HomeMy WebLinkAboutCOM 0243.000 2004-2006 ,MSV or x~
Harry Kim Dixie Kaetsu
Mayor r' Managing Director
' Peter L. Hendricks
~'oi'M~~' Deputy Managing Director
COUNTY OF HAWAII
25 Aupnni Street. Room 215 I Iilq Hawaii 96720-4252 (808) 961-821 I Fax (808) 961-6553
KONA. 75-5706 Kuakini Highway, Sui[e 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 Cax (808) 326-5663
April 19, 2005
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members: -
Amendment to Change of Lone Ordinance 92-7 (REZ 705)
Applicant: Puluwai, LLC
Request: Time Extension to Conditions B, C & O
I'ax Map Key: 2-4-3:portion 21
Change of Zone Application (RE7 04-028)
Applicant: Jeffrey Hunt
Request: RS-10 to CV-10
Tax Map Key: 1-5-1]:10
(State Land Use Boundary Amendment Application (SLU 04-012)
Request: Urban to Agricultural and Agricultural to Urban
Change of Zone Application (REZ 04-027)
Request: RM-1 to A-20a & A-20a to RM-1
Applicant Johanna Leaird/Kamehameha Schools
Tax Man Key: 2-6-8:por 22 and 2-6-9:por 8
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
(6. Mayor
LA42205may
Enclosures ~ ( Z
cc: Planning Department Comm. No.
B~t1d Q'`It9S ~ Ref. To:_
Hawaii Rmnly is an Equal Opportunity Employer and Provider Ref. Date
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County of Hawaii
PLANNING COMMISSION _
Aupuni Center • 101 Pauahi Street, Sui[e 3 • Hilo, }lawai`i 96720 ~ ~ _
Phone(R08)961-8288 • Fax (808)96]-8742 -
April 18, 2005
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
State Land Use Boundary Amendment Application (SLU 04-012)
Request: Urban to Agricultural and Agricultural to Urban
Change of Zone Application (REZ 04-027)
Request: RM-1 to A-20a & A-20a to RM-1
Applicant: Johanna Leaird/Kamehameha Schools
Tax Map Key: 2-6-8:por 22 and 2-6-9:por 8
The Planning Commission, after a duly held public hearing on April 1, 2005, voted to
recommend for your approval the proposed legislative bills for a state land use boundary
amendment for 1,771 square feet of land from the Urban to the Agricultural District and 20,084
square feet of land from the Agricultural to the Urban District and a change in district
classification for 1,771 square feet of land from aMultiple-Family Residential 1,000 square foot
(RM-1) to an Agricultural 20-acre (A-20a) district and 20,084 square feet from an A-20a to a
RM-1 district. The properties involved are located along the west side of Wainaku Street,
adjacent to and north of Dodo Mortuary, Puueo, South Hilo, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the applications:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Urban District for 20,084 square feet of land will not be violative of Section 205-2,
Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with the
Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan.
Hawni'i County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
According to the Hawaii Land Use Commission Rules, one of the standazds for
considering an area for urban reclassification states that "lands contiguous with existing
urban areas shall be given more consideration than non-contiguous lands, and particularly
when indicated for future urban use on State or County General Plans." The subject
property conforms to this standazd as it is situated adjacent to existing urban designated
lands. These urban lands include properties to the south and east (makai), which aze
zoned Multiple-Family Residential (RM-1) and aze developed primarily with apartment
buildings. In addition, properties to the northeast are zoned Single-Family Residential
(RS-10 and RS-15) and are developed with single family dwellings.
The reclassification action from the State Land Use Agricultural to the Urban
District would also achieve the following goals, objectives and/or policies articulated in
the Hawaii State Plan:
• Encourage an increase in economic activities and employment
opportunities on the neighbor islands consistent with community needs
and desires.
• Promote increased opportunities for Hawaii's people to pursue their socio-
economic aspirations throughout the islands
• Encourage urban developments in close proximity to existing services and
facilities.
The Urban boundary request would be consistent with the Land Use and
Economic goals and policies of the Hawaii County General Plan by creating new
economic opportunities. 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 land use pattern for areas within the County.
The proposed request conforms to the LUPAG Map which designates the project area as
Medium Density Urban Area. This designation allows for village and neighborhood
commercial and single family and multiple family residential and related functions
(multiple family residential-up to 35 units per acre). The subject request is to allow the
urban development of asingle-family dwelling, a Tea House and a bed and breakfast
operation. The area under consideration is consistent with the urban form established for
this section of the South Hilo District as depicted on the LUPAG Map.
Stacy Higa, Chairman
and Members of the County Council
Page 3
While a portion of the project azea is within the State Land Use Agricultural and
County's Agricultural zoned districts, it is not currently being used for active agricultural
purposes. The land is presently vacant of any structures or uses and is overgrown mainly
with African Tulip trees, Gunpowder trees, and Palm trees. Both properties have been
previously used for farming of ginger and tazo in the past. The State of Hawaii ALISH
Map classifies the area as unclassified. The Land Use Study Bureau's Overall Master
Productivity Rating for the soils in the area is "E" or "Very Poor." No endangered or
threatened species of floral or fauna nor any archaeological sites are anticipated to found
on the project site. Therefore, the reclassification of this area from the Agricultural to
Urban designation will not be detrimental to the reduction of this area from the
agricultural land inventory in the County of Hawaii.
The property is situated within close proximity to schools, commercial areas,
employment centers and public safety services. The project site is located in close
proximity to the urban/retail/employment center of Hilo. Therefore, the urban request
conforms with the Land Use Commission Rules which encourages urban developments in
close proximity to existing developments and to existing services and facilities.
In addition, the approval of the reclassification from the State Land Use Urban to
the Agricultural District for 1,771 square feet of land will not be violative of Section 205-
2, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with the
Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan.
According to the Hawaii Land Use Commission Rules, one of the standards for
considering an area for agricultural reclassification states that "it shall include lands with
a high capacity for agricultural production." The boundary amendment request is a land
exchange between the applicants to relocate Kamehameha Schools' existing easement
across Leaird's property and allow Kamehameha Schools to build a new access road for
their 1,553-acre agricultural property. This will increase the opportunity to improve
access and production of agricultural activity for Kamehameha Schools' large agricultural
property and will be consistent with the above listed agricultural reclassification standard.
The reclassification action from the State Land Use Urban to the Agricultural
District would also achieve the following objectives and policies for the economy
(agricu]tural) articulated in the Hawaii State Plan:
• Growth and development of diversified agriculture throughout the State.
• Enhance agricultural growth by providing public incentives and
encouraging private initiatives.
Stacy Higa, Chairman
and Members of the County Council
Page 4
Lastly, the agricultural boundary request would be consistent with the Land Use-
Agricultural goals, objectives and policies of the Hawaii County Genera] Plan by creating
new economic opportunities for the applicant, who will construct an improved access
road for their agricultural property.
All utilities and services are available to both properties. Access to the properties
will be From Wainaku Street, which is a 29-foot paved County road within an
approximate 60-foot right-of--way width. Water can be made available from the existing
8-inch waterline. All other essential utilities or services are or will be made available to
the development.
Both properties have no severe geological or topographical problems that cannot
be properly rectified or which would render the land unusable. According to the Flood
Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency
(FEMA), the project area is within Zone X, area determined to be outside the 500-year
flood plain. The project area is also located outside of any tsunami inundation area.
Based on the above findings, the approval of the State Land Use Boundary
Amendments complements the State Land Use District Regulations and is supportive of
the State of Hawaii Plan.
Change of Zone
The applicants have submitted applications for a Change of Zone for 1,771 square
feet from aMultiple-Family Residential 1,000-square foot (RM-1) to an Agricultura120-
acre (A-20a) district and 20,084 square feet from Agricultural 20-acre (A-20a) to
Multiple-Family Residential 1,000-square foot (RM-1) district.
The reasons for the request are that the applicants are doing a land exchange to
relocate Kamehameha Schools' existing easement across Leaird's property, which is
located in the gulch. This will allow a new access road for Kamehameha Schools and
allow Leaird's property to become a buildable lot. If the land exchange is not approved,
Leaird's property will remain anon-buildable lot. If approved, Leaird is proposing to
develop atwo-story residence (pole house), a Japanese Tea House with Bath House and a
multi-story unit with five bedrooms for a Bed and Breakfast operation.
The Planning Director is recommending that the 20,084 square foot area be
rezoned to Multiple-Family Residential 10,000-square feet (RM-10) instead of the
requested Multiple-Family Residential 1,000-square feet (RM-1) zoning. The applicant
(Leaird) is seeking to build several dwellings on the property, including asingle-family
Stacy Higa, Chairman
and Members of the County Council
Page 5
dwelling and a bed and breakfast operation. The RM-10 zoning would allow the
applicant to build her proposed development and allow the bed and breakfast operation as
a permitted use, thus not requiring a use permit. Additionally, the property is located
along a gulch and on a bad curve along Wainaku Street. By rezoning the area to RM-10
instead of RM-l, this will prevent future development of the property with apartments or
condominiums, thus preventing a larger development in an area not suitable for the
expanded use. A condition will also be added to require Leaird to rezone the remainder
of the property that is currently zoned RM-1 to RM-1 Q thereby preventing split-zoning of
the property.
[n 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 a comprehensive policy analysis approach that evaluations and decisions can be
made to better time or stage developments to achieve quality growth. The implications of
these evaluations and decisions must also be considered as they may have an impact on
other similar areas in the County.
The proposed change of zone from Agricultural (A-20a) to Multiple-Family
Residential (RM-10) zoned district will conform to, among others, the goals, policies and
standards of the following General Plan Elements:
LAND USE
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zone urban- types of uses in areas with ease of access to community services and
employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• 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.
Stacy Higa, Chairman
and Members of the County Council
Page 6
ECONOMIC
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
The proposed request (land exchange) will provide Leaird with an economic
environment that will allow her the opportunity to construct anon-profit bed and
breakfast operation for blind and disabled visitors. The retreat would offer ADA lodging
and educational classes. This would also create a new economic opportunity for the Big
Island of Hawaii.
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 land use pattern for areas within the County. The proposed request
conforms to the LUPAG Map which designates the project area as Medium Density
Urban Area. This designation allows for village and neighborhood commercial and
single family and multiple family residential and related functions (multiple family
residential-up to 35 units per acre).
The request also conforms to the 1975 Hilo Community Development Plan Land
Use Concept Map, which designates this area for multiple-family residential uses (RM-4).
The properties are located on the mauka (west) side of Wainaku Street, directly across
from the intersection of Wainaku Street and Halaulani Place. Leaird's existing property
is .59 acre in size. Kamehameha Schools' property is approximately 1,553 acres in size.
There are no existing structures located on either affected portions of the subject
properties. From Wainaku Street, Leaird's property runs mauka next to Pukihae Stream
along a steep gulch.
Stacy Higa, Chairman
and Members of the County Council
Page 7
The project site is situated within close proximity to schools, commercial areas,
employment centers and public safety services. The project site is located in close
proximity to the urban/retail/employment center of Hilo. Therefore, the reclassification
conforms with the General Plan which encourages urban developments in close proximity
to existing developments and to existing services and facilities.
The proposed change of zone from Multiple-Family Residential (RM-1) to an
Agricultural (A-20a) zoned district will conform to, among others, the goals, policies and
standards of the following General Plan Elements:
AGRICULTURAL
• The County shall assist in the development of basic resources such as water,
roads, transportation and distribution facilities for the agricultural industry.
• The County shall coordinate and encourage efforts to solve the problems of the
agricultural industry in the County of Hawaii.
The proposed request (land exchange) will provide Kamehameha Schools with a
new access road to their 1,553-acre parcel. The existing roadway is located in within an
easement through Leaird's property along the gulch. This will allow Kamehameha
Schools to extinguish the access easement and to create an improved access road for their
agricultural property.
All utilities and services are available to the both properties. Access to the
properties will be from Wainaku Street, which is a 29-foot paved County road within an
approximate 60-foot right-of--way width. Water can be made available from the existing
8-inch waterline. All other essential utilities or services are or will be made available to
the development.
There is no severe geological or topographical problems for both properties that
cannot be properly rectified or which would render the land unusable. According to the
Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management
Agency (FEMA), the project area is within Zone X, area determined to be outside the
500-year flood plain. The project area is also located outside of any tsunami inundation
area.
Both requests are not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately''/z mile from the nearest coastline
Stacy Higa, Chairman
and Members of the County Council
Page 8
and will not be impacted by coastal hazazd and beach erosion. There aze no identified
recreational resources, historic resources, public access to the shoreline or mountain
azeas, 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 both properties have
been previously used for farming of ginger and tazo in the past, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the subject
property. 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.
Both requests will not have a significant adverse impact to traditional and
customary Hawaiian Rights. 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 in terms of the cultural, historical, and
natural resources and the associated traditional and customary practices of the site:
Investieation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
The valuable cultural, historical, and natural resources found in the rezoning area:
As the properties have been used for agricultural purposes in the past and is located on
steep terrain next to the Pukihae Stream, an archaeological inventory survey of the site
was not conducted. A condition will be included to require the applicant to cease any
activities on the site and notify the Planning Department if any unanticipated
archaeological features or sites are discovered during the course of improving the site.
Possible adverse effect or impairment of valued resources: There is no evidence
of any traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of any known valued cultural, historical or native resources in the immediate
area. Therefore, to the extent to which traditional and customary native Hawaiian rights
are exercised, the proposed request will not affect traditional Hawaiian rights, and no
action is necessary to protect these rights. The subject property does not abut the
shoreline, therefore Hawaiian gathering and fishing rights is not an issue.
Based on the above findings, the above requests to reclassify the subject
properties would result in an appropriate land use pattern.
Stacy Higa, Chairman
and Members of the County Council
Page 9
For your favorable consideration, amendments to State Land Use Boundaries Map H-66 and
Section 25-8-32 (South Hilo Zone Map) and 25-8-33 (City of Hilo Zone Map), of the County
Zoning Code are transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendations for
your information.
Sincerely,
~ ' _
1
Fred Galdones, Chairman
Planning Commission
Llcaird02PC
Enclosures
cc: Ms. Johanna Leaird
Mr. Robert Rosehill
Department of Public Works
Department of Water Supply
Department of Land & Natura] Resources-HPD/Kong
Rodney Haraga, Director/DOT-Highways, Honolulu
Land Use Commission
BLeaird-KamSchools-RBZA4-027-SLU04-012.jwd 01-06-05
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JOHANNA LEAIRD AND KAMAMEHAMEHA SCHOOLS
STATE LAND USE BOUNDARY AMENDMENT (04-012)
CHANGE OF ZONE APPLICATION (REZ 04-027)
JOHANNA LEAIRD AND KAMAMEHAMEHA SCHOOLS has submitted
applications for a State Land Use Boundary Amendment for 1,771 squaze feet of land from the
Urban to the Agricultural District and 20,084 squaze feet from the Agricultural to the Urban
District. The applicants have also submitted applications for a Change of Zone for 1,771 squaze
feet from aMultiple-Family Residential 1,000-squaze foot (RM-1) to an Agricultura120-acre (A-
20a) district and 20,084 squaze feet from Agricultural 20-acre (A-20a) to Multiple-Family
Residential 1,000-squaze foot (RM-1) district. The properties involved aze located along the
west side of Wainaku Street, adjacent to and north of Dodo Mortuary, Puueo, South Hilo,
Hawaii, TMK: 2-6-8: portion of 22 and 2-6-9: portion of 8.
APPLICANT'S REQUEST
1. Request: The applicants aze requesting a
• State Land Use Boundazy Amendment from a Urban to an Agricultural District
and a Change of Zone from Multiple-Family Residential (RM-1) to Agricultural
(A-20a) for approximately 1,771 squaze feet of land; and a
• State Land Use Boundary Amendment from an Agricultural to a Urban District
and a Change of Zone from Agricultural (A-20a) to Multiple-Family Residential
(RM-1) for approximately 20,084 squaze feet of land.
2. Reasons for Request: The applicants aze doing a land exchange to relocate
Kamehameha Schools' existing easement across Leaird's property, which is located in
the gulch. This will allow a new access road for Kamehameha Schools and allow
Leaird's property to become a buildable lot. If the land exchange is not approved,
Leaird's property will remain anon-buildable ]ot. If approved, Leaird is proposing to
develop atwo-story residence (pole house), a Japanese Tea House with Bath House and a
multi-story unit with five bedrooms for a Bed and Breakfast operation.
