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HomeMy WebLinkAboutCOM 0326.000 1998-2000 ~r or ~w ~ William G. Davis Stephen K. Yamashiro Managing Director 'ma'y°r Henry Cho ~~~ei'M~~~ Deputy Managing Director ~II1tlt~k? II~ ~M~11[2YTT 25 Aupuni Street, Aoom 215 • Hilo, Hawaii 96720-4252 • (606) 961-6211 • Faz (BOB) 961-6553 KONA: 755706 Kuakuu Highway, Suite 103 Kailua-Kona, Hawaii 96740 (608)329-5226 Fax (806)326-5663 May 21, 1999 Honorable James Y. Atakaki, Chairman and Members of the County Council coo County of Hawaii ~ ~ 25 Aupuni Street COO ~ ~-j Hilo, HI 96720 ~ ~ tv ~I cn Dear Chairman Arakaki and Members: ~ n 3 Change of Zone Application (REZ 99-007) ~ ~ rv C Applicant: Glen & Melitta Hodson D ~ o ~ Request: A-Sa [o FA-la w Tax Map Key: 7-7-7:29 State Land Use Boundary Amendment Application (SLU 99-003) / Request: Agricultural to Urban J Change of Zone Application (REZ 99-009) Request: Agricultural (A-Sa) to Single Family Residential (RS-20) Applicant: Peter C. Dungate Tax Map Key: 7-3-05:89 Change of Zone Ord. No. 93-38, as amended by Ord. Nos. 96-3 and 97-118 (REZ 744) Applicant: McClean Honokohau Properties Requests: ML-40a to ML-la, Reconfigure MG-Sa District, and Amend Conditions B, C, E, J, K, L and P Tax Map Key: 7-4-08:Portions of 26 and 49 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~ ~ rti ~/~,~~-tv~. .Stephen K. Yamashiro Mayor IA50799.MAY Comm. NO• Enclosures F51e No. N_ 6 ~K cc: Planning Department 8i 11S $ 9 `r9'D Ref. To: PC J~1N 7 19~ f~aN ...M.' Stephen K. Yamashiro ~ VV~ Mayor . r, ~~Oi~N~~ l~~unf~r n~ cfrattii PLANNING COMMISSION 25 Aupuni Str«t, Raom 109 • Hib, Har~ii %7204252 (808) %1-8288 F~: (808) %1-%IS tMAY 2 1 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 99-003) Request: Agricultural to Urban Change of Zone Application (REZ 99-009) Request: Agricultural (A-Sa) to Single Family Residential (RS-20) Applicant: Peter C. Dungate Tax Man Key: 7_3=05184--_ _ The Planning Commission, afrer a duly held public heazing on May 7, 1999, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to Urban District and a Change of Zone changing the district classification from Agricultural (A-Sa) to Single Family Residential (RS-20). The property is located adjacent (north) to Kona Palisades Subdivision bordered by the Hawaii Belt Road and 'Ili'ili Street, and approximately 300 feet north of the Ka'iminani Drive/'Ili'ili Street intersection, Kalaoa 4th, North Kona, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment 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 it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, one of the standards for considering an azea for urban reclassification states that "In determining urban growth for the next ten yeazs, or in amending the boundary, land contiguous with existing urban azeas shall be given more consideration than non- contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property does conform to this standard as it is situated adjacent to existing urban designated lands. These lands include the Kona Palisades Subdivision. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. 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. The orderly development of residential azeas sensitive to community needs and other land uses. c. Effectively accommodate the housing needs of Hawaii's people. d. Increase homeownership 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 to public facilities and services, and other concerns of existing communities and surrounding areas. The Urban District request would be consistent with the Housing goals and polices of the Hawaii County General Plan by creating residential housing opportunities. The Urban District request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates this area for Urban Expansion. Urban Expansion Area allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. This request is to allow an urban development, a planned low-density residential subdivision. Low Density Urban Development is defined as Residential uses at a density of four units per acre and certain neighborhood commercial uses are permitted within this designation. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standazds and courses of action. It is also a graphic depiction of the physical relationship between the 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 Kona Regional Plan adopted by the Planning Commission in 1984 recommends the azea for residential four units per acre. The applicant's proposal is a single family residential subdivision. It is adjacent to a residential subdivision called Kona Palisades. The proposed reclassification is for a similar urban land use designation. Thus, the requested boundary amendment would be in the direction of fulfilling the low density range plans, in this particular case. The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located just three miles from the urban/retail/employment center of Kailua-Kona, and thereby conforms with the Land Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Use Commission Rules which encourages urban developments in close proximity to existing developments and in close proxmuty to existing services and facilities. The property is or will be provided with all utilities and services which are essential to accommodate urban development. The applicant proposes to construct a twelve (12) lot subdivision, with lots no smaller than 20,000 square feet. Water service is available to the property from an existing 6-inch waterline fronting 'Ili'ili Street. Access to the property is from 'Ili'ili Street which connects to Ka'iminani Drive within the Kona Palisades Estates. 'Ili'ili Street has a 50-foot wide right-of-way with 20-foot wide pavement. Ka'iminani Drive, which serves as the primazy mauka-makai connector road between Hawaii Belt Road and Queen Ka'ahumanu Highway, has a 60- foot wide right-of--way with 24-foot wide pavement. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area outside of the 500-year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazazd Control. Thus, the reclassification does meet with the standazd which states that the 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 subject property is within the State Land Use Agricultural and County's Agricultural-5a zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is E or Very Poor. There aze presently no structures nor any agricultural activities on the subject property. The property was used in the past for cattle grazing. Therefore, the reclassification of this 7.790 acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is amore feasible alternative to infill urban development within this particulaz area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, an Urban classification would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent Kona Palisades Subdivision. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Chanee of Zone.Application In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar azeas in the County. The proposed request from an Agricultural (A-Sa) to a Single Family Residential-20,000 square feet (RS-20) zoned district will conform to the following goals, policies and standazds of the Land Use and Residential Elements of the General Plan Element. i.AN~._ D ITSE * 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 azeas 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. * 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 requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Approval of this request would also compliment the following goals and policies of the Single Family Residential Element of the General Plan: 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 * 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 standazds. The proposed request would also complement the following Housing Element goals and policies by creating a mix of residential housing opportunities, maintaining a housing supply that allows a variety of choice and by providing housing units geazed toward the middle income bracket. 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 vaziety 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 variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regazdless of age, sex, mazital status, ethnic background and income. The property is situated in an azea designated as an Urban Expansion Area, which allows for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within azeas designated for development as resorts, portions of the resort area may be included in the urban expansion area. The Kona Regional Plan adopted by the Planning Commission in April 1984, designates the area for Residential-4 units/acre (RES 4). Therefore, this proposed single family residential development will provide the framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. On Januazy 22, 1997, the County Council adopted Resolution No. 20 97, which supports the County's proposal to conduct a Comprehensive Traffic Plan for the Kalaoa area. The proposed plan would include identifying the necessary infrastructural improvements for the area relating to traffic, traffic safety, water, fire protection, parks and civil defense. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 The property is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land located just three miles from the urban/retail/employment center of Kailua-Kona, and thereby conforms with the General Plan which encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. While the subject property is within the State Land Use Agricultural and County's Agricultural (A-Sa) zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils m the azea is "E" or Very Poor. Therefore, the reclassification of this 7.790 acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. According to the applicants' environmental report, the site was previously cleazed. Therefore, the proposed action will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any archaeological sites be encountered during the course of development. From a land use perspective, it is a more feasible alternative to infill residential development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona azea for Urban Low Density type uses. Furthermore, the request would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent Kona Palisades Subdivision. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, azea of minimal tsunami inundation. There are no significant dramageways on the subject property. While there are no indications of surface water flow on-site, the applicant will abide by all applicable County guidelines for run-off generated by the development. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. All utilities and services aze available to the property which aze essential to accommodate urban development. Water for the proposed project will be provided by the County of Hawaii from a 6-inch waterline along 'Ili'ili Street. The proposed project abides by the above-stated County policy encouraging "the clustering of developments in order to reduce the cost of providing utilities." The wastewater from the proposed project will be disposed of by the prevailing requirements of the State Department of Health's rules and regulations to be installed by the respective homeowners. Additionally, the applicant will abide by all applicable State and County air quality and noise level control standards during the pre-construction and construction phases of the project. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 Access to the property is from 'Ili'ili Street which connects to Ka'iminani Drive within the Kona Palisades Estates. 