HomeMy WebLinkAboutCOM 0097.000 2002-2004 Harry Kim ~M,.,_..~
wor Dixic Kae~su
Mayor ~6Jrv Managing Director
Peter T. Young
• Ueputy Managing Uirector
1J(r Or `NJ~ r - 1
..v Lit 1 ~ -
COUNTY OF HAWAII
25 Aupuni Street, Room 215 • Milo, Hawaii 96720-4252 • (808) 961-8211 • }'gy tgpgl g61-6553 -
KONA: 75-5706 Kuakini Highway, Suite L03 • Kailua-Kona, Hnwai'i 196'i40-'-'
(808)329-5226 • Fax (ROS)326-5(63
December 31, 2002
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chainnan Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 02-007)
Request: Agricultural to Urban
Change of Zone Application (REZ 02-017)
Request: Agricultural (A-Sa) to Single Family Residential (RS-20)
Applicants: Walter and Susan V1~lton
Tax Map Key: 7-5-O10:Portion of 52 and Portion of 65
Change of Zone Application (REZ 02-018)
/ Request: Agricultural (A-Sa) to Residential and Agricultural (RA-la)
`v/ Applicant: Daniel Decker
Tax Map Key: 8-2-003:031
State Land Use Boundary Amendment Application (SLU 02-010)
Request: Agricultural to Urban
Change of Zone Application (REZ 02-020)
Request: A-Sato RS-15
Applicant: Dennis Young
Tax Map Key: 7-3-10:29
Initiator: County Council
Proposed Bill No. 265 Amending Chapter 25 (Zoning Code)
of the Hawaii County Code Relating to Scenic Corridor Overlay District
As required by Chapter 4, Sea 6-4.3(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Si ere ,
Comm. No.
Harry
Mayor File No.
roai9oz Re4. To: ~a.~
Enclosures ~ ~ / I ~ ~
Ref. Date , 2 9M'~
cc: Planning Department
+tr My
~+.`Y
Harry Kim 4"'
Mavur •
. 4 w i
• •~~Oi N'~
County of Hawaii
PLANNING COMMISSION
IUl Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
j 1 0808) 961-8288 Fax (808) 96]-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 02-018)
Request: Agricultural (A-Sa) to Residential and Agricultural (RA-la)
Applicant: Daniel Decker
Tax Map Key: 8-2-003:031
The Planning Commission, after a duly held public hearing on December 5, 2002, voted to
recommend for your approval the proposed legislative bill to change the district classification for
approximately 5.263 acres of ]and from Agricultural (A-Sa) to Residential-Agricultural (RA-la).
The property is located in the Captain Cook Estates Subdivision approximately 600 feet west
(makai) of Mamalahoa Highway and Kealakekua Ranch Center, Waipunaula, South Kona,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to
Residential and Agricultural (RA-la) zoned district for approximately 5.263 acres of land
in order to subdivide the property into two lots, 1.560 acres and 3.703 acres in size, to
establish separate fee ownership. The subject property is located within the State Land
Use Urban District. The landowner, Daniel Decker, intends to retain the 1.560 acres and
expand the existing coffee farm on the undeveloped portion of the property. He intends
to convey the 3.703 acres with an existing dwelling to Viviane Baker, who is applying for
a Use Permit to establish a 2-bedroom bed and breakfast operation in the two-story
dwelling. The dwelling has a living area of 4,235 square feet. There are three existing
The Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
bedrooms with shared bath on the upper level of the existing two-story dwelling. The
applicant has applied for building permits to convert 2 of the rooms on the lower level
from an exercise room and study into 2 bedrooms for the bed and breakfast operation.
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 [hey may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and
Agricultural (RA-la) zoned district will conform to the following goals, policies and
standards of the General Plan Land Use Elements. 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 also is
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 and AGRICULTURE
• 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 adjacenC zone
uses, availability of public services and utilities, access, and public need.
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
• 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 standazds 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 adiversity 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
• 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.
• 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.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The subject area is designated Medium
Density. Therefore, it is determined that the request is consistent with the Medium
Density development land use depicted on the LUPAG Map for this area of South Kona.
The property is presently zoned A-Sa. It is developed with coffee and has an
existing dwelling situated near the lower half of the parcel. Immediately adjacent lands
are also zoned Agricultural (A-Sa) with the exception of a parcel adjacent to the top of
the parcel, which is zoned RA-la. Parcels to the north, across the roadway easement are
zoned A-la and CN-7.5 (Neighborhood Commercial). Those lands are in residential uses
and/or vacant lands. Surrounding lands are located within the State's Agricultural and
Rural Districts and in the County's Agricultural (A-Sa) and Residential and Agricultural
(RA-2a) zoned districts. The area consists of a mixture of urban and rural development.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
Therefore, a favorable recommendation of this change of zone request will be consistent
with the emerging land use pattern being established within this portion of South Kona.
The subject property is located within the State Land Use Urban District. Should
the County Council approve the applicant's request for a Residential and Agricultural
(RA-1 a) zoned district, the applicant would normally be allowed to apply for an Ohana
Dwelling Permit, which would allow the construction of a second dwelling unit as a
separate or attached unit on both lots. Due to the fact that this subject request would
allow the existing parcel to he subdivided and subsequently allow the applicant to create
a second lot, we would be allowing an additional dwelling to be constructed which would
double the existing density of the area. Although the Planning Director supports this
rezoning request to allow for atwo-lot subdivision with one home on each lot, the
potential to allow four (4) homes may contribute to a cumulative burden on the existing
infrastructure (road, water, etc.) which cannot be supported. Therefore, a condition is
included in the change of zone ordinance to prohibit a second dwelling unit on each lot.
In addition, a condition shall be included to require the existing condominium property
regime to be dissolved upon securing Final Subdivision Approval of the proposed 2 lots.
Further, to address concerns of an adjacent neighbor, the proposed lower 3.703-acre lot
shall not be further subdivided into more than two resulting lots.
The property currently has ongoing agricultural activity. 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 topography of
the property is sloping toward the ocean. The property is unclassified by the Agricultural
Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property
and surrounding area are classified as "C" or "Fair" for agricultural productivity by the
Land Study Bureau. The potential for continuing agricultural activity exists, and will
occur by the landowner on the upper portion of the property. The lower half has been
developed with a dwelling and landscaped.
The primary access for the subject property is from the Mamalahoa Highway onto
a private 50-wide roadway easement. The pavement width is 20 feet. The applicant has
the right to use this easement in accordance with their deed.
According to the Department of Water Supply, there are two existing 5/8-inch
meters; one for the existing dwelling and one for the proposed ohana. Therefore, water is
available for the proposed two lots. However, as the Department of Water Supply stated,
water availability is limited to the existing two meters, which is why they do not support
this request. To address this concern as well as the increase in density, a condition will
be imposed to restrict any second dwellings to be constructed on the proposed lots.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
Further, as one of the proposed lots could actually be subdivided further if this change of
zone request is approved, a condition is included to prohibit any water variance from
being sought for future subdivision of lots. According to the applicant, wastewater is
disposed of into an existing cesspool. Electrical and telephone services aze available to
the property. Police and fire protection are available at the site, as is County water. The
applicant shall install a backflow preventer required by the Department of Water Supply.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Program. The property is approximately two miles
from the ocean. Thus, the proposed request will not adversely impact recreational
resources, including access to and along the shoreline or to mountain azeas, scenic and
open space vistas, visual resources to the shoreline, coastal ecosystems and marine
ecosystems.
Finally, because the property has been developed with a dwelling and with coffee
and other fruit trees, it is not anticipated that endangered or threatened candidate species
of flora or fauna aze located within the subject property, nor is it an area identified as a
significant botanical or biological habitat. At present, there is no evidence of valued
cultural, historical or native resources nor has any traditional and customary native
Hawaiian rights been practiced in the area. Thus, it is 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-5 acres (A-Sa) to Residential and Agricultural (RA-la) zoned district would
result in an appropriate land use pattern that will further benefit the public.
The accompanying draft bill to amend Section 25-8-7 (South Kona Zone Map) of
Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable
consideration.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
We are enclosing a copy of the staff background and transcript for your information.
Sincerely,
e~t.t
Geraldine M. Giffin, Chairman
Planning Commission
LAecker02pc
Enclosures
ca Mr. Sidney M. Fuke
Mr. Daniel Decker
Department of Public Works
Department of Water Supply
Planning Department -Kona
Brian Minaai, Director/DOT-Highways,
BDeckerBakerRezUse0lskg-11/25/02
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
DANIEL B. DECKER
CHANGE OF ZONE APPLICATION (REZ NO. 02-018)
VIVIAN BAKER
USE PERMIT APPLICATION (USE NO. 02-008)
DANIEL B. DECKER has submitted an application for a Change of Zone by changing
the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-la) for
approximately 5.263 acres of land. In addition, VIVIAN BAKER has submitted an application
for a Use Permit to establish afive-bedroom bed and breakfast operation within an existing
dwelling on the subject property situated in the County's Agricultural (A-Sa) zoned district.
Subsequently an amendment was filed to reduce the number of bedrooms to a 4 bedroom bed and
breakfast establishment. The property is located in the Captain Cook Estates Subdivision
approximately 600 feet west (makai) of Mamalahoa Highway and Kealakekua Ranch Center,
Waipunaula, South Kona, Hawaii, TMK: 8-2-3:31.
GENERAL INFORMATION
1. Land Ownership: The property is owned by Daniel B. Decker. Vivian Baker has
secured permission to submit the Use Permit Application.
2. Amended Request: The original request by Vivian Baker was to operate a 5-bedroom
bed and breakfast operation. Subsequently, she amended her request to reduce the
number of bedrooms to a 4-bedroom bed and breakfast establishment.
APPLICANT'S REQUEST
3. Request: The request is twofold. The landowner, Daniel B. Decker is requesting that the
5.263-acre subject property be rezoned from A-Sato RA-lain order that he may
subdivide the property into two lots. He would retain approximately 1.560 acres and
convey the approximately 3.703 acres with an existing dwelling to Vivian Baker. Daniel
Decker intends to live on his portion of the property and expand the existing coffee farm
on the undeveloped portion of the 1.56-acre area. The request by Vivian Baker is to
C - ~ ! (f ~ " I SFr, } T~,
operate a 4-bedroom bed and breakfast operation in the existing two-story dwelling if the
Use Permit is approved. The dwelling has a living area of 4,235 square feet.
4. Site Inspection: On the lower level of the dwelling there an exercise room and study that
will be converted to bedrooms in addition to a recreational room with bar sink and
playroom. On the upper level are three existing guest bedrooms with a shared bath.
There is no interior circulation. The dwelling is presently legitimized as a three
bedroom/two bath dwelling. Building permits, however, still reflect the lower level as
recreational room with a bar sink, exercise room, study and play room.
5. Use Permit Requirements: The subject property is located within the State Land Use
Urban District. A Use Permit is required to operate a B&B in the County's Agricultural
(A) or Residential-Agricultural (12A) zoned district.
6. Supportive Information: (See Exhibit A -Application for Change of Zone and Use
Permit and additional information submitted by letter dated November 21, 2002.)
STATE AND COUNTY PLANS
7. State Land Use: Urban.
8. Coastal Zone Management, HRS Chapter 205A: The State of Hawaii defines the
coastal zone as the entire state, and therefore, the activities are subject to compliance with
the State Coastal Zone Management (CZM) Program. In addition to compliance with the
State CZM Program, the proposed action must also comply with requirements of the
County's CZM Program, which includes the Special Management Area. The subject
property is approximately 2 miles from the ocean.
9. GP Consistency: Economic and Land Use Elements goals and policies.
10. GP LUPAG MAP: The General Plan Land Use Pattern Allocation Guide (LUPAG)
Map designates the area as Medium Density Urban.
11. County Zoning: The property is situated within the County's Agricultural (A-Sa) zoned
district.
12. Ohana Dwelling Permit: An Ohana Dwelling Permit (OHD 94-356) was granted to
Catherine S. Decker by letter dated May 15, 1995.
-2-
13. Single Family Dwelling Agreement: There is a Single Family Dwelling Agreement on
file with the Planning Department that was recorded with the Bureau of Conveyances on
October 14, 1994, stating that the lower level consists of a recreation room with bar sink
and separate exterior entrance.
14. SMA: The properties are not situated within the Special Management Area.
15. Hawaii Tourism Authority: "Strategic Directions for Hawaii's Visitor Industry" or
Tourism Strategic Plan (TSP) prepared by the Hawaii Tourism Authority (June, 1999),
forms the basis or foundation upon which Hawaii's future as a visitor destination will be
built. This document is a fulfillment of one of the primary responsibilities of the Hawaii
Tourism Authority (HTA) established by Act 156 SLH 1998. The TSP contains strategic
directions in seven areas, one of which is Product Development. Under Agri Tourism, a
subset of Product Development, strategic directions to promote Agri Tourism include:
• Create menus of experiences to make it easier for visitors to purchase agri tourism
experiences and products.
• Advocate "Bed & Breakfasts (B&B's) and "Country Inns" on agriculture lands,
farms, and ranches.
• "Bundle" agricultural experiences with health, adventure, culture, eco, and edu
tourism.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
16. Subject Property: The subject parcel is located approximately one mile from the core of
Captain Cook Village. The private access easement is located across from the
Kealakekua Shopping Center. The property is approximately 5.263 acres and somewhat
rectangular-shaped with a pole access and slopes down toward the ocean. The B&B
operates within the existing two-story 4,235 sq. ft. single family dwelling.
17. Building Permits: The following building permits were secured for the subject property:
A. B905203 - A 3-bedroom/2 bath dwelling with lanai and parking slab below
(2/5/90 - 8/23/90).
B. B955450 -Add Recreation room to lower level; bar sink to existing study
-3-
(5/25/95 - 5/14/98).
C. B025341 - Addition of recreation room to lower level (3/20/02 - 3/25/02)
D. B026380 -Convert Carport to playroom (10/7/02 - 10/31/02)
E. B945841 -Enclose lower level for play room (10/27/94 -Open)
F. B955-451 -Pole Garage w/bath (5/25/95 -Open)
18. Building Division informs us that here are two building permits open. Further, the
dwelling is still described as a 3-bedroom home according to Building Division records.