-1-
ATTACH: Comm. 243
(Bills 94 & 95)
3. Cousolidation/Resubdivision (SUB 2004-0165): The applicants have submitted a
consolidation/resubdivision application, which has been deferred pending the outcome of
the State Land Use Boundary Amendment and Change of Zone requests.
4. Supporting information: The applicants have submitted the attached in support of the
requests. (See Exhibit A -State Land Use Boundary Amendment and Change of
Zone Applications)
STATE AND COUNTY PLANS
5. State Land Use Classification: Agricultural and Urban
6. County Zoning: Agricultural (A-20a) and Multiply Family (RM-1)
7. General Plan Land Use Pattern Allocation Guide (I.UPAG) Map: Medium Density
Urban, which allows for village and neighborhood commercial and residential and related
functions (3-story commercial, residential-up to 35 units per acre).
8. Hilo Community Development Plan: Adopted on May 21, 1975 by Planning
Commission Resolution No. 1, the Plan designates the azea for multiple-family
residential uses (RM-4).
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 hazazds, managing development, public participation, and beach
protection.
10. Special Management Area (SMA): The project site is not located within the County
SMA boundazy. The property is located less a''/x mile from the closest shoreline.
DESCRIPTION OF THE PROPERTIES AND SURROUNDING AREA
11. Properties: The properties are located on the mauka (west) side of Wainaku Street,
directly across from the intersection of Wainaku Street and Halaulani Place. Leaird's
existing property is .59 acre in size. Kamehameha Schools' property is approximately
1,553 acres in size. There are no existing structures located on either affected portions of
the subject properties. From Wainaku Street, Leaird's property runs mauka next to
-2-
Corrected copy. See Leird Background.
Pukihae Streazn along a steep gulch.
12. Surrounding Land Uses/Zoning: To the south and east (makai) aze properties zoned
Multiple-Family Residential (RM-1), which aze developed with apartments. Dodo
Mortuary is also located neaz the properties to the south. To the west (mauka) and
northwest aze lazger agricultural properties zoned A-20. To the northeast are properties
zoned Single-Family Residential (RS-l0 and RS-15), which aze developed with single
family dwellings.
13. U.S.D.A. Soil Survey Report: Rough Broken Land (RB). It is described as a
miscellaneous land type that consists of very steep, precipitous land broken by may
intermittent drainage channels. It occurs primarily in gulches, and the slope is
dominantly 35 to 70 percent.
14. Land Study Bureau: "E" or "Very Poor."
15. ALISH Map System: Unclassified.
16. Flora/Fauna Resources: Although no flora and/or fauna study was done, the
topographical map shows that the properties consist mainly of African Tulip trees,
Gunpowder trees, and Palm trees. There has been some landscaping along Wainaku
Street. No endangered or threatened species of floral or fauna aze anticipated to be found
on the project azea.
17. CulturaUArchaeologicaUHistorical Resources: The proposed requests are not
expected to have any adverse effect on archaeological resources as the project area was
previously utilized for agricultural purposes.
18. Flood Insurance Rate Map (FIRM): Zone X, azea determined to be outside the 500-
yeaz flood plain. The project azea is also located outside of any tsunami inundation azea.
PUBLIC FACILITIES AND UTILITIES
19. Access: Access to the properties will be from Wainaku Street, which is a 29-foot paved
County road within an approximate 60-foot right-of--way width. There aze curbs, gutters
and sidewalks along the makai side of Wainaku Street directly across the properties, as
well as along Halaulani Place.
20. Water: According to the Department of Water Supply, water can be made available
from the existing 8-inch waterline. However, as the applicant intends to establish a bed
-3-
and breakfast operation with a tea house, the Department requests that the applicant
submit the anticipated maximum daily water usage for Pazce122 as recommended by a
registered engineer. In addition, the Department also requires that a backflow preventer
be installed just after the meter on the customer's side.
21. Wastewater: No municipal sewer line extends to the azea and therefore, wastewater
disposal would be required to meet the approval of the Department of Health.
22. Other Essential Utilities and Services: Electricity, cable and telephone are available to
the site. Police and fire facilities are located in Hilo, which is approximately 2 miles
from the subject property.
AGENCIES' COMMENTS
23. Department of Environmental Management-Solid Waste Division (November 5,
2004 Memo):
"Commercial operations may not use transfer stations for disposal. Aggregates and any
other construction/demolition waste should be reused to its fullest extent. Ample room
should be provided for recycling. Greenwaste maybe disposed of only at the drop sites
located at the Kailua or Hilo transfer stations, or other suitable diversion programs."
24. Department of Public Works: (See Exhibit B -December 3, 2004 Memo)
25. Department of Water Supply: (See Exhibit C -December 28, 2004 Memo)
26. Fire Department: (See Exhibit D -November 16, 2004 Memo)
AGENCIES-NO COMMENTS
27. Police Department
AGENCIES-NO RESPONSE
28. Parks and Recreation, OfSce of Housing and Community Development,
Department of Land and Natural Resources -Land Division and Historic
Preservation Division, Department of Health, Land Use Commission, and Natural
Resources Conservation Service
PUBLIC COMMENTS
29. As of this writing, The Planning Department has not received any written objections or
comments from the general public or adjacent landowners on the subject application.
-4-
o,~,~~.t
CHANGE OF ZONE APPLICATION+
COUTNY OF HAWAII f'
PLANNING DEPARTMENT -
-
APPLICANT: Johanna Leaird (Revocable Living Trusst) and hameha Schools
APPLICANT'S SIGNATURE:- (/`~.~`~~DATE: 09-22-03
ADDRESS: P. O. Box 836, Hilo, Hawaii 96721 ~
LIST APPLICANT'S INTEREST IF NOT OWNER:
This application is for Johanna Leaird TMK 3-2-6-8-22 and Kamehameha Schools TMK
3-2-6-9-8.
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
Johanna Leaird from Johanna Leaird Revocable Living Trust
Bob Rosehill or Peter Simmons from Kamehameha Schools Land Asset Division in
Kailua-Kona, Hawau.
PHONE: 808-989-4266 (Email) leairdj@aloha.net
LANDOWNER SIGNATURES ~In ~ ~~i~~~ATE: 09-22-04
LANDOWNER(S) ADDRESS: P. O. Box 836, Hilo, Hawaii 96721
~~-~~ircr ~j,~ ~~F`c ~S
REQUEST: TMK 3-2-6-8-22 (1,771 sq. ft) from RMI TO: Agncultural ~-Zil~/Y
REQUEST: TMK 3-2-6-9-8 (20,084 sq. ft) from Ag 2p.~T0: RM1
TAX ivIAP KEY: Leaird's TMK 3-2-6-8-22 and Kamehameha School's TMK 3-2-6-9-8
STREET ADDRESS OF PROPERTY: TMK Only, not assigned one yet.
SIZE OF PROPERTY OF AFFECTED AREA(S) TO BE REZONED:
Leaird's portion is 1,771 sq. ft and Kamehameha School's portion is 20,084 sq. ft.
AGENT: Johanna Leaird Revocable Living Trust
ADDRESS: P. O. Box 836, Hilo, Hawaii 96721
TELEPHONE: 808-989-4266
ORIGINAL: Johanna Leaird COPIES: Johanna Leaird
EX IB1~6
ATTACHMENT (Land Exchange to Leaird)
Agricultural Rezoning for lot TMK 3-2-6-9-8 (Kamehameha Schools) to lot TMK 3-2-
6-8-22 (Johanna Leaird Revocable Living Trust) for a small portion of land to be
exchange. To be rezoned RM.
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide the subject land in
accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide?
(See attached diagram)
b. Into what lot sizes?
(See attached diagram)
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?
ASAP
d. Do you intend to build houses on the newly created lots? Yes
If yes, please answer the following questions:
On how many of those lots? 1 lot
At what approximate price range?
Primary Residence $250.000
Bed & Breakfast $350 000
Lot $ 25.000
Total $625.000
Approximately how long, after approval of the subdivision, would the first
house be available for occupancy? 1 •vear
If you intend to subdivide, please submit a preliminary schematic subdivision
plan together with your change of zone application form. Yes
2. If you have no firm plans of subdividing the subject area, do you intend to:
a. Sell or lease the land to someone who has firm plans? Yes
To Birds & Blossoms Retreat
b. Sell or lease the land to someone who has tentative plans? No
c. Sell or lease the land to someone who has no plans? No
d. Keep it? NA
e. Other (please explain) Yes
Birds & Blossoms Retreat is a non-profit organization. Ms. Leaird is the
founder and trustee. Lot TMK 3-2-6-8-22 is held in title under "Johanna
Leaird Revocable Living Trust." Ms. Leaird and the trust will lease a
portion of the land to the retreat. This is mandatory, per the IRS so that
Birds & Blossoms Retreat can remain aNon-Profit Organization. The
retreat will obtain grants and donations to build the Bed & Breakfast.
Ms. Leaird will build the Tea House and her primary residence within the
year. Birds & Blossoms Retreat will be built over afive-year period of
time. It will take that long to develop the programs and raise the funds.
Ms. Leaird is asking the County to assist her in working out a program so
the project can be a success and the building permits will not expirer.
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. ASAP
3. Do you think that your request and your future plan for the land will alleviate the
local housing situation?
Yes
How?
The rezoning would allow Ms. Leaird (TMK 3-2-6-8-22) an opportunity to
build anon-profit Bed & Breakfast for the blind and disabled travelers. This
is a much need source not only in Hawaii but also in the Hilo area. The retreat
would offer ADA lodging and educational classes. It would attract the local
people from Hawaii and around the world.
4. Are there any buildings on the subject area? No
If so, what kind?
The portion of land that will be exchange has no buildings on it.
5. Is the subject land currently being used for any agricultural activity? Some
The overall parcel is used for farming; however, the portion being exchange is
not in use and most of it is on the edge of a hillside or down in the gulch.
6. Was your request to allow for the creation of smaller agricultural lots? No
If so, did your plan include the following considerations? Yes
a. Commodity to be produced? None
a. What kinds of commodity? None
b. Suitability of the proposed lot-size for that commodity? NA
c. Sufficient farm size to allow reasonable chance of success in commercial
agriculture? Yes
The exchange in property and rezoning will benefit both parties. It allows
Kamehameha School access to Wainaku Avenue. It is a more direct for
the farmers to travel to the fields and would shorten their daily work
schedule. Time is money. It will provide Ms. Leaird a more uniform lot
to build upon. It will help produce revenues and in tum more taxes and
income for the state.
d. Agricultural leases or other forms of assurance that potential buyer or
leases would put the subject area into some for of agricultural use? Yes
Birds & Blossoms Retreat will be teaching classes in Agricultural
Exploration for the blind and disabled travelers. Please refer to the State
of Hawaii and Department of Tourism Report in 1999; it suggested "Niche
Markets" include tourism in Agricultural. This is one thing Birds &
Blossoms will be doing. It could be that the zoning codes are outdated
and need to be reviewed and update to change with the times.
7. To your knowledge, has there been any flooding and/ or drainage problem on the
subject area? No
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
However, people drive very fast on Wainaku Avenue around the bend in
the road. I would recommend putting a stop sign and crosswalk on the
north side of the fume on Wainaku Avenue for people who are heading
south into Hilo. Also, put a stop sign before the bridge for those people
traveling north out of Hilo. This would slow down the traffic and allow
the blind and disabled to cross the road safely. Another option would be
to install speed bumps in both directions.
9. What sort of governmental assistance and or improvements do you feel will be
needed in the subject area when developed?
a. Schools No
b. Roads No
c. Sewer No
d. Drainage No
e. Police Protection No
£ Fire Protection No
g. Recreational Facilities No
h. Public Utilities No
i. Other
For those checked "yes," please elaborate what type or kinds of improvements
and or assistance are needed.
Signature: ~1Nq~
Address: P.O. Box 836, Hilo, Hawaii 96721
Telephone: 808-989-4266
~~ZS
Date: , 2004
ATTACHMENT (Land exchange to Bishop)
Commerical, RM, Resort & Industrial Rezoning for lot TMK 3-2-6-8-22 (Johanna
Leaird Revocable Living Trust) to lot TMK 3-2-6-9-8 (Kamehameha Schools) for a small
portion of land to be exchange.
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I. 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 I and then to question 3.
a. How many acres of the requested area do you intend to subdivide?
(See attached diagram)
b. Into what lot sizes?
(See attached diagram)
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? ASAP
If you intend to subdivide, please submit a preliminary schematic subdivision
plan together with your change of zone application form. Yes
2. If you have no firm plans of subdividing the subject area, do you intend to:
a. Sell or lease the land to someone who has firm plans? No
b. Sell or lease the land to someone who has tentative plans? No
c. Sell or lease the land to someone who has no plans? No
d. Keep it? NA
e. Other (please explain) Yes
The exchange of land is for useable road access.
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. ASAP
3. What specific building plans do you have for the subject land? Include in your
answer the following: type of building, apartment, office, launderette, etc.
Financing arrangement; timetable for construction; and any other information,
which you feel might help us in evaluating your request. Yes
The portion of RM zoned land being exchanged will need to be rezoned
Agricultural 20. This will become road access that Kamehameha Schools will
use to get to their farms from Wainaku Avenue instead of driving all the way
around to Kaiwiki Road. Once the land exchange is completed, the property
will be developed, an asphalt entrance and gravel road installed and a gate for
security.
3. Have you performed any study, which would demonstrate a need for your
proposed building and or development? Yes
If so, please elaborate on your findings in the space provided below?
There is a very old partially paved and gravel driveway going across TMK 3-
2-6-8-22 and onto lot TMK 3-2-6-9-8. At one point in time; farmers could
have used this road. It hooks directly into Wainaku Avenue. Currently, the
farmers have to drive to Kaiwiki Road to gain access to lot TNII{ 3-2-6-9-8. It
takes an extra hour a day or more and time is money.
Topography was completed on lot TMK 3-2-6-8-22 and a portion of lot TMK
3-2-6-9-8. The gravel road is shown on the topography. The topography
shows the terrain; this valuable information was used as a tool to aid in the
planning and design. It enabled us to figure out how to develop road access
for both parties and develop a more uniform building space for the proposed
B&B.
5. Have you performed any study, which discusses the environmental impacts your
request would have on the surrounding area and or the County? No
If so, please elaborate on your findings in the space provided below.
6. Are there any buildings on the subject area? No
If so, what kind?
What do you intend to do with those buildings if your request is approved?
7. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many square feet or
acres of land per product.
8. To your knowledge, has there been any flooding and or drainage on the subject
area? No
If so, please describe the problem.
9. Do you think that the roads leading to the subject area need improvement? No
Is the road adequate for the proposed traffic volume or load? Yes
However, people drive very fast on Wainaku Avenue around the bend in
the road. I would recommend putting a stop sign and crosswalk on the
north side of the fume on Wainaku Avenue for people who are heading
south into Hilo. Also, put a stop sign before the bridge for those people
traveling north out of Hilo. This would slow down the traffic and allow
the blind and disabled to cross the road safely.
IO.What sort of governmental assistance and or improvements do you feel will be
needed in the subject area when developed?
a. Schools No
b. Roads No
c. Sewer No
d. Drainage No
e. Police Protection No
f Fire Protection No
g. Recreational Facilities No
h. Public Utilities No
i. Other
The exchange in property and rezoning will benefit both parties. It creates
road access from Wainaku Avenue for lot TMK 3-2-6-9-8 Kamehameha
Schools. The farmers will have a direct route to the fields instead of
driving to Kaiwiki Road. It will shorten their travel time and time is
money. It will provide Ms. Leaird a more uniform lot to build upon. It
will also produce more revenues and taxes for the state.
For those checked "yes," please elaborate what type or kinds of improvements
and or assistance are needed.
11. How you performed any historical sites study and or survey of the subject area?
If so, what were the results? Please, also submit a copy of the study together
with this change of zone supplement.
No historical study was performed. Imata & Associates did topography on both
lots and the land to be exchange.
Signature: ~ ~G' r t:.CJ~L./~,
Address: P.O. Box 836, Hilo, Hawaii 96721
Telephone: 808-989-4266
~l~ ~
Date: , 2004
Background and County Environmental Report
Attachment to Change of Zone, Project District and
Agricultural Project District Applications
Please use this form as a guide for required information to be included in your
Change of Zone Project District or Agricultural Project District-Background and
County Environmental Report.
