HomeMy WebLinkAboutCOM 0059.000 2002-2004 MSV Or N,
Harry Kim .1'.''•;~~' ~ ''~!o Dixie Kaetsu
Mnyar Mrsnnging Direclor
Peter T. Young
h of ~M'~ Deputy Mnrtrsging Direelor
County of Hawaii
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) 32G5663
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
State Land Use Boundary Amendment Application (SLU 02-005)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-12)
Request: Agricultural (A-20a) to Residential (RA-la)
Applicants: Karl and Rita Nobriga
Tax Map Key: 3-5-4:77
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.
Since y,
I~arfy Kim
Mayor
Enclosures ~i i/S ~ S •2 C~
cc: Planning Department
Comm. No.
Fite No. G
Ref. To:
Ref. Date DEC 2 4 2002
ytYM it
Harry Kim
Maynr ~ •
R~Oi M~
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
'lj~y: ] 6 ~ (808) 961-8288 Fax (808) 961-8742
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 02-005)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-O12)
Request: Agricultural (A-20a) to Agricultural and Residential (RA-1 a)
Applicants: Karl and Rita Nobriga
Tax Map Key: 3-5-4:77
The Planning Commission, after a duly held public hearing on November 15, 2002, voted to
recommend for your approval the proposed legislative bills for a state land use boundary
amendment from the Agricultural to the Rural District and to change the district classification
from Agricultural (A-20a) to Residential and Agricultural (RA-la) for approximately 3.80 acres
of land. The property is located in Manowai`opae Homesteads on the south side of Hokumahoe
Road, approximately ~/z mile west (mauka) of Mamalahoa Highway, Laupahoehoe, North Hilo,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
State Land Use Boundary Amendment
The applicants are requesting a State Land Use District Boundary Amendment
from an Agricultural to a Rural district for approximately 3.80 acres of land in order to
subdivide the property into three lots, each a minimum 1 acre in size, with plans for
improvements of the additional two lots within two years. There is also a request for a
Change of Zone from an Agricultural (A-20a) to a Residential a d Agricultural (RA-1 a)
zoned district that is being processed concurrently.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The approval of the reclassification from the State Land Use Agricultural to the
Rural 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, Chapter 28 of
the Hawaii County Code, Rule 13 of the Planning Commission Rules of Practice and
Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii
Land Use Commission Rules, the following three standards shall apply when determining
an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of noC less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with the low-density residential lots; and
(3) It may also include parcels of land which are surrounded by, or contiguous to this
district, and are not suited to low-density residential uses for small farm or
agricultural uses.
The subject property and immediate surrounding lands include dwellings and
limited agricultural uses. The adjacent parcels makai and parcels mauka and across
Hokumahoe Road are zoned Agricultural (A-20a) and located within the State's
Agricultural district. However, 140 feet makai of the property are parcels zoned Single
Family Residential (RS-15) and also Village Commercial (CV-10) towards MSmalahoa
Highway, all located within the State's Urban district. An adjacent makai parcel is
encumbered with atwo-unit Condominium Property Regime.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
Permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All agricultural related uses
permitted under section 15-15-25 relating to agricultural uses; (2) Low-density
residential lots of not more than one dwelling house per one-half acre, except as provided
by County ordinance pursuant to Section 46-4(c), HRS. The commission for good cause
may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an
equivalent residential density, provided all other lots in the subdivision have the
minimum lot size of one-half acre. A petition for variance may be processed under the
special permit procedure pursuant to subchapter 12. This exception shall apply to lots of
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
record existing prior to January 1, 1977, and of not more than two acres. There shall be
no more than one single-family dwelling per one-half acre, except as maybe provided for
in this section."
The proposed boundary amendment is for similazresfdential-agricultural uses that
are compatible to the Rural designation. The applicants have stated that the 3.80 acres
will be subdivided into three residential/agricultural lots, each with minimum one acre in
size. The two resultant lots will be for their sons. Thus, the requested boundary
amendment would be in the direction of fulfilling the permissible uses of the rural
designation.
The proposed Rural boundary amendment request would be consistent with the
Land Use Element of the General Plan. Land use is one of the principal focal points of
public concern and policy. The Land Use Element provides the primary basis for direct
control and guidance of publicly and privately owned resources. It is also intended to be
used as a policy guide for the coordinated growth and development of all sectors of the
County. It sets forth goals, policies, standazds and courses of action to accommodate
growth without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use and
Agriculture goals, policies and standards aze set forth to physically plan the lands in the
County in the best interest of the island's residents. These state the following:
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.
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Promote and encourage the rehabilitation and use of urban and rural areas which
are serviced by basic community facilities and utilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed Rural boundary amendment request would also complement the following
goals, policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
HOUSING
• 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 which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
SINGLE-FAMILY RESIDENTIAL
• To maximize choices ofsingle-family residential lots and/or housing for residents
of the County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
• To ensure compatible uses within and adjacent to single-family residential zoned
areas.
• Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio-economic housing mix and to permit aesthetic balance
between single-family residential structures and open spaces.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The proposed Rural boundary request also conforms to the Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area Urban Expansion. This
designation 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 desirable, but where the
specific settlement pattern and mix of uses have not yet been determined. Neighboring
properties are a mix ofresidential-agricultural uses. An adjacent makai parcel is
encumbered with atwo-unit Condominium Property Regime. The Rural designation
would allow for smaller lots that are not bound by the Agricultural District requirements
for farm dwellings. "i'he area reflects the transitional nature from sugar cane cultivation to
residential/agricultural uses. Lands mauka of the subject property along Hokumahoe
Road are approximately 3 to 40 acres in size and in Agricultural zoning designations. At
this time, it is believed that the Rural designation would be more appropriate than an
Urban designation. It is therefore determined that the request is consistent with the rural,
low-density form depicted on the LUPAG Map for this area of North Hilo. Based on the
above findings, including the General Plan's goals and policies, the granting of the Rural
boundary amendment would complement and implement the General Plan.
All utilities and services are available to the property which are essential to
accommodate rural development. Access from the Mamalahoa Highway to the project
site is via the HokumShoe Road. It is in good condition, with a pavement width of 16
feet within a 30-foot right-of--way.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
According to the Department of Water Supply records, the existing parcel does
not have water service. However, water can be made available from an existing 6-inch
waterline along HokumShoe Road. Therefore, they do not object to the ultimate 3-lot
subdivision. According to the Department of Health, the property is situated within the
Non-Critical Wastewater Disposal Area where cesspools are allowed under the current
rules. Police and Fire facilities are located approximately one mile from the subject
property. All other essential utilities and services are available to the site.
The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
designates the property as Zone X, an azea determined to be outside of the 500-year flood
plain. The property is designated Prime Agricultural Lands by the Agricultural Lands of
Importance to the State of Hawaii (ALISH) System. Soils within the property and
surrounding area is classified as "G" or "Fair" for agricultural productivity by the Land
Study Bureau. The adjacent makai parcels, and parcels mauka and across Hokumahoe
Road are all zoned Agricultural (A-20a) and located within the State's Agricultural
district. However, 140 feet makai of the property are parcels zoned Single Family
Residential (RS-l5), with some Village Commercial (CV-10) towards the Mamalahoa
Highway, and all located within the State's Urban district. These lands are primarily in
residential-agricultural use.
