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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 ti 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: - 2 - . !ice/ i . 1 - A\ .' ‹),-Q1c , L• AaR1cUl. I I ` o J "K ArjT ) Ut_TU? L 0 D - 0 IJF�uo �, •353°2B' DN I.JO 35.00 I-• a oa�j�J 2°'A! Z'i On YI— 0��A'9 5ri.00 ___ -__.___- - --- - m �,t 69.00 163°29 •351°30'50' 106•80 T 1 39 AGRICULTURAL TO URBAN AREA = 1.81 ACRES •5 Z • 4 O AeretcuLTURAL L 167°33' Z 111,70 L MAKAL,gA L I I- J 1 - O 3 Z - -5 - . \ AGI421CUL-muRAL U ,a.ICf;'tiGUL.TURAL_ Q r 7 l7 J -- i -<- - r\ 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 • 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 -2- 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. -4- 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. " -5- • • 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 . -6- 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 I ,.. m. 7-3-20 . . _. ........____Ir.......,.„;,,',,•'''',1-4001=1= ,, ''•,! c ....i L pi.do.7' '7. -...... 0 .••,' r • , wieswer, /0 ." R ,„..,. :" 0 ....., --," # ,A,„- ,,, ..,, ::„,v .,,,,.‘,..-.„. - -," • o i .., .• e •. f: (.001ALa 0 •II : • •0.. of \ ,...,„. •- TV"7,47 2/ . • ''V. e"....'Or ,....,•• :11. „?••• ,,,,,,. ,.., . t.,•• — - -• --- 0,, , . i / .# ,,,,,„,...c .....,.0,, i:,7..reTjf..ze,, e.- • °:::„, .1.7;'T. ...........Vr/.11.e."'7'4'2'1..7:4;.i(:::::::10'..•T:. ,• ..•••, : - 1 0 - . ,,,, . , • ''',..'' - a 7..7;.‘-',4 rf:r.• . ..--,,....., .1...,:‘'.:i'-'-,.,. '''' .'-''''. ..„,' ' , . n. •....An•...... ',W ' t rie'a,,,.,' .VO t A ■ .....4 x ® 0 4/- • .. ' -••• • -.::;••■••..v.^ ' I : ....,,.,...., Ili'Fa • -, It•r• ;1''''''' ''4:k. 1-,';''''.''' ' •=f. t • - , .„.,-4",` .. p '. r -.21:11'"":: ; 1® ;.'. . , • 'i,. 040Pe ,-Atot ., : i ! • , . -,fP . - .,,, . - P•At ,\ i I.•••• .' to•••• la,•••• /B.•••• IL".•1' -0i".'' '. ' ',es', te••••I el.•••, ".•'•• Clk ..rr■-tiV., \ ,.. •8.••••• -•1' : .• \ I 'llit'. ..•4.1•*i / 4.:`, . ....... .... cs MAMALAHOA HIGHWAY' f•...••• ••le edo 1 •s•••• i - I - I 1... • t. t .. Z.' .- ...-. .0•LAT ea i, 7 ' . ,t •• .of • i ,.. ' t sr MM.••••••• • VALI IWO wait or TAX . 3 1460 POO IWO PROM?,AAAAA KIN PUSPOSIS 7 3 111, WOW,VO 01.ANOI lot/ o.1 bil • . ea.. .•.nen •••1111111 reum N•W•II 1,......n.•••••. 9.a.•••, • . .• . 1 ( 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 - rr 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: - 5 - 't / ' Lli A-Ma • 2 Z A-3.4 D A-3 a 0 0 1.7 • t -rr 0 w b 353.28 N p 35•0o L J 01 Ado 0 o !..■`- I.2 it ..J `9 GP'T'e A ` 2°4J •t,n .0 ss-oo A a m �q-6 ` 5°2S' 11 AOTRIMUL 1 P L A-1q ` 6e.00 o I FAMILY les°2e 3sl°3o'so•' T meao ` �2-ate RESII7ENT1Al- (RS-I ) • AREA = 1-81 AG1"? Z �o oe 7o X Cr ` r 9, ➢ • TT O 1J 67°33• A-19 X IIL7o A-3 ■ MAKALgA` 9 I #o A- 4 1- O Z \ • ]1 A-Jq Y A- q I A-let 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- 7-3-20 JRO .a :' . 'F rare ••,...... ' • 41 r rLAT\ 0• ),t R. r n N golowr) X71► T O r : ♦ �•V.$tti r v f I 0. CM,•N�,/ T 3 l op'', 1• Ar/L.IHO/ ? „ - , N. } • '• ■ ; ,.....•• 7r 1, O' ••O O.rh \c '• ��1t //YI—r. j T )i • = j ' , ...0 2f%7.' �,�.j•"�l•" .. •iii �. • :,, & _ r• r \ - •y• J•■ /•I••4 .I.))•I /l.If)• , ' • • • S 'T,1+'y , ,�Irr4� .y 4 !•a i i. LT •• 'J rp .... lc •� V 001/4 .I•,•4 ,).•••4 .)•sl• ) .. \ /I.04f4 �: AMAIALANOA — _____' N/GHWAY y.A. '-l (•) +per. . ■ j — 1 •J - Ic Ar co Z 1 t •7 ■ 3 1460 ~;.°.� • 1•N. •.. I•,M•r MNIM INN/ NAWC////.••••••ti r,• r , ,� . TAX vaLgiev KW UAL PROgBY rA)ArroN NM/e31! 7 MU ro truNU Qli!•''' r.r • s • `' 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 vr r Amp ' 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 :