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HomeMy WebLinkAboutCOM 0043.000 1998-2000 +r.4!. c~ William G. Davis Stephen K. Yamashiro _ Managing D;rector Mayor Henry Cho ~R,~,„'~~ Deputy Managing Director ~tLIIIIIt~'~ II~ ~tl~tttCtl 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 Faz (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 December 14, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 166 (REZ 252) Applicant: Jack Ramos Ranch, Inc. Request: Amendment to District Classification and Conditions of Ordinance No. 166 Tax Map Key: 3-5-3:27 and 3-5-4:8 State Land Use Boundary Amendment Application (SLU 98-7) Request: Agricultural to Rural Change of Zone Application (REZ 98-24) Request: A-5a to RA-2a Applicant: Michael K. and Thuy N. Fujimoto • Tax Map Key: 6-2-11:6 Change of Zone Ordinance No. 93-76 (REZ 663) Applicant: Pualani Estates, Inc. Request: Extension of Time to Condition C (Secure Final Subdivision Approval) Tax Map Key: 7-5-17:28 and 29 Change of Zone Application (REZ 97-9) Applicant: McClean Honokohau Properties, L.P. Request: A-Sa to RS-7.5 to Develop an Active Retirement Community Tax Map Key: 7-4-8:Portion of 26 lleoa. Na. 1R1e No. _ Z lief. To:__~ R,et. I>:ate_~~ 1 6 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 December 14, 1998 Zoning Code Amendment -Chapter 25 Initiator: Planning Director Minimum Yards in the Agricultural and Intensive Agricultural Districts As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, r ephen K. ashiro Mayor L12039801.MAY Enclosures cc: Planning Department ~,ll /i7 Mivw• Stephrn K. Yatneshiro ~ Mayor • ~ ~h•O!•M~M! K1.II1xIi~~1 II~ ~C~tt2ltt PLANNING COMMISSION 2S Aupuni Stmt, lYoom 109 • Hib, fixrxii %7204252 (808) %1.8288 Fxx (808) %I-%15 ,DEC 1 4 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 166 (REZ 252) Applicant: Jack Ramos Ranch, Inc. Request: Amendment to District Classification and Conditions of Ordinance No. 166 Tax Map Kev: 3-5-3:27 and 3-5-4:8 The Planning Commission, after a duly held public hearing on November 20, 1998, voted to recommend for your approval the proposed legislative bill to amend the district classification and conditions of Ordinance No. 166, which changed the district classification from Agricultural (A-20a) to Single Family Residential (RS-10) for approximately 132.725 acres of land. The amendments are to change the district classification from Single Family Residential (RS-10) to Agricultural (A-10a) and Agricultural (A-20a) for approximately 100.994 acres of land at Papaaloa, North Hilo, Hawaii and applicable conditions. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The purpose of this request is to change the district classification from RS-10 to A-l0a and A-20a and amend Conditions A, B, D and G in the ordinance relating to incremental zoning, final subdivision approval, intersection and roadway improvements and park area requirements. New conditions J, K and L, which are standard conditions relating to compliance with affected agencies and extension of time, have been added. The applicant had originally requested that approximately 71.886 acres of his property be downzoned to A-10a. However, due to comments from the community and concerns related to improvements, the applicant is requesting an additional Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 approximately 28.021 acres be downzoned to A-10a. In addition, another 1.087 acres are proposed to be downzoned to A-20 to be consistent with the adjacent A-20 zoning. The subject property is located mauka of the Hawaii Belt Highway between Kaiwilahilahi and Kihalani Gulches, adjacent to the Hilo side of Laupahoehoe High and Elementary School. Access to the property is from Papaaloa Avenue. Per site inspection of the property, Papaaloa Avenue has an approximate 31-foot pavement with grassed shoulders. Papaaloa Avenue continues as an easement to properties mauka of the subject parcels. Property owners who reside mauka of the subject properties have been using this easement as access to their properties. With the exception of Increment lA (Papaaloa Subdivision) and 1B, the parcel is presently undeveloped except for fencing used to contain the cattle grazing the site. In 1975, the property was the subject of a State Land Use Boundary Amendment from Agricultural to Urban District and a Change of Zone from Agricultural (A-20a) to Single Family Residential (RS-10) for the proposed residential development by Laupahoehoe Sugar Company. Increment 1 of this development was completed in the late 1970's and sold in fee to individuals or residential uses. Since that time, no additional development has taken place. The applicant purchased the subject property in 1997 at auction. Upon examination, it was discovered that after the completion of Increment 1, Laupahoehoe Sugar Company had not complied with all of the conditions in the ordinance. The ordinance is a "conditional zoning" whereby the zoning for subsequent phases of a project are contingent upon the completion of conditions for the previous phase(s). The applicant states that after several meetings with department staff, the Planning Director and Chair of the Planning Committee, it was determined that an amendment to the present zoning ordinance would be the appropriate method to clarify the zoning conditions and methods of complying with the conditions. Since conditional zonings have not been required in recent years, the applicant is requesting that Condition A relating to incremental zoning be deleted and replaced with the standard condition to comply with all conditions of approval. Given that the economic and social conditions for the area have changed with the demise of commercial sugar operations, [he need for small residential lots in this area has decreased while the need for small individually owned agricultural lots has increased. The applicant believes the approximately nine newly created 10-acre parcels will help address the need for individually owned agricultural lots in Hamakua. The County Council has applied "fair share" impact fees to change of zone ordinances in recent applications, and it is believed that this method of addressing impacts is preferable to the present language in the ordinance. Honorable James Y. Arakaki, Chairman and Members of [he County Council Page 3 According to the applicant, traffic generated by the proposed project (99.907 acres of A-l0a) is less than the impact the present zoning (approximately 133 acres of RS-10) would allow. Although the applicant proposes to address the impacts with the payment of "fair share" fees at the time the residential lots are developed, the State Department of Transportation recommends that Condition D calling for intersection improvements be retained. The applicant is also requesting that Condition G (pazk area improvements) be omitted and replaced with the standard "fair share" contribution condition. To this end, the Department of Pazks and Recreation prefers a monetary exaction in lieu of the development of a park site. Papaaloa Gym/Playground, a 4.96 acre pazk site and the nearest pazk to the subject property, is located approximately 850 feet southeast and makai of the Hawaii Belt Highway. According to the Department of Water Supply, water can be made available from existing six and eight inch waterlines within Papaaloa Avenue and the easement to their reservoir. The Department of Water Supply has requested that the applicant determine the number ofpre-existing lots of record to determine the number of units available to the subject property. The applicant proposes to address the issue of water commitment fees once the determination of the number of lots is made. Based on the above findings, the proposed amendments are not contrazy to the original reasons for approving the Change of Zone. For your favorable consideration, an amendment to Change of Zone Ordinance No. 166 and Section 25-8-19 (North Hilo District Zone Map) is transmitted. We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, ~1~ Q~ Kevin M. Balog, Chairman Planning Commission LRamos02.PC Enclosures cc: Mr. Gregory R. Mooers Department of Public Works Department of Water Supply West Hawaii Office Kazu Hayashida, Director/DOT-Highways, Honolulu COiJNTY OF HAWAII COUNCIL COPY • PLANNING DEPARTMEN . no NoT REMOVE CHANGE OF ZONE APPLICA' (Type or legibly print the requested infotirlatton) APPLICANT: Jack Ramo Ranch, I'e. APPLICANT'S SIGNATURE: DATE: ~/ygR ADDRESS: F•0. Box )26 Honokaa, Hawaii 96727 LIST APPLICANT'S INTLRI;ST IF NOT OWNER: LIST PRIi1CIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 775-0670 (Fax) LANDOWNER(S): same as Appl cant LANDOWNER SIGNATURE(S): DATE: ~ ~Ig May by le t r1 LANDOWNER(S) ADDRESS: o . ~'67z7 REQUEST; Amend Ord. No. 166: cond. A, D, GI'O (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3-5-03:27 and 3-5-04:08 STREET ADDRESS OF PROPERTY: Papaaloa, North Hilo, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 133 acres AGENT: GraCOrv R, M~narc_ 1~lOf~PrF Fn.rarnri~e= ADDRESS: P.o. sox llol Kamuela, Hawaii 96743 , TELEPHONE:(Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: M°°ers COPIES: Ramos (See Instructions on Reverse Side) ATTAQI. C-43 (B-10) AMENDMENT TO ORDINANCE NO. 166 Changing the zone from Agricultural (A-20a) to Residential (RS-10) TAX MAP KEY: 3-5-03:27 (por.) and 72 and 3-5-04:7(por.) and 8 Papaaloa, North Hilo, Hawaii REQUESTED AMENDMENTS TO Conditions A, D and G A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property was the subject of a State Land Use Boundary Amendment and Change of Zone in 1975 from the Agricultural District to the Urban District and from the Agricultural (A- 20a) zone to the Residential (RS-10) zone. Phase I ofthis development was completed in the late 1970's and sold in fee to individuals for residential uses. Since that time no additional development has taken place on the property. The applicant is requesting amendments to the ordinance conditions A, D and G, for the reasons listed below. The applicant is requesting that Phase 2 (28 acres) of the development be recognized as having RS-10 zoning and that the balance of the property be down-zoned to Agricultural 10-acre (A-l0a). The applicant further requests that conditions D and G be omitted and replaced with the standard "fair share" contribution condition. b. Statement of objectives and reasons for the request: The applicant purchased the subject property in 1997 at auction. Upon examining Ordinance No. 166 it became clear the previous owner, Laupahoehoe Sugar Co., after the completion of Phase I, had not complied with all of the conditions set forth in the ordinance. The ordinance is a "conditional zoning" ordinance whereby the zoning for subsequent phases of a project are contingent upon the completion of conditions for the previous phase(s). The County has not been creating these "conditional zoning ordinances" in recent years to avoid the confusion that exists in such cases. After several meetings with the Plamung Department staff, the Planning Director and the chair of the Council's Planning Committee to try to determine the status of the present zoning, it was determined that an amendment to the present zoning ordinance would be the appropriate method to clarify the zoning, conditions and methods of complying with the conditions. Given that the economic and social conditions for the area have changed over the past 23 years with the demise of commercial sugaz operations, the need for small residential lots in this area has decreased, while the need for small individually owned agricultural lots has increased. The applicant believes the 28 acres of RS-10 zoned property (Phase 2) is adequate to address the housing needs in the Papaaaloa area and that the newly created 10 acre parcels will help address the need for individually owned agricultural lots in Hamakua. The Council has applied "fair share" impact related fees to change of zone ordinances for recent applications and it is believed that this method of addressing impacts is preferable to the present language in the ordinance. Discussions with the Director of Parks and Recreation confirmed that he would prefer to have funds available to improve the exiting facilities in Papaaloa rather than have additional park land as presently stipulated in condition G. The applicant is requesting that the Council amend the ordinance to clarify the zoning of the property, the conditions of approval and the method and timing of complying with these conditions. c. Number of acres: 133 acres are affected by this amendment request. d. Proposed units/lots/floor area of proposed building envelope: The applicant is not proposing to develop any of the residential lots at this time. He proposes to sell the residential land to developers in three 8 to 10 acre parcels for future development. He will create approximately 10 10-acre parcels for immediate sale to those residents presently seeking agricultural parcels in Hamakua. e. Time frame and cost: The applicant is