'Ili'ili Street has a 50-foot wide right-of--way with 20-foot wide pavement. Ka'iminani Drive, which serves as the primazy mauka-makai connector road between Hawaii Belt Road and Queen Ka'ahumanu Highway, has a 60-foot wide right-of--way with 24-foot wide pavement. The above public improvements by the applicant would complement the proposed single family residential development to fit into the locale with minimal intrusion while providing the desired housing development, as well as incorporating appropriate infrastructure and design concerns of the development. The applicant intends to provide these single family residential lots meeting all agency requirements relative to the proposed subdivision. All other essential utilities and services can or will be made available to the subject development. Conditions of approval are being included to ensure the provision of all essential utilities. Based on the above findings, this request to reclassify the subject property from an Agricultural (A-Sa) to a Single Family Residential-20,000 squaze feet (RS-20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to the SLU Boundaries Map H-7 and Section 25-5-3 (North Kona Zone Map) are transmitted. We aze enclosing a copy of the applications and a copy of the staff background for your information. Sincerely, LAGyG~C `~"°~1~-- Leonard S. Tanaka, Chairman Planning Commission LDunga02.PC Enclosures cc: Mr. Peter Dungate Mr. Sidney Fuke Department of Water Supply Department of Public Works Kazu Hayashida/DOT-Highways,Honolulu State Land Use Commission West Hawaii Office BDungaOl.emm-04\6\99 COUNTY OF HAWAII PLANNING DEPARTMENT BACK RO FPORT PETER C. DUNGATE STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-003) CHANGE OF PP .I ATION (RE2 99-0091 PETER C. DUNGATE has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban District and a Change of Zone by changing the district classification from Unplanned (il) or Agricultural (A-Sa) to Single-Family Residential (RS-20) for approximately 7.79 acres of land. The property is located adjacent (north) to Kona Palisades Subdivision bordered by the Hawaii Belt Road and 'Ili'ili Street, and approximately 300 feet north of ffie Ka'iminani Drive/'Ili'ili Street intersection, Kalaoa 4th, North Kona, Hawaii, TMK: 7-3-5: 89. GENERAi. INFORMATION 1. Land Ownership: Haruhiko Kawasaki is the fee owner of the subject property, and has approved the filing of the State Land Use Boundary Amendment and Change of Zone Applications. 2. It should be noted that the submitted applications reflected the change of zone request from Unplanned (U) or Agricultural (A-Sa) to Single Family Residential (RS-20) due to the County Council's pending decision on the ratification of Bi11250 Draft 9, relating to Chapter 25, Zoning Code. Bi11250 Draft 9 has since been ratified on Apri16, 1999 by the County Council and therefore, the current zoning designation is Agricultural (A-Sa). PROPOSED DEVEi OPMENT 3. Request: The applicant proposes to develop a 12-lot residential subdivision with minimum lot sizes of 20,000 square foot to nearly 1 acre. 4. Objectives: "The applicant explored different land use schemes of this site. These included a twenty six (26) lot 10,000 square foot lot subdivision that would be ~-3~~C13r1Ys ~9r9©) Pc consistent with the recent rezonings in this azea, as well has lots within the adjoining Kona Palisades Subdivision. "However, after taking into consideration market, infrastructural and community factors, the applicant elected to proceed with a twelve (12) lot subdivision, with lots no smaller than 20,000 squaze feet. The average density of this project would thus be over 28,000 squaze feet. This project would thus be less than one-half of the prevailing standazd in this azea. The road would be built to standazds called for in the Subdivision Code. It would be kept private and maintained by the respective lot owners. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of approval, and mazketing demands. "It should also be noted that the applicant intends to have covenants incorporated into the deeds of the respective lots to prohibit the wnstruction of an 'ohana' dwelling. There will also be a 10-foot wide landscaped buffer extending the entire length of the south property line." 5. Supportive information: The applicant has submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications) STATE O 1NTV P . N 6. SLU: Agricultural. 7. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Socio-Cultural Advancement (Housing) objectives and policies. 8. General Plan Consistency: Economic, Housing, Environmental Quality, Land Use Residential Elements goals, policies and courses of action for North Kona. 9. General Plan LUPAG MAP: Urban Expansion Area, which allows for a mix of high density, medium density, low density, industrial and/or open designations in azeas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within azeas designated for development as -2- resorts, portions of the resort azea may be included in the urban expansion azea. 10. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in April 1984, designates the azea for Residential-4 units/acre (RES 4). 11. Keahole to Kailas (K to K) Development Plan: Residential Expansion. The K to K Plan was adopted by the County Council by Resolution on Apri13, 1991. The Plan was adopted as a guide to be utilized in the development of infrastructure and land uses in the region. 12. Zoning: Agricultural (A-Sa). 13. SMA: The property is not situated within the Special Management Area~SMA) boundary. DESCRIPTION OF PROPERTY AND TRRO IN A FA 14. Subject Property: The subject property is an rectangular shaped lot. There aze presently no structures nor any agricultural activities on the subject property. The property was used in the past for cattle grazing. 15. U.S. Soil Survey: According to the Depaztment of Agriculture Soil Conservation Services's Soil Survey Report, the land is of the Kaimu (rKED) and Puaalu'u Series soil. The Kaimu Series consists of well rained, thin organic soils over Aa lava. Permeability is rapid, runoff is slow and the erosion hazard is slight. It should be noted that this soil is not suitable for cultivation. The Punalu'u Series consists of well-drained thin organic soils over pahoehoe lava bedrock. The soil (peat) is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow and the erosion hazazd is slight. This soil is used largely for pastoral purposes. 16. FIRM: The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, azeas outside of the 500-yeaz flood plain. 17. Land Study Bureau Soil Rating: Class "E" or Very Poor for agricultural use. 18. ALISH: Unclassified. 19. Flora/Fauna: According to the applicants' environmental report, the site has already -3- been cleazed by bulldozers and the azea was used for cattle grazing. Although no professional surveys were conducted, the natural vegetation occurring on [he property consists of occasional patches of lantana and Christmas berry. No native fauna was observed on the site. The site is not known to be a habitat for any raze or endangered animal life. However, it would be possible to find the Hawaiian Hawk and Hawaiian Owl in the general area. 20. Archaeological Resources: According to the applicants' environmental report, the site was previously cleazed. Therefore, the proposed action will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any azchaeological sites be encountered during the course of development. 21. Surrounding Land Uses/Zoning: There aze single-family residences and a number of vacant residential sized lots within the adjacent Kona Palisades and Kona Coastview Subdivisions. The Kona Palisades and Kona Coastview Subdivisions aze situated within the State Land Use Urban District and aze primazily zoned Agricultural-(A-Sa) by the County. However, these subdivisions aze essentially non-conforming residential sized lots ranging between 8,000 to 20,000 squaze feet. 22. Previous Land Use Approvals: In February, 1985 at the request of the Planning Department, the State Land Use Commission reclassified several non-conforming residential subdivisions into the Urban District. The following subdivisions were included in the reclassification action: Kona Palisades Estates, Kona Highlands, Kona wonder View Lots, Kona Coastview, Kona Heights and Aloha Kona. With the exception of the Kona Heights and Aloha Kona Subdivisions, all of the above-mentioned subdivisions aze adjacent to or within close proximity of the subject area. In recent yeazs a number of similaz request for a State Land Use Boundary Amendment to an Urban District and Change of Zone to Single Family Residential zoned district -4- were approved within the vicinity of the subject property. The affected pazcels include Tax Map Keys 7-3-5:12, 86, 87 and 88. PiTgL•IC FACILITIES ANTD 1TIi I 23. Roadway: Access to the property is from 'Ili'ili Street which connects to Ka'iminani Drive within the Kona Palisades Estates. 'Ili'ili Street has a 50-foot wide right-of--way with 20-foot wide pavement. Ka'iminani Drive, which serves as the primary mauka-makai wnnector road between Hawaii Belt Road and Queen Ka'ahumanu Highway, has a 60-foot wide right-of--way with 24-foot wide pavement. 24. Water: According to the Department of Water Supply, water can be made available from the end of an existing 6-inch waterline fronting 'Ili'ili Street. 25. Wastewater: According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into septic tank system. 26. Utilities: Electrical and telephone services are or will be made available to the property. A .N ' O .NTS 27. Police Department (April 7, 1999 Memo): "Staff has reviewed the above-referenced application and does not foresee that the request will negatively affect public safety or traffic conditions in the azea." 28. Department of Finance-Real Property Tax (Mach 23, 1999 Memo): "There aze no comments at this time. "Current -Real Property Taxes aze paid through June 30, 1999." 29. Department of Land and Natural Resources -Land Division (April 16, 1999 Letter): "We have reviewed the subject application and have no comments to offer regarding the matter. "Thank you for the opportunity the subject application." -5- 30. Department of Health (March 24, 1999 Memo): "Portions of the subject property was found to be located within 1000 feet distance to a drinking water well(s). If the subdivision is approved, an approved cesspool or septic system will only be allowed outside the 1000 feet radius. "An approved aerobic treatment system with chlorination is allowed within the 1000 feet radius.' 31. Land Use Commission (March 22, 1999 Letter): "We have reviewed the subject applications forwazded by your memorandum dated Mazch 17, 1999, and wnfirm that the subject pazcel is designated within the State Land Use Agricultural District. We note that the County Environmental Repor[ (p. 2) incorrectly references said district as the 'Agriculture' District. "We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject applications.' 32. Department of Public Works: (See Exhibit B - Apri18, 1999 Memo and Applicant's Response -April 15, 1999 Letter) 33. Department of Water Supply: (See Exhibit C -March 12, 1999 Letter) 34. Fire Department: (See Exhibit D -April 13, 1999 Memo) 35. Applicant's Response to Department of Health: (See Exhibit E -March 31, 1999 Letter) A .N S - NO F PON 36. Department of Land and Natural Resources -Historic Preservation Division, Department of Transportation, Department of Agriculture, Natural Resources Soil Conservation Service P .I O .NTR 37. The Depaztment has not received any comments or objections from the general public or adjacent landowners on the subject applications. -6- - : 3 APPLICATIONS and COUNTY ENVIltONMENTAL REPORT FOR STATE LAND USE BOUNDARY AMENDMENT (A to U) and REZONING REQUEST (A-Sa or Unplanned to RS-20) KALAOA 4th, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-3-05: 89 Prepared For: Peter C. Dungate Prepared By: Sidney Fuke, Planning Consultant March 1999 ~XHYYY Ig1~ ~ y APPLIC~ION ?OR C3ANG£ tlF ZONE CCGNT': Q8 HAV7AII PLA:7NING DE91~iTMEHT ~p'PLICA:IT: Peter C. Dun ate ~"rPLTC3HT'S 3IGNATIIRES ~ xE% 75-5491-G Mamalahoa Highway ~DDR°S5! Holualoa, HI 96725 (,5T ApPLICd2JT' S INTERE3. IF NaT OWttBR LIS: °RSNCTPAI.