A. SUBJECT REQUEST
a. Project description:
Leaird and Bishop Estate are doing a land exchange to relocate Bishop's
existing easement across Leaird's property, which is located in the gulch.
This will establish a new access road for Bishop and make Leaird's property
more uniform and it will allow Ms. Leaird to build to code with the proper set
backs.
b. Statement of objectives and reasons for the request:
To relocate an existing easement for Bishop Estate which is unusable.
Leaird's property is extremely difficult to develop due to the steep terrain and
pie shape lot. If the land exchange is not approved, Leaird's property is non-
build able.
c. Number of acres/square feet:
Lealrd's property is currently .59 acres of which 1, 771 square feet will be
exchange to Bishop to develop a new access road. Bishop in turn will give
Leaird 20,084 square feet to develop a build able lot with proper building
setbacks.
d. Proposed units lots/floor area of proposed building envelope:
The primary structures for Ms. Leaird would include atwo-story residence on
poles, a Japanese Tea House with Bath House and amulti-story unit with five
bedrooms for the Bed & Breakfast.
The primary residence for Ms. Leaird will be 1,648 square feet, 1,360 square
feet on the bottom floor, 288 square feet on the top floor and 24+ feet in
height. The Japanese Tea House with Bath House area on poles measures 24'
x 38', a total of 912 square feet and 18+ feet in height. The five bedroom
multi-story rentals are still in the planning stages
Bishop's property is solely used for agricultural purposes. Only an asphalt
entrance and gravel road and gate will be installed for the farmers.
e. Timeframe and cost:
Ms. Leaird will be investing $270,000 in the construction of her primary
residence. She will start construction immediately and hopefully it will take
approximately 14 months. The Tea House and Bath House will costs
approximately $100,000 and the five units for the Bed & Breakfasts will costs
approximately $300,000.
Ms. Leaird will start by building the Tea House first. Keep in mind the Bed &
Breakfast is Non-profit so Ms. Leaird must raise the funds. The overall
project has afive-year window for completion.
f. Membership size/number of employees and clientele:
Birds & Blossoms Retreat will have 5 bedrooms; which would allow a
maximum of ten guests. This is with the understanding that all five rooms are
rented out. However, at the current time, one unit will be used for the resident
manager. The resident manager will be a full time employee. There will be
two part time housekeepers. Other employees are self-employed and will visit
the retreat.
g. Parking arrangement:
Ms. Leaird has been working with the County Planning Department. It has
been determined that six parking stalls will be required at this time. This
would cover Ms. Leaird primary residence and one bedroom used for the
resident manager. Four bedroom units would be for the Bed & Breakfast. If
the fifth bedroom is rented out Ms. Learrd will be required to have a total of
seven parking stalls. One stall must be designated ADA.
h. Traffic impacts (assessment of existing traffic, conditions, anticipated
increase in traffic and traffic impacts from proposed use):
Lot TMK 3-2-6-8-22 (Leaird) borders Wainaku Avenue and is the only access
to the property. Wainaku Avenue is 20' wide paved asphalt County road in
relatively good condition. Lot TMK 3-2-6-9-8 (Kamehameha Schools) sits
directly behind lot TMK 3-2-6-5-22. If the land exchange is granted this lot
will also have access from Wainaku Avenue.
There will be some increase in traffic, however, nothing that would pose a
threat to the community. The trucks used by the fazmers going to lot TMK 3-
2-6-9-8 (Kamehameha Schools) already travel down Wainaku Avenue. They
have to go all the way around the property to gain access from Kaiwiki Road.
Therefore, it does not increase traffic on Wainaku Avenue, but it actually
decreases traffic on Kaiwiki Road.
The only increase would be for those who would be staying at the Bed &
Breakfast. Ms. Leaird does not drive and will be using taxis for pick up and
drop off. She does not travel frequently; therefore, it is hardly an increase in
traffic. Most of the guests visiting the Retreat will probably travel by taxis
and many of them will be shared rides and there will be limited service. The
traffic flow would be similar to a single family residing at the property full
time.
i. Other related information:
None.
j. Proposed on-site and off-site infrastructure:
Currently there are no existing structures. Ms. Leaird installed a chain link
fence along Wainaku Avenue and landscaped along the fence. Wainaku
Avenue is a main paved County road. All utilities including water, electricity,
and cable run directly on Wainaku Avenue in front of the TMK 3-2-6-8-22.
B. CONFORMANCE WITH STATE/COUNTY PLANS
2. State Land Use designation:
Leaird's property is considered Urban and Bishop's property is Agricultural.
3. How the proposed use is not contrary to Chapter 205A, Costal Zone
Management (ezisting public access, scenic or open space resources,
coastal view planes, and coastal ecosystems):
The property is not located within the costal zone management plan.
Therefore, it is not applicable.
4. Applicable goals/policies and objectives of the General Plan:
Ms. Leaird is applying for a use permit and will be asking for a lesser use of
the land. The property is currently zoned RM1 and will be rezoned RM 10
after the rezoning and consolidation is approved.
5. General Plan designation (LUPAG Map):
The property is considered urban and medium density.
6. Zoning:
Leaird's property is zoned RM 1 and Bishop's property is zoned AG 20. The
County is requesting Ms. Leaird to change her zoning to RM 10.
7. Community Development Plan:
The property is not within the community development plan, therefore, it is
not applicable.
8. Special Management Area:
The property is not within the special management area, therefore, it is not
applicable.
C. PHYSICAL CHARACTERUSTUCS AND ENVII2ONMENTAL SETTING
OF THE PROPERTY AND SURROUNDING AREA
Physical Characteristics/Environmental Setting:
9. Description of subject property, location, climate, topography, slope, soils
(including size, shape, existing structures):
Description (Size, shape, existing structures)
Leaird's property is .59 acres, pie shaped with no existing structures. Ms. Leaird
installed a chain link fence along Wainaku Avenue. Ms. Leaird will be exchange
1,771 square feet to Bishop Estate for 20,084 square feet along the Pukihae
Stream. This exchange of property will provide access for Kamehameha Schools
and relocate an existing easement.
Location
Leaird's property is located north on Wainaku Avenue heading out of Hilo. Pass
Dodo Mortuary and cross the bridge. The property starts at the middle of the
Pukihae Stream and borders Wainaku Avenue to the flume.
Climate
Property is located in Hilo.
Topography
Imata & Associates completed a topography for both lots. Documents attached.
Slope
Leaird's property has a extreme terrain. Please refer to topography map included.
Soils
Soils test performed by N/A.
Lava Hazard Zone:
I contacted Hawaii Volcano Observatory and talked with Ms. Christnta Heliker at
967-7328. She said TMK 3-2-5-6-8-22 is located in a very low hazard zone
number 8.
10. Distance from coastline:
The property is approximately 3. lOths of a mile from the coastline per Ms.
Christina Heliker at the Hawaii Volcanoes Observatory.
11. Agricultural Lands of Importance in the State of Hawaii (ALISH)
designation:
Not applicable.
12. U.S.D.A. Natural Resources Conservation Services Soil Service Report
soil type:
I spoke with Harry with the Department of Agricultural at 933-9353 or 933-8381.
The soil test data is included with the report.
13. Land Study Bureau soil rating:
The data is attached to the report.
14. Flood Insurance Rate Map (FIRM) designation: (Contract Department
of Public Works, Engineering Divison):
Letter from Public Works attached. Both properties are located in FIRM Flood
Zone X.
15. Existing drainage ways or improvements:
Both properties are located directly next to Pukihae Stream outside of Hilo.
16. Air/noise/water quality:
Not applicable.
Historic Resources:
17. Existing archaeological cultural or historic sites on National Register or
Hawaii Register: (Contact Department of Land and Natural Resources)
For the following three questions 1 talked with Harry at the
Department of Land and Natural Resources. He stated he only
had information regarding State Lands and advised me to
contact Sidney Fuke a professional consultant. I talked with Mr.
Fuke about both properh'es and this is the outcome of our
conservation.
There are no Archaeological findings on lots (TMK 3-2-6-8-22 or TMK 3-2-6-9-
For many years the properties have been used for famung and agricultural
purposes. Therefore, there are no archaeological findings on either of the
properties. There is a gravel road crossing both properties, thus, it could indicate
that at one point in time the farmers in the local area used the road frequently for
agricultural purposes.
I spoke with the Historical Department in Kona. The project has been approved,
however, we were advised that many times burial grounds run along streams. If
we run into remains we are to stop our project and contact the Kona office
immediately.
Natural Resources:
18. Existing Floral/fauna) resources (any native or exotic plants; any listed or
candidate for endangered species):
Topography was conducted March 2003 on lot TMK 3-2-6-8-22. It also included
a small portion of land from lot TMK 3-2-6-9-8 and it shows the floral and faunal
resources. The topography was performed on both lots in anticipation of a
possible land exchange. Please look at the topography to see the floral and faunal.
Ms. Leaird plans to clear lot TMK 3-2-6-8-22 to be able to build.
19. Scenic or coastal resources:
Non-applicable, the property is not on the coast nor does it have a scenic view. It
is however, located next to the Pukihae Stream.
l~alued Cultural Resources:
20. Identify any traditional and customary native Hawaiian rights that are
exercised in the area; the extent in which the proposed development will
affect these rights; and feasible action to be taken to protect native
Hawaiian rights if they exist.
Not applicable. Since, the properties have been used for agricultural purposes for
many years, it is our conclusion that there are no valued resources on either ]ot.
Once the Bed & Breakfast is built, guests at the retreat may take classes in
exploring other cultures and agricultural exploration.
Public Access:
21. Existing public access to and along the shoreline or to mountain areas
and knowledge of public access being used:
Not applicable, properties are not located along the shoreline or in the mountain
areas.
.Social-Economic Characteristics:
22. Social settlement pattern for the area:
Urban fully developed area.
23. Economic resources of the area:
Fully developed urban residential area.
24. Land values:
Leaird's property appraised at $90,000 in February 2003. Lawrence Appraisers
concluded that the parcels being exchange were of equal value and would benefit
both parties. Value is at $100,000.
Surrounding lands:
25. Land use:
Fully developed urban residential area and agricultural farming.
26. Zoning:
Leaird's Property is zoned RM 1 and Bishop's Property is zoned AG 20. Once
the land exchange agreement is approved, both lots must undergo rezoning and
sub/reconsolidation with the County.
D. PUBLIC FACILITIES AND SERVICES
27. Description of access: (paved or unpaved; private or county, right of way
and pavement width. If private road, submit evidence of legal access
rights):
Wainaku Avenue is a 20 foot wide paved County road. Bishop Estate's road will
have a paved asphalt entrance and a gravel road. Leaird's property will have a
concrete driveway and parking area.
28. Availability of water:
Water is available on Wainaku Avenue and can easily be installed.
29. Sewage disposal:
Ron Nickel is a civil engineer in Hilo. He will be designing a septic sewage
disposal system for TMK 3-2-6-8-22. He has already checked with the
Department of Health as to the best product and procedure to use for this building
site.
30. Solid waste:
Ms. Leaird will hire a private company to remove solid waste.
31. Police & Fire Protection:
The police satellite station is located on Wainaku Avenue with a couple of miles
from Leaird's property. Afire hydrant is located on Wainaku Avenue across
from Leaird's property.
Schools:
32. Parks:
A small park is located next to Dodo Mortuary, south ofLeaird's property.
33. Other utilities and services (telephone/electricity):
Telephone, cable and electricity is located along Wainaku Avenue.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
34. Relationship between local short term uses of environment and
maintenance and enhancement of long-term productivity:
Due to the fact that we are building we will be installing a waste septic system,
however, it will be to code for the County of Hawaii and Department of Health.
35. Mitigative measures proposed to avoid, minimize, rectify or reduce
impact:
People will be traveling to the Bed & Breakfast; however, most of the clientele
are handicapped and will arrive by taxi. There will be limited traffic increase.
For those of us walking, there will be a sighted guide and we will be traveling as a
group.
36. Alternatives to the proposed development:
The property has been zoned RM] since approximately 1967. Ms. Leaird will be
building to a lesser degree. The property will be rezoned RM10.
37. Irreversible and irretrievable commitments of natural resources that
would be involved if proposed action implemented:
The area to be exchanged is not used for farming at this time. The zoning will be
changed to RM, which is multi-residential. With this in mind, the area will be
managed and not the population and therefore it will be more productive.
F. AGENCIES-COMMENTS
38. You may consult with the following agencies and include discussion in
your report or attach their written comments regarding your proposal.
a. Department of Public Works:
b. Department of Water Supply:
c. Police:
d. Fire:
e. Department of Finance-Real Property Tax Division:
f State of Hawaii Department of Land and Natural Resources-Historic
Preservation Division. (If your parcel is in its natural state and has not
been cleared previously):
g. State of Hawaii Department of Transportation-Highways Division: (If
applicable):
h. State of Hawaii Department of Health:
i. State of Hawaii Department of Agriculture: (Agricultural lands)
j. Community groups/individuals, Civil Defense Office of Housing and
Community Development, KailuaVillage Design Commission, State of
Hawaii Real Estate Commission, and State of Hawaii Department of
Human Services: (if applicable)
A ~ ~ sre. _re
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EXHIBIT "A"
LEGAL DESCRIPTION OF KS EXISTING PARCEL
All of that certain pazcel of land (being portion of the land(s) described in and covered by Royal Patent
Number 4475, Land Commission Awazd Number 7713, Apana ] 7 to V. Kamamalu) situate, lying and being
at Kalalau, District of South Hilo, Island and County of Hawaii, State of Hawaii, bearing Tax Key
designation (3) 2-6-009: 008, and containing an area of 1183.00 acres, more or less;
Said above described pazcel of land having been acquired by the Trustees Under the Will and of the Estate of
Bernice Pauahi Bishop, Deceased, by testate succession had in the matter of the estate of Bernice Pauahi
Bishop, deceased, in Probate Number 2425, Circuit Court of the First Circuit, State of Hawaii;
Subject to all encumbrances of record.
END OF EXHIBIT "A"
4x22-so t e-4an-i
DRAFT 8,25/04
EXHIBIT "B"
LEGAL DESCRIPTION OF LT EXISTING PARCEL
All of that certain parcel of land (being portion of the land(s) described in and covered by Royal Patent
Number 4475, Land Commission Awazd Number 7713, Apana ] 7 to V. Kamamalu) situate, lying and being
at Kalalau, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT B and thus
bounded and described:
Beginning at a point at the north comer of this pazcel of land and on the westerly side of Wainaku Avenue
(56.02 feet wide) the coordinates of said point of beginning referred to Government Survey Triangulation
Station "HALM" being 5,723.27 feet north and 1,056.85 feet east and running by azimuths measured
clockwise from true South:
1. 355 00' 30" 108.70 feet along the westerly side of Wainaku
Avenue;
Thence along the southwesterly side of Wainaku Avenue along a curve to the left having a radius
of 134.02 feet, the chord azimuth and
distance being:
2. 318 35' 15" 159.14 feet;
3. 282 ] 0' 41.00 feet along the southerly side of Wainaku
Avenue to a point in the middle of Pukihae
Stream;
Thence along the middle of Pukihae Stream for the next two (2) courses along a portion of the
land described in and covered by Deed from
Commission of Crown Lands to Thomas
Spencer dated August 3, 1870 and recorded
in the Office of the Registraz of
Conveyances at Honolulu, Territory of
Hawaii (now State of Hawaii) in Liber 30,
page 384;
4. 88 53' 231.77 feet;
5. 107 44' 30" 40.57 feet;
6. 206 50' 256.00 feet along the remainder of R. P. 4475, L. C.
Aw. 7713, Ap. 17 to V. Kamamalu to the
point of beginning and containing an area of
0.59 acre, more or less.
Being the premises acquired by Warranty Deed dated March 3, 2003, by and between Scott Bass Marks,
single, and Clayton Carl Berido, single, as "Grantors" therein, and Johanna Leaird, Trustee of the unrecorded
4822-8016-94"12.1
DRAFT 825/04
Johanna Leaird Revocable Living Trust Agreement dated March 28, 2000, as "Grantee" therein, recorded in
the Bureau of Conveyances of the State of Hawaii as Document No.2003-041044;
Subject to al] encumbrances ofrecord.
END OF EXFIIBIT "B"
axzz-xoia-9an i
DRAFT xi25/D4 2
REZONE DESCRIPTION
LAND SITUATED AT KALALAU, SOUTH HII,O, i
ISLAND OF HAWAII, HAWAII,
I
Being a portion of Royal Patent 4475,
Land Commission Awazd 7713, Apana 17 to V. Kamamalu.
Being also a portion of Lot B.
Beginning at the southwest comer of this pazcel of land, the coordinates of said point of I
beginning referred to Government SurveyTriangulationStation "HALM", being 5,643.93 feet North ~
and 1,016.71 feet East, thence running by azimuths measured clockwise from true South:
1. 206° 50' 88.91 feet along Lot 22;
I 2. 355° 00' 30" 75.54 feet along Wainaku Street;
3. 85° 00' 46.89 feet along the remainder of Lot B to the point of beginning
and containing an azea of 1,771 Square Feet.
~!~*vE K. ~y~r7
rao • d1~rw~4~.i.
* wgyElfM Natalie K. Imata
No. MN Licensed Professional Land Surveyor
3! Certificate No. 5816 Ex fires: A n12006
y~wAll,V• P P
Tax Map Key: 3`d Div. 2-6-08 22 (portion)
i
Rezone Description
i Page 1 of 1
i
~~j
REZONE DESCRIPTION
LAND SITUATED AT KALALAU, SOUTH HILO, ~
ISLAND OF HAWAII, HAWAII.
Being a portion of Royal Patent 4475,
Land Commission Awazd 7713, Apana 17 to V. Kamamalu.
Being also a portion of Lot 22, Kalalau Farm Lot Subdivision.
Beginning at the northeast corner of tlris pazcel of land, the coordinates of said point of
beginning refesed to Government SurveyTriangulationStation "HALM", being 5,643.93 feet North
and 1,016.71 feet East, thence running by azimuths measured clockwise from true South:
1. 26° 50' 167.09 feet along Lot B;
2. Thence along the middle of Pukihae Stream, the duect azimuth and distance being:
100° 56' 154.74 feet;
3. 207° 48' 96.14 feet along the remainder of Lot 22
4. 253° 48' 96.07 feet along same;
5. 265° 00' 90.61 feet along same to the point of beginning and containing an
azea of 20,084 Squaze Feet, more of less.
~P~~B K. 1M~r7
Q
2
* Natalie K. Imata
~p.bsls P Licensed Professional Land Surveyor
~r °r Certificate No. 5816 Expires: Apri12006
'SWAM, V'
Tax Map Key: 3`° Div. 2-6-09: 08 (portion)
I Rezone Description
Page 1 of 1
i
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This document is to verify that Ms. Leaird mailed notices to all parties within a 300' and
500' radius of TMK 3-2-6-8-22 and TMK 3-2-6-9-8. 'this is a requirement of the County
of Hawaii to do a land exchange, rezoning and consolidation.
Johanna Leaird: h - ~'l~ r • i
l~~
Date: ~=J~ m. ~
~
Post Office:
HILO POST OFFICE
HI LO, Hawaii
1~1 ~1 967209998
Signature: l Ir 1 _ b~ 09/23/2004 14808)93313097 02:00:12 PM
V ~ " 1.~~_ Sales Receipt
Product Sale Unit Final
Date: / Description Oty Price Price
FOc Garden 100 $0.60 $60.00
5etanical PSA
80c Coverlet 72 $0.60 $43.20
Eagle PSA
30c McKinley 3 $O.EO $2.40
PSA
Total: $105.60
Paid by:
MasterCard $105.60
Subs~i~~.;;~ an,; r oum to ~aFore rn^+n;~ Account k Exp.
34i ~ XXXXXXXXXNXXiB54 03/05
day c;; Approval k: 023863
2 Transaction q: 470 ~
~ 23 903130425
~PameieJ.-', pnar~in-'-" N
~'p-- Order stamps at USPS.com/shop or call
State r. Hawaii, fhirci Jud cial Ci cu-t 1-800-Stamp2a Go to
USPS.com/clickr~shiN to print shipping
1`.4Y conlmiss~on expire;;; t - ~ _ , I abel s with postage. For other
~ s.,.T _ infiormation call 1-800-ASK-USPS.
Billk: 1000300357208
Clerk: 13
- All sales final on stamps and postage. -
Refunds for guaranteed services only.
Thank you for your business.
Customer Copy
059'755
r
- 4
Neighbors within 500 feet of Bishop's Estate
Wainaku property located in Hilo, Hawaii
• TMK 2-6-6-6 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: David Kalber
Address: 62 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-7 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: Steven & Beth Shiropshire
Address: 92 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-8 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: Richard & Ilah Helmick
Address: 40 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-9 Zoning: Improved Res
SGL Family Res
15,000SF
Owner: Edward & Ann Carter
Address: 16 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-10 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: David & Patricia McCrary
Address: HCR 1 Box 4635, Keaau, Hawaii 96749
• TMK 2-6-6-11 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: Anita Steckel
Address: 21 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-12 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: Kimiko Oda
Address: 45 Halaulani Place, Hilo, Hawaii 96720
Owner: Lorraine Hatada & Kathleen Hope
Address: 12568 Miller Road, Saratoga, California 95070
• TMK 2-6-6-13 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: Francis Dooher & Masako Oga
Address: 61 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-18 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: Todd Fry
Address: 7920 Princess Street, La Jolla, California 92037
• TMK 2-6-6-21 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: County of Hawaii
Address: CHECK ON THIS ONE??????????
• TMK 2-6-6-22 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: David & Patricia McCrary
Address: HCR I Box 4635, Keaau, Hawaii 96720
• TMK 2-6-6-26 Zoning: Improved Res
SGL Family Res
15,000 SF
Owner: Robert Egge
Address: 65 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-8-10 Zoning: Commerical
Gen Comm
7,500 SF
Owner: Dodo Mortuary Inc
Address: 199 Wainaku Avenue, Hilo, Hawaii 96820
• TMK 2-6-8-23 Zoning: Apartment
Multi-Family Res
7500 SF/CTnit
Owner: Steve & Bettye Hill
Address: P.O. Box 559, Ahwahnee, California 93601
• TMK 2-6-8-24 Zoning: Agricultura140 Acres
Owner: Delia Pimental, Cella Baines, Marilyn Carl-Smith, Robert Carl-
Smith
Address: 69865 Meadow View Road, Sisters, Oregon 97759
Owner: Dorothy Roberts, Eleanor Tom, Alice Correa, Gertrude Delima
Address: 2080 President Place, Costa Mesa, California 92627
• TMK 2-6-8-29 Zoning: Agricultural 20 Acres
Owner: David & Doris Greer
Address: 1544 Washington Blvd, Fremont, California 94539
• TMK 2-6-8-31 Zoning: Agricultural 20 Acres
Owner: David & Doris Greer
Address: 1544 Washington Blvd, Fremont, California 94539
• TMK 2-6-9-9 Zoning: Agricultura120 Acres
Owner: S & S Macadamia Inc
Address: Ohitsuka Bldg 4F 1-5-4 Toranomon Minato-Ku Tokyo 105 Japan
• TMK 2-6-9-22 Zoning: Agricultural 20 Acres
Owner: B P Bishop Estate Trustees
Address: Kam Sch- Attu Alfred Mau Tax Dept Box 3466, Honolulu,
Hawaii 96801
• TMK 2-6-10-1 Zoning: Agricultural 5 Acres
Owner: TR Edelhertz
Address: 2150 Apala Place, Haiku, Hawaii 96708
• TMK 2-6-10-95 Zoning: Agricultural 5 Acres
Owner: Decorte Porter
Address: C/O Porter, Robert ETAL 1939A, Kaiwiki Road, Hawaii 96720
• TMK 2-6-10-103 Zoning: Agricultural 5 Acres
Owner: Mykalan Trust
Address: 1939C Kaiwiki Road, Hilo, Hawaii 96720
• TMK 2-6-11-03 Zoing: Agricultural 10 Acres
Owner: Stephen Debus
Address: 3071 Kaiwiki Road, Hilo, Hawaii 96720
• TMK 2-6-11-16 Zoning: Agricultural ] 0 Acres
Owner: Nanette Blair
Address: 340 Wheelock Road, Watsonville, California 95076
• TMK 2-6-11-17 Zoning: Agricultural ] 0 Acres
Owner: Michael & Cynthia Thomas
Address: P.O. Box 1423, Hilo, Hawaii 96721
• TMK 2-6-11-18 Zoning: Agricultural 10 Acres
Owner: MNH Investments
Address: 2600 Mountain Avenue, El Paso, Texas 79930
• TMK 2-6-11-19 Zoning: Agricultural 10 Acres
Owner: Ray Guillot
Address: 2909 Kaiwiki Road, Hilo, Hawaii 96720
• TMK 2-6-13-1 Zoning: Agricultura120 Acres
Owner: Conrado Andrada, Simeona Andrada, Emilio Parayno,
Francesca Parayndo
Address: 57 Anuenue Street, Hilo, Hawaii 96720
• TMK 2-6-13-5 Zoning: Agricultura120 Acres
Owner: LLC PKK 98B
Address: 688 Kinoole Street #204, Hilo, Hawaii 96720
• TMK 2-6-13-6 Zoning: Agricultural 3 Acres
Owner: Frederick Yokohama
Address: 99-1170 Halawa Hts Road, Aiea, Hawaii 96701
• TMK 2-6-13-13 Zoning: Agricultura120 Acres
Owner: Chao-Tang Chang, Chao-Tang Etal Chang, Hui-Chun Chang,
Hui-Yin Chang, Jen-Yang Chang, Long Life Orchids Inc, Chiu-Yen
Tsai Chang
Address: 281 Luakaha Street, Hilo, Hawaii 96720
• TMK 2-6-13-17 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Harold & Betty Yamaguchi
Address: 178 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-13-18 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Basaliso A Usita, Nora Usita, Pascual Arellano Usita
Address: l 70 Aikane Cr, Hilo, Hawaii 96720
• TMK 2-6-13-19 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Edwin & Bernice De Coito
Address: 11-C Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-13-20 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Jieyu Zhu Sheppard
Address: 11-D Aikane Road, Hilo Hawaii 96720
• TMK 2-6-13-21 Zoning: Agricultural 3 Acres
Owner: Minoru/Yasuko TR Tatsuno
Address: P.O. Box 151, Pepeekeo, Hawaii 96783
• TMK 2-6-13-22 Zoning: Agricultural 3 Acres
Owner: Hannah Shimasaki
Address: 1051 Kaiwiki Road, Hilo, Hawaii 96720
• TMK 2-6-13-23 Zoning: Agricultural 3 Acres
Owner: Curtis & Dee-Ann Nishioka TR
Address: 859 Hele Mauna Street, Hilo, Hawaii 96720
• TMK 2-6-13-27 Zoning: Agricultura120 Acres
Owner: James Sullivan & Mink Voss
Address: P.O. Box 11360, Hilo, Hawaii 96721
• TMK 2-6-13-36 Zoning: Agricultural 10 Acres
Owner: Timothy & Shirley Long TR
Address: 1406 Ingleside Avenue, Mc Lean, Virginia 22101
• TMK 2-6-16-1 Zoning: Unimproved Res
SGL Family Res
10,000 SF
Owner: David D'Anna
Address: P.O. Box 10010, Hilo, Hawaii 96721
• TMK 2-6-16-4 Zoning: Unimproved Res
SGL Family Res
10,000 SF
Owner: Thomas Thayer
Address: 7667 Hillside Drive, La Jolla, California 92037
• TMK 2-6-16-5 Zoning: Unimproved Res
SGL Family Res
10,000 SF
Owner: Thom Family C/O Patricia & Jerry Merrill
Address: 13-3529 Pahoa-Kalapana Road, Pahoa, Hawaii 96778
• TMK 2-6-16-6 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Richard Perkowski, Anecita Damaolao, Gary David Carpenter,
Ray M Perea
Address: 402 Pua Lane, Hilo, Hawaii 96720
• TMK 2-6-16-7 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Eugene Victor & Irene Morgan Pacheco
Address: 406 Pua Lane, Hilo, Hawaii 96720
• TMK 2-6-16-8 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Jodo Mission of Hawaii, Wainaku Jodo Mission
Address: 418 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-16-27 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Edwin Richard & Mary Jane Asau Pacheco
Address: 406-A Pua Lane, Hilo, Hawaii 96720
• TMK 2-6-16-28 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Edwin P Pacheco, Edwin R & Mary Jane Pacheco, Hannah
Slayter, Vernie Slayter
Address: 406-A Pua Lane, Hilo, Hawaii 96720
• TMK 2-6-16-29 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Eugene Victor & Irene M Pacheco
Address: 406 Pua Lane, Hilo, Hawaii 96720
• TMK 2-6-16-36 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Robert & Norine Madrona
Address: 412 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-16-37 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: TRS of The Jodo Mission of Hawaii, Wainaku Jodo Mission
Address: 418 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-16-38 Zoning: Unimproved Res
SGL Family Res
10,000 SF
Owner: Thom Family TR
Address: 1280 Highway 208, Yerington, Nevada 89447
• TMK 2-6-24-1 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Josephine Cox, Danny Cox, Fleix Dagoro, Delbert Cox
Address: 168 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-2 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Allan Felipe
Address: P.O. Box 665, Pepeekeo, Hawaii 96783
• TMK 2-6-24-3 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Gertrudes Antonio, James Enocencio, Jimmy Enocencio
Address: 152 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-4 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Virginia Balicoco
Address: 146 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-5 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Randolph Castro C/O Randolph/Leenal ETAL ESC
Address: #302-00209395-BJI 139 Aikane Loop Hilo, Hawaii 96720
Owner: Leenal & Randy Castro
Address: 140 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-6 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Diego & Ederline Sales
Address: 134 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-7 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Dolores Ujano
Address: 54 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-8 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Orlando Ujano & Sberelyn Eclipse-Ujano
Address: 122 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-9 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Bill Enriques
Address: P.O.Box 805, Aiea, Hawaii 96701
• TMK 2-6-24-10 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Gregorio &Pacita Arca
Address: 114 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-11 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Gregorio &Pacita Arca
Address: l 14 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-12 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Lissa, Pabro
Address: 6 Akahai Place, Hilo, Hawaii 96720
• TMK 2-6-24-13 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Samuel & Cresencia Casfillo
Address: 110 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-14 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Emario & Elmer Vidad
Address: 101 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-15 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Emario & Elmer Vidad
Address: 104 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-16 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Victoria Calica, Veronica Domingo, Crenscencia Limbago,
Orlando Ujano, Judy Yoshida
Address: 444-C Mauna Iho Place, Hilo, Hawaii 96720
• TMK 2-6-24-17 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Retino Jr & Sharleen M Ojano
Address: 123 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-18 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Donn P & Aileen Ojano
Address: 10 Iiwipolena Street, Hilo, Hawaii 96720
• TMK 2-6-24-19 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Anacleto Cachero, Fumie Cachero, Ichiro & Asako Nakamura
Address: 629-A Mokuhonua Lane, Hilo, Hawaii 96720
• TMK 2-6-24-20 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Amparo M Agudo
Address: 149 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-21 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Alejandra & Esmael Jr Valeros
Address: 159 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-22 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Samuel & Crencencia Castillo
Address: 110 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-23 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Marina Martins & Cynthia Tagaca
Address: 45 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-24 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Paterno & Crestita Barlongo
Address: 55 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-25 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Clyde Anthony & Julie Ann Javellana
Address: 63 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-26 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Cedric & Francisca Bergamo
Address: 79 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-27 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Cedric & Francisca Bergamo
Address: 79 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-28 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Santiago & Micaela Ramones
Address: 96 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-29 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Samuel & Crescencia Castillo
Address: 110 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-30 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Clarin Family TR C/O Cresenciano Clarin, Florentina Clarin
Address: 80 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-31 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Florame, Florencia & Lorna Castillo
Address: 74 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-32 Zoning: Improved Res
SGL Fanuly Res
7,500 SF
Owner: Petronilo & Felomena Luis
Address: 75 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-33 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Ildefibsa Ulibas Aceret
Address: 43 Aikane Road, Hilo, Hawaii 96720
• TMK 2-6-24-34 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Dolores Ujano
Address: 54 Aikane Loop, Hilo, Hawaii 96720
• TMK 2-6-24-35 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Roy & Amy Kiyotsulca
Address: P.O. Box 11263, Hilo, Hawaii 96720
• TMK 2-6-24-36 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Larry & Eulanda Kiyotsuka
Address: 59 Aikane Road, Hilo, Hawaii 96720
• TMK 2-6-24-37 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Dolores Ujano
Address: 54 Aikane Loop, Hilo, Hawaii 97620
• TMK 2-6-24-38 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Tomoe Tetsulca, Aric Matsubara, Jill Shiraishi
Address: 53 Aikane Road, Hilo, Hawaii 96720
• TMK 2-6-24-39 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Felicidad Gacusan
Address: HCR 1 Box 5507, Keeau, Hawaii 96749
• TMK 2-6-24-40 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Henry Aceret, Ildefonsa Aceret, Janet Ragasa
Address: 43 Aikane Road, Hilo, Hawaii 96720
• TMK 2-6-24-41 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: CHECK ON THIS ONE
Address: SR ROADWAY
• TMK 2-6-24-42 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: CHECK ON THIS ONE
Address: SR ROADWAY
• TMK 2-6-24-43 Zoning: Improved Res
SGL Family Res
7,500 SF
Owner: Mauna Kea Agribusiness Co
Address: SR ROADWAY
• TMK 2-6-28-1 Zoning: Agricultural 20 Acres
Owner: Jeremiah A Henderson
Address: P.O. Box 407, Troy, AL 36081
Owner: Continental Pacific LLC
Address: P.O. Box 755, Troy AL 36081
• TMK 2-6-28-3 Zoning: Agricultura120 Acres
Owner: Jeremiah A Henderson
Address: P.O. Box 407, Troy, AL 36081
Owner: Continental Pacific LLC
Address: P.O. Box 755, Troy AL 36081
• TMK 2-6-28-4 Zoning: Agricultural 20 Acres
Owner: Jeremiah Henderson- C/O Robert Andrew Walden
Address: P.O. Box 5062, Hilo, Hawaii 96720
• TMK 2-6-28-5 Zoning: Agricultural 20 Acres
Owner: Jeremiah Henderson- C/O Robert Andrew Walden
Address: P.O. Box 5062, Hilo, Hawaii 96720
• TMK 2-6-28-6 Zoning: Agricultura120 Acres
Owner: Lon & Carol Hocker
Address: 25 Nina Street, Hilo, Hawaii 96720
• TMK 2-6-28-7 Zoning: Agricultura120 Acres
Owner: Mauna Kea Agribusiness Co
Address: P.O. Box 15, Papaikou, Hawaii 96781
• TMK2-6-29-14 Zoning: Agricultura120
Owner: David & Doris Greer
Address: 1544 Washington Blvd, Fremont, California 94539
• TMK 2-6-29-15 Zoning: Agricultura120
Owner: David & Doris Greer
Address: 1544 Washington Blvd, Fremont, California 94539
• TMK 2-6-20-16 Zoning: Agricultura120
Owner: Michael & Marta Kraus
Address: 1430 Maikalani Street, Hilo, Hawaii 96720
• TMK 2-6-29-17 Zoning: Agricultura120 Acres
Owner: Benjamin Hopkins
Address: P.O. Box 1636, Hilo, Hawaii 96721
• TMK 2-6-29-18 Zoning: Agricultura120
Owner: Cyril T Mitchell Trust
Address: 1585 Kaioplani Blvd, #1218, Honolulu, Hawaii 96814
• TMK 2-6-29-19 Zoning: Agricultural 20
Owner: Shimohirayanagi Yugengaisha
Address: 2988 Nareuma Cho, Tyugasaki Shi, Ibaraki-Ken 301 Japan
• TMK 2-6-29-20 Zoning: Agricultura120
Owner: Bunzaburo Suzuki
Address: 701, 10-12 Okuya, Izumida, Kariya Aichi 448-0004 Japan
• TMK 2-6-29-21 Zoning: Agricultura120
Owner: Murao Murauchi, Hisakazu Murauchi, Nobuhiro Murauchi,
Utako Murauchi, Kinue Murauchi
Address: C/O Hamakua Macadamia, P.O. Box 44715, Kamuela, Hawaii
96743
• TMK 2-6-29-22 Zoning: Agricultura120
Owner: Shigeru Sasajima, Masami Chiba, Takako Chiba, Shigeruetal
Sasajima, Suguru Sasajima, Hisako Sasajima, Masae Sadajima
Address: 1-11-24 Fujimi 108 Chiyoda Ku Tokyo 102 Japan
C/O Hamakua Sunrise P O, P.O. Box 44715, Kamuela, Hawaii 96743
• TMK 2-6-29-39 Zoning: Agricultura120
Owner: Lynette Rodrigues, Kathy Kaaumoana
Address: P.O. Box 62, Kurtistown, Hawaii 96760
Owner: William Kaaumoana, Lynette Rodrigues
Address: P.O. Box 947, Hilo, Hawaii, 96721
Owner: Lynette Rodrigues
Address: 1084 Mililani Street, Hilo, Hawaii 96720
• TMK 2-6-29-40 Zoning: Agricultura120
Owner: Henrietta Dixon, Margaret Doi, Henry Kamohai, Veronica
Mehau, Mary Wessel
Address: RR 3 Box 1031, Pahoa, Hawaii 96778
• TMK 2-6-29-41 Zoning: Agricultura120
Owner: Ruby Huanani & Joseph Kahee
Address: 86 Palipaa Street, Hilo, Hawaii 96720
• TMK 2-6-29-42
Owner: Ruby Kahee Zoning: Agricultura120
Address: 86 Palipaa Street, Hilo, Hawaii 96720
• TMK 2-6-29-43 Zoning: Agricultura120
Owner: Ruby Kahee
Address: C/O James Kahee 20 Neau Street, Hilo, Hawaii 96720
• TMK 2-6-30-1 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Manuel & Rose Vincent
Address: 393 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-30-2 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: John & Ann Roney
Address: 401 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-30-3 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Lynons Family TR
Address: 407 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-30-4 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Wayne & Nancy Vereze
Address: 413 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-30-5 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Ruckman & Suzanne Bryne
Address: 421 Wainaku Avenue, Hilo, Hawaii 96720
• TMK 2-6-30-6 Zoning: Improved Res
SGL Family Res
10,000 SF
Owner: Aaron & Lori Lee Ueno
Address: 1040 Awa Street, Hilo, Hawaii 96720
COUNTY OF HAWAII
PLANNING DEPARTMENT
REQUIREMENT TO INFORM SURROUNDING PROPERTY
OWNERS AND LESSEES OF FILING AN APPLICATION
1. Name of the applicant.
The applicants are Johanna Leaird and Kamehameha Schools.
2. 2. Precise location of the property involved; including tax map key
identification, location map and site plan.
Leaird's property can be found if you head north out of Hilo on Wainaku Avenue
the lot is directly across from Halaulani Place. The property starts at the middle
of the stream and borders Wainaku Avenue. It follows the curve on the left side
of the road and ends at the fume. It is currently a pie shaped lot and most of the
lot sits down in the gulch.
Bishop's property is located directly behind Leaird's property and borders the
Pukihae Stream. It also continues from the fume on Wainaku Avenue along the
County road.
Tax map key is 3-2-6-8-22 for Leaird's property and 3-2-6-9-8 for Kamehameha
School's property. See attached diagram for location and dimensions of the
building site
3. Nature of the application and the proposed use of the property.
Ms. Leaird is currently applying for permits on her own behalf. She has
negotiaed with Bishop Estate-Kamehameha Schools to exchange portions of land
to resolve a problem and provide easement relocation.
Ms. Leaird's lot is known as TMK 3-2-6-8-22 and zoned (RM) Multi-Family
Residential. The neighboring property to the west is owned by Bishop Estate-
Kamehameha Schools and it is zoned Agricultural. Ms. Leaird is willing to
exchange a small portion of her property at the northern corner along Wainaku
Avenue. This portion of TMK 3-2-6-8-22 land would be between the telephone
pole directly above the gravel road and the fume on Wainaku Avenue.
Kamehameha Schools would obtain direct road access from Wainaku Avenue. In
exchange, Kamehameha School would agree to give a portion of their lot TMK 3-
2-6-9-8 to Ms. Leaird. This would provide Ms. Leaird more usable building
space on the cliff above the gulch. It would make her lot a more uniform shape
instead of being triangular. The only problem is the zoning. Both parcels being
exchange must be rezoned to match the original lot's zoning. Ms. Leaird's is
(RM) Multi- Family Residential and Kamehameha Schools is Agricultural.
4. Date on which the application was filed with the director or the commission;
September 22, 2004
5. Date, time and place that the scheduled administration action or public
hearing will be held to consider the application (to be included in second
notice).
To be provided at a later time.
6. Contact name and phone number should there be any questions.
Johanna Leaird
P. O. Box 836
Hilo, Hawaii 96721
Phone 808-989-4266
• TMK 2-6-4-16 Zoning: Multi Family Res
750 SF/LTnit
Owner: Dayton & Charlene Oniwa
Address: 10 Hina Street, Hilo, Hawaii 96720
• TMK 2-6-5-9 Zoning: Multi Family Res
750 SF/Unit
Owner: Alfred Fteitas Jr & Nancy Phillips
Address: I55 Hookano Street, Hilo, Hawaii 96720
• TMK 2-6-5-10 Zoning: Multi Family Res
1000 SF/Unit
Owner: Wainaku Terrace & Coconut Creek
Address: CONDO MASTER
Condo Master
• Theodore A / Willaam Ah You TMK 2-6-5-10-1
57 A Kalie Street, Wahiawa, Hawaii 96786
• Michael A Tongg TMK 2-6-5-10-2
5653 Pia Street, Honolulu, Hawaii 96821
• Michael A Tongg TMK 2-6-5-10-3
5653 Pia Street, Honolulu, Hawaii 96821
• Theodore A/ William Ah You TMK 2-6-5-10-4
57 A Kalie Street, Wahiawa, Hawaii 96786
• Paul A Dahlquist TMK 2-6-5-10-5
68-1902 Koiula Place, Waikoloa, Hawaii 96738 5322
• Kroll Foundation TMK 2-6-5-10-6
702 Pahumele Way, Kailua, Hawaii 96734
• Kiyoshi/Setsuko Takemoto TMK 2-6-5-10-7
27-1937 Mamalahoa Hwy, Papaikou, Hawaii 96781
• Yvonne K Mathewson TMK 2-6-5-10-8
P.O. Box 4601, Hilo, Hawaii 96720 0601
• Chester Lee Ditto TMK 2-6-5-10-9
PSC 473 Box 45, FPO, AP 96349 0060
• Sherri Joy TMK 2-6-5-10-10
P.O. Box 1250, Pahoa, Hawaii 96778
• Xoriko Cos TMK 2-6-5-10-11
P.O. Box 4984, Hilo, Hawaii 96720
• Laurette M Edwards TMK 2-6-5-10-12
75-5681 Kuakini Hwy #101, Kailua-Kona, Hawaii 96740
• Ernest M Shimizu TMK 2-6-5-10-13
360 Kauila Street, Hilo, Hawaii 96720
• Hussain Aftab Rashid TMK 2-6-5-10-14
145 Woodlands Rd, Sparkhill, Bimingham BI 14ER England
• Harold J Kaneshiro TMK 2-6-5-10-15
922 Kapahulu Ave #304, Honolulu, Hawaii 96816
• Eva T Cuelho TMK 2-6-5-10-16
360 Kauila Street Apt 304, Hilo, Hawaii 96720
• Lois J Walker TMK 2-6-5-10-17
1454 Deauville Place, Costa Mesa, California 92626
• Doris Gray TMK 2-6-5-10-18
360 Kauila Street Apt 306, Hilo, Hawaii 96720 2127
• Gonzelo J Cureton TMK 2-6-5-10-19
1056 Miraflores Ave, San Pedro, California 90731
• Roman B Martinez TMK 2-6-5-10-20
99-1106 Halawa Heights Rd, Aiea, Hawaii 96701
• Diane Uyeda TMK 2-6-5-10-21
424 Kanoelehua Avenue, Hilo, Hawaii 96720
• Donald J/ Glenna Faye Berryhill TMK 2-6-5-10-22
26 Hina Street, Hilo, Hawaii 96720
• Harry Andaya C/O William/ Susan Bellman TMK 2-6-5-10-23
P.O. Box 478, Keaau, Hawaii 96749
• Norman L Kramer TMK 2-6-5-10-24
27-355 Kaieie Homestead Rd, Papaikou, Hawaii 96781
• Dennis E Gentry TMK 2-6-5-10-25
360 Kauila Street #107, Hilo, Hawaii 96720
• Larry S Dodo TMK 2-6-5-10-26
56 Pukihae Street, Hilo, Hawaii 96720
• Sandra A & Darryl Park TMK 2-6-5-10-27
777 Kumukahi Place, Honolulu, Hawaii 96825
• Lynnwood Sullivan TMK2-6-5-10-28
360 Kauila Street #110, Hilo, Hawaii 96720
• Sara Petrina Joy Ekern TivII{ 2-6-5-10-29
P.O. Box 6363, Hilo, Hawaii 96720
• Enoch, Kahaloa TMK 2-6-5-10-30
360 Kauila Street #I 12, Hilo, Hawaii 96720 2101
• Rose Marie Santos TMK 2-6-5-10-31
360 Kauila Street #207, Hilo, Hawaii 96720
• Anisworth Burton Clevidence TMK 2-6-5-10-32
P.O. Box 1222, Banning, California 92220
• Wendell J & Gabriella Cabanas TMK 2-6-5-10-33
340 Ainako Avenue, Hilo, Hawaii 96720
• Sachiko Kawaguchi TMK 2-6-5-10-34
P.O. Box 10335, Hilo, Hawaii 96721
• Walter & Barbara Carvalho TMK Z-6-5-10-35
352 Naniakea Street, Hilo, Hawaii 96720 5445
• Louis Mack TMK 2-6-5-10-36
425 Ena Road, Apt 601A, Honolulu, Hawaii 96815 1703
• Naum 5agalovsky TMK 2-6-5-10-37
675 B Versailles Circle, Elk Grove Village, )L 60007
• Sherri Joy TMK 2-6-5-10-38
P.O. Box 1250, Pahoa, Hawaii 96778
• Sherri Joy TMK 2-6-5-10-39
P.O. Box 1250, Pahoa, Hawaii 96778
• Carmen S Sanchez TMK 2-6-5-10-40
P. 0. Box 812, Honokaa, Hawaii 96727
Gail Campbell TMK 2-6-5-10-41
360 Kauila Street #311, Hilo, Hawaii 96720
• Doris Gray TMK 2-6-5-10-42
41680 Routt County Rd 44, Steamboat Springs, Colorado 80487 8110
• TMK 2-6-6-8 Zoning: SGL Family Res
15,000 SF
Owner: Richard & llah Helmick
Address: 40 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-9 Zoning: SGL Family Res
15,000 SF
Owner: Edward & Ann Carter
Address: 16 Halaulani Place, Hilo, Hawaii 96720
TMK 2-6-6-10 Zoning: SGL Family Res
15,000 SF
Owner: MK Sugar Company Inc & David & Patricia Mccrary
Address: HCR 1 Box 4635, Keaau, Hawaii 96749
• TMK 2-6-6-11 Zoning: SGL Family Res
15,000 SF
Owner: Anita Steckel
Address: 31 Halaulani Place, Hilo, Hawaii 96720
• TMK 2-6-6-18 Zoning: SGL Family Res
15,000 SF
Owner: Todd Fry
Address: 7920 Princess Street, La Jolla, California 92037
TMK 2-6-6-22 Zoning: SGL Family Res
15,000 SF
Owner: David Fred & Patricia Ann Mccrary
Address: HCR 1 Box 4635, Keaau, Hawaii 96749
• TMK 2-6-8-23 Zoning: Multi Family Res
750 SF
Owner: Steve & Betty Hill
Address: P.O. Box 559, Ahwahnee, California 93601
TMK 2-6-8-31 Zoning: Agricultura120 Acres
Owner: David & Doris Greer
Address: 1544 Washington Blvd, Fremont, California 94539
9. Any other plans or additional information relevant to this application ma_y be
requested by the Planning Director to facilitate processing of this request.
