HomeMy WebLinkAboutCOM 1790.000 1984-1988 j M ••• •YY Oi .
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PLANNING COMMISSION
�r$ 25 AUPUNI STREET • HILO, HAWAII 96720
COUNTY OF
HAWAII
September 20 , 1988
Honorable Stephen K. Yamashiro, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Yamashiro and Members:
Rezoning Request - R. Ruskin Fisher
Tax Map Key 7-5-04 :Portion of 35
The Planning Commission, after a duly held public hearing on
August 30, 1988 voted to recommend for your approval the proposed
legislative bill to change the district classification for 3. 725
acres of land from a Multiple Residential - 2 ,000 square foot (RM-2)
to a Multiple Residential - 1, 000 square foot (RM-1) zoned district
at Honuaula and Hienaloli, North Kona, Hawaii.
The Commission concurs with the following Planning Director' s
reasons for initiating the change of zone:
The Land Use Pattern Allocation Guide Map (LUPAG) component
of the General Plan is a representation of the document' s goals,
policies, standards , and courses of actions. It is also a
graphic depiction of the physical relationships among the
various land uses. The LUPAG map establishes the basic land use
pattern for areas within the County. The LUPAG map designates
the property for Medium Density Urban Development. Such a
designation may allow commercial uses.
An evaluative corollary to the LUPAG map is the policy
analysis approach. In order to consider an area for any type of
zoning designation, the applicable goals, policies and standards
of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that
evaluations and decisions can be made to better time and stage
developments to achieve growth determined by the General Plan / / 90
Comm. No.
File No., zN4PCN
Ref. To:
Ref. Date, EP 2 0
Honorable Stephen K. Yamashiro, Chairman
and Members of the County Council
Page 2
and related planning documents. The implications of these
evaluations and decisions must also be considered as they may
have an impact on similar areas in the County.
The requested change of zone conforms to the General Plan
Land Use Pattern Allocation Guide (LUPAG) Map which designates
the area for Medium Density Urban Development. Such a
designation may allow Multiple Family Residential uses. For the
Kailua Village Special District area, the LUPAG Map provides for
the concentration of urban activities with development occurring
in an orderly manner commensurate with the provision of the
necessary infrastructure. The General Plan LUPAG map has
designated the High Density and Medium Density core to extend
from Palani Road south to Lunapule road and from Kuakini highway
up to the Queen Kaahumanu Highway. The property is already
zoned for multiple family residential purposes and is within
this established core area and as such is in close proximity to
Kailua Village and other residential and commercial retail
activities in the area. It is therefore determined that the
additional density request is consistent with the urban form
depicted on the LUPAG Map as the area is already a part of the
established residential/commercial core for the village of
Kailua.
In order to accommodate the demand for additional multiple
family residential land, increasing zoning densities and other
lands must be considered. However, such increases or locations
should occur in conformance with the General Plan Land Use
pattern as discussed previously. Since this property is within
the area earmarked for medium density urban uses, it is
determined the request will help to provide necessary multiple
family residential needs of Kailua Village in a concentrated
manner consistent with the goals, policies and land use pattern
expressed in the General Plan.
The request would be consistent with the urban form
depicted for Kailua Village in that it would add residential
uses serving the entire village in a central location and in
close proximity to other similar services. Thus, the approval
of the request is anticipated to strengthen the existing
residential/commercial core in addition to providing these type
of services to the community. In this regard the approval of
the subject request would be consistent with the General Plan
Multiple Family Residential sub-element Policy which states that
"Appropriately zoned lands shall be allocated as the demand for
multiple residential dwellings increases. These areas shall be
Honorable Stephen K. Yamashiro, Chairman
and Members of the County Council
Page 3
allocated with respect to places of employment, shopping
facilities , educational, recreational and cultural facilities,
and public facilities and utilities. "
The Kona Regional Plan and the Kailua Village Design Plan
is intended to provide short and middle range implementation
strategies for the goals, policies , and land use pattern
presented in the General Plan. The land use maps for these
documents suggests that the area be designated for General
Commercial and Residential uses respectively, it also recognizes
basic problems associated with the existing residential
development. One is the potential growth of the West Hawaii
district with the major resort developments in the South Kohala
and North Kona districts and the residential needs to be created
by this growth. The necessity of providing areas which will
support these needs have to be addressed. In anticipation of
this, the General Plan recognized that it was necessary to
designate specific areas in which this anticipated development
would occur. The proposed change of zone would be implementing
the General Plan with respect to this premise. Therefore, we
have determined that the properties are within this designated
residential/commercial core of Kailua Village. The Kona
Regional Plan adopted by the Planning Commission in 1984 and the
Kailua Village Design Plan adopted by the Council in 1976 both
recommend the area be developed for general commercial and
residential uses. It is felt that the area in question is
compatible to be used for the uses and increase in density
within the Medium Density category. The inclusion of this area
with the requested residential zoning would be compatible with
its surrounding residential development. Therefore, the
requested change of zone would still complement the goals and
policies of the General Plan and the both plans as it will tend
to concentrate residential developments as well as be compatible
with existing residential developments in the Kailua Village
area.
Since the proposed development will be contained on the
subject property, as represented by the applicant, the public
welfare will be maintained. Previous conceptual plans affected
Parcel 2 also known as the Thurston House ruins site; however,
concerns over the impacts to historic sites, its relationship to
a 1969 court order and permitted uses will be mitigated by the
recommended condition and the applicant' s current representation.
The subject area is adequately served with essential
services such as water, other utilities, and transportation
Honorable Stephen K. Yamashiro, Chairman
and Members of the County Council
Page 4
systems. The area is provided with all of these essential
utilities. A condition of the change of zone will be for the
petitioner to provide all of the off-site roadway improvements
in accordance with the requirements of the Department of Public
Works. Thus, with the provision of these essential
infrastructure, it is determined that the request also
complements this policy of the General Plan.
