HomeMy WebLinkAboutCOM 1789.000 1984-1988 PLANNING COMMISSION
•J"E 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 and State Land Use Boundary Amendment
Michael A. Jacobs
Tax Map Key 7-3-20 : 5
The Planning Commission, after a duly held public hearing on
August 30, 1988 voted to recommend for your approval the attached
legislative bills to change the State Land Use district from
Agricultural to Urban and the County zoning district
classification for 1. 7 acres of land from an Agricultural 1-acre
(A-la) to a Single Family Residential - 15, 000 square foot
(RS-15) zoned district at Kaloko, North Kona, Hawaii .
The Commission concurs with the following Planning Director ' s
findings:
The approval of the reclassification from the State Land
Use Agricultural to the Urban District, as well as the
rezoning of the property from an Agricultural 1-acre (A-la)
to a Single Family Residential-15, 000 square foot (RS-15)
zoned district, will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes , nor will the
reclassification actions be inconsistent with the Hawaii Land
Use Commission Rules, the County General Plan and the Hawaii
State Plan.
The request conforms to the LUPAG Map of the General
Plan which designates the property for Alternate Urban
Expansion. Such a designation may allow urban development
and residential uses provided that applicable goals,
policies, and standards of the General Plan can be met.
Comm. No. ,789
N
Ref. To:, pc
Ref. Date,_... SEP 2 0 198a
.
r .
Honorable Stephen K. Yamashiro, Chairman
and Members of the County Council
Page 2
The LUPAG Map component of the General Plan is a
representation of the document' s goals, policies, standards
and courses of action. It is also a graphic depiction of the
physical relationship between various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas
within the County. The area under consideration is
consistent with the urban form established for this section
of the North Kona District as depicted on the LUPAG Map.
The property is situated in close proximity to the
employment center of Kailua-Kona. As such, it is at a
location which will complement the Land Use Commission Rules
which states that in determining the boundaries for Urban
District, "It shall include lands characterized by
'city-like ' concentration of people, structures, streets,
urban level of services and other related land uses, "
"Proximity to centers of trading and employment
facilities . . . ," and "proximity to basic services such as
. . . schools, parks, and police and fire protection. " The
request will also conform to the Land Use and Residential
elements of the General Plan which basically state to zone
urban-type uses in areas with ease of access to community
services and employment centers and with adequate public
utilities and facilities. The property is provided with all
utilities and services which are essential to accommodate the
proposed development. The applicant has secured rights to a
water commitment to accommodate the proposed development.
While concerns were expressed regarding the current roadway
situation, these can be mitigated by certain conditions of
approval.
The property has no severe geological or topographic
problems which cannot be properly rectified or which would
render the land unusable for the proposed residential use.
Therefore, the reclassification does meet the standard which
states that lands included within the Urban District " . . .
shall be those with satisfactory topography and drainage and
reasonably free from the danger of floods, tsunami and
unstable soil conditions and other adverse environmental
effects. "
While the property is within the State Land Use
Agricultural and County' s A-la districts , it is not used for
agricultural purposes. Therefore, the reclassification
actions will not adversely affect the agricultural resources
of the area. From a land use perspective, then, it is a
Honorable Stephen K. Yamashiro, Chairman
and Members of the County Council
Page 3
feasible alternative to infill urban development within this
particular area of Kona bordered by the Hawaii Belt Road, Old
Mamalahoa Highway, and Makalapua Road.
The proposed land use amendments for the purpose of
creating single family residential lots would also be
consistent with the General Plan Housing goals of providing a
variety of housing choices, as well as attaining a diversity
of socio-economic housing mix within this area of Kona. The
provision of 10, 000 square foot sized lots, along with other
existing and proposed residential lots in the area would
provide a myriad of residential sized lots within this
section of the North Kona District. Based on the above, it
is determined that by allowing the proposed development for
the types of potential clientele, the Housing goals of the
General Plan may be attained for this area of the North Kona
District.
Furthermore, the proposed reclassification actions will
complement the exiting and future residential land use
make-up of the surrounding properties; thus, providing for an
orderly residential development of the area.
Finally, it should be noted that the reclassification
actions would also conform to the following goals,
objectives, and/or policies articulated in The Hawaii State
Plan:
a. (Provide) Greater opportunities for Hawaii' s people to
secure reasonably priced, safe, sanitary, livable homes
located in suitable environments that satisfactorily
accommodate the needs and desires of families and
individuals.
b. (Provide for) The orderly development of residential
areas sensitive to community needs and other land uses.
c. Effectively accommodate the housing needs of Hawaii ' s
people.
d. Increase home ownership and rental opportunities and
choices in terms of quality, location, cost, densities,
style, and size of housing.
e. Promote design and location of housing developments
taking into account the physical setting, accessibility
•
Honorable Stephen K. Yamashiro, Chairman
and Members of the County Council
Page 4
to public facilities and services, and other concerns of
existing communities and surrounding areas.
f. Facilitate the use of available, developable, and
underutilized urban lands for housing.
Based on the above discussion, it is determined that the
granting of the State Land Use district boundary amendment
and change of zone requests 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 the State
Land Use Boundaries Map and an amendment to Section 25-87, the
North Kona Zone Map, of the County Zoning Code are transmitted.
