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HomeMy WebLinkAboutCOM 0132.000 1998-2000 i~ 4!, r r~~~~ William G. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho •~A,o,,~ Deputy Managing Director ~IIlIttf~T II~ ~ft~lttiYt 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 Januazy 29, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street - Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 98-8) Applicant: Kailash Chopra `v/ Request: Agricultural to Urban Tax Map Key: 1-7-3:17 State Land Use Boundary Amendment Application (SLU 98-9) Request: Agricultural to Urban Change of Zone Application (REZ 98-26) Request: A-20a to MG-l0a Applicant: Hawaii Electric Light Co., Inc. Tax Map Key: 1-6-3:93 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced applications. Sincerely, ~ , v~ ~ ephen KP .y~mashiro Mayor 012299.MAY Enclosures Cornet. T: n,_ _ cc: Planning Department i' _ ___.~HU PAf ~r1t 3`f i~c . 't ~ _ ~ . ' - - ~ _ 1999 -{~MtY oR Stephen K. Yanmahiro Mayor e~.~. ~ Oi~M'~ ~LIIIYIt~~ II~ ~2C~1TtItt PLANNING COMMISSION 25 Aopani Street, Room 109 • Flit, }txraii %720.4252 (808) %1.8288 Fix (808) %1•%IS iJAN 2 9 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 98-8) Applicant: Kailash Chopra Request: Agricultural to Urban Tax Map Key: 1-7-3:17 The Planning Commission, after a duly held public hearing on January 22, 1999, voted to recommend for your approval the proposed legislative bill to change the State Land Use district from an Agricultural to Urban District for approximately 8.3 t acres of land. The property is located along the west side of the Volcano Road adjacent to the County's Kurtistown Park and Baseyard, and approximately 200 feet north of the Volcano Road-Hale Pule intersection, Kurtistown, Puna, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: The approval of the reclassification from the State Land Use Agricultural to the Urban 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 Hawaii State Plan and the County General Plan. According to the Hawaii Land Use Commission Rules, one of the standards for considering an area for urban reclassification is that "land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans. " The project site conforms to this standard as it is situated adjacent to existing State Land Use Urban designated lands in Kurtistown. The boundary amendment would bring this parcel into conformance with its present zoning designation of RS-20 and with existing surrounding Urban lands. Approval of this request would also eliminate the restriction of developing farm dwellings in accordance with the State Land Use Agricultural designation. With the Urban designation, the applicant would be allowed to construct approximately 18 single family dwellings. The subject property was included in the State Land Use Commission's 5-year boundary review in 1974 for reclassification from Urban to Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Agricultural, however, at that time, the pazcel was in active sugaz cane cultivation. Today, the pazcel remains fallow and is surrounded by urban uses. Surrounding urban lands include the existing Kurtistown Park and County baseyazd on Open zoned lands, a commercial azea located across and makai of the subject property (CV-10), and residential uses (RS-10 lands and RS-20) bordering the subject property along the Volcano Highway. Commercial uses established along the Volcano Highway in the vicinity include the 76 Service Station, U.S. Post Office and Haza Store. Surrounding properties to the north, south and east mainly consist of single family residences. From a land use perspective, it is feasible to expand urban development within this particular area of Kurtistown which is located in the vicinity of existing residential neighborhoods approximately two miles from Keaau Town Center. The lands in this area can be characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Furthermore, an Urban reclassification would complement the existing and future land activities of the surrounding properties and allow the property to be used for activities and uses that aze permitted within an Urban district. The applicant proposes to develop residences in keeping with the permitted RS-20 zoned district. Therefore, the urbanization of the subject property will not contribute toward scattered spot urban development as it is contiguous to existing urban development. The proposed Urban District and residential development would be consistent with the following goals, objectives and policies for the population, economy, social-economic advancement-housing of the State Plan. * A strong, viable economy, characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations for Hawaii's present and future generations. * Physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of Gazing, and of participation in community life. * Promote increased opportunities for Hawaii's people to pursue their