(S) INCLQ33ING NAMES OF SIN Q$BICERS nrc• rc:tG?JE-dUSINE5S. 329-7530 AEEIDEliC2s 7 R77 a°CUEe"-'; A-5a or Un fanned TD S- xssL.ag aan:..tig) 8;vpaeec zaningl :'?.n :lA? REY: ~3)~ 7~3,-,g5; 89 A.REA OP ?g4FE3""`1 OA APBEC'~'$D AIlF.,1tS) TO 9~' REZONED: 7.79 acres ;,dNDOWNE3(S) : .FF G/U iLAW ~ ~~LiEA' S ST3NA2'JR£ ~ C,~?l~G r / vim-' ~ DATE t ""'(May n-"' es o "rlart9L 1 AGTyT: Sidney M. Fuke ADAR°99: 100 Pauahi Street, Suite 212 Hilo, HI 96720 '"F.L?PHON~-acSTNESS: 969-1522 RESxnErscc: g61-6909 ?:ease Lnd1.c3C~a LO whom original c»:zaspondsnae and cngiae would bo Sent, tlgIG7.?ia;. Sidney M. Fuke COEIMS Peter C. Dungate - (See Ina=-+ac:.i~~n Sti Ba COUNTY OF HAl1AlI PC.ANNING DEPARTh:L°NT A7PLICATION fOR STA2E LANp USE 90UNgARY'AMENgMENT Q (1S AC:tES CR S.ESS) ~ APPLICANT: T E'~Glr (n C l APDLICAh:'S SiCNA:URE: MAILING AgDRE9S: rj ~9/_(~' 1~2iN4(iL~1(~rj. ~-l~ Wt~ i . ~d~uaf02 _ L 7~-~ TE«EPIiONE; (~U3),~:Z ? x",30 {RCMP) ~,"~,1~-GP77 LANQONNEA s R H 1 K((O tiGpo.W Pc 1C LANDCWNEA'S SIGNATURE: Ir ~ .~•//1l/ 'SAX MAP KEY: (3) 7-3-05: 89 LAND AREA: 7•~9 acres CURRE:1'f S2ATE «Arrp U52 ASSTRIC. CLASSIFICXTIONr Agricultural :~EgUES?°b 5^ATE LAND USE DIS2'RTCT CLAS5:FICA::ON: Urban T?i$ APPLICAN^_' S$ALL SUDM;T HE FOLLOHING: A, Non-refcnda'nle E;2inq and IItecess;.ng fve of tao 5undred dollars. H. O*iginal And EitteBri Copies ofc 1. Application form. 2. Locarion map. 3. Ptgli:ninary sire plan, dtAwn to Scale, with all exiYC!nq Mnd proposed 6CtlSCtli:B. and imotovementa shown :horeon. 4, Amascns Eoc the tagve9ted change and ur!'rton de9cri2ticn o! the aroperty ar;d pcvpased development, including but no[ 1lmiced two: d a, The extent to which the aro(aoaod real as siticgrandards, roniorms to the appLlaablo goa:s, po__c_os, and courses of action o@ the General ?lan and it~olementin9 ordinances, plans an d,doeumenesi and b. ecn£otmsnto«thehapplirahpleodistrlct45eandaz~.se on C. A minimum 2-L'oot by 3-foot prasentaeion maa requoyeeG undec 8.3, 0400q vD 1g2G/ 7 ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII PPPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to F question 3. a. How many acres of the requested area do you intena to subdivide? 7.79 acres b. Into wnat lot sizes? 20,000 sf to 1 acre c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d. Do you intend to build houses on the newly created No lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of suodividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please State) f. If you intend to do either a, b, or c, please elaoorate 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 Yes for the land will alleviate the local Housing situation? How? Please refer to attached planning report. 4. Are tnere any buildings on the subject area? No If so, what kind? What do you intend to do witn those buildings if your request is approved? -2- 5. Is the subject land currently being used for any agricultural activitity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The site has been used in the past for intermittent cattle grazing. 6. To your knowledge, has there been any flooding and/or No drainage problem on the subject area? 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- Yep No f. F_re ~rctctica, x g, ?2cr2d_iorai ~a~_='iti2, x in. PCOIi~ UCii i'=i25 x i. ~tner FOr thOSe Ch2CRP_0 "y25~" pled5e e1dGOrdte whdt type Or xinds 0. irrovements and/or assistenc= ar=_ needed. Siy,dture: C~_ Aacress: 75-5491 G Mamalahoa Hwy Holualoa, HI 96725 329-7530 gat=; 3 March 99 _4- ?74/`uA . \ COUNTY ENVIRONMENTAL REPORT STATE LAND USE and COUNTY REZONING REQUEST PETER C. DUNGATE TAX MAP KEY: (3) 7-3-05: 89 KALAOA 4th, NORTH KONA, HAWAH I. INTRODUCTION The applicant, Peter C. Dungate, is requesting a 7.79 acre pazcel to be reclassified into the Urban District and subsequently rezoned from Agriculture (A-Sa) to Single- Family Residential(RS-20) in Kalaoa 4th, North Kona, Hawaii. (See Figure I) The property is located on the mauka side of Ili'ili Street, north of its intersection with Ka'iminani Drive. If approved, the applicant intends to subdivide the 7.79 acre azea into no more than twelve (12) single-family residential lots ranging in size from 20,000 square feet to neazly 1 acre. II. PROJECT LOCATION The project azea is located at the mauka or eastern end of Ili'ili Street, adjacent to the Kona Palisades Subdivision. It extends from Ili'ili Street to the Hawaii Belt Road, Kona, Hawaii. (See Figure 2). The site begins approximately 300 feet north of the intersection of Ka'im;nan; Drive. The Ka';minani Drive/Ili'ili Street intersection is located approximately 1,200 feet from the Hawaii Belt Road. It is also the first cross-street intersection from the Road. III. PROJECT DESCRIPTION A. Project Concept and Components The applicant explored different land use schemes of this site. These included a twenty six (26) lot 10,000 square foot lot subdivision that would be consistent with the recent rezonings in this azea, as well as lots within the adjoining Kona Palisades Subdivision. However, after taking into consideration market, infrastructural, and community factors, the applicant elected to proceed with a twelve (12) lot subdivision, with lots no smaller than 20,000 square feet. (See Figure 3) The average density of this project would thus be over 28,000 squaze feet. This project would thus be less than one-half of the prevailing standazd in this azea. The road would be built to standards called for in the Subdivision I Code. It would be kept private and maintained by the respective lot owners. It is understood that the subdivision plan submitted herein tnay change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of approval, and marketing demands. It should also be noted that the applicant intends to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" dwelling. There will also be a 10-foot wide landscaped buffer extending the entire length of the south property line B. Project Timetable and Cost The applicant hopes to secure the necessary State Land Use and County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for having the lots on the tnarket by the end of 1999 or eazly 2000. The estimated cost of the improvements is estimated at $500,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. To effectuate this project, the entire site is being requested to be reclassified into the Urban district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process both the boundary reclassificationand zoning requests. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Extensive Agriculture with the Urban Expansion overlay. The Extensive Agriculture designation refers to pasturage and range lands. This site also has the Urban Expansion overlay. This overlay allows for a mix of high density, medium, and low density uses. Based on the requested Single Family Residential (RS-20) zoning, the project would be consistent with the General Plan and no amendments would be required. 2 .(dMHOIH dOHd dyYdW (~J 0 L 'ON 'd'd-~J OdO~' 178 lldM dH Waimea °n/ra~ of pia ~ ~ O W I~ ~ ~ U ~ ~ ~ , Q ~ Z ~c,7 O Q M I Z ti ! ~ L II ~ ~ ~ ~ ~ 11_ ~ I ~ a ~ 2 ~'1 a l ~ ~ t 1 I ~ ~v ~ ~ Q ` ~ v ~ ~ m m Q _ TRUE NORT ~ ~ mac: t tNG~ = 3~ ~ FIGURE 2 ~~b~ ub ! r ® c~ k= I 3 E 6; e e ~ 8 E~~ ~ ~ ~ e !i ~i`~ f ~s~ $ oN ~ Sll ~a~it3 °v s~ LL vi'a` 11s) m ~ a v r ~ maw ~a .wnn _ e E~~ , ~'16y, ~ t !~~l~1 I ~g~ jl I t: e ~g~ ~ e 1 1 fi lp ' ~ 1 i + t n g t ' q®Td E I ~ ~ )orv my ~ [g~ p ~ . T~ t 9 i i s` { ~ ~ ; . 3~ 1' I yj nrre nmr r s Y[ i ~ !t a I ~ ,I! ; i 4 q ~ 7 ° a 1 1 1 I ~ ~ ~ ~ ~ Il! mns 1~ ~i .1t~ ~ i C. Draft Kooa Regional Plan This plan attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1984. It has not, however, been adopted by the County Council. The Land Use Concept map of this plan identifies ages-4 designation for this area. This designation suggests residential uses, up to four (4) units per acre. The requested RS-20 zoning would be consistent with this designation. D. Keahole to Kailua (K to K) Development Plan The K to K Plan was adopted by the County council by resolution on Apri13, 1991. This Plan is intended to serve as a guide to help with the planning and implementation of infrastructural and land use activities. The designation of this area is Residential Expansion. Accordingly, the requested RS-20 zoning would be consistent with this Plan. E. County Zoning The County zoning of the subject azea was Unplanned, which allowed for a minimum of 5-acre lots. With the adoption of the new Zoning Code and the subsequent elimination of the Unplanned category, the site de facto, became zoned Agriculture (A-Sa). If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standazds consistent with the requested RS-20 zone would be adhered to. F. Council 1 Resolution No. 20 97 The County Council, on January 22, 1997, adopted the subject resolution. This resolution called for the County Administration to "initiate a comprehensive plan to interlink and enhance the community of Kalaoa through publicly and privately funded improvements, and establish an advisory committee of representatives from the various neighbors to guide and assist in planning..." matters such as pazk/community center, roadway, and water inftastructural improvements. The subject property is part of this planning azea. 3 G. Other Permittine Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Underground Injection Contra] (UIC) permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site ranges approximately between one thousand six hundred (1,600) to one thousand six hundred eighty (1,680) feet above mean sea level. The mean annual rainfall in this area ranges between 50 and 75 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leewazd side of the island, wind tend to be light and vaziable. Slight easterly winds occur during the day, while westerly or mountain winds aze prevalent during the evenings. The entire pazcel is generally rectangular in shape, and likewise, the project area is generally rectangular. However, it has a wider frontage at the mauka end of the site. The site is vacant of any structures. It has been used in the past periodically for cattle grazing B. Soils and Toposraahv The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope from the Belt Highway to the Ili'ili Street end of the project azea. The US Department of Agriculture Soil Conservation Service Soil Survev Report classifies the soil to be of the ICaimu (rICED) and Punalu'u Series. The I{aimu series is characterized by well-drained, think organic soils over Aa lava. Permeability is rapid, runoff is slow, and the erosion hazard slight. Generally, this type of soil is not suitable for cultivation. 4 The Punalu'u Series consists ofwell-drained thin organic soils over pahoehoe lava bedrock. Permeability is rapid, runoffis slow, and the erosion hazard slight. This type of soil was typically used for cattle grazing. The Land Studv Bureau Overall Master Productivity Rating for the subject area is Class "E" (E301) or poor. This designation suggests that the site does not have a very high potential for agricultural productivity. The Bureau notes that this soil series (Pahoehoe with Moaula) has frequent outcrops of pahoehoe and is poorly suited for machine tillability. The soil texture is moderately fine, the color is dark brown; and the parent material is volcanic ash and pahoehoe. It is moderately 'drained, and because it is rocky with frequent outcrops of pahoehoe, it is not suited for rnachine tillability: The State of Hawaii's Agricultural Lands Of Importance to the State of Hawari (ALISHI maps does not classify this site as being either "prime, unique, or other" agricuhural land. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. 2. Tsunami Hazard As the site is located over 5 miles from the ocean and near the ?,000 foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the azea as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also fall in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 3, according to the Counry Building Code. As such, certain structural requirements 5 will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that raze or endangered floral or faunal resources aze likely to be found within the subject site. The site has already been cleazed by bulldozers in the past. Further, the site has been and intermittently continues to be used for cattle grazing. A visual inspection of the site, however, notes that the presence of patches Sf Lantana (Lantana Camara) and Christmas Berry (Schinus terebinthifolius. Thus, floral impacts should be minimal. The site is not known or registered as an habitat for raze or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk or Hawaiian Owl flying in the general azea. E. Historic/Archaeological Resources As the site was formerly cleared and utilized for cattle grazing, no commissioned azchaeological survey of the site was made. The cleazing would make it less likely to find any azchaeological features on the site. Nonetheless, during the course of developing the subdivision, should any unanticipated azchaeological features or sites be discovered, work will immediately cease and the applicant will notify the Planning Department. Upon receipt of clearances, work will resume. F. Water and Coastal Resources The subject site is located well over 5 miles from the coastline. As such. coastal impacts resulting from dischazge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, septic tank or related system meeting with the approval of said agency will be done by the respective property owners at the time of issuance of a building permit for the proposed lots. 6 G. Noise, Air Quality and Dust Ili'ili Street will serve as the County access to the proposed lots. This street intersects with Ka'iminani Drive, which in turn connects to the Belt Road, less than 1,000 feet to the east. As the site and the surrounding lots are proximate to Ka'iminani Drive and the Belt Road, the ambient noise level relative to traffic is a little higher. Nonetheless, the area is still residential in character. The addition of vehicular movements generated by twelve (12) more lots should not generate an appreciably higher level of noise. There will, however, be short term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Heahh. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehiculaz traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standazds for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. H. Scenic and Visual Considerations ' In the Natural Beauty element of the General Plan, there aze sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona azea. The most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the azea. The site is located more on the lower slope of Hualalai Mountain, and the normal residential height should not detract from the mountain. 7 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The predominant land use in this area is single-family residential. The Kona Palisades Subdivision, consisting of 10,000 squaze foot lots, is located immediately to the site's south. There is a RS-10 subdivision/zoning located across of the site on the makai side of Ili'ili Street. The Kona Coastview Subdivision is located generally to its north, and there is a band of RS-10 zoned property one lot north of the subject site. There were also at least three properties that were rezoned into the ILS-10 district in this azea over the past four years. The site is thus bounded by residential uses and/or zoning. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make fee simple lots available to individuals wishing to live in this part of Kona. In turn, it would minimi~P the pressure to utilize more important agricultural properties along the Coffee Belt, and thereby impacting an important industry. Further. there will be some short-term construction activity. And this, could help with the area's economy. C. AQriculturalImpacts The site has not been used for intensive agricultural activity. It has been used essentially and intermittently for cattle grazing. While this use could continue. it may not be a productive use of the land, given the emerging residential pattern in the area. More importantly, the land has not been classified as being important from an agricultural resource perspective under the various soil classification systems. It is classified as "E" or very poor by the Land Study Bureau and not even classified under the ALISH system Because of the site's location (North Kona) and elevation (1,800 feet), it represents a fairly attractive area for residential projects. As such, it could reduce pressures for the development or non-agricultural use of the better agricultural lands in and around Holualoa and the rest of the Coffee Belt. In 8 so doing, it would indirectly be helping or furthering the agricultural objectives of the County. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would be via Ili'ili Street. 'This County road has aright- of-way of fifty (50) feet with a pavement width of twenty (20) feet. Ka'iminani Drive, which serves as one of several mauka-makai connector roads between the Queen Kaahumanu Highway and the Hawaii Belt Road, has a 60-foot wide right-of--way with a pavement width of twenty four (24) feet. The applicant intends to construct a private road within the project site. Hopefully, a private road without paving the entire right-of--way could be achieved to help address quality and drainage issues. B. Water There is an 6-inch County water line fronting Ili'ili Street. This line will be extended to service the proposed lots. According to discussions with the Department of Water Supply, water for the proposed twelve (12) lot subdivision could be made available. This would be subject to the applicant's payment of the water commitment fee. A copy of a letter, dated December 31, 1998, from the Department of Water Supply relating to this matter is attached as Exhibit A. C. Wastewater There is no County wastewater system in this area. As such. a septic tank system meeting with the approval of the Department of Health will be allowed. This will be done by the respective lot owners at the time of actual construction of the residences. D. Solid Waste Solid waste will be handled through a commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.. With the requested RS-20 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. 9 E. Other Government Services As this area is already part of the North Kona urban area, rt is already being serviced. No extension of government services would be required. The Fire Station is located in Kailua, approximately five (5) miles away. The Police Station is located at Kealakehe, approximately four (4) miles from the subject site. It should also be noted that there aze on-going discussions to have a fire station constructed in this general azea. Elementary schools aze available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately three (3) miles away. County pazks aze available in Kaflua. Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services, aze available to the site. The applicant intends to bring the electricity directly from the Belt Road and not through Ili'ili Street. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Terra Uses of Environment and Maintenance and Enhancement of Long-Tenn Productivity If the requests were denied, the short term use of the site would probably be an undeveloped tract of land and used intermittently for cattle grazing. There could also be the possibility of using the land as a lazge single-family lot. Given the residential nature of this, the retention of the Agriculture (A-Sa) zoning may not result in the best development of the site. There would be a large residential lot, which -because of its resource chazacteristics -may not be capable of supporting intensive agricultural activities. At the same time, pressures could occur on the conversion of lands currently being used for more intensive agricultural activities in the mauka Holualoa azea. l0 The site, however, would not be utilized to its fullest potential, given the predominant residential land uses in this area. 2. Alternative Residential Density Under this alternative, the applicant could seek a RS-10 zoning. This would be consistent with the land use goals of the Draft Kona Regional Plan and the K-K Plan, as well as the stu~rounding zonings and uses in the area. It would also not require a General Plan amendment. However, such an approach would not create a mixture of density and lot sizes that could make a community more attractive. Further, it could add a little more tragic to Ili'i]i Street and Ka'im;nan; Drive than what some residents may perceive as being acceptable until other improvements aze made. A larger lot subdivision (such as one to three acres) may not make the development financially feasible. Further, the price of the lot would also be influenced by the lot size, making the azea less available for a broader segment of the community. 3. Evaluation of Alternatives The project's impacts to the azea's social and physical infrastructure would not appeaz to be pronounced. Certain mitigative measures will be taken to address any posstble impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and all other ielated planning documents affecting the subject site. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS-20 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Maa The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. 12 The LUPAG map designates the site Extensive Agriculture, with an Urban Expansion overlay. These designations allow the requested RS-20 zoning. It should be noted that a density of 4 tutus per acre (or RS-10) could have been considered. As such, the project would be significantly less than what could be allowed and is thus consistent or supportive of the LUPAG map. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standazds of the General Plan document. For one, it would provide short-term economic opportunities largely through the construction of the subdivision. Some limited longer-term opportunities could be created, largely in the area of maintenance of the private roads and landscaping. The project should also add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) azeas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. Cesspools would not be rued, and instead a septic system or other alternative individual wastewater system meeting with the State Department of Health will be used to address potential groundwater and coastal water concerns. If required, a solid waste management plan could be prepazed and implemented. The project will also not be a noisy one, as residents would come to this azea to enjoy its tranquillity. Any noise- generating facility -such as air conditioners - would be carefully placed to m;n;m;~e their noise impacts. The site is designated Zone X, azeas of minimal hazard. Nonetheless, in in conjunction with the subdivision review process, a drainage system will be developed and implemented to address these concerns. This system will be designed in a manner to protect the property as well as to m;n;m;~e the volume of surface runoff generated by this development. 