We are enclosing a copy of the application and a copy of the
staff background for your information.
Sincerely,
al-- - 1.'`'''
Thomas A. iege�\J
Chairman, lanning Commission
Enclosures % ,\\-5 (,---1 °-(`
xc: Mark Van Pernis
Department of Public Works
Department of Water Supply
Planning pffice - Kona
/APPRO4E ' /
f (4•�
."■TE K. CARPENTER, MAYOR
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COUNTY OF HAWAII ESTATE OF HAWAII
Bill No. 637
ORDINANCE NO.
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-7
FOR THE COUNTY OF HAWAII , BY CHANGING THE DISTRICT
CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT
KALOKO, NORTH KONA, HAWAII , COVERED BY TAX MAP KEY 7-3-20 : 5 .
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. The State Land Use Boundaries Map, H-7 for the
County of Hawaii, is amended to change the district
classification of property described hereinafter as follows :
The district classification of the following area
situated at Kaloko, North Kona, Hawaii, shall be Urban:
Beginning at the Northwesterly corner of this parcel of
land, being also the Southwesterly corner of Lot 9 and
being a point on the Easterly side of the North Kona Belt
Road, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "MOANUTAHEA" ,
being 14 ,033 . 68 feet South and 8, 083 . 06 feet West and
running by azimuths measured clockwise from True South:
1 . 245° 48 ' 363 . 60 feet along Lots 9 and 12 and
along Land Commission Award
7715, Apana 11 to Lota
Kamehameha to a point;
Thence, for the next four ( 4 )
courses following along the
Westerly side of the Mamalahoa
Highway, the direct azimuths
and distances being :
2. 353° 28 ' 35. 00 feet to a point;
3 . 2° 41 ' 55. 00 feet to a point;
4. 5° 25 ' 68 . 00 feet to a point;
5 . 351° 30 ' 50" 92 . 33 feet to a point;
i
6 . 69° 33 ' 333 .70 feet along Lots 3, 2, and 1
and along Land Commission
Award 7715, Apana 11 to Lota
Kamehameha to a point;
7. 167° 33 ' 111.70 feet along Land Commission
Award 7715, Apana 11 to Lota
Kamehameha to a point;
8 . 93° 28 ' 10 .00 feet along the Easterly side
of the North Kona Belt Road to
a point;
9. 183° 28 ' 106 .80 feet along the Easterly side
of the North Kona Belt Road to
the point of beginning and
containing an area of 1 .81
Acres , more or less .
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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AMENDMENT TO THE STATE LAND USE
BOUNDARIES MAP
AMENDING THE STATE LAND USE BOUNDARIS
MAP, H-7 FOR THE COUNTY OF HAINAtt, SY
CHANGING THE Ot TR1CT CLASS11=tCAT1ON • 01v1
THE AGRIcuLTURAL TO THE URt3AN DISTRICT
AT KALOKO, NORTH 1�ONA, HA VAII_
PREPARED is-r. = Pt-ANNING IBC-PAI"RTMN-r
COUNTY oP HAI/4AI!
TM = 7-a-21:::) c S AUC3_ le, MSS
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EXHIBIT "A"
2221Q 8/2/88
MICHAEL A. JACOBS : STATE LAND USE BOUNDARY AMENDMENT (SLU 87-11)
CHANGE OF ZONE (R87-31)
Michael A. Jacobs has submitted a petition for a State Land Use
boundary amendment for 1.7 acres of land from the Agricultural to
the Urban District. Also requested is a change of zone for the
affected property from an Agricultural 1-acre (A-la) to a Single
Family Residential-15,000 square foot (RS-15) zoned district . The
property is located between the Hawaii Belt Road and Mamalahoa
Highway, approximately 850 feet south of Kaloko Drive, adjacent to
and north of the Kaloko Houselots Subdivision, Unit 2, Kaloko, North
Kona, TMK: 7-3-20 :5.
GENERAL INFORMATION
1 . In 1985, the State Legislature amended Chapter 205, Hawaii
Revised Statutes, allowing the counties to process State Land Use
district boundary amendments involving land areas of fifteen acres
or less, except those lands within the State Land Use Conservation
District .
2 . As a result of this change to the State Statute, the County
Council enacted Ordinance No . 86 126 ( Chapter 28) effective
November 25, 1986, which sets forth procedures for the processing of
such State Land Use district boundary amendments . This ordinance
also allows the simultaneous processing of State Land Use district
boundary amendments with other land use amendments and permits .
3 . In February of 1987, the Planning Commission adopted its
Rule No. 13 which establishes specific procedures for the processing
of State Land Use district boundary amendments.
0
Y
PROPOSED DEVELOPMENT
4. The applicant intends to subdivide the property into five
15,000+-square foot sized lots. The applicant does not intend to
construct any single family dwellings on the property.