socio-economic aspirations throughout the islands. * 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. * Effectively accommodate the housing needs of Hawaii's people. * Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income, and gap-group households. * Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. The Urban reclassification would be consistent with the Economic, Housing, Land Use and Residential goals and policies of the Hawaii County General Plan by Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 creating housing opportunities. The goals, policies, standards and courses of action state the following: Economic Element * Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Housing * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. * Seek sufficient production of new affordable rental and fee-simple housing in the County in a vaziety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regardless of age, sex, mazital status, ethnic background and income. Land Use Element * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need. Single-Family Residential * To maximize choices of single-family residential lots and/or housing for residents of the County. * To ensure compatible uses within and adjacent to single-family residential zoned areas. * To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. * The County shall designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. * Areas shall have basic improvements and amenities necessary for immediate use. * Areas shall be limited to low-density and medium density residential uses. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the spatial relationships among vazious land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. Therefore, changes and requests for boundazy and zoning amendments must be evaluated against both the applicable goals, policies and standards of the General Plan and the LUPAG Map. The reclassification action also conforms to the LUPAG Map which designates the area for Low Density Urban. The Low Density Urban designation include uses such as single family residential development, ancillary community and public uses and convenience-type of commercial uses provided the applicable goals, policies and standards of the General Plan are met. The proposed development would be a reasonable expansion of residential uses that already exist in the area. Also as shown on the General Plan, growth and expaz~sion of Keaau Town towazd Kurtistown is reflected with the redesignation of Orchazds lands to Urban Expansion, which extend behind and above the subject property. These changes were made during the General Plan 1989 review to facilitate growth in this area. As evident by the County's action Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 during the 1989 General Plan Comprehensive Review, there is a need for additional lands to accommodate present and future urban activities for the Puna District. This proposed request is to allow a single family residential development which is allowable under the Low Density Urban designation. The area under consideration is consistent with the urban form established for this section of the Puna District as depicted on the LUPAG Map. Basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water and transportation systems, public utilities and police and fire protection are available. The subject property is located in Kurtistown where existing residential and commercial activity exist. The Kurtistown Pazk is also located adjacent and east of the subject property. The property is located approximately two miles from Keaau Town where police, fire, schools and shopping azeas aze located. The Hawaii Belt Road provides a major transportation link between the Volcano, Keaau, Pahoa and Hilo areas. According to the Department of Water Supply, water can be made available from an existing 8-inch water line along the Volcano Highway. Any drainage system requirements shall meet with the approval of the Department of Public Works. Other utilities, such as electricity and telephone can be made available to the subject development. The Police Depaztment expressed some concerns regarding an increase in traffic. However, the property is already zoned residential. No comments were received from the Department of Transportation, however, the applicant would be required to comply with applicable agency requirements. Based on the foregoing, the request conforms with the Land Use Commission Rules which encourages urban developments in close proximity to existing developments and to existing services and facilities. The project area include lands with no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The subject property is relatively level with a slight grade. According to the Flood Insurance Rate Map (FIRM), the project area is within Zone X, an azea determined to be outside the 500-year flood plain. The project area is also located outside of any tsunami inundation area. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazard Control. The subject property was formally cultivated in sugar cane and therefore, no endangered or threatened species of floral or fauna nor any archaeological sites are anticipated to be found on the subject property. The State of Hawaii ALISH Map classifies the property as Urban Development and the Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "C" or Fair. The subject property was previously used for sugar cane and has remained fallow since Puna Sugar Mill closed their operations about 20 yeazs ago. The property is vacant and not currently being used for active agricultural activities. Thus, the subject property would not remove active agricultural lands from use and can appropriately be used for urban development. Based on the above findings, the approval of the State Land Use Boundazy Amendment from Agricultural to Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County General Plan. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 For your favorable consideration, an amendment to the SLU Boundazies Map H-67, for the County of Hawaii, is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, G %~'fi~f'~~sc~~~f~iE~.- Leonazd Tanaka, Chairman Planning Commission LChopr02.PC Enclosures cc: Mr. Kailash Chopra Depaztment of Water Supply Kazu Hayashida/DOT-Highways,Honolulu State Land Use Commission BChopc0ldog-1/8/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACK RO FPORT KAILASH CHOPRA STA 4 BO ARY MFND NT PP I ATION NO 98 8 - KAILASH CHOPRA has submitted an application for a State Land Use Boundary Amendment from an Agricultural to Urban District for approximately 8.273 acres of land. The property is located on the west side of Volcano Road adjacent to the County's Kurtistown Park and Baseyard, and approximately 200 feet north of the Volcano Road-Hale Pule Road intersection, Kurtistown, Puna, Hawaii, TMK: 1-7-3:17. GENERAL INFORMATION 1. Landowners: The subject property is owned by the following: Frank and Cynthia Duarte and Jack and Rebecca Pierson. All have provided their consent for the submittal of the applications. 2. Subdivision No. 94-132: There is a pending subdivision application on the subject property fled by Jack Pierson and Frank Duarte fora 6-lot subdivision. The applicants have stated that should the State Land Use Boundary Amendment Application be approved, the subdivision application will be withdrawn. APPL•ICANT'S REO TF. T 3. Request: The applicant is requesting the State Land Use Boundary Amendment in order to allow for residential development on the subject property. The applicant proposes to develop the land with dwellings as would be permitted through an existing RS-20 zoning. At the present time, in accordance to Hawaii Revised Statutes, Chapter 205.4-5(4), the existing State Land Use designation of Agricultural would limit development on the subject property to farm dwellings. With an Urban designation, the applicant would be allowed to develop a maximum of 18 dwellings. The applicant has informed us that at the present time he does not intend to subdivide the parcel. Additional Information: (See Exhibit A -Excerpts from the State Land Use i ~ Boundary Amendment Application) ~gttwc+t: gall 3`~ (e-l3~)~ I STATE AND COUNTY PLANS 4. SLU: Agricultural. Adjacent surrounding properties aze within the State Land Use Urban district. The parcel to the reaz falls within the State Land Use Agricultural District. According to department rewrds (SLU 315), the subject property was included in a State Land Use Commission's 5-year boundary review and changed from _ Urban to Agricultural in 1974. At the time, the property was in active cane cultivation by Puna Sugaz Co., Ltd. and there was no intention of urban use of the property. 5. State Plan: The proposed Urban District and residential development would be consistent with the goals, objectives and policies for the population, economy, social- economic advancement-housing. 6. General Plan Consistency: Goals and policies of the Housing, Economic, Land Use and Single-Family Residential Elements. 7. General Plan LUPAG Map: Low Density Urban Development. This designation allows for single family residential development, ancillary community and public uses and convenience-type of commercial uses provided the applicable goals, policies and standazds of the General Plan are met. Lands mauka of the subject area fall within the Urban Expansion designation on the LUPAG map. These changes were made during the General Plan -1989 review to facilitate growth in this area. 8. County Zoning: Residential (RS-20). However, zoning is not applicable when the State Land Use designation is Agricultural. According to Hawaii Revised Statutes, Chapter 205-E, the applicant is entitled to construct farm dwellings, which aze single family dwellings used in conjunction with a farm. 9. SMA: The subject property is not located within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 10. Subject Property: The subject property is approximately 8.273 acres, vacant and has frontage along the Volcano Highway. The land was formerly cultivated in sugar cane by Puna Sugaz Company. It has been fallow since the closure of the sugar company approximately 20 years ago and has not been in active agricultural use. -2- 11. ALISH: The property is classified as Urban development. 12. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 13. U.S.D.A. Soil Type: Keaukaha extremely rocky muck, 6 to 20 percent (rKFD). Keaukaha soils consists of strongiy acid, well-drained and thin organic soils overlying pahoehce lava bedrock. Above the lava, permeability is rapid, runoff is medium and _ the erosion hazard slight. This soil is used for the cultivation of sugarcane. 14. Land Study Bureau Soil Rating: The Land Study Bureau's Overall Master Productivity Rating system classifies these soils aze "C" or "Fair." 15. Drainage: Applicable requirements shall be complied with in accordance with Department of Public Works. 16. Archaeological Resources: Due to the lands being previously used for sugaz cane, the existence of archeological resources are unlikely. 17. Flora and Fauna: Existing vegetation consists of cane, grasses and shrubs that aze typical of fallow sugaz cane land. 18. Surrounding Zoning and Land Uses: The subject parcel is.adjacent to and west of the Kurtistown Park (Open) and County baseyard. Adjacent to the west is vacant residential (RS-20) zoned lands. Existing commercial development along the Volcano Highway (CV-10) is located across and makai of the subject property, including Hara Store, the U.S. Post Office and 76 Service Station. In the immediate vicinity, residential uses (RS-10 and RS-20) line the Hawaii Belt Road leading to Keaau Town which is located approximately two (2) miles to the northeast. PTTRT.T('. SERVICES AIvD FACILITIES 19. Access: Access to the subject property is from the Volcano Highway. 20. Water: Water can be made available to the subject property from an existing 8-inch waterline along Volcano Highway. 21. Wastewater: Wastewater systems shall meet with the approval of the State Depaztrnent of Health. 22. Other Essential Utilities and Services: Telephone and electricity are available to the -3- subject property. Fite and police services are available in Keaau Town approximately two miles to the northeast. A - •N - .O .NT 23. Fire Department (November 9, 1998 Memo): "We have no comments on the above-referenced State Land Use Boundary Amendment Application." 24. Real Property Tax Office (November 6, 1998 Memo): "There are no comments at this time. Delinquent/Amount $826.70. Amount includes tax, penalty, & interest up to 11/30/98." 25. Department of Land and Natural Resources -State Historic Preservation Division (November 25, 1998 Letter): "We have reviewed the subject application and have no comments to offer regarding this matter. Thank you for the opportunity to review this application." 26. Department of Health (November 2, 1998 Memo): "The Department of Health does not have any objection to the proposed State Land Use Boundary Amendment. However, compatible land use activities should be recognized with adjacent properties." 27. State Land Use Commission (October 29, 1998 Letter): "We have reviewed the subject application forwarded by your transmittal dated October 27, 1998, and confum that the subject parcel is designated within the State Land Use Agricultural District. We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application. Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 587-3822." 28. Department of Land and Natm•al Resources -Land Division (November 25, 1998 -4- Letter): "We have reviewed the subject application and have no comments to offer regarding this matter. " 29. Department of Water Supply (See Exhibit B -December 15, 1998 Memo) 30. Police Department (See Exhibit C -November 5, 1998) 31. Office of State Planning: (See Exhibit D -December 2, 1998 Letter) AGENCIES - NO COMMENTS RECEIVED 32. Department of Public Works, Parks and Recreation, Office of Housing and Community Development, Department of Transportation-Hilo/Iionolulu and HELCO. PUBLIC COMMENTS 33. No public comments have been received. -5- :+er-„p-9E :1 :v1 q:^, HILC EP.OKERg L-, 90° 9E5 79pp p, p_ "'mow. CGUNTY GF HAhAII PLA:lkING D£PAR^D;i!~T APPLiCATiO` FOR v^ATE LAND USE BOv`DnP.Y AytiNDI!O?!: (15 ACRES OR LESS) AFPLICANT:,~L( <//d ~ (!%T ~ F.'. r;~i APP:.iCAN:'9 9iG`AT'URt~~1y~ ; MAI:,iNG ADDRv55:_~" 30 b~~ Jl,,~ icl~~~t~~~il TE:.EPHO;.c:: (BUS) P ~ ~ - (HC!?E)~~ASg'- / l~~ LAKDC~;7t:ER: LAyDGh,:rR~.~'. Siv:iATv:t~l ~`Yl~i/c~. ;.7~k."t<+~'_.