Based on the above reasons, it is determined the granting
of this request would result in an appropriate land use pattern
that will further the public necessity and convenience and the
general welfare.
For your favorable consideration, an amendment to Section 25-89,
the Kailua Urban Zone Map, of the County Zoning Code is transmitted.
We are enclosing a copy of the application and a copy of the
staff background for your information.
Sincerely,
C� CL
ti -a V - C--- -
Thomas A. Krieger
Chairman, Planning Commission
Enclosures .\`t ( , 1
xc : R. Ruskin Fisher
Department of Public Works
Department of Water Supply
Plannin Office - Kona
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r APPROVi
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fYIDANTE K. CARPENTER, MAYOR
v
4F -'
COUNTY OF ilAWAII ' :_STATE OF HAWAII
• Bill No. 639
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP) ,
ARTICLE 3, CHAPTER 25 ( ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY
RESIDENTIAL (RM-2) TO MULTIPLE FAMILY RESIDENTIAL (RM-1) AT
HONUAULA AND HIENALOLI 1ST, NORTH KONA, HAWAII , COVERED BY TAX
MAP KEY 7-5-04 :35 (PORTION) .
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 25-89, Article 3, Chapter 25 ( Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows :
The district classification of the following area
situated at Honuaula and Hienaloli 1st, North Kona,
Hawaii, shall be Multiple Family Residential (RM-1 ) :
Beginning at a spike in concrete at the southwest corner
of this parcel of land, the coordinates of which referred
to Government Survey Triangulation Station "KAILUA" being
1,248. 77 feet South and 2,024 . 22 feet East, and thence
running by azimuths measured clockwise from True South:
1 . 167° 45 ' 30" 133 . 81 feet along stonewall , along
Lots 99 and 98 of the
"Lono-Kona Subdivision, " to an
old "H" on rock ;
2. 257° 30' 160.00 feet along stonewall, along
Lots 89 and 88 of the
"Lono-Kona Subdivision, " to a
spike in concrete;
3. 259° 53 ' 30" 333.15 feet along stonewall , along
Lots 88, 76, subdivision road,
and Lot 75 of the "Lono-Kona
Subdivision, " to an old "+" on
rock ;
4. 347° 27' 430 .12 feet along stonewall, along
Grant 3100 to S. W. Kuakamaunu
at Honuaula, and Government
land at Hienaloli 1, to an old
"W" on rock;
5 . 64° 04 ' 122.19 feet along stonewall, along
L.C. Aw. 7716 :5 to R.
Keelikolani at Hienaloli 2, to
a spike in concrete;
6 . 79° 54' 30" 113 .87 feet along Parcel 12, along
remainder of "Laniakea" along
remainder of R.P. 1600 and
1930, L.C. Aw. 387 to
A. B. C. F. M. , to a pipe in
concrete;
7. 175° 54' 30" 79.05 feet along the easterly face
of stonewall, along Lot 2,
along remainder of "Laniakea, "
along remainder of R.P. 1600
and 1930, L.C. Aw. 387 to
A. B. C. F. M. , to a pipe in
concrete;
8 . 169° 26 ' 30" 52 .72 feet along the easterly face
of stonewall, along Lot 2,
along remainder of "Laniakea, "
along remainder of R.P. 1600
and. 1930, L.C. Aw. 387 to
A. B. C. F. M. , to a spike in
concrete;
9. 80° 03 ' 115 .22 feet along the northerly face
of stonewall, along Lot 2,
along remainder of "Laniakea, "
along remainder of R.P. 1600
and 1930, L.C. Aw. 387 to
A. B. C. F. M. , to a pipe in
concrete;
10. 166° 54 ' 167 .38 feet along the easterly face
of stonewall, along Lot 2,
along remainder of "Laniakea, "
along remainder of R.P. 1600
and 1930, L.C. Aw. 387 to
A. B. C. F. M. , to a pipe in
concrete;
11 . 88° 25' 160 .61 feet along Lot 2, along
remainder of "Laniakea, " along
remainder of R.P. 1600 and
1930, L.C. Aw. 387 to
A. B . C. F. M. , to the point
of beginning and containing an
area of 3 .725 Acres .
-2-
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. Section 1 of this ordinance shall take effect
forthwith upon the following conditions : (A) the applicants,
successors or assigns shall comply with all of the stated
conditions of approval; (B) plans for the proposed multiple
family residential development and related improvements ,
including landscaping, shall be submitted for Plan Approval
review within one year from the effective date of the change of
zone. The plans for final Plan Approval shall consider the
General Plan Density Guideline Standards for Multiple Family
Residential developments in the design of the proposed
project. Additionally, the proposed multiple family
residential development and all related improvements such as
landscaping, parking and tennis courts shall be designed and
constructed only on the subject property in conformance with
all applicable requirements; (C) construction shall commence
within one year from the date of receipt of Final Plan Approval
and be completed within two years thereafter ; (D) a drainage
system shall be installed in accordance with the requirements
of the Department of Public Works; (E ) all off-site roadway
improvements shall be in accordance with the requirements of
the Department of Public Works as stated in their memorandum of
July 25, 1988. The plans for these improvements shall be
submitted to the Planning Director and the Chief Engineer
simultaneously with the submission of development plans for
-3-
final Plan Approval . These improvements shall be constructed
in accordance with the standards of the Department of Public
Works prior to issuance of the certificate of occupancy;
(F) the owners, successors, or its assigns shall participate in
any future Improvement District which partially or wholly
propose to improve Kalani' and/or Alahou Streets. The deed
covenant shall be submitted to the Planning Department for
review and approval and recorded prior to the issuance of any
certificate of occupancy; (G) prior to any site work , an
archaeological reconnaissance survey shall be submitted to and
approved by the Planning Department in consultation with the
Department of Land and Natural Resources - Historic Sites
Section and any mitigative measures shall be reviewed and
approved by the Planning Department; (H) should any
unidentified sites or remains , such as artifacts , shell , bone
or charcoal deposits, human burials, rock or coral alignments,
paving or walls be encountered, work in the area affected shall
cease and the Planning Department immediately notified.
Subsequent work shall proceed upon an archaeological clearance
from the Planning Department when it finds that sufficient
mitigating measures have been taken; ( I ) all applicable County
and State rules, regulations and requirements, including those
of the State Department of Health and Department of Public
Works Wastewater Division, shall be complied with; (J) Should
the council adopt a Unified Impact Fees ordinance setting forth
criteria for the imposition of exactions or the assessment of
-4-
impact fees, conditions included herein may, at the developer ' s
election, be satisfied by performance in accordance with the
requirements of the Unified Impact Fees Ordinance; and (K ) an
initial extension of time for the performance of conditions
within the ordinance may be granted by the Planning Director
upon the following circumstances : 1 ) the non-performance is
the result of conditions that could not have been foreseen or
are beyond the control of the applicants, successors or
assigns, and that are not the result of their fault or
negligence; 2 ) granting of the time extension would not be
contrary to the general plan or zoning code; 4 ) granting of the
time extension would not be contrary to the original reasons
for the granting of the change of zone; d) the time extension
granted shall be for a period not to exceed the period
originally granted for performance ( i .e. , a condition to be
performed within one year may be extended for up to one
additional year) ; and 5 ) if the applicant should require an
additional extension of time, the Planning Director shall
submit the applicant ' s request to the County Council for
appropriate action. Further, should any of the conditions not
be met or substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of the ordinance
is declared invalid, such invalidity shall not affect the other
parts of this ordinance.
-5-
. .
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY :
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading :
Date of 2nd Reading:
Effective Date :
-6-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION .5-5 (KAILUA URBAN ZONE MAP)
ARTICLE B, CHAPTER 'ZS (ZONING CODE) OF THE
HAYVAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM MULTIPLE FAMILY 1 EStDEN'TIAL
CRM-Z) TO MULTIPLE FAMILY RESIDENTIAL (MM-1)
AT HONUAULA AND t-IIENALOLI IST, NORTH tcONA,
HAYVA 11.
PREPARED 13'( c PLANNING DEPARTMENT
GouNTY o f HAWAf t
TMK : 7-5-04 = 35 (Pc,RTIoN) 1°E8. 8, I89
N
EXHIBIT "A”
t
Revised
CHANGE OF ZONE APPLICATION 2160Q 8/22/88
PETITIONER: AINA LANI PARTNERSHIP (R87-35) :
REQUEST: RM-2 to RM-1
R. Ruskin Fisher, President of Aina Lani Partnership, has
submitted an application for a change of zone for 3 . 725 acres of
land from a Multiple Residential - 2 , 000 square feet (RM-2) to a
Multiple Residential - 1, 000 square feet (RM-1) zoned district. The
property is located at the south end of Lamaokaola and Alahou
streets in the Lono Kona Subdivision, Kailua Village , North Kona ,
Hawaii , TMK: 7-5-04 :portion of 35.
PROPOSED DEVELOPMENT
1. The petitioner is requesting the change of zone for an
affordable and moderate housing development of approximately 120
units . The proposed RM-1 zoning would allow a maximum allowable
density of 165 units , (165, 440. 88 s. f ./1, 000 s. f.= 165 units) .
2 . The target price for a condominium is projected to be
between $90, 000 and $135, 000 with rentals from $650 to $950 per
month.
3 . The project plan provides for 10 buildings. Each building
is 64 feet by 64 feet, 3 stories in height and containing 12 units.
4. All roads within the development will be private and
maintained by a homeowners association. In addition, all common
areas shall be maintained by the association.
5 . In support of the application, the petitioner has submitted
the following :
SEE ATTACHED REASONS FOR APPROVAL
• Application for Rezone •
• for TMK 3-7-5-4 -35
October 6 , 1987
R E A S O N S
To construct affordable and moderate housing for the
Kailua-Kona area , it is necessary to increase the density
in order to compensate for the excessive and inflated building
costs , infrastructure costs , utility permits and assessment
costs . Land costs are also extremely high in this area .
We would not be increasing the density greater than is
already zoned for abutting residential lots .
The subject property is within walking distance to Kailua
Village business and shopping core , i . e . , medical and dental
offices , restaurants , theatres , churches and all types of
commercial shops . In fact , most types of services required
by higher density residents are within walking distance .
The topography of property slopes gently mauka-makai
providing an ideal building situation for 3-story buildings
with no elevators . These 3-story structures with ground
floor parking garage would not exceed the 45 foot building
height restriction . These buildings would not interfere or
restrict views from adjacent properties .
The building ground coverage is under 25 percent , which is
certainly not excessive . The total area of the project is
3 . 825 acres or 166 , 600+ sq . ft . All roads would be private
and maintained by a homeowners association , which will main-
tain common areas also .
The project plan provides for ten ( 10) buildings ( 12 units
per building ) , 64 feet by 64 feet (4096 sq . ft . per building ) .
This would provide for a total of 120 units . The construction
material would be concrete and /or wood , The plan is to build
in phases ; one building at a time as presales or rentals and
market demands are dictated . We are quite positive , due to the
urgent and critical need for moderate housing , that the project
would be completed in two years . We are targeting price
range of condo at $ 90 , 000 - $135 , 000 and rentals S650 to S950
per month . It would not be feasible to deliver good quality
finished units in this range under current zoning .