5. In support of the requests, the applicant stated the
following :
(Refer to attached REASONS FOR REQUESTED CHANGE/
DESCRIPTION OF PROPERTY AND PROPOSED DEVELOPMENT)
STATE AND COUNTY PLANS
6 . The General Plan Land Use Pattern Allocation Guide (LUPAG)
Map designates the area as Orchards/Alternate Urban Expansion. The
Orchards designation refers to those lands though rocky in character
and content may support productive macadamia nut, citrus, and other
similar agricultural products. The Alternate Urban Expansion
designation may allow for the consideration of possible urban
development when designated urban areas are largely developed or are
developing too slowly. It also applies to potential urbanizing
areas where their development is not imminent due to inadequate
infrastructure, demand; or in areas where the urban form of a
community has not yet been firmly established. However , in order to
consider Alternate Urban Expansion areas for urban-type uses, the
applicable goals, policies , and standards of the General Plan must
also be met .
7 . The State Land Use district classification is
Agricultural . In 1981, under the old procedures where all State
Land Use boundary amendments were processed by the State Land Use
Commission, the applicant and Robert Palmer submitted a similar
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Y
4 . REASONS FOR REQUESTED CHANGE/DESCRIPTION OF
PROPERTY AND PROPOSED DEVELOPMENT
The subject property is approximately 78 ,000 square
feet in size, and is located about 4 miles from the central
business district of Kailua-Kona, and is generally surrounded by
long existing houselots and residential subdivisions. In that is
is in a long established neighborhood of house lots of generally
less than 15,000 square feet each, the property speaking
practically, is a non-conforming parcel. The applied for use
will bring the land into practical conformance with its
neighborhood.
The subject property is approximately 1,450 feet or
less above sea level and rainfall averages 60 or less inches per
year. Its slope ranges from 0 to 20 degrees.
Map No. 76 of the U.S.D.A. Soil Conservation Service' s
Soil Survey of the Island of Hawaii classified the soil within
the subject property as Kaimu extremely stony peat (rKED) over
a'a lava. Permeability is rapid, runoff is slow, and the erosion
hazard is slight. The Land Study Bureau, however, in its
Detailed Land Classification for the Island of Hawaii classified
the area as having Honuaula and Pahoehoe soil, consisting of
moderately fine volcanic ash with Pahoehoe lava outcrops. No
flooding or erosion problems exist or have occurred in the known
past.
4
Map No. 12 of the Land Study Bureau' s Detailed Land
Classification for the Island of Hawaii gives the subject
property a Master Productivity Rating of "Fair" or "Poor" .
Based on the Flood Insurance Study for the Island of
Hawaii, performed by the Federal Insurance Administration, the
subject property is not situated within a designated flow plain,
but rather in an area of minimal flooding.
The subject property is not listed on the Hawaii
Register and/or the National Register of Historic Places, or as a
place determined eligible for inclusion in the National Register
of Historic Places. The applicant knows of no historic or
archaeological features on the property. At one time in the past
the property may have been used for growing coffee. The property
has been entirely graded (bulldozed) in the past and its
topography changed to accommodate the residence and related
improvements construction on it within the last decade.
The property has frontage on Hawaii Belt Road (a
highway 80 feet of right of way, and 22 feet of pavement) and on
Mamalahoa Highway (30 feet of right of way, 11 feet of pavement
plus shoulders) .
The property has not had any agricultural use for many
decades, and the petitioner feels that its small size, residental
environment and rocky terrain make it unsuitable and unlikely for
economically practical agricultural use.
The property is in an area used primarily for
residences and desirable for residential use because it is not
-2-
in an overly dense urban area and is very close to urban services
and employment centers. The property, when developed, will
contribute towards filling the current need for low density,
residential house sites in a convenient urban or suburban
location with all conventional residential amenities, which is a
need primarily of middle income groups, particularly families
employed within the North Kona and South Kohala areas.
The land appears to be designated as alternate Urban
Expansion on the County of Hawaii General Land Use Pattern
Allocation Guide (LUPAG) Map. Public Services and facilities for
the applied for use and zoning appear to be entirely adequate or
superior, except for the absence of a municipal sewerage system
in the area. Cesspools would be used, in conformance with County
and State standards. Police and Fire services are available in
Kailua-Kona at a distance of approximately 5 miles. Electric and
Telephone services exist on or adjacent to the property. Public
schools are nearby at Kealakehe and Holualoa. Water service is
also on or adjoins the property. The property is a participant
in the Kona Source Agreement (in the name of the applicant' s
partner Robert C. Palmer or in the name of applicant Michael
Jacobs) . If there is insufficient water rights or commitments
available for the proposed subdivision, the applicant is willing
to have as a condition or reclassification and/or as a condition
of zoning, that the property have a recorded covenant that it not
be subdivided into any number of lots greater than the number of
water rights or commitments available and assigned to the
property.
-3-
a
The circumstances, timing, and policies for
reclassification and residential zoning of this all appear to be
present now. The irrational incongruity and unfairness of having
this approximately 78 ,000 square feet "house lot" in a
neighborhood of less than 15,000 square feet house lots also
should to be resolved now.
-4-
request with the Land Use Commission. The Planning Department
submitted testimony in opposition to that request for two reasons:
1) lack of water for the proposed development; and 2 ) the
substandard condition of Mamalahoa Highway. The then State
Department of Planning and Economic Development (DPED) also
recommended denial of that request. The Hearing Officer who
conducted the hearing on behalf of the State Land Use Commission
recommended denial of the boundary amendment request . However,
prior to the Land Use Commission taking action on the request, the
applicants withdrew their application.