~ 4 zAx r~Aa K-oY: 7, 3 t7 LAND hREn: ,R• ~ gCof T~ CURP.ENi S-A:: LnSD USE DI S':RICT CLASSIT?CR'=iGV: /9l P,c.QCESTED oiATE LAND USE DI S:P.ICT C:.ASSIFICATION:_ ,d.E',gA~/ Trc l.Pp:.I:~.tiT SriA;,., aGBHIT ^H°. :CL:.C0.'i,iG; h, lion-refundable £SZir,g and procesEing Fee o£ tNO f;undred do'1itrE. B, Or_cina' and :i:tetn ccPiea of: Ar•~lication fo:r. 2. Gccaticn ;*,aY. I. prelimlr,ary site p:ec, 'ra~~r. to scale, w'. ::n all existinc ar,d 2rcposed strucb~res and inprove.,.ents s:^.oxn t`:er?^n. 4. Reason. :c: t`:e ragoested change and xritten description oP ti.e G'LOtC'rtf and p_cposec develocc,ent, includ±^;e but not limited to: a. The extent co u`:ch the .ropoiad rec:a9sificaticn cOniprSia !v the appiicatle coals, po:icleE, stendesr7;, and courses o° action of ti:e Gener•-~1 °lar. ar.d imolemer,tinu ordinances, plans and documents; ar.d T8e axtent to a`.ich the proposed rec:eeaificatior. conforms to the applicab_e district ztandards. C. A mi;,i;;;',:;,; 2-fcc. by J~i'GOt pre9cntetion rt~ap :eouested under s, 3, abo~.~e . ~;o~. EXHIBIT October 6,1998 Kailash Chopra 430 W.Kawili St.ll 9B Hilo,Hawaii 96720 Attn: Planning Director Planning Department County of Hawaii ~ 3 ~',b 25 Aupuni Street, Room 109 ~ ~ ~ Hilo,Hawaii 96720 11II Subject: Reclassification of 8.30 acres,P~~g;1lLstri~¢2~~F:'M.K.: 1-7-003:017 Dear Sir: Along with this letter, I am submitting the following documents for the reclassification of above noted parcel of land in Puna District. (1) Application Form 15 copies (2) Location Map 15 copies (also on Preliminary Plan) (3) Preliminary Plan 15 copies( reduction Sx 11 of 2 ft. x 3 ft.Preliminary) (4) Preliminary Plan 1 copy - 2f t. x 3 ft. (5) Legal Description 15 copies This parcel of land is located in Kurtistown (Puna District) and is about 400 ft. Southwest of Kurtistown Post Office and is adjacent to Kurtistown Park and County of Hawaii Base Yard, for Highway Maintenance. Reasons for Reclassification Request The County Zoning for this Parcel of Land is Rs-20,however the State Land use is Agricultural. As per General Plan for this area is shown as Low Density, as such our request is consistent with both County Zoning and also General Plan use for this area. The proposed development will be complimentary to the areas around this property and we will conform to the applicable County of Hawaii Standards. Note: For your information within approximately 500 ft. radius of this property, the following current activities exist: (a) J- Hara Store, Gas Station & Post office. (b) County Baseyard & Kurtistown Park-Adjacent (c) Residences- front & left (d) Agriculture- front & back We request for favorable action on this matter . Yours truly, ~ Kailash (Joe C~ p~"ra, ApP is P.S.: A check for $ 200/ as Processing Fee ( 1/ 517 dated Oct.6,1998) / O N O T > - A.s.sf /l uf0.!/J 1 . . 1Y fv FIFA/• 014 •,1y 1T..3- 1 4 % cp fit. / ~ ~ 17 ~ "f iy - o, r' _ , pY I L d;~ pL r.. "i.Y v n ,b~''/ 9"+K I..r ©.3T •I S•xa.r ~ ./.r/ .r 1....~ \ P''~ Y IS' I.t \ Gr. Q r9 r~ls G.KOJ4 ~ AwT SL w-. ra O !i ~ =y ~ I~7F Y ~ ~ ~Y/ 4 1 J FD o \ ~ / ~~\bb ~I S O j . F`'~ 4 ~ \o-/1 ~ 2B c. n _ ~ i 0 +J I< r p ,tee 3.:~ e ~ yy, d,i/.~ ~i" it n.at / \ • rY Ner i' I M'r Ar- N' MN ~iC K. Y>..: INJ<T ~er+ % J o _ _ J i• - 3 577 ~1/~`<<cc K K Ora - %~O~tS ~<-fT TnIRO UIV ISIOn ZOHE yEC. PLA- I 7 03 'r/I ~•ti ~.L:: Fats/- ONTAIn IMG PARCT:L ii. K.. "r it d,:i;h SCALE: N norm P191fTEC \ ~ o ~ , 8 ~ 9 J' i ~ ~ I'` ~ ~ ~ y ~i \ ~ \ ~ o _ \ X04 ~ ~ ~ ~~~4 ~ . ii .1 ~ \ \ \F~ I' "k~ ~ ~ ~ _ ~ .r 1 000 0000 0000 - / ~ +t~ ~ ~0.~ N s~~ ~ ~ ~ ~~g ` I ' ~ ~ ~ ~ b ~ ~ ~ ~ ~ 4 ~ ~ o ne.~: M1o.: 99150041 7 SCHELc~E C Tom- ~ ^ 7-~~'~ ~ That certain parcel of lznd being z Remainder of Lot 54, being also the Remainder of Grant SOSO to Bernice P. I. Cook, situate at Olaa homestead Reservation Lots, Olaa, Puna, Island and County of Hawaii, State of Hawaii, being more particularly described as follows: Beginning at a pipe in concrete at the east corner of this parcel of land, being the south corner of Portion of Lots 55 and on the northwesterly side of Volcano Road, F.A.P. No. F-2(4), the 'coordinates of said point of beginning referred to Government Survey Triangulation "OLAA" being 3,030.02 feet South znd 1,464.47 feet West, thence running by azimuths measured clockwise from True South: 1. 42~ 15' 60.22 feet along Volcano Road, F.A.P. No. F-2(4) to a pipe in concrete; 2. Thence along Volcano Road, F.A.P. No. F-2(4), along a curve to the left with a ' radius of 1,949.95 feet, the chord azimuth and distance % being: 39~ 45' 170.11 ~ feet to z pipe in concrete; "J 3. Thence along Volcano Road, F.A.P. No. r^-2(4), along a y'~ curve to the left with a radius of 1,472.40 feet, the chord azimuth and distance being: 36~ OS' 04" 59.90 feet to z pipe in concrete; 4. 40~ 43' 193.77 feet zlong Volcano Road, F.A.P. No. F-2(4) to a on concrete post; 5. 109 07' 657.68 feet along portions of Lot 53, Grant 4840 to Joseph Keahilihau to a pipe in concrete; 6. 214 56' 628.10 feet along Lot 57, Grant 4991 to F.imoku to z pipe in concrete; 7. 302 08' 676.29 feet along Portion of Lot 55 to the point of beginning and contzining an area of 8.273 acres, more or less. Schedule C - Page 1 0~ •If(° Off`, Jb,I~ II /1 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII ~ 25 AUPU NI STREET HILO, HAWAII 96720 c4j~ xlw~" TELEPHONE (909) 981-6660 FAX (BOB) 961-0657 December 15. 1998 D i', _ - ~ T0: Planning Department _ i FROM: Milton D. Pavao, Manager - SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 98-8) APPLICANT - KAILASH CHOPRA TAX MAP KEY 1-7-003:017 We have reviewed the subject application and have the following comments. Based on the prevailing water situation in the area, water can be made available from an existing 8-inch waterline along the Volcano Highway which fronts the property, with a connection size subject to review and approval during the construction design phase of your proposed development. However, prior to issuing a water commitment to the proposed development, the following are requested: 1. The anticipated maximum daily water usage as recommended by a registered engineer must be submitted. The Department reserves the right to make a final determination. 2. In accordance with the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment deposit must be remitted. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with the attached policy. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words. unless a water commitment is officially effected, water availability is subject to change dependjrLq_pniBhi•wrater situation. tali Oiro ~E~Y ~ Planning Department Page 2 December 15. 1998 Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Milton D. Pavao, P.E. Manager BCM:gms copy - (w/att.) Kailash Chopra Mtv wM y~ ~~`'o Wayne G. Carvalho Polite Chief Stephen K. Yamashiro Maynr James S. Correa . •'yi•`~ Deputy Police Chief n o: Ai' ~A1tlifkl II~ ~tI~2ITt POLICE DEPARTMENT _ 399 Kapiolani Street • Hilo, Hawaii %720.3998 - (80819313311 Fax (808) 961.2702 i '~J November 5, 1998 r - , c~ TO VIRGINIA GOLDSTEIN, PLANNING DIRECTOR FROM G. CARVALHO, POLICE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 98-8) APPLICANT: KAILASH CHOPRA REQUEST: AGRICULTURAL TO URBAN TAX MAP REY: 1-7-3:17 Along with the change in classification, the applicant intends to develop the property. This proposal concerns us because we have already received many complaints from residents about the traffic conditions in the area. The applicant lists two existing complexes within a 500-foot radius of their property: J. Hara Store/Keaau Service Station/Kurtistown Post Office; and Kurtistown Ballpark and the County Public Works Baseyard. In addition, the Huina Road and Hale Pule Loop intersections also fall within this radius. All of the existing traffic contributes to hazardous conditions, especially during peak traffic hours. At Puna Traffic Safety meetings, the State has admitted that they have no immediate plans to address these concerns. For this reason, we would be reluctant to support further development along the highway in this area until ameliorating conditions come about. EO:lk EXHIBIT 010385 BENJAMIN J. LAVETANO S ~YOF ~4~ GOVER~C~ 0 ~ 95 .l ? „ ~ _ e „ 1 SEIJI F. NAVA E!~ - DIREC'C4 ~ ~ DEPARTMENT OF BUSINESS, BRADLEY J.MOSSMAN DEPU anitECTCR gt ~ ~ ECONOMIC DEVELOPMENT 8~ TOURISM QQ DIRECTOR, OFFICE OF PIANI~IAG m',.~.R,c~`'~ OFFICE OF PLANNING Tel.: (808) 587-2846 235 South Beretania Street, 6th Flr., Honolulu, Hawaii 96813 Fax: (808) 587-2824 Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 Ref. No. P-7819 December 2, 1998 c~ c~ Ms. Virginia Goldstein _ Planning Director - ~ Planning Department - County of Hawaii - ` 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Deaz Ms. Goldstein: Subject: State Land Use District Boundary Amendment Application (SLU 98-8), Kurtistown, Hawan Tax Map Key: 1-7-3: 17 Applicant: Kailash Chopra The Office of Planning has reviewed the subject application to reclassify an 8.33-acre parcel from the State Agricultural Land Use District to the Urban District in the vicinity of Kurtistown, Hawari. The parcel is designated "Low Density" on the General Plan Land Use Pattern Allocation Guide (LUPAG) map. The parcel is zoned RS-20, which would allow a residential development density of two dwelling units per acre. Tha parcel is situated on Route 11, Hawaii Belt Road, a major highway linking Hilo and the Volcano and Kau regions. It is our understanding from your staff that the application has been filed primarily to bring the State land use classification in conformance with the County General Plan land use designation and County zoning. The General Plan LUPAG map designates a lazge area west and north of the property for urban expansion. The property lies within an area in the Kurtistown-Keaau vicinity that is designated as low density on the General Plan LUPAG maps. Many of the parcels along Route 11 w the north and south of the subject property are already classified in the State Urban Land Use District. The Office does not object to the proposed reclassification, however, we have general concerns regarding development of the property. The application does not provide information as to the intended use of the parcel. Therefore, we recommend that plans for vehiclilaz access to the property and stormwater drainage be coordinated with the State Department of Transportation to avoid negative impacts on traffic flows and safety on Route 11. EXHIBIT ©i1.7 w~ Ms. Virginia Goldstein Page 2 December 2, 1998 Thank you for the opportunity to review and comment. If you have any questions, please contact Ruby Edwazds, (808) 587-2817. Sincerely, n-~ Bradley 7. an Director Office of Planning c: Esther Ueda, State Land Use Commission oEF'-1e•-°c. ~+T ~+t9 O`r'N TH Iiti LLiA F.'TE c:.3~ T3i51c8 F'•'-+= aer-~~-98 11:41 Ff~1 HILO BROKERS LTD 90E ~9 T900 P.02 APPLICAT~ ONN POR S,ATS LAND USB BOJ DARY AMENDMENT fiK ACRES OR LESS) 7 I E 3 awl APPLICANT: ~K~iL f/ ~//t~~ APPLICANT'S 9I6NATURE: ~ r MAILING ADDRESSe ¢3, p ~i 1¢~~~~~~~ p ~q a ~C Y~ TELEPHONE: (BUS) ~~l~~_ 1~ g. (ROME}~gs'_ / LANDOr7NER: cam' r-~ LANDOW?tiER'S 5IGNATUB$~ ~6~ /u.~ ~QrL«Z•~L 4 TAX MA? KEY;_ _ ,3-l- 7- 3 LAND AREA: 1Q• ~ ~ ACnE K CURRENt STAT: LAND U5E DISTRICT CLASSIFICATION: A l___.______. REQUESTED STATE LAND USE DISTRICT CLASSIFICATIONa_ ,U.Q A,V THE APPLICANT SHALL SUBMIT THE ~'OLLOWINGi A. Non-refundable :Sling anQ processing !ee of two hundred doliare. 8. Origin~l and Ei°teen copies ofo 1. Application loam. 2. Location Tap. 3. Preliminary 91te plan, drawr. to scale, wit's nil existing and proposed structures and improvements shown thereon. 4, Reasons for tha requested change end written deactiption of crie property and proposed development, including but net limited t~: a. The extent to which tha propoaad reclassification conforms to the applicable goals, policies, star.dard~, and CO'.IYS@6 0~ action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed rec:neaification conforms to the applicab~e district standards. C, A minimum 2-foot by 3-foot presentation map requested under 8.3, above. 04U.'g PD .:/26'97 G 933'7 October 6,1998 Kailash Chopra ~'.~J 430 W.Kawili St.(I 9B Attn: Planning Director _ ~ J Hilo,Hawaii 96720 Planning Department ~ ~p~ Cj County of Hawaii 25 Aupuni Street, Room 109 ~ ' Hilo,Hawaii 96720 Subject: Reclassification of 8.30 acres,Puna District T.M.K.: 1-7-003:017 Dear Sir: Along with this letter, I am submitting the following documents for the reclassification of above noted parcel of land in Puna District. (1) Application Form 15 copies (2) Location Map 15 copies (also on Preliminary Plan) (3) Preliminary Plan 15 copies( reduction Sx 11 of 2 ft. x 3 ft.Preliminary) (4) Preliminary Plan 1 copy - 2f t. x 3 ft. (5) Legal Description 15 copies This parcel of land is located in Kurtistown (Puna District) and is about 400 ft. Southwest of Kurtistown Post Office and is adjacent to Kurtistown Park and County of Hawaii Base Yard, for Highway Maintenance. Reasons for Reclassification Request The County Zoning for this Parcel of Land is Rs-20,however the State Land use is Agricultural. As per General Plan for this area is shown as Low Density, as such our request is consistent with both County Zoning and also General Plan use for this area. The proposed development will be complimentary to the areas around this property and we will conform to the applicable County of Hawaii Standards. Note: For your information within approximately 500 ft. radius of this property, the following current activities exist: (a) J- Hara Store, Gas Station & Post office. (b) County Baseyard & Kurtistown Park-Adjacent (c) Residences- front E left (d) Agriculture- front & back We request for favorable action on this matter . Yours truly, Kailash(Joe Chopra> App icant P.S.: A check for $ 200/ as Processing Fee ( 11 517 dated Oct.6,1998) 1, . n s+se ,~o 1 s(JJ.1,r~ z0:.. s,. c,,~ ,e~_ ^~o _ 51.1 <<is ~ u fr> y~i -f/~J . j { _ _ ,Ji` - \ ~ r^ Cf~ ~l Vic." I ~ ~ ~ i°• U 1 / ~ Wit- w `T i IT ~ -.t~l'"~-~~-~<9~,p~" Rai ~ I L .v! t~ Qy rw ~ a v+~ J n ~h~ I- V s 1 ~ y -.=y. c~: ~..r "',3T ~~°ca-.. 3E .a.~l . n~%(;~ 1.1 ..P - _ _ \ 6c ~ .4 ~JJS G.KaJb eT SG .u~ i L eo zs ~ N~f, r, ~ C ~ ~ r rE I Iy J'~ + c 2 v ~ c. ' ' 1~'~ o e~~ ; rif r^°t H~.I~.K~ IN]ET ie,~ % u ~Ll~j - _ . ~ 3 577 Ys 1•, iGc"S TnIRO orvlsio+l 02 ZONE SEC. PLA- - I 7 0 3 .NI~'::~L:: (l'/ ONTAlNINC PA PLYL 14 Y... i f,fl:l;. i,/- SCALE: 6J nOTCD PP.1SiF7 1-4sc - rt ~ -5 ~ r~ \ \ o ~ ~ / ~ \ ~7 ~Y ~ +AL ~ ~ n ;,,5~"~ ~ O O O ~ ~ 000 ~ r ',,,t~,~a ~ t4 ~ N ~ •~4 ag ' ~ r,, ~~C+ib2"_ bal ~ L i \ ~ ~ ~ ~ .o~ - ~ n ~ o ~ ~ ne~,~ r:o: 99150041 SCHE~~~E C ~ - 7-~i`3 • ~i7 That certain parcel of land being z Remainder of Lot 54, being also the Remainder of Grant 5050 to Bernice P. Z. Cook, situate at Olaa omestead Reservztion Lots, Olaa, Puna, Island znd County of Ezwaii, State o° Ezwzii, being more particularly described as _`ollows: Beginning at z pine in concrete at the east corner of this parcel of land, being the south corner of Portion of Lots 55 and on the northwesterly side of Volcano Road, rF.A.?. No. F-2(4), ~ the coordinates of said point of begin.r.ing referred to Government Survey Triangulation "OLF_~" being 3,030.02 feet S~uth l1 and 1,464.47 feet West, thence running by azir.,uths measured o... clockwise from True South: l 1. 42~ 15' 60.22 feet along Volcano Road, F.A.P. No. F-2(4) to a pipe ~ in concrete; - ` G 2. Thence along Volcano Road, F.A.P. No. F-2(4), along a ~ curve to the left with a radius of 1,949.95 feet, the chord azimuth ar.d distance being: 39~ 45' 170.11 feet to a pipe in concrete; 3. Thence along Volcano Rozd, F.A.P. No. ?-2(4), along z curve to the left with a radius of 1,472.40 feet, the chord azimuth and distance beinc: 36~ 05' 04" 59.90 feet to a pipe ir. concrete; 4. 40~ 43' 193.77 feet along Volcano Road, F.A.P. No. _-2(4) to a on concrete cost; 5. 109 07' 657.68 feet zlong portions of Lot 53, Grant 4640 to Joseph F~eahilihau to a pipe in concrete; 6. 214 55' 625.10 feet along Lot 57, Grant 4991 to F.imo:•:u to z of De in concrete; 7. 302 OS' 676.29 feet along Portion of Lot 55 to the point o` b=ginning and containing an zrea of 8.273 acres, Wore or less. Schedule C - Page 1 ~~CT-,-ny_„g 1ln :5~ RM C`r'f iti DUi1RTE - ~l+E io1 :8 P. d2 QGT-0T-98 0T :01 PM M. BROKERS LTD B08 '>69 7900 Y. tlL Virginia Goldstein Planning Director County ofitawaii 2S Aupuni 3l. Hilo, lii 96720 ' ite: TMK:3/1-7-3:17 {SU8 94-132) 8.33 acres. Volcano [lwy, Kurtisiuwn - c:- yls• cioldstetn, We understand Kaiiash Chops is submitl:ng a preliminary p,cn along wan an application iA ot'der to chanat the SIJa Land Use desi~natiun from Abp iculure to i lrban. We intend to withdraw our application fur a subdi~•ision (SUI3 94-13Z} in the event Mr. Chopra's application is approved, and ;f he is successful in purchasing the propcrtY in aucsti~~n. Frank Duar.C Date i - ~ `1 t,yntlua DU:1"'1C Dale ( a~~0 FF'i'd9 _ F_UI'~tEUJG IhJC. FRi: 1 PHOIJE 'J0. Oct. u7 1a9~ tJ6:~?Phl Fl JL`-.:~7-95 dc•:4c, rM '-!1LV :F,Ow.FP. _~D db~- ?:b'o ..f0E+ =07 Virginia Gotds:ein Planning nirec;ur Cuan;y of HaN•aii 25 Aupun: St. Hilo, HI yo720 : ~ , _ Re: TVIK:iii-7-.i:.7 8.33 acres, Vvicunu Hu3•, I~unia~oNta r "d' Me. Void±tein. R'e un;ierstand ~::i:aslt Chopru .ubmiaing a prdi;nintu}~ pan along a itl: an application in rrdcr to change the Star: ?•and t ise designation from .A.gricu;:ure :n Urban. a e SnlCai.l iU ~Nt~lQrili~~ 04r apj];ICLIIV...~'C a 111OCI1'i?}pll ~ L3 Y~f-:.i„) tii Lil: CYCR'. .'fit:, Chopru`s applicatior. is app: wed, and ii ne is successful Lt purchrsine the pronertY it quest i++n. r i to Ly~;c U'1ntnin !J:tartc L`a;e T._T^ Oct 20 98 02:40p Jar'• Pierson 80Q-325-2227 p.l OCT. 15 '98 10 168f1 F. qN BUILDING SUPPLIES 808 5. 5821 8.2 Virgin;aGoldstrin 'cry ; i'i'1 i ~ti , Planning Director County of Hawaii Hilo, FI1 9(1720 Re: TMK:3/1-7-3:17 (S 118 44.132) - 8.33 acres, Voladna Nwy, Kurtistown Ms. Goldstein, We understand Kaiiash Chopra is submitting a rrciiminnry plan along with an applicarion in order to change the State Land Use desiprwion from A}gicultute to Utbatt. We intend to withdraw our application for a subdivision (St 1R 94-132) in the event Mr. Chopra's application is approved, and if he is successful in purchasing the property in question. Frank Duane Date C'.}ntthia Duane Date /n ~ ~ ~'-a~ y~ 'l: pier5o,° Date a Pierson Date Went `:or 99150041 Thzt certain parcel of land being z Remainder of Lot 54, being also the Re.<<ainder of Grant SOSO to Bernice P. I. Cook, situate at Olza Eo-.estead Reservztion Lots, Olaz, Puna, Island and County of Eawaii, State of Ezwaii, being Wore particularly described as folloo:s: Beginnir,c at z pipe in concrete at the east corner of this parcel o` lznd, being the south corner of Portion of Lots 55 and on the northwesterly side of Volcano Road, F.A.P. No. F-2(4), the _coordinates of said point of beginning referred to Government Survey Triangulation "OLF4" being 3,030.02 feet South and 1,464.47 feet L•7est, thence running by azimuths neasured y clockwise from. True South: n"~ 1. 42~ 15' 60.22 feet along Volcano Road, F.A.P. No. F-2(4) to a pipe 'r, in concrete; 'i 2. Thence along Volcano Road, F.F..P. No. F-2(4), along a G curve to the left with a radius of 1,949.95 feet, the chord zzinuth and distance being: 39~ 45' 170.11 feet to z pine it concrete; 3. Thence Tong Volczr.o Road, F.A.?. No. F-2(4), along a curve to the left with a radius of 1,472.40 feet, the chord azinuth zr.d distance beinc: 36~ 05' 04" 59.90 feet to a pipe in concrete; 4. 40~ 43' 193.77 feet alo)ng Volcano Road, F.A.?• L~~O. r-2(4) tQ a IIT 11 on concrete post; 5. 109 07' 657.68 feet along portions of Lot 53, Grant 4640 to Joseph Keahilihzu to z nine in concrete; 6. 214 55' 628.10 feet aloha Lot 57, Grant 4991 to Aimor:u to z pipe in concrete; 7. 302 OS' 676.29 feet zlona Portion of Lot 55 to the point of beginning ar.d containing an zrez of 8.273 acres, r.~ore or less. Sche C~.ae C - Fe9c 7