Page 3 of 4
f •
_ • Application for Rezone
for TMK 3-7-5-4-35
October 6 , 1987 (Cont . )
In our opinion , all of the above reasons outlined , together
with the housing shortage in the Kailua-Kona area , certainly
follows and meets the County policies outlined in the
"Preliminary Draft " dated May 1986 of the "Hawaii County
General Plan" as outlined in Chapter XIII titled "Land Use" ,
page XIII-37 thru XIII-41 (to Puna) .
AINA LANI PARTNERSHIP
..;;;;L/LI-
R . Ruskin Fisher
Managing Partner
RRF/gjf
Page 4 of 4
s • 1
CHRONOLOGICAL HISTORY OF PREVIOUS ACTIONS :
6 . July 10, 1973 - Letter from Planning Director to Councilman
John Farias concerning the Thurston House Site. Letter stated that
"In our review of the rezoning of the subject property, we have
examined Third Circuit Court records of Civil Action No. 1940. The
purpose of the Civil Action was to allow a change in the use of the
property. The result of the action allowed the subdivision of the
property so that approximately 1. 6 acres could be set aside for
historical purposes and to advance Christianity. We are of the
opinion that the Court decision on the 1. 6 acre portion of the
property has in effect designated said portion as a historic site
with provision for protection of it. In view of the above, the
recommendation for approval of the change of zone still stands .
Consideration of the historical significance of the property has
been taken into account by the Third Circuit Court and the
applicants . We are enclosing copies of the Court decision and the
Clerk' s minutes which should answer questions you may have. Please
especially note the testimony of Mr . Thurston Twigg-Smith in the
Clerk ' s minutes. " (See attached copies)
7 . August 23 , 1973 , Change of Zone Ordinance No. 601 adopted
redesignatinq the subject property from an RD-3 . 75 to an RM-2 zone
designation with the following conditions :
1. If no governmental assistance for the low and moderate
price market is available , the project shall be
developed in three (3) increments. The total number
of units shall be divided into increments of 27 units,
-2-
S • •
24 units, and 24 units respectively. Zoning for the
second increment shall become effective only after
substantial development has occurred on the first
increment. Zoning for the third increment shall
become effective only after substantial development
has occurred on the second increment. In both
instances , substantial development is defined as
construction commenced on a minimum of 25 per cent of
the units within the previous increment;
B. If governmental assistance for the low and moderate
price market is available , the project may be
developed as a single project with no increments
involved;
C . Whether governmental assistance is available or not,
construction shall conform substantially to that as
presented and construction shall commence within one
( 1) year of the date of approval of the change of zone ;
D. The proposed development comply with the goals ,
policies , and standards for multiple residential
developments as outlined in the General Plan document
and comply with all other applicable regulations ; and
E. The developer be responsible for providing and
improving access off of Lamaokaola Street. Should any
of the foregoing conditions not be met, rezoning to a
more appropriate designation may be initiated.
-3-
8. July 25, 1974 - Letter from Planning Director to Reverend
Henry Boshard granting a one year time extension until August 1,
1975 to commence construction on the development. In addition a
progress report within six months was requested to be submitted.
9. June 19, 1975 - Letter from Planning Director to Reverend
Boshard stating that August 1, 1975 commencement date will be
expiring and no plans submitted and no building permits secured to
begin construction of the development.
10. July 14, 1975 - Letter from Planning Director to Ken
Griffin stating appropriate action of subject development has been
referred to Ken Griffin and notifying Mr. Griffin of the time
conditions set forth in the Change of Zone ordinance.
11. July 22 , 1975 - Letter from Planning Director to Mr . David
E. Milotta granting a one year time extension until August 1 , 1976
for compliance with the conditions of the change of zone ordinance
and also requested a progress report within six months of the new
extension.
12 . August 3, 1976 - Letter from Planning Director to David
Milotta, notifying them that progress report not been submitted and
construction commencement date has expired. Asked for status report
of development.
13 . September 16, 1976 - Letter from Planning Director to
Mr. Ken Griffin granting a one year time extension until September
16, 1977 to commence construction of the development and a progress
report to be submitted within six months. This was the third time
extension granted.
-4-
14. March 14, 1977 - Letter from Planning Director to Mr . Ken
Griffin, acknowledging receipt of progress report.
15. September 19, 1977 - Letter from Planning Director to
Mr. Ken Griffin, granting a fourth time extension until
September 16, 1978 with a request for the submittal of a progress
report.
16. August 30 , 1978 - Letter from Planning Director to Reverend
Henry Boshard, granting a one year time extension from the date of
final subdivision approval to commence construction for the fifth
time.
17. September 11, 1978, the Kailua Village Design Commission
voted to forward a favorable recommendation on the Laniakea
Subdivision plans to the Planning Department.
18. September 26 , 1978 - Letter from Planning Director to
Reverend Boshard indicating that previous extension was issued in
error and new one year time extension until August 30 , 1978 is
granted for commencing construction.
19. April 20 , 1979 - Letter from Planning Department to
Reverend Boshard granting a sixth time extension until August 30 ,
1980 for commencement of construction.
20. April 20 , 1980 - The County Planning Commission approved
Planned Development Permit no. 39 for Kona Development Associates.
21. August 8, 1980 - The construction timetable of Change of
Zone ordinance no. 601 was to coincide with the requirements of
Planned Development Permit no. 39. The new time construction date
was then April 10 , 1982 .
22 . April 15, 1981 - The County Planning Commission granted a
one year time extension until April 10 , 1982 .
23 . July 29, 1982 - The County Planning Commission approved a
time extension request until April 11, 1983 .