8 . The Kona Regional Plan was adopted by the Planning
Commission in 1984 (Resolution No. 1 84 ) as its official document to
guide all of its decisions within the Kona area. This plan suggests
an Agricultural 1-acre (A-la) to an Agricultural 3-acre (A-3a)
zoning for the property.
9 . The County zoning designation is Agricultural 1-acre (A-la) .
10. The property is not within the Special Management Area
(SMA) .
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
11. According to the U.S.D.A. , Soil Conservation Service's Soil
Survey, the land is of the Kaimu Series which consists of thin
organic soils over A' a lava. Permeability is rapid, runoff is slow
and the erosion hazard is slight.
12. The Land Study Bureau 's overall master productivity rating
for agricultural use is Class "C" or Fair .
13 . The property is classified as "Other Important Agricultural
Land" on the State Department of Agriculture' s Agricultural Lands of
Importance to the State of Hawaii (ALISH) classification system.
-3-
14 . The elevation of the property is approximately 1,450 feet
above sea level with a slope ranging from 0 to 20 percent .
15. The area receives approximately 60 to 80 inches of rainfall
annually.
16. The Flood Insurance Rate Map (FIRM) designates the area as
Zone "C" (Area of minimal flooding) .
17 . There are no known archaeological or historic sites on the
property.
18 . There is an existing single family dwelling on the
property. The remaining area is vacant of any uses. In the
submittal, the applicant stated that "At one time in the past the
property may have been used for growing coffee. The property has
been entirely graded (bulldozed) in the past and its topography
changed to accommodate the residence and related improvements
construction on it within the last decade. "
19 . The other lots within the Kaloko Houselots Subdivision are
also zoned A-la, but are non-conforming since the sizes of the lots
range from 11,000+ square feet to 16,000+ square feet . These lots
are used for single family residential purposes. Within that area
bordered by the Hawaii Belt Road, Old Mamalahoa Highway, and
Makalapua Road, there are 17 lots. The subject property is the only
lot within this area which is more than 23,000+ square feet in size.
UTILITIES AND SERVICES
20. Electrical and telephone services are available to the
subject property.
21 . A fire station is located in Kailua Village, approximately
5 miles away.
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22. There is no municipal sewage system serving this area of
Kona. Cesspools are used as a means of sewage disposal.
23 . The subject property has frontage on Hawaii Belt Road which
has a right-of-way width of eighty (80) feet with a twenty-two (22)
foot wide pavement. The property also fronts on Mamalahoa Highway
which has a right-of-way width of thirty (30) feet, with a pavement
width of 8 to 11 feet. Makalapua Road, which connects the Hawaii
Belt Road with the Old Mamalahoa Highway, has a right-of-way width
of 40 feet with a 20-foot wide pavement with 4-foot grassed
shoulders.
24. Water is available to the property.
25. All other essential utilities and services are available.
AGENCIES ' COMMENTS
26. DEPARTMENT OF WATER SUPPLY:
"The proposed subdivision has a water commitment for four
(4) additional units or lots through the Kona Source Agreement II
program. The developer shall comply with all other applicable
requirements of our Rules and Regulations for subdivision approval. "
27. STATE DEPARTMENT OF AGRICULTURE:
(Refer to Department of Agriculture ' s October 8, 1987
and April 20, 1981 letters)
28. STATE DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
"We have no objections to the proposed action under the
subject application and our comments are as follows:
"1. No additional storm runoff due to the development of
the parcels shall be allowed on the State ' s
right-of-way.
"2 . All access shall be from Mamalahoa Highway. "
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•
•
JOHN WAIHEE a o SUZANNE SUZANNE D.PETERSON
GOVERNOR 1 CHAIRPERSON, BOARD OF AGRICULTURE
M1t TADASHI TOJO
DEPUTY TO THE HE CHAIRPERSON
s„•:v
State of Hawaii
DE PARTMENT OF AGRICULTURE Mailing Address:
1428 So. King Street P.O. Box 22159
Honolulu, Hawaii 96814-2512 Honolulu, Hawaii 96822-0159
October 8, 1987
MEMORANDUM
To: Mr. A. Lono Lyman, Director
Planning Department, County of Hawaii
Subject: Petition for Amendment to the State Land Use
District Boundaries (SLU 87-11) and
Change of Zone Application (R87-31)
A-la to RS-15
Michael A. Jacobs
TMK: 7-3-20: 05 North Kona, Hawaii
Acres: 1.794
The Department of Agriculture has reviewed the subject
application and has the following comments to offer.
According to the our records, this parcel was the subject
of an earlier petition for an amendment to the State Land Use
District Boundaries (A81-507) (see attached copy of our
memorandum to Mr. Hideto Kono, dated April 20, 1981) . Please be
apprised that our comments to Mr. Kono remain applicable.
