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HomeMy WebLinkAboutCOM 0574.000 1996-1998 eEC~ty~ _ ~ Date.--. ~ ~i ~ -~w'lliam G. Davis Stephen K.Yamashiro •c i• ~ jounty Council Managing Director Mayor Henry Cho ~n'~oi'~~«~r Deputy Managing Director (~uun#g of ~ttfuttii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 November 4, 1997 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 97-1) Request: Agricultural to Rural Change of Zone Application (REZ 97-6) Request: A-Sa to RA-.5 Applicant: Malia Ohana Partnership 2 Tax M~ Key: 7-4-6:38 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced applications. Sincere Stephen K. Yamashiro Mayor LMOPOI.MAY Enclosures cc: Planning Commission SLU 97-1/REZ 97-6 11. S 7~ ~,1,~. ZN G /K1V P c >t~ N_ OV _ ~ tem x.. os N„t. i~;~ Stephen K. Yamashiro Mayor • o ~ or x~ ~II1TI1<~u C~lli<iYt PLANNING COMMISSION 25 Aupunl Strect, Room 109 • TGI0. H~wdi %720.4252 (808) %1-8288 F~a (808) %1-%IS NOV E) 4 1997 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 97-1) Request: Agricultural to Rural Change of Zone Application (REZ 97-6) Request: A-Sa to RA-.5 Applicant: Malia Ohana Partnership 2 Tax M~j~y: 7-4-6.38 The Planning Commission, after a duly held public hearing on October 24, 1997, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from Agricultural to Rural and the Change of Zone from Agricultural (A-Sa) to Residential and Agricultural (RA-.Sa) for approximately 5.055 acres of land. The property is located on the east side of Palani Road adjacent to and north of the Kona Christian Academy at Honokohau 2nd, North Kona, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: CTeTT; T enTn TTSF RniTNDARY AMENDMENT The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The surrounding area consists of a mixture of single-family residences and vacant lots. The subject parcel is situated across the Paniolo Subdivision which consists primarily of 72 1-acre lots. The zoning pattern in the vicinity is a mixture of Agricultural -1 acre (A-la), Agricultural - 5 acres (A-Sa) and Single Family Residential (RS-10). Adjacent to the parcel is the Kona Church of Christ which was granted Special Permit No. 549 for the construction of the church and the school (Kona Christian Academy) with an enrollment of 120 students. Chapter 205, HRS, determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include [he following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for similar agricultural land uses that are compatible with the State Land Use Agricultural designation. The applicant has plans to develop the parcel into a 6-lot Residential-Agricultural subdivision. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed boundary amendment would conform to the following goals and policies of the General Plan: Land Use o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 o Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. ®griculture o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed use would also conform to the following goals and policies of the Economic Element: o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. The Kona Regional Plan adopted by the Planning Commission in 1984 is intended to provide short and middle range implementation strategies for the goals, policies and land use pattern presented in the General Plan. The Kona Regional Plan and its Zone Guide Map, adopted over 10 years ago, suggested agricultural uses for the project site. The property is situated in proximity to residential subdivisions such as the Paniolo Country Subdivision which consists of primarily one acre lots. Therefore, the approval of the subject request would be consistent with the policy direction established by the General Plan. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area as Urban Expansion. Urban Expansion allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. This request would allow a rural development, single family residences and possible church activities. The area under consideration is consistent with the rural form established for this section of the North Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Kona District as depicted on [he LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Palani Road, a two-lane County roadway, which has a pavement width of 20 feet within a 40-foot right-of-way. The Department of Transportation has stated that the project will not have an adverse impact on the State Transportation facilities. The Department of Public Works has expressed the need for improvements to the parcel's frontage along Palani Road. The need for such improvements is essential since similar changes of zone may occur along Palani Road in addition to the creation of additional homesites, placing additional traffic burdens on the roadway. This issue will be reviewed as part of the Change of Zone request. The Department of Water Supply has indicated that water service is available to the subject property. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as outside of the 500-year flood plain (Zone X). All subdivision improvements which include grading, roadway improvements, drainage etc. shall comply with the applicable agency requirements and will be so conditioned in the change of zone request. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii ALISH Map classifies the subject property as Other Important Agricultural Land. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. The surrounding properties are also in the County's Agricultural and State Land Use Agricultural zoned district. Furthermore, a Rural District classification would complement the existing and future residential land use patterns of the surrounding properties in view of the surrounding properties and permissible uses. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (5) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (6) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment to the Rural District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. CHANGE OF ZONE In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone Application from Agricultural-5 acres (A-Sa) to Residential and Agricultural - .5 acre (RA-.Sa) zoned district will conform to the following goals, policies and standards of the General Plan Land Use, Economic, and Agricultural Elements: LAND USE o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 o Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Agricultural land shall be used as one form of open space or green belt. ECONOMIC o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o 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. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils identified as Kaimu, extremely stony peat. The Kaimu series consists of thin well-drained organic soils over a'a lava on Mauna Loa. In a representative profile, the surface layer is very dark brown, extremely stony peat about 3 inches thick. Permeability is moderately rapid, runoff is slow and erosion hazard is slight. They are moderately to steep slopes. Elevation is approximately 1,200 feet above mean sea level. The soil is appropriate for pasture, macadamia nuts, papaya, and citrus fruits. Due to the shallow, rocky soils and grid climate, the soils are suitable for mainly pasture. Soils within the subject property have been classified as "E" (Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified as "Other Important Agricultural Land" by the ALISH system. "Other Important Agricultural Land" are lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural uses. The requested RA-.Sa zoning will encourage agricultural activities or the development of the lands within the proposed subdivision in a manner consistent with the "Urban Expansion" designation by both the General Plan LUPAG Map and "Other Important Agricultural Land" designation by the ALISH system. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 The proposed residential/agricultural subdivision of .5 acre lots and the proposed use of one of the parcels for church purposes would be compatible with the character of lands surrounding the property. The surrounding area consists of a mixture of single-family residences and vacant lots. The subject parcel is situated across the Paniolo Subdivision which consists of 72 1-acre lots. The zoning pattern in the vicinity is a mixture of Agricultural -1 acre (A-la), Agricultural - 5 acres (A-Sa) and Single Family Residential (RS-10). Adjacent to the parcel is the Kona Church of Christ which was granted Special Permit No. 549 for the construction of the church and the school (Kona Christian Academy) with an enrollment of 120 students. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this area. The proposed church will be addressed through the Special Permit process which an application was submitted separately. Primary access to the subject area is provided by Palani Road, atwo-lane County roadway, which has a pavement width of 20 feet within a 40-foot right-of--way. The Department of Transportation has stated that the project will not have an adverse impact on the State Transportation facilities. The Department of Public Works has expressed the need for improvements to the parcel's frontage along Palani Road. The need for such improvements is essential since similar changes of zone may occur along Palani Road in addition to the creation of additional homesites, placing additional traffic burdens on the roadway. A condition relative to this issue has been included in the conditions of approval to ensure adequate and safe traffic conditions in this area. All essential services and facilities are available to the subject property. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. No historic sites were present on the parcel. A grubbing permit was issued in 1989 and the property was grubbed. Thus, the proposed action will not have any effect on significant historic sites. Should significant historical sites be located within the subject property, an archaeological preservation/mitigation plan shall be submitted for review and approval by Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) prior to the issuance of Final Subdivision Approval or any land alteration activities. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. In terms of population, the North Kona district has been one of the fastest growth areas on the island. From 1970 to 1990 the population of North Kona increased by 361 percent. The 1990 U.S. Census Data: Table 6, indicates a population of 4,832 in 1970 and a population of 22,284 in 1990 in the North Kona district. As such, the proposed use will help to meet the housing and spiritual needs of the expanding population in this area. Based on the above findings, a favorable recommendation of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-.5 acre (RA-.Sa) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 For your favorable consideration, amendments to the SLU Boundaries Map, H-7 for the County of Hawaii, and Section 25-8-3 (North Kona Zone Map) are transmitted. We are enclosing copies of the applications and a copy of the staff background for your information. Sincerely, l~~ ~ L ~`y Kevin M. Balog, Chairman Planning Commission LMOP205.PC Enclosures cc: Mr. Dennis W. Haserot Malia Ohana Partnership 2 Department of Water Supply Kazu Hayashida/DOT-Highways,Honolulu State Land Use Commission West Hawaii Office Bblal ia01. emm-7'30/97 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MALIA GHANA PARTNERSHIP 2 STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 97-1) ('HAN E OF ZOiVE APPLICATION (REZ 97-61 MALIA GHANA PARTNERSHIP has submitted an application for a State Land Use Boundary Amendment from Agricultural to the Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-.Sa) for approximately 5.055 acres of land. The property is located on the east side of Palani Road adjacent to and north of the Kona Christian Academy at Honokohau 2nd, North Kona, Hawaii, TMK: 7-4-6:38. GENERAL INFORMATION 1. Malia Ghana Partnership is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicant is requesting reclassification of the State Land Use District from Agricultural to Rurat and a Change of Zone from A-Sa to RA-.Sa. The applicant proposes to develop a 6-lot subdivision. 3. Objectives: "The applicant wishes to change the existing A-Sa zoning to RA-.5. They intend to develop the parcel into five 1/2 acre rural/residential lots and one 2-acre lot for possible use as a church site. It is their intent to retain the residential parcels and construct homes for rental (investment) or sale." 4. The applicant has submitted the following in support of the request: (See Exhibit A - Excerpts from State Land Use Boundary Amendment and Change of Zone Applications dated February 6, 1997) 5. A Special Permit application has been submitted to allow the establishment of a church and related structures and uses on one of the proposed lots. (ATTACHr1ENT TO C-574) Bills 165 & 166 STATF. AND COUNTY PLANS 6. SLUC: Agricultural. 7. Hawaii State Plan Consistency: Economy and Housing objectives. 8. General Plan Consistency: Economic, Public Utilities, Land Use elements goals, policies and courses of action. 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Urban Expansion, which allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 10. General Plan Facilities Map: Since 1971, the Facilities Map reflects a proposed new alignment for portion of Palani Road in the vicinity of the subject property. This new alignment is proposed to be an 80-foot right-of-way. 11. County Zoning: The property is currently zoned Agricultural - 5 acres (A-Sa). 12. SMA: The subject property is not situated within the Special Management Area. DESCRIPTION OF SUR.iECT PROPERTY AND SURROt1NDING AREA 13. Property: The 5.055 acre parcel is an irregularly shaped lot. There are presently several temporary storage structures on the subject property. The property was recently grubbed in 1989, and now has a dense covering of secondary weedy trees, herbs and vines. 14. U.S.D.A. Soil Type: The soils within the project area ace classified by the U.S. Department of Agriculture, Soil Conservation Service, as Kaimu, extremely stony peat. The Kaimu series consists of thin well drained organic soils over a'a lava on Mauna Loa. [n a representative profile, the surface layer is very dark brown, extremely stony peat about 3 inches thick. Permeability is moderately rapid, runoff is slow and erosion hazard is slight. They are moderately to steep slopes Elevation is approximately 1,200 feet above mean sea level. The soil is appropriate for pasture, macadamia nuts, papaya, and citrus fruits. Due to the shallow, rocky soils and avid climate, [he soils are suitable for mainly pasture. -2- l~. ALISH: The property is classified as "Other Important Agricultural Land" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. I6. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. 17. Fauna: No native fauna were observed on the site. Fauna consists of introduced species of birds and mammal pests. No endemic birds were recorded on the property, although short-eared ow( or Pueo and the endangered Hawaiian Hawk or 'Io may on occasions make use of the area. Although the Hawaiian hawk is an endangered species, the subject property is not considered to be part of its essential habitat. The only native Hawaiian mammal, the Hawaiian hoary bat, may also be present in the area. Feral mammal observed on the project site include Indian mongoose, cat, rats and mice. 18. Flora: No rare, threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. Only two native plant species, popolo and morning glury were ubserved. 19. Archaeological Resources: No historic sites were present on the parcel A erubbing permit was issued in 1989 and the property was grubbed. Thus, the proposed action will not have any effect on significant historic sites. 20. FIRM: Zone X, area determined to be outside the 500-year flood plain. 21. Surrounding Zoning/Land Uses: The surrounding area consists of a mixture of single-family residences and vacant lots. The subject parcel is situated across the Paniolo Subdivision which consists of 72 1-acre lots. The zoning pattern in the vicinity is a mixture of Agricultural -1 acre (A-la), Agricultural - 5 acres (A-Sa) and Single Family Residential (RS-10). Adjacent to the parcel is the Kona Church of Christ which was granted Special Permit No. 549 for the construction of the church and the school (Kona Christian Academy) with an enrollment of 120 students. -3- P[JRLIC FACILITIES AND SERVICES 22. Access: Access to the site is provided by Palani Road, atwo-lane County roadway, which has a pavement width of 20 feet within a 40 feet right-of-way. 23. Utilities: Water, electrical and telephone services will be made available to the property. AGENCIES' COMMENTS 24. Real Property Tax Office (April 23, 1997 Memo): "There are no comments at this time. Real Property taxes are paid through June 30, 1997. " 25. State Department of Transportation (May 13, 1997 Letter): "Thank you your transmittal of April 18, 1997. "The subject property will not have an adverse impact on our State transportation facilities. "We appreciate the opportunity to provide comments." 26. Land Use Commission (April 24, 1997 Memo): "We have reviewed the subject applications and supporting documents as transmitted by your memorandum dated April 18, 1997, and confirm that the subject parcel, identified as TMK: 7-4-6:38 and consisting of approximately 5.05 acres, is within the State Land Use Agricultural District. "We have no further comments to offer at this time. "Thank you for the opportunity to provide comments on the subject applications." 27. Department of Land and Natural Resources (May 27, 1997 Letter): "Thank you for the opportunity to review and comment on the subject State Land Use Boundary Amendment and the Zone Change Application. "Our Land Division, Engineering Branch confirms that the proposed project site is located in Zone X (unshaded), an area determined to be outside the 500-year flood plain. "The Department of land and Natural Resources has no other comments to offer on the proposed amendment and zone change at this time. Should you have any questions, please contact Nick Vaccaro of the Land Division at 1-808-587-0438." -4- 9 23. Department of Public Works: (See Exhibit B -April 24, 1997 Memo and Applicant's Response -June 16, 1997 Letter) 29. Department of Water Supply: (See Exhibit C -May 19, 1997 Memo) 30. Police Department: (See Exhibit D -April 29, 1997 and Junc 27, 1997 Memos and Applicant's Response -June 16, 1997 Letter) 31. Fire Department: (See Exhibit E -April 25, 1997 Memo) 32. Office of Housing and Community Development: (See Exhibit F -April 30, 1997 Memo and Applicant's Response -June 16, 1997 Letter) 33. Department of Health: (See Exhibit G -April 25, 1997 Memo and Applicant's Response -June 16, 1997 Letter) A N I . - NO RECPONSE 34. HELCO, Department of Agriculture and Natural Resource Conservation Service. PUBLIC COMMENTS 35. The Department has not received any objections from the general public or adjacent landowners. -5- S Leo a COD_.TY OF HAWAII PLANNING DEPA..TMENT ' APPLICATION FOR STATE LAND IISE HOIINDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: MALIA OHANA-PARTNE HIP 2 ~ APPLICANT'S SIGNATURE:` j~~~ ~ ~rnr~lt ~f1SCY7V~1 MAILING ADDRESS: P.O. BOR 898 RAILIIA-BONA HI 96745 TELEPHONE: (BUS)(808I 329-8240 (HOME) - l LANDOWNER: LIA O A PARTNERSHIP 2 LANDOWNER'S _ . ,c SIGNATURE• ~~jp~ yZ• TAX MAP KEY: TMR 7-04-06:38 LAND AREA: 5.05 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Agriculture to Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under 8.3, above. ~rH~8~1 . ~ . Y Malta Ohana Partnership 2 TMK: 7-04-06:38 APPLICATION FOR STATE LAND USE BOUNDARY AiAIENDiviENT Existing State Land Use District Classification: Agriculture Existing zoning: A-~a. Parcel size: S.OS acres Applicant: Malta Ohana Partnershrp 2 (Hmvari) P.O. Box 898, Kail:ra- Kona, HI 9675 Send Correspondence to: Applicant's agent: Dennis W. Haserot P.O. Box 62.11, Kamrrela, HI. 9673 Tel. (808J 885-21.18 Reasons for requesting Amendment: Objectives: The applicant wishes to change the existing A-Sa zoning to RA-.5. They intend to develop the parcel into five l/2 acre ruraUresidential lots and one 2 acre lot for possible use as a church site. It is their intent to retain the residential parcels and construct homes for rental (investment) or sale. A Use Permit for the church use is being prepared and will be submitted shortly. Description of site: A metes and bounds description and survey map of the parcel is attached. The parcel is irregular in shape; 700 feet deep by 350 feet average width, with approximately 110 feet of frontage on Palani Road. The parcel was grubbed in 1989 and has several temporary storage structures. State/County plans: The General Plan designation shown on the LUPAG map for the subject is Urban Expansion which "allows for a mix of high density, medium density, and low density" uses. General Plan conformity: The proposed rezoning is in confotrttance with the Hawaii County General Plan as outlined in: SECTION 4 -GOALS, POLICIES AND STANDARDS M. LAND USE (5) SINGLE FAMILY RESIDENTIAL Through careful examination and analysis of the present situation, the following goals, policies, and standards are set forth to guide the orderly development of single family residential areas in the interest of the residents of the County of Hawaii. GOALS o To maximize choices of single family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single family residential zoned areas. • To provide singlefamily residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. POLICIES • Rural style residential agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The County shall review and amend if necessary land use ordinances and codes to incude considerations for ruralstyle residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. STANDARDS • Areas shall have basic improvements and amenities necessary for immediate use. • Areas shall be limited to low density and medium density residential uses Land Use District Conformiri (Rural) The proposed reclassification is in conformance HRS 205 as follows: §205-2 Districting and classification of lands. (a) (2)In the establishment of boundaries for rural districts, areas of land composed primarily of small farms mixed with very low density residential lots, which may be shown by a minimum density of not more than one house per one-half acre and a minimum lot size of not less than one-half acre shall be included, except as herein provided: (c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half aue, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot, provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet. Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. §205-5 Zoning. (c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts: (1) Low density residential uses; (2) Agricultural uses; and (3) Public, quasi-public, and public utility facilities. In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2. 'I I 1 q - _ - ~~o c ~ >I i ~%!'~~.~p~' 11 \ I ~ ~ A ~ 1 ~ ~ , ~ v ~ ~ N A 2- K p See J ;~-~-r , Fc? t r ~1 - ~ ` ~ N E ~ A ~/J L ~ i ~ J LOCATION MFn 5how~nq , ~ Locatla, of ~ tMK; ~-~t-06,38 C 1 1 _ - _ ~ - - - - - - ~ . ~ %r- _ _ - _ ~ _ - - - - - ~ SCALE: t" - 80' - pl.Ot pI.AN ` 9t7 = ' ~ 5howlnq proposed Su6d Ives Ion TMK; ~-~-06;38 t ' 1-3-O6:ZZ , 1-3-06 , 21 t2es~aential LI- 12es~dent~al llse _ _ - ~ _ _ _ _ --,,T_--, -J T~R1p~ ~ 51'IBd ~ , . v -3-06;35; 1 - iR ~ ~ ~ - ~ . - ~ ` SCALE: ~ BO' ~ ~ ~ 511 pI.AN ~itL. ~.T r.. ` V ~XIStIYIq COY1G+1~101'IS ~e5?d~~ u~ , 1'MK; ~-q~-06.38 ' ~o+LSe~ C COUNTY OF HAW`II PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: MALTA ORAN ARTN QSHIP 2 f APPLICANT'S SIGNATURE: ~ ~ ~ ~ C'/J DATE: ' y 7 ADDRESS: P.O. BOX 898 KAiLUA-KONA. AI 96745 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: r DANIEL B.BOLTON. General Partner PHONE: (Bus.) 329-8240 (Res.) (Fax) 326-1247 LANDOWNER(S): MALTA OHANA PARTNERSHIP x LANDOWNER SIGNATURE(S): ~ DATE: it ' 6 ' y 7 (May Ix by letttt) LANDOWNER(S) ADDRESS: Same as above REQUEST: A-Sa ~ RA-.5 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-4-06:38 STREET ADDRESS OF PROPERTY: MAtiiALAAOA HWY SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.05 ACRES AGENT: DENNiS HASEROT ADDRESS: P.O. BOX 6251. KAMUELA. HI 96743 TELEPHONE:(Bus.) 885-2148 (Res.) 885-0874 (Fax) 885-2148 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: AGENT COPIES: APPLICANT (See Instmctions on Reverse Side) o Nlalia Ohana Partnership 2 TIvIK: 7-04-06:38 APPLICATION FOR CHANGE OF ZONE CONTENTS LOCATION MAP BACKGROUND • Existing Zaring • Parce! size • Objectives • Description of site • State/County plans • General Plan carformity • Surrounding inning and land uses • Flood Insurance Rate Map • Archeologica/resources • Floral and faunal resources • Access • Utilities SITE PLAN PLOT PLAN COUNTY ENVIRONMENTAL REPORT • Introduction • Methodology • General Site Descriptiar • Floral, Farrrral arrd Ecosystems: Impacts and Mitigation Measures • Drainage: Impacts and Mitigation Measures • Lava Flow and Earthquake Hazards: Existing Conditiars • Lava Flow and Earthquake Hazards: Impacts and Mitigatiwr Measures • Air Quality and Noise: Existing Conditions • Air Onality and Noise: Impacts and Mitigation Measuves • Scenic Resarrees: Existing Cardi?ions • Scenic Resources: Impacts and Mitigation Measures • Socioeconomic: Existing Conditions • Socioeconomic: Impacts and Mitigation Measures • Neighbirhood Character: Existing Conditions • Neighbirhood Character: Impacts arrd Mitigation Measures • Archaeological and Historic Sites: Existing Conditions • Arehneologica! arrd Historic Sites: Impacts arrd Mitigation Meas~rres • Public Facilities and Services: Existing Conditions • Public Facilities and Services: Impacts and Mitigation Measures • Condnsions • Referrrces • Appendix Q _ ~ - ~ ~ F / ~ ,`Q ~ ~ ~ _ - I D - C,a i ~ ~ ~ - r . ` _ - _~i ~ A ~ . - - ~ N oa``o? - 'ice- _ 0 e; - - eJFCT - ' - - - - E - ~ _ ~ _ _ a~ , . ~ , . ~ v ~ ~ N ~ ~ I.OCA110N MAP Show~nq I.ocat?cn of - tMK; ~-~-06.38 Italia Ohana Partnership 2 T~4K: 7-04-06:38 APPLIC:>,T[ON FOR CHANGE OF ZONE BACKGROUND: Existin£ zoninl;: A-Sa. Parcel size: 5.05 acres Objectives: The applicant wishes to change the existing A-Sa zoning to RA-.5. They intend to develop the pazcel into five 1/2 acre ruraUresidential lots and one 2 acre lot for possible use as a church site. It is their intent to retain the residential parcels and construct homes for rental (investment) or sale. A Use Permit for the church use is being prepazed and will be submitted shortly. Description of site: A metes and bounds description and survey map of the parcel is attached. The pazcel is irregulaz in shape; 700 feet deep by 350 feet average width, with approximately 110 feet of frontage on Palani Road. The pazcel was grubbed in 1989 and has several temporary storage structures. State/County plans: The General Plan designation shown on the LUPAG map for the subject is Urban Expansion which "allows for a mix of high density, medium density, and low density" uses. General Plan conformity: The proposed rezoning is in conformance with the Hawaii County General Plan as outlined in: SECTION 4 -GOALS, POLICIES AND STANDARDS M. LAND USE (5) SINGLE FAMILY RESIDENTIAL Through careful examination and analysis of the present situation, the follo«ing goals, policies, and standards are set forth to guide the orderly development of single family residential areas in the interest of the residrnts of the County of Hawaii. • E GOALS • To maximize choices of single famil} residential lots and/or housing for residents of the County. • To ensure compatible uses «ithin and adjacent to single family residential zoned areas. • To provide single family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to empto}Trrent centers. POLICIES • Rural style residential agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural sale residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. STANDARDS • Areas shall have basic improvements and amenities necessary for immediate use. • Areas shall be limited to lo~v density and medium density residential uses Surroundin¢ zonine and land uses: Zoning designation to the north and west is A- laand to the south and east it is A-Sa (formerly unplanned). Uses on the adjoining properties are residential on four sides and school on one side. Flood Insurance Rate Man Desicnation~ The property is designated "x" on the FIRM maps. Archaeological resources: The property was completely grubbed in 1989 and no archeological sites are believed to exist. A rock wall lies just off the northerly boundary and is to stay in place. See attached County Environmental Report. Floral and faunal resources: No impact on native species or habitat is expected to result from the rezoning or subsequent activities on the site. See attached County Environmental Report. Access: Access to the property is from Palani road. A joint access point was established on the southerly boundary at the time the parcel was created. This access point does not have adequate sight distance to the right however and, as a result, the parcel to the south has taken access from a point approximately 300 feet south on Palani. It is the applicant's intent to move the access point to the northerly boundary of the pazcel, thereby affording adequate sight distance left and right. It is not believed that additional traffic generated by the 5 residential lots, nor the non-peak traffic from the intended church use, will adversely impact existing traffic conditions. Utilities: Water, telephone, and electric power aze available on Palani Road. Sewage disposal will be as approved by the Department of Health. 7-3-06 ; 22 ~-3-06;21 ~estdent~a) Llse ~Zestdenttal Use temp, storage shed ' _ _ - _ _ _ _ - ~ In-~ VV~~/ - - ~ _ _ ` 0'76 ' ' _ _ _ - - - - - - _ _ - _ = _-..J - - - - - - - , - N SCALE: t" 80' Y''~ ~y- _ - ~ - - ~ Showing - ~xistinq Condttlons ~estdenttal Use 1'MK; ~ -x'06 ; 38 ti _ ~ / _-r ` _ - / -3+. ~~~-aC' - : ' - r - - - - _ , SCALE: , - 80' - ~ proposed 5u6div~slon TMK; ~-x-06;38 ENVIRONMENTAL REVIEW CHANGE OF ZONE REQUEST FOR T~YIK 7-;F-06:38 HONOKOHAU, NORTH KONA, HAWAII by Ron Terry. Ph.D. February 1997 Introduction This Environmental Review (ER) was developed as suppor[ing material for a change of zone request submitted to the Hawaii County Planning Department at the request of Dennis Haserot. The rezoning applies to a 5.055-acre pazcel currently zoned Unplanned. The property fronts Palani Road (State Highway 190), approximately 3 miles from the center of Kailua-Kona and 2,000 feet from Palani Junction. The property is bordered by residences, farms and a private school. The landowner is Dan Bolton. The request would reclassify the parcel from the Stale Land Use Agriculture District [o the Rural District, and would rezone the parcel to County zone RA 0.5 (Residential, minimum lot size 0.5 acres). After rezoning, current plans call for the creation of five 'fz acre parcels on the makai half of the puce(, with the remaining 2+ acres to be sold to a church. A Use Permit for the church is to be filed concurrently with the zone change application. Methodology Methodology included field survey and examination of published records related to the environmental conditions on the site. A field survey of the property was conducted on l4 January 1997. The primary objective was to determine whether any rue or endangered species, or habita[ for such species, were present on the pucels. A secondary objective was to characterize the flora and fauna by 1) compiling a plant species list that would include the most common alien species and all native species encountered; 2) chazacterizing the general vegetation types present; and 3) assessing the quality of habitat for native fauna. A final objective was to identify any other sensi[ive environmental conditions or potential impacu. The edges of the property were walked, with repeated forays towazds the center, and then the center of the property was walked, with forays towazd the sides. Dense vegetation prevented l00 percent visual survey, and therefore survey involved intensive examination of representative sample areas. Records, maps and publications examined included the zoning maps, parcel maps and records, Stale Land Use Disuict Maps, and Flood Insurance Rate Maps (FIRM) maintained at the Hawaii County Planning and Public Works Deputments. Published sources included the Atlas of Hawaii (2nd ed.), the Manual of Flowering Plants of Hawaii, the Rainfall Atlas of Hawaii, the United Stales Geological Survey (USGS) topographical map Kailua (1:24,000 scale), the U.S. Soil Conservation Service's Soil Survey of Island of Hawaii, the USGS publication Volcanic and Seismic Hacards on the Island of Hawaii, and the 1990 U.S. Census 2 of Population. The References section at the end of this report supplies full references for all published material. General Site Description Elevation is approximately 1,200 feet above mean sea leve?. Slopes on the property are moderate to steep, except for a bulldozed pad approximately l acre in size neaz the mauka boundary. Annual rainfall is approximately 60 inches. Soil is classified as Kaimu extremely stony peat, a common soil in lowland Kona, This thin, well-drained organic soil forms over `a'a lava on Mauna Loa. The soil is appropriate for pasture, macadamia nuts, papaya, and citrus fruits. Permeability is moderately rapid, runoff is slow, and erosion hazazd is slight. The parcel currently supports one residence and yard on approximately I/3 of an acre, accessed via an unpaved road which extends to the reaz of the pazcel. The entire property was bulldozed within the last ten yeazs and now has a dense covering of secondary weedy trees, herbs and vines. Flora, Fauna and Ecosystems: Existing Conditions Based on rainfall and geologic substrate, the azea probably supported a Lowland Mesic Forest (Gagne and Cuddihy 1990), with `ohi`a (Metrosideros no~,}~m~o pha) and lama (Diospxros sandwicensis) as co-dominants. The original vegetation of the property was probably long ago lost to disrurbance because of fazming and ranching activities.. [n any case, grubbing that occurred in 1989 left a dense covering of secondary weedy gees, herbs and vines. The vegetation of the pazcel is almost entirety alien, principally the weedy trees Ceaz~ rubber tree (Manihot glaziovii) and Melochia umbellata, guinea grass (Panicum maximum), the vine moonflower (Inomoea alba), and a number of noxious herbaceous plants including comb hypos (Hvotis pectata), buddleia (Buddleia asiatica), pepper grass (Lepidium bonariensis), spiny amaranth (Amaranthus sninosus) and castor bean (Ricinus communis). The only native plants found were popolo (Solanum americanum) and morning glory (jpomcea congesta), two presumed indigenous plants that are common throughout Hawaii. No native fauna were observed on the site. It is quite possible that certain native forest birds, seabirds or migratory birds could utilize or fly over the site, but it is unlikely that any with threatened or endangered status would find the site suitable habitat or be affected by activities that occur on the parcel. The two Hawaiian raptors, the Hawaiian hawk or `io (Buteo solitazius), and the Hawaiian owl or pueo (Asio flammeus sandwichensis), probably make some use of the area. Although the Hawaiian hawk is an endangered species, the subject property is not considered to be part of its essential habitat. No hawk nests were observed on the site, although the scale of the survey was not exhaustive and there may be nests on or very near the property. The only native Hawaiian land mammal, the Hawaiian hoary bat (Lasiurus cinereus em ,may also be present in the area, as it is common in many azeas on the island of Emironmenral Report, TMK 7-4-06:38 Page W Hawaii. Observation took place in daylight, and therefore the lack of bat observations may not signify an actual absence of bats. As with the hawk, however, the project area would not be expected to represent essential habitat for species. No systematic faunal survey was conducted, but several alien bird species were observed: Japanese white-eye (ZosteroRs japonica), cardinal (Cardinalis cardinali~), and yellow-billed cardinal (Paroazia capitata). An Indian mongoose (Herpestes auropunctatus) was seen. Feral cats (Fells catus), rats (Rattus spp.) And mice (Mus musculus domesticus) are also likely to inhabit or use the pazcels. Flora, Fauna and Ecosystems: Impacts and Mitigation Measures No raze, threatened or endangered species as listed by the U.S. Fish and Wildlife Service are present on the parcel, nor aze there unique or valuable wildlife habitats. In face, only two native plant species (the common indigenous plants popolo and morning glory) were observed. The history of continuous disturbance coupled with its lowland context indicates that the property has very little value in terms of conserving native species. No impact on native species or habitat is expected to result from the rezoning or subsequent activities on the site. Drainage: Existing Conditions No permanent or intermittent streams appear on maps of the pazcel, and no evidence of watercourses or gullies was present in the reconnaissance. The Flood Insurance Rate Maps for the area (no panel printed) classify the entire parcel and surrounding areas as Zone X, which are identified in the community flood insurance study as areas of moderate or minimal hazard from the principal source of flood in the azea. Drainage: Impacts and Mitigation Meosures The parcel does not appear prone to flooding or likely to produce large quantities of runoff onto adjacent areas in its current state. For any property undergoing intensification of use, flooding can also be generated onsite because of an increase in runoff potential from rain falling on more impermeable surfaces. Mitigation for such impacts is achieved by engineering and employing a system of gutters, storm drains, drywells and related structures to ensure that all runoff is contained onsite. This is a requirement of the County of Hawaii as part of the rezoning, subdivision and plan approval process, and it is expected that during the review process appropriate mitigation measures will be developed. Based on expected mitigation measures, no net impact to [he applicant's oc neighboring property or any areas downsaeam would result from the proposed project. Environmental Report. TMK 7-4-06:38 PORT j a ~ Latta Flow and Earthquake Hazards: Existing Conditions The entire Big Island is subject to geologic hazazds, especially lava flows and earthquakes. The United States Geological Survey (USGS) classifies this azea, which is on the slopes of [he dormant volcano Hualalai, as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. Less than 15 percent of the ground surface within Zone 4 has been covered by lava within the last 750 yeazs. The entire island of Hawaii is in Zone 3 on a scale of ascending risk 1 to 4 in the Seismic Probability Rating. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. Lava Flow and Earthquake Hazards: Impacts acrd Mitigation Measures No adverse impacts related to geological hazards is expected to result directly or indirectly from the proposed rezoning. Air Quality and Noise: Existing Conditions Air quality in the project azea is currently mostly affected by emissions from motor vehicles and natural sources. Volcanic emissions of sulfur dioxide convert into particulate sulfate which causes a volcanic haze (vog) to blanket the area, a consistent problem in Kona. Motor vehicles on Palani Road and nearby Mamalahoa Highway and adjacent roads and homes emit CO, nitrogen oxides and hydrocazbons (an ozone precursor), as well as smaller amounts of other pollutants. Noise is generated on-site by residential and agricultural activities and off-site by similar activities and Palani Road. Noise levels are low on the site, pazticulazly towards the back of the pazcel. Air Quality and Noise: Impacts and Mitigation Measures The proposed rezoning would result in slightly greater density of residential and other activities and would thus generate additiottal air pollution and noise. The increase in both would be negligible in the context of the existing environment, and merit no special mitigation measures. Scenic Resources: Existing Conditions Views from the parcel, which is located in a scenic azea just makai of the Kona Coffee Belt, include a sweeping panorama of the coastal area from high points where vegetation does not obstruct the horizon. Directly behind the property is a sleep slope, so that neighboring residences aze perched considerably above, and the vegeta[ion of the subject property is below their horizons. From Palani Road, the parcel appears to be a jungle of weedy trees. No views specifically cited in the Hawaii County General Plan Support Document are part of [he scenery or viewshed of the property. Eneironrnenta! Report, tMK 7~-06:38 Page 1 a Scenic Resources: Impacts and Mitigation Measures The proposed rezoning is unlikely to adversely affect scenic views. The new lots proposed aze within an area of existing homes and businesses. Socioeconomic: Existing Conditions The following table presenu recent and historic population data for Hawaii County and the North and South Kona Districu. Population Growth in Kona, 1970-1990 Disttict/Period 1970 1980 1990 % Growth North Kona 4832 13,898 22,284 361% South Kona 4004 5809 7658 91% Hawaii Counry 64,468 92,053 120,317 87% ources: ureau of the etuus: ' 1 etssus of opulanon. octal opula[ion haracteristics," 190 -I- l3; Hawaii County Data Hook. The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a lazge and growing share of the visitors to the island and consequently the de facto population. At any given time, up to one-fourth of those present in Kona aze visitors. The combination of expanding resident and visitor populations has increased ttaffic in all of West Hawaii. Major roadways in Kona have experienced an approximate tripling in average daily traffic between 1984 and 1996 (Source: State DOT Planning Branch traffic counu). The ethnic composition of the North and South Kona Districu at the time of the 1990 U.S. Census was as follows: Caucasian: 54.6 percent; Hawaiian: 18.6 percent; Japanese 13.6 percent; Filipino: 8.3 percent; Other: 5.3 percent. This distribution illustrates a multicultural community with no distinct minority groups ,although Caucasians are an expanding majority (Source: U.S. Census Data: Table 6, "1990 Census of Population. General Population Characteristics," 1990 CP-1-13) Socioeconomic: Impacts and Mitigation Measures The proposed improvemenu would lead to an addition of five new house sites and one church site. The magnitude of this addition is not substan[ial, cotuidering the current size and race of change of the population in North Kona. Emironmenta/ Report. TMK 7-4-06:38 F°Re 5 ,Neighborhood Character: Existing Conditions The properties surrounding the azea have a mixture of uses, with both Unplanned and Agricultural zoning. A number of residences, a Depattment of Water Supply facility, and a pre-school are present. Neighborhood Character: Impacts and Mitigation Measures Because adjacent areas have land uses and densities similar to those being proposed through this rezoning request, there would be little impact to the character of the neighborhood. Archaeology and Historic Sites: Existing Conditions, Impacts and Mitigation Measures No historic sites or archaeological features appeaz to be present within the parcel, which was grubbed (with a permit from the Hawaii County Department of Public Works) in 1989. A lava rock wall forms the northern boundary of the property. This wall was untouched during grubbing, and the owners have stated that they intend to preserve it in its entirety, as there are no activities planned on or near the northern edge of the property. Because no resources other than the boundary wall appear to present, no impact is expected to result from the rezoning. Public Facilities and Services: Existing Conditions Access to the site is provided by a driveway from Palani Road. All necessary utili[ies aze available onsite. Wastewater treatment in this area is through cesspools and septic tanks. Public Facilities and Services: Impacts and Mitigation Measures Traffic impacts will be gauged as part of the review process during rezoning, subdivision and plan approval, and the Hawaii County Department of Public Works is expected to determine if mitigation measures are necessary. Wastewater treatment will be through individual wastewater treatment systems designed, sited and installed in accordance with Hawaii State Depaztment of Health regulations (HAR §11-62). No impacts or burdens to utility services or other customers would be experienced as a result of the rezoning and subsequent uses. Conclusions No substantial adverse environmental effects to aze to be expected from the rezoning. Mitigation measures will be necessary to avoid drainage impacu. These will be developed as part of County-approved drainage plans, which should produce no net adverse impacts and potentially beneficial drainage impacts. Mitigation for traffic impacts, if any, will be developed during the rezoning, subdivision and plan approval review process. Emironn:enrat Reporr. TMK 7~-06:98 Page 6 I ` REFERENCES Furumoto, A.S., N.N. Nielsen, and W.R. Phillips. 1973. A Study of Past Earthquakes, Isoseismic Zones of lntensiry, and Recommended Zones for Structural Design for Hawaii. Honolulu: Hawaii Institute of Geophysics. Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45-114 in W,L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawaii. 2 vols. Honolulu: University of Hawaii Press. Giambelucca, T.W., Nullet, M.A., and T.A. Schroeder. 1986. Rainfall Atlas of Hawaii. Honolulu: Hawaii Department of Land and Natural Resources. Hawaii County Department of Public Works. 1970. Storm Drainage Standards. Hilo. Hawaii County Planning Department. 1989. General Plan, County of Hawaii. Hilo. Heliker, C. 1990. Volcanic and Seismic Hazards on the Island of Hawaii. Washington: U.S. GPO. U.S. Bureau of the Census. 1991. 1990 Census of Population, Genera[ Population Characteristics. L990 CP-1-13. Washington: GPO (portions electronically republished in Hawaii Data Disc. 1973. CD-ROM. Honolulu: Hawaii State Department of Business, Economic Development and Tourism. U.S. Soil Conservation Service. 1973. Soil Survey of Island of Hawaii, State of Hawaii. Washington: U.S.D.A. Emironmenutl Report, TMK 7~-06:38 Paye 7 s APPENDIX LIST OF CONitii ION SPECIES ON PARCEL 7-4-06-38 Nomencla[ure of flowering plants follows Wagner, Herbst and Sohmer (1990) for indigenous and naturalized species, and various other sources including Neal (1965) and St. John (1973) for others. Common names (when known) aze listed below each plant's scientific name. Status is listed as Native [N] (includes indigenous and endemic, [NE] (native endangered species), or Alien [A] (which includes Polynesian introduction before 1778). FLOWERING PLANTS - MONOCOTS Cyperaceae Pycreus polvstachvos [N] [sedge] Poaceae Brachiazia mutica [A] California grass DiEitazia prurieru [A] Kukaepua`a Eleusine indica [A] Goosegrass, wiregrass Melinis minutiflora [A] Molasses grass Panicum maximum [A] Guinea grass Pennisetum p~pureum (A] Elephant grass FLOWERING PLANTS - DICOTS Amaranthaceae Amazanthus ~pjnosus [A] Spiny amaranth AnacardGaceae Schinus terebinthifolius [A] Christmasberry Asteraceae Bidens pilosa [A] Spanish needle Pluchea odorata [A] Sourbush Sonchus riper [A] Prickly sow thistle s Balsaminaceae I~a[iens wallerana [A] Impatiens, Busy Lizzy Biguoniaceae Jacaranda mimosifolia [A] Jacaranda Brassicaceae Lepidium bonaziense [A] Peppergrass Buddleiaceae Buddleia asiatica [A] Dog tail Caricaceae Cazica oaoava (A] Papaya Convolvulaceae Convolvulus arvensis (A) Field bindweed [pomcea alba [A] Moonflower l~omoea indica [N] Koali, morning glory Crassulaceae Kalanchce pinnata [A] Air plant Euphorbiaceae Aleurites moluccana (A] Kulcui Manihot ylaziovii [A] Ceaz~ rubber tree Phi vllanthus debilis [A] Phyllanthus Ricinus communis [A] Castor bean s Fabaceae Chamaechrista nictitans [A] Partridge pea Desmodium so. Spanish clover Indigofera suffruticosa [A] Indigo Senna occidentalis (A] Coffee Senna Lamiaceae HyRtis pectinata [A] Comb hypos Lauraceae Persea americans [A] Avocado Malvaceae Abutilon grandifolium [A] Hairy abutilon Melastomaceae Arthrostema ciliatum [A] [no common name] Rubiaceae Coffea arabica [A] Coffee Solanaceae Solanum americanum [N?] Popolo Sterculiacese Melochia umbellata [A] Melochia Verbenaceae Verbena bonariensis [A] Vervain c ~TTACF~LENT agricultural Rezoning PL~V;iiNG DEP:IRT`IENT COWTY OF eL4t.'AII 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? ~ ~5 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? 5 b. Into what 1oc sizes? ~ ~ °-c' ~ ~ ~ Z} 0.C, c. If your request is approved, approximately how long after the dace of approval do you expect to submit your subdivision plans 1 ` co the Planning Department for preliminary approval? 7 d~' d. Do you intend to build houses on the newly created lots? y 2,5 If yes, please answer the following questions: On how many of those lots? 2 o r ~1oY`L I- At what approximate price range? House y~o L' ~,.LGT~ ~eC~~ Loc Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? ~ Z ~O If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. Lf you intend to do either a, b, c, please elaborate on the kind of plans the ocher party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think chat your request and your further plans for the land n o will alleviate the local housing situation? How? 4. Are [here any buildings on the subject area? ~ Or~ ~ ~~`1 If so, what kind? What do you intend to do with those buildings if your request is approved? 2e,,y~pd~ 5. Is the subject land currently being used for any agricultural activity? Yl~ If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Q.e,~C{,~r~4,~1.. ~ . If so, did your plan include the following considerations? a. Commodity to be produced? ~ ~ What kinds of co®odity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to alloy reasonable chance of success in commercial agriculture? -2- 4 d. .~griculcural Leases or ocher Eorms of assurance chat potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together ~ with your request for a change of zone. ~ If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your ocher reasons. 7. To your knowledge, has there been any flooding and/or drainage problem n c on the subject area? If so, please describe the problem. 8. Do you chink that the roads leading co the subject area needs ~,.~o improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? 9. 4ihac sort of governmenCal assistance and/or impzovements do you feel will be needed in the subject area when developed? Yes ;lo a. Schools ~ b. Roads ~ c. Sewer ~ d. Drainage ~ -3- a ~ Yes e. Police Protection ~ E. Fire Protection k, g. Recreational Facilities ~ h. Public Utilities v. i. Ocher ~ For chose checked "yes," please elaborate what type or kinds of improvements and/or assistancerare need~e+d. \ 2 . Or`~ {-r'Or+-~ T a-Lr Ctt~"(`1xJ~ l~ ~J~oZJ-~2. Signature: ~ Address: Q ~ o , A . ~Z~ ~ ~Gsrw.av¢~1~. - l,~a q,b`ItL3 Telephone: ~d1 • "~-~F'8 Date: G. -1 F--47 -4- ~ ` DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE April 24, 1997 M_~morandum To :Planning Director ~ , r / c cr C~/~ ~ FROM ~ M. Kuba, Chief = ~ Engineering Division _ ' - SuB~ECT: Change of Zone Application (REZ 97-6) State Land Use Boundary Amendment (SLU 97-1) Applicant: Malia Ohana Partnership Location: Honokohau, North Kona HI TMK: 7-4-06:38 We have reviewed the subject application and offer the following comments: Drainage 1. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties or onto Palani Road. 2. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. 3. All grading and grubbing activities shall comply with chapter 10 of the Hawaii County Code. ggadwavs 4. The entrance road sight distance must meet the requirements of the Statewide Design Manual. EXHI~I'I U3s3t~ ~ ~ Merry to Planning Director , April 24, 1997 Page 2 5. In the interests of pedestrian and bicyclist safety, the applicant should provide a paved shoulder along the property's Palani Road frontage. Pavement transitions, striping, drainage improvements, and relocation of utilities may be required. 6. A strip of land along the parcel's frontage equal to one half the difference between the existing right-of-way and the required 80' right-of-way should be dedicated to the County to allow for future widening of Palani Road as per the General Plan. 7. DOT comments concerning improvements within the proposed Kealakehe Parkway right-of-way should be obtained. TWP:sIs cc: Engineering -Hilo Engineering -Kona Planning -Kona ^ DENNIS W. HASEROT PROJECT CONSULTING June 16, 1997 - Galen M Kuba, Chief Engineering Division Deparmient ofPublic Works County of Hawaii 25 Aupuni Street Hilo, HI 96720 Subject: State Land Use Boundary Amendment Application (SLU-97-1) Change of Zone Application (RFZ 97-6) Appliea~ Mafia Ohara Partnership 2 . - Tax Map Key: 7-4-6-68 Dear Galen: With respect to your memo to the Planning Department on the subject applications dated Apri124,.1997, tlis appliceat~will comply with the recommendations therein. If you have any questions, please let me know. Sincxrely, . _ . Deanis W. HaSerof ~y~ ~ r C y~yeG. hY2T ,45, i~~jY r 7.+1r , . tV ~y.C Ii _ a •y fir., ~ ti ti~ ] -~y ~ I ~ xt A K JAY ' - .s:-<_ P.O. BOX 6251 • KAMUPi ~ NAWAII • %71J , , TE1hAX (~0l1 tt12116 A a~ •~r~~ JO: o u ~ : DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 11~~~M1 25 AUPUN STREET • MILD. MAW All 96720 - 9~ T E L E P H O N E 18081 9(t&!!XX)<2X F A x X8081 R766cxk9cRR 961.8660 961-8651 j r May 19. 1997 i _ r~ TO: Planning Department - FROM: Milton D. Pavao. Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 97-1) AND CHANGE OF ZONE APPLICATION (REZ 97-6) TAX MAP KEY: 7-4-06:038 Prior to issuing a water commitment to the proposed development, the following are requested from the applicant: 1. The anticipated maximum daily water usage as recommended by a registered engineer must be submitted. The Department reserves the right to make a final determination. For your information, water availability for the subject parcel is currently limited to six (6) additional units at 600 gallons per day (gpd) maximum per unit. 2. In accordance with the Department's "Water Commitment Guidelines Policy." a copy of which is attached, a water commitment deposit must be remitted. You will be informed of the deposit amount upon final determination of the submittal required in Item No. 1. Upon completion of the above requirements. an official water commitment will be effected in accordance with the attached policy. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. A review of the application indicates that should the State Land Use Boundary Amendment and Change of Zone applications be approved, the intent is to subdivide the parcel into five (5) residential lots and a lot for a possible church development. Should this be the case. the subdivision approval will be subject to the following conditions: E7(HIB1~ U475ti (/Vafer brings progr¢ss... a Planning Department Page 2 May 19. 1997 Construction of the necessary water system improvements, which shall include. but not be limited to: a. water mains capable of delivering water at adequate pressure and volumes under peak-flow and fire flow conditions (it is recommended that the fire department be consulted regarding fire-flow requirements for the anticipated future church site). b. service laterals that will accommodate a %-inch meter to each residential lot. c. an appropriate sized meter for the church site, and d. fire hydrants spaced not more than 600 feet apart. Construction plans and design calculations prepared by a professional engineer. registered in the State of Hawaii, shall be submitted for review and approval. Prior to water service being approved, the appropriate facilities charges and capital assessment fees must also be paid. The current facilities charge and capital assessment fee are 82.700.00 and 5500.00, respectively, per each additional water unit. For your information, the facilities charge rate will increase to 53,375.00 per additional water unit as of July 1, 1997. Should there be any questions, please call our Water Resources and Planning Branch 1-8660. f Mi ton 0 Pavao. P.E. Manage KKO:gms Att. copy - Malia Ohana Partnership 2 s ~irwy c°,.•,: ~ •!a Wayne G. Carvalhc ~ Police Chief Stephen K. Yamashiro Mayo. ~ ~ 1 James 5. Co •i :r• Dryuty Police Chef l/~~1~ 1„ e~•N,,I ~e1.IIliItf~T II~ ~2I~tTMTt POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii %7243998 180819353311 Fax 18081 %1.2202 ~ Fi ~~i ~l C~ April 29, 1997 `C>~ TO VI INI GOLDST PLANNING DIRECTOR ' FROM EWTON L ACTING ASSISTANT CHIEF, ' ACTING POLI CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 97-1) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 97-6) REQUEST: A-5A TO RA-5 APPLICANT: MALIA OHANA PARTNERSHIP 2 TAX MAP KEY: 7-4-6:38 We have reviewed the applications for a SLU Boundary Amendment and Change of Zone and offer the following comments. Prior to the approval of the application, acceleration and deceleration lanes should be considered where the roadway leading into the subdivision intersects with Palani Road. Palani Road is narrow in this area, and coupled with the heavy traffic, egress/ingress into the subdivision would be difficult without improvements. DAF:ir/lk L ~f~~:5 EXHIBIZ ~ . 40J~rIM ~~''~i Wayne G. Carvalho l j~ ~ 7N¢r Chsr .ephen K. Ya mas hiro ~~I'VO' James 5. Correa ai 1: Dryuty P°I¢r Cn~ri r•~e~•w+% ~C.I.IIlIT[f~T II~ ~2IftT2ITT ~ POLICE DEPARTMEN'T' 349 l:a piolani Slrcet Hilo, Hawaii %7243998 180819353311 Faa 18081 %1-2702 June 27, 1997 Mr. Dennis W. Haserot Project Consulting P. O. Boa 6251 Kamuela, HI 96793 Dear Mr. Haserot: SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 97-1) CHANGE OF ZONE APPLICATION (REZ 97-6) APPLICANT: MALIA OHANA PARTNERSHIP 2 TAX MAP KEY: 7-9-6:38 This acknowledges your June 16, 1997, letter commenting on your project's impact on Palani Road. We maintain our concern for the safe and functional egress and ingress to/from your property. We- will defer to any decision made by the Department(s) of Public Works and Planning in resolving these concerns. Sincerely, ~ ~ill~u3,11~0 WA E G. CARVALHO POLICE CHIEF . DAF:lk cc: Planning Director 1. ~ a. DENNIS W. HASEROT - YHOIECT CONSULTING June 16, 1997 Newton S. Lyman, Assistant Police Chief County of Hawaii Police Department 349 Kapiolani Street Hilo, HI 96720-3998 Subject: State Land Use Boundary Amendment Application (SLU-97-1) Change of Zone Application (RF9 97-6) Applicant: Malia Ohara Parnrership 2 Tax Map Key: 7-4-6-68 Dear Chief Lymaa: With regard to the above applications and your memo to the Planning Depamnent, we offer the following comments and suggestions. • The location of the proposed access to Palani Road provides sight distance which satis5es Federal and State requirements. • The applicant will dedicate land along their frontage to provide for eventual widening of Palani Road to 80 feet in width. • The applicant will consult with the Department of Public Works to design and constnut additional paved shoulders along the property frontage and pavement transitions within the existing rights of way north and south of the property. We believe these improvements will provide for a safe and functional egress/engress to the property. Sincerely, Dennis W. Haserot Y.O. BOX 6251 • KAMUF.L1. NAW ~ a671J TFJJFAX IAN' ~ KS-'_I~x ~d' `"'~+y Nelson M. Ts _ ~ Fvr o';'I 'e,:hen 1C. Yamashi=o MoYm . Edwazd Bum: i • - " ~IP+~~Y Firc Ch r.. (1~IIUnf~r u£~ z£uttii FIRE DEPARTMENT 777 Kilaun Avenue • Mall Lane, Rnoan 6 • Hilo, Hawaii 967204279 leosl 9e7-s297 • Fax (8081 %14296 : D April 25, 1997 ~ G~ ~ To: Virginia Goldstein, Planning Director 1 From: Nelson M. Tsuji, Fire Chief _ ~ SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 97-1) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 97-6) REQUEST A-5a TO RA-.5 APPLICANT: MALIA OHANA PARTNERSHIP 2 TAX MAP KEY: 7-4-6:38 The Fire Department's requirements as stated in the Fire Code are: "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). iA~O~ ~ % ~7 ~ - To: Virginia Goldstein, Planning Director Page 2 April 25, 1997 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate 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) "(q) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of Eire apparatus. s To: Virginia Goldstein, Planning Director Page 3 April 25, 1997 "(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$) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(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." "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. To: Virginia Goldstein, Planning Director Page 4 April 25, 1997 "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived." N~O Fi=e~Clrie NMT/mo t• 0• M, Stephen K. Yamashiro Mn7or y.,•. • • r p~I I r r• ''••o::: 471i.~1 Fib ~ ~ r„ ~~unfg of ~.ttfuttii c ~ - , . , r ~ , OFFICE OF IIOUSING AND D COMMUNITY DEVELOPMENT f, 50 Wailulcu Drive • Hilo. Hawaii %720.218! ' ~ V/IT (808) %1-x779 • FAX (808) %1.8685 ~ ~ r s n~ April 30, 1997 ~ i f MEMORANDUM - TO: Virginia Goldstein Planning Director FROM: Edwin S. Taira L-~ Assistant Housing Administrator SUBJECT: State Land IIae Boundary Amendment Application (SLU 97-1) Request: Agricultural to Rural Change of Zone Application (REZ 97-6) Request: A-Sa to RA-.5 Applicant: Malia Ohana Partnership 2 Tax Map Ray: 7-4-6:38 The Office of Housing and Community Development (OHCD) offers the following comments: Affordable housing conditions, pursuant to current Hawaii County Housing Agency policy, should be applicable to the request. Thank you for the opportunity to comment. Enclosure xc: Daniel B. Bolton, Applicant Dennis Haserot, Agent 0~~81 27794. Clw/ EXH1131~ EOUAI HOUSING OPPORTUNITY •~w couw owonnna7r [aw~ovcn• f HAWAII COUNTY HOUSING AGENCY Resolution No. 65 RESOLUTION TO APPROVE AN INTERIM AFFORDABLE HOUSING POLICY FOR THE COUNTY. 4~HEREAS, affordable housing has been and continues to be a problem ' plaguing our community; and _ WHEREAS, The General Plan goals to "Attain a diversity of socio-economic housing mix throughout the different parts of the County' and to "Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income" are becoming increasingly difficult to achieve; and WHEREAS, The General Plan further provides that "Large industries which create a demand for housing shall provide employee housing based upon a ratio to be determined by an analysis-of the locality's needs"; and WHEREAS, the County has been in~osing an inclusionary housing requirement through the rezoning process since 1974 based on the premise that every community has an obligation to provide housing opportuni ti es for lower income households in a racially and economically integrated environment; and ' WHEREAS, the County also imposed an employee housing requirement through the rezoning process since 1977 based on the premise that new developments should be held accountable for the impacts they will be generating in a community; and WHEREAS, the complex nature of these requirements, the wide _ variations among Q~velopment proposals and the numerous possibilities for inplementing the requirements have combined to raise issues of equity, fairness and consistency in the handling of rezoning applications; and WHEREAS, the County desires~to be fair and consistent with developers and at. the same time be consistent with the General Plan; and WHEREAS. the County is in the process of developing an impact fee ordinance and a comprehensive financing analysis and plan for the infrastructure requirements of the County which may dramatically alter the present method ofexacting improvements and resources through the development review process. ' NOW, THEREFORE, BE I7 RESOLYED BY THE HAWAII COUNTY HOUSING AGENCY that it adopts an interim housing policy which shall guide the establishment and implementation of employee/affordable housing conditions as part of the change of zone process until such time as it may be amended by the County Housing Agency as follows: _ " - t 1. Requests for residential rezonings will be assessed as follows: a. 5 units or less - no requirement b. 6-50 units - lOZ requirement c. 51-100 units - 20Z requirement d. 101-150 units - 30Z requirement e. 151-200 units - 40Z requirement f. 201-250 units - SOZ requirement g, more than 251 units - 60Z requirement 2. Requests for Resort rezonings will be assessed based on an analysis of jobs generated, the resultant number of households to be supported by those jobs and the percentage of those households which would require housing assistance based on income characteristics. At this time, the assessment amounts to 42 affordable units for every 100 resort units proposed (4221, 3. Requests for Industrial rezonings generating more than 100 employees will be assessed based on an analysis of jobs generated, the resultant number of households supported by thasg~ jobs and the percentage of those households which would require housing assistance based on income characteristics. 4. Satisfaction of these requirements will be accomplished through the use of the following options which are presented in a descending order of preference: a. Provision of Affordable Units On-Site. The recommended ~ stn ut~ on a ese un> > s at Z of the units be affordable to families earning less than 80Z of the median family income, 20Z of the units be affordable to families earning between 80Z and 1202 of the median family income and 30Z of the units be affordable to families earning between 1202 and 1402 of the median family income. b. Provision of Units Off-Site. Employee/affordable housing requirements may a sa ~s red with the provision of units on a separate parcel. Units provided to satisfy an inclusionary requirement must be situated within the same district as the market rate units. Units provided to satisfy an impact based requirement must be provided within a 30 mile radius of the job site. c. 3rovisidn o~ Developable Land. Contributions of eve opa a property may a accepted to sati~ssfy ,employee/affordable housing requirements. ~7he amount df land required will be determined by an assessment of the value (by appraisal) of that contribution measured against the projected in-lieu fee value that would othe n+ise have been required. d. Provision of Infrastructure/Services. Contributions of inrrastruc ure services may a accepted to satisfy employee/affordable housing requirements. The infrastructure/services provided must be linked to the provision of affordable housing units. The value of the contribution will be measured against the in-lieu fee amount that would otherwise have been required as the basis for allocating credit. e. Payment of In-Lieu Fees. The payment of in-lieu fees may e accepte Batts y employee/affordable housing requirements. These fees are calculated by determining the amount of subsidy required to provide housing units affordable to our target groups_ The fee, averaged for the various target groups to be served, amounts to E10,601 per affordable unit required in 1990 dollars. The fees will be updated on an annual basis. 5; Implementation of these requirements may be affected by a number_ of different factors. Consideration of the following factors may provide additional guidance for determining the appropriate option for satisfying the employee/affordable housing requirement: a. Bonus Credits. Bonus credits may be given to developers w o provt a more units in the lower price ranges than is required through the standard 10-20-30 distribution outlined in (4a) above. The credits will range from 3 bonus credits for every extra unit provided for families earning less than 80: of the median income down in regular intervals to 1.5 bonus credits for every extra unit provided for families earning less than 110e of the median family income. b. Implementation Timetable. The method of satisfying the emp oyee a or a e using requirement shall be approved .by the County Housing Agency prior to the issuance of Final Plan Approval/Final Subdivision Approval, whichever is applicable, for the project. Employee/affordable housing units shall be developed concurrently Kith the market project upon Khich the requirement was imposed. The provision of land, infrastructure, services or in-lieu fees must be made ~ ri or to the issuance of any building permit for the market project upon which the requirement was _ imposed. c. Incentives to expedite the production of affordable units. e ounty s pre-empttve out artty, as containe in 201E, may be utilized to expedite change of zone requests," subdivision and plan review as well as the consideration of reduced development standards. d. waiving of additional affordable housing requirements. a itiona arroraao a ousing requiremen s or o r-si e satisfaction of existing requirements will be waived, provided that the parcel is utilized exclusively for the provision of affordable units. Additional market rate units produced on the parcel will be assessed based on the provisions outlined in (1) above. BE IT FURTHER RESOLVED THAT the Hawaii County Housing Agency directs the Office of Housing and Community Development to implement the interim affordable housing policy as established above until such time that an Impact Fee Ordinance, a Comprehensive Infrastructure Financing Plan or any other pertinent document is adopted that requires its modification. This Resolution shall take effect immediately. Dated at Hilo, Hawaii this 2nd day of tray 1990 HANA I COUNTY H~IISING AGENCY S, • at rman . ce- ~rwoman /LuL!/f0~- e~eF . Mem er . m . / 4, w _ em er t (Do not concls) 1F6S emoer (Do not concur) 3'FE'ACEI~K~L ~ em er (DO not concur) STEPHEN K. YAMASHIRO, Member .I , ~ - DENNIS W. HASEROT - PROIECT CONSULTING • June 16, 1997 Virginia Goldstein, Director County of Hawaii Planning Departrnent 25 Aupuni Street - - Hilo, HI 96720 ' D _ G Dear Virginia: ~ Subject: State Land Use Boundary Amendment Application (SLU-97-1) Change of Zone Application (REZ 97-6) _ 3 Applicant: Mafia Ohana Partnership 2 _ s Tax Map Key: 7~-6-68 With respect to your letter dated May 14, 1997 and the comments from various agencies on the above applications, I have the following comments: I. Office of Housing and Community Developme~: The proposed subdivision into five 12 acre parcels does not appear to be affected by the OHCD memo. 2. Police Depar~nent: Please sce attached response to the Police Department memo. 3. Department of Health: Applicant will comply with DOH requirements. 4. Fire Departrner?t: Applicant will comply with DOH requirements. 5. Department of Public Works: Please see attached response to DPW. Should you have additional questions, please contact me. Sincerely, ~ m Dennis W. Haserot ~~3~4 P.O. BOX 6151 • KAMUELA. HAWAII • %743 7FJJfAX 18081885-2148 t .%ob.~. BEN~A MIN J. CAY ETANO • UWREN(:E MNNE DOVE"00. Z I ~ OIRECT00.0G NEAlT STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 918 HIlO. HAWAII 98]21-0918 ~ . ~ ~ 1 % ti DATE: April 25, 1997 TO: Planning Director, County of Hawaii FROM: District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 97-1) Request: Agricultural to Rural Change of Zone Application (REZ 97-6) Request: A-5a to RA-5 Applicant: Malia Ohana Partnership 2 Tax Mao Kev: 7-4-6:38 The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." Construction activities must comply with the provisions of Hawaii Administrative Rules, Chatter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. c. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the cor~,~.ssued with the permit. X3933. a Planning Director County of Hawaii April 25, 1997 Page 2 Should there be any questions on this matter, please contact the Department of Health at 322-7011. AARON UENO WP5I:REZ97-6.mi .1 e DENNIS W. HASEROT PROTECT CONSULTING June 16, 1997 Virginia Goldstein, Director County of Hawaii Planning Department - 25 Aupuni Street - Hilo, HI 96720 G Dear Virginia: ~ o _i ~ Sub ect Sffite Land Use BOUn J dary Amendment Application (SLU-97-1) , ~ Change of Zone Application (RFZ 97-6) ~ Applicant: Mafia Ohana Partnership 2 = s Tax Map Key: 7-4-6-68 With respect to your letter dated May 14, 1997 and the comments from various agencies on the above applications, I have the following comments: 1. Office of Housing and Community Developme~: The proposed subdivision into five 12 acre parcels does not appear to be affected by the OHCD memo. 2. Polix Department: Please see attached response to the Police Department memo. 3. Department of Health: Applicant will comply with DOH requirements. 4. Fire Department: Applicant will comply with DOH requirements. 5. Department of Public Works: Please sce attached response to DPW. Should you have additional questions, please contact me. Sincerely, Dennis W. Haserot 4F~4 P.O. BO%6231•KAMUELA. HAWAII•%7tl TEIJFA%IRf)tl)883-:IY ~ L~o ~ COUNTY OF HAWAII PLANNING DEPARTMENT W~-7~~,c~~~ APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENTr~~~~ (15 ACRES OR LESS) APPLICANT: MALIA OHANA~PARTNE HIP 2 i ~/I v APPLICANT'S SIGNATURE: ~ / nii ~ a.~ C9c~t~iF1L[,~lRYIYr>2_ MAILING ADDRESS: P.O. BOR 898 RAILUA-BONA, HI 96745 ~ TELEPHONE: (BUS)(808) 329-8240 (HOME) LANDOWNER: LIA OH A PARTNERSHIP 2 - LANDOWNER'S ~ ro SIGNATURE: ~/yp,r 71Z, f TAX MAP KEY: TMR 7-04-06:38 LAND AREA: 5.05 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Agriculture to Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. I 1 / . \ _ ~ ~ / i i J - , / ~ % ~ ~ ~ - I A~~ / 1 I~~~ ~-'w ~ ~ ~ ~ \ _Q ~ ~ , 2 ~ ~ ~ A ~ ~ N i 2 ~ ~ tai i Q ~ l ~ ~y,~~ ~ ~i _ ~ ~ P '1 i a ; , ~ ~ ~ ~ ~ ~ ~ J~ ~ ~ ~ \ N ~i ~ ~ % LOCA110N MA~i' 5hauv~nq , ~ I.ocat~on of ~ ~'MK; ~-~t-06;38 ~ ~ - - i _ , ~ - ~ ~ i i~ - ~ i i _ ~~~~aC`, ~ - ~ ~ ~ - nn _ V~~ !~C I _ _ ~ ~ _ _ _ -~,5 ao - - , a --,u its - - i \ _ /V~1 ! i t - _ _ _ c "11! 3 ~ ~ i ~ ~ _ y ~ - ' 1.~ - - - - ~ \ ~ ~9` SCALE: 1 " = 80' ~ 5howinq proposed Subd?vision 1'MK;1-~t-06;38 Malia Ohana Partnership 2 TMK: 7-04-06:38 APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT Existing State Land Use District Classification: Agricrrltvre Existing zoning: A-.ia. Parcel size: S.OS acres Applicant: Ma/ia Ohana Partnership 2 (Hm+~aii) P.O. Box 898, Kailrra- Kona, HI 96745 Send Correspondence to: Applicant's agent: Dennis W. Ha.serot P.O. Box 6251, Kamrrela, H/. 96743 Tel. (808) 88~-2148 Reasons for requesting; Amendment: Obiectives: The applicant wishes to change the existing A-Sa zoning to RA-.5. They intend to develop the parcel into five 1/2 acre ruraUresidential lots and one 2 acre lot for possible use as a church site. It is their intent to retain the residential parcels and construct homes for rental (investment) or sale. A Use Permit for the church use is being prepared and will be submitted shortly. Description of site: A metes and bounds description and survey map of the parcel is attached. The parcel is irregular in shape; 700 feet deep by 350 feet average width, with approximately I10 feet of frontage on Palani Road. The parcel was grubbed in 1989 and has several temporary storage structures. State/County plans: The General Plan designation shown on the LUPAG map for the subject is Urban Expansion which "allows for a mix of high density, medium density, and low density" uses. General Plan conformity: The proposed rezoning is in conformance with the Hawaii County General Plan as outlined in: SECTION 4 -GOALS, POLICIES AND STANDARDS M. LAND USE (5) SINGLE FAMILY RESIDENTIAL Through careful examination and analysis of the present situation, the following goals, policies, and standards are set forth to guide the orderly development of single family residential areas in the interest of the residents of the County of Hawaii. GOALS r To maximize choices of single family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single family residential zoned areas. • To provide singlefamily residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. POLICIES • Rural style residential agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for ruralstyle residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. STANDARDS • Areas shall have basic improvements and amenities necessary for immediate use. • Areas shall be limited to low density and medium density residential uses Land Use District Conformity (Rural) The proposed reclassification is in conformance HRS 205 as follows: §205-2 Districting and classification of lands. (a) (2)In the establishment of boundaries for rural districts, areas of land composed primarily of small farms mixed with very low density residential lots, which may be shown by a minimum density of not more than one house per one-half acre and a minimum lot size of not less than one-half acre shall be included, except as herein provided: (c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot, provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet. Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. I k §205-5 Zoning. (c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts: (1) Low density residential uses; (2) Agricultural uses; and (3) Public, quasi-public, and public utility facilities. In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2. i 7-3-06;22 7-3-06;21 _ ~es~dent~al Use ~'es~derrt~al Use ~ _ ~ y ~ - - T~mp,~~sage shed ~ - i _ z_ _ ~ - = . . = ~-3-06;35 - - - ' ~ - - °h~ '-----r~r , - _ ~ _ -----_,i~ ~ - ~ . - - _ _ ~j1---- _ ~''o ~,I ~ - - 11e _ _ ~ L _ _ ~ , p96 _ _ r _ _ _____r I _ ~ ___~A~~__ _ _ w ~ ~~C _ l (r - - ~ Sc Kl - - - ' - J ~ ~ SCALE: t " = 80' ~ ~ ~ ~ 1 \ _ ~ i ~ - 9J ~ ~ c~' Showing R~ ~xistinq Conditions ~es~dentla~ use ~"MK; ~ -06 ; 38 ~ ~d+2Ci nb sb~ COUNTY OF HAWMI l PLANNING DEPARTMENT l CHANGE OF ZONE APPLICATION ` (Type or legibly print the requested information) APPLICANT: MALTA OHAN ARTN QQSHIP 2 APPLICANT'S SIGNATURE: ~ f-~ DATE: ' y ~ ADDRESS: P.O. BOX 898 KAILUA-KONA HI 96745 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: r DANIEL B.BOLTON General Partner PHONE: (Bus.) 329-8240 (Res.) (Fax) 326-1247 LANDOWNER(S): MALTA OHANA PARTN SHH' x LANDOWNER SIGNATURE(S): r DATE: 6' y 7 (tdey be by letter) LANDOWNER(S) ADDRESS: Same as above REQUEST: A-Sa TO RA-.5 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-4-06:38 STREET ADDRESS OF PROPERTY: MAMALAHOA HWY SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.05 ACRES AGENT: DENNIS HASEROT ADDRESS: P.O. BOX 6251. KAMUELA. HI 96743 TELEPHONE:(Bus.) 885-2148 (Res.) 885-0874 (Fax) 885-2148 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: AGENT COPIES: APPLICANT (See Instmc[ions on Reverse Side) P Malia Ohana Partnership 2 TMK: 7-04-06:38 APPLICATION FOR CHANGE OF ZONE CONTENTS LOCATION MAP BACKGROUND • Existing Zoning • Parcel size • Objectives • Description of site • State/County plans • General Plan conformity • Surrounding zoning and land uses • Flood Insurance Rale Map • Archeological resources • Floral and faunal resources • Access • Utilities SITE PLAN PLOT PLAN COUNTY ENVIRONMENTAL REPORT • Introduction • Methodology • General Site Description • Floral,Farmal and Ecosystems: Impacts and Mitigation Measures • Drainage: Impacts and Mitigation Measures • Lana Flow and Earthquake Hazards: Existing Conditions • Lana Flow and Earthquake Hazards: Impacts and Mitigation Measures • Air Quality and Noise: Existing Conditions • Air Quality and Notse.• Impacts and Mitigation Measures • Scerrie Resorrrees: Existing Conditions • Scenic Resources: Impacts and Mitigation Measures • Socioeconomic: Existing Conditions • Socioeconomic: Impacts and Mitigation Measures • Neighbirhood Character: Existing Conditions • Neighbirhood Character: Impacts and Mttigatiar Measures • Archaeological and Historic Sites: Existing Conditions • Archaeological and Historic Sites: Impacts and Mitigation Measures • Public Facilities and Services: Existing Conditions • Puhlic Facilities and Sen~ices: Impacts and Mitigation Measures • Conclusions • Refernees • Appendix ~ ~ ~ .i - `CJ Y _r '~~'j ~ ~ N - _ ~ - ~ `,v, N _ PV ~ ? p - N - _ - s T - T ~ ~ a N - .yo- ~ ~ Q ~ ~~o _ - ~ ~ ~ K ~y~ v L ~ N N - _ ~ SCPLE: 1' = 2000' ~ I.OCA110N MAp Show~nq I.ocat~on of TMK; ~-~t-06:38 r' Malia Ohana Partnership 2 TMK: 7-04-06:38 APPLICATION FOR CHANGE OF ZONE BACKGROUND: Existing zoning: A-Sa. Parcel size: 5.05 acres Objectives: The applicant wishes to change the existing A-Sa zoning to RA-.5. They intend to develop the pazcel into five 1/2 acre ruraUresidential lots and one 2 acre lot for possible use as a church site. It is their intent to retain the residential parcels and construct homes for rental (investment) or sale. A Use Permit for the church use is being prepared and will be submitted shortly. Description of site• A metes and bounds description and survey map of the parcel is attached. The pazcel is irregular in shape; 700 feet deep by 350 feet average width, with approximately 110 feet of frontage on Palani Road. The parcel was grubbed in 1989 and has several temporary storage structures. State/County plans: The General Plan designation shown on the LUPAG map for the subject is Urban Expansion which "allows for a mix of high density, medium density, and low density" uses. General Plan conformity: The proposed rezoning is in conformance with the Hawaii County General Plan as outlined in: SECTION 4 -GOALS, POLICIES AND STANDARDS M. LAND USE (5) SINGLE FAMILY RESIDENTIAL Through careful examination and analysis of the present situation, the following goals, policies, and standards are set forth to guide the orderly development of single family residential areas in the interest of the residents of the County of Hawaii. GOALS • To maximize choices of single family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single family residential zoned areas. • To provide single family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. POLICIES • Rural style residential agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. STANDARDS • Areas shall have basic improvements and amenities necessary for immediate use. • Areas shall be limited to low density and medium density residential uses Surrounding zonin>; and land uses: Zoning designation to the north and west is A- laand to the south and east it is A-5a (formerly unplanned). Uses on the adjoining properties are residential on four sides and school on one side. Flood Insurance Rate Maw Designation: The property is designated "x" on the FIRM maps. v Archaeological resources: The property was completely grubbed in 1989 and no archeological sites are believed to exist. A rock wall lies just off the northerly boundary and is to stay in place. See attached County Environmental Report. Floral and faunal resources: No impact on native species or habitat is expected to result from the rezoning or subsequent activities on the site. See attached County Environmental Report. Access: Access to the property is from Palani road. A joint access point was established on the southerly boundary at the time the parcel was created. This access point does not have adequate sight distance to the right however and, as a result, the parcel to the south has taken access from a point approximately 300 feet south on Palani. It is the applicant's intent to move the access point to the northerly boundary of the pazcel, thereby affording adequate sight distance left and right. It is not believed that additional traffic generated by the 5 residential lots, nor the non-peak traffic from the intended church use, will adversely impact existing traffic conditions. Utilities: Water, telephone, and electric power are available on Palani Road. Sewage disposal will be as approved by the Department of Health. z 7-3-06;22 ~-3-06 ~ 21 12esldent~al LJse ~es~derrt~al Use . ~ ~ shed t z,, = _ - ~ -3-06;35 _ Res~drnt~al - - _ - ,r _ ~ 1, - _ _ - 096. ~ _ ~ ~ ~ . _ ~ - _ N _ - - ~ - r ~ _ r _ ~ SCALE: 1 " = 80' ~ 511 pI.AN , _ 5howinq ~,a _ , ~xistinq Condltlons ~es~dentl~ use 1"MK; ~-q~-06,38 i i - - i f i _ . - - ~,~,~ac~; _ ~ ; ~ - _ - ~ ~ ; ~ ~''~LvO~' - - - ~ - ; , ~ ~ 5 J _ ! ~ " - flr~ ~ r-, _ ,_,--L~I' ~~-n - ; , ~ q , 1; _ T ~a_ _ oti _ ~ - n ~ ae~ _ a ~ % _ - _ _ , ,a SCALE: ~ ~ = 80' i,';' A - _ _ _ p101" PLAN ~ 5how~nq proposed 5ubd~v~slon 1'MK; ~-~-06;38 ENVIRONMENTAL REVIEW CHANGE OF ZONE REQUEST FOR TMK 7-4-06:38 HONOKOHAU, NORTH KONA, HAWAII by Ron Terry, Ph.D. February 1997 /ntroduction This Environmental Review (ER) was developed as supporting material for a change of zone request submitted to the Hawaii County Planning Depaztment at the request of Dennis Haserot. The rezoning applies to a 5.055-acre parcel currently zoned Unplanned. The property fronts Palani Road (State Highway 190), approximately 3 miles from the center of Kailua-Kona and 2,000 feet from Palani Junction. The property is bordered by residences, fazms and a private school. The landowner is Dan Bolton. The request would reclassify the parcel from the State Land Use Agriculture District to the Rural District, and would rezone the parcel to County zone RA 0.5 (Residential, minimum lot size 0.5 acres). After rezoning, current plans call for the creation of five 'h acre pazcels on the makai half of the parcel, with the remaining 2+ acres to be sold to a church. A Use Permit for the church is to be filed concurrently with the zone change application. Methodology Methodology included field survey and examination of published records related to the environmental conditions on the site. A field survey of the property was conducted on 14 January 1997. The primary objective was to determine whether any rare or endangered species, or habitat for such species, were present on the parcels. A secondazy objective was to chazacterize the flora and fauna by 1) compiling a plant species list that would include the most common alien species and all native species encountered; 2) characterizing the general vegetation types present; and 3) assessing the quality of habitat for native fauna. A final objective was to identify any other sensitive environmental conditions or potential impacts. The edges of the property were walked, with repeated forays towards the center, and then the center of the property was walked, with forays towazd the sides. Dense vegetation prevented 100 percent visual survey, and therefore survey involved intensive examination of representative sample areas. Records, maps and publications examined included the zoning maps, pazcel maps and records, State Land Use District Maps, and Flood Insurance Rate Maps (FIRM) maintained at the Hawaii County Planning and Public Works Depaztments. Published sources included the Atlas of Hawaii (2nd ed.), the Manua[ of Flowering Plants of Hawaii, the Rainfall Atlas of Hawaii, the United States Geological Survey (USGS) topographical map Kailua (1:24,000 scale), the U.S. Soil Conservation Service's Soil Survey of Island of Hawaii, the USGS publication Volcanic and Seismic Hazards on the Island of Hawaii, and the 1990 U.S. Census 6 of Population. The References section at the end of this report supplies full references for all published material. General Site Description Elevation is approximately 1,200 feet above mean sea level. Slopes on the property are moderate to steep, except for a bulldozed pad approximately 1 acre in size near the mauka boundary. Annual rainfall is approximately 60 inches. Soil is classified as Kaimu extremely stony peat, a common soil in lowland Kona. This thin, well-drained organic soil forms over `a`a lava on Mauna Loa. The soil is appropriate for pasture, macadamia nuts, papaya, and citrus fruits. Permeability is moderately rapid, runoff is slow, and erosion hazard is slight. The parcel currently supports one residence and yazd on approximately 1/3 of an acre, accessed via an unpaved road which extends to the rear of the parcel. The entire property was bulldozed within the last ten years and now has a dense covering of secondary weedy trees, herbs and vines. Flora, Fauna and Ecosystems: Existing Conditions Based on rainfall and geologic substrate, the area probably supported a Lowland Mesic Forest (Gagne and Cuddihy 1990), with `ohi`a (Metrosideros polymor~ha) and lama (Diospyros sandwicensis) as co-dominants. The original vegetation of the property was probably long ago lost to disturbance because of farming and ranching activities.. In any case, grubbing that occurred in 1989 left a dense covering of secondazy weedy trees, herbs and vines. The vegetation of the parcel is almost entirely alien, principally the weedy trees Ceara rubber tree (Manihot glaziovii) and Melochia umbellata, guinea grass (Panicum maximum), the vine moonflower (IDOmoea alba), and a number of noxious herbaceous plants including comb hypos (Hvntis pectata), buddleia (Buddleia asiatica), pepper grass (Lepidium bonariensisl, spiny amaranth (Amazanthus~pinosus) and castor bean (Ricinus communis). The only native plants found were popolo (Solanum americanum) and morning glory (Ipomcea congesta), two presumed indigenous plants that are common throughout Hawaii. No native fauna were observed on the site. It is quite possible that certain native forest birds, seabirds or migratory birds could utilize or fly over the site, but it is unlikely that any with threatened or endangered status would find the site suitable habitat or be affected by activities that occur on the parcel. The two Hawaiian raptors, the Hawaiian hawk or `io (Buteo solitazius), and the Hawaiian owl or pueo (Asio flammeus sandwichensis), probably make some use of the area. Although the Hawaiian hawk is an endangered species, the subject property is not considered to be part of its essential habitat. No hawk nests were observed on the site, although the scale of the survey was not exhaustive and there may be nests on or very near the property. The only native Hawaiian land mammal, the Hawaiian hoary bat (Lasiurus cinereus semotus), may also be present in the azea, as it is common in many areas on the island of Environmental Report, TMK 7-4-06:38 page Z 8 Hawaii. Observation took place in daylight, and therefore the lack of bat observations may not signify an actual absence of bats. As with the hawk, however, the project azea would not be expected to represent essential habitat for species. No systematic faunal survey was conducted, but several alien bird species were observed: Japanese white-eye (Zosterops japonical, cardinal (Cazdinalis cazdinalis), and yellow-billed cardinal (Paroaria capitata). An Indian mongoose (Herpestes auropunctatus) was seen. Feral cats (Fells catus), rats R ttus spp.) And mice (Mus musculus domesticus) are also likely to inhabit or use the pazcels. Flora, Fauna and Ecosystems: Impacts and Mitigation Measures No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service are present on the pazcel, nor aze there unique or valuable wildlife habitats. In fact, only two native plant species (the common indigenous plants popolo and morning glory) were observed. The history of continuous disturbance coupled with its lowland context indicates that the property has very little value in terms of conserving native species. No impact on native species or habitat is expected to result from the rezoning or subsequent activities on the site. Drainage: Existing Conditions No permanent or intermittent streams appeaz on maps of the pazcel, and no evidence of watercourses or gullies was present in the reconnaissance. The Flood Insurance Rate Maps for the area (no panel printed) classify the entire pazcel and surrounding areas as Zone X, which aze identified in the community flood insurance study as areas of moderate or minimal hazard from the principal source of flood in the area. Drainage: Impacts and Mitigation Measures The parcel does not appeaz prone to flooding or likely to produce lazge quantities of runoff onto adjacent areas in its current state. For any property undergoing intensification of use, flooding can also be generated onsite because of an increase in runoff potential from rain falling on more impermeable surfaces. Mitigation for such impacts is achieved by engineering and employing a system of gutters, storm drains, drywells and related structures to ensure that all runoff is contained onsite. This is a requirement of the County of Hawaii as pazt of the rezoning, subdivision and plan approval process, and it is expected that during the review process appropriate mitigation measures will be developed. Based on expected mitigation measures, no net impact to the applicant's or neighboring property or any areas downstream would result from the proposed project. Environmental Report, TMK 7-4-06:38 Page 3 d Lava Flow and Earthquake Hazards: Existing Conditions The entire Big Island is subject to geologic hazazds, especially lava flows and earthquakes. The United States Geological Survey (USGS) classifies this azea, which is on the slopes of the dormant volcano Hualalai, as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. Less than IS percent of the ground surface within Zone 4 has been covered by lava within the last 750 years. The entire island of Hawaii is in Zone 3 on a scale of ascending risk 1 to 4 in the Seismic Probability Rating. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. Lava Flow and Earthquake Hazards: Impacts and Mitigation Measures No adverse impacts related to geological hazazds is expected to result directly or indirectly from the proposed rezoning. Air Quality atul Noise: Existing Conditions Air quality in the project azea is currently mostly affected by emissions from motor vehicles and natural sources. Volcanic emissions of sulfur dioxide convert into pazticulate sulfate which causes a volcanic haze (vog) to blanket the area, a consistent problem in Kona. Motor vehicles on Palani Road and nearby Mamalahoa Highway and adjacent roads and homes emit CO, nitrogen oxides and hydrocarbons (an ozone precursor), as well as smaller amounts of other pollutants. Noise is generated on-site by residential and agricultural activities and off-site by similar activities and Palani Road. Noise levels are low on the site, particularly towards the back of the pazcel. Air Quality and Noise: Impacts and Mitigation Measures The proposed rezoning would result in slightly greater density of residential and other activities and would thus generate additional air pollution and noise. The increase in both would be negligible in the context of the existing environment, and merit no special mitigation measures. Scenic Resources: Existing Conditions Views from the parcel, which is located in a scenic azea just makai of the Kona Coffee Belt, include a sweeping panorama of the coastal azea from high points where vegetation does not obstruct the horizon. Directly behind the property is a steep slope, so that neighboring residences are perched considerably above, and the vegetation of the subject property is below their horizons. From Palani Road, the pazcel appears to be a jungle of weedy trees. No views specifically cited in the Hawaii County General Plan Support Document aze part of the scenery or viewshed of the property. Environmental Report, TMK 7-4-06:38 Page 4 1 Scenic Resources: Impacts and Mitigation Measures The proposed rezoning is unlikely to adversely affect scenic views. The new lots proposed are within an area of existing homes and businesses. Socioeconomic: Existing Conditions The following table presents recent and historic population data for Hawaii County and the North and South Kona Districts. Population Growth in Kona, 1970-1990 District/Period 1970 1980 1990 % Growth North Kona 4832 13,898 22,284 361 South Kona 4004 5809 7658 91 Hawaii County 64,468 92,053 120,317 87% Sources: U.S. Bureau of the Census: "1990 Census of Population. Genera] Population Characteristics," 1990 CP-1- 13; Hawaii County Data Book. The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing shaze of the visitors to the island and consequently the de facto population. At any given time, up to one-fourth of those present in Kona aze visitors. The combination of expanding resident and visitor populations has increased traffic in all of West Hawaii. Major roadways in Kona have experienced an approximate tripling in average daily traffic between 1984 and 1996 (Source: State DOT Planning Branch traffic counts). The ethnic composition of the North and South Kona Districts at the time of the 1990 U.S. Census was as follows: Caucasian: 54.6 percent; Hawaiian: 18.6 percent; Japanese 13.6 percent; Filipino: 8.3 percent; Other: 5.3 percent. This distribution illustrates a multicultural community with no distinct minority groups ,although Caucasians are an expanding majority (Source: U.S. Census Data: Table 6, "1990 Census of Population. General Population Characteristics," 1990 CP-1-13) Socioeconomic.• Impacts and Mitigation Measures The proposed improvements would lead to an addition of five new house sites and one church site. The magnitude of this addition is not substantial, considering the current size and rate of change of the population in North Kona. Environmental Report, TMK 7-4-06:38 Page S Neighborhood Character.• Existing Conditions The properties surrounding the area have a mixture of uses, with both Unplanned and Agricultural zoning. A number of residences, a Department of Water Supply facility, and a pre-school aze present. Neighborhood Character.• Impacts and Mitigation Measures Because adjacent areas have (and uses and densities similar to those being proposed through this rezoning request, there would be little impact to the character of the neighborhood. Archaeology and Historic Sites: Existing Conditions, /mpacts and Mitigation Measures No historic sites or archaeological features appear to be present within the parcel, which was grubbed (with a permit from the Hawaii County Department of Public Works) in 1989. A lava rock wall forms the northern boundazy of the property. This wall was untouched during grubbing, and the owners have stated that they intend to preserve it in its entirety, as there are no activities planned on or near the northern edge of the property. Because no resources other than the boundary wall appeaz to present, no impact is expected to result from the rezoning. Public Facilities and Services: Existing Conditions Access to the site is provided by a driveway from Palani Road. All necessary utilities are available onsite. Wastewater treatment in this area is through cesspools and septic tanks. Public Facilities and Services: Impacts and Mitigation Measures Traffic impacts will be gauged as part of the review process during rezoning, subdivision and plan approval, and the Hawaii County Department of Public Works is expected to determine if mitigation measures are necessazy. Wastewater treatment will be through individual wastewater treatment systems designed, sited and installed in accordance with Hawaii State Depaztment of Health regulations (HAR §11-62). No impacts or burdens to utility services or other customers would be experienced as a result of the rezoning and subsequent uses. Conclusions No substantial adverse environmental effects to are to be expected from the rezoning. Mitigation measures will be necessary to avoid drainage impacts. These will be developed as part of County-approved drainage plans, which should produce no net adverse impacts and potentially beneficial drainage impacts. Mitigation for traffic impacts, if any, will be developed during the rezoning, subdivision and plan approval review process. Environmental Report, TMK 7-4-06:38 Page 6 REFERENCES Furumoto, A.S., N.N. Nielsen, and W.R. Phillips. 1973. A Study of Past Earthquakes, Isoseismic Zones of Intensity, and Recommended Zones for Structural Design for Hawaii. Honolulu: Hawaii Institute of Geophysics. Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45-114 in W.L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawaii. 2 vols. Honolulu: University of Hawaii Press. Giambelucca, T.W., Nullet, M.A., and T.A. Schroeder. 1986. Rainfall Atlas of Hawaii. Honolulu: Hawaii Department of Land and Natural Resources. Hawaii County Department of Public Works. 1970. Storm Drainage Standards. Hilo. Hawaii County Planning Department. 1989. General Plan, County of Hawaii. Hilo. Heliker, C. 1990. Volcanic and Seismic Hazards on the Island of Hawaii. Washington: U.S. GPO. U.S. Bureau of the Census. 1991. 1990 Census of Population, General Population Characteristics. 1990 CP-1-13. Washington: GPO (portions electronically republished in Hawaii Data Disc. 1973. CD-ROM. Honolulu: Hawaii State Department of Business, Economic Development and Tourism. U.S. Soil Conservation Service. 1973. Soil Survey of Island of Hawaii, State of Hawaii. Washington: U.S.D.A. Environmental Report, TMK 7-4-06:38 page 7 a APPENDIX LIST OF COMMON SPECIES ON PARCEL 7-4-06-38 Nomenclature of flowering plants follows Wagner, Herbst and Sohmer (1990) for indigenous and naturalized species, and various other sources including Neal (1965) and St. John (1973) for others. Common names (when known) are listed below each plant's scientific name. Status is listed as Native [N] (includes indigenous and endemic, [NE] (native endangered species), or Alien [A] (which includes Polynesian introduction before 1778). FLOWERING PLANTS - MONOCOTS Cyperaceae Pycreus polystachyos [N] [sedge] Poaceae Brachiaria mutica [A] California grass Digitaria pruriens [A] Kukaepua`a Eleusine indica [A] Goosegrass, wiregrass Melinis minutiflora [A] Molasses grass Panicum maximum [A] Guinea grass Pennisetum purpureum [A] Elephant grass FLOWERING PLANTS - DICOTS Amaraathaceae Amaranthus s inosus [A] Spiny amaranth Anacardiacese Schinus terebinthifolius [A] Christmasberry Asteraceae Bidens pilosa [A] Spanish needle Pluchea odorata [A] Sourbush Sonchus asoer [A] Prickly sow thistle Balsamittaceae I~atiens wallerana [A] Impatiens, Busy Lizzy Bignoniaceae Jacaranda mimosifolia [A] Jacaranda Brassicaceae Leoidium bonariense [A] Peppergrass Buddleiaceae Buddleia asiatica [A] Dog tail Caricaceae Carica oaoava [A] Papaya Convolvulaceae Convolvulus arvensis [A] Field bindweed Ipomcea alba [A] Moonflower [pomoea indica [N] Koali, morning glory Crassulaceae Kalanchce pinnata [A] Air plant Euphorbiaceae Aleurites moluccana [A] Kukui Manihot gl zza iovii [A] Ceara rubber tree P~Ilanthus debilis [A] Phyllanthus Ricinus communis [A] Castor bean Fabaceae Chamaechrista nictitans [A] Paztridge pea Desmodium so. Spanish clover [ndigofera suffruticosa [A] Indigo Senna occidentalis [A] Coffee senna Lamiaceae Hypos pectinata [A] Comb hyptis Lauraceae Persea americana [A] Avocado Malvaceae Abutilon grandifolium [A] Hairy abutilon Melastomaceae Arthrostema ciliatum [A] [no common name] Rubiaceae Coffea azabica [A] Coffee Solanaceae Solanum americanum [N?] Popolo Sterculiaceae Melochia umbellata [A] Melochia Verbenaceae Verbena bonaziensis [A] Vervain ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? ~ °c--y If Les, 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? 5 b. Into what lot sizes? ~ ~~b @ ~'y °~'"c' ~ ~ ~ Z{' a'L c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans ~ I S to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? y Q5 If please answer the following questions: On how many of those lots? 2 o r m oLY'C II~ ~11 At what approximate price range? House ylD \ l„ ~C.L CI,e.C.~~, Lot Total Approximately how long, after approval of the subdivision, 1 Z would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plane of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land ~ o will alleviate the local housing situation'? How? 4. Are there any buildings on the subject area? +Px~70r~C~ O`r+`~ If so, what kind? What do you intend to do with those buildings if your request is approved? 2ernod2. 5. Is the subject land currently being used for any agricultural activity? h ~ If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow~f``o~r the creation of smaller agricultural lots? 2.g.~C~~QYT~.-t,~.. ~ . If so, did your plan include the following considerations? a. Commodity to be produced? ~ ~ What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? l Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together ~ ~ with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem ~ o on the subject area? If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs n o improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? ~ 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes yo a. Schools ~ b. Roads w c. Sewer d. Drainage ~ -3- Yes Vo e. Police Protection ~ f. Fire Protection k. g. Recreational Facilities ~ h. Public Utilities ~ i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are need(e+d. e.. Or.~.,` ~rprv. Td-L~ `~-t~~ C~rrzx~ (~~a-~2 . ~ ~ . " Signature: w Address: P •o , Da . (oZ~ ~ ~G,4w~.y¢J~ - 1,~•i 9.b'74~3 Telephone: ~ • 21~'~ Date: 4 'I x-4-1 -4-