19. Parking: A total of five parking stalls will be made available on site. There is an area
that will be cleared to create additional parking. The concrete driveway is approximately
10 to14-feet wide. The driveway is connected to a paved 20-foot wide roadway
easement.
20. Agricultural Land of Importance to the sate of Hawaii (ALISH) System: Portions of
the subject property area located in areas that are "Not Classified" or Other Important
Agricultural Lands" by the ALISH map.
21. U.S.D. A. Soil Type: Honuaulu extremely stony silty clay loam, 12 to 20 percent slopes
(HVD). This soil is similar to Honuaulu very stony silty clay loam, 6 to 20 percent
slopes, except that stones cover from 3 to 15 percent of the surface. This soil is used
mostly for coffee and pasture. Small areas are used for macadamia nuts, bananas, citrus
fruits, and avocados.
22. Land Study Bureau Soil Rating: The soils are classified "C" or "Fair".
23. Flora/Fauna: The property has a mature landscape consisting of coffee trees, bananas.
Avocados, atemoya, roses and other ornamental plants.
24. Archaeological and Historic Resources: A majority of the site has been cleared for the
dwelling and planting of coffee and landscaping, with the exception of the lower (makai)
portion of the property where there is no development. It is unlikely that any
archaeological or historic resources are present.
25. Public Access and Cultural Gathering/Fishing Rights: The property, which is located
on the makai side of the Mamalahoa Highway. There is no evidence to indicate
-4-
mauka/makai access across the property. As the property is fully landscaped and
developed, gathering rights should not be an issue.
26. Recreational Resources: Use of the dwelling as a B&B will provide a place to stay for
visitors utilizing the recreational resources on the island.
27. FIRM and Coastal Hazards: According to the Flood Insurance Rate Map prepared by
the Federal Emergency Management Agency, the subject property is located within Flood
Zone "X" which is outside the 100 year flood zone
28. Air, Noise, and Traffic: The proposed subdivision would add one additional lot of
record to parcel inventory. There should be no significant impact on air quality or noise
levels from the bed and breakfast operation. Traffic impacts should be minimal as the
operation of a B&B is not expected to greatly increase the existing traffic flow.
29. Scenic Resources: The proposed rezoning request to subdivide the property and a bed
and brea~~~f~a~t~ Aeration should not have an impact on view planes from other locations in
the Keaukaha area.
30. Coastal Ecosystem and Marine Resources: The proposed rezoning in order to
subdivide the property and the establishment of a bed and breakfast would not have a
significant impact on coastal or marine resources in the area.
31. Surrounding Zoning/Land Uses: The immediate adjacent parcels are zoned A-Sa and
are approximately 5 acres in size. Adjacent to and north of the property is a one acre
parcel zoned RA-la. Across the roadway easement are lands zoned A-la and CN-7.5
(Captain Cook Village Condominiums and Kealakekua Bay Villas. There are also
scattered dwellings in the vicinity. Across the Mamalahoa Highway is the Kealakekua
Ranch Shopping Center on CV-10 zoned lands. Immediate surrounding areas are a
mixture of urban and rural development.
PUBLIC UTILITIES AND SERVICES
32. Access: Access to the property is from Mamalahoa Highway onto a private paved
roadway easement approximately 20 feet wide. This easement crosses over TMK:
-5-
8-2-03: 18, 17, 12, 20, 21 and 22 and fronts the subject property. The landowner has
right of access over this easement through the recorded deed.
33. Water: The subject property is served by County water. According to the Department of
Water Supply the subject property has two meters.
34. Wastewater System: According to the applicant there is a cesspool on the subject
property.
35. Other Essential Utilities and Services: Electrical and telephone services are available
to the subject property. Police, fire and medical services are available approximately 1
mile north in Kealakekua.
AGENCIES' COMMENTS
36. Department of Environmental Management (October 18, 2002 Memo):
"We have reviewed the subject application and have no comments to offer."
37. Police Department (October 1, 2002 Memo):
"Staff has reviewed the above-referenced applications and does not feel it will have any
specific impact on traffic or police services. Although mentioned in the application, we
strongly recommend that the applicant provide for sufficient off-street parking and an on-
site turnaround area. Other than the above, we have no objections to the request."
38. Department of Land and Natural Resources-Land Division (October 7, 2002
Letter):
"Thank you for the opportunity to review and comment on the subject matter.
"A copy of the document covering the subject application was distributed to the
following Department of Land and Natural Resources' Divisions for their review and
comment:
- Division of Aquatic Resources
- Division of Forestry and Wildlife
- Na Ala Hele Trails
- Division of State Parks
- Commission on Water Resource Management
- Land Division Planning and Technical Services
- Land Division Engineering Branch Land Division Hawaii District Land Office
Land Division Engineering Branch comments:
-6-
"We confirm that the project site is located in Zone X (Not shaded). This is an
area determined to be outside the 500-year flood plain. Also, on page 9, Item
C.1. Drainage, US Corps of Engineers' must be changed to Federal Emergency
Management Agency's. "
"The Department of Land and Natural Resources has no other comment to offer."
(Historic Preservation Division -November 14, 2002 Memos):
Daniel Decker: "c. previous grubbing/grading has altered the land."
Vivian Baker: "b. residential development/urbanization has altered the land."
39. Department of Water Supply: (See Exhibit B - October 14, 2002 and applicant's
response dated November 4, 2002)
40. Department of Public Works: (See Exhibit C -October 30, 2002 Memo and
applicant's response dated November 12, 2002)
41. Fire Department: (See Exhibit D -October 8, 2002 Memo)
42. Department of Health: (See Exhibit E -September 25, 2002 Memo)
AGENCIES - NO RESPONSE
43. Real Property Tax Office and Department of Transportation (Honolulu & Hilo).
REQUEST FOR STANDING IN CONTESTED CASE FOR USE PERMIT ONLY
44. Brad Farwell -Petition and $100 filing fee submitted on November 13, 2002 (See
Exhibit F).
-7-
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII ' •>:~o
PLANNING DEPARTMENT J 10
(Type or legibly print the requested information) ~''P"n 1
L~(~i ~IP.~~~ ~ ~2
r, ,
APPLICANT: . ~ _ - ~ ~ ~ n~T
APPLICANT'S SIGNATURE` .Cr ~2~u-z--~ ~"~DATE: August 30,~ 2002
ADDRESS: 0 r
,~6~~~
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 328-8631 (Res.) 328-8631 (Fax)
LANDOWNER(S): Daniel ec r
LANDOWNER SIGNATURE .L DATE: August 30, 2002
(M 1 r)
LANDOWNER(S)ADDRESS: y? CDO(= ~6~i7
REQUEST: A-Sa TO Residential-Agriculture 1-a (RA-la)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 8-2-03: 31
STREET ADDRESS OF PROPERTY: 82-6087 Mamalahoa Highway Captain Cook, HI 96704
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.263 acres
AGENT: Sidney Ftitke
ADDRESS: 100 Pauahi Street, Suite 212
Hilo, HI 96720
TELEPHONE:(Bus.) 969-1522 (Res.) 961-6909 (Fax) 969-7996
~i
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fake COPIES: Daniel Decker
(See InstrucCihnb+Ut~1~e8~rTe Side)
1
ATTACIL~IENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OP HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If des, 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? All
b. Into what lot sizes? 1 and 3+ acre
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? Immediately
d. Do you intend to build houses on the newly created lots? No, existin
If mss, 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. Se11 or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
c. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
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? Yes
How?
By:increasing the number of lots, the supply of houses will be
increased.
4. Are there any buildings on the subject area? YES
If so, what kind? Single family dwelling, garage, and a permit
for another dwelling
What do you intend to do with those buildings if your request is
approved?
Keep all of them
5. Is the subject land currently being used for any agricultural activity? Portion
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
Portion of the property is cultivated with coffee, avocado
6. Was your request to allow for the creation of smaller agricultural
lots?
Somewhat - more residential/agricultural lots
If so, did your plan include the following considerations?
a. Commodity to be produced? yes - existing agricultural crops
What kinds of commodity? coffee, avocado, and citrus trees
b. Suitablility of the proposed lot-size for that commodity? Yes
c. Sufficient farm size to allow reasonable chance of success in
~ commercial agriculture? yes
-2-
d. Agricultural leases or uther forms of assurance that potential
buyers or leases would put the subject area into some iurm of
agricultural use? No
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.
f~ 7. To your knowledge, has there been any flooding and/or drainage problem No
on the subject area?
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume or load? 'Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
i,
Yes No
a. Schools X
X
b. Roads
r„ c. Sewer X
X
d. Drainage
-3-
Yes No
X
e. Police Protection
X
f. Fire Protection
X
g. Recreational Facilities
X
h. Public Utilities
X
i. Other
For those checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature: / v n
Address: ~~O- ~ASC \~Y?~~IYv ('wk~.7~0~
Telephone: 328-8631
Date: August 30, 2002
-4-
COUNTY OF HAWAII
PLANNING COMMISSION
USE PERMIT APPLICATION
(Type or legibly print the requested information)
APPLICANT: t ~ ( v"1Z.o ~~Q ~~f
APPLICANT'S SIGNA,T~}URE: qq~~ DATE: AuHUSt 30, 2002
ADDRESS: ~~X 7I„4J~
LIST APPLICANT'S INTEREST IF NOT OWNER:
TELEPHONE:(Bus.) 885-7732 (Res.) {Fax) 885-7732
LANDOWNER(S): Daniel Dec
r~
LANDOWNER SIGNATURE ~ DATE: August 30, 2002
P.O. Box 492 ay be y letter)
ADDRESS:
Captain Cook, HI 96704
TAX MAP KEY: 8-2-03: 31
STREET ADDRESS OF PROPERTY: 82'6087 Mamalahoa Highway Captain Cook, HI 96704
REQUESTED USE: 5 bedroom Bed and Breakfast
ZONING: A-5a SIZE OF PROPERTY: 5.263 acres
AGENT: Sidney Fake
P.DDRESS:_ 100 Pauahi Street, Suite 212
® Hilo, HI 96720
TELEPHONE:(Bus.) 969-1522 (Res.) 961-6909 (Fax) 969-7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES: Viviane Baker
(See Instructions on Reverse Side)
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-5a to RA-1a)
DANIEL B. DECKER
USE PERMIT REQUEST (5-Room Bed and Breakfast)
VIVIANE BAKER
TAX MAP KEY: (3) 8-2-03; 31
I. INTRODUCTION
The landowner (Daniel B. Decker} is requesting the subject property,
consisting of 5.263 acres, to be rezoned into the Residential-Agricultural
(RA-ia) district. Concurrently, he has authorized Ms. Viviane Baker to apply
for a Use Permit to establish a 5-room bed and breakfast (B & B) operation
within an existing dwelling on the subject property.
Although the processing requirement of each application is different, much of
the planning and environmental considerations are similar. As such, this
report has been expanded somewhat to support both applications.
The subject property is located in the Captain Cook Estates Subdivision at
Waipunaula, South Kona, TMK: 8-2-03: 31. More specifically, it is located
approximately 600 feet makai of the Kealakekua Ranch Center and makai of
1 the Mamalahoa Highway. (Figure 1)
If rezoning request is approved, the landowner intends to subdivide and sell
the site of the proposed B & B consisting of 3.703 acres to Ms. Baker.
Likewise, if the Use Permit is approved, Ms. Baker intends to operate a
maximum 5-room B & B.
II. PROJECT LOCATION
The subject area is located on the makai side of the Mamalahoa Highway,
approximately 600 feet makai of the Kealakekua Ranch Center. Other
surrounding uses include iwo (2) condominium projects (Captain Cook
Ocean View and Kealakekua Bay Villas), some residential uses on the
mauka side, and some agricultural uses on the north and south ends of the
subject site. (Figure 1)
M~
The commercial "heart "of Captain Cook is located less than a mile to the
south. Use and/or landmarks in this area include the County's Greenwell
Park and Recreation Center, a hotel, theatre, and other commercial
establishments.
1
x~ ~ 9d a r ~ ~n
4 F
. b, KEkUHOU-KONA $ PROJECT LOCATION
GOLF COURSE ,'.i's nONALO
~'i%P m'"~5 - Puuiki ~ ~ ~
t~=¢ , ~ ae. ~ = fJ~
e- ~~p / ~
w
F ~ M°E
i
$:zT ~ i s~.
.~4'x'~~~'~n^t7,~ r' S dG K• -h'oi Churdi ~ o '
,3s'~ _ 90, a~~
~.I
g ~~:~t Q KA111fAL1U
r ~ `
,o ~
of
~
KONA COAST
Nenue Pt. p.n.
AREA ".~.o...
o.
f -NORTH kOt~lA 11 NOT TO SCALE
~ 5 SOUTH d((
NAB-~
a ~ _ dtST
- S RCT E\
KEALAKEKUA P
I Ka EI'.m. & Nph' Sbh.
1
3 ~ B
Kon .wana Yh. Pd.
CAPTAIN COOK
' s 'i i
a ~ ~
~ ,a uNUIP luuhlaiulunihuuuanlntlamuunmu11g11111y11U~~~1J
~ lllhlfl .Illli(ft((ReRll((Q(ILR~8 ~n4~n(fcrtR(cRAR4tt,•`' ~96w«„a111111IpYl(IAlllRlllll4lameucMnlnllniailtlaNNf(X11111(I((Itmllll(f(((1(~111"~"9
0
- 96 l` Kaawalya _ Fld' P.(9. ? -Cpdk RD: G
e . fps"-.~ - G r, ,
Fapt. Cook Mon. u . t„ Ra. n b8 ' y ~
9.
£ as I9Z ino aC. a
k ~ au. ~ Kona ? ° KHOa pO~ ~
~i..~M. F. ~ 'te
~ 8 w~
p t! kilo P.
L Hikiau Heiau ~ 2' Wao i 5e.
~ ~ 3: Ho maka PI.
Historic Site ~ P°pJ; P~- ~ -
Y I ~ ~ Pao ua~ I
{ °2 I I
~ J n l ~
+ ~
Nayaoliou Sdr. ~
Ro• ~ coN:: Min ~ ~ ~I
/ _ ~ 9 I -
A f I
~ q 9 b ~ l'
F CO ~
°r ~
S~. 3 c~
w i ~
9'
i D
.l .4
Govt. I
a' ~ 3 aF ; 1` ~~,I ~
~ y I~
J 9
...1 ~ ~ 1R7 tT~`C a Novuvu Elam.6 Inv. Sch.
~ KEEL JCT.
t_, ~ e c,~ i
- MONAUNAU ~
~ ad: - I
a,~ ~z Hanaunau
a Figure 1
9
PII'IIHC)TJl1A n ~ i
The subject lot does not directly front the Mamalahoa Highway. It is serviced
by a 50-foot wide road and utility easement. (Figure 2)
111. PROJECT DESCRIPTION
A. Project Concept and Components
Rezoning
As noted earlier, the landowner is seeking to subdivide his 5.263 acre
property into two lots. If successful, he would convey the larger
portion consisting of 3.703 acres and an existing dwelling to Ms.
Baker. He would retain the remaining 1.560-acre area.
The landowner has already completed the survey and paper work for
a 2-lot "CPR" of this site. However, as of this date, the "CPR" has not
been filed and/or registered with the State. (Figure 3) Should the
rezoning request be approved, the applicant intends to proceed with
the conventional subdivision rather than the CPR route. It should be
noted that the configuration of the subdivided lots would be consistent
1 ' with the "CPR" lots. (Figure 4) He also has an approved Ohana
Permit for a dwelling on the 1.56 acre area (Appendix A), paid for
and installed a separate water meter for the ohana unit (Appendix B),
and has a applied for a building permit for the ohana unit. That
application, although approved by the Planning Department, is still
continuing being reviewed by the other agencies as of this date.
There is, however, an existing 480 square foot garage on the 1.56-
acre area.
The landowner intends to live on the property and improve and/or
expand upon the existing coffee farm on the undeveloped portion of
the proposed 1.56 acre area.
Use Permit
Should the Use Permit be approved, Ms. Baker would own and
operate the B & B. The original 2-story dwelling has three (3)
bedrooms. Building permits were issued for the conversion of the
exercise and study areas into two (2) bedrooms on the ground level.
Another building permit is now being processed for the conversion of
the carport into a recreation room with a bathroom. (Figure 5) The
dwelling presently consists of a living area of 4,235 square feet.
2
3HU. DIST.
cooKS ~ ~ ~ ~~16
tavoivc ~ \ G
~ P ' 1 202 f ~l ^ ,
~i' ~ ~ P ~ f IG cy Ip ,m.°,.~e, r.~r~x
P-- y
~ ~ e^ ~ ,m
_ ?~°5` 9 °y
o I e,.B,^R
~
/ I~z
OP~~ ~ s"`f, O
H .f/E er 5~ 5 s'~B 9°9 6- z= - 14 stw...~ °
Vil9/p~PBf{bi°P
SeBpc 6 1~mneo
~c. i cK~°.~..~~/r~.ie
\O t
d{. Re r "e/IB °I e ~\J 'r93'°'
on, 'B Brno
DIP I ` 1 ' `a/r' ~ 5? B o - e....,,. -
~K/Irpa~,p dl c pMC ;i, 'r?fi ~/e~~~_, .'~e
NR r^~G ;IIBr ~~Mr9 OPcb. _ ,~`9 ~yB
' J~JGI
Via/ dcGO P~dsbd O~ y O, t~s, ,r~,~~~A~ ~ cru
oY"~ I_,el,rU ,
~r ~i ~
1 ~ ~9~~ ~ p~ ~ cl Z A
I~ lyll Op. °K,.
cp! T e~4 ~4 sobv !
nblect'~itg ~ t ~ - Oi'y"''
b~ ° w
i tIL O` nL CS fP fE!/0'' PI 10°
La~~l en Rr./^' ~ M'N. ~ °°r` ° ie B22;~1 ~I~
.1f~ r°~ ,.s' Yr. Yen ITO.oI
o9d' Sag 24 5 C
~ 3 5
ti L_ P rl'-
°
9 5°° OZ
/L
!o
.QC ~ b° 10 p0
v~ 27
r G/V nfe ~ 0
. ~frN be _ ° ~
~ O ae~rc
RaBpr?e B° • ~rie ,j x F
rJ ~rTL pg ~q R`~
c e
a q?
by .,,~1, . /
A°b
I . Z o 4 P
3'
O ~
P -
o
CI`A` u g f
/ L. R~g91L OS
ir~"ci j ,
Nefv' Lob /C. O Ia 2B incl.
ItE p j orBlRnBrnr or ru.noH
~N ZZ• / nwnm ncxxalc orn0
iAJ[ MAPS 6RANCX
•un nr w.wur
~ / 7AX MAP
~ ~ THIxo rnx~noH ouTrlcr
LONE SK. auT
/ /
/ fOR PROIERTT ASSEESM n ~ ~ Z O~
POR K/LOq, WA/PUNAUCA, SOUTH KONA, NAWA// EYUER TO CXPNGE SUIE~ 1 W.= 20o FT.
`
a
e~
.A ~ .~5, a c =
.._.%`iu ~ .fie ~e2n
ae b ~1 y ,~q ~ k: a~a
w`a n i-` ~kt'
~ O w m~i ;i is
o ti u r 3 a.. a s _ €.s
y
t T 9 5s' `yik m N'N"~
y- ~ sir 7: yI rt. t`, y ~y~-g'a
o !
.~O g~NR S~: ~ k
N -
n~
e i ~
Yl
~ >
n.~{, ~ W .
f 4 ~
l •C j
r`-j~ I,~iOi
y I
~ H
~ ~ 6 ~ ~ ~
i~ t' ~
~
WW" ~ _ ; o
W
Z=4 ul a. W m
zti} ~~~Qr~- ov =2.r
i
[t ? I ti W „ O J p 3
J ~ O C ~
a ,r a ~Wti¢z m o acs ~
7 O Q¢ U ] C~
~ '4 ~ ~ ~Wi~4 m any
O ?g' z ~a aOO?c~i m~ .tea
_ _...;J i c ~ m c ~ ~
3 ~ " ~n
fi ~
k t~
~ m e - o
Iz i i .
x b Q
O b F-
b~W~ tl~ o
~JWW
~ W}
Foa ~ ~ $
° 2~e w
k y3^ ~mf
n
W
~ y a¢
a
a
d / $ '
Figure 3
a
¢
k
W~
4
yr64.. ' / ~ ~ ~
a~
- I _ 4
1.~ ~ t4 8 0
` ,:4 0 0
~ a j c ~a~~
_
{
c
- <
q ~ rr~M rv~ ~~db
< 'I j' Sa '~9~
'i; , J~ ~ ~ ~ :fit-a
.
a
1{€ ~ ~o
N g~ ~ q i
Y a r~
h ! ~i C O
t m F 00
a..l ~u ! ~I R Fyn o ~ Y~
z ~ , ~ ~ CU
A - - 2 O C ~ O
fit,. + yy~ - - ~ ~ ~h~ ~ ~ ~Z
O
w
f ,.j~ ~ ~ ~ ~ ~ ~e
i o
1 e o c
~~II t
h< ~
k I o~ y
~
~~H3
~ ~
i ~ _
it N
~ e Figure 4
I' ~
' sz sk ~ ' ~-T ~ rte, ,2_~-~-.-~`- r x i r
~ ~ xn ,-`~tr L t ~F 6fi`~&,e t ~ x @1e ~ ~
a ~ Tr-3 ~ r14 .t Y F ..vila~ v 2 ~ e~ x I
+P ' ~z ~ r 111 _
~ } {f
x ~ ~ "1 ~ ~1 ~J~1 ~ ~ 1 i t 1 ~ w f it h ~ r
u
F 1 i ~ ~ ~ ~ !R~ t
Hl C ;;'it
n ~~6' F .
ti tc T12~ )t~ t ~ av~~ ~i -~fl(' Std IL. ~y~
~ ° w1s e'vx ~ v~r „~gi~"d1 7'~ ~--{1 ii[[{lt{~ , 1., ~ ~ r
~ ,1 .~-+L> P >~3'" , 4J E f 1 . ~ ~ iY'~ S y~~i e.4 ~ ~~J~ t x~' F ~ .
~ hsx ~ - 7 ltr 7~d if~ ~Y,°~?~ 1~~ ~d~.
{ 1 m aP -x _ S W. a ~ c
O~ ~~Q'1 1 j
k i Y 3 # 1 _ gg ~'FI I }~~Rf i ~
t 'G G 1 ~k3- - f F'~~ ~ 11, ~f
~ ~ x ~ <q~ ~~~~1 li t~
~ ~ rr,
~ ;~S 's° a ~ °
t" s~:
1
y 1l (
~ times-r:-rc~.,~~^'*~~. ,y _
y x 4'w e
l ~p l
yb"
`b ab
('IJUhI WNUC ~P'.
~tl PL^~ I L
9a.0 i~ Y
m fJ~J m ~ d
d$g 3 ~y _
i 0. a
m
J LLnI, Y fi ~ ~ ~ - Yw T { S ~Y r
r o
Yom' ~ ~ liz5 ; t
o N
5 ~ ~ o)xwa YC c ~ ~b ~
~ ~
~ ~ o ~ A~~ ~ b~
^ A rt
IIIFFFOYdYY
111 w ~ Q OG ¢ g
MO
~x.~ n ~ _
r... /^x i ~ vo~Je~
l _ _ _ ~~n J
pG
- Figure 5
_ s=.~F°s
~ ~ DANIEL B. DECKER
g T M K >Ut_pi31 LLL
Ms. Baker intends to initially operate a 4-room B & B, as she would
occupy one of the rooms. In due time, she plans to convert one of the
other rooms and/or expand the dwelling to create the fifth rentable
bedroom.
Ms. Baker also intends to improve upon the coffee, avocado, and fruit
orchard farm on the balance of the 3.703-acre area. The smaller area
should enable both Mr. Decker and Ms. Baker to more actively tend
to and improve their proposed respective areas of the farm.
Understandably, the farm would supplement and serve as an amenity
to Ms. Baker's B & B operation.
The applicants further believe that while the coffee industry is
supported by large-scale, commercial farms, the smaller, family-
owned farms make a significant contribution to the industry. There
are quite a number of families in this area raising coffee on less than
5 acres of land, mostly for supplemental income.
It is understood that the subdivision plan submitted herein may
change prior to receipt of final subdivision approval to accommodate
County subdivision requirements and appropriate conditions of
approval.
B. Project Timetable and Cost
The applicants hope to secure the necessary County rezoning
approval as soon as possible and begin the subdivision process
immediately thereafter. Tentatively, plans call for having the land
subdivided by early to mid 2003.
The estimated cost of improvements, if any, should be quite nominal,
as the 2"d water meter is already installed. The construction of the
transmission line will be done in conjunction with the construction of
the 2nd dwelling. The driveway access is already improved with a 10-
foot wide pavement.
IV. INSTITUTIONAL CONSIDERATIONS
r A. State Land Use
The subject area is designated Urban. As such, no action by the
State Land Use Commission action is required. The County of
Hawaii can process the rezoning request.
3
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates site Medium Density, although a precise
measurement may reflect a small portion of the lower section of the
subject site to be within the Orchard area. Given the State Land Use
Urban designation, however, it would appear that the site would be
more appropriately interpreted as Medium Density. The proposed
revision to the General Plan does not contemplate any change in this
area.
The Medium Density designation refers to "Village and neighborhood
commercial and residential and related functions (3-story commeroial,-
residential - up to 35 uhits per acre). The Orchard designation refers
to "Those agricultural lands which though rocky in character and
content support productive macadamia nuts, papaya, citrus and other
similar agricultural products."
Based on the requested Residential-Agriculture (RA-1a) designation,
the project would be consistent with the General Plan and no
amendments would be required.
C. Draft Kona Regional Plan
This plan attempts to further define the General Plan and serves as a
guide for decision-makers. In 1984, it was adopted by the Planning
Commission. The County Council has not, however, adopted it.
The Land Use Concept map of this plan identifies the A-1a
designation for this area. This designation suggests agricultural uses,
with lots no smaller than 1-acre. The requested RA-1 a zoning would
be conceptually consistent with this designation, as there will still be
some measure of agricultural component to the project.
D. County Zoning
The County zoning of the subject property is Agriculture (A-5a).
Properties immediately mauka of the subject property are zoned RA-
1a, A-1a, and CN-7.5. Properties immediately to the south are within
the State Land Use Urban district and zoned A-5a by the County.
Properties makai and north of the subject site are zoned A-5a and
designated Agriculture on the State Land Use map.
4
If approved, the site would be subdivided in a manner meeting with
both the Zoning and Subdivision Codes. Further, all uses and
standards consistent with the requested RA-1a zone would be
adhered to.
All of the requirements relative to a B & B, as outlined by Section 25-
4-7 of the Zoning Code would be adhered to. These relate to parking,
number of guests, and the like.
E. Use Permit
Section 25-4-7 of the Zoning Code requires a Use Permit for a B&B in
the County Agricultural, among other, zones. it also outlines a
number of standards. A discussion of these standards and their
relationship to the subject request follows.
1. The proposed B&B will be subordinate to the principal use as a
residence. The applicant intends to live in the dwelling.
2. As noted earlier, the operator of the B&B will be the owner who
will also reside in the dwelling.
3. The proposed B&B will be located in the basic dwelling. None
of the units will be housed in a detached structure.
4. There will be no more than five (5) rentable guest bedrooms.
5. The maximum number of guests at any point in time will be
limited to ten (10) individuals.
6. Only breakfast meals will be provided to the guests.
7. There will be a parking stall for each of the rentable rooms.
Some of the stalls will be paved, while the others may be of
hard-packed, gravel.
8. A B&B sign, consistent with the provision of the Sign Code, will
be provided.
Thus, the requested B&B will meet with all of the standards for a B&B
as outlined in the Zoning Code.
5
F. Relationship to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal Zone Management
(CZM) Area, some discussion of the request's relationship to the CZM
Program follows.
The site is not adjacent to the ocean. It is more than two (2) miles
from the shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is remote. As the site was previously cleared, it
would not appear that there are any archaeological features within the
area of the proposed improvements. Should there be any inadvertent
finds during construction of the project, work will stop until clearances
are received from the appropriate County and State agencies.
The proposed action will involve the construction of improvements in a
semi-urban setting. Accordingly, there is a potential visual impact to
the area's scenic and open space resources. However, the project
would result in asingle-family dwelling on each of the proposed lots.
These dwellings would be less than 35 feet in height, although the
limit is 45 feet in the agricultural zone. Further, the site is not visible
from the Mamalahoa Highway and thus any visual impact to the near
or off shore waters would be minimal.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located well over two (2) miles from the ocean.
Notwithstanding the distance, the nature of the project (a B&B and
small farm) and the construction of only two private wastewater
systems are such that potential coastal ecosystem impacts would
usually not be found.
The proposed action will result in creating the potential for agricultural
farm lots in this area. This should thus provide additional
tq, opportunities for farming, at least on a part-time basis. The B&B will
also add tax revenue and increase overall visitor spending.
Accordingly, the project would aid the agricultural and visitor industries
and the overall economic use of this site and the area in general.
6
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned RA-la,
and the requested use and design/parameters (parking, height,
setback, etc.) would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will be sent by the applicant to
surrounding property owners of the submittal of the application, and
again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating
to Special Management Area.
G. Other Permitting Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
Underground Injection Control (UIC) permit, Plan Approval for the
B&B, building permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject parcel is located less than a mile from the core of the
r: village of Captain Cook and approximately two (2) miles from the
ocean. The parcel is gently sloping, ranging from an elevation of
1,400 feet to 1,500 feet above mean sea level.
The mean annual rainfall in this area ranges between 60 and 75
inches. The wetter months tend to occur between March through
7
September. The mean annual temperature is about seventy-five (75)
degrees Fahrenheit, with the warmer months during the summer.
Because the site is situated on the leeward side of the island, winds
tend to be light and variable. Slight easterly winds occur during the
day, while westerly or mountain winds are prevalent during the
evenings.
The subject parcel is somewhat rectangular, yet irregular, in shape. It
is slightly narrower at the top (160± feet) and widens out near the
bottom 230± feet). Its length is a little more than 1,000 feet.
There is an existing 10-foot wide concrete driveway leading to the
dwelling. This should be sufficient for the proposed 2-lot subdivision.
The site has asingle-family dwelling and a garage. For the most part,
the site has been cleared and planted in coffee and other fruit trees,
such as avocado. However, a portion of the site (particularly on the
lower end) is somewhat overgrown with mid-level shrubbery and
weeds.
B. Soils and Toposaraphv
The topography of the site slopes slightly in a mauka (east) to makai
(west) direction. There is a gradual 10 to 15 percent slope running
mauka-makai.
The US Department of Agriculture Soil Conservation Service Soil
Survey Report classifies the soil to be of the Napoopoo-Pawaina
complex (259E). The Napoopoo soil has a surface layer of 0 to 12
inches of black, cobbly silt loam. The Pawaina soil's surface layer is 0
to 3 inches of black, silt loam. Permeability is rapid, runoff is slow,
and the erosion hazard slight for this soil type. The subsoil is neutral
to mildly alkaline. This type of soil is typically used for orchard crops
~ and grazing.
The Land Study Bureau Overall Master Productivity Rating for the
subject area is essentially Class "C" or fair (C52). This suggests the
site has fair productivity potential for agricultural crops. It is of the
Honuaulu soil series, with moderately deep to deep soil. The soil
r texture is moderately fine, the color is dark brown, and the parent
material is volcanic ash. It is well drained and, because it is rocky with
frequent outcrops of pahoehoe, is not suited for machine tillability.
This type of soil is typical of the coffee belt.
8
The State of Hawaii's Agricultural Lands of Importance to the State of
Hawaii (ALISH) maps classify this site as being either "Unique
Agricultural Land" or "Other". Due to the scale of the map, it is difficult
to discern the exact designation.
C. Natural Hazards
1. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates most of the project site to be located in Zone X,
areas outside the 500-year flood plain.
2. Tsunami Hazard
As the site is located over two (2) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the
area as Lava Flow Hazard Zone 3, on a scale of ascending risk
9 to 1. This is similar to the City of Hilo and the Waikoloa
Resorts area. Kailua-Kona falls in a less risk zone of 4. There
is very tittle that can be done to mitigate this situation and
reflects an ongoing threat to atl residents and businesses in
these areas.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, certain
structural requirements will be needed and taken during the
` building permit process to address this seismic hazard.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or
faunal resources of the site, the applicants do not believe that rare or
endangered floral or faunal resources are likely to be found within the
subject site.
The site has already been cleared in the past and used as a coffee
farm. A visual inspection of the site confirmed the presence of mature
coffee trees. A few monkey pod (Samanea saman) and AfricanTulip
9
(Spathodea campanulata) trees were observed. The undergrowth
consisted of patches of lantana (Lantana camas), Christmas Berry
(Schinus terebeinthifolius, and the pesky ivy gourd (Cocinia gsndis).
Thus, floral impacts should be minimal.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk /'o) and the Hawaiian OwI (Pueo). Further, the
cleared and rural nature of the surrounding area would make it less
likely to find endangered animal life in the area.
E. Historic/Cultural/Archaeological Resources
As the site has been cleared and used as a coffee farm in the past,
no commissioned archaeological survey of the site was made. The
former clearing makes it less likely to find any archaeological features
on the site.
Nonetheless, during the course of improving the site, should any
unanticipated archaeological features or sites be uncovered, work will
cease and the applicant will immediately notify the Planning
Department.
e- H. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by native
Hawaiians. However, as the site has been used for coffee in the past,
it would appear unlikely that the site would serve such purpose today.
In the unlikely event that legitimate gathering claims are made by
native Hawaiians, the applicant intends to respect and honor such
claims and provide the needed access within the site.
10
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
I. Water and Coastal Resources
The subject site is located well over two (2) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a non-
. coastal property, no coastal access will be affected.
Wastewater from the project will be serviced by a sewer system
meeting with the approval and requirements of the State Department
of Health. This will either be a cesspool, septic tank or related
system.
I. Noise. Air Quality. and Dust
The Mamalahoa Highway will serve as the main access to this project.
The existing ambient traffic level in this area is quite low. As such, the
corresponding noise level is quite low. With the completion of this
project, the noise level is not anticipated to increase significantly.
There may, however, be short-term noise impacts associated with the
construction of the infrastructure (such as water service lateral and
driveway access improvements) for the proposed subdivision.
Contractors will be required to comply with appropriate noise and
related mitigation measures of the State Department of Health.
The proposed development should not generate any direct air uali
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
I impact to the ambient air quality, the impact should not be significant,
as the project will increase the density by only one additional unit.
The amount of guests will be limited, and the traffic pattern should not
be significantly different than a typical residence. Further, with higher
EPA standards for automobile air emissions, the air quality impact
should thus hopefully not be significant.
4
As such, with the exception of construction dust in the beginning, long
term dust generated by the project should be minimal. Construction
dust, however, like construction noise will have to comply with the
State Department of Health's regulations.
11
J. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as being a scenic resource. The subject site is not listed
as a scenic site. However, there were a few examples cited in the
Kona area. The most notable relative to this area is Kealakekua Bay.
The proposed development would not have any visual impacts on the
Bay. Although the site is located makai of the Mamalahoa Highway,
there are intervening properties. As such, the site is not visible from
the Highway. Then, too, the structures to be constructed on the site
will be no different than other structures in this area -single-family
residences.
~ VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally semi-rural in nature. There are
some small family-type coffee farms on properties makai and to the
immediate north and south of subject site. Those properties are
zoned A-5a. Properties located generally mauka of the site are zoned
RA-1a as well as CV-10. There are also some A-1a zoning along a
portion of the mauka area.
The village of Captain Cook is located less than a mile to the north,
where there are lots of urban type of uses, including a County park,
theatre, and hotel.
Given the existing and zoned conditions, the proposed development
would not be incongruous with the emerging rural-residential pattern
of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would enhance the potential for the subject site to be more
intensively utilized as a coffee farm. A B&B would also mean added
~ revenues for the County and State, as well as additional expenditures
within the community by the guests.
Further, there will be some small short-term construction activity
associated with the improvements. Collectively, these would help with
the area's economy.
12
C. Aariculturallmaacts
As noted earlier, the site has not been intensively used agriculturally
recently. Given the surrounding agricultural uses and the partially
abandoned coffee orchard, however, its potential to be more
intensively used exists. Allowing the applicant to subdivide the
property into two lots would not diminish the site's agricultural
potential. It would actually enhance it. The site would be more
manageable from a size standpoint (1+ and 3+ versus 5 acres).
The applicant's rezoning proposal would thus help foster the
agricultural objectives by making available good-sized agricultural
coffee lots. The B&B request would also be complementary of the
agricultural activities.
~ VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Immediate access to the project would be via an existing 20-foot wide
w road and utility easement within a 50-foot wide right-of-way. This
easement extends to the Mamalahoa Highway.
In this area, the Mamalahoa Highway has a right of way of fifty (50)
feet. The pavement width ranges between twenty (20) to twenty-two
(22) feet. There is adequate sight distance in the area of the existing
access.
B, Water
There is an 8-inch County water line fronting the Mamalahoa
Highway. Water is already available to the project site. The applicant
also has another water meter for his ohana unit {see Appendix B).
County water is thus technically available to the two proposed lots.
C. Wastewater
There is no County wastewater system in this area. As such, the
existing dwelling will continue to use a cesspool. The second dwelling
will either use a cesspool or a septic system meeting with the approval
of the Department of Health. The new system will be done by the
applicant and/or respective landowner in conjunction with the
issuance of a building permit for the ohana dwelling.
13
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested RA-1a zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all. It should
be noted that the applicant intends to retain most of the vegetation on
the site and use if for composting for his farm. Thus, waste from this
project would be pretty much limited to the equivalent of two (2)
homes.
E. Other Government Services
As this area is already part of the South Kona urban area, it is already
being serviced. No extension of government services would be
required. The nearest fire station and police station are located in
Captain Cook, less than a mile from the subject site, There is also a
County park and community center in Captain Cook.
In this area, elementary schools are available at Honaunau and
Konawaena. Middle and High Schools would be available at
Konawaena, less than three (3) miles away.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationshia Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
If the requests were denied, the short-term use of the site would
probably continue in low level agriculture or lay fallow. The landowner
would still construct the ohana dwelling on the site and may elect to
do limited agricultural activity on a portion of the site.
Given the rural (A-1a and RA-1a) and urban character of the some of
the mauka properties, there may be pressures for the subject property
14
to be similarly urbanized or be more intensively developed. From an
agricultural perspective, a more intensive residential subdivision may
not be the most feasible use of the site.
From along-term productivity standpoint, then, the proposed 2-lot
subdivision would provide a heightened level of possibility in having
the land used for more intensive agricultural activity, while not putting
significant stresses on the area's infrastructure.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not
result in an irreversible commitment of natural or archaeological
resources.
The soil on the parcel has been classified "C" or fair by the Land
Study Bureau, representing fair agricultural potential. This is
evidenced by the abandoned coffee orchard on the site. It is thus
maintained that the creation of the 2-lot subdivision should foster and
enhance, instead of remove this land from its more intensive future
' agricultural potential.
C. Mitigative Measures
The applicant intends to make improvements, if necessary, to be
consistent with the subdivision process. And if construction is
required, contractors will be obligated to comply with appropriate State
noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County) and clearance secured before
work is resumed.
There is no existing drainageway on the property. Any and all
required grading or grubbing work will be done in conjunction with the
required permits and/or SCS Agricultural Plan. This is to assure that
the development of this site does not adversely affect the drainage of
the surrounding areas.
Finally, there will be no person or businesses to be dislocated by this
project.
15
D. Alternatives to the Proposed Project
1. No Proiect
Under the status quo alternative, the site will continue to
remain in its semi-fallow state.
The site could also be sold to one who may be interested in
farming the site. However, it would be equally possible to have
the land sold at market price to a "gentleman farmer."
Given the present mixture of land uses and lot sizes in this
area and proximity to urban areas, the site may not be utilized
to its fullest agricultural potential.
2. Alternative Density
Under this alternative, the applicants could seek a more
intensive zoning, such as RA-.5a or RS-15 zoning. All of these
zoning categories would arguably be consistent with the
' adjoining RA-1a and CV-10 zonings on the mauka side of the
subject site.
- Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of
agricultural activities, such as truck crops or coffee farming in
this area.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures will be taken to address any possible
impacts associated by the development of this project. Further,
~ the project would be consistent with the land use objectives
sought to be accomplished by the County General Plan
LUPAG map.
~ In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested RA-1a alternative.
15
IX. REGULATORY ANALYSIS -REZONING REQUEST
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The LUPAG map designates the site Medium Density. This
designation allows the requested R,4-1a zoning without a General
Plan amendment.
~1
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer-term opportunities
would be created largely in the form of small-scale truck crops or
coffee farms. In so doing, the resultant project should add revenues
to the County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of wind patterns.
Maintaining and imprgving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns -air pollution, water quality, soil
f pollution, solid waste disposal, and noise pollution. As proposed, the
[ project would not be violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the
project should be negligible. All wastewater systems would be
consistent with the requirement of the State Department of Health.
This should be sufficient to address any potential groundwater or
r coastal water impacts.
If required, a solid waste management plan could be prepared and
implemented. The project will also not be a noisy one, except as may
be associated with the farming operations. Any noise-generating
_ facility -such as air conditioners -would be carefully placed to
17
minimize their noise impacts to adjoining properties. Further, it is
unlikely that this site would be used as a coffee processing plant, as it
would be more economical to send the products elsewhere.