Furthermore, a Rural classification would complement the existing and immediate
future residential-agricultural land use patterns of the surrounding properties.
Finally, it should be noted that the reclassification action would also conforn~ to
the following goals, objectives and/or policies articulated in the Hawaii State Plan
relating to Socio-cultural advancement -Housing objectives and policies:
(a) Planning for the State's Socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) 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.
(2) The orderly development of residential areas sensitive to community needs
and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(5) 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.
(6) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment to the Rural
District complements the State Land Use Regulations and is supportive of the State of Hawaii
Plan and the County of Hawaii General Plan.
Change of Zone
The applicants are requesting a Change of Zone from an Agricultural (A-20a) to a
Residential and Agricultural (RA-la) zoned district for approximately 3.80 acres of land
in order to subdivide the property into three lots, each a minimum 1 acre in size, with
plans for improvements of the additional two lots within two years. There is also a
request for a State Land Use District Boundary Amendment from an Agricultural to a
Rural district that is concurrently being processed for the 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
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 Change of Zone request from Agricultural-20 acres (A-20a) to Residential
and Agricultural-1 acre (RA-I a) zoned district will conform to the following goals,
policies and standards of the General Plan Land Use, Housing and Single-Family
Residential Elements. Land use is one of the principal focal points of public concern and
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
policy. The Land Use Element provides the primary basis for direct control and guidance
of publicly and privately owned resources. It is also intended to be used as a policy guide
for the coordinated growth and development of all sectors of the County. It sets forth
goals, policies, standards and courses of action to accommodate growth without
congestion, to designate and preserve the lands needed for residential use, commercial
and visitor services, industry, agriculture and open space, and to coordinate these uses
with the County's service and circulation systems. The overall Land Use and Agriculture
goals, policies and standards are set forth to physically plan the lands in the County in the
best interest of the island's residents. These state the following:
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.
• 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.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed change of zone request would also complement the following goals,
policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
HOUSING
• 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
STNC,LE-FAMILY RESIDENTIAL
• 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 incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio-economic housing mix and to permit aesthetic balance
between single-family residential structures and open spaces.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
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 RA-la conforms
to the LUPAG Map which designates the project site and its surrounding area for Urban
Expansion uses. This designation 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. Neighboring properties are a mix of residential and agricultural activities.
An adjacent makai parcel is encumbered with atwo-unit Condominium Property Regime.
With a minimum lot size of one acre, the requested change of zone would still provide for
an adequate parcel size that would allow for the continuation of existing residential-
agricultural uses. 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 for this area of North Hilo. The
applicants are concurrently applying for a State Land Use Boundary Amendment from
Agricultural to Rural, which is also in conformance with the Urban Expansion
designation.
The project site is located within the Laupahoehoe Rural Design Plan's "Limits of
Recommended Urban Expansion Area" and the Hamakua Regional Plan's Subzone 1
which is characterized by a mix of agricultural densities at the A-1, A-3 and A-5 levels.
Therefore, it is determined that the request is consistent with other land use planning
documents for this area of North Hilo.
Should the County Council approve the applicants' request for a State Land Use
Rural District and the request for a Residential and Agricultural (RA-la) zoned district,
the applicants 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 Co be
subdivided and subsequently, allow the applicants 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 for athree-lot subdivision with one home on each lot, the potential to allow for an
additional five (5) 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
The property was previously utilized for sugar cane cultivation. There is an
existing dwelling situated neaz the front portion of the pazcel. The undeveloped portion
currently is a goat pasture and location for a pigpen. The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
X, an area determined to be outside of the 500-year flood plain. The property is
considered Prime Agricultural Lands by the Agricultural Lands of Importance to the State
of Hawaii (ALISH) System. Soils within the property and surrounding area is classified
as "C" or "Fair" for agricultural productivity by the Land Study Bureau. While the
potential for intensive and/or extensive agricultural uses may exist, the soil conditions
within the property and surrounding area would preclude such intensive agricultural
activities from being conducted without a significant amount of effort. A smaller parcel
size may provide for increased opportunities for some agricultural activities to he
conducted upon these types of soils.
The adjacent parcels to the immediate makai, and surrounding lands mauka and
across Hokumahoe Road are all zoned Agricultural (A-20a) and located within the State's
Agricultural district. However, further east towazds Mamalahoa Highway, these lands are
zoned Single Family Residential (RS-15) and Village Commercial (CV-10) and located
within the State's Urban district. These lands are primarily in residential-agricultural use.
The requested RA designation provides for activities or uses chazacterized by low density
residential lots in rural azeas where "city-like" concentrations of people, structures,
streets, and urban level of services are absent, and where small farms are intermixed with
low density residential lots. The RA district is intended to be only within areas
designated as State Land Use Rural or Urban district. In this particular area, along
Hokumahoe Road and further mauka, parcels are zoned Agricultural and range in size
from approximately 3 to 40 acres. It is relatively rural in nature and a rural designation
would be an appropriate transitional designation. Approximately 140 feet makai of the
property is a residential zoned area within the Urban district. Therefore, a favorable
recommendation of this change of zone request as RA-1 a would be consistent with the
existing land use pattern established within this portion ofNorth Hilo.
All utilities and services are available to the site. Access from the Mamalahoa
Highway to the project site is via the Hokumahoe Road. It is in good condition, with a
pavement width of 16 feet within a 30 foot right-of--way. Since the creation of two
additional homesites would place an additional traffic burden on the Mamalahoa
Highway, conditions of approval have been included to ensure thaC the requested
improvements be planned for either through a Federal transportation program or through
the fair share contribution towazds roads.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 12
According to the Department of Water Supply records, the existing parcel does
not have water service. However, water can be made available from an existing 6-inch
waterline along HokumShoe Road. Therefore, they do not object to the ultimate 3-lot
subdivision. According to the Department of Health, the property is situated within the
Non-Critical Wastewater Disposal Area where cesspools are allowed under the current
rules. Police and Fire facilities are located approximately one mile from the subject
property. All other essential utilities and services are available to the site.
The subject development is not contrary to Chapter 205A, Hawaii Revised
Statutes, relating to Coastal Zone Management Area. The property is approximately
mile from the coastline. The proposed development will not adversely impact
recreational resources, including access to and along the shoreline or to mountain areas,
scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and
marine ecosystems.
Finally, because the property and surrounding areas have been previously used for
the cultivation of sugar cane and extensively altered with agricultural/urban development,
it is not anticipated that endangered or threatened candidate species of flora or fauna are
located within the subject property, nor has the area been identified as a significant
botanical or biological habitat. Further, as no valued cultural, historical or native
resources nor any traditional and customary native Hawaiian rights were practiced in the
area, it is also not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area.
Based on the above findings, approval of the Change of Zone request from
Agricultural - 20 acres (A-20a) to Residential and Agricultural - 1 acre (RA-la) zoned
district would result in an appropriate land use pattern that will further benefit the public.
For your favorable consideration, amendments to the State Land Use Boundaries Map H-59 for
the County of Hawaii and Section 25-8-19, the North Hilo District Zone Map, of the County
Zoning Code are transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 13
We are enclosing a copy of the staff background for your information.
Sincerely,
P `J r
~~l~c~[_ GZ 7 ~ l~
Geraldine M. Giffin, Chairman
Planning Commission
Lnobriga02pc
Enclosures
cc: Mr. Karl Nobriga
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources
Brian Minaai, Director/DOT-Highways, Honolulu
ANobrigaRezSLUOI e[i 8/5/02
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KARL AND RITA NOBRIGA
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-005)
CHANGE OF ZONE APPLICATION (REZ 02-012)
KARL AND RITA NOBRIGA have submitted applications for a State Land Use
Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the
district classification from Agricultural (A-20a) to Residential and Agricultural
(RA-la) for approximately 3.80 acres of land. The property is located in Manowai`opae
Homesteads on the south side of Hokumahoe Road, approximately''/z mile west (mauka) of the
MSmalahoa Highway, LaupShoehoe, North Hilo, Hawaii, TMK: 3-5-4:77.
GENERAL INFORMATION
1. Land Ownership: Karl and Rita Nobriga are the owners of the subject property. All
landowners have signed the application forms for the subject requests.
PROPOSED DEVELOPMENT
2. Request: The applicants are requesting a State Land Use District Boundary Amendment
from an Agricultural to a Rural district and a Change of Zone from an Agricultural (A-
20a) to a Residential and Agricultural (RA-la) zoned district for approximately 3.80
acres of land. The applicants propose to subdivide the property into three lots, each with
a minimum 1 acre in size. There is an existing dwelling on the property constructed in
1975. Within two years, the applicants intend to improve the additional lots for their
sons.
3. Supportive Information: The applicant has submitted the following in support of the
request: (See Exhibit A -State Land Use Boundary Amendment and Change of
Zone Applications)
STATE AND COUNTY PLANS
4. State Land Use District: Agricultural.
5. Hawaii State Plan Consistency: Socio-Cultural Advancement (Housing) objectives and
policies.
I ~~',~E)1~~~
6. General Plan Consistency: Goals, policies and courses of action of the Land Use,
Agriculture, Residential, and Housing Elements for North Hilo.
7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Urban Expansion,
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.
8. Laupahoehoe Rural Design Plan: The project site is located within the designed
"Limits of Recommended Urban Expansion Area" of the Laupahoehoe Rural Design
Plan, adpoted by the County Council by Ordinance No. 444 in June 1979.
9. Northeast Hawaii Community Development Plan: The project site is located outside
of the study boundaries of the Northeast Hawaii CDP, adopted by the County Council by
Ordinance No. 445 in June 1979.
10. Hamakua Regional Plan: The project site is located within a planning subzone
(subzone 1) of the Hamakua Regional Plan, which was adopted by the County Council
by Resolution No. 244-90 on November 8, 1990. The Plan proposes a mix of agricultural
densities at the Ag-1, Ag-3 and Ag-5 levels.
1 l . County Zoning: The property is zoned A-20a.
12. SMA: The property is not situated within the Special Management Area. It is located
approximately half a mile mauka of the coastline.
13. Coastal Zone Management, HRS Chapter 205A: There is no identified recreational
resources, historic resources, scenic and open space preserves, coastal systems, coastal
hazard, marine resources or other natural and environmental resources that will be
adversely impacted.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
14. Subject Property: The subject property was originally rectangular in shape. On
December 12, 1949, Subdivision No. 228 was approved, creating a 10,000 square feet
parcel along Hokumahoe Road (TMK: 3-5-5:61), and the subject 3.80 acre parcel. This
property was used for sugar cane cultivation until 1984. Subsequently, it was used for
pasturage. There is a dwelling located near the front portion of the parcel. The
remainder of the property is currently a pasture for goats and the location of a pigpen.
The rear of the property abuts the Kuwaikahi Gulch.
2
15. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's
Agricultural/County's Agricultural (A-20a) districts and State's Urban/County's
Residential (RS-15) districts. The adjacent parcels makai, mauka and the parcel across
Hokumahoe Road are all zoned Agricultural (A-20a) and designated Agricultural.
Approximately 140 feet makai are nine lots that are zoned Single-Family Residential
(RS-15) and designated Urban. The adjacent 1.9 acre makai parcel is encumbered with
the Manowai`opae Homesteads Condominium Projects, consisting of two units, one with
a dwelling. Further towards the highway are three lots zoned Village Commercial (CV-
10) and also designated Urban. All of the parcels makai along the Hilo side of
Hokumahoe Road are primarily in residential-agricultural uses. Mauka, the next 5
parcels are also in residential-agricultural uses. The pavement of Hokum5hoe Road ends
just beyond the fifth dwelling, and a gate prevents further access onto the "paper road"
which would lead to vacant lands.
16. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The
property and surrounding area are "Prime Agricultural Lands" on the State Department of
Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map.
17. Land Study Bureau's Detailed Land Classification System: Soils within the property
and surrounding area are classified as "C" or "Fair."
18. U.S. Soil Survey: The soil is classified as Ookala silty clay loam,l2 to 20 percent slopes
(OoD). In a representative profile, the surface layer is dark reddish-brown silty clay loam
about 12 inches thick. The subsoil is dark-brown to dark yellowish-brown silty clay loam
about 43 inches thick. This is underlain by very dark grayish-brown, partly weathered Aa
lava fragments. 1t has a very strongly acid surface layer and a slightly acid to medium
acid subsoil. Permeability is moderately rapid, runoff is medium, and the erosion hazazd
is moderate. This soil is used for sugazcane.
19. FIRM: A portion of the property is located within Zone X, area determined to be outside
the 500-year flood plain.
20. Flora/Fauna Resources: According to the applicants, the subject property was used for
the cultivation of sugar cane and the area behind the dwelling is currently being used as a
pasture for goats and the location of a pigpen. The area around the residence has been
landscaped with coconut trees, plumerias, bananas and ginger. The only native mammal,
3
the Hawaiian Hoary Bat, and avian species, the Hawaiian Hawk or Newell's Shearwater
may forage or traverse the site. However, there is no suitable roosting or nesting habitat
on the subject property for these creatures. Therefore, no native fauna or rare or
endangered animals are located on the property.
21. Archaeological Rcsources: As stated earlier, due to the cultivation of sugar cane and
subsequent pasturage use, no archaeological, cultural or historic sites are known to be
located on the property. Nevertheless, a condition will be included to require the
notification of the Department of Land and Natural Resources-Historic Preservation
Division should any archaeological sites be encountered during the course of
development.
22. Cultural or Native Gathering Rights: According to the applicants, there are no valued
cultural, historical or native resources nor has any traditional and customary native
Hawaiian rights been practiced in the area.
23. Public Access: There is no public access to the mountains or the shoreline that run
through the property.
PUBLIC UTILITIES AND SERVICES
24. Roadway: Access from the Mamalahoa Highway to the project site is via the County
maintained Hokumahoe Road. It is in good condition, with a pavement width of 16 feet
within a 30-foot right-of=way.
25. Water: According to the Department of Water Supply (DWS), the existing parcel does
not have water service. However, water can be made available from an existing 6-inch
waterline along Hokumahoe Road. Therefore, DWS does not object to the ultimate 3-lot
subdivision.
26. Wastewater: The Department of Health states that the proposed lots are situated within
a Non-Critical Wastewater Disposal Area where cesspools are allowed under the current
rules.