24 . May 12 , 1983 - A third time extension was approved by the
County Planning Commission until April 11, 1984 .
25. December 6, 1983 - Letter from Planning Director to Ruskin
Fisher acknowledging the change in the developer' s title from Kona
Development Associates to Aina-Lani Incorporated.
26. September 12 , 1984 - Letter from Planning Director to
Ruskin Fisher , granting a six month time extension until March 11,
1985 for commencement of construction of the development. In
addition, PDP No. 39 was also declared void.
27 . March 11, 1985 - Letter from Planning Director to Ruskin
Fisher approving an absolute time extension until August 23 , 1986
for commencement of construction of the development.
28. April 18, 1986 - Request to delete condition no. C of
Change of Zone Ordinance No. 601 received by Planning Department.
29. April 26 , 1985 - Letter from Department of Water Supply to
Planning Department stating that water commitment for proposed
75-unit complex has expired.
30. October 21 , 1986 - Change of Zone Ordinance No. 86-122
adopted with an effective date of October 21, 1986 with the
following changes in Change of Zone Ordinance No. 601 :
1. Condition no. C was amended to read "Construction of
the proposed development shall commence within one
year from the effective date of this amendment and be
completed within two years thereafter . "
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2 . Condition no. E was amended to include and read "The
Planning Director may administratively grant
extensions to the foregoing time conditions. Further ,
should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director may initiate rezoning of the area to its
original or more appropriate designation. "
31. October 9, 1987 - New change of zone application received
by Planning Department requesting change from RM-2 to RM-1. 5.
32 . November 2 , 1987 - The Kailua Village Design Commission
voted to forward a denial recommendation on the subject application
until the road structures can be examined and the traffic pattern is
resolved.
33 . November 12 , 1987 - Letter from Ruskin Fisher , requesting a
change in the zoning designation from an RM-2 to an RM-1
classification.
COUNTY AND STATE PLANS
34 . The General Plan Land Use Pattern Allocation Guide (LUPAG)
Map designates the property for Medium Density Urban Development.
Such a designation may allow multiple residential uses at a maximum
density of 35 units per acre provided that applicable goals ,
policies and standards of the General Plan may be met.
35 . The State Land Use district classification is Urban.
36. The Kona Regional Plan designates this area for Residential
(RES-10) uses.
-7-
37. This property was rezoned from a Double Family Residential
RD-3 . 75 to the current RM-2 zoned district by Change of Zone
Ordinance No. 601 adopted on August 23, 1973 .
38. The subject property is situated within the Kailua Village
Special District and the Kailua Village Design Plan land use plan
designates this area for residential uses .
39. The property is not in the Special Management Area (SMA) .
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
40. The subject property is currently vacant of any structures.
41 . According to the U. S.D.A. , Soil Conservation Services Soil
Survey Report, the property is of the Punaluu Series (rPYD) .
42 . The Flood Insurance Rate Map (FIRM) designates the property
as Zone "C" (Area of minimal flooding) .
43 . Surrounding land uses include the Lono Kona Subdivision,
vacant lands , scattered single family residential development and
the Keopu Drainage channel to the south.
UTILITIES AND SERVICES
44 . Water is available from the County water system.
45. Access to the property will be from Lamaokaola Street and
down through Kalani Street to Kuakini Highway. Streets within the
Lono Kona Subdivision have a 40 foot wide right-of-way with
approximately 16 feet of pavement.
46 . All other essential utilities are available to the subject
property.
-8-
AGENCIES/COMMENTS
47. KAILUA VILLAGE DESIGN COMMISSION
At its meeting of November 2 , 1987, the Kailua Village
Design Commission voted to forward a denial recommendation
on the proposed change of zone because of the inadequacy of
the existing road systems and the negative impact this
development would have on these existing systems.
48. SOIL CONSERVATION SERVICE
"According to the North Kona Flood Plain Management study
the depression running mauka-makai in the northern third of
the property is in the 100 year flood hazard area. During
the storm of February 1982 , floodwaters from the Keopu
Stream did flow through this area . Four buildings are
proposed in this flood hazard area. "
49. PARKS AND RECREATION
"The North Kona district is serviced by County Facilities
totalling 34 acres. "
50. STATE DEPARTMENT OF HEALTH
"Municipal drinking water and wastewater treatment systems
or their equivalents are recommended as the most
appropriate alternatives because of the magnitude of the
proposed project. The projected concern is the maintenance
of the water quality of the receiving waters. "
51. POLICE DEPARTMENT
"Following review of the proposed change of zone from the
police standpoint, we conclude that the development would
have an adverse effect on traffic in the area. Of greatest
-9-
concern is the Kalani Street/Kuakini Street intersection
which would be utilized as an entry/exit to the area.
Congestion at that intersection is presently considerable. "
52 . DEPARTMENT OF WATER SUPPLY
"Based on the prevailing water situation in the area, water
can be made available from 6- inch waterlines along Alahou
and Lamaokaola Streets. Pursuant to the Water Commitment
Guidelines Policy, a copy of which is attached, a water
commitment deposit must be remitted so that a formal water
commitment may be issued. Based on the 120 units requested
in the proposed multi-family residential development, the
required water commitment deposit is $18, 000 . Your
remittance of $18, 000 is requested as soon as possible so
that a water commitment may be formally issued. The
commitment will be in writing with specific conditions and
effective dates stated. Please keep in mind that this
letter shall not be construed as a water commitment. In
other words , unless a water commitment is officially
effected, water availability is subject to change depending
on the water situation. Upon the issuance of a formal
water commitment, we shall inform the Planning Department
of our comments and and requirements for tentative
subdivision approval . "
53 . DEPARTMENT OF PUBLIC WORKS MEMORANDUM DATED JULY 25, 1988
o DPW acknowledges receipt of Transpo ' s Traffic Impact
Assessment for project; DPW will review for its
adequacy/acceptability - current backlog is three weeks.
-10-
° Developer ' s proposed off-site improvements:
( i) Existing pavement widths of both Kalani and
Alahou Streets will serve as the primary access
route to the project, are approximately 18 feet
with little or no shoulders.
( ii) Both Kalani and Alahou Streets will be
resurfaced and widened to minimum 20 feet width
with a six (6) foot wide pedestrian walkway on
one-side and a three (3 ) foot shoulder on the
other. An A .C. berm or "fog-line" will be
installed between the edge of pavement and
pedestrian walkway.
( iii) Construction plans reflecting the above
improvements will be prepared by a Hawaii
licensed professional engineer and submitted to
DPW for review and approval ; and these
improvements will be constructed prior to
occupancy of any of the units .
° Off-site improvement cost estimate will be prepared and
submitted by Bob Bennett to DPW for review and
concurrence. It will include consultant ' s cost to
prepare construction plans . The major unit prices
agreed to are: a.c. paving ($80-$100/ton) ; excavation
($10/c.y. ) ; 4" base course and 6" subbase (both $30/c.y. )
-11-
° Developer agrees to record with the Bureau of Conveyance
deed covenant which mandates its owner ( s) , successors ,
or its assignees, to voluntarily participate in any
future Improvement District, which partially or wholly,
proposes to improve Kalani and/or Alahou Streets . Deed
covenant draft shall be submitted to DPW for review and
approval and recorded prior to building certificate of
occupancy or earlier .
° All development generated runoff shall be disposed of
on-site ; no runoff may be disposed into existing Keopu
Channel. Pre-existing runoff may be directed to
existing ditch near entrance to project site, with DPW' s
prior consent. Standard drywell (Detail R-40)
capacity: 6 cfs.
54 . NO ADVERSE COMMENTS/OBJECTIONS :
DLNR, DOE
55. NO RESPONSE:
STATE HIGHWAYS, OHCD, FIRE , KONA-KOHALA CHAMBER, R & D .
-12-
R. skin Fisher
Aina-Lani Partnership
P. 0. Box 4129
Kailua-Kona, HI. , 96745
*(808-322-3301)
August 11, 1988
Mr. Albert Lono Lyman, Director
Planning Department, County of Hawaii
25 Aupuni Street
Hilo, HI. , 96720
Subject: Change of Zone (R87-35) TMK 7-5-04:35
Dear Mr. Lyman:
We have worked out with Public Works engineers, Bruce McClure and
Robert Yanabu an agreement to provide offsite road improvements
as a condition of granting RM1 zoning for our subject property
(copy enclosed) . These conditions should complete those listed in
the original draft "Findings and recommendations" 2/4/88.
We respectfully request to be on the Agenda of the Planning Commission
Hearing, August, 1988.
Sincerely,
ge".°11.1
R. Ruskin Fisher
Aina-Lani Partnership
This letter hand delivered 8/12/88
R. Ruskin Fisher
Aina-Lani Partnership
P. 0. Box 4129
Kailua-Kona, HI. , 96745
*(808-322-3301)
August 11, 1988
Mr. Hugh Y .
1e. Y. Ono, P.E.
Chief Engineer, Department
of Public Works
Count': of Hawaii
25 Aupuni Street
Hilo, HI. , 96720
ATTN: Mr. Robert Yanabu, Chief of Engineering Division
Subject : Change of Zone (R87-35) TMK 7-5-04 :35
Under separate cover, Robert Bennett, Bennett P.S.&E. , Surveyors and
Engineers has forwarded to you his acknowledgement of the agreement
reached at a meeting held in Bruce McClures office on July 20, 1988 .
A revised offsite construction estimate of the August 2, 1988 submission
is attached hereto.
The partnership and Roy Moore, builder/developer are in complete agree-
ment with your memorandum of July 25, 1988. We will comply with the
offsite improvements as agreed to at the July 20th meeting, and con-
firmed by your memo of July 25, 1988.
It should be noted that this improvement project is conditioned that
our property is rezoned from R.212 to RM1. We will also comply with
storm drainage solutions noted on page 2 of your memorandum.
As to construction estimate it should be noted that final quantities per
item are determined by Civil Engineer plans and specs as approved by DPW.
The final cost per item will be determined by contractors bid per item
as shown on engineers plans.
Our legal counsel, Robert Smith, will prepare covenant deed as required.
All of these items will be submitted to DPW prior to any construction.
Page -2-
August 11, 19:.8
We are looking forward to the finalization of the rezone application at
the August Planning Commission Hearing.
We have preliminary development plans ready for final completion upon
rezone approval . Our financing is in jeopardy as it has been nearly a
year in processing our application.
Should there be any additional items you feel we should consider, please
contact me so that I can expedite the solution beforethe Hearing.
Yours truly,
/ /
R. Ruskin Fisher , Mgr. Partner
Aina-Lani Partnership
OWNERS: Mr. & Mrs. Robert A. Bennett
Mr. & Mrs. R. Ruskin Fisher
xc: Albert Lono Lyman, Planning Director
Robert Bennett
Attachment
This letter hand delivered 8/12/88
.
ENCTNEERING ESTIMATE OF
OF OFF-SITE ROAD IMPROVEMENTS
August 11, 1988
TMK 7-5-04 :35
REVISED Construction estimate of Robert Bennett's correspondence of
August 2 , 1988.
1. A. Preparation of engineering plans and specifications and
quantities. $4500
B. Surveying for x-sections and topog details; and
construction staking. $3500
2. Widening excavation including sidewalk and shoulder. $14,850
3. Backfill - base course as required by excavation
including sidewalk. $6750
4. Asphalt overlay mat and 6' sidewalk. $48,610
$78,210
10% Incidentals 7,821
Total $86,031
` y,
DEP<aFTL EW T OF PUBLIC Vt`C ^1:5
COUNTY OF HAWAII
HILO, HAWAII
AMMAN/
DATE July 25, 1988
TO Distribution List
FROM Robert Yanabu, Chief, Engineering Divisio I ,'
SUBJECT:
CHANGE OF ZONE (R87-35)
TMK: 7-5-04:35
Applicant: R. Ruskin Fisher
o DPW acknowledges receipt of Transpo' s Traffic Impact Assessment for
project; DPW will review for its adequacy/acceptability - current
backlog is three weeks.
o Developer' s proposed off-site improvements :
( i) Existing pavement widths of both Kalani and Alahou Streets,
which will serve as the primary access route to the project, are
approximately 18 feet with little or no shoulders.
•
(ii) Both Kalani and Alahou Streets will be resurfaced and widened to
minimum 20 feet width with a six (6) foot wide pedestrian
walkway on one-side and a three (3) foot shoulder on the other.
An A.C. berm or "fog-line" will be installed between the edge of
pavement and pedestrian walkway.
(iii ) Construction plans reflecting the above improvements will be
prepared by a Hawaii licensed professional engineer and
submitted to DPW for review and approval ; and these improvements
will be constructed prior to occupa56i of any of the units.
o Off-site improvement cost estimate will be prepared and submitted by
Bob Bennett to DPW for review and concurrence. It will include
consultant' s cost to prepare construction plans. The major unit prices
agreed to are: a.c. paving ($80-$100/ton); excavation ($10/c.y. );
4" base course and 6" subbase (both $30/c.y. )
o Developer agrees to record with the Bureau of Conveyance deed covenant
which mandates its owner(s) , successors, or its assignees, to
voluntarily participate in any future Improvement District, which
partially or wholly, proposes to improve Kalani and/or Alahou Streets.
Deed covenant draft whall be submitted to DPW for review and approval
and recorded prior to building certificate of occupancy or earlier.
.
° All development generated runoff shall be disposed of on-site; no
runoff may be disposed into existing Keopu Channel. Pre-existing
runoff may be directed to existing ditch near entrance to project site,
with DPW' s prior consent. Standard drywell (Detail R-40) capacity:
6 cfs.
Meeting participants: Messrs. Ruskin Fisher, Bob Bennett, Bob Yanabu,
Bruce McClure (partially)
Date/Time: July 20, 1988 at 1 p.m.
References: R.F. (322-3301 )
Distribution List : Participants
Planning Department
Traffic Division
August 25, 1988
Mr. Albert Lono Lyman, Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
RE: Change of Zone (R87-35) TMK 3-7-5-4:35 Aina-Lani Partnership
Dear Mr. Lyman:
Aina-Lani Partnership has no intent or any agreement with
Mokuaikaua Church to utilize the Thurston Historical site
(TMK 3-7-5-4:2) .
Our development plans of buildings, parking, amenities,
drainage, etcetra, are all contained on our own (fee simple)
3.825 acres as referenced above.
Sincerely,
4 ;e7'
-uskin Fisher, Mgr.
Aina-Lani Partnership
P. 0. Box 4129
Kailua-Kona, Hawaii 96745
RRF/gjf (808) 322-3301
xc: Robert Bennett, Partner
Rev. Henry K. Boshard of
Mokuaikaua Church
AINA-LANI PARTNERSHIP
is/o R . Ruskin Fisher
P .. O. Box 4129
Kai�lua�Kona , HI . , 96745
* ; (808) 322-3301
October 6 , 1987
Mr . Albert Lono Lyman , Director
County of Hawaii
Planning Department
25 Aupuni Street
Hilo , Hawaii 96720
Dear Mr . Lyman :
RE : TMK 3-7-05-03 : 35
Honuaulo and Hienaloli
North Kona , Hawaii
We are respectively requesting an extension to the con-
ditions outlined in Ordinance No . 86122 and also amending
or rezoning the property to RM1 . 5 , which is less than the
existing zoning on abutting lots on West and North . The
explanation and reasons are outlined on attached applica-
tion for a change of zone .
Sincerely , / /
R . Ruskin Fisher
Managing Partner
RRF/gjf
Page 1 of 4
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPRATMENT
•
APPLICANT: R . RUSKIN FISHER
APPLICANT 'S SIGNATURE:
ADDRESS : P . 0 . BOX 4129 , Kailua-Kona , Hawaii 96745
TELEPHONE: (808 ) 322-3301
REQUEST FROM: RM2 TO: RM1.b
TAX MAP KEY: 3-7-05-04 : 35 AREA OF PROPERTY: 3 . 825AC .
(size of parcel)
OWNER: AINA-LANI PARTNERSHIP
OWNER' S SIGNATURE:
Ruskin Fis er , Managing Partner
APPLICANT ' S INTEREST , IF NOT OWNER:
(If lessee, must be for at least another 5 years from date of
application)
APPLICANT 'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach)
1. Please explain how the requested change of zone would be
consistent with the goals, policies, and. courses of action
( if applicable) of the General Plan document. Also, please
indicate specifically which goals , policies , and courses of
action are involved. (Copies of the General Plan document
are available at public libraries and at the Hawaii County
Planning Department. )
2 . Please state any other reasons for your request.
THIS APPLICATION MUST BE ACCOMPANIED BY:
(1) 16 copies of the completed application form.
(2 ) 16 copies of a location map.
(3 ) 16 copies of a site plan with existing and proposed uses
(e.g. , structures, topography, proposed subdivision) .