The project area is outside of any floodway. Nonetheless, if required,
a drainage system will be designed in a manner to protect the
property as well as to minimize the volume of surface runoff
generated by this development.
The site does not appear to have historic sites. It has already been
extensively cleared and actively cultivated into a farm. Nonetheless,
work will cease if unanticipated archaeological remains are discovered
while continuing its farming operations. Work will resume only after
proper clearances from the State and/or County have been received.
Being under cultivation, the prospects of the site serving as a habitat
for rare or endangered plant or animal life appear remote.
As the RA-1a zoning would allow a residence, the project will
indirectly fulfill the objectives of the housing element by creating an
additional lot.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project has been used in a
manner where it blends with the existing terrain.
As the project site is more than two (2) miles from the ocean, the
usual coastal resources concern is not pronounced. There will be
no interference with shoreline access. Then, too, through the use of
cesspools or septic system or other acceptable form of wastewater
system, impacts to the coastal water will be minimized.
There will be little impact to public facilities. The wastewater system
will be private. The water system will be developed in a manner
meeting with the requirements of the Department of Water Supply.
Vehicular access to the site will be improved by the applicant.
Schools and other public facilities are also located proximate to the
site, most of them being less than one (1) mile away.
Finally, in terms of the Land Use and Agricultural elements, the
pertinent goals, policies, and standards of the General Plan note the
following:
18
• Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public
~ services and utilities, access, and public need
• 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
• 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.
In view of the foregoing goals and policies, it is noted that the
requested zoning would be consistent with the Medium Density
designation of the LUPAG map. It would also be generally compatible
with the surrounding area. There are A-1a, RA-1a, CV=f,~3 zoned
properties proximate to the subject site. There is also an A-5a zoning
makai of the subject site. Thus, the requested zoning would provide
a good zoning buffer between the urban and non-urban activities of
this area.
Although the soil of the site is classified "C" or fair, it does have
agricultural potential, as evidenced by the abandoned coffee orchard
on the site. This request should thus encourage more intensive
agricultural activities on the site. This lot size would be conducive for
14
not only the applicant but make another lot available to one who
wishes to improve another portion of the abandoned coffee orchard.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. Zoning and Subdivision
The designated zoning of the site is A-5a. Should the RA-1a zoning
be approved, the requirements of the zoning and subdivision codes
would be complied, including use and related development standards.
D. Use Permit for B & B
X. REGULATORY ANALYSIS -USE PERMIT FOR BED AND BREAKFAST
According to Section 25-2-65 of the Zoning Code, a Use Permit may be
granted if certain criteria are met. These criteria and their relationship to the
requested use follow.
A. Relationship to general purpose of Zoning District intent and
purpose of Zoning Code. and General Plan
The Zoning Code essentially considers bed and breakfast
establishments permissible, subject to the issuance of a Use Permit,
within the Agriculture zone. This site is zoned A-5a, and thus, the
concept of the B&B use is inherently permissible. (It should be noted
that until an amendment in 2000, a B&B was considered an outright
permitted use within the County Agriculture zone.)
Further, the standards for a B&B as outlined in the Zoning Code
(Section 25-4.7(b)(1 to 8) would be complied with. These relate to
matters such as nature of operation, number of rooms, guests,
signage, parking, and the like.
Plan Approval will be secured subsequent to, hopefully, the favorable
action on this Use Permit.
Based on the foregoing, the requested Permit would be consistent
with the spirit and intent of the Zoning Code.
The requested use would also be consistent with the General Plan.
The General Plan Land Use Pattern Allocation Guide map designates
20
the site Medium Density, which refers to properties that could support
single family and multiple-family residential and ancillary uses. In this
case, the site is within the Urban District and zoned Agriculture 5-acre
(A-5a) and proposed for Residential-Agriculture 1-acre (RA-1a). The
existing and propose designation is generally consistent with the
General Plan.
B. Imaacts to Community Character and Surrounding Proaerties
The immediately surrounding properties are zoned Agriculture, 1-acre
and 5-acre (A-1a and A-5a), Residentia!-Agriculture, 1-acre (RA-7a
and Village Commercial (CV~~). The uses in this area are a mixture
of urban and agricultural activities. As such, impacts to surrounding
properties should not be significantly adverse.
The number of guests would be limited to no more than ten (10)
guests within five (5) rooms. As no organized activities for guests are
planned, the B&B would generate visual, noise, and traffic impacts
that are typical of a family. The function would thus be different from
other accommodations (tike a hotel) where there would be live
entertainment and other activities that would not be typically found
within a residential area.
Further, as the planned improvements would still be of a residential
nature, approval of this request should not result in changing the
character of the area.
Then, too, from an economic perspective, this type of use would add
to the community and county's benefits. In this era of eco-tourism,
this type of facility is needed. It is geared for the traveler who likes to
explore independently, choosing its own itinerary, usually of the non-
resort activities.
Thus, this type of facility would provide the alternative accommodation
being sought by many visitors. As such, it should not be considered a
"threat" to existing resorts. Rather, they are more complementary. If
these type of facilities are not developed or provided on the island, the
vacation seeker may look elsewhere -not at a standard hotel, but at
similar type of B&B or vacation rental here on this island or other parts
of the State or world.
It should also be noted that many operators of B&B provide
informational guides to their guests. These include information on
dining and shopping, many of which are located in existing resort
21
areas. In that way, existing major resorts -largely through its
restaurants and recreational amenities -sustain the economic
benefits of the guests of a B&B.
C. Infrastructure and Government Services Imaacts
The proposed uses would not unreasonably burden public agencies to
provide roads and streets, sewer, water service improvements.
County water is already provided to the site, and the existing
wastewater system is sufficient for the project.
Access to the site is via a 50-foot wide easement with a 20-foot wide
pavement. This easement eventually touches the Mamalahoa
Highway. The County Fire and Police Stations are located less than 1
~i~ mile from the project site, and the pavement width should be more
than adequate to accommodate those vehicles, in the unlikely event
that their services are needed.
h~,
22
MYY Or„ ~
O'
itephen K Yamaahiro Vt~nv< ~`~II
Major Dinzmr
- Norman Olvl
(~~>xnf~r v~' ~ttGrt~ii
PLANNING DEPARTMENT
25 Aupuni Strxt, Raau 109 • Hilo, Hzrzii 96720-1252
(808) 961.8288 • Fez (808) 981.9615
CERTIFIED MAIL
P 008 113 702
May 15, 1995
Ms. Catherine S. Decker
P. O. Box 492
Captain Cook, HI 96704
Dear Ms. Decker:
Ohana Dwelling Permit (OHD 94-356)
Catherine Decker
Tax Mab Kev: 8-2-03:31 Lot 2
The subject application has been reviewed by the concerned agencies
and note:
1. The subject tax map key parcel is served by an acceptable
street;
2. The subject application can meet with the State Department of
Health wastewater treatment and disposal systems
' requirements;
3. The copy of document(s) received relating to subject tax map
key parcel to establish title and exhibits contained therein
do not include any deed restriction or covenant to prohibit
construction of requested ohana dwelling; and,
4. The site plan denotes two off-street parking stalls on the
property.
In view of the above, by this letter, you are hereby granted
permission to construct the Ohana Dwelling (94-356), subject to the
following condition(s):
APPENDIX A,
Ms. Catherine S. Decker
Page 2
May 15, 1995
(a) The building permit for the Ohana Dwelling shall be applied
for and secured from the Department of Public Works, Buildinc
Division.
Please brin or attach a co of this Permit to ex edite
processing the buildina clans and building permit applicatio
to construct the ohana dwellina.
(b) Off-street parking space for two vehicles is designated on
the submitted site plan to fulfill the off-street parking
requirement. The off-street parking spaces may not be
employed for storage or other use unless and until approved
alternative on-site parking arrangements are established.
r,' (c) All construction drawings together with approved site plan
drawn to scale submitted with the ohana dwelling building
permit application shall denote location and identify
required two (2) off-street parking spaces.
(d) This Ohana Dwelling permit is subject to all other applicable
rules, regulations and requirements, including but not
limited to those of the Planning Department, Department of
Public Works, and State Department of Health.
Should you have any questions regarding the above, please feel free to
contact Rodney Nakano of my staff at 961-8288.
Sincerely,
JJ i~
',(1~7IRGI ~ A GOLDSTEIN
yy Planning Director
RKN:mjs
LDecker2.rkn
xc: Department of Health,
Chief Sanitarian
Department of Public Works
Real Property Tax Division
West Hawaii Office
1viP,P KEY ..::''"..:':L.." LGi NC. ~'0% _ IP~c~`'._ _
undersigned hereby applies to the Vepartment of itiafer Supply of the County of iiawaii, fur wafer service andior meier ac arc abuvr iucaiwn.
ding approval, and in consideration of the installatian of such service and met?q agrees to pay a!I charges irturred upor. such location for such
or cervirr and to abide by all rules, reeuiations and provisions prescribed by said Commss:an reiafine to water srrvicz, and orirates.
of ADOilcdtlnn r'`. ~Cs". ifiune f4o. _ _ Applicant's name
_ lj-
~e Code..3~? ._..:..ays,?m Code ........Rate Area.. Owner's name .
a-
. Amortized Cusi By AuthS~izcd Ager,~ .
pose ,.t .
a
:porary ~DDSit 5 - Nn _ Serd b:.l s f, Mows
~G~. r.. g ->r Name 7 - C.f...'`! r ; t is+-=
"fries Charges $ rr~ Inst. Ch i• " • • •
kOrder No t~v''~s)L': 1~rr~mr .
Addres rd ~
'.er Nc. . Stet r~°~~.~r .~/yrFt',l, .~,,t7pL~.. f
ling when insiaiied . vale ' ~ ~ F..
//f/ i ~ ~
ration Agreement Backflow Preventer x~ ~,C. i ~ ~s°' ^;q1.; r: ' °-~3~ "°"'~~'~'^'~~f
{~pj>Itcmtt srsygnafure l Uate
it Deposit '~--s~= - f~
~rvice starthe~ ~ • /t~,tp~j„.J... Recervymaq Cv
l~pugq yq}!{, p g ~a ggyw pig _ _ ..g
nark=... vt i"r:9ritA !'~i 7r~a~~i/',r~1.d i~"7. , 665 A~~ ®h_^U ~lJ '"'v'.le~~~ G9,J~i'LL~i9f~ 9~GH9 ~64'S it
j i.% i.
/t
~ l ~ c~s~o~~ea
_ _ -
- -
y
o~,l . i III I! I lo, I ~ ~ ~ I I~ I,
J F~f ~ ~ Q~ ~ _rs i N I i1
i. i I
Ee.~ k,1
i~ I' ~f I k I I I I i ~.i ! I
~ a ~ g ~ , i lI ~ I o~
U ~ ;y~q•yv)iI{} c~' ~It ~I I'~ I s#i.. III
S&. ~ J i~ i i
III .1£' ~ V~ i VI"~, i I ~ I
~ O ~ I h ; r ' : I
~ ~ ~ I ~ II III ~ ~ ( ~ ~ ri I n I~ ~ ~ ~ z~ ~~o
r'% I ~ Ili- f.~ I ~ I ,Ir
~ ~I I ~~I w al ~ j I ~ j~~l~~~-ally
P Ili I I ~ ~ ~ w ~
f~~-i' II I I ~ g ~ ~ I ~ Iw~_ I i tri, i v'--7 n~
Q ~ I'~ II ¢I Iwl~ N~I='i, 1-'~ iu~'~It~ls
k~,ye ~ w w i:, w J F u w w ,a ¢ ~ w! L`.1 1
e'1 i~f J I> ',W .ii ¢ i I-rt '~~I K a I 5 1~ l i r U i II.°~
w~ I W I¢ l u >W ~w U l n l H ! m W LL~
> ~ 6Z~~ ~ w w ~ wl-~ ~W~ m - ~ ~ w ~ u U ~ G li
w'J ws 'w g ~ :4 try n I = ~ ~
=i
~~~s Qec~ ~ n~t~ Q~~~P insG~+L~ ~ u~u, ~6~oZ)
APPENDIX B
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Vanance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Pertnrts
• Environmental Repods
November 21, 2002
Mr. Christopher Yuen, Director Nl7V 22 PM t?:
Planning Department
COUNTY OF HAWAII 7~$j~^~^`
101 Pauahi Street b'ouNrv tir:P ' j
p~NG
1k6:E,"
Hilo, HI 96720
ATTN: Ms. Susan Gagorik
Deaz Mr. Yuen:
Subject: Use Permit Request (USE 02-008) -Viviane Baker
TMK: 8-2-003: 031
This is to confirm my discussion with Ms. Susan Gagorik of your staff this date
regarding the subject matter.
The applicant, Ms. Viviane Baker, has informed me that she would like to reduce
the number of rentable rooms from 5 to 4 for her proposed B&B.
Please also note that the existing dwelling has 3 bedrooms on the top level. The
applicant is in the process of applying for a building permit to convert 2 rooms on the
lower level into suite bedrooms. The converted rooms will be the a) "exercise" room,
which will also include the "playroom"; and b) "study" rooms, which will also include
the "recreation" room. These are noted on the attached plan. When completed, the
dwelling would have a total of S bedrooms, one of which would be occupied by the
applicant.
Should you have further questions on this matter, please feel free to contact me.
Thank you very much.
'ncerely~
SIDNEY M. FUKE
Planning Consultant
Enclosure
Copy - Ms. Viviane Baker w/ enclosure
I~r r i
~ i ~
W{ WA)FA'
O'``, f
b~'pi
IP DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
e
345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720
~fi ~p
W,. XAWP~~' TELEPHONE (808) 961-8050 F 808 961-8657
October 1], 2002 ~Li~ ~ ' n
. ~,il
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 02-018)
REQUEST: AGRICULTURAL (A-Sa) TO RESIDENTIAL (RA-1 a)
APPLICANT -DANIEL DECKER
USE PERMIT APPLICATION (USE 02-008)
REQUEST: ALLOW FORA 5-BEDROOM BED AND BREAKFAST
ESTABLISHMENT IN AN EXISTING DWELLING
APPLICANT - VIVIANE BAKER
TAX MAP KEY 8-2-003:031
We have reviewed the applications for the proposed change of zone and establishment of a 5-bedroom
bed and breakfast in an existing dwelling and have the following comments.
The applicant has two service laterals serving 5/8-inch meters; one for the existing dwelling and one
will be for the ohana dwelling to be constructed. The current water availability conditions for the
South Kona area, which is subject to change, is such that we cannot support this Change of Zone
Application.
Since the average daily water use for the existing facilities is below the maximum 600 gallons per day
(gpd), we have no objections to the proposed establishment of a 5-bedroom bed and breakfast
operation within an existing dwelling. Should the applicant exceed the maximum 600 gpd, the
Department reserves the right to request that the applicant install a larger meter and pay all applicable
fees. However, as a condition of approval, the Department of Water Supply will require the
installation of a backflow preventer (reduced pressure type) by a licensed contractor on the applicant's
property just after the existing meter. The installation and assembly of the backflow preventer must be
inspected and approved by the Department. The backflow preventer shall be operated and maintained
by the customer. A copy of our backflow preventer handout is being forwarded to the applicants to
help them understand this requirement.
EXHIBIT
/ / .,i f r.
UUa~er brinc~~ ~roc~re~~...
Mr. Christopher J. Yuen, Planning Director
Page 2
October 11, 2002
Should there be any questions, please call our Water Resources and Planning Branch at 961-870.
Sincerely yours,
Milton D. Pavao, P.E.
Manager
SHK: dms
copy -(w(att.) Mr. Daniel B. Decker
(w/att.) Ms. Viviane Baker
(w/o att.) Mr. Sidney M. Fuke
(w(o att.) Cross-Connection Section, DWS Microbiology Laboratory
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 9672(` • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permus
• Environmental Reports
November 4, 2002 '"~~1~ ~ 1 3~{
FL~',t j9~ll~i~; Di I ,'~EE1T
Mr. Christopher Yuen, Director GU'~JR3 i l G~ f ~•",ii
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: "Rezoning Request (REZ 02-018) -Daniel Decker
Use Permit Request (USE 02-008) -Viviane Baker
TMK: 8-2-003: 031
This is in response to the Department of Water Supply's (DWS) comments, dated
October 11, 2002, regarding the subject applications.
It is true that there are two (2) water meters assigned to the subject parcel. If the
subject requests are approved, the subject property would be subdivided into two (2) ]ots.
The applicant intends to have a water meter assigned to each of the lots. There would
also be a stipulation - as noted in the application -that no ohana units would be
constructed on either of those lots.
As such, notwithstanding the County DWS's policy of one water unit for each
existing lot of record, water for the proposed 2-lot subdivision would still be available.
Furthermore, the requirement for the backflow preventer for the meter serving the
proposed B & B will be complied.
We trust that this adequately responds to the DWS's memo. If not or if there are
further agency comments or questions on these matters, please feel free to contact me.
Thank you very much.
. 'nc~rely,
SIDNE . FUKE
Planning Consultant
Copy -DWS
Viviane Baker/Dan Decker w/o enclosure
i
e
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
f'!_f ' i l~,i; ~ .Ti°°,I~NT DATE: October 30, 2002
CGGL~dlti I'=::r.%~~II
IAemornndum
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief
Engineering Division
SUBJECT ?Change of Zone Application (REZ 02-078 )
Applicant: Daniel Decker
Use Permit Application (USE 02-008 )
Applicant: Viviane Baker
Location:
TMK: 3 / 8-2-003:031
We reviewed the subject application and our comments are as follows:
BUILDING
Buildings shall conform to all requirements of code and statutes pertaining to building
construction, (see attached memorandum from our Building Division).
DRAINAGE
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2. If required by DPW, a drainage study shall be prepared, and the recommended
drainage system shall be constructed meeting with the approval of DPW.
EARTHWORK
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii
Administrative Rules, Department of Health, which requires an NPDES permit for
certain construction activity.
EXHIBIT
~,,.;v_.
Decker/Baker
TMK: 8-2-003:031
October 30, 2002
p. 2 of 2
ROADWAYS
1. The road fronting the subject property, is a private road. It has an approximate 20-
ft. wide pavement (in fair to good condition), with gravel/grass shoulders, within an
approximate 50-ft. right-of-way. The road would not meet current dedicable
standards required under the subdivision code.
2. The intersection of the private road, serving the subject parcel, and Mamalahoa
Highway is under the jurisdiction of the DOT. Rezoning the parcel will set a
precedent for rezoning other properties taking access from this private road.
Comments should be obtained from the DOT.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
VN4Y er 4,k~i
`o~~_ BUILDING DIVISION -DPW
.+>~~t COUNTY OF HAWAII - 25 Aupuni Street -Hilo, Hawaii 96720
,,r,•d?'h~~:
- Hilo Office (808) 961-8331 Fax (808) 961-8410 Kona Office (808) 327-3520 Fax (808) 327-3509
2002
Memorandum
TO: AN E L gineering Division
FROM: IA Y. KAWA, Acting Building Division Chief
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 02-018)
USE PERMIT APPLICATION (USE 02-008)
Applicant: DANIEL DECKER, VIVIANE BAKER
TM K: 8-2-003:031
Location: WAIPUNAULA, SOUTH KONA, HAWAII
Our comments on the subject application are as follows:
? We have no comments or objections to the application.
? Approval of the application shall be conditioned on the comments as noted below.
® We oppose the approval of the application for the reasons noted below.
? All new building construction shall conform to current code requirements.
? The subject dwelling/structure currently has outstanding violations which shall be corrected.
® The Building #945841 #955451 and Plumbino #955337 permit for the subject dwelling has no
status of inspections.
? The minimum setbacks shall be maintained as follows:
Residential structures - 3 ft. side, 3 ft. rear
Commercial structures - 5 ft. side, 5 ft. rear
? The projections do not meet setback requirements and should be corrected.
? No openings in the exterior wall are permitted less than ft. from the property line.
? The exterior wall or projections shall be constructed to provide a hour fire resistive
occupancy separation.
? An approved automatic sprinkler system is required/to substitute.
? The common wall shall be constructed to provide a hour fire resistive area separation.
? Others:
SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Vanance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
Novemberi''~~,(~~21 rl Aid 9 5 6
FLP,PdNit~-I 1-;1=F~~F%~'v1E~!T
Mr. Christopher Yuen, Director lrC,tUN ~ ~ r ~ r~ ~I
Planning Department
COUNTY OF HAWAlI
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning (REZ 02-018) and Use Permit (USE 02-008) Requests
Daniel Decker and Viviane Baker. TMK: 8-2-003: 031
Thank you for sending me a copy of the Department of Public Works' comments
regarding the subject matter. In response to said comments, please note the following:
Building
According to information provided this office by Ms. Viviane Baker, all
appropriate building permits for the existing residence (proposed B&B) have been
secured and finalized. In the event additional permits aze needed to effectuate the B&B
and/or comply with appropriate Code requirements, the applicant (Ms. Baker) will apply
and comply with them.
Relative to the outstanding building permits, please note that one permit is for an
incomplete detached garage, which is still under construction. Likewise, the plumbing
permit also relates to that structure. The other outstanding building permit is for an
Ohana dwelling. The permit for the ohana dwelling was issued this yeaz, and work on the
structure is now underway. The detached gazage will be part of the new dwelling. As
such, these will be finalized within the next year.
Please note that none of these outstanding permits relate to the proposed B&B.
Drainage and Earthwork
All appropriate drainage and earthwork related plans and improvements will be
done in conjunction with the subdivision of the property.
Roadwavs
The road, when approved and constructed to service the subdivision, was
designed and constructed in a manner consistent with acceptable private road standards of
the County. The only difference between the standards then and today is not the
pavement width orright-of--way, but the absence of paved swales within the balance of
~i ti
F
Mr. Christopher Yuen
November 12, 2002
Page 2
the right-of--way. It is our understanding that the County Department of Public Works
desires and/or requires full improvements within the rights-of--way so as to minunize the
cost to maintain these roads. However, inasmuch as the owners of the road do not intend
to dedicate this road to the County, this maintenance issue should be absent. It is thus
maintained that the road -given its right-of--way width of 50 feet and pavement width of
20 feet - is adequate for the purpose of the proposed 2-lot subdivision and B&B.
Finally, it is our understanding that the State to a lazge extent would like to
minimize access points to the Mamalahoa Highway. This project would not be
incongruous with that objective. The applicant intends to use an existing, approved
access that intersects with the Highway. This project will not result in the creation of
another access point at the Highway.
I trust that the aforementioned adequately responded to the agency comments. If
not or if there are more, please feel free to refer them to this office. Thank you.
~noerely
~ '
S~NEY~. FUKE
Planning Consultant
Copy -DPW
Ms. Viviane Baker via FAX
~J (~Or Fq q1
i' Darryl J. Oliveira
Harry Kim Fi.e chief
Mayar ,
Desmond K. Wery
Deputy Fire Chief
'iQ? 9 A(~ 10 19 (COUritp Of ~~tiUdi`(
p 1, i_.,_..;~ FIRE DEPARTMENT
Gc' r
i~~`. I - i 25 Aupuni Street • Suite 103 • Hilo, Hawai°i 96720
(808)961-8297 • Fax (808) 961-8296
October 8, 2002
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT : "CHANGE OF ZONE APPLICATION (REZ 02-018)
REQUEST: AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-
1a)
APPLICANT: DANIEL DECKER
USE PERMIT APPLICATION (USE 02-008)
REQUEST: ALLOW FORA 5-BEDROOM BED & BREAKFAST ESTABLISHMENT
IN AN EXISTING DWELLING
APPLICANT: VIVIANE BAKER
TAX MAP KEY: 8-2-003:031
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 fir
protection as specified in Section 10.~3J01 (b). = P.. co`y<
E X rI' B ~ rl r "~REO~~`
Christopher J. Yuen, Planning Director
Page 2
October 8, 2002
"3. When there are not more than two Group R, Division 3 or Group M Occupancies,
the requirements of this section may be modified, provided, in the opinion of the chief,
fire-fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate countyjurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may
be increased when, in the opinion of the chief, vertical clearances or widths are not adequate
to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-
weatherdriving 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.
"Q) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
Christopher J. Yuen, Planning Director
Page 3
October 8, 2002
"(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."
Water supply for this project shall be in accordance with the National Fire Protection Association
(NFPA) 1231, which states in part:
Chapter 1, Administration, 1-2 Purpose: This standard specifies minimum requirements for
water supply for fire fighting purposes to protect property from fire in areas where water must be
transported from a river, lake, canal, bay, stream, pond, well, cistern, or other similar source of
water that is available as suction supply for fire department use. Water obtained by methods
outlined in this standard may be used to supplement water for fire fighting available from hydrants
on a traditional municipal-type distribution system. Likewise, a hydrant served by a water
distribution system may be the source of supply for water that is transported to the rural fire area.
It is the intent of this standard to provide and maintain minimum water supplies for fire fighting
purposes through the establishment of a cooperative working arrangement among the authority
having jurisdiction, the fire department having jurisdiction, and the property owners in the
jurisdiction.
This standard provides minimum requirements and nothing herein shall be interpreted to mean
that the authority having jurisdiction cannot exceed any or all of these requirements where, in the
judgment of such authority having jurisdiction, additional protection is warranted.
This standard is restricted to identifying minimum requirements for water supplies for fire fighting
purposes. Much information has been added to the appendix of this standard concerning rural
water supplies, hauling of water, transporting water through large diameter hose, portable pumping
equipment, and automatic sprinkler protection, any or all of which may comprise a rural "water
system."
T~- ~i;.~
ARR OLIVEIRA
Fire Chief
RK:Ik
<< o r N~k
BRUCE B. ANDERSON, Ph.D., M.P.H.
BENJAMIN J. CAYETANO ~
GOVERNOR ~ DIRECTOR OF HEALTH
.titlae.N~n.O~
~i pal 1 2`t
n n~ 0~'
STATE OF HAWAII ,~Z ' i=~~i
i
DEPARTMENTOFHEALTH ~~-~~°~~~~~~~I -
L'~~~
P.O. BOX 916
HILO, HAWAII96'121-0916
MEMORANDUM
DATE: September 25, 2002
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Aaron Ueno
District Environmental Health Program Chief
SUBJECT: 'Change of Zone Application (REZ 02-018)
Request: Agricultural (A-Sa) to Residential and Agricultural (RA-la)
Applicant: Daniel Decker
Use Permit Application (USE 02-008)
Request: Allow fora 5-Bedroom Bed & Breakfast Establishment
In an Existing Dwelling
Applicant: Viviane Baker
Tax Map Key: 8-2-003:031
C:n;delines for Bed and Breakfast Operators
Pur~OSe
The purpose of these guidelines is to provide interpretation of the Department of Health's
Administrative Rules, Title 11, Chapter 12, Food Establishment Sanitation, as it pertains
to bed and breakfast operations until such time Chapter 11-12 is amended.
Definitions
"Bed and Breakfast establishment" means asingle-family dwelling, including a single
guest house, in which overnight accommodations and only breakfast meals are provided.
;R
.
EXHIBIT
Christopher J. Yuen
Page 2
September 25, 2002
"Potentially hazardous food" means any food that consists, in whole or in part, of milk or
milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients,
including synthetic ingredients in a form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms. The term does not include foods that
have a pH level of four and six-tenths or below or a water activity (aw) value of eighty-
five hundredths or less.
Notification and Permit Requirements
When required by the County Planning Department, bed and breakfast establishments
may request documentation from the Department of Health. The Department of Health
will provide documentation to the Planning Department once written communication
from the Bed and Breakfast operators are received regarding their food service
operations.
If the proposed Bed and Breakfast meal consists of commercial cereal, pastries (except
custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit
will not be required from the Department of Health at this time. This limited menu must
be documented in a letter to the Deparhnent of Health.
For Bed and Breakfast operations that provide meals which include potentially hazardous
foods, a food establishment permit will be required to operate. County landuse approval
for operating a food establishment may also be required. A kitchen used to prepare foods
for individual family consumption will not be allowed to be permitted. A separate
commercial kitchen will need to be constructed.
If you have any questions regarding this guideline, please feel free to call me at
933-0917.
c: B&B Operator
W ORD: REZ02-018USE02-008.mi
~~2- -OZ-otg`
~L~~Y vz-ooh
L~.w.~e( ~ec(cea~,
'1~°~'TII~%NxYY~R~ST~AIVliTNG~t 4C~N'I,„'',S"l~l~ C~,SE_~~ItiAf~ l/tvt/,~c~., ~a~~•
_..__._.___a___.___....._.~._._.._.___.__~
~
_ ~
I. STAT'U5i OF PETITIONER -
vVs o.;~ri.....
A. Is your in* - ; ~icsry discingu:sitable from that of L'ae general Fiublic?
If e answer is "yes", please explain: ,
y~_~.~
If the answer is "no", please explain how the proposed action will nevertheless cause
yota actuzl or threatened injury:
CL - -
L Z r_.
F3. Are you a government agency whos ;urisdicrioa z^cl~~~'es the tar<d it:vc~ri~ci i4t'the
subject request? Yes ~ No _ <
~ ~ ~
If [he a:uwer is "yes", please explain the nature of the agency's jurisdi~u3ln: CO
m N
C. Do you lawr"ully reside on or have some property interest in the land involved in the
subject request? Yes No _
If the answer is "yes", please e;cplain:
EXHIBIT,
I'~TI~I~N
~'OR S1'AIVDING II~i C~IV7T~~I~~,S-'ASE F~~F3INC;
(Page 2 of 2)
D. Are you a person or persons descended from native Ilawaiians who inhibited the
Hawaiian Islands prior to 1718, who practiced those rights which were custor.,tarily
and traditionally e rcised for subsistence, cultural, or religietas purposes?
Yes m No
If the answer is "yes", please submit any geneoIogical evidence and historical
evidence showing the exercise of those rights to support [he statement.
.i uc
P . ITIONER'S SIGNATU
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this ,nA day of ?a~lk'IY)Ix~ before me personally appeared~~~.C~-~~'~), to
me known to be the person described in and who executed the foregoing instrsrnent, and #
aclnowledged that he executed the same as his free act and deed.
Nbuary Public„Esitat~ of Hawaii
My co~n[nission expire's'
APPEN,:.1X A
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
December 5, 2002
A regularly advertised public hearing on the applications of DANIEL DECKER (REZ
02-018) was called to order at 11:57 a.m. in the Outrigger Waikoloa Beach, Lehua
Ballroom, 69-275 Waikoloa Beach Drive, Waikoloa, South Kohala, Hawaii, with
Chairperson Geraldine Giffin presiding.
PRESENT: Geraldine M. Giffin ABSENT & EXCUSED: Hannah Springer
Earl Fujikawa
Fred Galdones
Florence Kubota
Jeffrey McCall
Aurelio C. Mina, Jr.
Francis Smith
Grant Togashi
Ivan Torigoe, Deputy Corporation Counsel
Christopher J. Yuen, Planning Director
Alice Kawaha, Staff Planner
Daryn Arai, Staff Planner
Debbie Chang Staff Planner
Esther Imamura, Staff Planner
Susan Gagorik, Staff Planner
Kiran Emler representing Department of Public Works
Bruce McClure representing Department of Water Supply
And approximately 8 people from the public in attendance.
APPLICANT: DANIEL DECKER (REZ 02-018) -Application for a Change of Zone
by changing the district classification from Agricultural (A-Sa) to Residential-
Agricultural (RA-1 a) for approximately 5.263 acres of land. The property is located in
the Captain Cook Estates Subdivision approximately 600 feet west (makai) of
Mamalahoa Highway and Kealakekua Ranch Center, Waipunaula, South Kona, Hawaii,
TMK: 8-2-3:31.
GIFFIN: Commissioners, we're on Agenda No. 4. The Applicant is Daniel
Decker (REZ 02-018). The application is For a Change of Zone by changing the district
classification from Agricultural (A-Sa) to Residential-Agricultural (RA-la) for
approximately 5.263 acres of land.
1
G- 77 ~1~; 11 `1p~ P~."
GAGORIK: Thank you, Madam Chair. If I may have your attention at our
location map, this is the Mamalahoa Highway here, going into the Ka'u direction here
and going into Kona in this direction. The subject property is shown with this blue dot
here. It is zoned Agricultural 5 acres, it's a pretty long rectangular lot shown in this azea
here. The surrounding azeas are Agricultural - 5 acres. There's an RA-1 a property zoned
here. There's some A-1 a along the frontage of Mamalahoa Highway, along with some
RA-7.5 and CN 7.5 lands. So there's a mixture of a variety of uses in this area.
The subject property is located here with the blue lines surrounding it, showing you that
there's a pole access with the long rectangular lot. The Applicants are proposing to
rezone the property to RA-1 a in order that they may subdivide the lot into two parcels.
The proposed acreage would be approximately one acre for the top half and about four
acres for the lower half. There is an existing dwelling located on the second half of the
property. There is a long concrete driveway leading to this area. There's also a garage
located in this vicinity right here. Access to the property is through a roadway easement,
if you'll note here. It is not a road. It is an easement that goes over several parcels along
this azea here. The subject property is outside of the roadway easement.
We have two actions before you today. One is a Change of Zone application and the
second is a Use Permit. The Use Permit is for a Bed and Breakfast establishment. The
original request was for a five bedroom and the Applicants subsequently amended the
request to a four bedroom Bed and Breakfast establishment.
The Planning Director is recommending approval of the Change of Zone and it is subject
to conditions. One of the conditions would be with a restrictive covenant on no second
dwelling because of the subsequent subdivision.
The Use Permit, we have received two requests for contested cases, so the Planning
Director has withheld his recommendations. Are there any questions?
GIFFIN: Commissioners, any questions for Susan? Hearing none, Susan, I
just want you to make sure that in the Background Report you have the correct spelling of
the first name of the second Applicant.
GAGORIK: Okay. Thank you.
GIFFIN: Any other comments, Commissioners?
GALDONES: Madam Chair?
GIFFIN: Mr. Galdones?
GALDONES: Susan, what is the requirement for ADA?
2
GAGORIK: The way that we understand is that as long as it's asingle-family
dwelling and the Applicants are residing in the structure, the ADA requirements do not
apply.
GALDONES: Even if this is a two-story building, accessibility for the disabled to
the second floor is not required?
GAGORIK: Yeah, mainly because it is still, the main use is asingle-family
dwelling; and you don't have that requirement applied to single-family dwellings.
GIFFIN: Any other questions of Susan? Mr. Togashi?
TOGASHI: Thank you, Madam Chair. I did have a question on Exhibit B, and
this is Mr. Pavao's letter to the Planning Director
GIFFIN: Is it D as in dog?
TOGASHL No, B as in boy. And in the second pazagraph, he makes a
statement that he cannot support this change of zone application because of unavailability
of water, yet, he does not reiterate this point any more. And, moreover, when the
Applicant speaks about providing for water, he does not also support that view. So I'm
just wondering why that the, is there an error in this letter by any chance or
GAGORIK: You're asking whether we considered this letter in the
recommendation?
TOGASHI: Well, I mean, Mr. Pavao makes a point that he cannot support this
change of zone.
GAGORIK: I think Bruce can also expand further
TOGASHI: Oh, okay.
GAGORIK: But I did have discussion with Bruce about this. And in their
discussion the issue is that there is, although there are two meters to the property, there
are not enough, there is not enough water to support the subdivision which would be
RAla and subsequently allow the second lot to be further subdivided. And that was the
issue that Water had. With our understanding, this particular request is for atwo-lot
subdivision and there are two existing water meters presently available. In the
recommendation that we have included, we specifically said that no water variance can
be applied for and that County water would have to be available for any subsequent
subdivisions. So we added that clarification.
TOGASHI: Okay. Thank you.
3
GIFFIN: Mr. Togashi, did you want Mr. McClure to respond to that as well
or
TOGASHI: That's not necessary. And maybe since you pointed out, I guess,
maybe some omissions On page 5, item 29, under Scenic Sources, I think we're in the
Kealakekua area rather than the Keaukaha area.
GAGORIK: Oh, okay, thank you.
GIFFIN: Any other comments or questions? Susan, I did have some
questions regarding the Public Works' memo, Exhibit C, dated October 30, 2002
GAGORIK: Okay?
GIFFIN: On roadways. The last sentence of No. 1, "The road would not
meet current dedicable standards required under the Subdivision Code."
GAGORIK: The 50 foot right-of--way? I don't know, maybe Ki might want to
clarify that. But, normally, with the Subdivision Code, it would be okay.
GIFFIN: Okay. And No. 2, "Rezoning the parcel will set a precedent for
rezoning other properties taking access from the private roads. Comments should be
obtained from DOT." And did we get comments from DOT?
GAGORIK: DOT did not formally submit any comments on this.
GIFFIN: That's what I thought.
GAGORIK: Yeah. They did not comment.
GIFFIN: Okay. Any other comments, Commissioners? Hearing none, will
the Applicants and the Applicants' representative, please come forward? Will you please
raise your right hands? Do you swear Mr. Fuke, I already swore you in. Do you
swear or affirm to tell the truth on this matter now before the Hawaii County Planning
Commission?
TESTIFIERS: I do.
GIFFIN: Starting with you, Viviane, your name and your resident address?
BAKER: My name is Viviane Baker and my resident address is P.O. Box
670, Kealakekua, Hawaii 96750.
GIFFIN: Thank you. And, you, sir?
4
DECKER: Daniel B. Decker. My address is P.O. Box 492, Captain Cook
96704.
GIFFIN: Thank you. Sidney, the Applicants have received a copy of the
Background Report and the Recommendation for the Change of Zone?
FUKE: That is correct, Madam Chair. Is this hearing for both the Use
Permit as well as the Change of Zone?
GIFFIN: Just for the Change of Zone right now.
FUKE: Just for the Change of Zone?
GIFFIN: That's all I'm going to vote on right now; and then we'll take the
Use Permit as Agenda Item No. 5.
FUKE: Okay. Perhaps, maybe, because it's kind of like intimately related,
I can just share what I was going to discuss relative to the Use Permit so it may then
facilitate the processing of the Use Permit.
GIFFIN: Sure.
FUKE: The Use Permit application, you'll note, that they had, there were
two requests for contested case hearing; and the contestants I believe are, the requestors
are present today. One of the person's concern relates to the proposed density of the
B&B. And based on the discussions that the Applicant, Ms. Viviane Baker, had with the,
they had requested Mr. Norman Lewis, they did arrive at a consensus that the B&B
would be reduced from the proposed four-unit to a two bedroom, two-room B&B. And
with that understanding that Mr. Lewis would subsequently withdraw his contested case
request.
The other requestor dealt with the issue of, actually, dealt more not so much with the
subdivision, excuse me, the B&B itself as much as it dealt with the issue of the number of
dwellings on the property. But as your staff has indicated, relative to the rezoning action,
the property's subdivision is constrained by the amount of water that's available.
Presently, there are two meters to the property. The intention is to just create this two-lot
subdivision. If the complexion of the water changes in that area, the most that
Ms. Baker, who is the owner of the lower property, the larger property, the maximum
number of dwelling units that would be allowed on that lower area would be just another
dwelling. And, that, of course, is subject to water being available. But, at this point in
time, you are looking at essentially only two, it's atwo-lot subdivision.
And it's my understanding that the requestor, the other contested case requestor, you
know, with that understanding, would consider withdrawing his request as well.
5
I think the other question related to the B&B, so, maybe I should just defer any further
discussions on the B&B.
But, specifically, this property, you know, relative to the Change of Zone, it falls within
the State Land Use Urban District. The property has already been CPR'd and it's already
reflected on the tax roll as creating, you know, 001 and 002. Ms. Baker's interest is in
the existing dwelling, that area consists about like three-plus acres. And Mr. Decker has
a CPR for the mauka portion.
There are some, your report will also indicate there are some outstanding building
permits associated, but they have all been closed. Actually, the Building Department's
computer was not updated. But it's my understanding, based on discussion with both Mr.
Decker and Ms. Baker, that those permits have been closed.
There was also a new building permit issued for a second dwelling that was granted
pursuant to an ohana dwelling permit; and that's going to be the residence of Mr. Decker.
That building permit was issued just last month; and I do have a copy here if the
Commission wants it.
But aside from that, [think it's relatively straight-forward. If you have any questions,
we'll be more than happy to answer.
GIFFIN: Commissioners, any questions of Mc Fuke? Mr. Fujikawa?
FUJIKAWA: So, Mr. Fuke, the permit that Mr. Decker pulled out, is that
pertaining to a whole new project, right, complete new project? It's not a remodel or
anything of that nature?
FUICE: No. You see where the existing garage is
FUJIKAWA: Yeah.
FUKE: On the site plan? Mr. Decker's building permit for the new
residence is adjacent to that existing garage, within that vicinity.
FUJIKAWA: So this is a new construction?
Fi 1KE: Correct.
FUJIKAWA: Thank you.
GIFFIN: Mr. Yuen?
YUEN: In these situations where we're going have a rezoning and a
subdivision and there's an existing CPR on the property, we should have a standard
6
condition that the CPR is dissolved on subdivision. Once you create the two, the purpose
is to replace the CPR with the subdivided lots.
FLIKE: Absolutely.
YUEN: Yeah. And it would, it creates, if your CPR is in existence and
then you subdivide the lots, it's a very severe complication. But we should
FLIKE: Yeah, they would have no problem with the condition that would
require the extinguishing of the CPR pending the approval of the subdivision.
YUEN: Upon Final Subdivision Approval, yes.
FLIKE: Upon Final Subdivision Approval, yeah.
GIFFIN: Okay.
YUEN: So we should note that as, and it's something that would be done
as a standard in these kinds. We've had this come up before, Kanehoa and a number of
others.
GIFFIN: Any other comments or questions of Mr. Fuke? So, Susan, you
want to work on some wording so that we can include it here? It doesn't need to be
specific. We can just, if we choose to approve, go ahead and approve, and including the
concept. But I just wanted to make sure, the Farwell Petition for Standing had to do with
the B&B, not with the Change of Zone, correct?
FLIKE: You may want to have reconfirmation from Mr. Farwell.
GIFFIN: Yes, 1 plan to
FUKEK: I think he's here. But it's my understanding that, based on their
discussions, the Applicants' discussions with him, that the issue seemed to surround
around the issue of the number of dwellings and not so much the B&B itself. But,
nevertheless, the contested case request was filed, the vehicle for registering that concem
was the contested case form.
GIFFIN: Excuse me. One more time?
HIKE: The issue dealt more with the rezoning. However, that where he
had used the contested case form as a means to, as a vehicle to gain entry and express his
concern relative to the subdivision, so, but
TORIGOE: You're not going to have a contested case hearing on a rezoning
anyway.
7
GIFFIN: Right, right, I was just going to say. So, Mr. Torigoe, would you,
just for the record, I thought that that was out of order.
TORIGOE: Well, on the rezoning, anyway, you would not be able to get a
contested case. It's just a recommendation that the Commission makes.
GIFFIN: Just to clear the air and to have the record complete, though, I
think it would be good to have Mr. Farwell come back up, come up right now. You can
remain seated there, no problem. Commissioners, I'm going ask Mr. Farwell to come up
with your indulgence, unless you have any more questions of the Applicants or
Mr. Fuke. Mr. Torigoe, will you, once again, state regarding the policy for the change of
zone.
TORIGOE: I guess you're just wanting me to state that as faz as the change of
zone application is concerned, that is not, it's just a matter of the Commission making a
recommendation to the Council; and it's not a matter of the Commission actually making
any final action. And, so, the change of zone matter is really not something that a
contested case procedure would apply to.
GIFFIN: Okay. Susan, did we collect $100 from him, knowing that this was
not appropriate?
GAGORIK: No, the contested case form was for the Use Permit. It was filed
for the Use Permit and both petitions had $100 attached.
GIFFIN: For the Use Permit, not the Change of Zone?
GAGORIK: No, it's not for the Change of Zone.
GIFFIN: Okay. I just want to validate that with you, Mr. Farwell. Your
concerns had to do with the proposed B&B?
FARWELL: No, my concerns deal with the subdivision itself.
GIFFIN: Mr. Farwell, please, will you raise your right hand so I can swear
you in? Do you swear or affirm to tell the truth on this matter now before the Hawaii
County Planning Commission?
FARWELL: [ do.
GIFFIN: Thank you. Your name and resident address, please?
FARWELL: I'm Brad Farwell, Post Office Box 732, Captain Cook.
GIFFIN: Thank you. You may begin your testimony.
8
FARWELL: My concerns deal with the division of the two properties or the
property into two pieces. The upper portion would be 1.-some odd acres for Mr. Decker
and the lower 3.7 would be for Ms. Baker. My concerns deal with the fact that the
property itself, it is from the top to the bottom, over 300-foot elevation change. And
given the width of it, it would be extremely difficult to get a subdivision in the lower
portion. Now, as it's presently being proposed to be divided, theoretically, you could call
out seven-tenths of an acre for one house and then still have athree-acre subdivision
potential for the remaining portion. And my objection is to put in that kind of density on
that kind of grade when I'm directly below them. So I've talked to Mr. Decker and
Mr. Fuke and they've said that they thought Ms. Baker only wanted to put one additional
dwelling on the property. So all I'm asking is that perhaps the covenant to be introduced
into this so that they would allow only one additional house built on the property as
opposed to four houses.
GIFFIN: Mr. Yuen?
YUEN: That is in our recommendation to the County Council and, I
believe, they have agreed to do that.
FARWELL: To put the covenant in, correct, so that the lower parcel would only
have two houses on it and the other parcel would have one house?
YUEN: I think it's actually one on each.
FARWELL: Now?
YUEN: No, I think that is the proposal that there'll only be one on each,
only two houses. Better than you think. Right?
FUKE: At this point in time, as I understand the condition it's like,
although mathematically it would be possible for further subdivision, that subdivision,
you know, to create two more lots in that area that Ms. Baker owns, that would not be
possible without getting the required water. And based on this condition that the Director
is proposing, there is no water right now, so, basically, you know, and you cannot apply
for a variance. And, so, you know, unless the water complexion changes dramatically,
you know, she's not going to be able to further subdivide.
There was also another condition that restricts it to one house per existing lot of record.
So, while there maybe in the future, excuse me, what was that condition?
GIFFIN: Condition C.
FUKE: Condition C, one house per existing, like, record. So the only way
that another dwelling could be constructed on the lower portion is that if she were to have
that portion subdivided. But, at this point in time, she cannot have that subdivided and
still meet with the requirements that serves as a condition. And she's also aware of the
9
land, the topography that you cited, that even if you were to subdivide that area, although
mathematically it could allow for a maximum of three units on her property, just the way
that the location of her property, her dwelling, combined with topography of that area, it
would not really be feasible. It really would be possibly more feasible only for one more
dwelling or one more lot but, certainly, not three.
GIFFIN: ]f you would feel more comfortable, the staff can provide you a
copy of the conditions of approval contained in the recommendation and, specifically,
Condition C. Would you like that?
FARWELL: Yes, please.
GIFFIN: Okay. Alice?
YUEN: I have to say, though, I think Condition C, itself, does not prevent
subdividing the lower four acres, I'm sorry, the lower 3.7 acres into three lots
GIFFEV: Why not?
YUEN: Nor, because this condition, normally, what this condition would
do is you could create, say, you had three acres and you're rezoning to RA-la, you could
create three lots, and you could have one house on each lot. This is not to say that that
GIFFIN: For the lot, I mean, houses.
YUEN: Right. So this is a, this is a standard condition now or pretty
common condition and in itself does not prevent subdivision. The only condition that
tends to, the only specific condition that tends to limit further subdivision in this is the
water restriction. So to be clear to the Commission, if this went forward with these
conditions, if water did become available, then she could subdivide the lower three acres
to three lots. There are two things that she, there are two main issues when you do a
subdivision. One is availability of water and the second is the access. There would have
to be a road access that would serve the three lots. So that's the way it stands now with
this condition the way it's worded.
GIFFIN: You're right. Mr. Farwell, have you read Condition C and
Condition D?
FARWELL: Yes, I have, just now.
GIFFIN: Okay. And, as Mr. Yuen explained, the only thing that would
prohibit Mr. Decker from further subdividing the lower piece would be in the event more
water became available.
FARWELL: Correct.
10
GIFFIN: And you're opposed to Mr. Decker being able to subdivide
further? That's what I heazd, or did I hear you correctly?
FARWELL: My objections lies to the fact that there's, for the lower lot, there
are potentially four houses that could be built there, the one that's existing now and the
three additional ones. Being a farmer, and an organic one on top of that, I would like to
be able to pursue my livelihood without the hassles of my neighbors; and with three
additional houses that close to me, it's impossible. I'm a macadamia nut farmer so I do
blowing, and weeding, and chopping, and carrying on all the time. So if they would
agree to a covenant which would restrict the remaining three acres to one house, then I'd
have no further objections.
FUKE: Can I understand the request? Mr. Farwell If I may?
GIFFIN: Yes.
FUKE: There's already an existing dwelling.
FARWELL: Correct.
FUKE: So are you're saying that there should be no more dwellings on the
lower side?
FARWELL: No, only one additional one.
FUKE: One additional dwelling?
FARWELL: Right,
FUKE: Which is really like her intention, yeah.
FARWELL: Right. That's all I would like and I would like it cast in stone
because she said, if the property is sold, "Oh, gee, I want to build this subdivision."
GIFFIN: Yeah, and these conditions go with the land.
FARWELL: Correct.
GIFFIN: So you want it in blood?
FARWELL: Yes.
GIFFIN: Okay. Commissioners, I need your reaction to Mr. Farwell's
request and Mrs. Kubota?
KUBOTA: Madam Chair?
11
GIFFIN: Yes.
KUBOTA: I think reading the application, I think the intent of the Applicant is
just as Mr. Farwell is requesting, that in the event of water availability that she will then
build another house, perhaps, in the future in the lower section of the three-acre-plus area
of land. So the intent of the Applicant is exactly as Mr. Farwell is requesting. Now, the
verbiage isn't there in Condition C
GIFFIN: Yes.
KUBOTA: To state that. So, maybe, as you were starting to ask Susan to do,
maybe she can put that verbiage in there so it will be inblack-and-white
FARWELL: Sure.
KUBOTA: Black-and-yellow.
GIFFIN: Commissioners, any other guidance? Mr. Fujikawa?
FUJIKAWA: Can I ask the Water Department to come up, Bruce? Does he have
to be sworn in?
GIFFIN: No, we trust him.
FUJIKAWA: Bruce, on this application here, they're hoping, I guess they're
hoping for water someday. What's the possibility, what's the chance? Are they going to
get water for the second
MCCLURE: I would say the next five to ten years water would not be available
for South Kona, additional. Our current water availability for South Kona, one per
existing lot of record and additional, and a second service. Okay, but we do not have any
water available for change of zones, which is what's being asked. So that's why we said
that water wasn't available for the change of zone. We were worried that they had the
potential for five lots total; and with the wording that's there, they get their two-lot
subdivision. And it's fidly understood by everybody, you know, there isn't water
available and you can't ask for it either, you know, by a variance, too.
FUJIKAWA: So it would be safe for the Applicant to go ahead and conquer the
other parcel for a future home when there's availability of water?
MCCLURE: I would, it wouldn't surprise me though in the future that there is
water available, you know, we'll finally get around to South Kona or something.
FUJIKAWA: Okay. Thank you.
12
GIFFIN: Thank you.
KUBOTA: Madam Chair, but for Mr. Farwell's concern, al] we need to do is
state it in our
GIFFIN: We are. We're working on it right now, Mrs. Kubota.
KUBOTA: Recommendation.
GIFFIN: I think Susan has a suggested amendment.
KUBOTA: Okay.
GIFFIN: You want to say something?
YUEN: I was just going to ask Mr. Fuke if he is agreeable or his client is
agreeable to a condition that the lower 3.7 acres not be subdivided to more than two lots.
I think that would handle the issue here.
FUKE: Correct. That concept is acceptable. I was just going to suggest
that if you wanted the language along that line, and I don't know whether your staff has,
but maybe in Item B, you know, "Final subdivision approval shall be secured," da, da, da,
da, da, provided that in, "provided that the maximum number of lots shall be limited to a
total of three lots," you know, shall be limited to a total of three. So you would have like,
Mr. Decker's property on the top, and Ms. Baker; and if you have water that becomes
available, then a potential for another lot. So that entire area would be limited only to
three lots. or something along that line.
WEN: That's fine.
GIFFIN: So, Susan, I think Mr. Fuke was suggesting the amendment to be
part of B.
FUKE: Or whatever.
GAGORIK: Yeah, I would think not, mainly because we have the restriction on
the five years and the initial subdivision is for two lots only, yeah. So you might want to
make a separate condition.
GIFFIN: Condition?
GAGORIK: Yeah.
YLIEN: A separate condition.
13
GIFFIN: Okay. So did you want to do a separate D or C? We'll let you
handle that. We trust you.
GAGORIK: Okay.
GIFFIN: Any other comments? Questions? Mr. Farwell?
FARWELL: No, I'm satisfied.
GIFFIN: Okay. So your concerns have been addressed?
FARWELL: Yes, ma'am.
GIFFIN: Thank you.
YUEN: We should refund his money.
GIFFIN: Yes. Mr. Yuen?
I'iJEN: If Mr. Farwell withdraws his contested case request on the Use
Permit, we'll return his $100. With prodding from the Chair, this was a present to her as
she leaves her chairmanship.
FARWELL: I appreciate that. Thank you.
GIFFIN: You're welcome. Do I hear a motion?
KUBOTA: Madam Chair?
GIFFIN: Mrs. Kubota?
KUBOTA: Hearing no other input, I would like to move the Change of Zone
application (REZ No. 02-018) be approved, along with the Findings and
Recommendations of the Planning Director, and along with, including a change in our
conditions by addition of a new condition speaking to, I guess, the maximum number of
homes to be built in the subdivision, being a total of three, and that we leave to the
discretion of the staff to insert it into our conditions. I think there was something else
about CPR
GIFFIN: Yeah.
KUBOTA: Being dissolved upon approval of this permit, also, to be included.
YUEN: I'm sorry, not until Final Subdivision Approval because they
currently have a CPR that separates their ownership of the two units, and we would not
14
force them to change that until they had the approval to finally subdivide the property and
then separate their ownership through the subdivision.
FUJIKAWA: I second it.
GIFFIN: It has been moved by Commissioner Kubota and seconded by
Commissioner Fujikawa that the Change of Zone application (REZ 02-018) be given a
favorable recommendation forwarded to the County Council, along with the Background
Information and the Recommendation as prepared by our department, along with the
addition of the new condition speaking to limiting the number of lots to three, and upon
Final Approval, the condition dissolving the CPR. Is that correct, Susan?
GAGORIK: Correct.
GIFFIN: Mr. Fuke?
FUKE: Yes.
GIFFIN: Any other comments, Commissioners? Discussion? Hearing
none, Susan?
GAGORIK: Commissioner Kubota?
KUBOTA: Aye.
GAGORIK: Commissioner Fujikawa?
FUJIKAWA: Aye.
GAGORIK: Commissioner Galdones?
GALDONES: Aye.
GAGORiK: Commissioner Mina?
MINA: Aye.
GAGORIK: Commissioner Smith?
SMITH: Aye.
GAGORIK: Commissioner Togashi?
TOGASHI: Aye.
GAGORIK: Commissioner McCall?
15
MCCALL: Aye.
GAGORIK: Madam Chair?
GIFFIN: Aye.
GAGORIK: Madam Chair, the vote passes with eight ayes.
The discussion ended at 12:33 p.m.
Respectfully submitted,
Sharon M. Nomura, Secretary
16