27. Utilities: Electrical and telephone services are available to the property.
28. Police/Fire Services: "fhe nearest Police and Fire facilities are located in Laupahoehoe,
approximately one mile makai of the subject property.
4
29. Solid Waste: Solid waste will be disposed of at the Laupahoehoe Solid Waste Transfer
Station.
30. Recreational Facilities: The Scenic Lookout for and Laupahoehoe Point are both
located approximately 3 miles north of the subject property.
AGENCIES' COMMENTS
31. Department of Public Works (August 1, 2002 Memo):
"We have reviewed the subject application forwarded by your memo dated July 2, 2002
and have the following comments.
1. Any earthwork activity (grading or grubbing shall conform to Chapter 10, Erosion
& Sedimentation Control, of the Hawaii County Code.
2. Hokumahoe Road, fronting the subject property, is a County road. The new
driveway access easement (to service the future residences) together with the
existing driveway, as shown on the site plan, does not conform to Chapter 22,
Streets and Sidewalks, of the Hawaii County Code. Section 22-4.9 requires a
minimum separation of thirty feet between two driveways."
32. Police Department (July 15, 2002 Memo):
"Staff has reviewed the above-referenced applications and does not foresee any adverse
effect should they be granted."
32. Department of Health (July 8, 2002 Memo):
"The subject lots are located in aNon-Critical Wastewater Disposal Area where cesspool
are allowed under the current rules. More than one cesspool is allowed provided 10,000
sq. ft. per cesspool is available. Each cesspool can dispose of 1,000 gallons per day of
wastewater."
33. Department of Environmental Management (July 4, 2002 Memo):
Solid Waste Division: "Relating to the subject application for Change of Zone, this
division has NO comments."
34. Land Use Commission: (July 8, 2002 Letter):
"We have reviewed the subject applications forwarded by your memorandum dated July
2, 2002, and confirm that the subject parcel is designated within the State Land Use
Agricultural District.
"Given the location, scope, and nature of the proposed activity, the State Land Use
Commission defers to the judgment of the County of Hawaii in this matter. We have no
further comments to offer at this time."
5
35. Fire Department: (See Exhibit B -Memo dated July 10, 2002)
36. Department of Water Supply: (See Exhibit C -Memo dated July 15, 2002)
AGENCIES - NO RESPONSE
37. Department of Public Works, Real Property Tax Office, Department of Land and
Natural Resources, Department of Transportation, Department of Agriculture and
NR Soil Conservation.
PU$LIC COMMENTS
38. The Department has not received any written comments or objections from the
Laupahoehoe Community Association, the general public or adjacent landowners on the
subject applications.
6
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
PETITIONER: Karl & Rita Nobriga
PETITIONER'S SIGNATURES~1~--~i-:.Y,"~-~.~_ ` DATE:
ADDRESS: P.O. Box 129, Laupahoehoe, Hi 96764
PETITION'S INTEREST IF NOT OWNER: N/A
TELEPHONE:(Bus.) (8081-9375422 (Res.) (8081-962-6037 (Fax) (808)-962-0502
LANDOWNER(S): Karl & Rita Nobriga
LANllOWNER SIGNATURE(S): ig.,.,~.~--~~~ ~ ~ :f ~ ~ DATE:
(May be letter') `
- ADDRESS: P.O. Box 129, Laupahoehoe, Hi 96764
TAX MAP KEY: 3-5-04-77
STREET ADDRESS OF PROPERTY: 35-155 Hokumahoe Rd Laupahoehoe, Hi 96764
ZONE: A-20a SIZE OF PROPERTY: 3.83 Acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: A-20-a
~~au~ K. a
REQUESTED STATE LAND USE llISTRICT CLASSIFICATION:
AGENT:
ORIGINAL: County Planning Department COPIES: County Plannin Department
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: Karl & Rita Nobri2a
,y,.-
APPLICANT'S SIGNATURE:1'---~ i°-~` ~~t'' DATE:
ADDRESS: P.O. Box 129, Laupahoehoe, Hi 96764
LIST APPLICANT'S INTEREST IF NOT OWNER: N/A
LIST PRINCIPLE(S) INCLUDING NAMES OF MAIN OFFICERS: N/A
PHONE(Bus): (808)-937-5422 (Res): (8081-962-6037 (Fax): (8081-962-0502
LANDOWNER(S): Karl & Rita Nobriga
;J
LANnnwniER'S SIGNATURE(S):Jl.,~t w~..:fE......~~t- i-~'~~.~ ,"r,_~~~.~ DATE:4~. ~ ".s, >
(May be by leuell
LANDOWNER'S ADDRESS: 35-155 Hokumahoe Rd, Lauaahoehoe, Hi96764
REQUEST: A-20a TO: -RmRF IZP~-10.
(Existing) (Proposed Zoning)
TAX MAP KEY: 3-5-04-77
STREET ADDRESS OF PROPERTY: 35-155 Hokumahoe Rd. Laupahoehoe.Hi 96764
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.83 Acres
Please indicate to whom original correspondence and copies should be sent
ORIGINAL: County Planning Department COPIES: County Planning Department
EXHIBIT
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
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? 3•S 3
b. Into what lot sizes? ~ h~-rc.
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? ~'ce a yyLS.
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 ~ 5~00o w
Total 1101\
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? ~-rv a..{v~S,
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. Se11 or lease the land to someone who has firm plans?
b. Se11 or lease the land to someone who has tentative plans?
c. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
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
will alleviate the local housing situation? \I~ `
How? 1..~oas,.~y ~•5 Sc..~c.E
l S ~u LnL.:
~'~Wa S.s•..5 W.l\ \q~. A<Gs~4oDL'T t9 ~-v.~ \~~,e w,k ~w.EG .
4. Are there any buildings on the subject area?
If so, what kind? ~ (3a~~,tuw. ~~-J6\\.ry
What do you intend to do with those buildings if your request is
approved? ~o~Sc `--J '
~Z_1N~-4...~
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? _ ~p
If so, did your plan include the following considerations? ~J`
a. Commodity to be produced?
What kinds of commodity?
b. Suitablility of the proposed lot-size for that commodity? ~ p
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture? ~\R
-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? N\~
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 T
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? ~ NO
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements? KD
If so, what kind?
Is the road adequate for the proposed traffic volume or load? bi
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
c. Sewer
d. Drainage
-3-
Yes No
e. Police Protection ~
f. Fire Protection ?
g. Recreational Facilities
h. Public Utilities ?
i. Other /
For those checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
i
i
Signature: a. z " ~
Address: ~ _ ~ _ . - ~ -
~ ` ~ ~4
Telephone: A° ~ ~
Date: ~
-4-
Background and County Environmental Report
(Attachment to Change of Zone, Project District, and
Agriculture Project District Applications)
SUBJECT REQUEST
Project Description: Change of zone iq.A 20a to Rurai- ~ ~ t ~
Statement of objective and reason for the request: To accommodate
livable homes for my two sons.
Number of acres/sweet: 3.83
Proposed units/lots/floor area of proposed building envelope: 1 acre lots
Time frame and cost: Once approvals are done
Membership size/number of employees and clientele: N/A
.Parking arrangement: No anticipated problems
Traffic Impacts: None foreseeable.
Proposed on-site and off-site infrastructure: Easment
BACKGROUND AND COUNTY ENVIRONMENTAL REPORT
(Attachment to Change of Zone, Project District. and agricultural
Project District Applications)
CONFORMANCE WITH STATE/COUNTY PLANS
State Land use designation: Agriculture
How the proposed use is no[ contrary to Chapter 205A, Coastal Zone Management
(Existing public access, scenic or open space resources, coastal view planes, and
coastal ecosystems): There are no public accesses, and no valued Historic
Cultures. Ocean is approximately 1,300 away from proposed site.
Applicable goals/policies and objectives of the General Plan: I believe the change of
Zone action would conform to greater opportunities for my family's needs,
where as to secure a reasonably priced, safe, livable home located in an
environment that satisfactorily accommodate the needs of my family.
General Plan designation: Low Density
Zoning: A-20a
Community Development plan: No plans anticipated
Special Management Area: The property is not within the SMA area.
PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETT[NG OF THE PROPERTY
AND SURROUNDING AREA
Description of subject property: The property line abut Kuwaikahi gulch, frontage
Hokumahoe Rd. This property belonged to Lucy Nobriga and was bought in 1950
by my grand parents, who in turn sold it to my father in 1950, which I inherited
later. The use of the property was for sugar cane cultivation until 1984, then it was
primarily used for pasture. The adjoining lots are Ag 20 lots and further makai are
in the urban district and zoned RS-15 and CV 10.
Lava Hazard Zone: 8, only a few percent of the area covered in the past 10,000 yrs.
Distance from coastline: More than 1,200 ft.to coastline.
Agricultural Lands of Importance in the State of Hawaii (ALISH) designation:
Unclassitied.
U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type:
HsD Page 28. Honokaa silty clay loam, low elevation 20 percent slopes.
This soil is similar to Honokaa silty clay loam, 10 to 20 percent slopes except that it
occurs at a lower elevation where the soil temperature is warmer. This soil is used
principally for sugarcane. Small areas are used for pasture and Mac Nuts.
Land Study Bureau soil rating: "C" -FAIR.
Flood Insurance Rate Map (FIRM) designation: See letter from llepartment of
Public Works- Engineering Division.
Existing drainage ways or improvements: The property has existing drainage.
There are no flooding problems associated with the area.
Air/Noise/water quality: No anticipation of any kind of Air Pollution, Noise or
Water quality impact.
HISTORIC RESO URCES:
Existing archaeological, cultural or historic sites on National Register or Hawaii
Register: The property was previously used for sugar cane, no archaeological,
- cultural or Historic sites are known to be located on this property.
NATURAL RESOURCES:
Existing floral/faunal resources: This land use to be sugar cane cultivation until
1984. It is now primarily grass for pasture use. No known exotic plants or
endangered species.
Scenic or coastal resources: The Scenic Point is approximately 1 mile from this
property.
VALUED CULTURAL RESOURCES:
No valued Cultural Historical or Native Hawaiian rights been practiced in the area.
PUBLIC ACCESS:
No Public access to the Mountains and shorelines.
SOCIAL-ECONOMIC CHARACTERISTICS:
Economic resources of the area: No commercial Real Property.
SURROUNDING LANDS:
Land use: With the exception of the School, the adjacent lands are within the State
Land Use agricultural District and zoned A-20a. The lands are either used For
Residential or agricultural purposes or are vacant.
Zoning: RA-la, RS-15, A-Sa, A-20a, RS-15.
PUBLIC FACILITIES AND SERVICES
Description of access: There is a paved asphalt county road, with a pavement
width of 14 ft, via a Homestead Road.
Availability of water: The existing water availability condition for this property
is such that there is water available for the proposed additional 2 lots. Confirmed
by Bruce Mc Clure on May 2, 2002.
Sewage disposal: Cesspool
Solid Waste: Provided by Laupahoehoe waste transfer station.
Police & Fire Protection: Close proximity to Police and Fire Protection.
Schools & Parks: Close proximity to Laupahoehohe School and Parks.
Other Utilities and services: All essential utilities and services, including water are
available to the property.
ENVIRONMENTAL ASSESSMENT AND ANALYSIS
No short term exploitation of resources that would entail negative term
consequences has been identified for the proposed action.
Mitigative measures proposed t avoid, minimize rectify or reduce impact: Noise during
construction period will be mitigated by regulating the time of day of construction a
activities. Dust generated during construction period will be mitigated by standard
construction dust control measures.
Alternatives to the proposed development: There are no alternatives,
everything would remain the same.
Irreversible and irretrievable commitments of natural resources that would be involved
if proposed action implemented:
H King o+`+ 4L:; William Takaba
at7y ey,.+~ ~ ~"iy Finance Director
Mayor tiW;~
Nancy E Crawford
Deputy
~r..•
1)j p~'N\~
County of Hawaii
DEPARTMENT OF FINANCE -REAL PROPERTY TAX
865 Piilani Street Hilo, Hawaii 96720-4679 Fax (808) 961-8415
Appraisers (808) 961-8354 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 (808) 327-3540
REAL PROPERTY TAX CLEARANCE
(rev. 07/99)
April 30, 2002
TM K(s): 3-3-5-004-077-0000
This is to certify that the real property taxes due to the County of Hawaii on the
parcel(s) listed above have been paid up to and including June 30, 2002.
This clearance was requested on behalf of NOBRIGA, KARL M. and RITA S.
for the County Planning Department and is issued for this/these parcel(s) only.
By
Lena Muramoto, Tax Clerk
REAL PROPERTY TAX DIVISION
- - JYSY OI y,~
v0; ' 1
L4,q~ Dennis K. W. Lee
Harry Kim Direcor
Mavar
Ire OI.MI,11
Ronald Ueoka
~/.~~t~ r Depurv Director
U.IIlIIT~~T 171 ~tI~1IMii
DEPARTMENT OF PUBLIC WORKS
101 Pauahi Street, Suite 7 • Hilo, Hawau 96720.3043
(808) 961-8321 • Faz (808) 961-8630
Date: May 3, 2002
Karl Nobriga
P.O. Box 129
Laupahoehoe, Hawaii 96764
SUBJECT: FLOOD ZONE DESIGNATION
TMK: (3) 3 - 5 -004:077
We have determined that the subject property is located within the Zone(s) checked below according to
the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA).
SPECIAL FLOOD HAZARD AREAS INUNDATED BY 100-YEAR FLOOD
? Zone A No base flood elevations determined
? Zone AE Base Flood elevations determined
? Zone AH Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined
? Zone AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths
determined. For areas of alluvial fan flooding, velocities also determined.
? Zane V Ceastal flood with velocity hazard (wave action); No base flood elevations determined.
? Zone VE Coastal flood with velocity hazard (wave action); Base Flood elevations determined.
? FLOODWAY areas in Zone AE
OTHER AREAS
? Zone X (shaded) Areas of 500-year flood; areas of 100-year flood with average depths of less than 1 foot or
with drainage areas less than 1 square mile; and areas protected by levees from 100-year flood.
? Zone X Areas determined to be outside 500-year flood plain (may include areas not studied with unknown
flood hazards).
? Zone D Areas in which flood hazards are undetermined.
® Panel Not Printed -Area all in Zone X ? Panel Not Printed -Minimal Tsunami Inundation
Any new construction or substantial improvements within Parcel 02 will be subject to the requirements of
Chapter 27 -Flood Control of the Hawaii County Code.
Should you have any questions concerning this matter, please contact Mr. Kelly Gomes in our
Engineering Division at (808) 961-8327.
-
~~1~~ ~
,~~.B~ HII, Aet~Divisio-- n C
e
Engineering Division
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RECORDATION REQUESTED BY: 8r 7~ Alo . ~ n
NAKtw,OTO, YOSHIOKA 8_ 1Ei 78~ ~ . , - - -
and CHIL LIN[;WORTH
AFTER RECORDATION, RETURN T0: _ _
NAKAMOTO, YOSHIOKA
and CHIL IINGWORTH
Room 203
80 Pouahi Street
Hilo, Hawaii 96720
RETURN BY: MAIL
DEED WITH RESERVATION OF LIFE INTEREST
AND ASSUMPTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: That MARIE S. KANESHIRO,
formerly known as Marie S. Nobriga, whose husband's name is
Calvin Kaneshiro, of Honokaa, County and State of Hawaii, herein-
after called the Grantor, for and in consideration of the sum
of ONE DOLLAR ($1.00) and other valuable consideration to her
d in hand paid by KARL M. NOBRIGA and RITA SABLAN NOBRIGA, husband
- a
~-!>i ~ and wife, whose residence address is Laupahoehoe, County and
- q c1 I
t
'Il i State o£ Hawaii, and whose mailing address is P. O. Sox 129,
i
`^,~~i~i„~ Laupahoehoe, Hawaii, hereinafter called the Grantees, the receipt
' fir„
_.~;-',;f I whereof is hereby acknowledged, has sold and by these presents
.i I
~ V °J.
' !I,.., ~ does hereby bargain, sell, assign, convey and transfer unto
' y,
;_~=i 'n=~, the said Grantees, as tenants by the entirety with right of
;
`~--~'I~~I~I survivorshi g, however, a life interest unto herself,
p, reservin
3 Z
all of the property described in Exhibit A attached hereto and
c_,,:»~.;,_~.~:~
~y by reference made a part hereof, excepting the house and let
having an area of approximately 10,000 square feet.
TOGETHER with all and singular the improvements, tenements,
rights, easements, privileges, hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the rever-
sion and reversions, remainder and remainders, rents, issues
and profits thereof.
i+at~??3~ ±t?A~
TO HAVE AND TO HOLD the same unto the said Grantees, as
tenants by the entire.y, to the survivor of them, and to such
survivor's heirs and assigns, forever; RESERVING, HOWEVI.a, unto
the Grantor, the use, rents and benefits from said property
and improvements during her natural life, except for the said
house and lot.
And the said Grantor does hereby covenant to and with the
said Grantees, their heirs and assigns, that she is seized in
fee of the said premises; that she has good right and lawful
authority to sell and convey the same; that the same is free
and clear of encumbrance of every kind and character, save and
except as noted on said Exhibit, and that certain Mortgage by
and between HERBERT LOUIS NOBRIGA and MARIE S. NOBRIGA as
mortgagors, and PAPAALOA FEDERAL CREDIT UNION as mortgagee,
dated September 24, 1974, and recorded in the Bureau of
Conveyances of the State of Hawaii in Liber 10492, Page 449;
and that she will and her heirs and assigns shall WARRANT and
DEFEND the title against the lawful claims of all persons
whomsoever.
And the said Grantees hereby covenant with the Grantor
chat the Grantees, their heirs and assigns, will assume the
said mortgage and will pay all of the principal and interest
of the note secured by said mortgage, and will at all times
hereafter keep indemnified the Grantor, her estate and effects
from all actions, claims and demands on account of the same.
in[p12731 rc78E
IN WI:^NE`:~ S,::FREOF, the said Grantor and Grantees have
Hereunto set their hands on this ~ ~y~ day of ~Q.1')IACLV( ,
1978.
MARIE S. KANESHIRO
Grantor
KARI, i3. NGuRIGA
i
_
~ 9~._.,
T~~2~ A SABLAN Nq RIGA
Grantees
i
i~af~ 12731 x,787
STATE OF HAWAII }
)SSt
COUNTY OF HAWAII )
On this t~~ day of_ _QA'~lA~1a!~_ , 1978, before me
personally appeared MARIE SKANE-SHI~,~ormerly known as
Marie S. Nobriga, to me known to be the person described in
and who executed the foregoing instrument, and acknowledged
that she executed the same as her free act and deed.
L-/~iGt-t.6-
ota c,-Th1rc ~uaic~ia'~'
Circ t, State of Ha11waii
My commission expires ~Ol $0
' STATE OF HAWAII )
)$S:
COUNTY OF HAWAII )
On this ~~9~ day of ~~IA~' . 1978, before me
personally appeared KARL M. NOBRIGA RITA SABLAN NOBRIGA,
to me known to be the persons described in and who executed
~ the foregoing instrument, and acknowledged that they executed
i the same as their free act and deed.
~
Notary ic, ird
dicT
a` 1
Circu , State of Hawaii
My commission expires (C' ~t~'SU
a
~~:::12`731 rt769
EXHIBIT A
A portion of Lot 65
Grant 7620 to Antonio Nobziqa
Manowaiopae Homesteads
North Hilo, Hawaii
Beginning at a point at the East corner of this parcel of
land and at the top West edge of Hokuwaikahe Gulch, the coordi-
nates of said point of beginning referred to Government Survey
Triangulation Station "Papaaloa" being 4447.87 feet North and
1,58.16 feet :-:est, and running by azimuths measured clockwise
from true South:
1. 73° 47' 30" 126.57 feet along the top West edge of
Hokuwaikahe Gulch;
2. 52° 17' 198.76 feet along the top West edge of
Hokuwaikahe Gulch;
3. 118° 35' 688.94 feet along the remainder of Lot
65, Grant 7620 to Antonio Nobriga
to a point on the South side of
30-Foot Homestead Road;
4. 253° 34' 63.79 feet along the South side of
30-Foot Homestead Road;
5. 245° 43' 177.05 feet along the South side of
30-Foot Homestead Road;
6. 298° 35' 139.78 feet along the remainder of Lot
65, Grant 7620 to Antonio Nobriga;
7. 208° 35' 84.90 feet along the remainder of Lot
65, Grant 7620 to Antonio Nobriga;
8. 298° 35' 566.90 feet along Lot 6, Grant 7062 to
Manuel S. Cordeiro to the point of
beginning and containing a gross
area of 3.800 acres and a net area
of 3.433 acres after deducting
0.367 acre for the following des-
cribed 15-foot flume right-of-way:
Beginning at a point at the East corner of this parcel of
].and and at the top West edge of Hokuwaikahe Gulch, the coordinates
of said point of beginning referred to Government Survey Triangu-
lation Station "Papaaloa" being 4447.87 feet North and 1158.16
feet West, and running by azimuths measured clockwise from true
South:
1. 73° 47' 30" 126.57 feeti
2. 52° 17' 198.76 feett
3. 118° 35' 16.38 feet;
4. 232° 17' 208.19 feet;
5. 253° 47' 30" 93.02 feet;
6. 118° 35' 383.38 feet;
7. 68° 57' 336.22 feet;
8. 116° 35' 19.69 feet;
g, 24g° 57' 355.91 feet;
10. 298° 35' 426.72 feet to the point o£ beginning.
SUBJECT, HOWEVER, to the following:
1. Mortgage dated September 24, 1974, and recorded in the
Bureau of Conveyances of the State of Hawaii in Liber 10492,
Page 449, by and between Herbert Louis Nobriga and Marie S.
Nobriga, as mortgagors, to Papaaloa Federal Credit Union, as
mortgagee.
2. Second Mortgage dated October 19, 1976, and recorded
in the said Bureau in Liber 11748, Page 436, by and between
Marie S. Nobriga, unmarried, as mortgagor, to Realty Finance,
Znc., a Hawaii corporation, as mortgagee.
9
I
I
i~~E~12?31 r:?`.3Q
C O N S E N T
KNOW ALL MEN BY THESE PRESENTS: That PAPAALOA FEDEf:AL
CREDIT UNION, a cooperative association duly created, organized
and existing under and by virtue of an act of Congress of the
United States known as the Federal Credit Union Act, having
Charter No. 2928, with its principal office located at Papaaloa,
Hawaii, and whose mailing address is P. O. Box 9, Papaaloa,
Hawaii. Mortgagee under that certain Mortgage made by Herbert
Louis Nobriga and Marie S. Nobriga, dated September 24, 1974,
and recorded in the Bureau of Conveyances of the State of Hawaii
in Liber 10492, Page 449, hereby consents to the making of the
foregoing Deed with Reservation of Life Interest and Assumption
of Mortgage; Provided, however, that this consent shall in
nowise release the Mortgagors from their obligations under the
said Mortgage, and shall not be deemed a waiver of any terms,
covenants or conditions of said Mortgage or construed as consent
to any further transfer of any interest in the said premises.
IN WITNESS WHEREOF, the PAPAALOA FEDERAL CREDIT UNION, by
its proper officers duly authorized, has hereunto set its hand
on this ~S~ day of -t"2bVUO.irtA. , 1978.
PAPAALOA FEDERAL CREDIT UNION
By ~r~y~
Its es~,~ ehk
F3 y° -
°~~a ( r` LC C'd'4 a-2
E~~Eki2731 !791
STATE OF HAWAII )
)SS:
COUriTY OF HAWAII )
~5~--- da -of /~br arm _ , 1 78, before me
On this
personally appeared r~ e n c ~ ~
to me personally knoy~j~~,n, w:o, a ng y ate dul,~ sworn, di say
that they are the \re~,~o„ 1 and i~sy'-4 Ye~s~r+r respectively
of PAPAALOA FEDERAL CREDIT UNION, and that the a.nstrument was
signed in behalf of said Corpo~ration by a~th~rity of its Board
o~ Directors/ and said 'F'yeo(o r ~k_ '`e (e ~ and
a~,h 3 IG ~ nw acknowledged the instrument to
be
the ree act ee o said PAPAALOA FEDERP,: CREDIT UNZON,
and that said PAPAALOA FEDERAL CREDIT UNION has no corporate
seal.
Notary Pub c, Third Judicial
Circuit, S to o`f~ Hawaii
My commission expires l'~-~"^^~"~ ~ y ~
oa~k12731 r~792
C O N S E N T
KNOW FILL MEN BX THESE PRESENTS: That REALTY FINANCE, INC.,
a Eiawaii corporation, with its principal office and mailing
address at 72 Rekuanaoa Street, Hilo, Hawaii, Mortgagee under
that certain Second Mortgage made by Marie S. Nobriga, dated
October 19, 1976, and recorded in the Bureau of Conveyances
of the State of Hawaii in Liber 11748, Page 436, hereby consents
to the making of the foregoing Deed with Reservation of Life
Interest and Assumption of liortgagei Provided, however, that
this consent shall in nowise release the iiortgagor from her
ouiigution under the sai+i 3acoad :+ortgege, acid dtidil ,ant b~
deemed a waiver of any terms, covenants or conditions of said
Second Mortgage or construed as coasent to any further transfer
of any interest in the said premises,
IN WITNESS WHEREOF, the REALTY FINANCE, INC., by its proper
officers duly authorised, h'"as~hereunto set its hand on this
.?D day of 1978.
REALTY FZNANCR, INC.
By
is v ~ Z~.~.~..f
By ~i
Its ~
i~alk~??3i ,>~7~~?
STA'PE OF HAWAII )
)SS:
CO'UP2TY OF HAWAII )
On this a~ Z~" da of , 1978, before me
p~son,~lly appe~ and
,Gfuy~, ,U.t,!/ , to me persona y mown, who,
being by
me duly orn, d d say that they are the ~4c~(<,,,/" and
.1 ~~r.~,v? respectively, of REALTY F'lR~E, ZFIC-., a Hawaii
corporation; and that the seal affixed to said instrument is
the corporate seal of said corporation. and that the instrument
was signed and sealed in behalf of said corporation byc authority
of its Hoard pf Directors, and said ~.~?M:,d T ,~,~..c,~'v
and ~L.,~~ .4~t/ acknow3eagecTt~e instrument
to be t e ree ct an ee o said corporation.
L1/Ccl~1c~~~
o~~~c, T u icial
Circuit. State of awaii
/1 _ n
My commission expires ~
- ~ n ~S
~l- QQoo C~[~~y r;, ~ . . ,
RECORDATION REQUESTED BXJJ"'-
I;~u IiA'i ~0 P,~Hp2. UO
cif,%i K. YhLA, Rcui~iRAi2
AFTER RECORDATION, RETURN TO:
/Ygk,a./,ys r ~Eyc~
SP/ kiNCoGF,k-
Hic o yi f~ ~yo
RE TU R~I BY: MAIL ( ) PICKUP
AF FECTZNG TAX MAP KEY: (3) 3-35-004-077
Q[fI1CLAIM DEED
KNOW ALL MEN BY THESE PRESDNTS:
That MARIE S. KA NESHIRO, formerly known as Marie 5.
~ No brigs, wife of Calvin Kaneshiro, whose residence is
i
r
~ Laupahoehoe, County and State of Hawaii, and whose mailing
~yY ~ address is P. 0. Box 488, Honokaa, Hawaii 96727, hereinafter
,q
.y: called the 'GRANTOR', for and in consideration of the sum of r
TEN DOLLARS ($10.00) to her in hand paid by KARL M. NOBRIGA
'_u_ Z
and RITA SAB LAN NOBRZGA, husband and wife, both of whose y
9 C
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j cesidence is Laupahoehoe, County and State of Hawaii, and
1 both of whose mailing address is P. O. Box 129, Laupahoehoe,
S ~ o
o Hawaii 96764, hereinafter called the "GRANTEES", rec.ipt of
o
o I which sum is hereby acknowledged, has sold and does hereby
_ - remise, release, and quitclaim unto the said Grantees, as
tenants by the entirety, their assigns, and the survivor of
~
ly•`1 x the Grantee and his or her heirs, devisees, personal
~ representatives and assigns, all of the property described in
Exhibit "A' attached hereto and by this reference made a part
;li~
hereof.
Z;
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- Fes:
2t 949 622
AND the reversions, remainders, rents, issues and
profits thereof, and all of the estate, right, title and
interest of the Grantor both at law and in equity the ein and
thereto.
TO HAVE AND TO HOLD the same, together with all
improvements, rights, easements, privileges and appurtenances
thereunto belonging or appertaining or held and enjoyed
therewith, to the Grantees, in fee simple, as aforesaid.
IN WITNES//S WHEREOF the said G//rAAantor has hereunto set her
' hand this b day of r/~7 1988.
7-
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.
M.ARIE S. KANESHIRO
;Wy
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2199 62:~
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
`S n'
On this ~ day of _ 1988, before
:r,
me personally appeared MARIE S. KANESHIRO, to me known to be
the person described in and who executed the foregoing
- Z instrument, and acknowledged that she executed the same as
.t her free act and deed.
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Notary Pub ic, State of Hawaii
My commission expires:
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DRAWM 9Y. o/.lE' LONIEU,S mlE PENSrous
~ ESCFI IION_ ___d.lE_
= Cole a~,,,,~,o, _ _ . P,o, Pay EoW.
P~A~ - - -
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Drafting
ADDGNUUM TO DESCRIPTION OF SU13JI?CT PROPC;RTY
Ph~u~icul ('huruc~eri.t'ric.r.~E~tvira~menlul Se(~in,~~:
The size of this property is 3.83 acres. "Phis property is Icvcl curl ut present there
is I dticlling and 1 pie pen. There are some goats in the pasture.
Public Fucili/ies and Serrices
~fhe Police & dire Protcc~ion. and Schools arc within I mile ol~~hi,a ~in,~icrw
N{Y e! Mqw
9•
Darryl J. Oliveira
Harry Kim Fire Chiej
Mayor ,
.a~~' Desmond K. Wery
qrr OI ~N>~
Depap~ Fire Chief
~ourttp of ~~~ai t s ~5
FIRE DEPARTMENT PLt~.~I~llP`iG ~ P?IEN7
25 Aupuni S[ree[ • Sui[e 103 • Hilo, Hawaii 96720 GUU~d f ~F ~-j-C~1.'~/Flil
(808) 961-8297 • Fax (808) 961-8296
July 10, 2002
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-005)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION (REZ 02-010)
REQUEST: AGRICULTURAL (A-20a) TO RESIDENTIAL AND
AGRICULTURAL (RA-1a)
APPLICANT: KART AND RITA NOBRIGA
TAX MAP KEY: 3-5-004:077
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and
maintained in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every
building hereafter constructed when any portion of an exterior wall of the first story is
located more than 150 feet from fire department vehicle access as measured by an
unobstructed route around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require
additional fire protection as specified in Section 10.301 (b).
EXHnI~IT 9 +yr-~ ~P,l~o`y
1~ ~1f~~S.J I ,~RE~
Christopher J. Yuen, Planning Director
Page Z
July 10, 2002
" 3. When there are not more than two Group F2, Division 3 or Group M
Occupancies, the requirements of this section may be modified, provided, in the
opinion of the chief, fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief
that access by a single road may be impaired by vehicle congestion, condition of
terrain, climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed
vertical clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided
such reduction does not impair access by fire apparatus and approved signs are
installed and maintained indicating the established vertical clearance.
"(e) Pemtissible Modifications. Vertical clearances or widths required by this section
may be increased when, in the opinion of the chief, vertical clearances or widths are
not adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be provided with a surface so as
to provide all-weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in
length shall be provided with approved provisions for the turning around of fire
apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it
shall be constructed and maintained in accordance with the applicable sections of the
Building Code and using designed live loading sufficient to carry the imposed loads of
fire apparatus.
Christopher J. Yuen, Planning Director
Page 3
July 10, 2002
"Q) Grade. The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(I) Signs. When required by the fire chief, approved signs or other approved notices
shall be provided and maintained for fire apparatus access roads to identify such roads
and prohibit the obstruction thereof or both."
ARR L OLIVEIRA
Fire Chief
DO:Ik
Qf WRiEN B`q 1 . .
4
O
19 9
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
c~M1r 345 KEKUAN AOA STREET. SUITE 20 HILO. HAWAII 96720
~ of H„w
TELEPHONE 18081 96i-8050 FA% (8081 961-8657
J~i_ 16 Pfd 1 28
July 15, 2002 p~i~NNIfJC'~ Df.F~~=.RTfJIL=NT
CuUNTY 0!~ H~~~;'.'All
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LANll USE BOUNDARY AMENllMENT APPLICTION (SLU 02-005)
REQUEST: AGRICULTURAL TO RURAL
CIIANGE OF ZONE APPLICATION (REZ 02-010)
REQUEST: AGRICULTURAL (A-20A) TO RESIDENTAL AND AGRICULTURAL
(12A-lA)
APPLICANT -KARL AND RITA NOBRIGA
TAX MAP KEY 3-5-004:077
We have reviewed the subject applications and have the following comments.
Water can be made available from an existing 6-inch waterline along Hokumahoe Homestead Road, which
fronts approximately the first 20 feet of the subject property. However, as proposed, the subdivision of the
subject parcel would require the applicant to extend the existing 6-inch waterline, at their expense, to the
northwest corner of the property, a distance of approximately 200 feet. Lastly, our records do not show that the
existing parcel and house have water service.
Pursuant to the Department's "Water Canmitment Guidelines Policy," a copy of which is being forwarded to
the applicant, a water commitment may be issued. Based on the two (2) additional lots [hat are requested in the
proposed change of zone application, the required water commitment deposit is $300.00.
Remittance of $300.00 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 conunitment, we shall submit our comments and requirements for tentative
subdivision approval.
Por the applicant's information, should [he subject change of zone be approved and a subdivision application
executed, final approval will be subject to the following requirements:
EXHIBIT
c
q ~ ~ / 71~~4 J~
VVaEer brizz~re rroc~re~3...
Mr. Christopher J. Yuen, Planning Director
Page 2
July 15, 2002
I. Construct necessary water system improvements, which shall include, but not be limited to:
a. Water mains capable of delivering water at adequate pressure and volume under both peak-
flow and fire-flow conditions; minimum diameter of mains shall be 6 inches,
b. Service laterals that will accommodate an appropriately sized meter to each lot, and
c. I^ire hydrants spaced not mare than 600 feet apart.
Submit installation plans prepared by a professional engineer, architect, or land surveyor registered in
the State o£ Hawaii, for review and approval.
2. Remit the prevailing facilities charge, which is subject to change, of $9,640.00, and was calculated as
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.
- One pre-existing lot $ 940.00
- Two additional lots at $4,350.00 each
Total (Subject to CLange) $9,640.00
3. Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Board of the County of Hawaii. A registered
land surveyor shall stamp and certify the metes and bounds description, which may be a required
exhibit in the conveyance documents. Prior to water meter services being granted to the development
or any of the lots within, the conveyance documents shall be accepted by the Water Board and
approved by Corporation Counsel.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with the prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions, the applicant can contact our Water Resources and Planning Branch at
961-8070.
Sincerely yours,
~ Milto D. Pavao, P.E.
Man ger
BCM sco
copy - (w/enc.) Mr. Karl and Ms. Rita Nobriga