Thank you for the opportunity to comment.
jfel/14441
SUZANNE D. PETERSON
Chairperson, Board of Agriculture
Attachment
cc: LUC
DBED
Lk
April 23, 1)31
',Er tCR^ D,,.a
To: +r. 'li deto :ono, ''irector
:;erart^-:ent of '13nninn and Economic Develerrent
~ `,ut act: 'atitien ^r in ;Tenement to the !tate Land "^n
3istrct :our�?aris -
V
1.obert '7"..
�a1ner
T':Y.• . --)-2r':_ :;orth `..ona, Ha%!aii
n rent. of. }.'.lriculture as revie1"ed tt e subject annlicat,r+'t and
The , e arL.. .. t;�_
offers ca r.ents.
.}scot,'i,..r, +o the Land ^tua,! `•urnc�lt a` :at i i l ed L?nd ''l i ss i f i c':1 the
^ • -t. • I '�+�•�r ''2,' is rair iist'aa �f 'jeer 'oe is
'aster ."r. ;�,:,�ivi ,.•� . a�.,, c" � _ .. _..
stagy. ?`,.. the :1^^.l ; ,-i- off'. :°s' ` ,rticu1'r
has - r^n r•. t.y.. ,•c Df or 7razidc ?nr; -7^r ^,rc:.ar:.
It is cur c:oinion .',,ar_ n tlrean lesiqnat ion of this - rcel 'rnul ? censtituce
+ c :ot -,cte the su`ect 'arse l is carviwiched het•.,nen
lots cf oenerail r an
s'?lur^ feet. Therefore, ° ? :ol'nVe
some relief s;ioul.; z Provided. Perhaps in the Fore' of a County variance.
Thank you for the opportunity to comment.
JCH1 FARIAS. JR.
Chairran, Board of Agriculture
•
cc: '4r. Sidney Fuke, Director
Planning Department, County of Hawaii
29. STATE DEPARTMENT OF HEALTH :
"Owner needs to stipulate that the approximate location of
the existing cesspool does not violate the required nine ( 9) feet
from the edge of the cesspool to the property lines. "
30. DEPARTMENT OF PUBLIC WORKS :
We have reviewed the subject application and our comments
are as follows:
The County maintains this portion of the Mamalahoa
Highway and Road "A" at the Kaloko Houselots Unit 2 .
Road "A" is known as the Makalapua Road. It has a
right-of-way width of 40 ' , a pavement width of 20 '
with a 4 ' of grassed shoulders. This road is in fair
condition. The Old Mamalahoa Highway is very
substandard. Its right-of-way width is 30 ' . The
pavement width is 8' in poor condition.
The pavement should have a minimum width of at least
14 feet , in order to allow two-way traffic, before
this area is rezoned.
31 . NO ADVERSE COMMENTS/OBJECTIONS:
POLICE; KONA SWCD; REAL PROPERTY TAX DIVISION; PARKS AND
RECREATION; EDUCATION.
32 NO RESPONSE :
RESEARCH & DEVELOPMENT; AND FIRE .
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COUNTY OF HAWAII PLANNING DEPARTMENT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
APPLICANT: MICHAEL A. JACOBS
APPLICANT'S SIGNATURE:
c/o Gallup & Van Pernis (Mark Van Pernis
MAILING ADDRESS :, Post Office Box 1837
Kailua-Kona, Hawaii 96745
TELEPHONE: (BUS) 329-3551 (HOME)
LANDOWNER: MTCHAET, A JArnRq
LANDOWNER'S SIGNATURE:
TAX MAP KEY: 3/7-3-20-5
LAND AREA: 1. 794 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban
THE APPLICANT SHALL SUBMIT THE FOLLOWING:
A. Non-refundable filing and processing fee of two hundred dollars.
B. Original and fifteen copies of:
1. Application form.
2 . Location map. - See attached map/plan and Tax Map (where property
is shown in yellow)
3 . Preliminary site plan, drawn to scale, with all existing
and proposed structures and improvements shown thereon.
See attached map/plan (of Wes Thomas & Associates)
4 . Reasons for the requested change and written description of
the property and proposed development, including but not
limited to:
a. The extent to which the proposed reclassification
conforms to the applicable goals, policies, standards,
and courses of action of the General Plan and
implementing ordinances, plans and documents ; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2-foot by 3-foot presentation map requested under B.3,
above. See attached map/plan
0400q
PD 2/26/87
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COUNTY OF HAWAII STATE OF HAWAII
Bill No. 638
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) ,
ARTICLE 3, CHAPTER 25 ( ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-la) TO SINGLE FAMILY RESIDENTIAL (RS-15 ) AT KALOKO, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-20 : 5 .
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 25-87, 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 Kaloko, North Kona, Hawaii, shall be Single
Family Residential (RS-15) :
Beginning at the Northwesterly corner of this parcel of
land, being also the Southwesterly corner of Lot 9 and
being a point on the Easterly side of the North Kona Belt
Road, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "MOANUTAHEA" ,
being 14, 033 . 68 feet South and 8, 083 .06 feet West and
running by azimuths measured clockwise from True South:
1. 245° 48 ' 363 . 60 feet along Lots 9 and 12 and
along Land Commission Award
7715, Apana 11 to Lota
Kamehameha to a point;
Thence, for the next four ( 4 )
courses following along the
Westerly side of the Mamalahoa
Highway, the direct azimuths
and distances being:
2. 353° 28 ' 35. 00 feet to a point;
3 . 2° 41 ' 55 . 00 feet to a point;
4 . 5° 25 ' 68 .00 feet to a point;
5 . 351° 30 ' 50" 92. 33 feet to a point;
6 . 69° 33 ' 333 .70 feet along Lots 3, 2, and 1
and along Land Commission
Award 7715, Apana 11 to Lota
Kamehameha to a point;
7. 167° 33 ' 111 .70 feet along Land Commission
Award 7715, Apana 11 to Lota
Kamehameha to a point;
8 . 93° 28 ' 10 .00 feet along the Easterly side
of the North Kona Belt Road to
a point;
9. 183° 28 ' 106 .80 feet along the Easterly side
of the North Kona Belt Road to
the point of beginning and
containing an area of
1 . 81 Acres, more or less .
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following: (A) the applicant, successors
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) subdivision plans shall be
submitted for tentative approval within one year from the
effective date of the change of zone. Final subdivision
approval shall be secured within one year from the date of
receipt of tentative subdivision approval; ( C) besides the
existing single family dwelling, another single family dwelling
shall constructed on one of the proposed lots within three
years from the date of receipt of final subdivision approval;
(D) a drainage system meeting with the approval of the
2 -
Department of Public Works shall be installed; (E ) no access
shall be allowed from the Hawaii Belt Road. Access to the
proposed lots shall meet with the approval of the Department of
Public Works; (F) a 10-foot wide future road widening strip
along the frontage of Old Mamalahoa Highway shall be set aside
and delineated on the subdivision plans . Further, the pavement
of the Old Mamalahoa Highway from Makalapua Road to the
property shall be widened to a minimum of fourteen feet with
3-foot wide oil-stabilized shoulders or to the extent allowed
by the physical constraints of the right-of-way. Such
improvements shall be provided in conjunction with subdivision
approval and shall meet with the approval of the Department of
Public Works; (G) all other applicable laws , rules , regulations
and requirements be complied with; (H) an annual progress
report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the zone change. The
report shall address the status of the development and the
compliance with the conditions of approval . This condition
shall remain in effect until all of the conditions of approval
have been complied with and the Planning Director acknowledges
that further reports are not required; ( I ) should the council
adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact
fees, conditions included herein may, at the applicant ' s
election, be satisfied by performance in accordance with the
- 3 -
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requirements of the Unified Impact Fees Ordinance; and ( J) 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; 3) granting of the
time extension would not be contrary to the original reasons
for the granting of the change of zone; 4) the time extension
granted shall be for a period not to exceed the period
originally granted for performance ( i .e. , a condition to be
performed within one year 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.
- 4 -
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:
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AMENDMENT TO THE ZONING CODE
AMENIDING SE 'T`ION -.5-87 (NORTH KONA ZONE
MAP) ARTICLE B, CHAPTER -2.s (ZONING CODE)
OP THE HAYVA11 COUNTY =ODE , BY CHANGING
THE DISTRICT CLAS51t=1=AT1ON FROM AGM--
CULTURAL. (A- la) TO SINGLE l=AM%LY RE91 -
17ENT1AL (RS- 15) A`T- KAL.OKO , NORTH KONA,
HA1NA11
PRaPARED EllY : PLANNING OC-PARTMENT
COUNTY oP HAVAANII
TMK : 7-3-20 = S AUG_ le, 1°J99
EXHIBIT "A"
•
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: MICHAEL A. JACOBS
APPLICANT'S SIGNATURE:
c/o Gallup & Van Pernis (Mark Van Pernis)
ADDRESS: •. •
Kailua-Kona, Hawaii 96745
TELEPHONE: 329-3551
REQUEST FROM: AG-1 TO: RS-15
TAX MAP KEY: 3/7-3-20-5 AREA OF PROPERTY: 1. 794 acres 7�
(4Lze os pance.c1
OWNER: MICHAEL A. JACOBS
OWNER'S SIGNATURE:
APPLICANT'S INTEREST, IF NOT OWNER:
(IS Ze44ee, mcat be Son at teaa-t another 5 yeau Strom date os app!2eation)
APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (P&eade attach)
1 . Please explain how the requested change of zone would be consistent
with the goals, policies, and courses of action (d.s appF,icabtc) of the
General Plan document. Also, please indicate specifically which goals,
policies, and courses of action are involved. (Cop,i.ea os the Gene/at
Plan document cute ava.JJab.ee at pub.e i.c £.Lbnuh,i.ed and at the Hawaii
County Planning Depah ttnen t. )
2. Please state any other reasons for your request.
THIS APPLICATION MUST BE ACCOMPANIED BY:
45,
(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.
17) 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.
P.D. 2 5/84
•
ATTACHMENT
Residential Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to suodivioe
the subject land in accordance with tne 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? 1 . 794
b. Into what lot sizes? 15, 000 s. f. or
more
c. If your request is approved, approximately how long
after the date of approval do you expect to suomit
your subdivision plans to the Planning Department within approximate l
for preliminary approval? one (1) year or
availability of
d. Do you intend to build houses on the newly created infrastructure
lots? No present
intention
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
tne subdivision, would tne first house oe
available for occupancy?
If you intend to suodivioe, please suomit a See attached map/
preliminary schematic subdivision plan together plan prepared by
with your change of zone application form. Wes Thomas &
Associates, Inc.
2. If you have no firm plans of suooividing the subject area,
0o you intend to:
a. Sell or lease the land to someone who has firm
plans? N/A
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
lbw? By adding to the available inventory of vacant residential
house lots in the Kailua-Kona area at competitive,
reasonable prices.
4. Are there any buildings on the suoject area? vP�
If so, what kind? a residence
What do you intend to oo with those buildings if your
request is approved?
The existing residence will remain as a residnce
on one of the 15/000 s. f. lots that would be
created by subdivision, in compliance with all
set-back and other governmental requirements.
-2-
5. Is the subject land currently being used for any
agricultural activitity? no
If so, please list the kinds of products grown ano on
how many square feet or acres of land per product.
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
No
needs improvement?
If so, what kind?
Is the road adequate for the proposed traffic volume yes
or load?
8. What sort of governmental assistance and/or improvements
do you feel will oe needed in the subject area when
developed?
Yes No
a. Schools x
b. Roads x
c. Sewer x
d. Drainage x
e. Police Protection x
-3-
Yes No
f. Fire Protection
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.
All governmental services are very good, available
and nearby, and are conforming to required government
standards
Signature:
Address:
Telephone:
Date:
-4-
6337A/50A
REASONS FOR REQUESTING A CHANGE OF ZONE
The subject property is approximately 78 ,000 square
feet in size, and is located about 4 miles from the central
business district of Kailua-Kona, and is generally surrounded by
long existing houselots and residential subdivisions. In that is
is in a long established neighborhood of house lots of generally
less than 15 ,000 square feet each, the property speaking
practically, is a non-conforming parcel. The applied for use
will bring the land into practical conformance with its
neighborhood.
The subject property is approximately 1 ,450 feet or
less above sea level and rainfall averages 60 or less inches per
year. Its slope ranges from 0 to 20 degrees.
Map No. 76 of the U.S.D.A. Soil Conservation Service ' s
Soil Survey of the Island of Hawaii classified the soil within
the subject property as Kaimu extremely stony peat (rKED) over
a'a lava. Permeability is rapid, runoff is slow, and the erosion
hazard is slight. The Land Study Bureau, however, in its
Detailed Land Classification for the Island of Hawaii classified
the area as having Honuaula and Pahoehoe soil, consisting of
moderately fine volcanic ash with Pahoehoe lava outcrops. No
flooding or erosion problems exist or have occurred in the known
past.
Map No. 12 of the Land Study Bureau' s Detailed Land
Classification for the Island of Hawaii gives the subject
property a Master Productivity Rating of "Fair" or "Poor" .
Based on the Flood Insurance Study for the Island of
Hawaii, performed by the Federal Insurance Administration, the
subject property is not situated within a designated flow plain,
but rather in an area of minimal flooding.
The subject property is not listed on the Hawaii
Register and/or the National Register of Historic Places, or as a
place determined eligible for inclusion in the National Register
of Historic Places. The applicant knows of no historic or
archaeological features on the property. At one time in the past
the property may have been used for growing coffee. The property
has been entirely graded (bulldozed) in the past and its
topography changed to accommodate the residence and related
improvements construction on it within the last decade.
The property has frontage on Hawaii Belt Road (a
highway 80 feet of right of way, and 22 feet of pavement) and on
Mamalahoa Highway (30 feet of right of way, 11 feet of pavement
plus shoulders) .
The property has not had any agricultural use for many
decades, and the petitioner feels that its small size, residental
environment and rocky terrain make it unsuitable and unlikely for
economically practical agricultural use.
The property is in an area used primarily for
residences and desirable for residential use because it is not
-2-
in an overly dense urban area and is very close to urban services
and employment centers. The property, when developed, will
contribute towards filling the current need for low density,
residential house sites in a convenient urban or suburban
location with all conventional residential amenities, which is a
need primarily of middle income groups, particularly families
employed within the North Kona and South Kohala areas.
The land appears to be designated as alternate Urban
Expansion on the County of Hawaii General Land Use Pattern
Allocation Guide (LUPAG) Map. Public Services and facilities for
the applied for use and zoning appear to be entirely adequate or
superior, except for the absence of a municipal sewerage system
in the area. Cesspools would be used, in conformance with County
and State standards. Police and Fire services are available in
Kailua-Kona at a distance of approximately 5 miles. Electric and
Telephone services exist on or adjacent to the property. Public
schools are nearby at Kealakehe and Holualoa. Water service is
also on or adjoins the property. The property is a participant
in the Kona Source Agreement (in the name of the applicant' s
partner Robert C. Palmer or in the name of applicant Michael
Jacobs) . If there is insufficient water rights or commitments
available for the proposed subdivision, the applicant is willing
to have as a condition or reclassification and/or as a condition
of zoning, that the property have a recorded covenant that it not
be subdivided into any number of lots greater than the number of
water rights or commitments available and assigned to the
property.
-3-
The circumstances, timing, and policies for
reclassification and residential zoning of this all appear to be
present now. The irrational incongruity and unfairness of having
this approximately 78 ,000 square feet "house lot" in a
neighborhood of less than 15 ,000 square feet house lots also
should to be resolved now.
-4-
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September 21, 1988 C-1789
Thomas A. Krieger, Chairman
PLANNING COMMISSION
Bills 637 & 638 - Rezoning and State Land Use,
Michael A. Jacobs
September 20, 1988
September 20, 1988
Committee on Planning
Vh
ctt e,7�-•e71 *.
i
OFFICE OF THE COUNTY CLERK
HAWAII COUNTY BUILDING
COUNTY OF HAWAII
HILO, HAWAII 96720
Oct. 5, 1988
Refer: Bill 637/C-1789
To: Planning Commission
Re: State Land Use Boundary Amendment - Michael A. Jacobs
Kaloko, North Kona
TMK: 7-3-20:5 (1.7 acres)
The following is the action of the Hawaii County Council adopted at
its meeting held today ••
Approve and adopt PC Report
NQ. 379.
e:R. 6. /err:
COUNTY CLERK
Att.
cc: Planning Dept. /'7,5�
Mayor Comm.No. l
File Na. ,..,
Daze: OCT 5 18
REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 26, 1988 Re : Comm . 1789
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. 637,
regarding the State Land Use Boundary amendment request of
Michael A. Jacobs, Kaloko, North Kona, Hawaii, TMK: 7-3-20 :5, reports
as follows:
Bill No . 637 amends the State Land Use Boundaries Map, H-7, of the
County of Hawaii , by changing the district classification of
1 .81 acres of land from Agricultural to Urban use.
The subject property fronts the Belt Highway approximately .four miles
away from the central business district of Kailua-Kona. Its close
proximity to Kailua complements the Land Use Commission Rules which
states that in determining the boundaries for Urban Districts , "It
shall include lands characterized by 'city-like ' concentration of
people, structures , streets , urban level of services and other
related land uses. "
The proposed development will also have ready access to water and all
essential utilities and services..
The adjacent properties,, while zoned Agricultural (A-la) , are all
Less than 16,.000 square feet ins size.
Your Committee on Planning is in accord with the intent and purpose
of Bill No . 637 and recommends that it pass first reading .
�I w `P IRMAN
SPENCER K. UTTE, VICE CHR. FRANK DE LUZ III, MEMBER
0 • / alb
HERWOOD R. H. GREENWELL, MEMBE" ORRA E , MEMBER
WINO '
USSELL S. KOKUB N, MEMBER MERL K. LAI, MEM
LA/TN
PC REPORT No, 379
ADOPTED:
+, ;_ a
OFFICE OF THE COUNTY CLERK
HAWAII COUNTY BUILDING
COUNTY OF HAWAII
HILO, HAWAII 96720
Oct. 5, 1988
Refer: Bill 638/C-1789
To: Planning Commission
Re: Rezoning Request - Michael A. Jacobs
Kaloko, North Kona
TMK: 7-3-20:5 (1.7 acres)
The following is the action of the Hawaii County Council adopted at
its meeting held today
Approve and adopt PC Report
NQ. 380.
COUNTY CLERK
Att.
cc: Planning Dept. /` /
Mayor comm.No.
File No. i
Daft MO..
,P^ 'Ike REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 26 , 1988 Re : Comm. 1789
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 . 638,
regarding the rezoning request of Michael A. Jacobs, Kaloko,
North Kona, Hawaii, TMK: 7=3-20:5, reports as follows:
Bill No . 638 amends Section 25-87, Article 3, Chapter 25 of the
Hawaii County Code, by changing the district classification of
1 .81 acres of land from Agricultural (A-la) to Single Family
Residential (RS-15 ) .
The subject property fronts the Belt Highway, approximately four
miles away from Kailua Village. Adjacent properties , while zoned
Agricultural (A-la ) , are all less than. 16,000 square feet in size.
The applicant plans to subdivide the property into five lots of
approximately 15,000 square feet each. He does not plan to build any
single family dwellings on the property .
The General Plan designates the property as Alternate Urban Expansion
and for Orchard use. The current State Land Use designation is
Agricultural.. The applicant is petitioning' the, Council,. via
Bill No . 637r to amend the State Land. Use: boundary from Agricultural
to Urban..
Water and all essential utilities and services are readily available
to the proposed development .
Your Committee on Planning is in accord with the intent and purpose
of Bill No . 638 and recommends that it pass first reading .
i' y 1'
,, T.zra I.• ; • i :A IRM
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' kPA
SPENCER K. SCHUT ,. VICE CHR.. FRANK DE LUZ III, MEMBER
te! (12 . A. _ , 1;0 l AL.: .a:..gars 4101 f� .%..fir
e#l°RWOOD R. H. er EE ELL 'T"' E. •RRA ! HAKU-i INO •Y , EMBER
�.I6 `
SSELL S. KOKUBUN, MEMBER MERLE ' . LAI, MEMB7w
LA/TN PC REPORT NO. 380
ADOPTED :