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~„LINGLE ~~e. ANTHONY J.H. CMING
GwcRNOR E%ECUTIVE OFFICER
i, ~91~%
STATE OF HAWAII
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION
P.O. Box 2359
Honolulu, Hawaii 96804-2359
Telephone: 808-587-3822
Fax: 808-$87-3827
December 23, 2003
Ms. Johanna Leaird
P. O. Box 836
Hilo, Hawaii 96721
Dear Ms. Leaird:
Subject: BOUNDARY INTERPRETATION No. 03-34
Tax Map Key No. 3-2-6-8-22
Hilo, Hawaii
Pursuant to your letter dated September 19, 2003, requesting a boundary interpretation for the
subject parcel, please be advised that we have determined that the subject parcel is located
entirely within the Urban District. Our determination is based on the Commission's records
and official maps currently on file at our office, the tax map showing the parcel location, and the
materials that you provided. The controlling basis for this determination is found in careful
examination of the official State Land Use District Boundaries Map (H-66) dated December 20,
197-1.
Should you require clarification or further assistance, please feel free to call Fred Talon or Bert
Saruwatari of my staff at 587-3822.
Sincerely,
ANTHONY J. ING
Executive Offi r
c Peter Young, BLNR Chairperson (w/enclosure)
Atht Diedre S. Mamiya, Land Division, Department of Land and Natural Resources
Christopher Yuen, Planning Director, Planning Department, County of Hawaii (w/o enclosure)
Mike McCall, Valuation Analyst, Mapping Section, Real Property Tax Division, County of
Hawaii (w/o enclosure)
i~
KAMEHAMEHA SCHOOLS
~i
July 2, 2004 ~
Ms. Johanna Leaird, Trustee
Johanna Leaird Revocable Living Trust
222 Wainaku Avenue, Apt. 106
Hilo, Hawaii 96720
Re: Letter of Intent to Exchanee Property Located at Kalalau, South Hilo Hawaii
Dear Ms. Leaird:
Following our recent discussions, I am pleased to submit this proposal of the terms on which
Kamehameha Schools ("KS") would enter into a land exchange with the Johanna Leaird
Revocable Living Trust ("Leaird Trust"). This letter of intent will summarize the proposed terms
and provisions to be included in a Development Agreement to be entered into by KS and Leaird
Trust, and an Escrow Agreement to be entered into by KS, Leaird Trust and an escrow company
selected by KS. Upon your execution and return of this letter to me, we aze prepared to
recommend to our Trustees that they approve the terms and conditions outlined below.
1. Properties. The properties consist of an approximately 1,771 square feet portion of TMK
No. (3) 2-6-008: 022 (the "Leaird Property") and an approximately 17,900 square feet portion of
TMK No. (3) 2-6-009: 008 (the "KS Property"), as depicted on the map attached hereto.
2. Improvements. The Improvements consist of (a) a minimum 12-feet wide gravel roadway
from Wainaku Avenue to the existing gravel roadway on TMK No. (3) 2-6-009: 008 where it
intersects with the common boundary of the KS and Leaird properties, along an alignment
agreed to by the parties; (b) paved shoulder areas at the intersection of Wainaku Street and the
newly constructed roadway; (c) a 10-feet wide landscape buffer along the southern boundary of
the new roadway; and (d) a 5-feet to 6-feet high by 330-feet long chain link fence along the
southern boundary of the new parcel. The Improvements shall be constructed by Leaird Trust on
the Leaird Property and the KS Property pursuant to plans submitted by Leaird Trust and
approved by KS. Leaird Trust shall obtain KS' prior written approval of the plans for such
Improvements before commencing construction. Leaird Trust shall complete construction of the
Improvements within one year from the date of the first payment set forth in Paragraph 8 below.
Leaird Trust shall construct the Improvements in compliance with al] applicable federal, state
and local government laws, ordinances, rules and regulations, and shall be responsible for
obtaining all permits, inspections and approvals required for such construction. All contractors
employed by Leaird Trust shall be properly licensed and insured. Before any contractor shall
78-E831 Ali'i Drive, Suite 232 Kailua-Kona, Hawaii 96740 • Phone: 80&322-5300 • Fax: 808-3Z2-9446
Ks~„aious~n~~ Founded and Endowed by [he Legacy of Princess BernCce Yauahf Bishop
Des. Johanna Leaird, Truste
July 2, 2004
Page 2
commence work within TMK (3) 2-6-009: 008, Leaird Trust shall submit to KS a copy of the
certificate of insurance for such contractor, showing KS, its trustees, officers, employees, agents
and authorized representatives as additional insureds thereon. KS agrees to cooperate with
Leaird Trust, and to execute such documents as may be necessary, to obtain all necessary
permits, inspections and/or approvals.
3. Maintenance. KS shall have no obligation to maintain the landscape buffer.
4. Exchange. At Fina] Closing, as defined below, Leaird Trust shall convey its interest in the
newly reconfigured KS parcel to KS by a Quitclaim Deed. The Leaird Property and
Improvements thereon shall be conveyed, by way of such Quitclaim Deed, free and clear of all
encumbrances not previously approved in writing by KS pursuant to Paragraph 5 below,
including real property taxes and assessments. Concurrently, KS shall convey its interest in the
newly reconfigured Leaird parcel to Leaird Trust by a Quitclaim Deed. The KS Property shall
be conveyed, byway of such Quitclaim Deed, free and cleaz of all monetary encumbrances,
including real property taxes and assessments. In addition, KS shall pay $67,200.00 (the
"Additional Funds") to the Leaird Trust. Such Additional Funds shall be deposited by KS in an
escrow account to be established by KS with an escrow company of KS' choice at Preliminary
Closing, as defined below. The disbursement of the Additional Funds to Leaird Trust shall be
pursuant to the terms set forth in Paragraph 8 below, and such additional terms as may be set
forth in an Escrow Agreement entered into by KS, Leaird Trust and the escrow company.
5. Title Review. Within 5 days of Preliminary Closing, Leaird Trust shall provide to KS a
current preliminary title report on TMK (3) 2-6-008: 022 issued by a title company authorized to
do business in the State of Hawaii, along with copies of all recorded documents referred to
therein. KS shall have the right to review and approve, disapprove or waive any exceptions to
title shown in such preliminary title report. Leaird Trust acknowledges that the time and cost to
obtain a title report that includes leasehold interests in TMK (3) 2-6-009: 008 maybe prohibitive
and therefore KS anticipates providing Leaird Trust with a preliminary title report on its property
that excludes leasehold interests. Either party may, at its sole cost and expense, obtain a new
tit]e report and/or title insurance on its property following final approval of the parcel
consolidation. and resubdivision by the County of Hawaii and recordation of the Quitclaim
Deeds.
6. Closin .Preliminary Closing shall occur when both parties have executed the Development
Agreement and the Escrow Agreement. Final Closing shall occur when the Improvements have
been completed, final approval of the parcel consolidation and resubdivision, described in
Paragraph 7 below, has been obtained from the County of Hawaii and the Quitclaim Deeds and
Release of Easement described in Paragraphs 4 and 9 have been recorded at the Bureau of
Conveyances of the State of Hawaii.
7.!Consolidation and Resubdivision. Leaird Trust shall be responsible for obtaining final
' approval from the County of Hawaii for the parcel consolidation and resubdivision ("PCRS")
1 necessary to convey the Leaird Property and the KS Property. KS agrees to cooperate with
KS Lenu,fl Ol 1~I DOc
AQs. Johanna Leaird, Truste.
July 2, 2004
Page 3
Leaird Trust, and to execute such documents as maybe necessary, to accomplish the PCRS.
Leaird Trust and KS shall jointly submit the application for the PCRS to the County of Hawaii
promptly upon obtaining all of the permits necessary to complete construction of the
Improvements.
8. Disbursement of Additional Funds. Robert F. Rosehill, on behalf of KS, shall be authorized
to instruct the escrow company to disburse the following Additional Funds to the Leaird Trust
upon the satisfaction of the following conditions:
a. $6,626.00 upon Preliminary Closing.
b. $800.00 upon KS' approval of an appraisal by a licensed appraiser of the values
attributable to the Leaird Property and the KS Propert}~ (please no+e that the letter from Lawrence
Appraisal Group Hawaii Inc. to Robert Rosehill dated February 15, 2004 will not satisfy this
condition).
c. $1,600.00 upon completion to KS' satisfaction of engineering plans and estimates
for excavation and grading of the roadway area together with approved County grading
permit(s).
d. $29,425.00 upon completion to KS' satisfaction of all excavating, grading and
removal of material necessary for road bed construction.
e. $11,350.00 upon completion to KS' satisfaction of installation of a paved entrance
and gravel roadway from Wainaku Street to the existing gravel roadway, as described above.
f. $5,830.00 upon completion to KS' satisfaction of installation of the chain link
fence, as described above.
g. $8,000.00 upon completion to KS' satisfaction of survey maps with metes and
bounds descriptions of lands proposed for consolidation, resubdivision and exchange.
h. The remaining balance; less title, escrow. recordation and conveyance tax fees
and costs, upon Final Closing.
9. Release of Easement. At Final Closing, KS shall quitclaim and release the easement rights
over TMK No. (3) 2-6-008: 022 for road purposes reserved to KS under the deed dated
October 9, 1918 by and between KS and Ponahawai Coffee Company. Such Release of
Easement shall be recorded at the Bureau of Conveyances of the State of Hawaii concuttently
with the Quitclaim Deeds.
10. Right of Entry. At Preliminary Closing, KS shall grant to the Leaird Trust an unrecorded
temporary right of entry over TMK No. (3) 2-6-009: 008 for the limited purpose of the
construction of the Improvements described above. Pursuant to the terms of such Right of Entry
Agreement, the Leaird Trust shall indemnify and defend KS against any and all claims, losses
KS Lenmd I OI (SLdac
IQs. Johanna Leaird, Trustee.
July 2, 2004
Page 4
and causes of action relating to its activities on the land, and against any mechanics' and
materialmen's liens.
11. Documents. KS shall, at its expense, prepare the Development Agreement, Escrow
Agreement, Quitclaim Deeds, Release of Easement, and Right of Entry Agreement for review
and approval by Leaird Trust. Each party shall bear its own attorneys' fees for review andior
preparation of the documents, reports and instruments described herein. Document recordation
fees and conveyance taxes shall be deducted from the remaining balance due at Final Closing
pursuant to Section 8.h hereinabove. Leaird Trust shall be solely responsible for obtaining the
release of any existing mortgages on the Leaird Property. All documents, maps, property
descriptions, plans, permit applications, other governmental applications, appraisals, and
constnuction or installation on or pertaining to this transaction shall be submitted for approval by
KS.
12. Completion. In the event that Leaird Trust should fail to complete all or any portion of its
obligations under the Development Agreement, KS shall have the right to take any and al]
actions necessary to complete such obligations and seek compensation from Leaird Trust for any
additional expenses incurred, including, but not limited to, legal, construction, survey, and/or
engineering expenses.
13. Non-binding Letter of Intent. The foregoing provisions of this Letter of Intent shall not be
deemed to be an offer, contract, option or agreement of purchase, sale, exchange or development;
to contain all necessary material terms; to be legally binding to any extent; or to confer any rights
of usage or occupancy. Rather, the foregoing provisions are subject to withdrawal and
modification, at any time, by either party, without cause, and there shall be no legal obligation
with respect thereto unless and until the parties execute and deliver a formal Development
Agreement and Escrow Agreement designated as such. No reliance, performance, change or loss
of position, or such other action or expectation now or hereafter made or incurred based upon
any of those provisions, whether or not at the request or urging of the other party, shal] be
deemed to create any obligation or agreement of any type. The foregoing provisions of this
Letter of Intent are also subject in all respects to Kamehameha Schools' internal reviews,
requirements and approvals, and Kamehameha Schools may, at any time, in its sole discretion (a)
approve, reject, withdraw or modify any or all of the foregoing provisions, (v) conduct the
negotiation process leading to a possible Development Agreement and Escrow Agreement in any
manner Kamehameha Schools determines appropriate, or (c) terminate discussions and
negotiations with the Leaird Trust.
If the terms of this letter are acceptable to you, please acknowledge by executing and returning
the enclosed copy of this letter to me. If you have any questions regarding this letter, please do
not hesitate to call me at (808) 322-5308.
NS Izmid LOI f5) doc
Des. Johanna Leaird, Truster.
July 2, 2004
Page 5
This letter is made pursuant to Rule 408 of the Hawaii and Federal Rules of Evidence.
Sincerely,
Robert F. Rosehill
Land Manager
Land Assets Division - Hawaii Island
cc: Mr. Robert Lindsey
Dana K.N. Sato, Esq.
ACCEPTED AND AGREED TO
this ,aj~day of , 2004
JOHANNA LEAIRD REVOCABLE LIVING TRUST
J~nna
Leaird
Its Trustee
,
C~
M~..4~1 t'~4
~~n
KS LrmW I OI 61 Inc
KAMEHAMEHA SCHOOLS
July 12, 2004
Ms. Johanna Leaird, Trustee
Johanna Leaird Revocable Living Trust
222 Wainaku Avenue, Apt. 106
Hilo, Hawaii 96720
Re: Addendum to Letter of Intent to Exchange
1'ronertv I ocated at Kalalau, South Hilo, Hawaii
Dear Ms. Leaird:
This Addendum modifies and supplements the Letter of Intent to Exchange Property
Located at Kalalau, South Hilo, Hawaii dated July 2, 2004 to you from Robert F. Rosehill, Land
Manager (the "Letter"), as follows:
1. With regard to Section 4 of the Letter, the seventh line is modified to add the
following underlined language: "The KS Property shall be conveyed, by way of such Quitclaim
Deed, free and clear of all leases and monetary encumbrances, including real property taxes and
assessments."
2. Anew Section 4.1 is hereby added to the Letter, as follows:
"4.1 Abandoned Vehicles. Two abandoned vehicles have been discovered near the
proposed boundary line between the KS Property to be conveyed to Leaird Trust and the
remainder of TMK No. (3) 2-6-009: 008. According to survey information obtained by Leaird
Trust, the vehicles are not located within the KS Property. This letter of intent is based on KS'
and Leaird Trust's understanding that the vehicles are not located within the KS Property. If that
information is subsequently determined to be incorrect, then the boundary of the KS Property
shall be relocated to exclude the abandoned vehicles. Leaird Trust acknowledges that such a
boundary relocation may result in a reduction in azea of the KS Property to be conveyed to
Leaird Trust. Any additional survey, subdivision or other costs incurred in relocating the
boundary shall be paid by Leaird Trust. In any event, KS shall not be responsible for any
environmental condition on the KS Property to be conveyed to Leaird Trust resulting from these
abandoned vehicles."
In all other respects, the Letter of Intent remains unchanged and is hereby ratified. The
provisions of this Addendum shall not be deemed to be an offer, contract, option or agreement of
purchase, sale, exchange or development; to contain all necessary material terms; to be legally
binding to any extent; or to confer any rights of usage or occupancy. Rather, the foregoing
78-6831 Ali'i Drive, Suite 232 Kailua-Kona, Hawaii 96740 • Phone: 808-322-5300 • Fax: 808.322-9446
Founded and Endowed by the Legacy of Princess Bernice Pauahi Bishop
Ms. Johanna Leaird, Truste
July 12, 2004
Page 2
provisions are subject to withdrawal and modification, at any time, by either party, without
cause, and there shall be no legal obligation with respect thereto unless and until the parties
execute and deliver a formal Development Agreement and Escrow Agreement designated as
such. No reliance, performance, change or loss of position, or such other action or expectation
now or hereafter made or incurred based upon any of those provisions, whether or not at the
request or urging of the other party, shall be deemed to create any obligation or agreement of any
type. The foregoing provisions of this Addendum are also subject in all respects to Kamehameha
Schools' internal reviews, requirements and approvals, and Kamehameha Schools may, at any
time, in its sole discretion (a) approve, reject, withdraw or modify any or all of the foregoing
provisions, (b) conduct the negotiation process leading to a possible Development Agreement
and Escrow Agreement in any manner Kamehameha Schools determines appropriate, or (c)
terminate discussions and negotiations with the Leaird Trust.
If the terms of this Addendum are acceptable to you, please acknowledge by executing
and returning the enclosed copy of this letter to me. If you have any questions regarding this
letter, please do not hesitate to call me at 322-5308.
Sincerely,
"'Y
Robert F. Rosehill
Land Manager
Land Assets Division - Hawaii Island
cc: Peter Simmons
Dana N. Sato
ACCEPTED AND AGREED TO
this /3~ day of Su 2004
JOHANNA LEAIRD REVOCABLE LIVING TRUST
By
oha a Leaird
s e `'t
Harr Kim "~Y''~ William Takaba
Y Fiuaoce Director
Mayor u%y
r
of d~+
County of Hawaii
DEPARTMENT OF FINANCE -REAL PROPERTY TAX
Aupuui Ceo[er • 101 Pauahi St., Ste 4 • Hilo. Hawaii 96720-422d • Faz (808) 961.8415
Appraisers (808)961-8354 • Clerical (BOB) 961-8201 Collections (808) 961-8282
75-5706 Kualtini Highway • Suite 112 • Kailua-Kona. Hawaii 96740 Faz (808) 327-3538
Appraisers (808) 327-3542 • Clerical (808) 327-3540
REAL PROPERTY TAX CLEARANCE
(rev. 07/99)
September 22, 2004
TMK(s): (3)2-6-008-022-0000
This is to certify that the real property taxes due to the County of Hawaii on the
parcel(s) listed above have been paid up to and including December 31, 2004.
This clearance was requested on behalf of Johanna Leaird Tr
for the County Planning Department and is issued for this/these parcel(s) only.
Ann Kekahuna -Clerk
REAL PROPERTY TAX DIVISION
William Takaba
Harry Kim "~y
Mayor Fioaoce Director
~:N~~
County of Hawaii
DEPARTMENT OF FINANCE -REAL PROPERTY TAX
Aupuni Ceater • 101 Pauahi St., Stn 4 • Hilo, Hawaii 96720-4224 • Fax (808) 961-8415
Appraisers (808) 961-8354 Clerical (808)961-8201 • Collections (808) 961-8282
75-5706 Kuakini Highway Suite )12 Kailua-Kona. Hawaii 96740 Faz (806) 327-3538
Appraisers (808) 327-3542 Clerical (808) 327-3540
REAL PROPERTY TAX CLEARANCE
(rev. 07/99)
September 22, 2004
TMK(s): (3)2-6-008-022-0000
This is to certify that the real property taxes due to the County of Hawaii on the
parcel(s) listed above have been paid up to and including December 31, 2004.
This clearance was requested on behalf of Johanna Leaird Tr
for the County Planning Department and is issued for this/these parcel(s) only.
/ /
Ann Kekahuna -Clerk
REAL PROPERTY TAX DIVISION
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
~DATE:r December 3, 2004
~iona.~rduok
TO: Christopher J. Yuen, Planning Director
FROM: Department of Public Works
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-027)
STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 04-012)
Applicant: Johanna Leaird / Kamehameha Schools
Request: RM-1 to A-20a & A-20a to RM-1
Reference: Subdivision No. 2004-0165
TMK: 2-6-08: por. 022 and 2-6-09: por. 008
We have reviewed the subject application forwarded by your memo dated November 4,
2004 and offer the following comments for your consideration.
All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared and the recommended
drainage system shall be constructed meeting the approval of the Department of Public
Works.
The subject parcels are in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500-year floodplain (may include areas with unknown flood
or drainage hazards).
All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion
and Sedimentation Control, of the Hawaii County Code.
Wainaku Street is a County right-of-way of approximately 60 feet width. Access shall
conform to Chapter 22, County Streets, of the Hawaii County Code and will require a
permit from the Department of Public Works.
Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327.
KG
`4
ti
EXHIBIT
County or Hawaii i5 an Equal Opportunity Provider and Employer
O P
t 9 ;i
~'~~'~~?~3 h)fi`~'u-i'~J ~~~te "-~!/fi1Y'~~i SUPPLY ~ CO°~NT`f OF k~UV,4'I`I
~G
3
_y~~~/'ppgp\\~~p 345 I.FKUFM1IAn'A STREET, SUITE 20 HILO, HAWAII 9EJ20
r a
~•~^~"-'~~"T.-~: 1, ~,u ~ rE LE PHONE (806) 961-8050 FAX (806) 867-8657.
December 28, 2004 ~
`
7
T-O: Mr. Christopher J. Yuen, Planning Director ~
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-012)
REQUEST: URBAN TO AGRICULTURAL AND
AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 04-027)
REQUEST: RM-1 TO A-20A AND A-20A TO RM-1
APPLICANTS - JOHANNA LEAIRD/KAMEHAMEHA SCHOOLS
TAX MAP KEY 2-6-008:PORTION OF 022 AND 2-6-009:PORTION OF 008
We have reviewed the subject State Land Use Boundary Amendment and Change of Zone applications and
have the following comments and conditions.
Based on the prevailing water situation in the area, water can be made available from an existing 8-inch
waterline in Wainaku Street that fronts the properties. Ms. Leaird has applied for a service lateral for a
5/8-inch meter for Parcel 22, which is restricted to a daily maximum of 600 gallons. However, as the
applicant intends to establish a bed and breakfast operation with a tea house, the Department requests that
the applicant submit the anticipated maximum daily water usage for Parcel 22 as recommended by a
registered engineer. The Department reserves the right to make a final determination on meter size. Prior
to issuing the building permit for the bed and breakfast operation, the Department shall review and approve
the water demand calculations and meter size. In addition, the Department also requires that a backflow
preventer be installed just after the meter on the customer's side.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch
at 961-8070, extension 252.
Sincerely yours,
)Iton D. Pavao, P.E.
Manager
SHKsco t JP~;~:
copy - Ms. Johanna Leaird E X H I B I T
~i/ctter ~ruacts~i^o~re3.3... C
The Department of Water Supply Is an Equal Ooportunity provrtlor and employee Ta ille a complaint o. tllsenmination. wnte USDA. Dvector. Office of Civil
Rights Room 326-W, Whtlten Bwlding. 14th and Independence Avenue, SW. Washington DC 20250-9410 Or call (202) 720-5964 Ivoiee antl TDD)
J„~V or M•~
y:
Harry Kim ~ ` ~ Darryl J. Oliveira
MaVar Ffre Chief
'±;o;.w.n>~ Desmond K. Wery
1 ? rLm. r ~ e Deputy Fire Chief
~ , ~ CCouurp of ~aiuai`f
` FIRE DEPARTMENT
25 Aupuui Stree[ • Suite 103 • Hilo, Hawaii 9b720
- (808)96]-8297 • Fax (808)961-8296
November 16, 2004
TO: CHRISTOPHER J. YUEN, PLANNING DIIZECTOR
FROM: DARRYL OLPJEIRA, FIRE CHIEF
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-012)
REQUEST: URBAN TO AGRICULTURAL AND AGRICULTURAL TO URBAN
CHANGE OF ZONE APPLICATION (REZ 04-027)
REQUEST: RM-1 TO A-20a & A-20a TO RM-1
APPLICANT: JOHANNA LEAIRD/KAMEHAMEHA SCHOOLS
TAX MAP KEY: 2-6-8:POR 22 AND 2-6-9:POR 8
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained
in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured by an unobstructed route
around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
" 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 maybe required when it is determined by the chief th
access by a single road maybe impaired by vehicle congestion, condition of terrain, clim
conditions or other factors that could limit access. CPU coy
P ~a
i ~
Hraupf'i Cmmty is nn Equal Opportunity PraviAer and Employer. ~
Christopher J. Yuen
November 16, 2004
Page 2
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) 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-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire appazatus 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 fuming azound 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.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
"(lc) 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.
"(1) 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."
L OLIVEIRA
Fire Chief
NA:cmj
3. Consolidation/Resubdivision (SUB 2004-0165): The applicants have submitted a
consolidation/resubdivision application, which has been deferred pending the outcome of
the State Land Use Boundary Amendment and Change of Zone requests.
4. Supporting information: The applicants have submitted the attached in support of the
requests. (See Exhibit A -State Land Use Boundary Amendment and Change of
Zone Applications)
STATE AND COUNTY PLANS
5. State Land Use Classification: Agricultural and Urban
6. County Zoning: Agricultural (A-20a) and Multiply Family (RM-1)
7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density
Urban, which allows for village and neighborhood commercial and single family and
multiple residential and related functions (multiple family residential-up to 35 units per
acre).
8. Hilo Community Development Plan: Adopted on May 21, 1975 by Planning
Commission Resolution No. 1, the Plan designates the area for multiple-family
residential uses (RM-4).
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.
10. Special Management Area (SMA): The project site is not located within the County
SMA boundary. The property is located less a % mile from the closest shoreline.
DESCRIPTION OF THE PROPERTIES AND SURROUNDING AREA
11. Properties: The properties are located on the mauka (west) side of Wainaku Street,
directly across from the intersection of Wainaku Street and Halaulani Place. Leaird's
existing property is .59 acre in size. Kamehameha Schools' property is approximately
1,553 acres in size. There are no existing structures located on either affected portions of
-2-
1;`Jlfi~i~~l~~ ~~~~~ri~~i Jl~l9y~
Replacement Page
RLeaird-KamSchools-REZ04-027.jwd OI-]0-OS
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
JOHANNA LEAIRD AND KAMAMEHAMEHA SCHOOLS
CHANGE OF ZONE APPLICATION (12EZ 04-0271
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for the Change of Zone request from aMultiple-Family Residential
1,000-square foot (RM-1) to an Agricultural 20-acre (A-20a) district for 1,771 square feet be
forwarded to the County Council. The Planning Director is also recommending that a favorable
recommendation be forwarded to the County Council for a Change of Zone from an
Agricultural 20-acre (A-20a) to aMultiple-Family Residential 10,000-squaze foot (RM-10)
district for 20,084 square feet instead of the requested Multiple-Family Residential 1,000-square
foot (RM-1) district. Since this recommendation is made without the benefit of public testimony,
the Director reserves the right to modify and/or alter this position based upon additional
infonnation presented at the public hearing. This favorable recommendation is based on the
following findings:
The applicants have submitted applications for a Change of Zone for 1,771 square
feet from aMultiple-Family Residential 1,000-square foot (RM-1) to an Agricultura120-
acre (A-20a) district and 20,084 square feet from Agricultura120-acre (A-20a) to
Multiple-Family Residential 1,000-square foot (RM-1) district.
The reasons for the request are that the applicants aze doing a land exchange to
relocate Kamehameha Schools' existing easement across Leaird's property, which is
located in the gulch. This will allow a new access road for Kamehameha Schools and
allow Leaird's property to become a buildable lot. If the land exchange is not approved,
Leaird's property will remain anon-buildable lot. If approved, Leaird is proposing to
develop atwo-story residence (pole house), a Japanese Tea House with Bath House and a
multi-story unit with five bedrooms for a Bed and Breakfast operation.
The Planning Director is recommending that the 20,084 square foot area be
rezoned to Multiple-Family Residential 10,000-squaze feet (RM-10) instead of the
requested Multiple-Family Residential 1,000-square feet (RM-1) zoning. The applicant
-1-
(Leaird) is seeking to build several dwellings on the property, including asingle-family
dwelling and a bed and breakfast operation. The RM-10 zoning would allow the
applicant to build her proposed development and allow the bed and breakfast operation as
a permitted use, thus not requiring a use permit. Additionally, the property is located
along a gulch and on a bad curve along Wainaku Street. By rezoning the area to 12M-10
instead of RM-1, this will prevent future development of the property with apartments or
condominiums, thus preventing a larger development in an area not suitable for the
expanded use. A condition will also be added to require Leaird to rezone the remainder
of the property that is currently zoned RM-1 to RM-10, thereby preventing split-zoning
of the property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through a comprehensive policy analysis approach that evaluations and decisions can be
made to better time or stage developments to achieve quality growth. The implications of
these evaluations and decisions must also be considered as they may have an impact on
other similar areas in the County.
The proposed change of zone from Agricultural (A-20a) to Multiple-Family
Residential (RM-10) zoned district will conform to, among others, the goals, policies
and standards of the following General Plan Elements:
LAND USE
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• 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.
-2-
Corrected copy. See Leaird Rez Rec.
ECONOMIC
• 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 shall provide an economic environment which allows new, expanded,
or improved economic opportunities that are compatible with the County's natural
and social environment.
• The County of Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
The proposed request (land exchange) will provide Leaird with an economic
environment that will allow her the opportunity to construct anon-profit bed and
breakfast operation for blind and disabled visitors. The retreat would offer ADA lodging
and educational classes. This would also create a new economic opportunity for the Big
Island of Hawaii.
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 land use pattern for areas within the County. The proposed request
conforms to the LUPAG Map which designates the project area as Medium Density
Urban Area. This designation allows for village and neighborhood commercial and
residential and related functions (3-story commercial, residential-up to 35 units per acre).
The request also conforms to the 1975 Hilo Community Development Plan Land
Use Concept Map, which designates this area for multiple-family residential uses (12M-
4). The properties are located on the mauka (west) side of Wainaku Street, directly
across from the intersection of Wainaku Street and Halaulani Place. Leaird's existing
property is .59 acre in size. Kamehameha Schools' property is approximately 1,553 acres
in size. There are no existing structures located on either affected portions of the subject
-3-
Corrected copy. See Leard Rez Rec.
properties. From Wainaku Street, Leaird's property runs mauka next to Pukihae Stream
along a steep gulch.
The project site is situated within close proximity to schools, commercial
areas, employment centers and public safety services. The project site is located in
close proximity to the urban/retail/employment center of Hilo. Therefore, the
reclassification conforms with the General Plan which encourages urban developments in
close proximity to existing developments and to existing services and facilities.
The proposed change of zone from Multiple-Family Residential (RM-1) to an
Agricultural (A-20a) zoned district will conform to, among others, the goals, policies
and standards of the following General Plan Elements:
AGRICULTURAL
• The County shall assist in the development of basic resources such as water,
roads, transportation and distribution facilities for the agricultural industry.
• The County shall coordinate and encourage efforts to solve the problems of the
agricultural industry in the County of Hawaii.
The proposed request (land exchange) will provide Kamehameha Schools with a
new access road to their 1,553-acre parcel. The existing roadway is located in within an
easement through Leaird's property along the gulch. This will allow Kamehameha
Schools to extinguish the access easement and to create an improved access road for their
agricultural property.
All utilities and services are available to the both properties. Access to the
properties will be from Wainaku Street, which is a 29-foot paved County road within an
approximate 60-foot right-of--way width. Water can be made available from the existing
8-inch waterline. All other essential utilities or services are or will be made available to
the development.
There is no severe geological or topographical problems for both properties
that cannot be properly rectified or which would render the land unusable.
According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency
Management Agency (FEMA), the project area is within Zone X, area determined to be
-4-
outside the 500-year flood plain. The project area is also located outside of any tsunami
inundation area
Both requests are not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately % mile from the nearest coastline
and 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 both properties have
been previously used for farming of ginger and tazo in the past, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the
subject property. 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 azea.
Both requests will not have a significant adverse impact to traditional and
customary Hawaiian Rights. 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 in terms of the cultural, historical, and
natural resources and the associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or Fauna study was submitted.
The valuable cultural, historical, and natural resources found in the rezonine area:
As the properties have been used for agricultural purposes in the past and is located on
steep terrain next to the Pukihae Stream, an archaeological inventory survey of the site
was not conducted. A condition will be included to require the applicant to cease any
activities on the site and notify the Planning Department if any unanticipated
archaeological features or sites are discovered during the course of improving the site.
-5-
Possible adverse effect or impairment of valued resources: There is no evidence
of any traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of any known valued cultural, historical or native resources in the immediate
area. Therefore, to the extent to which traditional and customary native Hawaiian rights
are exercised, the proposed request will not affect traditional Hawaiian rights, and no
action is necessary to protect these rights. The subject property does not abut the
shoreline, therefore Hawaiian gathering and fishing rights is not an issue.
Based on the above findings, the above requests to reclassify the subject properties would
result in an appropriate ]and use pattern.
The accompanying draft bill to amend Section 25-114 (City of Hilo Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval are
attached to the draft bill.
-6-
COUNTY OF HAWAI~~, _ ~ STATE OF HAWAII
~x
; r
BILL NO. _
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-32 (SOUTH HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) AND MULTIPLE-FAMILY
RESIDENTIAL (RM-1) TO MULTIPLE-FAMILY RESIDENTIAL (RM-10) AND
AGRICULTURAL (A-20a) AT KALALAU, SOUTH HILO, HAWAII, COVERED BY TAX
MAP KEY 2-6-8:PORTION OF 22 AND 2-6-9:PORTION OF 8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-32, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kalalau, South Hilo,
Hawai `i, shall be Multiple-Family Residential (RM-10):
PARCEL A:
Beginning at the northeast corner of this parcel of land, the coordinates of said
point of beginning refer-ed to Government Survey Triangulation Station "HALAI", being
5,643.93 feet North and 1,016.71 feet East, thence running by azimuths measured
clockwise from true South:
1. 26° 50' 167.09 feet along Lot B;
2. Thence along the middle of Pukihae Stream, the direct azimuth and distance
being:
100° 56' 154.74 feet;
3. 207° 48' 96.14 feet along the remainder of Lot 22;
4. 253° 48' 96.07 feet along same;
5. 265° 00' 90.61 feet along same to the point of beginning
-1-
and containing an area of 20,084 Square
Feet, more or less.
The district classification of the following area situated at Kalalau, South Hilo,
Hawaii, shall be Agricultural (A-20a):
PARCEL B:
Beginning at the southwest comer of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALM", being
5,643.93 feet North and 1,016.71 feet East, thence running by azimuths measured
clockwise from true South:
] . 206° 50' 88.91 feet along Lot 22;
2. 355° 00' 30" 75.54 feet along Wainaku Street;
3. 85° 00' 46.89 feet along the remainder of Lot B to the
point ofbeginning and containing an area of
1,771 Square Feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
-2-
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-32 (SOUTH HILO ZONE MAP) AND
25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF
THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION
FROM MULTIPLE-FAMILY RESIDENTIAL (RM-1) AND AGRICULTURAL (A-20a)
TO AGRICULTURAL (A-20a) AND MULTIPLE-FAMILY RESIDENTIAL (RM-10)
AT KALALAU, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 2-6-008:POR. 022 AND 2-6-009:POR. 008 Date: January 11, 2005
EXHIBIT °A° (JOHANNA LEAIRD & KAMEHAMEHA SCHOOLS:11 53)
CLeaird-KamSchools-REZ04A27.jwd OI-OS-OS
JOHANNA LEAIRD AND KAMAMEHAMEHA SCHOOLS
CHANGE OF ZONE APPLICATION NO. 04-027
CONDITIONS OF APPROVAL
A. The applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant (Leaird) shall submit a change of zone application for the remainder
of TMK: 2-6-008: 022 that is currently zoned Multiple-Family Residential 1,000-
square feet to Multiple-Family Residential 10,000 square feet (RM-10) within six
(6) months from the effective date of this ordinance.
C. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant (Leaird) shall submit the anticipated maximum daily water usage
calculations as recommended by a registered engineer, and a water commitment
deposit in accordance with the "Water Commitment Guidelines Policy" to the
Department of Water Supply within ninety (90) days from the effective date of
this ordinance.
D. Construction of the proposed development shall be completed within five (5)
years from the effective date this ordinance. Prior to construction, the applicants,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule
No. 17 (Landscaping Requirements).
E. All driveway connections to Wainaku Street shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code.
F. A drainage study shall be prepared by a licensed civil engineer and submitted to
the Department of Public Works prior to issuance of a construction permit. The
recommended drainage improvements shall be constructed meeting with the
approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy.
G. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
H. The applicant shall install a backflow preventer by a licensed contractor on the
applicant's private property just after the meter, meeting with the approval of the
Department of Water Supply.
I. A Solid Waste Management Plan shall be submitted to the Depaztment of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate azea shall cease and the Department of Land and Natural Resource -
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an azchaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
K. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair shaze contribution shall be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the lot counts are
adjusted. The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval or within five years from the effective date of this
change of zone ordinance, whichever occurs first. The fair share contribution for
each unit shall be based on a maximum density for each unit as determined by the
zoning resulting from this change of zone. The fair share contribution in a form of
cash, land, facilities or any combination thereof shall be determined by the
County Council. The fair share contribution maybe adjusted annually beginning
three years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HOPI). The fair share
contribution shall have a maximum combined value of $6,206.06 per multiple
family residential unit. Based upon the applicant's representation of intent to
develop a total of 2 (two) residential units, the indicated total of fair share
contribution is $12,412.12 for the two residential units. However, the total amount
shall be increased or reduced in proportion with the actual number of units
according to the calculation and payment provisions set forth in this condition.
The fair share contribution per multiple family residential unit shall be allocated
as follows:
1. $3,061.27 for multiple family residential unit to the County to support
park and recreational improvements and facilities for a indicated total of
$6,122.54;
2. $96.75 per multiple family residential unit to the County to support police
facilities for an indicated total of $193.50;
3. $297.62 per multiple family residential unit to the County to support fire
facilities for an indicated total of $595.24;
4. $132.65 per multiple family residential unit to the County to support solid
waste facilities for an indicated total of $265.30; and
5. $2,617.77 per multiple family residential unit to the County to support
road and traffic improvements for an indicated total of $5,235.54.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
N. To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the requirements of
Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing
Policy. This requirement shall be approved by the County Housing Agency
prior to final plan approval.
O. An initial extension of time for the performance of conditions within the permit
maybe granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year maybe extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
P. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
(Leaird) is seeking to build several dwellings on the property, including asingle-family
dwelling and a bed and breakfast operation. The RM-10 zoning would allow the
applicant to build her proposed development and allow the bed and breakfast operation as
a permitted use, thus not requiring a use permit. Additionally, the property is located
along a gulch and on a bad curve along Wainaku Street. By rezoning the area to RM-10
instead of 12M-1, this will prevent future development of the property with aparhnents or
condominiums, thus preventing a larger development in an area not suitable for the
expanded use. A condition will also be added to require Leaird to rezone the remainder
of the property that is currently zoned RM-1 to RM-10, thereby preventing split-zoning
of the property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through a comprehensive policy analysis approach that evaluations and decisions can be
made to better time or stage developments to achieve quality growth. The implications of
these evaluations and decisions must also be considered as they may have an impact on
other similar areas in the County.
The proposed change of zone from Agricultural (A-20a) to Multiple-Family
Residential (RM-10) zoned district will conform to, among others, the goals, policies
and standards of the following General Plan Elements:
LAND USE
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zone urban- types of uses in areas with ease of access to community services and
employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• 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.
-2-
LEAIRD REZREC.
Replace~ent page.
ECONOMIC
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
The proposed request (land exchange) will provide Leaird with an economic
environment that will allow her the opportunity to construct anon-profit bed and
breakfast operation for blind and disabled visitors. The retreat would offer ADA lodging
and educational classes. This would also create a new economic opportunity for the Big
Island of Hawaii.
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 land use pattern for areas within the County. The proposed request
conforms to the LUPAG Map which designates the project area as Medium Density
Urban Area. This designation allows for village and neighborhood commercial and
single family and multiple family residential and related functions (multiple family
residential-up to 35 units per acre).
The request also conforms to the 1975 Hilo Community Development Plan Land
Use Concept Map, which designates this area for multiple-family residential uses (RM-
4). The properties are located on the mauka (west) side of Wainaku Street, directly
across from the intersection of Wainaku Street and Halaulani Place. Leaird's existing
property is .59 acre in size. Kamehameha Schools' property is approximately 1,553 acres
in size. There are no existing structures located on either affected portions of the subject
-3-
Replacement page.
RLeaird-KamSchools-SLU04-012.jwd 01-06-OS
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
JOHANNA LEAIRD AND KAMAMEHAMEHA SCHOOLS
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-012)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for the State Land Use Boundary Amendment requests be
forwarded to the County Council. Since this recommendation is made without the benefit of
public testimony, the Director reserves the right to modify and/or alter this position based upon
additional information presented at the public hearing. This favorable recommendation is based
on the following findings:
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for 20,084 square feet of land will not be violative of Section 205-
2, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with
' the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County
General Plan. According to the Hawaii Land Use Commission Rules, one of the
standards for considering an area for urban reclassification states that "lands contiguous
with existing urban areas shall be given more consideration than non-contiguous lands,
and particularly when indicated for future urban use on State or County General Plans."
The subject property conforms to this standazd as it is situated adjacent to existing urban
designated lands. These urban lands include properties to the south and east (makai),
which are zoned Multiple-Family Residential (RM-1) and are developed primarily with
apartment buildings. In addition, properties to the northeast are zoned Single-Family
Residential (RS-10 and RS-15) and aze developed with single family dwellings.
The reclassification action from the State Land Use Agricultural to the
Urban District would also achieve the following goals, objectives and/or policies
articulated in the Hawaii State Plan:
• Encourage an increase in economic activities and employment
opportunities on the neighbor islands consistent with community needs
and desires.
-1-
• Promote increased opportunities for Hawaii's people to pursue their socio-
economic aspirations throughout the islands
• Encourage urban developments in close proximity to existing services and
facilities.
The Urban boundary request would be consistent with the Land Use and
Economic goals and policies of the Hawaii County General Plan by creating new
economic opportunities. 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 land use pattern for areas within the County.
The proposed request conforms to the LUPAG Map which designates the project
area as Medium Density Urban Area. This designation allows for village and
neighborhood commercial and residential and related functions (3-story commercial,
residential-up to 35 units per acre). The subject request is to allow the urban
development of asingle-family dwelling, a Tea House and a bed and breakfast operation.
The area under consideration is consistent with the urban form established for this section
of the South Hilo District as depicted on the LUPAG Map.
While a portion of the project area is within the State Land Use Agricultural
and County's Agricultural zoned districts, it is not currently being used for active
agricultural purposes. The land is presently vacant of any structures or uses and is
overgrown mainly with African Tulip trees, Gunpowder trees, and Palm trees. Both
properties have been previously used for farming of ginger and taro in the past. The State
of Hawaii ALISH Map classifies the area as unclassified. The Land Use Study Bureau's
Overall Master Productivity Rating for the soils in the azea is "E" or "Very Poor." No
endangered or threatened species of floral or fauna nor any azchaeological sites are
anticipated to found on the project site. Therefore, the reclassification ofthis area from
the Agricultural to Urban designation will not be detrimental to the reduction of this area
from the agricultural land inventory in the County of Hawaii.
-2-
Corrected copy. See Leaird Slu Rec.
The property is situated within close proximity to schools, commercial areas,
employment centers and public safety services. The project site is located in close
proximity to the urban retail/employment center of Hilo. Therefore, the urban request
conforms with the Land Use Commission Rules which encourages urban developments
inclose proximity to existing developments and to existing services and facilities
In addition, the approval of the reclassification from the State Land Use
Urban to the Agricultural District for 1,771 square feet of land will not be violative
of Section 205-2, Hawaii Revised Statutes, nor will the reclassification actions be
inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan
and the County General Plan. According to the Hawaii Land Use Commission Rules,
one of the standards for considering an area for agricultural reclassification states that "it
shall include lands with a high capacity for agricultural production." The boundary
amendment request is a land exchange between the applicants to relocate Kamehameha
Schools' existing easement across Leaird's property and allow Kamehameha Schools to
build a new access road for their 1,553-acre agricultural property. This will increase the
opportunity to improve access and production of agricultural activity for Kamehameha
Schools' large agricultural property and will be consistent with the above listed
agricultural reclassification standard.
The reclassification action from the State Land Use Urban to the
Agricultural District would also achieve the following objectives and policies for the
economy (agricultural) articulated in the Hawaii State Plan:
• Growth and development of diversified agriculture throughout the State.
• Enhance agricultural growth by providing public incentives and
encouraging private initiatives.
Lastly, the agricultural boundary request would be consistent with the Land Use-
Agricultural goals, objectives and policies of the Hawaii County General Plan by creating
new economic opportunities for the applicant, who will construct an improved access
road For their agricultural property.
-3-
All utilities and services are available to both properties. Access to the
properties will be from Wainaku Street, which is a 29-foot paved County road within an
approximate 60-foot right-of--way width. Water can be made available from the existing
8-inch waterline. All other essential utilities or services are or will be made available to
the development.
Both properties have no severe geological or topographical problems that
cannot be properly rectified or which would render the land unusable. According to
the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management
Agency (FEMA), the project area is within Zone X, area determined to be outside the
500-year flood plain. The project area is also located outside of any tsunami inundation
area.
Based on the above findings, the approval of the State Land Use Boundary Amendments
complements the State Land Use District Regulations and is supportive of the State of Hawaii
Plan.
It is recommended that this request for the State Land Use Boundary Amendments be
given favorable consideration. The accompanying draft bill to amend the State Land Use
Boundaries Map, H-66, for the County of Hawaii is included for your review and approval.
-a-
COUNTY OF HA WAI`~ . ~ STATE OF HAWAI`T
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-66 FOR
THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL AND URBAN DISTRICT TO THE URBAN AND AGRICULTURAL
DISTRICT AT KALALAU, SOUTII HILO, HAWAII, COVERED BY TAX MAP KEYS
2-6-8:PORTION OF 22 AND 2-6-9:PORTION OF 8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-66 for the County of Hawaii, is
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Kalalau, South Hilo,
Hawaii, shall be Urban:
PARCEL A:
Beginning at the northeast corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALM", being
5,643.93 feet North and 1,016.71 feet East, thence running by azimuths measured
clockwise from true South:
1. 26° 50' 167.09 feet along Lot B;
2. Thence along the middle of Pukihae Stream, the direct azimuth and distance
being:
100° 56' 154.74 feet;
3. 207° 48' 96.14 feet along the remainder of Lot 22;
4. 253° 48' 96.07 feet along same;
5. 265° 00' 90.61 feet along same to the point ofbeginning
and containing an area of 20,084 Square
Feet, more or less.
The district classification of the following area situated at Kalalau, South Hilo,
Hawaii, shall be Agricultural:
PARCEL B:
Beginning at the southwest corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALM", being
5,643.93 feet North and 1,016.71 feet East, thence running by azimuths measured
clockwise from tn~e South:
1. 206° 50' 88.91 feet along Lot 22;
2. 355° 00' 30" 75.54 feet along Wainaku Street;
3. 85° 00' 46.89 feet along the remainder of Lot B to the
point of beginning and containing an area of
1,771 Square Feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
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AMENDMENT TO STATE LAND USE
BOUNDARIES MAP
AMENDING THE STATE LAND USE BOUNDARIES MAP H-66 FOR THE
COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE URBAN DISTRICT
AND FROM THE URBAN TO THE AGRICULTURAL DISTRICT
AT KALALAU, SOUTH HILO, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 2-6-008.POR. 022 AND 2-6-009.POR. D08 Date: November 4, 2004
EXHIBIT "A" (JOHANNA LEAIRD & KAMEHAMEHA SCHOOLS:04-153)
• Promote increased opportunities for Hawaii's people to pursue their socio-
economic aspirations throughout the islands
• Encourage urban developments in close proximity to existing services and
facilities.
The Urban boundary request would be consistent with the Land Use and
Economic goals and policies of the Hawaii County General Plan by creating new
economic opportunities. 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 land use pattern for areas within the County.
The proposed request conforms to the LUPAG Map which designates the project
area as Medium Density Urban Area. This designation allows for village and
neighborhood commercial and single family and multiple family residential and related
functions (multiple family residential-up to 35 units per acre). The subject request is to
allow the urban development of asingle-family dwelling, a Tea House and a bed and
breakfast operation. The area under consideration is consistent with the urban form
established for this section of the South Hilo District as depicted on the LUPAG Map.
While a portion of the project area is within the State Land Use Agricultural
and County's Agricultural zoned districts, it is not currently being used for active
agricultural purposes. The land is presently vacant of any stmctures or uses and is
overgrown mainly with African Tulip trees, Gunpowder trees, and Palm trees. Both
properties have been previously used for farming of ginger and taro in the past. The State
of Hawaii ALISH Map classifies the area as unclassified. The Land Use Study Bureau's
Overall Master Productivity Rating for the soils in the area is "E" or "Very Poor." No
endangered or threatened species of floral or fauna nor any archaeological sites are
anticipated to found on the project site. Therefore, the reclassification of this area from
the Agricultural to Urban designation will not be detrimental to the reduction of this area
from the agricultural land inventory in the County of Hawaii.
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Replacement page. LEAIRD SLU REC.