proposing to develop the agricultural lots as soon as the zoning amendment is granted. The residential lots will be sold in bulk as soon as possible. f. Membership size/number of employees and clientele: The applicant believes the 10-acre parcels will be mazketed to local residents seazching for agricultural land in Hamakua for orchards, truck crops or pasture uses. The residential land is projected to be sold to developers who may wish to create residential lots in the future. g. Parking arrangement: Parking for the lots created will be on each site as required by the Zoning Code. h. Traffic Impacts: The traffic generated by the proposed project (28 acres of RS-10 and 10 agricultural lots) is far less than the impact the present zoning (133 acres of RS-10) would allow. The development of the residential property that is presently undeveloped will increase the traffic flow at the intersection with Hawaii Belt Highway. The applicant proposes to address these impacts with the payment of "fair share" fees at the time the residential lots aze developed. i. Other related information: Papaaloa Avenue and the extension of this street extends through the property and is identified as Easements 1 and 2 on the site plan, are presently maintained by the County. Properties above the subject property have been using this easement as access to their property for decades. j. Proposed on-site and off-site infrastructure: The applicant does not propose any infrastructure improvements at this time. When the residential properties aze developed in the future, the developers will need to comply with all conditions of the County's Subdivision Control Code and pay impact-related "fair shaze" contributions. When the agricultural lots are created, the applicant will comply with the Subdivision Control Code. All off-site infrastructure issues will be addressed through the payment ofimpact-related "fair share " contributions at the time of the development of the residential lots. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Urban 3. Applicable goals/policies and objectives of the General Plan.• The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS 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 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. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. 0 77re County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall strive for full employment. o The County shall ident~ and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS 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 Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES 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. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (1J AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. 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 develop subdivision standards which make a distinction between agricultural and urban land uses. (5) SINGLE-FAMILYRESIDENTIAL 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. POLICIES o The County shall re-evaluate existing undeveloped single family residential zoned areas and reallocate zoned lands in appropriate locations. o The County shall designate and allocate single family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. 4. General Plan Designation: Low Density - "Single family residential in character, ancillary community and public uses, and convenience type commercial uses." 5. Zoning: Residential 10,000 s.f. (RS-10) 6. Community Development Plan: The Northeast Hawaii Community Development Plan classifies the property as urban. 7. Special Management Area: The property is not within the County of Hawaii's Special Management Area. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 8. Description of subject property: The subject property is a rectangular pazcel located mauka of the Hawaii Belt Highway between Kaiwilahilahi and Kihalani Gulches, adjacent to and Hilo side of Laupahoehoe High and Elementary School, Papaaloa, North Hilo, Hawaii; TMK: 3-5-03:27 and 3-5-04:08. The parcel is presently undeveloped other than fencing used to contain the cattle presently grazing the site. The property slopes from the highway at 10 to 15 percent grade to the top of the property. The mean annual rainfall is 141.77 inches as specified in "An Inventory of Basic Water Resources Data: Island of Hawaii". 9. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk 1 to 9 as Zone 8. "None of this area has been covered by lava in the last 750 years, only a few percent of this area has been covered by lava in the past 10,000 yeazs." 10. Distance from coastline: The subject property is approximately one-half mile south of the coastline. 11. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Prime Agricultural Land: "Land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods." 12. U. S.D.A. Natural Resources Conservation Service Report soil type: Ookala silty clay loam, 12 to 20 percent slopes (OoD). This soil occupies coastal areas on the windwazd side of Mauna Kea. In a representative profile the surface layer is a dark reddish-brown silty clay loam about 12 inches thick. The subsoil is dark-brown to dark yellowish-brown silty clay loam about 43 inches thick. This is underlain by very dazk grayish-brown, partly weathered Aa lava fragments. This soil dehydrates irreversibly into fine sand-size aggregates. It has a very strongly acid surface layer and a slightly acid to medium acid subsoil. This soil is used for sugarcane. 13. The Land Study Bureau soil rating: C43. Soil series-Hilo and Wailea; depth- deep; texture-moderately fine; color-dark brown; pazent material-volcanic ash; stoniness-non stony; drainage-well drained but moist; slope-11% to 20%; clime-warm, very humid, considerable cloudiness; mean rainfall- 120-200"; elevation 0-800 feet; machine tillability-moderately suited; districts-North and South Hilo; remarks-smeary subsoils dries irreversibly. 14. Flood Insurance Rate Map (FIRM) designation: Zone "X" per the Engineering Division of Public Works. 15. Existing drainage ways or improvements: The property is located between two well-defined gulches, Kaiwilahilahi and Kihalani. There are no drainage improvements on the site. 16. Air/noisehvater quality: The air quality is good as the spraying and burning associated with past sugar production activities have ceased. The area is relatively quiet as it surrounded by residential units below the property and agricultural properties in pasture use above the property. It is bordered on both sides by steep gulches. The water is from the County Department of Water Supply and complies with all EPA requirements. Historic Resources: 17. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: There are no known historic, archaeological or cultural features on site. There is no record in either the National or Hawaii Register of any sites on this property. This property was used extensively for the cultivation of sugarcane for many years and more recently for the pasturing of cattle. Natural Resources: 18. Existingfloral/faunal resources: The site is presently covered with a variety of grasses and sugarcane. There are no native or exotic plants on site. This site was used extensively for the cultivation of sugarcane for many years and more recently for the pasturing of cattle. The site is not known or expected to be a habitat for rare or endangered species. 19. Scenic or coastal resources: The property is located above the Highway Belt Highway and does not offer any coastal resources. There are unobstructed views of the ocean but not the shoreline as the topography of the coastal area and development of the area makai of the highway prohibit this. Social-Economic Characteristics: 20. Social settlement pattern for the area: This property was originally developed as a residential support community for the sugar workers in the Laupahoehoe area. With the demise of sugar the area has become a bedroom community for Hilo and South Kohala employment centers. There has been recent growth in the diversified agricultural enterprises in the area and residents searching for rural-agricultural lifestyles are finding the area attractive. 21. Economic resources of the area: Other than the Laupahoehoe Telework Center sponsored by Verifone, the area is characterized by agricultural enterprises with small scale commercial operations located in strip developments along Hawaii Belt Highway and the old Mamalahoa Highway. Many residents work in Hilo or as far away as the Kohala Coast resorts. 22. Land values: According to a prominent Realtor in the area, large lot acreage is selling at $5,000 per acre while 10,000 s.f. residential lots are valued at $30,000. Surrounding lands: 23. Land use: The land below, north of the subject property is phase I of the original development and has been developed as single-family residential homes. To the west is Kihalani Gulch and Laupahoehoe High and Elementary School. To the east is the Kawilahilahi Gulch and umimproved agricultural lands. Mauka and west of the site are large acreage rural-residential lots in various sizes being used for pasture and other low intensity agricultural uses. 24. Zoning: The property to the north and makai of the subject property is a mix of RS-15, RS-10 and A-la. The property to the west, across Kihalani Gulch, is RS-15 and A-20a. The property above the subject site and to the south are zoned A-20a. D. PUBLIC FACILITIES AND SERVICES 25. Description of access: The property is accessed from the Hawaii Belt Highway via Papaaloa Avenue and Kihalani Camp Road. Papaaloa Avenue continues as an easement through the property to the mauka (south) boundary. The County has been maintaining this easement to the properties mauka (south) of the subject parcel. 26. Availability of Water: Water is available to the site from the Department of Water Supply via a reservoir located on the subject property. In discussions with the Department of Water Supply (DWS), they have said that seven units per existing lot of record is available. The applicant believes that there are three existing lots of record and therefore would have access to twenty-one units of water from DWS. 27. Sewage disposal: Wastewater is disposed of by cesspools in phase I ofthe development. The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. 28. Solid waste: Solid waste is taken to the County's solid waste transfer station in Papaaloa below the project site. The applicant intends to use this existing transfer station for all new ?ots created. 29. Police and frre protection: This area is served by a police and fire stations located less than 1 mile to the west of the site in Laupahoehoe. 30. Schools: The project site is adjacent to and east of the Laupahoehoe High and Elementary School, less than 1 mile by County and State roads. 31. Parks: There is a County Parks and Recreation gym and park facility in Papaaloa below the Hawaii Belt Highway, less than 1 mile from the subject parcel. 32. Other utilities and services: There is electrical and telephone service in phase I of the project and it can be made available to the subject property as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 34. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Ail construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures constructed will comply with all federal, state and county requirements. 35. Alternatives to the proposed development: One alternative to the proposed action would be to develop the entire parcel as residential single-family homes as permitted by the existing RS-10 zoning. This alternative would have a far greater impact on natural resources and government services and would not provide the needed agricultural lots for diversified agriculture. A second alternative would be to leave the entire parcel vacant and undeveloped. This would not allow the creation of small residential lots as provided for in the initial zoning, nor would it allow the development of agricultural lots for diversified agriculture. It would also not increase the real property tax base as the proposed action would. 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented.• The construction of fewer additional residential units than presently allowed by zoning would reduce the irreversible and irretrievable commitment of natural resources. These resources would be used in the construction of the single-family homes. Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; and the changes in the economic situation in Papaaloa since the original ordinance was adopted, the applicant requests a favorable consideration of this amendment to the change of zone ordinance. SITE PHOTOGRAPHS '~x v _ ~ . ti , ~ '~~fy r :~\y t'1'RyL Af 1, 9~. 1.~ t` `1 ~1 View looking north over the property and Phase I homes. . View looking north over property showing the easement running through the property and the fenced pasture. M1 � ,D\O N' Grant 901 to Makalkuha and Makahutu LAIIPAHOEHOE SCHOOL SITE I K I \ . I 1 1 ;1111,:ii;:,,,,. , in I b' 1 1 Grant ac8 e'ex]e t I.t r / R • RS - TO A -10 0 x� b I ' t ° " °'° `. ® RS - 2w.. Th PROPOSED AMENDMENTS TO ,., . a«.o `. t0 t• , � ; �► " "° I = Kap alehua ZONING: DISTRICT BOUNDARIES I i / F 4 N ..- �� ✓ Being a portion Of Grant 908 to Kd poehUd 3YU i , # -e I Iii; RS -10 �' © ® W. ' � _ _ _ a portion of Grant 9(4 to Kapule and Nawar�ie ita + • � '� C S tuated at y a and Kaiw lah lah, :to � �� ]° :land, County and State of Hawaii s p Grth L N F ® 7MK 3rd. 3- 5- �3:�2� and 3-5-04:00S �? : li OI LI..e\ to Grant 904 ; / ' / o ® �, ] " ° "' K apula and Nawa -,; 4. �" 4 / / li Nree, , N� S .e�.a.W.... RS -10 TO A -10 \. / ; F -® ayea°, k ////// i r N . ' ► ' + ^eutl, ..se e, I ,,.',, RS -10 ®® 85 ,10 j0 P'',0 fill W n 8 r, t , I .testri ✓ +' u s e. IW A -20 to A -10 ' ,..7 C..., , .e. e KAIWILAHILAHI GULCH spa I r —�— e4 '%t n eim x . ../ ' e�]I)ee 44 ' 33 r )1!N R% Y° ]...e,a] CM I Tema R L.YW a. u.eM c ,,L W A I �, I L A k I L A -I I * yE /° # I Peleiid Srvep, �5 CMJkN, Xun's, 5f9' \ /� ' W 411,� don ex ,,,. z I)]e r.°w. vewm, x ee77e 5 11 w 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? Yes If 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? 105 b. Into what lot sizes? 10 to 11 acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic ' subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. 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 will alleviate the local housing situation? Yes How? The creation of 10 acre lots will help address the need for residential-agricultural lots in this area of Nox~f~ Hilo. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The owner is pasturing cattle on most of the property. No agricultural products are being produced. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? 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? 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. The owner and his Realtor have been approached by various individuals who are interested in 10 acre parcels for growing papaya and grazing cattle. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? Nn If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? Nn If so, what kind? Is the road adequate for the proposed traffic volume or load? yam 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x -3- 1 Yes No e. Police Protection X f. Eire Protection g g. Recreational Facilities x h. Public Utilities x i. Other v For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: e Address: P.O. Box 26, Honokaa, Hawaii 96727 Telephone: 775-0670 Date: 6/2/98 -4- ATTACHMENT Residential 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? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivlde? RS-10 28 acres/balance A-l0a b. Into what lot sizes? 3 lots of 8 to 10 acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? immediately d. Do you intend to build houses on the newly created lOtS? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of suodividing 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. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? This will place 28 acres of RS-10 land in the hands of developers who will be able to create small lots as the demand dictates. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? -2- f 5. Is the subject land currently being used for any agricultural activitity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The land is presently being used by the owner to graze cattle. No agricultural products are being produced. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? The creation of three lots of RS-10 zoning will not in itself have any impact on the road systems. When these blocks of lots are developed and individual lots are created there will be an impact on Papaaloa Avenue and its intersection with the Hawaii Belt Highway. It is proposed to address the impacts with impact fees. Is the road adequate for the proposed traffic volume or load? Yes 8, What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x x c. Sewer x d. Drainage x e. Police Protection x -3- r Yes No f. Fire Protection g g. Recreational Facilities X h. Public Utilities R i. Other g For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. The impact of creating these three blocks of lots will be negligible on the road system. Once these blocks of lots are developed into individual lots, there will be an impact on the road system. It is proposed that impact related "fair share" fees will be paid at the time these individual lots are created. Signature: ' Address: p.0. Rox 26. Honokaa. Hawaii 96727 Telephone: 775-0670 Date: 6/2/qg -4- 6337A/S0A P.fl. 5/R4 BRamos0l. pkf-11 /6/96 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JACK RAMOS RANCH, INC. ' CHANGE OF ZONE ORDINANCE NO. 166 (REZ 252) AMF.NnMF.NT TO CONDITIONS A. D AND G JACK RAMOS RANCH, INC. has submitted an application (amended) to amend Ordinance No. 166, which changed the district classification from Agricultural (A-20a) to Single Family Residential (RS-10) for approximately 132.725 acres of land. The amendments are to change the district classification from Single Family Residential (RS-10) to Agricultural (A-l0a) for approximately 71.886 acres of land, Single Family Residential (RS-10) to Agricultural (A-20a) for approximately 1.087 acres of land, and to amend Conditions A, D, and G relating to incremental zoning, intersection and roadway improvements, and park area requirements. The property is located mauka of the Hawaii Belt Highway in the vicinity of Papaaloa Subdivision between Kaiwilahilahi and Kihalani Gulches, Papaaloa, North Hilo, Hawaii, TMK: 3-5-3:Portion of 27 and 75 and 3-5-4:Portion of 8. RACKGROUND INFORMATION 1. Ordinance No.166: Effective October 31, 1975, the County Council approved Laupahoehoe Sugar Company's request to reclassify approximately 132.725 acres of land from A-20a to a RS-10 zoned district for a residential subdivision for sugar employees and the private market. Laupahoehoe Sugar Company proposed to subdivide the property into 400 lots ranging in size from 7,500 to 10,000 square feet, and provide a 3-acre park site to be turned over to the County of Hawaii. (See Exhibit A -Ordinance No. 166) 2. LUC 292: As part of the 1974 five-year boundary review, the State Land Use Commission approved Theo Davies' request for a state land use boundary amendment from Agricultural to Urban on Apri123, 1975. APPLICANTS' RF.OLTF'ST 3. Request: The applicant is requesting an amendment to Conditions A, D and G of Ordinance No. 166, to recognize Increment 2 (28.021 acres) as RS-10 and downzone the balance of the property (71.886 acres) from RS-10 to A-10a. The applicant is also requesting that the RS-10 zoned 1.087 acre parcel abutting Papaaloa Avenue be changed to A-20a to be consistent with the adjacent A-20a parcel. A 12,749 square foot water tank site (TMK 3-5-3:75) owned by the County Department of Water Supply is included within a portion of 3-5-3: 27 (Sub 5139). The Department of Water Supply expressed no objections to the downzoning of their property to A-10a. The applicant requests that Condition A referring to incremental zoning be deleted, and Conditions D (intersection and roadway improvements) and G (park area improvements) be omitted and replaced with the standard "fair share" contribution condition. Conditions A, D and G state: "A. ...the area be zoned in four (4) increments. The first three (3) increments shall each consist of a maximum of twenty-eight (28) acres, and the fourth increment, the remaining area. The effective date of zoning for subsequent increments shall be after development has occurred in the previous increment or combination of increments. Development is defined as building permits issued for single family residential dwelling units and construction partially completed - partially completed in the sense of having roofs on a minimum of twenty-five (25) per cent of the units for the previous increment or combination of increments. D. A channelized intersection with left turn storage lanes and deceleration and acceleration lanes be constructed at the entrance of the subdivision during the second increment. These roadway improvements shall be completed prior to sales of the lots within the second increment, and shall meet with the approval of the State Department of Transportation, Highways Division. G. A minunum area of seven (7) acres be set aside within the subject area for park and recreational purposes. The exact location shall be determined at the time of subdivision approval of the fist increment. Minimum improvements shall be provided for at least four (4) acres of the park area prior to development of the second increment and the remaining three (3) acres shall be improved prior to the construction of the fourth increment. Minimum improvements shall include but not be limited to grading and grassing which meet the approval of the Parks and Recreation Director. The park shall remain in private ownership and maintenance until such time that the applicant decides to dedicate the area and accepted by the County. There shall also be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: -2- (1) Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the private park in perpetuity; (2) Empower the County, through the Parks and Recreation Director, to enforce the covenants to maintain the private park, authorizing [he performance of maintenance work by the County in the event of failure by the subdividers, purchasers, occupants or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision [o a lien until the cost of work performed by the County has been reimbursed." 4. Reasons for the request: The applicant purchased the subject property in 1997 at auction. Upon examination, it was discovered that after the completion of Increment I, Laupahoehoe Sugar Company had not complied with all of the conditions in the ordinance. The ordinance is a "conditional zoning" whereby the zoning for subsequent phases of a project are contingent upon the completion of conditions for the previous phase(s). The applicant states that after several meetings with department staff, the Planning Director and Chair of the Planning Committee, i[ was determined that an amendment to the present zoning ordinance would be the appropriate method to clarify the zoning conditions and methods of complying with the conditions. Given that the economic and social conditions for the area have changed with the demise of commercial sugar operations, the need for small residential lots in this area has decreased while the need for small individually owned agricultural lots has increased. The applicant believes the 28.021 acres of RS-10 zoned property (Increment 2) is adequate to address the housing needs in the Papaaloa area and the seven newly created 10-acre parcels will help address the need for individually owned agricultural lots in Hamakua. The County Council has applied "fair share" impact fees to change of zone ordinances in recent applications, and it is believed that this method of addressing impacts is preferable to the present language in the ordinance. The Department of Parks and Recreation prefers a monetary exaction in lieu of the development of a park site. (See Exhibit B -Application for Amendment to Ordinance No. 166 and Amended Application) 5. Proposed Units/Lots: The applicant is not proposing to develop any of the residential lots at this time, but intends to sell the residential land to developers in three 8 to 10 -3- acre parcels for future development. The seven 10-acre agricultural zoned parcels will be created for immediate sale to those residents presently seeking agricultural parcels in Hamakua. 6. Timeframe and Cost: The applicant is proposing to develop the agricultural lots as soon as the zoning amendment is granted. The residential lots will be sold in bulk as soon as possible. 7. Traffic Impacts: According to the applicant, traffic generated by the proposed project (28.021 acres of RS-10 and 71.886 acres of A-l0a) is far less than the impact the present zoning (approximately 133 acres of RS-10) would allow. However; the development of the residential property that is presently undeveloped will increase the traffic flow at the intersection with Hawaii Belt Highway. The applicant proposes to address these impacts with the payment of "fair share" fees at the time the residential lots are developed. However, the State Department of Transportation notes that the current request to proceed with Increment 2 would result in the development of additional residential zoned land, and therefore recommends that Condition D calling for intersection improvements be retained. Papaaloa Avenue and the extension of this street is identified as Easements 1 and 2 on the site plan and presently maintained by the County. Residents mauka of the subject property have been using this easement as access to their property for decades. C'O TNTY AND STATE PLANS 8. State Land Use: Urban. 9. General Plan: Consistency with the following goals, policies, standards and courses of action of the General Plan: 7 end lement • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban and rural type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. -4- • Allocate appropriate requested zoning in accordance with the existing or projected needs of the neighborhood, community, region and County. 4~n~le-Family Residential Subelement • Maximize choices of single-family residential lots and/or housing for residents of the County. • Ensure compatible uses within and adjacent to single-family residential zoned areas. • Provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. 10. General Plan LUPAG Map: Low Density Urban. DESCRIPTION OF THE PROPERTY AND 4URROUNDING ARF,A 11. Subject Property: The subject properties are located mauka of the Hawaii Belt Highway between Kaiwilahilahi and Kihalani Gulches, adjacent to the Hilo side of Laupahoehoe High and Elementary School. With the exception of Increment lA (Papaaloa Subdivision) and 1B (adjacent to lA), the parcel is presently undeveloped except for fencing used to contain the cattle grazing the site. In 1975, the property was the subject of a State Land Use Boundary Amendment from the Agricultural to Urban District and a Change of Zone from Agricultural (A-20a) to Single Family Residential (RS-10) for the proposed residential development by Laupahoehoe Sugar Company. Increment 1 of this development was completed in the late 1970's and sold in fee to individuals or residential uses. Since that time, no additional development has taken place. 12. U.S.D.A. Soil Type: Ookala silty clay loam, 12 to 20 percent slopes (OoD). The surface layer is a dazk reddish-brown silty clay loam about 12 inches thick, and the subsoil is dark-brown to dark yellowish-brown silty clay loam about 43 inches thick. This soil -5- dehydrates into fine sand-size aggregates. It has a very strongly acid surface layer and a slightly acid to medium acid subsoil. The soil is used for sugazcane. 13. Land Study Bureau Soil Rating: "C" or "Fair". 14. ALISH: Prime Agricultural Land. 15. FIRM: Zone X, areas determined to be outside the 500-year flood plain. 16. FloraUFauna and Archaeological Resources: According to the applicant, the subject property is not a critical habitat for any rare or endangered animal bird life, nor would it appear to have any significant historical sites since the property was used extensively for the cultivation of sugazcane for many yeazs and more recently for the pasturing of cattle. 17. Surrounding Zoning/Land Uses: Lands to the north of the subject property is Increment 1 of the original development and have been developed as single-family residential homes. These lands are zoned RS-15, RS-10 and A-la. To the west is Kihalani Gulch and Laupahoehoe High and Elementary School. The property to the west across Kihalani Gulch is zoned RS-15 and A-20a. Mauka and west of the site are large acreage rural-residential lots in various sizes used for pasture and other low intensity agricultural uses. To the east is Kaiwilahilahi Gulch and unimproved agricultural lands. The property above the subject site and to the south are zoned A- 20a. PUBLIC SERVICES AND FACILITIES 18. Roads: Access to the property is from Hawaii Belt Highway via the privately owned Papaaloa Avenue and lower Ochiro Road. Papaaloa Avenue continues as an easement through the property to the mauka (south) boundary. The County has been maintaining this easement to the properties mauka of the subject parcel. Property owners who reside mauka of the subject properties have been using this easement as access to their properties. The applicant is willing to dedicate the easement to the County, but is not in favor of improving the easement on his property. 19. Water: According to the applicant, water is available to the site from the Department of Water Supply via a reservoir on the subject property. The Department of Water Supply indicates that water can be made available from existing six and eight inch -6- waterline within Papaaloa Avenue and the easement to their reservoir. The Department of Water Supply has requested that the applicant determine the number of pre-existing lots of record to determine the number of units available to the subject property. The applicant proposes to address the issue of water commitment fees once the determination of the number of lots is made. 20. Drainage: According to the applicant, the properties are located between two well- defined gulches, and there are no drainage improvements on the site. 21. Parks: The applicant is requesting that Condition G (park area improvements) be omitted and replaced with the standard "fair share" contribution condition. To this end, the Department of Parks and Recreation prefers a monetary exaction in lieu of the development of a park site. Papaaloa Gym/Playground, a 4.96 acre park site and the nearest park to the subject property, is located approximately 850 feet southeast and makai of the Hawaii Belt Highway. 22. All essential public utilities and services are or will be made available to support the proposed development. A['ENCIES -COMMENTS 23. Department of Public Works (July 22, 1998 Memo): "We have reviewed the applicant's request to amend Conditions A, D and G of the Change of Zone Ordinance No. 166 and have the following comment: 1. The down zoning of the portion of the subject area changes the overall sequencing of the developmentlsubdivision upon which the conditions of Ordinance No. 166 was based. The DPW believes that revising some of the conditions of the Ordinance because of these changes is inappropriate. DPW recommends that the Ordinance should be reevaluated in its entirety." (October 15, 1998 Letter): "We have reviewed the subject amendment and our comments are the same as our memorandum dated July 22, 1998 to the Planning Department." -7- 24. Police Department (July 21, 1998 Memo): "We have reviewed the above-referenced request and do no[ foresee any adverse effect should it be granted." 25. Real Property Tax Office (September 9, 1998 Memo): "Property is receiving agricultural use value. Portion of [on] both parcels. "Status of Real Property taxes: Current." 26. Department of Parks and Recreation (September 15, 1998 Memo): "The following comments are offered for your consideration: Applicable monetary exaction, in-lieu of the set-aside and development of a park site, as presently stipulated in Condition G, is recommended." 27. Department of Health (July 16, 1998 Memo): "The use of individual wastewater systems will not be allowed for newly created lots exceeding fifty (50). "The applicant may call at 933-0917 to discuss the content of this communication." 28. Department of Transportation, Honolulu (November 4, 1998 Letter): "Thank you for your transmittal requesting our review of the subject request to amend some conditions of the zoning ordinance. "We recommend condition D be retained without modification and executed as required in the ordinance. Since the current request to proceed with the second increment is still calling for the development of 28 residential units (the same as the previous plan), condition "D" calling for intersection improvements is valid. The applicant should coordinate the implementation of improvements with our Highways District Office." 29. Department of Land and Natural Resources (August 7, 1998 Letter): "Thank you for allowing us the opportunity to review and comment on the proposed Amendment to Ordinance No. 166. "The Department of Land and Natural Resources has no comment to offer on the subject matter at this time. -8- 30. Department of Land and Natural Resources Historic Preservation Division (July 24, 1998 Letter): "This is in response to your Memo of July 9, 1998 with a request for our comments on the subject application. "The application notes that the subject parcels are old sugarcane land. In view of the long history of ground disturbance it is highly unlikely that significant historic sites would still exist on this property. "We thus believe that the proposed changes to the ordinance will have "no effect" on significant historic sites." 31. Department of Water Supply: (See Exhibit C -August 20, 1998 and October 7, 1998 Memos) 32. Fire Department: (See Exhibit D -July 22, 1998 and October 23, 1998 Memos) APP I ANT' F. PON 33. Applicant's response letters dated August 4, 1998, August 21, 1998, September 9, 1998 and September 10, 1998 (See Exhibit E) AGENCIES - NO RESPONSE 34. HELCO PUBLIC COMMENTS 35. August 3, 1998 Letter from Joyce E. Pobanz to Planning Director Virginia Goldstein, August 3, 1998 Letter from Joyce E. Pobanz to Gregory Mooers (See Exhibit F) 36. August 31, 1998 from Trevor Gloor (See Exhibit G) -9- ( ~~L~~ I~ CCUNTY OF HnIOAII - STATE^. OF BrfvAll ~~r . ~ Ci ~C~r,, 1 ORDINANCE l10. ~ ~ ~F3 P[+ Ovn_t;-•I':':g ?,;%Ef.:iIN~ SECTION 7.15, '_"IIE ?+OB'L'Hr:ILO DZST°ICT 7.ONE P1P.P, CHAPTER g (~0::?EG CGLE1 , AF:TZCLE 2, HAWAII COUN'PY CODE, AS P.DSE?IDF.D, BY CHANGI?IG THE LISTICT C:.:SSZc^ICATZCN FROM AGRICULTUR~.L (A-20a) TO SINGLE FAPSILY RESIDENTIAL. (RS-10) AT P.AFA:~LOA, TIORTH HZLO, HAWAII, COVERED BY TAX MP3 ICEY 3-5-03:27 (Por.) and 72 and 3-5-04:7 (Por.) and 6. _ $E ZT OP.:^,A~N~D BY THE COUNCIL CF Yci:, COUNTY OF HAWAII: SECTZOSi 1. Section 7.15 cf Chapter 8 (2cning Code), Article 2, Hawaii r• --Coda, as amended, is hereby further amended by adding thereto the _..llcariny^ subsection: "7.15( TY.e district classification of the follo~~ring area situ:.i:ad st Pcpaaloa, North Hilo, Rawaii, shall be Single Family Resi- dential (SS-10)s Eeginning at a point at the southeast corner of this parcel of land, on the sout~west side of Hawaii Belt Road (SDR ](5)), the coordinates o£ sa:.3 point o£ beginning referral to Goverrmert Survey Triangulation 5taticn I'PAFAAI,OA" being 2625.39 feet North and 2926.12 feet East and runri::g by azimuths measrred clockwise from TrLe South: 1. 22° 55' 352.00 feet along the top of pali, being also the remainder of Grant 904 to I:anule and ?Iawahine; Thence along the top cf pali, ''=ein5 also the remaindez of Gra:t 904 to I:apule and Nawahine, for • the raxt thirteen (13) cours:s, the azimuth and distance between points being: 2. 353° 37~ 579.00 feet; 3, 80° 16' 178.00 feet; 4. 53° C2' 173.00 feet; 5. 54° 31' 103.00 feet; 6. 21~ ;7,00 feet; 7. 3'.° OS' 429.C0 feet; g. 1g• u' 22E. oo feat; E X H` I B I T g 37• lg' 1.30.00 feet; r)' - - 10. 6" ,a' '143.OC fee; i 11. 35^ Si' ].27.00 feet; ` 12. 10° OS' 190.00 fre t; 13. 61° 34' 205.91 _°eEa; =i 14. 51° 59' 15C.52 feet; 15. 120° 40' 114E.SG feet along Gran~c 9017 to Samuel ICalele; 16. 147° 45' 1113.44 feet along ti:e northeast side of thirty (30.00) feet wide Govetn- m^nt Roa3; Thence along the northwest side of thirty (30.30) feet wide Govern-` m_nt Rcad, the azimuth and distanca¢ between noirts for the next six (6) courses bEina• 17. 218° 59' 126.79 feet; 18. 224° 51' 173.95 feet; 19. 237° 16' 169.59 feet; 20. 251° OE' 87.39 feett 21. 218° 44' 140.05 feet; ° 22. 264° 35' 117.17 feed 23. Thence along the northwest side of thirty (30.00) feet wide Govern- • ment Road, aiony a cur-~e to the left with a radius of 165.00 feet, the chord aziuvath anti distance being: F ~ 224° 59' 30" 210.31 feet: 24. 165° 24' 68.36 feet along tha northwest side of thirty (30.00) feat wide Govern- ' ment Roa3; 25. Thence along the northwest side o_° thizty (30.00; feet wide Govern- ment Roar, along a curve to the i right with a ra!1±us of 90.00 feet, the chord azimut': and dis- tance bein7: • 22S° 28' i22.^?. feat: 20. 271° "s 2' 91.63 feet aieng the -crthea:t side of i • tY:irty (30.:10) feat wi3e Govern- ment Road: 27. 234° 03' 88.50 feet along tlta :orthwest side of 2 - ' thirty ;JC.00; `.ert :vide Goti•cr::- n:ent Road; 28. 215° 55' 68.74 feet Tong the northwest side of thirty (30.D0) fe_t wide Gwer^.- - went Fc~d; 9. Thence along the :orthwest side of thir•.:y (30.00) eet wide Govern- : meat P.oad, along a curvy to the rigY.t with a radius of 180.60 feet, the chord azimuth and dis- tance being: . 234° 24' 30" 114.18 feet; 30, 252° 54' 74.94 feet along the northwest side of thirty (30.00) feet wide Govern- merit P.oad; 9 ' Thence along the northwest side of thirty (30.00) feet wide Govern- meat fioad, along a curve to the left with a radius of 85.60 feet, t::e eho:•d azimuth and distance being: 218° 05' 30" 97.0; feet; 32. 1g3° 17' 97.38 f_et along the northwest side of _ thirty (30,00) feet wide Govern- . merit Road; 33, Thence along the northwest side cf thirty ;30.00) feet wide Govern- merit P,oad, along a curve to the right with a radius of 115.00 feet, ' the chord azimuth and distance is _eing: 267° 28' 30" 94.25 fret; r 34. 231° 40' 47.37 feet along the northwest side of thirty (30.00) feet wide Govern- = merit Road; .i 1 1 1 35. 220° 45' 70.54 feet along the northwest side of a thirty (30.00) feat wide Govern- ~ ~ merit Road; - 36, 190° 58' 162.37 feet along the northwest side of thirty (30.00) feet wide Govern- ment Roed; 37. Thence along the northwest side of thirty (30.06) feet wide Govern- ' merit P.oad, along a curve to the right with .a radius of 115.00 feet, 4 the cY.ord azimuth and distances - being: 218° 16' 105.49 feet; i 7 38. 245° 34' 142.83 feet along the northwest side of thirty 130.00) £eet wide Govern- } merit Road; 33. 175° 39' 46" 108.86 feet along the remainder of Grant i - 3 - 9GC to Aapalehua tc t)1C SOL'LI':~rl j' side of C-OV2r:TaeIa Pr;ad (portion of ahar.Ze.^.~d M.smalsY.oa Highway) ; 40. 2i9° GC' 118 .b2 foet along the acuthea:;t side c: Governs,_at goad (portion of aran- doi:ed Atamalahoa i'.ighway) ; 41. 241° OS' 59.21 feet along the southeast sine of Government Road (cortior, of aban- doned t5amalahoa Highway) 42. 2i9° 25' 82.17 feet alonr, the soutl_aat Side of Government Road (portion of aban- doned Maz;,alahoa Aighway) ; 43. 295° 00' 46.74 feet along the southeast side of Gorer:.msnt Road (pcrtion of aban- doned t:amalahoa Hi~!:way) to tiie southwest side of 7?awaii Belt Road (SDR 3 (5)) ; 44. 312° 57' 330.39 feet along the scuthorest side of Aawaii Belt F.oad (SDR 3(5)); 45. 323° 00' 100.77 feet along the southwest side of Aawaii Belt Raad (SDR 3(5)); 46, 275° 30' 28.92 feet along the southwest side of Y.awaii Belt Road (SDR 3(5)); 47. 312° 57' 398.54 feet along the southwest side of Hawaii Palt Road (SDR 3(5)); 48. Thence along the southwest side of Aawaii Belt Raad (EDR 3(5)), along a curve to the left with a radius of 3324.05 fe.:t, the chord azimuth and distance being: 306° 36' 35" 734,15 feet to the point of beginrirg and contain- „ ing an area of 132.725 acres. "All as outlined in red on the map attached hereto, marked Exhibit 'A' and by reference made a part hereof." SECTION 2. Section 1 of this ordinance sY.all take affect forthwith upon the conditions that (A) the area be zoned in four (4) increments. The first three (3) increments shall each consist of a maximum of twenty-eight ;28) acres, and the fourth increment, the remaining area, The effective date of zoning for subsequent increments shall be after development has occurred is the previous increment or combinatioA of increments. Development is defined - 4 - au_di~c p_-zri_., _ssue? fe: ::iarle f~ ily _..~_3c;ntial cti-elliny Lnits an3 ~GnStrL'CL10II it3rtlaily CG^pleted - partii_1V Cc:.~r letEd t'':e ~C r.Se of hal'1 i1g room ca a :c:inimu.'n os twenty-five (25} peg cent of the unity for the previous increment or combination of ircreme^ts; '(B) the anLlicar.-, Laupa'roeY:oe Suger Cor..pany subTit a subdivision plan. for the final increx=nt end aecnre te:a_tive aoprcvai cr_tY.in one (i} year frem the official sate cf cpixovnl of tite chanye c£ Zane, ar,d alse.assume t`.e resnaisibility cf s~cnring final subdivision approval for the first irczement. The applicat shall also be responsible for obtairiag final subdivision. approval fcr the subsenuent ircramcnts. 11 ether ns, such as drainage and roadway rcc~uirs•:rent=, snail ba considered at y -a : er. the time of saedivision approval; (C} the metinod c£ sewage dispcaal shall conform to the rules and regula_icns of the State Leparti:ent of Healthi (D) a chaa:,el_aad irtezsectioa with left turn storage lah<E and deceleration and .4 3GCeleratlOn lar.@ be cor_structed at the entrance cf the subdivision. d;xring the second increment. These roadway improvements shall be cempieted prior to sales cf the lots within the second increment, and shall meet with -ohs approval of the State Department of Transportation, Y.ighways Division.; (E); the connec-. ' lion. of t:za existir.3.izihalani Camp Road to the Hawaii Belt High;vay be eli.-.,i- ~i - _ ~ _ Hated upon construction o£ the cisnneiized intersections the applicant .j be r_spcnscble to provide a water system in accordance witY. the County of T, i_ '~Lil Department Of •Fat°r Supply st3ndards7 (G) a m'_nl:riw^: area Of sBVen 7 ' (7i acres be set aside within the subject area for park and recreational 1 purposes. The a°act location shall be determined at t-.he ti.~.e of subdivision r' approval o£ the -first increment. i•!iniaum i.;.provesents sY:all be provided _ son at least four (4) acres cf the par}: area prior to development cf the second increment and the remaining three (3) acres shall be improved prior t - to construction o£ the fourth ircremert. Minimum i:rprovements shall include 'r _ but not be limited to grading and grassing which meet the approval of the Parks and Recreation Director. The park shall remain ir. private ownership - 5 - an3 a:ai:,terance until ..>uc:; time that tk:e applicz.rt ~ecidas t~ deciirzte the ire,: red ~ccei.ted by the County. There Eh~ll Viso be zdecuate ass..r=r.ce, as deternined by the Corporation Counsel, for the maintenance cf the private perk by recorded covenant rurnirc with the lard which shall include the following: (i.) Obligate the subdividers, purchasers, occupants or association in the subdivision to maintain the Drivels park ir. perpetuity; (2) Er..power the County, through the Parks and P.ecreation Director, to enforce the covenants to maintain the private park, suthcrising the perfczmarce of maint~erance work by the County in the event of failure by the subdividers, purchasers, occupants or association in the subdivision to perform such work and permit the subjecting of the land snd properties in the subdivision to a Lien until the cost of orork perfomed by the County 'ras been reimbursed; (Y) the applicant work closely orith the Soil Conservatior. Service to operationalize cor.servaticn practices relative tc the topographic corditians of the prcpesed development; (I) s hydrologic/drainage study be made by the applicant and be submitted with t=ie subdivision application for the first increment to the_Plarring Department. Should the foregoing conditions not be met, rezoning of the arEa to its origi- nal zoning designation may be initiated. SECTION 3. Ir. the event that spy portion of this ordinance is declared invalid, s::ch invalidity shall not s=teal the other Yarts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval, INTRODUCED BY: COUNC LMP.N, NTY F HAWAII - Hilo, Hawaii Date of Introduction: October B, 1975 Date of Adoptions October 23, 1975 Effective Date: October 31, 1975 - 6 - couNTY of HawAII PLANNING DEPARTMENT' CHANGE OF ZONR APPLICATION (Type or legibly print the requested information) APPLICANT: Sack Ramo Ranch, I'c. APPLICANT'S SIGNATURE: DATE:~,./~igR ADDRESS: P•o. Boxi26 Honokaa, Hawaii 96727 LIST APPLICANT'S INTLR1rST IF NOT OWNER: LIST PRIi1CIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 775-0670 (Fax) LANDOWNER(S): Same as Appl cant LANDOWNER SIGNATURE(S): DATE: ~ I~ Rg May ~ by le t r) LANDOWNER(S) ADDRESS: o . ~'67z7 REQUEST: Amend Ord. No. 166: cond. A, D, GI'O (Existing zoning) (Proposed Zoning) TAX MAP I{EY: 3-5-03:27 and 3-5-04:08 STREET ADDRESS OF PROPERTY: Papaaloa, North xilo, xawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: ~ acres AGENT: Grao~nrv R. Mnnar.; Mnnrrc Fnro,-nricec ADDRESS: P.o. sox 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.) 685-6839 (Res.) 885-71"l6 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers „~~n, Ramos / v1i 13 (See Instructions on Rey+erse Side) AMENDMENT TO ORDINANCE NO. 166 Changing the zone from Agricultural (A-20a) to Residential (RS-10) TAX MAP KEY: 3-5-03:27 (por.) and 72 and 3-5-04:7(por.) and 8 Papaaloa, North Hilo, Hawaii REQUESTED AMENDMENTS TO Conditions A, D and G A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property was the subject of a State Land Use Boundary Amendment and Change of Zone in 1975 from the Agricultural District to the Urban District and from the Agricultural (A- 20a) zone to the Residential (RS-10) zone. Phase I of this development was completed in the late 1970's and sold in fee to individuals for residential uses. Since that time no additional development has taken place on the property. The applicant is requesting amendments to the ordinance conditions A, D and G, for the reasons listed below. The applicant is requesting that Phase 2 (28 acres) of the development be recognized as having RS-10 zoning and that the balance of the property be down-zoned to Agricultural 10-acre (A-l0a). The applicant further requests that conditions D and G be omitted and replaced with the standard "fair share" contribution condition. b. Statement of objectives and reasons jor the request: The applicant purchased the subject property in 1997 at auction. Upon examining Ordinance No. 166 it became clear the previous owner, Laupahoehoe Sugar Co., after the completion of Phase I, had not complied with all of the conditions set forth in the ordinance. The ordinance is a "conditional zoning" ordinance whereby the zoning for subsequent phases of a project are contingent upon the completion of conditions for the previous phase(s). The County has not been creating these "conditional zoning ordinances" in recent years to avoid the confusion that exists in such cases. After several meetings with the Planning Department staff, the Planning Director and the chair of the Council's Planning Committee to try to determine the status of the present zoning, it was deternuned that an amendment to the present zoning ordinance would be the appropriate method to clarify the zoning, conditions and methods of complying with the conditions. Given that the economic and social conditions for the azea have changed over the past 23 years with the demise of commercial sugar operations, the need for small residential lots in this azea has decreased, while the need for small individually owned agricultural lots has increased. The applicant believes the 28 acres of RS-] 0 zoned property (Phase 2) is adequate to address the housing needs in the Papaaaloa area and that the newly created 10 acre parcels will help address the need for individually owned agricultural lots in Hamakua. The Council has applied "fair share" impact related fees to change of zone ordinances for recent applications and it is believed that this method of addressing impacts is preferable to the present language in the ordinance. Discussions with the Director of Parks and Recreation confirmed that he would prefer to have funds available to improve the exiting facilities in Papaaloa rather than have additional park land as presently stipulated in condition G. The applicant is requesting that the Council amend the ordinance to clarify the zoning of the property, the conditions of approval and the method and timing of complying with these conditions. c. Number of acres: 133 acres are affected by this amendment request. d. Proposed units/lots/floor area oJproposed building envelope: The applicant is not proposing to develop any of the residential lots at this time. He proposes to sell the residential land to developers in three 8 to 10 acre parcels for future development. He will create approximately ] 0 10-acre parcels for immediate sale to those residents presently seeking agricultural parcels in Hamakua. e. Time frame and cost: The applicant is proposing to develop the agricultural lots as soon as the zoning amendment is granted. The residential lots will be sold in bulk as soon as possible. f. Membership size/number of employees and clientele: The applicant believes the 10-acre parcels will be mazketed to local residents searching for agricultural land in Hamakua for orchards, truck crops or pasture uses. The residential land is projected to be sold to developers who may wish to create residential lots in the future. g. Parking arrangement: Parking for the lots created will be on each site as required by the Zoning Code. h. Traffic Impacts: The traffic generated by the proposed project (28 acres of RS-10 and 10 agricultural lots) is faz less than the impact the present zoning (133 acres of RS-10) would allow. The development of the residential property that is presently undeveloped will increase the traffic flow at the intersection with Hawaii Belt Highway. The applicant proposes to address these impacts with the payment of "fair share" fees at the time the residential lots aze developed. i. Other related information: Papaaloa Avenue and the extension of this street extends through the property and is identified as Easements 1 and 2 on the site plan, are presently maintained by the County. Properties above the subject property have been using this easement as access to their property for decades. j. Proposed on-site and off-site infrastructure: The applicant does not propose any infrastructure improvements at this time. When the residential properties are developed in the future, the developers will need to comply with all conditions of the County's Subdivision Control Code and pay impact-related "fair share" contributions. When the agricultural lots are created, the applicant will comply with the Subdivision Control Code. All off-site infrastructure issues will be addressed through the payment ofimpact-related "fair share " contributions at the time of the development of the residential lots. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Urban 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS 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 errvironments 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. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall strive for full employment. o The County shall ident~ and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS 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 Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning to 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. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (I) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. 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 develop subdivision standards which make a distinction between agricultural and urban land uses. (5) SINGLE-FAMILYRESIDENTIAL 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. POLICIES o The County shall re-evaluate existing undeveloped single family residential zoned areas and reallocate zoned lands in appropriate locations. o The County shall designate and allocate single family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. 4. General Plan Designation: Low Density - "Single family residential in chazacter, ancillary community and public uses, and convenience type commercial uses." 5. Zoning: Residential 10,000 s.f. (RS-10) 6. Community Development Plan: The Northeast Hawaii Community Development Plan classifies the property as urban. 7. Special Management Area: The property is not within the County of Hawaii's Special Management Area. C. PHYSICAL CHARACTERISTICS AND ENVHtONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 8. Description of subject property: The subject property is a rectangular parcel located mauka of the Hawaii Belt Highway between Kaiwilahilahi and Kihalani Gulches, adjacent to and Hilo side of Laupahoehoe High and Elementary School, Papaaloa, North Hilo, Hawaii; TMK: 3-5-03:27 and 3-5-04:08. The parcel is presently undeveloped other than fencing used to contain the cattle presently grazing the site. The property slopes from the highway at 10 to 15 percent grade to the top of the property. The mean annual rainfall is 141.77 inches as specified in "An Inventory of Basic Water Resources Data: Island of Hawaii". 9. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk 1 to 9 as Zone 8. "None of this area has been covered by lava in the last 750 years, only a few percent of this area has been covered by lava in the past 10,000 years." 10. Distance from coastline: The subject property is approximately one-half mile south of the coastline. 11. Agricultural Lands of Importance in the Siate of Hawaii (ALSIH) designation: Prime Agricultural Land: "Land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modem farming methods." 12. U.S.D.A. Natural Resources Conservation Service Report soil type: Ookala silty clay loam, 12 to 20 percent slopes (OoD). This soil occupies coastal areas on the windwazd side of Mauna Kea. In a representative profile the surface layer is a dazk reddish-brown silty clay loam about 12 inches thick. The subsoil is dark-brown to dazk yellowish-brown silty clay loam about 43 inches thick. This is underlain by very dark grayish-brown, partly weathered Aa lava fragments. This soil dehydrates irreversibly into fine sand-size aggregates. It has a very strongly acid surface layer and a slightly acid to medium acid subsoil. This soil is used for sugarcane. 13. The Land Study Bureau soil rating: C43. Soil series-Hilo and Wailea; depth- deep; texture-moderately fine; color-dazk brown; parent material-volcanic ash; stoniness-non stony; drainage-well drained but moist; slope-11% to 20%; clime-warm, very humid, considerable cloudiness; mean rainfall- 120-200"; elevation 0-800 feet; machine tillability-moderately suited; districts-North and South Hilo; remazks-smeary subsoils dries irreversibly. 14. Flood Insurance Rate Map (FIRM) designation: Zone "X" per the Engineering Division of Public Works. 15. Existing drainage ways or improvements: The property is located between two well-defined gulches, Kaiwilahilahi and Kihalani. There are no drainage improvements on the site. 16. Air/noisehvater quality: The air quality is good as the spraying and burning associated with past sugar production activities have ceased. The area is relatively quiet as it surrounded by residential units below the property and agricultural properties in pasture use above the property. It is bordered on both sides by steep gulches. The water is from the County Department of Water Supply and complies with all EPA requirements. Historic Resources: 17. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: There are no known historic, archaeological or cultural features on site. There is no record in either the National or Hawaii Register of any sites on this property. This property was used extensively for the cultivation of sugarcane for many years and more recently for the pasturing of cattle. Natural Resources: 18. ExistingfloraUfaunal resources: The site is presently covered with a variety of grasses and sugarcane. There are no native or exotic plants on site. This site was used extensively for the cultivation of sugarcane for many years and more recently for the pasturing of cattle. The site is not known or expected to be a habitat for rare or endangered species. 19. Scenic or coastal resources: The property is located above the Highway Belt Highway and does not offer any coastal resources. There are unobstructed views of the ocean but not the shoreline as the topography of the coastal area and development of the area makai of the highway prohibit this. Social-Economic Characteristics: 20. Social settlement pattern for the area: This property was originally developed as a residential support community for the sugar workers in the Laupahoehoe azea. With the demise of sugaz the area has become a bedroom community for Hilo and South Kohala employment centers. There has been recent growth in the diversified agricultural enterprises in the area and residents searching for rural-agricultural lifestyles are finding the area attractive. 21. Economic resources of the area: Other than the Laupahoehoe Telework Center sponsored by Verifone, the azea is characterized by agricultural enterprises with small scale commercial operations located in strip developments along Hawaii Belt Highway and the old Mamalahoa Highway. Many residents work in Hilo or as far away as the Kohala Coast resorts. 22. Land values: According to a prominent Realtor in the area, large lot acreage is selling at $5,000 per acre while 10,000 s.f. residential lots are valued at $30,000. Surrounding lands: 23. Land use: The land below, north of the subject property is phase I of the original development and has been developed as single-family residential homes. To the west is Kihalani Gulch and Laupahoehoe High and Elementary School. To the east is the Kawilahilahi Gulch and umimproved agricultural lands. Mauka and west of the site are large acreage rural-residential lots in various sizes being used for pasture and other low intensity agricultural uses. 24. Zoning: The property to the north and makai of the subject property is a mix of RS-15, RS-10 and A-la. The property to the west, across Kihalani Gulch, is RS-15 and A-20a. The property above the subject site and to the south are zoned A-20a. D. PUBLIC FACII.,ITTES AND SERVICES 25. Description of access: The property is accessed from the Hawaii Belt Highway via Papaaloa Avenue and Kihalani Camp Road. Papaaloa Avenue continues as an easement through the property to the mauka (south) boundary. The County has been maintaining this easement to the properties mauka (south) of the subject parcel. 26. Availability of Water: Water is available to the site from the Department of Water Supply via a reservoir located on the subject property. In discussions with the Department of Water Supply (DWS), they have said that seven units per existing lot of record is available. The applicant believes that there are three existing lots of record and therefore would have access to twenty-one units of water from DWS. 27. Sewage disposal: Wastewater is disposed of by cesspools in phase I ofthe development. The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. 28. Solid waste: Solid waste is taken to the County's solid waste transfer station in Papaaloa below the project site. The applicant intends to use this existing transfer station for all new lots created. 29. Police and fire protection: This area is served by a police and fire stations located less than 1 mile to the west of the site in Laupahoehoe. 30. Schools: The project site is adjacent to and east of the Laupahoehoe High and Elementary School, less than 1 mile by County and State roads. 31. Parks: There is a County Parks and Recreation gym and park facility in Papaaloa below the Hawaii Belt Highway, less than 1 mile from the subject parcel. 32. Other utilities and services: There is electrical and telephone service in phase I of the project and it can be made available to the subject property as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 34. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures constructed will comply with all federal, state and county requirements. 35. Alternatives to the proposed development: One alternative to the proposed action would be to develop the entire parcel as residential single-family homes as permitted by the existing RS-10 zoning. This alternative would have a far greater impact on natural resources and government services and would not provide the needed agricultural lots for diversified agriculture. A second alternative would be to leave the entire parcel vacant and undeveloped. This would not allow the creation of small residential lots as provided for in the initial zoning, nor would it allow the development of agricultural lots for diversified agriculture. It would also not increase the real property tax base as the proposed action would. 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented.• The construction of fewer additional residential units than presently allowed by zoning would reduce the irreversible and irretrievable commitment of natural resources. These resources would be used in the construction of the single-family homes. Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; and the changes in the economic situation in Papaaloa since the original ordinance was adopted, the applicant requests a favorable consideration of this amendment to the change of zone ordinance. SITE PHOTOGRAPHS o j . ~ i View looking north over the property and Phase I homes. - :.,emu View looking north over property showing the easement running through the property and the fenced pasture. tis' i ~ I fi= _i'` i~ I F'i{ ~ ~ f i ~t ~ w D ~ ~ % . ~ -0 7C ~ ~ ~ r- o - _ ~ ~ r6 D s o ~ _ g~ r e ~ $ r ~ b3 D 'r ~ D ~ jft i~~ Z ~ i Yf F oma OlN o~~o~A W Q ° ~ lfl Q n Q ~ a W§ a O ~ 4 N tnK'p ~.~dm 0Qu ~4~Ni~ B a-0a1D J p b ~ Q a n 3~ Z W0~•0 OIQ ~ 00. E~ p ZZ >_a~ ON -z a a° D m S Q d al tf, z~nm0 ~f~~i!". ~~~N ATTAC2L^lENT 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? Yes If 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? 105 b. Into what lot sizes? 10 to 11 acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. 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 will alleviate the local housing situation? Yes How? The creation of 10 acre lots will help address the need for residential-agricultural lots in this area of Nor~r~ Hilo. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The owner is pasturing cattle on most of the property. No agricultural products are being produced. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? 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? 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. The owner and his Realtor have been approached by various individuals who are interested in 10 acre parcels for growing papaya and grazing cattle. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? Nn If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? Nn If so, what kind? . Is the road adequate for the proposed traffic volume or load? vA~ 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x -3- Yes ho e. Police Protection X f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other x For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: F Address: P.O. Box 26, Honokaa, Hawaii 96727 Telephone: 775-0670 Date: 6/2/98 -4- ATTACHMENT Residential 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? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you inteno to subdivide? RS-10 28 acres/balance A-l0a b. Into What lOt SiZ2S? 3 lots of 8 to 10 acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? immediately d. Do you intend to build houses on the newly created lOtS? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of suodividing the suuject area, do you intend to: a. Sell or lease the land to someone who nas 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. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? This will place 28 acres of RS-10 land in the hands of developers who will be able to create small lots as the demand dictates. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? -2- 5. Is the suoject land currently being used for any yes agricultural activitity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. The land is presently being used by the owner to graze cattle. No agricultural products are being produced. 6. To your knowledge, has there been any flooding and/or drainage problem on the suoject area? No If so, please describe the problem. 7, po you think that the roads leading to the subject area No needs improvement? If so, what kind? The creation of three lots of RS-10 zoning will not in itself have any impact on the road systems. When these blocks of lots are developed and individual lots are created there will be an impact on Papaaloa Avenue and its intersection with the Hawaii Belt Highway. It is proposed to address the impacts with impact fees. Is the road adequate for the proposed traffic volume or load? Yes g, What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x X c. Sewer X d. Drainage x e. Police Protection x -3- Yes tvo f. Fire Protection x g. Recreational Facilities X h. Public Utilities x i. Other x For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. The impact of creating these three blocks of lots will be negligible on the road system. Once these blocks of lots are developed into individual lots, there will be an impact on the road system. It is proposed that impact related "fair share" fees will be paid at the time these individual lots are created. Signature: ' Address: p.0. Box 26. Honokaa. Hawaii 967'L7 Telephone: 775_0670 Date: 6/2/98 -4- 6337A/SOA o n S/AA .~IOOERS ENTERPRISES P.O. Box 1 1 O 1 KAMUELA, HAWAII 96743 n October 6, 1998 n. - Ms. Virginia Goldstein ~ , ~ Director ~ Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: AMENDMENT TO ORDINANCE NO. 166 (REZ 252) Changing the zone from Agricultural (A-20a) to Residential (RS-10) Requested Amendments to Conditions A, D and G Applicant: Jack Ramos Ranch, Inc. TAX MAP KEY: 3-5-03:27 and 3-5-04: 8 Papaaloa, North Hilo, Hawaii Dear Ms. Goldstein: After discussions with your staff about Mr. Ramos' request to amend ordinance No. 166, we have determined that there is a portion of Mr. Ramos' property that was not part of the original ordinance. As such this property cannot be affected by any amendment to that ordinance. To rectify this situation, we are requesting that the portion of Mr. Ramos' property that is presently zoned A-20a be withdrawn from our amendment request. The metes and bounds de- scription of this area is enclosed for your reference. In addition, the 1.087 acre parcel that abuts this A-20a property on Papaaloa Avenue that is presently zoned RS-10 and had previously been proposed to be changed to A-10a, is now proposed to be changed to A-20a to be consistent with the adjoining property that is remaining A-20a. The surveyor, Blaine Ito is preparing the amended maps for your reference. If your or your staff require additional information or have any questions, please contact me di- rectly. Thank you for your prompt attention to this request. Sinc rely, Gre o R. Mooers President GRM: sp PNONE: (608) 8856839 ` ~ `i ~ ..null FAx: (808) 6851574 r 1~~~ S I n~ pit; , ~ 1 i d D ~ a ~ ~ ~ E , ~ ~ ° off- i \ \ . P 7C \ a r \ Dim ~ ~ D L c r _ 4 s f S D ~ ~ ~ ° _ D P ~ • ~ ~ a = ~ ~ _ - ~ f r - % ( ~ F . D iii, F' a.gH~ 1 ~a=~- a ~ s,~ ~ ~ ~ 8v W~ W_ ~ n a~v~;~ ~n J~~tli iTJ ~~6'~a°-1 ~ WOO ~^yyW ~ ~ 0?a~~~1 ~ 2sbCy(P ~ @ ~40~~ ~ ~E~w U LYD t,O ~ f a\ •Irq 11 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII e ~•i~ 25 AUPUNI STREET HILO, HAWAII 96720 O! XI'll\\\. TELEPHONE (606) 961-6660 FAX (806) 961-8657 .D p August 20, 1998 . v5 ^J f T0: Planning Department FROM: Milton D. Pavao, Manager ~ c~ r SUBJECT: AMENDMENT TO ORDINANCE NO. 166 APPLICANT -JACK RAMOS RANCH, INC. REQUEST: AMENDMENT TO CONDITIONS A, D. AND G TAX MAP KEY 3-5-003:027 AND 3-5-004:006 This Department does not have any objections to amendment of Conditions A, D, and G contained in change of zone ordinance No. 166. However, the applicant, through a copy of this letter, is being reminded that Condition F is still applicable and must be complied with as part of any subsequent subdivision application. Further, inasmuch as there are some uncertainty as to the actual number of pre-existing lots of record that would directly impact the water availability and the required water commitment deposit, we are asking that this determination be made. The present water availability guidelines in this area allows up to a maximum of seven (7)-units of water for each existing zoned lot of record. Although water can be made available from existing six (6) and eight (8)-inch waterlines within Papaaloa Avenue and the easement to our reservoir (Tax Map Key 3-5-003:075), the applicant should be aware that several of the proposed A-10 zoned lots will be outside of the existing service limits. In cases such as these, the Department will allow only one lot outside the service limits fora valid subdivision. Therefore, in order to comply with this limitation, the applicant should either reconfigure the lots or construct water system improvements to service these lots that would include, but not limited to, booster pump, transmission/distribution waterlines, and a reservoir at a suitable elevation. Upon the pre-existing lot determination and the applicant's submittal of their proposed subdivision configuration, this Department will confirm the availability of water and finalize the amount of the water commitment deposit to be a condition of the subject amendment request. Should the applicant then effectuate a water commitment and subsequently file a subdivision application, final subdivision approval will be subject to complying with the following conditions. 1. Construct necessary water system improvements, which shall include, but not be limited to: EXHIBIT 1/I /nfon ~rtnill r~innM~f~l.._ Planning Department Page 2 August 20, 1996 a. water mains capable of delivering water, at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be six (6) inches, and b. service laterals that will accommodate a 5/8-inch meter to each lot. Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge subject to Paragraph 3 and the number of additional lots requested in the proposed subdivision. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. 3. Submit the appropriate documents, properly prepared and executed. to convey the water system improvements and necessary easements to the Water Commission of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development or any lots within, the conveyance documents shall be approved by the Water Commission. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Finally, and as a notice to any future owners of the large RS-10 zoned lots, any further partitioning of these lots will require extensive water system improvements and additions, including source, storage, transmission/distribution waterlines, and booster pumps. Should there be any questions. please call our Water Resources and Planning Branch at 9 -8660. Mil n D. Pavao, P.E. ~ M age WA: s copy -Jack Ramos Ranch, Inc. ¦U4 o~~` Jb^^i I~ 11 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 9 .\T~ 25 AUPUNI STREET HILO, HAWAII 96720 Oi NI\N\\. T EIEPHONE (806) 961-8660 FAX (608) 961-8657 October 7, 1998 T0: Ms. Virginia Goldstein. Director Planning Department ' FROM: Milton D. Pavan. Manager SUBJECT: AMENDMENT TO ORDINANCE NO. 166 (REZ 252) ~.^a CHANGING THE ZONE FROM AGRICULTURAL (A-20a) TO RESIDENTIAL (RS-10)^-' REQUESTED AMENDMENTS TO CONDITIONS A. D. AND G APPLICANT: JACK RAMOS RANCH, INC. TAX MAP KEY 3-5-03:27 AND 3-5-04:8 PAPAALOA, NORTH HILO. HAWAII The Department of Water Supply presently owns a small tank site parcel surrounded by Mr. Ramos' property described above. I understand that this portion of the property is the subject of a request by Mr. Ramos to down zone from RS-10 to A-10a. The Department of Water Supply has no objection to having our parcel down zoned in a similar manner to keep the zoning for the area consistent. By way of this letter, we authorize Mr. Ramos and his agents to process this request with the request for his own property. Should you have any questions, please call us at 961-8660. G - Milton D. Pavan, P.E. Manager MDP:pt copy - Mr. Jack Ramos li rl UVafer ~rinc~d ~~ro~re~~... `~efV er y~4 - y~;e~ Nelson M. Tsuji Stephen K. Yamashiro Fire Chie( hfayo• Edward Bumatay i'ei'w~~'~` Deputy Fire Chief ~IIltli~~1 II~ ~tI~1T2xtT FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane • Hilu, Hawaii 96720.4239 . D (808) 961-8297 • Fax (808) 961-8296 ~ v July 22, 1998 n r;'. t .r i To: Virginia Goldstein, Planning Director r.: From: Nelson M. Tsuji, Fire Chief w SUBJECT: AMENDMENT TO ORDINANCE NO. 166 (REZ 252) APPLICANT: JACK RAMOS RANCH, INC. REQUEST: AMENDMENT TO CONDITIONS A, D, & G TAX MAP KEY: 3-5-3:27 & 3-5-4:8 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT C6J54 D To: Virginia Goldstein, Planning Director Page 2 July 22, 1998 "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) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 July 22, 1998 "(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." Water supply shall be in accordance with UFC Section 10.301: "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos To: Virginia Goldstein, Planning Director Page 4 July 22, 1998 blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. "(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. "(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. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, IZ, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall To: Virginia Goldstein, Planning Director Page 5 July 22, 1998 be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." r N Fire Chief NMT/mo ~~Y O• rP,!''•'_~ Nelson M. Tsuji Stephen K. Yamashiro ~s,l Fire chief Muynr ~ - / Edward Bumatay .•,y ~i, nG•Mi~~/ Deputy Fire Chief (t~IIUnf~r ~ttfutzii FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane • Hilo, Hawaii 96720-4239 (808) 961-8297 • Fax (808) 961-8296 ~ Ci c' October 23, 1998 ' To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: AMENDED APPLICATION (REZ 252) APPLICANT: JACK RAMOS RANCH, INC. REQUEST: AMENDMENT TO CONDITIONS A, D & G TAX MAP KEY: 3-5-3: PORTION 27 & 3-5-3: PORTION 8 We have no comments on the above-referenced Amended Application. _ _ ` ~ IdEL5DN_.M=- ~ Fire Chief NMT/mo L O k / MOOERS ENTERPRISES P.O. BOX 1 t O 1 KAMUELA, HAWAII 96743 August 4, 1998 ~ 9? fl~~ RBI} 9 18 I'L, T 1" I . CCUh l'I, U~' i l~l~ll l~ Ms. Virginia Goldstein Director Planning Department County of Hawau 25 Aupuni Street IIilo, Hawaii 96720 Re: AMENDMENT TO ORDINANCE NO. 166 (REZ 252) Changing the zone from Agricultural (A-20a) to Residential (RS-10) Requested Amendments to Conditions A, D and G Applicant: Jack Ramos Ranch, Inc. TAX MAP KEY: 3-5-03:27 and 3-5-04: 8 Papaaloa, North Hilo, Hawaii Dear Ms. Goldstein: I have reviewed with the applicant comments from the Department of Health, Department of Public Works, Engineering Division and Fire Department related to the proposed amendments identified above. I offer the following responses. Department of Health: This comment indicated that "the use of individual wastewater systems will not be allowed for newly created lots exceeding fifty." The applicant is proposing to subdivide the property into thirteen lots, as indicated in the transmittal letter with the request for amendments to the existing ordinance. As such this comment will not apply to Mr. Ramos. Department of Public Works, Engineering Division: DPW has commented that ordinance should be reevaluated in its entirety. I understand the con- cerns expressed as the nature of these sorts of "contingent" zoning ordinances create confusion and uncertainty. Prior to the submission of the request for amendment to the existing ordinance, I met with you and your staff on three occasions to determine the most appropriate manner in which to achieve the applicant's and County's goal for this property. I also met with Council- woman Bobbie Jean Leithead-Todd for a similar discussion. I was advised by you and Ms. Leithead-Todd that the amendment process was the most preferred. I believe that the applicant has complied with all of the instructions from your department and request that the applicant's application be processed as presented to you. PHONE: (808) 8856899 E X H_I B I T O'7335 FA7C (808) 685.1574 Ms. Virginia Goldstein August 4, 1998 Page Two Fire Department: The Fire Department's comments aze simply a reiteration of elements of the fire code. The applicant will process his subdivision application in compliance with all applicable sections of the subdivision and fire code. If your or your staff require additional information or have any questions, please contact me directly. Thank you for your prompt attention to this request. Sinc ly, Grego . Mooers President GRMap copy: Health Department DPW, Engineering Division Fire Department MOOERS ENTERPRISES P.O. Box 1 1 O 1 KAMUELA, HAWAII 96743 August 21, 1998 ~ G~ FuG zll ~ C~ oOG~~ Ms. Joyce E. Pobanz P.O. Box 129 Papaaloa, Hawaii 96780 Re: AMENDMENT TO ORDINANCE NO. 166 (REZ 252) Changing the zone from Residential (RS-10) to Agricultural (A-l0a) Requested Amendments to Conditions A, D and G Applicant: Jack Ramos Ranch, Inc. TAX MAP KEY: 3-5-03:27 and 3-5-04: 8 Papaaloa, North Hilo, Hawaii Dear Ms. Pobanz: I received your letter of August 3, 1998 and have reviewed it with Mr. Jack Ramos, Woody Ramos (Jack's son), Charlie Anderson (Mr. Ramos' Realtor) and Stanley Moniz (Mr. Ramos' bulldozer operator). You point out that Mr. Ramos' property is not adjacent to Laupahoehoe School but is adjacent to your parcel. I have made this correction in the second mailing to all neighbors and confirmed this with the Planning Department. The Planning Department has assured me that they under- stand that your property is not the subject of this application. Mr. Ramos' application does not alter the conditions on your property as far as Ordinance No. 166. Those conditions still apply to your property unless you seek to have them amended. Mr. Ramos' petition is only for his property that is defined by metes and bounds in the application. I am sorry if this has caused any confusion. You have made serious allegations that Mr. Ramos has caused road erosion on your access area across Ochiro Road and also across parcel 7. Mr. Ramos, his son and his bulldozer operator strongly dispute this claim. Mr. Moniz has showed me his work and demonstrated that he cleared the property lines within Mr. Ramos property and did nothing to increase the flow or channelize the flow of water across Mr. Ramos' property. I have been told by azea residents that the Ochiro Road was abandoned by the County because of its poor condition and constant drainage problems. There is no indication that Mr. Ramos has caused any further degradation of the roadway by fencing his property. You also allege that Mr. Moniz has deposited debris and old cazs along Ochiro Road and onto your property. Mr. Moniz has given me a sworn affidavit that this is not the case. Neighbors have also stated that the "junk cars" were abandoned on Ochiro Road long before Mr. Ramos acquired the subject property. My site inspection revealed that all alongtha6nrder of Mr. PHOfie: (BOB) 8856839 FAx: (BOB) 8851574 19 ~ Ms. Joyce Pobanz August ZI, 1998 Page Two Ramos' property Mr. Moniz pushed the debris into piles entirely within Mr. Ramos' property. This is clearly visible along the interior roadway as well. We have mailed two letters to eighty-eight neighboring property owners and to this date have received no complaints other than those you have raised. The only comments I have received have been from neighbors that support Mr. Ramos' application to decrease the proposed development density for the area. I appreciate your concern regarding your property, however Mr. Ramos cannot be held responsible for pre-exiting situations on your property or Ochiro Road. If you would like to meet for a site inspection with Mr. Moniz and myself I would be happy to arrange this. If you have any contradictory evidence I would also like to know about that as well. I look forward to your response. Si~ely, i . - Grego~~ooers President GRM: sp copy: Planning Department Department of Public Works, Highway Maintenance Division MOOERS ENTERPRISES P.O. Box 1 1 O 1 KAMUELA, HAWAII 96743 ' qP, SCP ? fl 1'fl 1~ 22 September 9, 1998 CUUNi'~ ~:,i r,~„„II Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: AMENDMENT TO ORDINANCE NO. 166 (REZ 252) Changing the zone from Agricultural (A-20a) to Residential (RS-10) Requested Amendments to Conditions A, D and G Applicant: Jack Ramos Ranch, Inc. TAX MAP KEY: 3-5-03:27 and 3-5-04: 8 Papaaloa, North Hilo, Hawaii Deaz Ms. Goldstein: I have reviewed with the applicant comments from the Department of Water Supply and have the following response. The applicant recognizes his responsibility to provide a water system in conjunction with the subdivision process. This issue will be addressed at that time. DWS has requested a determina- tion from your department regazding the number ofpre-existing lots of record to determine the number of units available to the property. The applicant would also like to know what that de- terntination is. The applicant will address the issues of commitment fees once the determination of the number of lots is made. If your or your staff require additional information or have any questions, please contact me di- rectly. Thank you for your prompt attention to this request. Since ly, Grego . Mooers President GltMap 0 849 5 copy: Department of Water Supply PNONE: (80B) 8856839 FAx: (BOB) 885• i 574 MOOERS ENTERPRISES P.O. Box 1 1 O 1 KAMUELA, HAWAII 96743 .99 September 10, 1998 `SFf jl CGG/i,' ? Pl~ ~ n ~ - CQ . Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: AMENDMENT TO ORDINANCE NO. 166 (REZ 252) Changing the zone from Agricultural (A-20a) to Residential (RS-10) Requested Amendments to Conditions A, D and G Applicant: Jack Ramos Ranch, Inc. TAX MAP KEY: 3-5-03:27 and 3-5-04: 8 Papaaloa, North Hilo, Hawaii Dear Ms. Goldstein: I received your letter of September 3, 1998 to Trevor and Laurel Gloor regarding their com- ments on the application identified above and offer the following response. The County of Hawaii has an easement over Mr. Ramos' property that provides access to the Gloors property and many other families' property located above Mr. Ramos' Papaaloa prop- erty. This easement is being used because the County has abandoned a paved section of Ochiro Road along the edge of Kihalalli Gulch. We believe that the easement over Mr. Ramos' property is a preferred route and the County obviously does as well as they have made improvements to this easement over the years. We strongly disagree that Mr. Ramos bears the responsibility to improve this easement for the benefit of other property owners above his property, We believe that this is the County's responsibility since they control this easement and have abandoned the lower section of Ochiro Road which gives the mauka property owners no other option but to use this easement. The present condition of the roadway is adequate for Mr. Ramos' proposed A-l0a uses. If and when the portion of the property remaining in the RS-10 zone is developed, the developer would be required to improve the roadway up to access that area, but no further. Mr. Ramos has agreed to dedicate this easement "as is" to the County for public use. We would prefer to address this issue outside of the application identified above but will stipulate to urln- terrupted access over this easement until this issue can be resolved with the County Council. P,ioNe: (BOB) 6656839 FAx: t6oe) Best spa C gJ~~ Ms. Virginia Goldstein September 10, 1998 Page Two If you or your staff require additional information or have any questions, please contact me directly. Thank you for your prompt attention to this request. Sinc ely, Gre . Mooers President GRM: sp copy: Trevor and Laurel Gloor FiiG 3 Pj'I 2 c8 rr',;~ I ,August 3, 1998 P.O. Box 129 Papaaloa,HI 96780 Virginia Goldstein, Planning Director County Planning Department 25 Aupuni Street, Room 109 RE: REZ 252 HIIo, HI 96720-4252 Aloha, Attached is a letter to G. Mooers regarding his application for REZ 252 (Ordinance 166, Papaalaa Subdivision) on behalf of Jack Ramos. We have no objections to his requested amendments, bnt wish to correct errors in the application and bring attention to drainage and mnoff issues since we own Parcels 3- 5-4: land 92 which run adjacent to Ochiro Road. Parcel 7 includes the ICihalani Gulch for the fidl length of the Jack Ramos Ranch. Lic. lands on the Honokaa side. He is not adjacent to the Gulch at a~ point. We border his propeAy (i.e. across OcLiro Road) on the NW, N, and NE and Lave deep concerns about runoff and draina~. Some of these concerns were discussed recently with Casey at DPW and Phyllis at Planning. Mr. Jiro Sumach is also aware of some of our concerns as are Bobby Gonsalves and Stanley Nakasone about different points. We would like to sce corrections made to the application in the points mentioned in the attached letter to Mr. Mocers before it proceeds for review. Mahalo. Sincerety, J E.Pabanz~ exH~sir F a'; ti~9 ' a~ Fd;~ 3 P("i 2 28 ' i. Augusl3,1998 C,~,,a'l i i'~N~~iP.~ P. O. 13ox 129 Papaaloa,HI 96780 Mr. G. R Mocers RE: REZ 252 P. O. Hox 1101 ICamueL>, HI 96743 Dear Mr. Mooers: Regarding you letter of 7/17/98 and our phone conversations of 7/21 and 7/28/98: As we discussed, one correction is rteeded which is that the "Ramos Ranch" is adjacent to Ochiro Road and then our property, 3-5.4:7 on the North West, NOT the Laupairaehce School and NOT Kihahuti Gulch. On the makai side you are adjacent to Ochiro Road a~ our Parcel 3~-5:92. 'TLis corrxtion will affect several points of the REZ 252 application, as follows: (#8, 15, 16, 23, 24, 30 and Question #6. Additionally I will discuss #34.) 8. Not adjacent to I.arrpahoehce School 15. The are draina~ improvements that need attention since we do not want a~ further erosion continuing from drainage across our propeAy or degradation of the stream or our property from project development 16. The property is Not bordered on the West (sic) by a gulch but by a road and then our parcel. There is a residential unit also on the west (sic) (Honokaa side). 23. Should read, "To the West (sic) is Ochiro Road and Parce13-5-4-: 7 belonging to Tim and Joys Pobanz 24. Should read, `"ILe property to the west across Ochiro Road is RS-10 and AG-20a. 30. Should delete "adjacent to ate." Q6. There are drainage issues to be addressed. Recent bulldozing has resulted in road erosion an our aocest area and on our Parce13-5-4: 92 which is bordering the Rattros Ranch, Inc. on the Northeast (makai side) across Ochiro Road Recem bulldozing has also resulted in erosion across Patce17. Page 1 of 2 In addition, there is one item we did not discuss: #34. Mitigative measures proposed did not address ronoff. The soil in the subdivision has been deemed subject to severe erosion with runoff. Concern has beea expressed in the past by the sanitarian and other appropriate agencies including Planning. We ace very concerned on this point Thank you for your concern and responsiveness. I appreciated it very much. Please send me a copy of the letter you said you are sending to Planning in about a week from now. Mahalo. Sincerely, Joyce E. Pobanz ce: Planning, DPW, Highway Maintenance P. S. Whea bulldozing for the Ramos Ranch fencing, Ramos Ranch personnel pushed debris and junk cars over across Ochiro Road to the edge of our gulch The cars are up at the top of the property. Please ask Ramos Ranch, Inc. to remedy this by removal of the debris and judo cars and let me know. No debris along the whole length should have been pushed onto or over lkhiro Road. I[ obstntcts our pathway and may also fall into the gdch which is our private property down W the stream and which we value highly. Ochiro Road is paved and the paving should not be disrupted by the bulldozer. This is our home. Mahalo. Page 2 of 2 August 31,1998 Trevor and Laurel Gloor P.O. Box 560 Na'alehu, HI 96772 929-8132 'q?~ SE° 2 P('1 1 ~}7 Hawaii County Planning Commission i ~ ~ . ~ ~ . 25 Aupuni Street CCC~;T'i ;F ;',Y;;I I Hilo, Hawaii Dear Members of the Planning Commission, This regards the proposed amendment to ordinance #166 by Jack Ramos Ranch, Inc. on the land: TMK 3-5-03:27 (por.) 3-5-04:8, in Papa'aloa. My wife, Laurel, and I are recent landowners in the azea, having just purchased 14 acres (A-20a) approximately 1.5 miles up the road from the pazcel in question. We feel that downzoning the Ramos land, and amending the requirements for the development would be acceptible, with the exception of the road • requirement. There is approximately 1/4 mile of gravel mad running through the Ramos land that connects lower and upper Papa'aloa Road. Any sectioning and developing of this land should not be allowed until an adequate, paved road is provided for the azea. As it is, the heavy rains experienced in Papa'aloa periodically erode the existing road with deep ruts and washouts. We've heazd that emergency vehicles have refused to attempt crossing that stretch of road, and there is no more attractive alternative. Word is that the county does not intend to develop the given access along Kihalani Gulch, so this is the only approach available to the growing number of land owners up Papa'aloa Road. If this important infrastructure is ignored, we feaz the neighborhood may take on unacceptible characteristics such as those in some azeas of H.P.P. and other substandard subdivisions. Please grant the downzoning, waive the park requirement, water system, and "channelized" intersection with deceleration lanes, etc. only if the developer provides a paved roadway to ensure access for cturent and future landowners. Mahalo, Trevor Gloor EXHIBIT G