(4 ) 1 copy of appropriate questionnaire.
(5) Any additional information.
(6 ) $100 . 00 processing fee
(7 ) One (1) copy of full.-size site plan drawn to scale. Site
plan should include property lines , reference points
(roadways, shoreline, etc. ) , and existing and proposed
structures and uses. Site plan shall be 2 feet by 3 feet
in size at a minimum.
(8) Legal description of the property in map and written form
by metes and bounds as certified by a surveyor .
P.D. 4/87 _
0435q •
Page 2 of 4
•
Application for Rezone
for TMK 3-7-5-4-35
October 6 , 1987
R E A S O N S
To construct affordable and moderate housing for the
Kailua-Kona area , it is necessary to increase the density
in order to compensate for the excessive and inflated building
costs , infrastructure costs , utility permits and assessment
costs . Land costs are also extremely high in this area .
We would not be increasing the density greater than is
already zoned for abutting residential lots .
The subject property is within walking distance to Kailua
Village business and shopping core , i . e . , medical and -dental
offices , restaurants , theatres , churches and all types of
commercial shops . In fact , most types of services required
by higher density residents are within walking distance .
The topography of property slopes gently mauka-makai
providing an ideal building situation for 3-story buildings
with no elevators . These 3-story structures with ground
floor parking garage would not exceed the 45 foot building
height restriction . These buildings would not interfere or
restrict views from adjacent properties .
The building ground coverage is under 25 percent , which is
certainly not excessive . The total area of the project is
3 . 825 acres or 166 , 600+ sq . ft . All roads would be private
and maintained by a homeowners association , which will main-
tain common areas also .
The project plan provides for ten (10) buildings (12 units
per building) , 64 feet by 64 feet (4096 sq . ft . per building) .
This would provide for a total of 120 units . The construction
material would be concrete and/or wood , The plan is to build
in phases ; one building at a time as presales or rentals and
market demands are dictated . We are quite positive, due to the
urgent and critical need for moderate housing , that the project
would be completed in two years . We are targeting price
range of condo at $90 , 000 - $135 , 000 and rentals $650 to $950
per month. It would not be feasible to deliver good quality
finished units in this range under current zoning .
Page 3 of 4
•
Application for Rezone
for TMK 3-7-5-4-35
October 6 , 1987 (Cont . )
In our opinion , all of the above reasons outlined , together
with the housing shortage in the Kailua-Kona area , certainly
follows and meets the County policies outlined in the
"Preliminary Draft" dated May 1986 of the "Hawaii County
General Plan" as outlined in Chapter XIII titled "Land Use" ,
page XIII-37 thru XIII-41 (to Puna) . .
AINA LANI PARTNERSHIP /
ti
‘/.2:(;;;:03;17.19'
R . Ruskin Fisher
Managing Partner
RRF/gjf
Page 4 of 4
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1514 - ItiAILUt1-KONA, HAWAII 9G�4 r1 -- V , /•
September 21, 1988 C-1790
Thomas A. Krieger, Chairman
PLANNING COMMISSION
Bill 639 - Rezoning - R. Ruskin Fisher
September 20, 1988
September 20, 1988
Committee on Planning
•
(A.-.11471.
OFFICE OF THE COUNTY CLERK
HAWAII COUNTY BUILDING
COUNTY OF HAWAII
HILO, HAWAII 96720
Oct. 5, 1988
Refer: Bill 639/C-1790
To: Planning Commission
Re: Rezoning Request - R. Ruskin Fisher
Honuaula and Hienaloli, North Kona
TMK: 7-5-04:Portion of 35 (3.725 acres)
The following is the action of the Hawaii County Council adopted at
its meeting held today
Approve and adopt PC Report
NQ.. 381.
COUNTY CLERK
Att.
cc: Planning Dept. , , 1 79'0
OEM
Mayor , Na.
�. �,. �• OCT 1988
Date:
•
• •
REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 26, 1988 Re: Comm . 1790
PLACE: Councilroom
TIME: 1: 30 p.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 639,
regarding the rezoning request of R. Ruskin Fisher, Honuaula and
Hienaloli , North Kona, Hawaii, TMK: 7-5-04:Portion of 35, reports as
follows:
Bill No . 639 amends Section 25-89, Article 3 , Chapter 25 of the
Hawaii County Code , by changing the district classification of
3.725 acres of land from Multiple Family Residential (RM-2) to
Multiple Family Residential (RM-1 ) .
The subject property is located in the Lono Kona Subdivision in
Kailua-Kona.. The applicant plans to build approximately
120 apartment units . The sale price of the condominium units will be
between $90 ,000 and $135,000 and the rental rates will range from
$650 to $950 per month. The condo units will be housed in
10 separate buildings . Each building will be three stories in height
and contain 12 units .
The General Plan designates the property for Medium Density Urban
Development. The State Land Use district classification is Urban.
surrounding- properties are zoned MU.ltiple Family Residential (RM-1 ) ,
Double Family Residential (RD-3'.T5)- and Unplanned.
Water and all essential utilities are available to the proposed
development.
Your Committee on Planning is in accord with the intent and purpose
of Bill No . 639 and recommends that it pass first reading .
fl"
I - _.DI INGO, AIRMAN.
ir
r�s
a ,r 6,s
S Pg CER K. • STTE VICE CHR. FRANK DE LUZ. III, ' EMBER
A '�' - '� HAKU INS :", MEMBER
.ERWOOD R. H. erEENWELL, M :+ BE •RRA �`
i / (' m,' 'A ..
\,/ SELL S. KOKUBUN MEMBER MERLE ' . LAI, MEM:''
LA/TN PC REPORT No 381
ADOPTED: