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Home My WebLink AboutCOM 0291.000 2002-2004I larry Kim Mayor Dixie Kaetsu Managing Director COIJNTY OF HAWAII03 JUL 22 RSI 8 19 25 Aupuni Street, Room 215 • Hila, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA T-5706 K,W mi Highway, Suite 103 • Kailua-Bona, Hawaii 9, (868-.329-5226 . Fax(808)326-5663 tdil COUNT), ; iF HAWNI July 18, 2003 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 03-012) Applicant: Lot Owners Within the Champion Ridge at Mauna Lam Subdivision Request: RM -3 to RS -20 Tax Map Key: 6-8-27:1, 3-7, 9-12, 16-27 and 29-35 State Land Use Boundary Amendment Application (SLU 03-002) Request: Agricultural to Rural /Change of Zone Application (REZ 03-007) Request: A -3a to RA -la Applicant: Clifford Kabumoto As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and :enclosures regarding the above -referenced requests. Sincerely, Harry Kim Mayor l070303may Enclosures cc: Planning Department +3lis i_�-q �i3o Comm No. .219 Ref. Tot Ref. Dote Harry Kim Mayor ,au. 18 M County of Hawaii PLANNING COMIWSSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawai'i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 03-002) Request: Agricultural to Rural Change of Zone Application (REZ 03-007) Request: A -3a to RA -la Applicant: Clifford Kabumoto Tax Man Key 7-3-19.21 and 30 The Planning Commission, after a duly held public hearing on July 3, 2003, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to the Rural District and to change the district classification from the , Agricultural 3 -acre (A -3a) to the Residential and Agricultural 1-acre((itA-2a) zoned district for approximately 7.315 acres of land. The property is located on the wevsi (makai) side of Mamalahoa Highway, approximately 150 feet northwest of the Mamalahoa Highway-Kaloko Drive intersection, Kohanaiki Homesteads, Kohanaiki, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural (A -3a) to Residential and Agricultural (RA -1 a) to subdivide the properties into four residential -agricultural lots approximately 1.5 to 2.1 acres in size. The applicant intends to construct single family dwellings on the proposed lots. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city -like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The properties are located below the Mamalahoa Highway just west of the Mamalahoa Highway-Kaloko Drive intersection. Surrounding lands are zoned A -3a, A-1 a and RS -15. The property to the north is vacant and zoned A -3a, and the property to the south is zoned A -3a and in residential uses. To the west are lands zoned A -3a, with nonconforming lots approximately 7,000 - 10,000 square feet in size. Lands to the east are zoned A-1 a and RS -15 and in mixed residential uses and/or vacant with minimal agricultural activities. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 464(c), HRS...' The proposed boundary amendment is for residential -agricultural uses that are compatible with the Rural designation. The applicant has stated that the 7.315 -acre site will be subdivided into four residential/agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) and Housing Elements of the General Plan: 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 review and amend if necessary land use ordinances and codes to include considerations for rural -style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Urban Expansion, The Urban Expansion Area allows a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The County is currently conducting a comprehensive review update of the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect more accurately the residential - agricultural character of the area. This boundary request would allow a rural development for residential -agricultural uses that will complement the existing and future residential -agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan All utilities and services which are essential to accommodate rural development, are available to the properties. The proposed access is from Mamalahoa Highway and the Old Government Road remnant for the southern two lots and the Homestead Road for the northern two lots. The Old Government Road, under the jurisdiction of the State Department of Transportation, has a pavement width of approximately 8 feet and is in poor condition. The Police Department has concerns regarding ingress and egress from the proposed subdivision onto Mamalahoa Highway, and recommends that improvements be constructed at the intersections, meeting both County and State intersection requirements, The Police Department has stated that "with increased traffic, these intersections should not be treated as private driveways." Traffic concerns were expressed by the Department of Public Works relative to the intersection at the Old Government Road and State Highway 190 (Mamalahoa Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Highway)/Kaloko Drive). The applicant will be required to provide the improvements or pay the fair share amount as determined by the Planning Director in consultation with the Department of Public Works and the State Department of Transportation. Homestead Road, fronting the properties to the north, is a government road, not maintained by the County. It has an approximate 8 -foot wide concrete pavement which may not be within the existing right-of-way and is substandard based on width, grade and existing pavement section. If used to provide access, Homestead Road shall be widened and improved along the property frontage, meeting with the requirements of the Department of Public Works. Water can be made available from the existing system on the Mamalahoa Highway. As there is no municipal sewer system in the area, the applicant would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. Utilities will be provided to each of the proposed four lots from the area's existing infrastructure. The nearest police station is located in Kealakehe, approximately five (5) miles from the properties. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four (4) miles from the site. The closest public schools are located in Kealakehe, approximately three (3) miles from the properties. The properties have no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood insurance Rate Map (FIRM) designates the site as Zone "X", outside of the 500 -year flood plain. The site slopes slightly from east to west (mauka to makai) at a grade between 6 and 15 per cent. While the subject properties are within the State Land Use Agricultural and County's Agricultural -3a zoned districts, it is not currently being used for active agricultural purposes. Although a majority of the site is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System, a small portion of the northern and southern portion of the site is identified as Other Important Agricultural Lands. The Land Study Bureau classifies soils within the subject properties as "D" or "Poor" for agricultural productivity. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within site and surrounding area would preclude such intensive agricultural activities from being conducted on the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The properties are not situated within the Special Management Area. The site is located approximately 3.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Because the properties have been previously grubbed to periodically grow coffee and pasture livestock, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the site, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources 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. Finally, the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio -cultural advancement - Housing objectives and policies: (a) Planning for the State's socio -cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawai`i's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawai`i's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate -income and gap -group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Change of Zone The applicant is requesting a Change of Zone from an Agricultural 1 A -3a) to a Residential and Agricultural -1 acre (RA -la) zoned district for approximately 7.315 acres of land to subdivide the properties into four residential -agricultural lots approximately 1.5 to 2.1 acres in size. The applicant intends to construct dwellings on the proposed lots. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to a Rural district. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural (A -3a) to a Residential and Agricultural (RA -1 a) zoned district will conform to, among others, the Land Use (Single Family Residential) and Housing elements of the General Plan: 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 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 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 Urban Expansion. The Urban Expansion Area allows a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The County is currently conducting a comprehensive review update of the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect more accurately the residential -agricultural character of the area. The properties are located below the Mamalahoa Highway just west of the Mamalahoa Highway-Kaloko Drive intersection. Surrounding lands are zoned A -3a, A- 1 a and RS -15. The property to the north is vacant and zoned A -3a, and the property to the south is zoned A -3a and in residential uses. To the west are properties zoned A -3a, with nonconforming lots approximately 7,000 - 10,000 square feet in size. Lands to the east are zoned A-1 a and RS -15 and in mixed residential uses and/or vacant with minimal agricultural activities. Should this request be approved, the applicant may normally apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this subject request would allow the existing parcels to be subdivided and subsequently allow the creation of additional lots, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow a four -lot subdivision with one home on each lot, the potential to allow additional homes may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. A condition will be included to include restrictive covenants in the deeds of all the proposed lots for the subdivision prohibiting ohana dwellings to preserve the residential -agricultural ambience of the area. The properties were previously grubbed to periodically grow coffee and pasture livestock, but is currently not used for any agricultural activities. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the properties as Zone "Y', an area determined to be outside of the 500 -year flood plain. The site slopes slightly from east to west (mauka to makai) at a grade between 6 and 15 per cent. Although a majority of the site is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System, a small portion of the northern and southern portion of the site is identified as Other Important Agricultural Lands. Soils within the properties and surrounding area is classified as "D" or "Poor" for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 extensive agricultural uses may exist, the soil conditions within the site and surrounding area would preclude such intensive agricultural activities from being conducted. The proposed access is from Mamalahoa Highway and the Old Government Road remnant for the southern two lots and the Homestead Road for the northern two lots. The Old Government Road, under the jurisdiction of the State Department of Transportation, has a pavement width of approximately 8 feet and is in poor condition. The Police Department has concerns regarding ingress and egress from the proposed subdivision onto Mamalahoa Highway, and recommends that improvements be constructed at the intersections, meeting both County and State intersection requirements. The Police Department has stated that "with increased traffic, these intersections should not be treated as private driveways." Traffic concerns were expressed by the Department of Public Works relative to the intersection at the Old Government Road and State Highway 190 (Mamalahoa Highway)/Kaloko Drive). Similar change of zones may occur in the area, creating home sites and placing additional traffic burden on existing roadways. Therefore, a condition of approval has been included to ensure that the road improvements be planned for through a fair share contribution towards roads should improvements at the intersection of the Old Government Road and State Highway 190 (Mamalahoa Highway)/Kaloko Drive commence prior to submission of the subdivision application. Otherwise, the applicant will be required to improve the intersection in accordance with the requirements of the Department of Public Works and the State Department of Transportation prior to receipt of Final Subdivision Approval. Homestead Road, fronting the properties to the north, is a government road, not maintained by the County. It has an approximate 8 -foot wide concrete pavement which may not be within the existing right-of-way and is substandard based on width, grade and existing pavement section. If used to provide access, the applicant will be required to widen and improve Homestead Road along the property frontage, meeting with the requirements of the Department of Public Works. Water can be made available from the existing system on the Mamalahoa Highway. As there is no municipal sewer system in the area, the applicant would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. Utilities will be provided to each of the proposed four lots from the area's existing infrastructure. The nearest police station is located in Kealakehe, approximately five (5) miles from the properties. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four (4) miles from the site. The closest public schools are located in Kealakehe, approximately three (3) miles from the properties. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The properties are not situated within the Special Management Area. The site is located approximately 3.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the properties will not adversely impact those resources. Because the properties have been previously grubbed and used for limited agricultural purposes, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the site, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources 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, the approval of the Change of Zone request from an Agricultural (A -3a) to a Residential and Agricultural (RA -1 a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the State Land Use Boundaries Map H-7 for the County of Hawaii and Section 25-8-3, the North Kona Zone Map, of the County Zoning Code are transmitted. We are enclosing a copy of the staff background for your information. Sincerely, Fred Galdones, Chairman Planning Commission LkabumotoNPC Enclosures cc: Mr. Gregory R. Mooers Mr. Clifford Kabumoto Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources Rodney Haraga, Director/DOT-Highways, Honolulu BKabumotoSLURBZdoo-6/1 8/03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CLIFFORD KABUMOTO STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-002) CHANGE OF ZONE APPLICATION (REZ 03-007) CLIFFORD KABUMOTO has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone by changing the district classification from Agricultural (A -3a) to Residential and Agricultural (RA -1 a) for approximately 7.315 acres of land. The properties are located on the makai side of Mamalahoa Highway, approximately 150 feet northwest of the Mamalahoa Highway - Kaloko Drive intersection at Kohanaiki Homesteads, Kohanaiki, North Kona, Hawaii, TMK: 7-3-19: 21 and 30. APPLICANT'S REQUEST Request: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural (A -3a) to Residential and Agricultural (RA -1 a) to subdivide the properties into four residential -agricultural lots ranging in size from 1.5 to 2.1 acres. The applicant intends to construct single family dwellings on the lots. Applicant Clifford Kabumoto is a managing member of landowner Kabumoto Uriu, LLC. (See Exhibit A - State Land Use Boundary Amendment and Change of Zone Applications) STATE AND COUNTY PLANS State Land Use Designation: Agricultural. Hawaii State Plan Consistency: Socio -Cultural Advancement (Housing) objectives and policies. 4. GP Consistency: Land Use (Single Family Residential) and Housing Elements. 5. GP LUPAG Map: Urban Expansion. The County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect the existing single family residential uses in the area. 6. County Zoning: Agricultural (A -3a). - �`ir Cd, /I3 7. Kona CD Plan: Res/A-2 to A-3. 8. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use Rural District and County Residential and Agricultural (RA -la) zoned district. However, conditions will be placed to prohibit ohana dwellings to preserve the residential - agricultural ambience of the area. 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. The properties are located approximately 3.5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. 10. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The properties are not located within the Special Management Area. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 11. Subject Properties: The properties are vacant and roughly rectangular in shape, and located below Mamalahoa Highway west of the Mamalahoa Highway-Kaloko Drive intersection. Parcel 21 is approximately 3.104 acres, and parcel 30 is approximately 4.21 1 acres in size. The properties have previously been grubbed to periodically grow coffee and pasture livestock. The site slopes slightly from east to west (mauka to makai) at a grade between 6 and 15 percent. 12. Surrounding Zoning/Land Uses: The property to the north is vacant and zoned A -3a, and the property to the south is zoned A -3a and in residential uses. To the west are properties zoned A -3a, with nonconforming lots approximately 7,000 — 10,000 square feet in size. Properties to the east are zoned A -la and RS -15 and in mixed residential and rural uses. -2- 13. ALISH: Unclassified and Other Important Agricultural Lands (northern portion of parcel 21 and southern portion of parcel 30) 14. Land Study Bureau's Detailed Land Classification System: "D" or " Poor". 15. U.S. Soil Survey: Punaluu soil series extremely rocky peat. This soil is characterized by rapid permeability, slow runoff and slight erosion hazard, and is typically used for pasture. 16. FIRM: Zone "Y', area determined to be outside the 500 -year flood plain. 17. Flora/Fauna Resources: A biological reconnaissance was conducted by Dr. Ron Terry and Dr. Patrick Hart in January, 2003. Their study concluded that, other than the Hawaiian Hawk, no rare, threatened, or endangered species was observed on or near the properties. The study further concluded that although there are no rare plant species or unique or valuable ecosystems, the remnant native tree species have some conservation value and may also provide interesting features for landscaping. Thus, it is recommended that the landscaping plan incorporate preservation of some native tree species including `ohi`a, hala, lama, and/or small areas containing these species. 18. Archaeological/Historical Resources: An archaeological reconnaissance was conducted by Marc Smith of the Department of Land and Natural Resources Historic Preservation Division in 1999 in conjunction with the applicant's request for a grubbing permit. The DLNR stated that there were no historic sites remaining on the subject properties. Since the properties were previously grubbed and used for limited agricultural purposes, it is expected that no archaeological or historic features exist on the site. Nevertheless, a condition will be included to require the notification of the Department of Land and Natural Resources -Historic Preservation Division should any archaeological sites be encountered during the course of development. 19. Cultural Resources: No valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, and no action is necessary to protect those rights. 20. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. -3- 21. Traffic: According to the applicant, traffic from this project should be accommodated by the existing roadway infrastructure. The traffic generated by the proposed four lots falls below the guideline suggested by the Institute of Transportation Engineers that "a traffic access/impact study be conducted whenever a proposed development will generate 100 or more added (new) peak direction trips to or from the site during the adjacent roadways' peak hours or the development's peak hour". PUBLIC UTILITIES AND SERVICES 22. Access: The proposed access is from Mamalahoa Highway and the Old Government Road remnant for the southern two lots and the Homestead Road for the northern two lots. The Old Government Road, under the jurisdiction of the State Department of Transportation, has a pavement width of approximately 8 feet and is in poor condition. The Police Department has concerns regarding ingress and egress from the proposed subdivision onto Mamalahoa Highway, and recommends that improvements be constructed at the intersections, meeting both County and State intersection requirements. The Police Department has stated that "with increased traffic, these intersections should not be treated as private driveways." The Department of Public Works 1) recommends that the south Old Government Road approach be aligned with Kaloko Drive, possibly at the time when the Kaloko Drive intersection is improved; 2) states that the existing approach conflicts with the turning movements to Kaloko Drive, a condition that will be aggravated by the proposed channelization; 3) that the fair share for roads could be contributed to that improvement; 4) recommends that the entire subdivision be served by the Old Government Road approach, and that the subdivision road should be constructed to dedicable standards to the north boundary of the subject properties and be dedicated upon request by the Department of Public Works or open to public use. Homestead Road, fronting the properties to the north, is a government road, not maintained by the County. It has an approximate 8 -foot wide concrete pavement which may not be within the existing right-of-way and is substandard based on width, grade and existing pavement section. The Department of Public Works states that 1) the grade appears to exceed the 18% maximum for a subdivision road; 2) the approach to Mamalahoa Highway is steep, at an acute angle, and has poor sight distance to the south; -4- 3) should this route be used to provide access, the applicant should widen and improve Homestead Road along the entire subject property frontage and the Mamalahoa Highway approach, meeting with the requirements of the Subdivision Code and the Department of Public Works. 23. Water: According to the applicant, water can be made available from the existing system on Mamalahoa Highway. 24. Wastewater: There is no municipal sewer system in the area. Sewage will be disposed of by individual wastewater systems meeting the standards and requirements of the State Department of Health. 25. Essential Utilities and Services: Utilities will be provided to each of the proposed four lots from the area's existing infrastructure. The nearest police station is located in Kealakehe, approximately five (5) miles from the properties. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four (4) miles from the site. The closest public schools are located in Kealakehe, approximately three (3) miles from the properties. AGENCIES'/ASSOCIATION COMMENTS 26. Real Property Tax Office (May 5, 2003 Memo): "There are no comments at this time; real property taxes are paid through June 30, 2003 for both parcels." 27. State Land Use Commission (May 8, 2003 Letter): "Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgment of the County of Hawaii in this matter." 28. Department of Land and Natural Resources Historic Preservation Division (June 4, 2003 Memo): "We believe there are no historic properties present because previous grubbing/grading has altered [the] land. Thus, we believe that "no historic properties will be affected by this undertaking." 29. Department of Transportation (June 12, 2003 Memo): "The proposed land use and zoning changes will not impact our State highway facilities." 30. Department of Public Works: (See Exhibit B - June 3, 2003 Memo) 31. Department of Environmental Management: (See Exhibit C - May 16, 2003 Memo) -5- 32. Police Department: (See Exhibit D - May 13, 2003 Memo) 33. Kona Traffic Safety Committee: (See Exhibit E - May 21, 2003 Letter) AGENCIES - NO RESPONSES 34. Department of Water Supply, Fire Department, Department of Health, Department of Land and Natural Resources - Land Division, Department of Agriculture, Natural Resources and Conservation Services APPLICANT'S REPONSE 35. (See Exhibit F - June 2, 2003 and June 14, 2003 Letters) PUBLIC COMMENTS 36. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -6- STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII , PLANNING DEPARTMENT - P, ., (7 ype or legibly print the requested information) - PETITIONER: Clifford Kabumoto // 1 PETITIONER'S SIGNATURZl - / � � DATE: 1-� ADDRESS: P.O. Box 239 Kailua-Kon,/14 _air 96745 PETITIONER'S INTEREST IF NOT OWNER: Managing Member of Kabumoto Uriu, LLC TELEPHONE: (Bus.) 329-8171 LANDOWNER(S): Kabumoto LANDOWNER SIGNATURE, ADDRES (Res.) LLC Clifford K um to Managing Member ..., - ay b by letter) Kailua-Kona. Hawaii 96745 (Fax) TE: �Zt '0CP z, z TAX MAP KEY: (3) 7-3-19:21 & 30 STREET ADDRESS OF PROPERTY:_ ZONING: Agricultural 3 -acres (A -3a) SIZE OF PROPERTY: 7.315 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT: Gregory R. Mooers ADDRESS: Mooers Entemrices I I Kamuela, Hawaii 96743 d TELEPHONE: (Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: Clifford Kabumoto (See Instructions on Reverse Side) EXHIBIT CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Clifford Kabumoto 9 APPLICANT'S SIGNA ADDRESS: P.O. Box 239 Kailua-Kona, Hawaii 96745 LIST APPLICANT'S INTEREST IF NOT OWNER: Managing Member LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 329-8171 _ (Res. LANDOWNER(S): Kabumoto Uriu LLC, Clifford LANDOWNER SIGNATURE(S)(2k" / (9fay be by letter) LANDOWNER(S) ADDRESS: P.O. B / g Kailua-Kona, Hawaii 96745 (Fax DATE: 4 H f , C DATE: REQUEST: Agricultural 3 -acres (A -3a) TO Residential Agricutural 1 -acre (RA - la) (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-3-19:21 & 30 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 7.315 acres .AGENT: Gregory R. Mooers _t ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 885-6839_ (Res.)885-7126 (Fax)885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers Enterprises, LL -C COPIES: Kabumoto (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. g. How many acres of the requested area do you intend to subdivide? 7.3 15 acres b Into what lot siz �s? 1+acres 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? immediate d. Do you intend to guild houses on the newly created lots? pe CS If yes, please answer the following questions: On how many of those lots? At what app.oximate 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 tcgether with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the .and to someone who has firm plans? b. Sell or lease the .and to someone who has tentative plans? Sell or lease the '.and to someone who has no plans"? d. Keep Lt? e. P. I. 2 5/89 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 yocr request and your further plans for the land will alleviate the local housing situation? Yes It will allow the creation of four residential -agricultural lots in this highly desirable area of North Kona. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend tc do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinde of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. commodity to be produced? What kinds of commodity'? L. Suitability of the proposed lot -size for that commodity? sufficient farm :ize to allow reasonable chance of success in s commercial agriculture? -2- Agricultural leasas or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a chance of zone. :f you do not intend t3 subdivide the subject land for some sort of agricultural purpose, olease state your other reasons. The lots will allow for owners to produce agricutural products for their own consumption. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No if so, please describe the problem. 8• Do you think that the toads leading to the subject area needs improvements? No If so, what kind? Is the road adequate fcr the proposed traffic volume or load? Yes What sort of governmental assistance and/or improvements do you feel will. be needed in the subject area when developed? a. Schools b. Roads C Sewer Drainage -3- Yes No Yes Police Protection Fire Protection 9. Recreational Facilities h. Public Utilities Other No e For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: i Address: Bo 23,4 Kailua-Kona, Hawaii 96745 Teleohone: 329-6171 Date: -4- TABLE OF CONTENTS Page STATE LAND USE BOUNDARY AMENDMENT APPLICATION CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS i I. INTRODUCTION A. General Information........................................................... 1 B. Subject Request/Proposed Development ................................... 2 Il. CONFORMANCE WITH STATE AND COUNTY PLANS A. State Land Use Designation ............................................... 2 B. Applicable Goals and Policies of the General Plan ...................... 5 C. General Plan Designation................................................... 8 D. County Zoning Code ........................................................ 8 E. Community Development Plan .............................................. 8 F. Kailua-Keahole Regional Plan ............................................... 8 G. Special Management Area ................................................... 9 H. Chapter 205A: Coastal Zone Management Act ........................... 9 I. Mountain Access.............................................................. 9 III. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting ........................ 9 Historic Resources................................................................ 11 Cultural Resources................................................................ 11 Natural Resources (Flora -Fauna) ................................................ 1 ] Social -Economic Characteristics................................................ 11 SurroundingLands................................................................. 12 0 IV. PUBLIC FACILITIES AND UTILITIES A. Access......................................................................... 12 B. Traffic......................................................................... 12 C. Interior Roadways............................................................ 13 D. Utilities.......................................................................... 13 E. Water........................................................................... 13 F. Wastewater Disposal.......................................................... 13 G. Police Services................................................................ 13 H. Fire Services..................................................................... 13 I. Schools.......................................................................... 13 V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity. ................ ............. 13 B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact...................................................................... 13 A. Alternatives to rhe proposed development :.................................. 14 B. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented :............................ 14 VI. PROPOSED FINDINGS........................................................... 14 VIL EXHIBITS A. Grubbing Permit B. Biological Reconnaissance C. Location/Vicinity Maps D. State Land Use Boundary Amendment and Change of Zone Exhibits E. Site Photographs ii BACKGROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO RURAL CHANGE OF ZONE: AGRICULTURAL 3 -ACRE TO RESIDENTIAL -AGRICULTURAL I -ACRE Tax Map Key: (3) 7-3-19:21 & 30 Kohanaiki, North Kona, Hawaii Applicant: Clifford Kabumoto The applicant, Clifford Kabumoto, is seeking a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 3 -acre (A -3a) to Residential -Agricultural 1 -acre (RA -1 a) for a 7.315 acre parcel located at Kohanaiki, North Kona, Hawaii, Tax Map Key (3) 7-3-19:2d& 30. 2-I These requests are made to allow the subsequent subdivision of the property into 4 residential -agricultural lots with related improvements. I. INTRODUCTION A. GENERAL INFORMATION: The subject property is portions of lots 17 and 18 of Homestead Lots (Map No. 6) Akahipuu Section, Grant 4103 to Kikaha and Grant 4124 to J. Pipi at Kohanaiki, North Kona, Island and County of Hawaii, State of Hawaii. The property is owned in fee by Kabumoto Uriu, LLC. 1 13. SUBJECT REQUEST/PROPOSED DEVELOPMENT: 1. The applicant is proposing to redistrict a 7.315 acre property from the agricultural district to the rural district and change the zone from Agricultural 3 -acre (A -3a) to Residential -Agricultural 1 -acre (RA -1 a) to allow the subdivision of the property into 4 residential -agricultural lots in conformance with the new zoning designation. 2. The site is presently vacant and unused. This site has been used periodically to grow coffee and pasture livestock. The property has previously been grubbed to facilitate its use for agricultural pursuits. A copy of the grubbing permit issued in 1999 is attached as an exhibit. 3. The 7.315 acre lot is a roughly rectangular in shape located below Mamalahoa Highway just west of the Mamalahoa Highway- Kaloko Drive intersection. Please see the vicinity maps and rezoning exhibit in the exhibits. 4. A portion of the Old Government Road loops down from Mamalahoa Highway and provides access to the southern portion of the site. There is also a Homestead Road on the northern property boundary. Please see the change of zone exhibit. 5. Access to the proposed subdivision is proposed to be from Mamalahoa Highway and the Old Government Road remnant for the southern two lots and the Homestead Road for the northern two lots. 6. There are no proposed interior roadways. 7. Utilities will be provided to each of the proposed 4 lots from the area's existing infrastructure. 8. Infrastructure construction on the first lots will begin immediately after all governmental approvals are secured. II. CONFORMANCE WITH STATE AND COUNTY PLANS: A. STATE LAND USE DESIGNATION: The State Land Use District Classification of the subject parcel is Agricultural. One component of this request is to re -district the Agricultural property to the Rural District. It should be noted that since 1985, pursuant to State law, the Counties are allowed to process amendments to the district classification if the land area is less than 15 acres. In this case the subject parcel consists of 7.315 acres. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities of uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city -like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1. 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low- density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State. or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction offulfilling the permissible uses of the rural designation. The reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio -cultural advancement - Housing objectives and policies: (a) Planning for the State's socio -cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. 4 (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate -income and gap -group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. B. APPLICABLE GOALS AND POLICIES OF THE GENERAL PLAN: A. ECONOMIC GOALS • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 5 M. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social. cultural, and physical environments of the County. POLICIES • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. ' • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. F H. HOUSING GOALS • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. 0 • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, etluric background, and income. • The cornerstone of the County's housing programs and activities shall continue to be the encouragement and expansion of appropriate home ownership opportunities for our residents. POLICIES • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • 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 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. 7 C. GENERAL PLAN DESIGNATION: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject property is designated as Urban Expansion Area. The Urban Expansion Areas allow for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where specific settlement pattern and mix of uses have not yet been determined. The applications to create a low-density residential -agricultural project are consistent with the urban form depicted on the LUPAG Map for this area of North Kona. D. COUNTY ZONING CODE: The zoning for these parcels is Agricultural 3 -acre (A -3a). One component of this request is to change the zone of the property to Residential -Agricultural I -acre (RA -la). The proposed use is consistent with this new designation. E. COMMUNITY DEVELOPMENT PLAN: The Kona Regional Plan, adopted in April 1984 by the Planning Commission designates the subject area as Residential - four units per acre. The proposed residential -agricultural development is consistent with the Kona Regional Plan. F. KAILUA-KEAHOLE REGIONAL PLAN: This more focused community development plan was prepared in 1989 and adopted by the County Council by Resolution on April 3, 1991. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. The K -K Plan designated this area for residential expansion. The proposed residential -agricultural use is consistent with this plan. G. SPECIAL MANAGEMENT AREA: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA permit. H. CHAPTER 205A: COASTAL ZONE MANAGEMENT ACT: The subject property is located over three and one-half miles from the shoreline surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. MOUNTAIN ACCESS: The subject property is surrounded by the regional roadway system, rural and residential subdivisions. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING Physical Characteristics/Environmental Setting: A. The 7.315 acre lot is a roughly rectangular shape located between Mamalahoa Highway to the east and a residential subdivision containing lots in the 7-10,000 sf range to the west. There is vacant land to the north and three acre lots to the south. Please see the location map and rezoning exhibit in the exhibits. B. The property's eastern and western boundaries are approximately 800 feet in length, the southern and northern boundaries are approximately 400 feet . C. The subject property's elevation is approximately 1600 feet at the eastern boundary. 0 D. Annual rainfall for the area is between 40 to 50 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. E. The site slopes from its eastern (mauka) boundary down to the western (makai) boundary at a grade between 6 and 15%. F. The site is presently vacant and has been previously used for pasturing animals and growing coffee. G. The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity of hazard. The U. S. Geological Survey designates the subject property as Lava Hazard Zone 4; about 5% of this area has been covered by lava since 1800 and less than 15% of this area has been covered by lava in the last 750 years. This area covers all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas. H. The site is located approximately 3.5 miles from the ocean at Keahole Point. I. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has classified this property as "other important agricultural land". J. The U.S.D.A. Natural Resources Conservation Services Soil Survey Report classifies the soil type as the Punaluu soil series. It is Punaluu extremely rocky peat. This soil type is characterized by rapid permeability, slow runoff and slight erosion hazard. In a representative profile_ the surface layer is black peat about four (4) inches thick. It is underlain by pahoehoe lava bedrock. This soil type is typically used for pasture. The Soil Conservation Service categorize this soil type as a Capability subclass VIPS, non -irrigated, which are typified as having severe limitations and being unsuitable for cultivation. K. The Land Study Bureau's overall master productivity rating system classifies the soil as Class "D" or Poor for agricultural use. L. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the majority of the property is in Zone "X", an area outside the 500 -year flood plain. The applicants will abide by all applicable County guidelines 10 for run-off generated by the development. Any improvements must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Historic Resources: An archaeological reconnaissance was conducted by Marc Smith of the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) in 1999 in conjunction with the applicants request for a grubbing permit. Mr. Smith signed the permit concurring that here were no historic site s remaining on the subject property. Please see the exhibits for a copy of this permit. Cultural Resources: No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. ,Natural Resources (Flora -Fauna): As previously mentioned, the site has been grubbed and formerly used for growing coffee and pasturing animals. A biological reconnaissance was conducted by Dr.s Terry and Hart in January 2003. Please see the exhibits for a copy of their report. Social -Economic Characteristics: A. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time, up to one- fourth of those present in Kona are visitors. The ethnic composition of the North and South Kona Districts at the time of the 1990 U.S. Census was as follows: Caucasian: 54.6 %; Hawaiian: 18.6 %; Japanese: 13.6%; Filipino: 8.3%; Other: 5.3%. This distribution illustrates a multicultural community with no distinct minority groups, 11 although the Caucasian population is an expanding majority (Source: U.S. Census Data: Table 6, :1990 Census of Population. General Population Characteristics," 1990 CP -1-13) B. Economic resources of the area: This area is a rural -residential community. The site is surrounded by residential subdivisions of various densities. These subdivisions include Kona Heavens. Kaloko Houselots, Kaloko Orchards, Kaloko Mauka Subdivision and Kona Hills Estates. C. Land Values: According to knowledgeable Realtors in this area, one -acre residential - agricultural lots in this immediate area sell for $120,000 to $150,000 Surrounding Lands: Land Use/Zoning: The property to the north is vacant and zoned A -3a, further to the north are nonconforming lots in the 10,000 sf range. The property to the south is zoned A -3a and has residential and rural uses. To the west is a subdivision which is zoned A -3a but has nonconforming lots in the 7,000 to 10,000 sf range. Properties to the east are of mixed zoning; A-1 a. and RS -15 and mixed residential and rural uses. IV. PUBLIC FACILITIES AND SERVICES A. The proposed access point to the subject property is from Mamalahoa Highway via a portion of the Old Government Road and a homestead road on the northern boundary of the subject property. B. Traffic from this project should be accommodated by the existing roadway infrastructure. The traffic generated by the proposed 4 units, falls far below the guideline suggested by the Institute of Transportation Engineers that " a traffic access/impact study be conducted whenever a proposed development will generate 100 or more added (new) peak direction trips to or from the site during the adjacent 12 roadways' peak hours or the development's peak hour" (from Traffic Access and Impact Studies for Site Development, A Recommended Practice, 1991). C. There will be no interior roadways. D. Utilities will be provided to each of the proposed 41ots from the area's existing infrastructure. E. Water can be made available to the site from the existing system on Mamalahoa Highway. F. As there is no municipal system in this area, sewage will be disposed of via individual wastewater treatment systems approved by the State Department of Health. G. The nearest police station is located at Kealakehe, approximately five miles from the project site. H. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four miles from the site. I. The nearest public schools are located in Kealakehe, approximately three miles from the subject property. V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short- term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long- term consequences has been identified for the proposed action. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated in accordance with agency requirements. 13 C. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This would not allow the development of 4 lots for residential -agricultural purposes in this heavily urbanized and desirable area of North Kona. It would also not increase the real property tax base as the proposed action would. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of 4 additional residential -agricultural units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions applied to this request would help insure the protection of the natural and cultural resources on the property. There arc presently no such conditions placed on the property. VI. PROPOSED FINDINGS Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of the boundary amendment and change of zone applications. 14 EXHIBIT A Grubbing Permit FROM : CLIFF FA?; N0. : Jan. 30 2003 03:36PM P2 County of Ilawaii DEPARTMENT OF PUBLIC WORKS GRUBBING PERMIT N0.y- Owner: (L�rFKnd�Ui�oTo Civil Engineer, Fee $ 1'0 Z I J �,, 1 2 2 Address: -� � _ � ��I_I Phone: -cD L1,1JC�(lJLJoo�rS� f^ > Address: Phone. License No. Contractor:.D10 Nj ,(s -... _- .-----_ _--- Address: _.,.......__.- Phone License No _ Location - Tax Map Key: 3 Area (acres): 7_ Estimated Starting Date.--� --i _ Estimated Completion Date: (2 working days minimum after issuance date) Remarks: —(� -- ---- Y --- ----- --- 1. ❑ STATE DLNR - HISTORIC PRESER\,'\TION Received By: _ _ _ — Date: --. —. ._.., ... Listed on the Hawaii or National Regislei of Historic Placrc- 2. 0 PLANNING DEPARTMENT Received By. �ihf'tC - Dale. — 3. ❑ DEPARTME ELIC WORKS p Received By: _ (- Date: _ b 2i1' _LL. Approved for Permit Issuance' Dale: l ❑ Yes ❑ No Appv d for Permit Issuance: _� Dale: Approved for mit Is n Date: G•y�• 99 I hereby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. 1-7 Date: Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by. (DPW inspecor 1 engineer) 9mbL,1,4 .na.auaesi 26. 1998 A 11 - r .- Date: EXHIBIT B Biological Reconnaissance I p to BIOLOGICAL RECONNAISSANCE TMK 7-3-19:21 By Ron perry, Ph.D, and Patrick Hart, Ph.D. Geometrician Associates, LLC January 2003 Introduction This report describes the results of a biological reconnaissance of a 7.186 -acre property that is located makai of Mamalahoa Highway in Kohanaiki, North Kona, and planned for development. Purpose and Methodology The objectives of the survey were to: 1) describe the vegetation; 2) list all plant species encountered; 3) list all avian and mammal species observed (no reptile, amphibian or invertebrate analysis was included); 4) identify threatened or endangered species; and 5) assess the value of the parcel for conservation of rare. threatened or endangered native plant and vertebrate species. The area was surveyed on foot by P. Hart and R. Terry on January 11, 2003. All portions of the proposed project area were surveyed. Species were identified in the field and, as necessary, collected and keyed out in the laboratory. Special attention was given to the possible presence of any federally (USFWS 2000) listed endangered plant or animal species. Results. Flora Based on rainfall, geologic substrate, and existing vegetation, prior to human disturbance. the area probably supported a Lowland Dry-Mesic Forest (Gagne and Cuddihy 1990), with 'ohi `a (Metrosideros polymorphs), lama (Diospyros sandwicensis) and alahe`e (Psydrax odoratum) as dominants. Coffee farming and perhaps other activities have extensively transformed the vegetation, although traces of the original structure appear to remain. The vegetation of the property is now largely alien, with a canopy dominated in most places by a variety of alien trees including mango (Mongifera indica), silk oak (Grevillea rohusta), melochia (Melochia umhellata), strawberry guava (Psidium cattleianum), and Christmas berry (Schinus terebinthifolius). Dominant understory plants include the aliens coffee (Coffea arabica — a remnant of cultivation), guinea grass (Panicum maximum), sourbush (Pluchea symphitifolia) and comb hyptis (Hyptis pectinota), which are woven together in almost impenetrable thickets distributed over more than half the property. Despite the heavy infestation by alien species, a number of native plant species are present, mainly as remnants of the original vegetation that were never removed. These include several dozen mature 'ohi'a (iMletrosideros polymorpha), a smaller number of impressive lama (Diospyros sandwicensis), and locally numerous alahe'e (Psydraz odoratum). A small, remnant grove of mature hala (Pandanus tectorius) is present near the makai center of the property. Scattered mamaki (Pipturus albidus) of various size classes indicates that this often pioneering plant is actively being recruited, even in a vegetation dominated by aggressive aliens. All plant species identified on the property are listed below in Table 1. Table 1 Plant Species Observed on Site Scientific Name _ Family Common Name Life Form Status Aleurites moluccana Eu horbiaceae Kukui Tree A Buddleia asiatica Buddleiaceae Butterfly bush Shrub A Caesal inia deca etala Fabaceae _ Mysore thorn Vine A Carica papaya Caricaceae Papaya Tree A Clusia rosea Clusiaceae Auto rah tree Tree A *Cocculus triloba Menis ermaceae Huehue Vine 1 Coffea arabica Rubiaceae Arabian coffee 'free _ A Cord line fivticosa Agavaceae Ti Shrub _ A__ _ Desmodium s . Fabaceae _ Desmodium_ Herb A _ Dios yros sandwicemis Ebenaceae Lama _ Tree E Grevillea robusta Proteaceae Silk oak I ree A Hyptis pectinata Lamiaceae _ Comb hy tis Shrub_ _ A 1 omoeaindica Convolvulaceae Koali'awa Vine _ 1 Kalanchoe purnata Crassulaceae Ai lant Herb _ A Lo hos ennum erubesce_ns Scrophulariaceae _ Roving sailor Vine A Man ifera indica Anacardiaceae Mango Tree A Melochiaumbellata Sterculiaceae Melochia _ A Metrosideros of morphs__ M_yrsinaceae Ohia _ _Tree Tree E O lismenus hinellus Poaceae Basketerass Grass __ A Pandanus tectorius Pandanaceae Hala Tree_ _ I _ _ Panicurn maximum Poaceae Guinea grass Grass _ A _ Persea americana Lauraceae Avocado Tree A Phlebodium aureum Polypodiaceae Hare's foot fern Fern A Pi turus albidus Urticaceae Mamaki Shrub E Pluchea symphytifolia Asteraceae Sourbush Shrub A Psidium cattleianum_ Mvrtaceae Strawberry guava Tree A _ *Psilotum nudum Psdotaceae Moa_ FernI *Psydrax odoratum Rubiaceae Aaahe'e Tree I _ Rubus rosifolius Rosaceae Thimblebea _Shrub A _ Schinus terebinthifolius Anacardiaceae Christmasberq/ Tree A Syzygium jambos Myrtaceae Rose -apple Tree A _ Waltheria indica Sterculiaceae Uhaloa Herb I * A aalien, E = endemic. 1 -- indigenous Results: Birds The avian fauna was overwhelmingly dominated by alien species, including Common Myna (Acridotheres tristis), Japanese White -eye (Zosterops japonicus) and Northern Cardinal (C'ardinalis cardinalis). Nevertheless, several native birds were seen during the survey. An endangered Hawaiian Hawk (Buteo solitarius), which are often observed in Kona, was seen flying overhead, and an amakihi (Hemignathus virens virens) was observed feeding in an 'ohi'a. It is quite possible that other native forest birds, seabirds or migratory birds utilize or fly over the site, but it is unlikely that any with threatened or endangered status would find the site suitable habitat or be affected by activities that occur on the parcel. All bird species observed are listed in Table 2. Table 2. 1 ict of hird species detected on nroiect site Scientific Name_ Common Name Acridotheres tristis Common Myna Cardinalis cardinalis Northern Cardinal Carpodacus mexicanus House Finch Geopelia striata _ Hemignathus virens virens Zebra Dove *Hawai`i Amakihi Padda oryzivora Java Sparrow Stre topelia chinensis Zosteropsjaponicus Sported Dove Japanese White -eye Buten solitarius *Fo (Hawaiian Hawk) * indicates native endemic species Results: Mammals The only native Hawaiian land mammal, the Hawaiian Hoary Bat (Lasiurus cinereus semotus), may also be present in the area, as it is present in undetermined numbers in many areas on the island of Hawai'i. Observation took place in daylight, and therefore the lack of bat observations does not signify an actual absence of bats. As with the hawk, the project area would not be expected to represent essential habitat for this species, but Hawaiian Hoary Bats have been known to roost in a wide variety of alien and native trees. Introduced mammals that would be expected to occur on the property include mongooses (Herpestes auropunetatus), feral cats (Felin catus), rats (Rattus spp.) and mice (Mus musculus domeslicus). During the survey, none were actually observed on the property. Flora, Fauna and Ecosystems: Impacts and Mitigation Measures Other than the Hawaiian Hawk, no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service was observed on or near the property. The property does not likely represent unique or important habitat for the hawk, as it forages widely over a variety of natural, semi -natural and disturbed vegetation types. However, there is at least some possibility that a hawk might nest in one of the 'ohi'a trees on the property. Hawaiian Hawks nest between May and October. It is recommended that if landclearing is planned between late April and early November, a systematic search for Hawaiian Hawk nesting activity be conducted by a qualified ornithologist in accordance with currently accepted USFWS protocols. If nests are found, consultation with the Hawaii Division of Forestry and Wildlife and the U.S. Fish and Wildlife Service should be undertaken to determine mitigation and when construction may occur. Although the property does not contain rare plant species or unique or valuable ecosystems, the remnant native tree species have some conservation value and may also provide interesting features for landscaping. It is therefore also recommended that the landscaping plan incorporate preservation of some individuals of the native tree species 'ohi'a, hala, lama, andior small areas containing these species. Literature Cited Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45-114 in W.L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawai'i. 2 vols. Honolulu: University of Hawaii Press. U.S. Fish and Wildlife Service (USFWS). 2000. Threatened and endangered plants in Hawaii. Washington: GPO. ri F' EXHIBIT C LocationNicinity Maps 0 L. A B KALAQA C -7 D E r� � /In 1 MILE -� Ns. MalWr�Hnnnn C'nnnrry Club Oro R 2 a aa K..I. �+2uklS //msld. 72-1099 J2mm I E n Univ. N!a BC � 'm0 %\' C •G� q Wrrr m O C O m C m KALAOA fir' rob e, 'a lm. Pard wager y gHoopat \oma A M aula Rd an y G m a ln/eoe xrahalr p� 7C Kaalel ✓rw y - Hamanamana Oluolu� �' S[ .4 M WC 0 -----__ -_� _ e m Punahaole Rd _ _ _ i n a r o n. ahi Dr T- - - - - - - Mahila . O ,'� 04� "o � v Donahue Rd _ - - - - - _ _I - - COI w A Illi •x pl gl K . Nix hl. Loc 9 Dr P,\. Ahulani �3'+." St Kana • ,a.9 h v ..n n Ahikawa N a2 St Yn" 33. 's y Q Krah.lr B er ° m. mP w, n flu n734265 A o 7 Nawahie z _ Xela.e Peliradri ''r'n a an. Zione ° len. M.Farm A _ a 0.-1 yi tl h as • C2 Old K.I. &I m o' Awakea to ,x y ..1 Z Jno no n -� o St _ Kamaka Ln Hi'olani lhum�oe - Kaiminani � x _ Dr 4x m 5 'Y. St Kona m c a r m A,er m ' N N X.na Nilo m d KInOLLIU ! In, aved — Eal L G Q Kana Hamo oma a.m. aced KkIna PI Z. I In d K.hawa;h; Hmeld{mid Hmsld Rd Nona -9 4wd_ Churchrof God a Lihau P.m; Go 'MRdka ��aA i b I0 h \II l \-LO\ \ $ S x.l. to K. 2L Orchhards ° �plO�' NaWli'. O Ba ¢rn O Kew, /l O 9her Oa kr A _ S I c D I E I in 1 'IAAIIC'91 1 -0 -10 -OR -IgG1 'IL'IIPMPU EXHIBIT D State Land Use Boundary Amendment and Change of Zone Exhibits j 1'1 0 ° w r X r i 0 � ° o xQ a.o a Ct R � 02 ct x iA U I LZW Il `tOv Y /} °• �zi o Q� ti2U Cf) ° w r X r i X R � �a 1 iA I I R � �a 1 I I r I .. I LL O y x c o D o a o m 0 x zo Boa �a W � oxto,� zo C7 SQ `o Y -Z \ 9 u o ccr o Z Y c \n � O LL Y LL \ 9 \n A EXHIBIT E Site Photographs DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII 2-903 IN 5 R( o 27 HILO, HAWAII fy ' `iyl Ir ��LNT DATE: June 3, 2003 UMIW, , TO Christopher J. Yuen, Planning Directr,r Planning Department FROM Galen M. Kuba, Division Chief, Engineering Division SUBJECT Change of Zone Application (REZ 03-007 ) Applicant: Clifford Kabumoto Location: Kohanaiki, N. Kona TMK: 3 / 7-3-019: 021, 030 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. If required by DPW, a drainage study shall be prepared, and the recommended drainage system shall be constructed meeting will; the approval of DPW. EARTHWORK I. 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 Memorandum to PD June 3, 2003 Page 2 of 2 ROADWAYS 1. The Old Government Road, fronting the subject property is under the jurisdiction of the Hawaii Departinent of Transportation (HDOT). Comments and requirements concerning this road should be obtained from the HDOT. However, we suggest that the south Old Government Road approach be aligned with Kaloko Drive. It is possible this could be accomplished when the Kaloko Drive intersection is improved. The existing approach conflicts with turning movements to Kaloko Drive, a condition that will be aggravated by the proposed channelization. Perhaps the fair share for roads could be contributed to that improvement. Given that improvement, we would recommend the entire subdivision be served by the Old Government Road approach. The subdivision road should be constructed to dedicable standards to the north boundary of the subject property and be dedicated upon request by DPW or open to public use. 2, The Homestead Road, fronting the subject property is a government road, not maintained by the County. It has an approximate 8 -ft. wide concrete pavement which may not be within the existing right-of-way. It is substandard based on width, grade and existing pavement section. The grade appears to exceed the 18% maximum for a subdivision road. The approach to Mamalahoa Highway is steep, at an acute angle, and has poor sight distance to the south. Should this route be used to provide access, the applicant should widen and improve Homestead Road along the entire subject property frontage and the Mamalahoa Highway approach, meeting with the requirements of the Subdivision Code and the DPW. Improvements should provide for public use, given the Homestead Road is a public right-of-way . 3. Install streetlights, signs an markings meeting with the approval of the DPW, Traffic Division. 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 PLNG-KONA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION COUNTY OF HAWAII - 108 RAILROAD AVENUE - H1L0, 111 96720 �= 1111,0(808)961-8339 WAIMBA (808)887-3018 KONA (808)127-3507 Date: Jr' /(o Lip J MEMORANDUM TO: Christopher Yuen, Director Planning Department FROM: /'�' , �AL6d � Solid Wase Division SUBJECT: SOLID WASTE MANAGEMENT PLAN Relating to the subject application for KAAamor-o, CLl this division has a) NO comments and/or b) THE FOLLOWING clarifications/comments, as indicated: (� Commercial operations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( ) Arnple roorn should be provided for recycling. (�) Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo Transfer Stations. EXHIBIT Harry Kim hlecor' I lig' I li (. ('S �p F May 13, 2003 Ice FROM County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • I Wit, Hawaii 96720-3998 (808)935-3311 • Faa(808)961-2389 CHRIS (dPHER . YUEN LANNING DIRECTOR /c ILLC. TH AS J. HIC 0 , AS51STANPOLICE CHIEF, AREA II OPERATIONS SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-002) REQUEST: Agricultural to Rural CHANGE OF ZONE APPLICATION (REZ 03-007) REQUEST: A -3a to RA -la APPLICANT: Clifford Kabumoto TAX MAP KEY: 7-3-19:21 and 30 Lawrence K. Mahuna Police Chief Harry S. Kubojiri Deputy Police Chief After reviewing the Rezoning Application from Mr. Clifford Kabumoto, our staff has some concerns with ingress and egress from this proposed subdivision onto Mamalahoa Highway. Page 2 of the application notes the following, "5. Access to the proposed subdivision is proposed to be from Mamalahoa Highway and the Old Government Road remnant for the southern two lots and the Homestead Road for the north two lots," We recommend that any added use of either the Old Government Road or the Homestead Road as a subdivision access onto Mamalahoa Highway include improvements of the intersections to meet both County and State intersection requirements. With increased traffic, these intersections should not be treated like private driveways. Should you have any questions, please contact Captain John Dawrs, Kona District Commander, at Phone No. 326-4211. EXHIBIT 035117., r r- Pi onr Krnoa T, alit Sarty Coimniuee 808-331-276 t Ta C'lu is Yves Date: 5/23/03 Time 1033 16ANI Page t of 2 r r] nil 77-180 K[KAI PLACE • KAuuA-KoNA • IinwAi'196740 - 808-331-2765 - ktsc@hawaii.rr.com promoting a safe environment for all modes of land transportation in the districts of North and South Kona May 2T403 Chi isYuen, Director Hawai' i County Department of Planning 25 Aupuni Street, I Ilio, Hawai-i 95720 Dear Director Yuen, RF: Clifford Kaburnoto Request A -3a to RA -la fax Map Key 7-3-19: 21 & 30 State Land Use Boundary Amendment Application SITU 03-002 Change of Zone Application RL/ 0 s-007 We. have looked over the above propact, and would recommend the following: At die entry/exit of Old Government Road onto Mamalahoa Highway, across from Kaloko Drive, install a 4 way stop or a signal light at the intersection. Residents a year ago wanted something done with that intersection, as sight and volume were bad Allowing ingress/egress across would make the current situation even worse. 2. Old Government Road and Homestead Road should be brought up to county code or be considered for linear park development at the expense of the developers (i.e., the portion surrounding die project only.) Submitted by: Kona Traffic Safety Committee May 22, 2003 EXHIBIT v" 035504 June 2, 2003 Mr. Christopher Yuen Director planning Department County of Hawaii 101 pauahi Street I lilo, llawaii 96720 3 Pm 1 ?1 P,4ENT MOOERS ENTERPRISES, LLC P.O. Box 1 10 1 KAMUELA, HAWAII 96743 Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 03-002) CHANGE OF ZONE REQUEST (REZ 03-007) PETITIONER: CLIFFORD KABUMOTO TAX MAI' KEY (3) 7-3-19:21 & 30 Dear Mr. Yuen: Your staff bas faxed me copies of agencies comments on the applications identified above and asked that I respond. Department of Environmental Management: The applicant understands that commercial operations may not use transfer stations for solid waste disposal. The applicant further understands that green waste can only be disposed of at the I lilo and Kailua transfer stations. Department of Finance, Real Property Tax Division: The applicant concurs that all property taxes have been paid on the subject parcels. Police Department and Kona Traffic Safety Committee: The applicant is well aware of the traffic safety issues related to ingress and egress to the subject property. It is our understanding that the intersection of Kaloko Drive with Mamalahoa IIighway will be improved with a traffic signal utilizing the fair share assessments being collected for numerous changes of zone and subdivisions in the Kaloko Mauka Subdivision. The improvement of this intersection with a four-way signal will address the concerns raised by the Police Department and the Kona'l ratfic Safety Committee. The applicant recognizes that he will be assessed an impact related fee to help with this intersection improvement and is willing to participate. The request fur this applicant to unilaterally make improvements to this intersection, which is a regional traffic problem, for access to one additional lot is unwarranted and unfair. We believe the applicant's participation in this subdivision improvement by assessing impact related fees is the appropriate requirement. '� PHONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM EXHIBIT Y 0 NI'. Chris Yuen June 2, 2003 Page Two I he homestead road to the north of the subject property also has a substandard intersection with Mamalahoa Highway. A pending change of zone application for Hualalai Vistas, LLC for TMK: 7-3-7:27 & 50 proposes to create a new access point that could provide ingress egress for all lots currently using the homestead road. This applicant proposes to utilize that improved access point for the northern two lots. Should that access point not be provided or the Hualalai Vistas, LLC application be denied, the applicant could reconfigure his subdivision to provide all access through the new Kaloko-Nlamalahoa signalized intersection. If yoc::aa;f":eyui:c :alaiuonai information m have any questions, please contact me directly. Sincerely, -/Greg( Z. Mooers president GRM;Iy June 14,2003 i Mr. Christopher Yuen Director, Planting Department County of Hawaii „. 101 Pariah Street Hilo, Hawaii 96720 MOOERS ENTERPRISES, LLC P.O. BOX 1 10 1 KAMUELA, HAWAII 96743 rM 1 %F 'al Re: STATE LAND USE BOUNDARY AMFNDMF.NT (SLU 03-002) CHANGE OF ZONE REQUEST (REZ 03-007) PETITIONER: CLIFFORD KABUMOTO TAX MAP KEY (3) 7-3-19:21 & 30 Dear Mr. Yuen: Your staff has faxed me copies of Public Works' comments on the applications identified above and asked that I respond. The applicant will comply with all regulations related to drainage and earthwork. The applicant is well aware of the traffic safety issues related to ingress and egress to the subject property. It is our understanding that the intersection of Kaloko Drive with Mamalahoa Highway will be improved with a traffic signal utilizing the fair share assessments being collected for numerous changes of zone and subdivisions in the Kaloko Mauka Subdivision. The improvement of this intersection with a four-way signal will address the concerns raised Public Works. The applicant recognizes that he will be assessed an impact related fee to help with this intersection improvement and is willing to participate. We believe the applicant's participation in this subdivision improvement by assessing impact related fees is the appropriate requirement. The homestead road to the north of the subject property also has a substandard intersection with Mamalahoa Highway. A pending change of zone application for Hualalai Vistas, LLC for TMK: 7-3-7:27 & 50 proposes to create a new access point that could provide ingress egress for all lots currently using the homestead road. 'I his applicant proposes to utilize that improved access point for the northern two lots. Should that access point not be provided or the Hualalai Vistas, LLC application be denied, the applicant could reconfigure his subdivision to provide all access through the new Kaloko-Mamalahoa signalized intersection as suggested by Public Works. If you or your staff require additional information or have any questions, please contact me directly. Sincerely, Grego . Nloo President GRM_jy PHONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM