s f ~ <o„ ~ ~fcercr+ M~r• aNOrrlNo LOT S7 Of Vi~GATIONLAND N/IWAII, UNl7 PILE PLAN ~IZO BITUATPD Ar KAPONO, PUNA, N14YWll pla m , TMK, f!J! I-4-'10 09 fiU wdrk war+ pr~pewd by fIID a VfldK fly f?I~KVl~lafl. } r 4~~ 1. ?rrrd rWOI atonal Land lSurvayor ~ w~.~ loo o t : o GK Illcato PN.mar 7564 1 2002 p7Ry-p6-2002 08:45 RM HOSTETTER - 8F l 1094 P. 03 DESCRIPTIAN LOT 37 (Portion A) Vacationland Hawaii, Unit II, File Plan 920 All of that certain parcel of ]and situated at Halekamahina and Kapoho, Puna, Island ofHswati, Hawaii Going a portion of R, P. 7483, L. C. Aw, 4452 Apana 2 to H, Kalama Beginning at the Northwest corner of this parcel of land, being also the Southwest corner of Lot 58 and on the Easterly lido of Roadway Lot 84, the coordinates of acid point of beginning roferred to ftovemment Survey Trlangulatlon Sution "KAPOFIO" being 3,052.33 feet Noah and 6,681,80 foot Fast and running by azimuths meeataed clockwise from True South: 1. 260° 37' 407,04 feet along Lot 38 of Vacadonland Hawaii Unit 7I, Pilo Plan 920; 2. 10° 00' 230.00 feet along the remainder R, P. 7483, L. C. Aw, 4452 Apana 2 to H. Kalama; 3. 93° OS' 363,13 feet along the remainder of Lot 37 of Vacationland Hawaii, Unit II, File Plan 920 and along L. P. 8177, L. C Aw, 8359 Apana S to C, Kanaina; Thettce along the Easterly lido of Roadway Lot 84 of Vacationlead Hawaii, Unit II, Fila Plan 920 on a curve to the left with a radius of 420,00 feet, the chord azimuth and distance being; 4, 179° S 1' OT' 129, 98 feet W tho point of beginning and containing an area of 1.345 Acres, more or o a. 4v less. 9~, WCEN8ED Gp Descr,ptieit Preparod by: ~ paoi~aalDNAI, tANDaURV6YDR * /1 , ~ No, 766 J,ItiJ/.~`a'.. by 5p' R NAL1D0 B AURELIO I'1'All, V• Li eased Professional Land Surveyor Certificate Number 7364 Hilo, Hawaii, May 4, 2002 TMK; 3b Div. 1.4.73: 03 Portion i MR"-06-2002 08:45 RM 'OSTETTER - j1 1094 P_02 DESCRIPTIpN LOT S7 (Portion B) Vacationland Hawaii, Unit II, Pile Plan 920 All of that certain parcel of land situated at Hslekamahina and Kapoho, Puna, Island of Hawaii, Hawaii Being a portion of L. P. 8177, L. C. Aw. 8539 Apana S to C. Kanaina Beginning at the Northwest corner of this parcel of land on the Easterly side of Roadway Lot 84, the coordinates of said point of boginning referred to Government Survoy Triangulation Station "ICAPOHO" being 2,922.54 foot North and 6,682.14 feet East and running by azimuths measured elockwiae from True South: 1. 275° 08' 363.15 feet along the remainder of Lot 57 of Vacationland Hawaii Unit II, Pile Pla» 920 and along R. P. 7483 L. C. Aw. 4452 Agana 2 to H. Kalama; 2. 10° 00' 129.06 feet along the remainder of L. P. 81'77, L. C. Aw. 8559 Apam S to C. Ksnaina; 3. 132° 02' 502. I S feet along Lot 56 of Vacationland Hawaii, Unit II, Filo Plan 920; Thencc along the Easterly side of Roadway Lot 84 of Vacationland Hawaii, Unit Il, File Plan 920 on a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being; 4, 205° 23' 37" 240.54 feet to the point of beginning and containing an area of 3.461 Acres, more or less. ~,0~ 9, qV9~ Descryption Prepared by: uceNaeD ~ ~ PROFES810NA4 ~ UND aURVEYOR * No. 7aa~ * ~ ~ ~ R NALIJO B. URELIO tigWq p, ~ 5~ Li need Prokssronal Land Surveyor Certificate Number 7564 Hilo, Hawaii, May 4, 2002 '1'A,fY~ 911:.. 1_d_79. ne n_..:__