13 The site does not appear to have historic sites, as it has been cleazed in the past and intermittently being used for cattle grazing. Nonetheless, work will cease if unanticipated azchaeological remains aze discovered during the construction of the project; and work will resume only after proper clearances from the State and/or County have been received. Being previously intensively used, the prospects of the site serving as a habitat for rare or endangered plant or animal life appeaz remote. The project will create additional houselots. It should help to diversity the type of houselots in the region, while reducing pressures for the premature conversion of the azea's better agricultural ]ands. In so doing, it would implement the housing element of the General Plan. The Plan also emphasizes that developments be mindful of an azea's natural beauty. In this situation, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. As the project site is more than five (5) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic system, impacts to the coastal water will be m;nimi~ed. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fully improved. Schools and other public facilities aze also located proximate to the site, most of them being four (4) to five (5) miles away. Finally, in terms of Land Use, the project would be consistent with the LUPAG map. It would also be generally compatible with the surroundin¢ azea. The site is essentially bounded by RS-10 zoning and/or lots. This lot represents an "in-filling" ofthe RS-]0 pattern between the Kona Coastview and Kona Palisades Subdivisions. C. Kona Plans The draft Kona Regional Plan and the K to K Plan both suggest a Res 4 (4 unitslacre) density. The requested RS-20 zoning, although less than the maximum desired, still would be consistent with those designations. The request would be fulfilling the land use concept and objectives of those documents. la D. Zoning and Subdivision The designated zoning of the site is "Unplanned." However, as the recently- adopted Zoning Code eliminated that designation, the de facto zoning of the site has been determined to be Agricuhure (A-Sa). This would suggest one unit for every five acres of land. The requirements of the zoning and subdivision codes would be complied, including use and related development standards. D. State Land Use Urban Standards As the requested area covers less than fifteen (15) acres, the request can be processed by the County. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standazds and their justification follow: 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and B above. 2. Relationship to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15-15-18). Their relationship to this request aze noted as follows: a. "Gifu-Like" Characteristics This azea is characterized by a concentration of people, structures, streets, and urban level of services. There are multitude of residential homes in this azea; a neighborhood commercial center is located less than a mile from the site. Although the adjoining Kona Palisades and Kona Coastview Subdivisions are zoned A-Sa by the County, the lots are residential in size (10,000 squaze feet). b. Factors of Urban Characteristics The site is proximate to centers of trading and employment. It is less than four miles from major sources of employment - 15 these being the Kaloko Industrial Pazk, Airport, and Kailua Village. All of the related urban amenities and services such as schools, parks, and protective services aze also located less than five (5) miles from the site. As such, basic governmental and utility services aze readily available to this azea. Tltis reclassification will not necessarily result in providing a sufficient urban reserve area for growth, as the applicant intends to develop the property immediately. Further, the site represents more of an "in-filling" and as such, would not really be suitable for a growth reserve azea. Nonetheless, its approval and development could make fringe properties more suitable for reserves. c. Natural Hazards Topographically, the site is suitable for development. It does not have slopes in excess of 30 degree. The site has no known unstable soil condition or floodways that traverse it. It is outside of the tsunami zone and is not located within the high volcanic hazard area. Although within Zone 3 of the earthquake hazards, this is a category that applies islandwide. d. Conti¢uous to Urban Areas As noted eazlier, the site is contiguous to urban azeas. Although the Kona Palisades and Kona Coastview Subdivisions are zoned A-Sa, their lot sizes (10,000 square feet) and uses aze urban in nature. There are further other properties that aze zoned RS-10 in the azea, one of which is located immediately makai of the subject site. e. Relationship to County Growth Plans This site does not represent the creation of a new urban concentration, as the surrounding area is already an urban like environment. As such, this standard is not really applicable. However, it is noted that the site and surrounding azeas aze designated for expansion and growth on the appropriate county plans and documents. 16 f. "Scatterization" Impact As the site does conform to the standazds descnbed eazlier, standard 6 does not apply. Standard 7 relates to the potential creation of a "spot" zoning and thereby increasing the need to extend public services at considerable taxpayers' expense. In this situation, the area is already developed and the subject site represents an "in-filling." Its development should thus not result in the expansion or extension of government services. g. Slope of Property The slope of the site is less than twenty (20) percent. As such, development of this site would not be violative of this principle. 17 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ryy DATE : Apri18, 1999 i 6 f? t Q 1 C LPL L ~ I L TO PLANNING DEPARTMENT o FROM -~NGRIN MSI N SUBJECT : CHANGE OF ZONE APPLICATION (REZ 99-9) ~ Applicant: Peter C. Dungate _ 3 Location: Kalaoa 4'", North Kona, Hawaii TMIC: 3 / 7-3-05: 89 - ~ We have reviewed the subject application and our comments are as follows: 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed on-site and shall not be directed toward any adjacem properties. We will require the applicant to provide drainage improvements necessary to capture rainfall runoff coming from hardened surface areas. Due to the steep downgrades involved, special considerations may be necessary. 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 4. The subject properties are found within Flood Zone "X", according to the Flood Insurance Rate Map dated September 16,1988. 5. All driveway connections to a Cou~y road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. 6. Ili'ili Street, fronting the subject property, is a County road. It has an approximate 20-ft. wide pavement (in fair to good wndition), with approximate 6-8 ft. wide graveUgrass shoulders, all within a 50-ft. right-of-way. Due to the steep downgrades involved, the proposed alignment of the private road may need to be adjusted. The intersection of the proposed private road and Ili'ili Street shall intersect with the alignment of the proposed Kalaoa Terrace Subdivision roadway. EXHIBIT ~n?~~S Memorandum Apri18,1999 Page 2 of 2 7. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY copy: ENG-KON SldneyFUke, Planning Consultant 100 F'euahl Street, Suke 212 • Hilo, Hawall 98720 • Planning • Vorionce • Zoning Telephone: (908) 989.1522 • Fax: (008) 989.7896 • Subdivision • Land Use Permfi EnvironmenMl Reports 1 7 iC7 ' April 1~, X999; ~il ~ :~;:'.I Ms. Virginia Goldstein, Director ` ' ~ ~ • Planning Department COUNTY OF HAWAII 25 Auptmi Street Htlo, HI 96720 Dear Ms. Goldstein: Subject: State Land Use (SLU 99-003) and Couuty Rezoning (REZ 99-091 Applications, Peter C. Dun¢ate, TMK: 7-3-05: 89 Thank you for sending me a copy of the Department of Public Works' wmments regarding the subject matter. In response to said comments, we would like to note the following: a All buildings/structures, grading/earthwork, and drainage systems will be designed and implemented in a manner consistent with County requirement at the time of subdivision and/or building permit processing, whichever is applicable. b. The alignment of the private mad is conceptual at this stage. However, it is the preference of the applicant to situate the road at the north end to ss,;n;sr,+~e impacts to the existing residential lots to the south. The exact alignment can be determined during the subdivision review and approval process. c. Any street lights, markings, and signs will be implemented in conjunction with the subdivision approval process. I trust that the foregoing adequately responded to the comments. If not or if there are feather comments on this matter, please feel free to contact this office. Thank you very much. S Y 1vI~Y FWIJ-KE Planning Consultant ce DPW -Engineering Mr. Peter Dungate ml wtr l~ fb~ O~ 11 11 ' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII ae`', y`M/7181,+~~` 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (606) 967-8660 FAX (606) 967-6657 March 12. 1999 Mr. Peter Dungate dba Treasury/Kona Sports P.O. Box 89 _ ` Kailua-Kona, HI 97645-0089 - ~ ~ _ ~ WATER COMMITMENT TIME EXTENSION - - PROPOSED 7-UNIT DEVELOPMENT TAX MAP KEY 7-3-005:089 This is to acknowledge receipt of the required 52.100.00 water commitment deposit for a commitment time extension for the proposed development. We are enclosing receipt No. 191905 for your files. In accordance with the Department's Kona Source Agreement II, a water commitment time extension for the proposed development in the amount of 42,000 gallons per day or 7 additional units of water at 600 gallons per day per unit is hereby granted until June 30, 1999 with the following conditions: 1. Submit plans, prepared by a professional engineer, registered in the State of Hawaii, for necessary water system improvements as may be required for the Department's review and approval at the appropriate time. Complete construction of the required improvements. The required improvements will include, but are not limited to, the construction of the following: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions, b. service laterals that will accommodate the appropriately sized meter to each lot, and c. fire hydrants spaced not more than 600 feet apart. EXHIBIT ~ ~ r © r~f?(l yJ (yM' l 'I,fl Mr. Peter Dungate Page 2 March 12, 1999 2. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Commission of the County of Hawaii. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. Prior to water meter services being granted to the development or any of the lots within, the Water Commission shall accept the conveyance documents. 3. Comply with the conditions of the Kona Source Agreement and with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. As mentioned above, the time extension is until June 30, 1999. With the eminent expiration of this time extension, we will be writing, shortly, to all participants of the Kona Source Agreement II who have not used their commitments what will become of them. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Mi ton D. Pavao, P.E. Manager BCM:gms Enc. copy - Planning Department) ~vw~ ,s Stephen H. Yamashiro Edward 8umata ~r ecnpm,. oaq/ Y 2, tf C~nult#g >~f ~rx£urxti FIRE DEPARTMENT ~ 777 HWun Avenue • Nall We, Room 6 • Hno, Hawall 96'MO-aS39 Apri l 13 , 1999 1~) ~1-e~ • r.alaosl %1$ne ,f To: Virginia Goldstein, Planning Director = ` From: Edward Bumatay, Acting Fire Chief ` SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-003) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 99-009) REQUEST: UNPLANNED OR AGRICULTURAL (A-Sa) TO SINGLE FAMILY RESIDENTIAL (RS-20) APPLICANT: PETER C. DUNGATE TAX MAP KEY: 7-3-05:89 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatu's access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). ~P~1 Cp`y EXHIBIT To: Virginia Goldstein, Planning Director Page 2 April 13, 1999 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "E%CEPTIONs Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permi.saible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access 'roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 April 13, 1999 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15~) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner,. including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazazdous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. To: Virginia Goldstein, Planning Director Page 4 April 13, 1999 "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. _ "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire• hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." EDWARD TAY Acting Fire C ief EB/mo SldneyFUke, Planning Consultant 700 Pauehl Street, 3ulle 212 • HIW, Hevrell 98720 • Planning • Voriance ~ Zoning Tebphone: (809) 9~-7522 • Fex: (808) 869.7988 • Subdivision ~ Land Use Permits • Envirorunenlal Reporh ' March 31, 1999 ^~l';.. Ms. Virginia Goldstein, Director Planning Departmem COUNTY OF HAWAII J Ji 25 Aupuni Street `r0 Ht3o, HI 96720 ' Dear Ms. Goldstein: Subject: State Land Use Application (SLU 99-003) and County •~2ewning (99-009) Applications, Peter C. Dungate TMK: 7-3-05: 89 This is in response to your letter of March 29, 1999, transmitting a copy of the State Department of Heahh's comments on the subject requests. The applicant was unaware of the proximity of a drinking water well. Thank you for that information. As a result, the applicant will take measures, such as a provision in the deed, to inform future lot owners within a 1000 foot radius of the water well that there are special wastewater restriction and that consuhation with the State Department of Health would be advisable. Again, thank you for the comment. Should there be more agency comments and/or if there are questions on these applications, please feel free to contact me. • Q~IY•n , S NEY'`JM?~VF~VU~K`E' Planning Consultant cc Mr. Aaron Ueno, State Department of Health Mr. Peter Dungate EXHIBIT .a C..; 1 4~T,~ ~ b 3 , 'y .w„ ~ a ~ ~.._'T~ F? / r~~. C .~p~~~'`~'y~S...,,.y~~,y, ~R^y, Mir, ~i~~_ - YkR f.. :T N -'C T 1~;~ I` A a V ~Ar~ ti P„ + scar. ~~~~yyyy y r rt ~r. L.<t?n.. 'i LICATIONS` 'u~~i ~ ' . , r~ 5 ~ E ~ O A~ REPOR ~ ~ , k O ; f .4 ~ . ~i _ Lvx~`d ~ = STATE° S O ~ ME ~ A ~ ~ a REZO _ ~ o n' nne F ~ r xr"' -r ,x%;.. 3 ~'8 y., ni 6 .t' .L'T' $4 .3" .y.. +N+ ter„ v, < ~ } ~ F '{y I ' ~ ~~'t ~ 4 '„y~.. ~ i. . yh - , N... T 1 1f aP r. ~ f FY ~ .r, . a ~y xsa}. -L~ F' 4 h ' '~Mry t Fk T ,I t t....~ f ~ ~ ~ ~ ~ ' ~ #i xF ~ fury-.~ 1 Y~•A II N.'FSf dr. F - ~ ~ i F'4n~F j'~"~' 4~ i ~?,..LF nn-tiy t 6 P .w . ~ nom} gyp,. # 2b~- 1 ~7~^.}F ~ ~~~r _ _ ll."°'e..4 ;'Y'.`F`.t~yn~l1 APPLICATION FdR CBANG'E tlF ZONE CdtiNTY 0$ HAWAII • PLANNYNG 0»PARTM$NT . ~p'PGIGNT: Peter C. Dun ate ~PPLIC?,NT'S 3YGNATpRSs C' T$:' 75-5491-G Mamalahoa Highway 1DDRES51 - Holualoa, HI 96725 G:5T APPLICA27T'S IN2EAE5T IF HOT OWNER GIST PRItiCIPAL(S) INCLO3YING tiAMBS OP MAIN aPEZCERS 2E:.»?ti?H£-BUSYNESS: 329-7530 ~,r RF5ZDENCE: ~~p_lAZZ ' .~EQO»gg. A-5a or Un fanned T S- xis ng Toning ropoae onLng TAX HAP XEY: 3) 7-3- 89 ARSA OP pgOPERTY OA AFPEGTED ATIF.A(S1 TO Hk' REZONED: 7.79 acres LANDOWNER(S): G.C) ALA ~E2L'S 5Y3NA24R£ Cz/L ` ~ bATHt ay o oy arc tt AGENT- Sidney M. Fuke ADAR$98; 100 Pauahi Street, Suite 212 Hilo, HI 96720 :'F.LEpHON$-HQSZNESS: 969-1522 RESxn~NCE: ,~61-6909 Please irtdi.cate to Whom aciginal carrespendsnas and copies should bo SenC. ORSOIHAL~Sidney M. Fuke Gpgi$g Peter C. Dungate - (sam Txar~iacz3.eas zn ea COUNTY OF NAHAII PLANNING DEPARTML"N•T APPLIGATSON POR STAT'e LAND USS 90UNDAAY 'AMEND'MENT (ls ACitE3 OA LESS) ~ APPLICANT; T ~ t ~ , `J A?PLZCANT'& SIdNATURE; HAILING ADDRESS: 7~-r+~q~~~J li'~2H.r4{ij;,~1~~f wy ~ _H~(uQlo~ _.._Ef~ q~~ TsLErxoNx: (du91 3;ZR-7S'3a {xoHS) 3a.~-!,?tL LANDOWNER t R H 1 KO IL.~.W / ~ LANDOWNER ~ S 52GNATURE: ~ J// rAX MAp k~Y: (3) ~-3-05: 89 LANs AREA; x•79 acres CUAItEN'P STATE LAND UsE AZSTRICI` GLASBZFICATION:~ricultural itEQUESTED STATE LAND USE DzSTRIGT CLASSSF7CAr20Nt Urban THE APPLICANT SHALL SUBMIT TAE FCLLdN2NGa A, Noh-refundable £ilinq end processing fee oP two hundred dollars, H. Original and ~.xC0et1 Copies otr 1. Application form. Z. Location map. 3. Pteliminnry site plan, dr,~Wn to 9oale, with all existing mnd proposed setucturea Arid improvementtr shown thoraon. ' 4. Astlsone foc the teQueOted change and writCen deacripCion o[ the property and p¢opoaod developmant, including but not limited two:, • a a. The extonb to which tbo pro~osoa reolasailicwtion conforms to the applidable goals, policios, standards, and courses of action oi' the General P7.an and 1r4plementin0 ordinances, plans and,documentat and b, confoemsntotthehapplirahlaodistrictestandards~ion C. A minimum 2-Coo6 by 3-foot preaontanfon map requosee8 under 8,3, ah0~0. 0400~11 PD 2/26/x7 - ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COtXVTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to 7.79 acres subdivide? b. Into what lot sizes? 20,000 sf to 1 acre c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d. Do you intend to build houses on the newly created No lots? If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lots Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) 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 Yes for the land will alleviate the local housing situation? Please refer to attached planning report. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? _2_ 5. Is the subject land currently being used for any agricultural activitity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The site has been used in the past for intermittent cattle grazing. 6. To your knowledge, has there been any flooding and/or No drainage problem on the subject area? 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 be 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- Yep No f.. Fire Protection x ' g. Recreationa.i Facilities x h. PuGlic Utiliries x i. Other For those checKed "yes," oiease elaborate what type or xinds of improvements and/or assistance are needed. Address: 75-5491 G Mamalahoa Hwy Holualoa, HI 96725 Telephone: 329-7530 pate: 3 March 99 _4- 6337A/50A COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT (A to U) AND REZONING REQUEST (A-Sa or Unplanned to RS-20) KALAOA 4th, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-3-05: 89 Prepared For: Peter C. Dungate Prepared By: Sidney Fuke, Planning Consultant March 1999 COUNTY ENVIRONMENTAL REPORT STATE LAND USE and COUNTY REZONING REQUEST PETER C. DUNGATE TAX MAP KEY: (3) 7-3-05: 89 KALAOA 4th, NORTH KONA, HAWAII I. ~ INTRODUCTION The applicant, Peter C. Dungate, is requesting a 7.79 acre pazcel to be reclassified into the Urban District and subsequently rezoned from Agriculture (A-Sa) to Single- Family Residential(RS-20) in Kalaoa 4th, North Kona, Hawaii. (See Figure 1) The property is located on the mauka side of Ili'ili Street, north of its intersection with Ka'iminani Drive. If approved, the applicant intends to subdivide the 7.79 acre azea into no more than twelve (12) single-family residential lots ranging in size from 20,000 squaze feet to neazly 1 acre. II. PROJECT LOCATION The project area is located at the mauka or eastern end of Ili'ili Street, adjacent to the Kona Palisades Subdivision. It extends from Ili'ili Street to the Hawaii Belt Road, Kona, Hawau. (See Figure 2). The site begins approximately 300 feet north of the intersection of Ka'iminani Drive. The Ka'iminani Drive/Ili'ili Street intersection is located approximately 1,200 feet from the Hawau Belt Road. It is also the first cross-street intersection from the Road. III. PROJECT DESCRIPTION A. Project Concept and Components The applicant explored different land use schemes of this sit8. These included a twenty six (26) lot 10,000 squaze foot lot subdivision that would be consistent with the recent rezonings in this area, as well as lots within the adjoining Kona Palisades Subdivision. However, after taking into consideration market, infrastructural, and community factors, the applicant elected to proceed with a twelve (12) lot subdivision, with lots no smaller than 20,000 square feet. (See Figure 3) The average density of this project would thus be over 28,000 square feet. This project would thus be less than one-half of the prevailing standazd in this azea. The road would be built to standazds called for in the Subdivision 1 V ~ u/~d,' - ~ ~ O- r' `I o ~,a • a - ~ 1 ' PROJECT LOCATION N ~~w ~ 1 ~ ° PROJECT LOCATION ~ '~1~_ . - .'F ////yy11 ~ c... ~ .w i a PM _ L C=° I O ' m O1 < r7 O 1 ~ nl m r. A (1°, ~ ~ E I ~ ~ r _ 3 NOT TO SCALE - ' ~ j~ ~ 1 N S l .I~ y N i~G ~ swr~,. ' i:l hr' ~~l ~~i ~ 1 ~ ~ ~ ~ , ~ ~ ~ ' j ' ~ ;e u ~ ~ P / e3:: ~ ~ r ~ f ~ ~ z,` ~ ( - 3 5~ r ! Y ~ M'~ / l ~ Y i' T f GF a~~ ' ~ ~ ~ i 2lDZ J s' '"z`---- - `e / j / y a 2 J o. . ~ I°i ~ EP ~ c / e, r ~ / ~ ~ p i n u ~ ; 1 y > k ~ • a. ~ 4 i i ~ w: s' 3 S ~i ' FIGURE 1 .(b'MNOIH dOHb'7b'Wd{N (5~ 0 L -d 'ON 'd ~d d~ Od0~1 1738 11 b'M b'H Wpirnea on~,o~ of /10 j _ ~ O W ~ O Z ; ,y Z r„ l ~ u W ~ v - ~ z~ o ` z -~i a ~y l ~ ~ 1 i J C.7 j Q t V ~ O ~ Y c m m Q ~ I 1 TRUE NORTH ~ ~ lei F. 7 INCH = 3'~ ~ J FIGURE 2 A-3o ZONr~C (Farmwy IMplwvwr) RS-70 ZOWAG A-Sa ZGwwc (Fanwrd Unp/onnrd) N N j f ~ iu /u srn~r ' r gd ~ _ xrx sm~ ~ 1 N 1 t Y i c ~s r 'gi~ ~ ~ t a ~Ii ~ ;.T a' 1 °i ' ~ f ~ , a ~ - 5~ ~ 1 ~ ~ `r ~ ~ h ~}r{ i'' ' .f 1 ~ ~ ~ ~ ; boa ~ ~D' t tl ~ ~ s ~ ~ a a aucu aucE ~ ~ f ~ ? ~ ~b f ; a ~ ~ ~ 1 V o ~ y ~ i ~ ~ ~ ~ ~ A 1 ~ k ~ ' ~ ry ~ ~ Y Y ( ` .'J t ~ ° r I#i5 ' ~ ~ ~ ~ i ~ is 1 ~ V I Z ~ c ~ ~ Y Y ~~b ~ 1 ~ Z a 1 ~'c 8 g ~ y i KA NCN f,'IACE j . i i SSi~E ~ ~q i~a * I~~ Y ~ a rr - reri -••r /i4WA!/ BELT RCNO (F. A P. NO. F-f0 (5)) .fir ,IYM?~IH NOFII~~VW ?y d ( F S L WIO~ - ax c ~ ~ ~ $ ~ t ' s! a ...~o : - + D p~ ~~g g ~i~ ~ pZ'~'o 20 ..2 ° 2 ~ ~ a ~ c Oiti, C C ~ ~„r a'* ,.~.r Code. It would be kept private and maintained by the respective lot • owners. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of approval, and marketing demands. It should also be noted that the applicant intends to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" dwelling. There will also be a 10-foot wide landscaped buffer extending the entire length of the south property line B. Project Timetable and Cost The applicant hopes to secure the necessary State Land Use and County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for having the lots on the mazket by the end of 1999 or eazly 2000. The estimated cost of the improvements is estimated at $500,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. To effectuate this project, the entire site is being requested to be reclassified into the Urban district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process both the boundary reclassification and zoning requests. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Extensive Agriculture with the Urban Expansion overlay. The Extensive Agriculture designation refers to pasturage and range lands. This site also has the Urban Expansion overlay. This overlay allows for a mix of high density, medium, and low density uses. Based on the requested Single Family Residential (RS-20) zoning, the project would be consistent with the General Plan and no amendments would be required. 2 C. Draft Kona Reeional Plan This plan attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1984. It has not, however, been adopted by the County Council. The Land Use Concept map of this plan identifies ages-4 designation for this area. This designation suggests residential uses, up to four (4) units per acre. The requested RS-20 zoning would be consistent with this designation. D. Keahole to Kailua (K to K) Development Plan The K to K Plan was adopted by the County council by resolution on April 3, 1991. This Plan is intended to serve as a guide to help with the planning and implementation of infrastructural and land use activities. The designation of this area is Resrdential Expansion. Accordingly, the ' requested RS-20 zoning would be consistent with this Plan. _ E. County Zoning The County zoning of the subject area was Unplanned, which allowed for a minimum of 5-acre lots. With the adoption of the new Zoning Code and the subsequent elimination of the Unplanned category, the site de facto, became zoned Agriculture (A-Sa). If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested RS-20 zone would be adhered to. F. Council l Resolution No. 20 97 The County Council, on January 22, 1997, adopted the subject resolution. This resolution called for the County Administration to "initiate a comprehensive plan to interlink and enhance the community of I{alaoa through publicly and privately funded improvements, and establish an advisory committee of representatives from the various neighbors to guide and assist in planning..." matters such as park/community center, roadway, and water inSrastructural improvements. The subject property is part of this planning area. 3 G. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted eazlier, other pernuts would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Underground Injection Control (iJIC) permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site ranges approximately between one thousand six hundred (1,600) to one thousand six hundred eighty (1,680) feet above mean sea level. The mean annual rainfall in this azea ranges between 50 and 75 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leewazd side of the island, wind tend to be light and vaziable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The entire parcel is generally rectangular in shape, and likewise, the project area is generally rectangular. However, it has a wider frontage at the mauka end ofthe site. The site is vacant of any structures. It has been used in the past periodically for cattle grazing B. 50113 apd TODOgrBphY The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope from the Belt Highway to the Ili'ili Street end of the project area. The US Department of Agriculture Soil Conservation Service Soil Survev Revort classifies the soil to be oftbe ICaimu (rICED) and Punalu'u Series. The ICaimu series is characterized by well-drained, think organic soils over Aa lava. Permeability is rapid, runoff is slow, and the erosion hazazd slight. Generally, this type of soil is not suitable for cultivation. 4 The Punalu'u Series consists ofwell-drained thin organic soils over pahoehoe • lava bedrock. Permeability is rapid, runoff is slow, and the erosion hazard slight. This type of soil was typically used for cattle grazing. The Land Studv Bureau Overall Master Productivity Rating. for the subject area is Class "E" (E301) or poor. This designation suggests that the site does not have a very high potential for agricultural productivity. The Bureau notes that this soil series (Pahoehoe with Moaula) has frequent outcrops of pahoehoe and is poorly suited for machine tillabitity. The soil texture is moderately fine, the color is dark brown; and the pazent material is volcanic ash and pahoehoe. It is moderately 'drained, and because it is rocky with frequent outcrops of pahoehoe, it is not suited for machine tillability. The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISH) maps does not classify this site as being either "prime, unique, or other" agricultural land. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project. site to be located in Zone X, areas outside the 500-year flood plain. 2. Tsunami Hazard As the site is located over 5 miles from the ocean and near the 2,000 foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic aad Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated azea of I{ailua-Kona also fall in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 3, according _ to the County Building Code. As such, certain structural requirements 5 will be needed and taken during the building pemrit process to address ' this seismic hazazd. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources ofthe site, the applicant does not believe that raze or endangered floral or faunal resources are h7~ely to be found within the subject site. The site has already been cleared by bulldozers in the past. Further, the site has been and intermittently continues to be used for cattle grazing. A visual inspection of the site, however, notes that the presence of patches of Lantana (Lantana camas) and Christmas Berry (Schinus terebinthifolius. Thus, floral impacts should be minimal. The site is not known or registered as an habitat for rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk or Hawauan Owl flying in the general azea. E. Historic/Arc6aeoloaical Resources As the site was formerly cleazed and utilized for cattle grazing, no commissioned azchaeological survey ofthe site was made. The clearing would make it less likely to find any azchaeological features on the site. Nonetheless, during the course of developing the subdivision, should any unanticipated azchaeological features or sites be discovered, work will immediately cease and the applicant will notify the Planning Department. Upon receipt of clearances, work will resume. F. Water and Coastal Resources The subject site is located well over 5 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, septic tank or related system meeting with the approval of said agency will be done by the respective property owners at the time of issuance of a building permit for the proposed lots. 6 G. Noise. Air Quality, and Dust Ili'ili Street will serve as the County access to the proposed lots. This street intersects with Ka'iminani Drive, which in turn connects to the Belt Road, less than 1,000 feet to the east. As the site and the surrounding lots are proximate to Ka'iminani Drive and the Belt Road, the ambient noise level relative to traffic is a little higher. Nonetheless, the azea is still residential in chazactet. The addition of vehicular movements generated by twelve (12) more lots should not generate an appreciably higher level of noise. There will, however, be short term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air auality impacts. The only discernible av quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standazds for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Heahh's regulations. H. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there aze sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the area The site is located more on the lower slope of Hualalai Mountain, and the normal residential height should not detract from the mountain. 7 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surroundin¢ Land Uses The predominant ]and use in this azea is single-family residential. The Kona Palisades Subdivision, consisting of 10,000 squaze foot lots, is located immediately to the site's south. There is a RS-10 subdivision/zoning located across of the site on the makai side of Ili'ili Street. The Kona Coastview Subdivision is located generally to its north, and there is a band of RS-10 zoned property one lot north of the subject site. There were also at least three properties that were rezoned into the RS-10 district in this area over the past four years. The site is thus bounded by residential uses and/or zoning. B. Economic Imaacts The requested zoning would have some measure of economic impact, as h would make fee simple lots available to individuals wishing to live in this part • of Kona. In turn, it would minimize the pressure to utilize more important agricuhural properties along the Coffee Beh, and thereby impacting an important industry. Further, there will be some short-term construction activity. And this, could help with the area's economy. C. A¢riculturalImoacts The site has not been used for intensive agricultural activity. It has been used essentially and intermittently for cattle grazing. While this use could continue, it may not be a productive use of the land, given the emerging residential pattern in the azea. More importantly, the land has not been classified as being important from an agricultural resource perspective under the various soil classification systems. It is classified as "E" or very poor by the Land Study Bureau and not even classified under the ALISH system Because of the site's location (North Kona) and elevation (1,800 feet), it represents a fairly attractive area for residential projects. As such, it could reduce pressures for the development or non-agricuhural use of the better agricuhural lands in and azound Holualoa and the rest of the Coffee Belt. In 8 so doing, it would indirectly be helping or fiuthering the agricultural ' objectives of the County. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would be via Ili'ili Street. This County road has aright- of-way of fifty (50) feet with a pavement width of twenty (20) feet. I{a'iminaty Drive, which serves as one of several mauka-makai connector roads between the Queen Kaahumanu Highway and the Hawaii Belt Road, has a 60-foot wide right-of--way with a pavement width of twenty four (24) feet. The applicant intends to construct a private road within the project site. Hopefiilly, a private road without paving the entire right-of--way could be achieved to help address quality and drainage issues. B. Water • There is an 6-inch County water line fronting Ili'ili Street. This line will be extended to service the proposed lots. According to discussions with the Department of Water Supply, water for the proposed twelve (12) lot subdivision could be made available. This would be subject to the applicant's payment of the water commitment fee. A copy of a letter, dated December 31, 1998, from the Department of Water Supply relating to this matter is attached as Exhibit A. C. Wastewater There is no County wastewater system in this azea. As such, a septic tank system meeting with the approval of the Department of Health will be allowed. This will be done by the respective lot owners at the time of actual construction of the residences. D. Solid Waste Solid waste will be handled through a commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.. With the requested RS-20 caning, the potential for uses with tonic or related chemical waste would be minimal, if at all. 9 E. ~ Other Government Services As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The Fire Station is located in Kailas, approximately five (5) miles away. The Police Station is located at Kealakehe, approximately four (4) miles from the subject site. It should also be noted that there are on-going discussions to have a fire station constructed in this general azea. Elementary schools aze available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately three (3) miles away. County parks aze available in Kailua, Keauhou, and Kealakehe. As such, the project should not resuh in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services, are available to the site. The applicant intends to bring the electricity directly from the Belt Road and not through Ili'ili Street. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lon¢-Term Productivity If the requests were denied, the short term use of the site would probably be an undeveloped tract of land and used intermittently for cattle grazing. There could also be the possibility of using the land as a large single-family lot. Given the residential nature of this, the retention of the Agriculture (A-Sa) zoning may not result in the best development of the site. There would be a large residential lot, which -because of its resource characteristics -may not be capable of supporting intensive agricuhural activities. At the same time, pressures could occur on the conversion of lands currently being used for more intensive agricultural activities in the mauka Holualoa azea. 10 Given those conditions, it may be more prudent from a land use perspective to more effectively utilize the project site to satisfy a residential lot demand than to subdivide them into large lots. The projected use could indirectly help retazd the pressures for the unnecessary conversion of the better agricuhural lands for residential activities. ' B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or azchaeological resources. C. Miti¢ative Measures The applicant intends to provide the required on-site infrastructure in conjunction with the subdivision process. At the same time, any drainage issue will be mitigated, as plans meeting with the requirements of the County would have to be implemented in conjunction with the subdivision approval process. Should unanticipated azchaeological finds be discovered during the construction of the project, work will stop (as is required by the State and County) and clearance secured before work will resume. To m;nim;~r impacts to the existing residential homes, the private road is planned for the north end of the site. The lot to the site's north is vacant. Further, a 10-foot wide landscaped buffer would also be required along the site's south boundary to further mitigate noise and visual impacts of this project to the adjoining lots. As the site is presently vacant, no person or businesses would be dislocated. D. Alternatives to the Proaosed Project 1. No Project Under this status quo ahernative, the site will either remain in its present condition or be developed into a 7-acre lot project. This ahernative would resuh in short-term construction impacts (noise, dust, traffic) resuhing from the construction of a dwelling. Additional vehicular traffic, although not significant, resulting from the ultimate uses within the site would also be present. 11 The LUPAG map designates the site Extensive Agriculture, with an Urban Expansion overlay. These designations allow the requested IiS-20 zoning. It should be noted that a density of 4 units per acre (or RS-10) could have been considered. As such, the project would be significantly less than what could be allowed and is thus consistent or supportive of the LUPAG map. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standazds of the General Plan document. For one, it would provide short-term economic opportunities largely through the construction of the subdivision. Some limited longer-term opportunities could be created, largely in the area ofrnaintenance ofthe private roads and landscaping. The project should also add revenues to the County and State coffers. ' The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) azeas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular trancn»csion, air pollution associated with the project should be negligible. Cesspools would not be used, and instead a septic system or other alternative individual wastewater system meeting with the State Department of Health will be used to address potential groundwater and coastal water concerns. If required, a solid waste management plan could be prepazed and implemented. The project will also not be a noisy one, as residents would come to this area to enjoy its tranquillity. Any noise- generating facility -such as air conditioners - would be cazefully placed to minimi~r their noise impacts. The site is designated Zone X, areas of minimal hazard. Nonetheless, in in conjunction with the subdivision review process, a drainage system will be developed and implemented to address these concerns. This system will be designed in a manner to protect the property as well as to minimise the volume of surface runoff generated by this development. 13 'The site does not appear to have historic sites, as it has been cleared in the past and intermittently being used for cattle grazing. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the construction of the project; and work will resume only after proper cleazances from the State and/or County have been received. Being previously intensively used, the prospects of the site serving as a habitat for raze or endangered plant or animal life appear remote. The project will create additional houselots. It should help to diversity the type of houselots in the region, while reducing pressures for the premature conversion of the area's better agricultural lands. In so doing, it would implement the housing element of the General Plan. The Plan also emphasizes that developments be mindfiil of an aeea's natural beauty. In this situation, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. As the project site is more than five (5) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic system, impacts to the coastal water will be minim;~eri. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fiilty improved. Schools and other public facilities are also located proximate to the site, most of them being four (4) to five (5) miles away. Finally, in terms of Laud Use, the project would be consistent with the LUPAG map. It would also be generally compatible with the surroundinv azea. The site is essentially bounded by RS-10 zoning and/or lots. This lot represents an "in-filling" of the RS-10 pattern between the Kona Coastview and Kona Palisades Subdivisions. C. Koua Plans The draft Kona Regional Plan and the K to K Plan both suggest a Res 4 (4 units/acre) density. The requested RS-20 zoning, ahhough less than the maximum desired, still wouk be consistent with those designations. The request would be fulfilling the land use concept and objectives of those documents. 14 D. ~ Zonin¢ and Subdivision The designated zoning of the site is "Unplanned." However, as the recently- adopted Zoning Code eliminated that designation, the de facto zoning of the site has been determined to be Agricuhure (A-Sa). This would suggest one unit for every five acres of land. The requirements of the zoning and subdivision codes would be complied, including use and related development standazds. D. State Land Use Urban Standards As the requested area covers less than fifteen (15) acres, the request can be processed by the County. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standazds. These standazds and their justification follow: - 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and B above. 2. Relationship to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15-15-18). Their relationship to this request aze noted as follows: a. "City-Like" Characteristics This azea is chazacterized by a concentration of people, structures, streets, and urban level of services. There aze multitude of residential homes in this area; a neighborhood commercial center is located less than a mile from the site. Although the adjoining Kona Palisades and Kona Coastview Subdivisions aze zoned A-Sa by the County, the lots are residential in size (10,000 squaze feet). b. Factors of Urban Characteristics The site is proximate to centers of trading and employment. It is less than four miles from major sources of employment - 15 these being the Kaloko Industrial Pazk, Airport, and Kailua Village. All of the related urban amenities and services such as schools, pazks, and protective services are also located less than five (5) miles from the site. As such, basic governmental and utility services are readily available to this azea. This reclassification will not necessarily result in providing a sufficient urban reserve area for growth, as the applicant intends to develop the property immediately. Further, the site represents more of an "in-filling" and as such, would not really be suitable for a growth reserve area. Nonetheless, its approval and development could make fringe properties more suitable for reserves. c. Natural Hazards Topographically, the site is suitable for development. It does not have slopes in excess of 30 degree. The site has no known unstable soil condition or floodways that traverse it. It is outside of the tsunami zone and is not located within the high volcanic hazard azea. Although within Zone 3 of the earthquake hazards, this is a category that applies islandwide. d. Conti¢uous to Urban Areas As noted eazlier, the site is contiguous to urban areas. Although the Kona Palisades and Kona Coastview Subdivisions are zoned A-Sa, their lot sizes (10,000 square feet) and uses aze urban in nature. There aze further other properties that aze zoned 125-10 in the area, one of which is located immediately makai of the subject site. e. Relationship to County Growth Plans This site does not represent the creation of a new urban concentration, as the sun•ounding area is already an urban like environment. As such, this standazd is not really applicable. However, it is noted that the site and surrounding areas are designated for expansion and growth on the appropriate county plans and documents. 16 r f. "Scatterization" Impact As the site does conform to the standards described eazlier, standard 6 does not apply. Standard 7 relates to the potential creation of a "spot" zoning and thereby increasing the need to extend public services at considerable taxpayers' expense. In this situation, the azea is already developed and the subject site represents an "in-filling." Its development should thus not result in the expansion or extension of government services. g. Slope of Property The slope of the site is less than twenty (20) percent. As such, development of this site would not be violative of this principle. 17 ~S rir~~ r~~y DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 4~ a'~ r 25 AUPU NI STREE7 HILO, HAWAII 96Y20 TELEPHONE (808) 961.8660 • FA:( (806) 9878857 December 31, 1998 . Ms. Gayle A. Ching Caldwell 9anker/Aloha Properties 75~,j~l~ud1a1a1._Road.. Suite 8-105 Kailua-Kcna ~i 96740 WATER AVAILABILITY TAX MAF KEY J-3-005:089 This i; in response to your facsimile of December 22. 1998. For your inf%rmation. the property has a water commitment through the Kona Source Agree^ent I1 fcr seven additional units of water that expired on June 30, 1991. The 7 units were transferred from an original 15 units obtained through the Kona Source Agreement 'I by Tricraft Associates for Tax Map Key 7-3-005:011. The ~cna Scur.:e Agreement II, executed in 1985, was an agreement between the Water Commiss~an and developers to pursue source development in Kona. Through the agreement tf?e developers paid the prevailing facilities charge at that time cf 5:.500.00 pcr unit and secured a water commitment. A provision of this agreement was that the developments be completed by June 30. 1991. Since most of the deve~oper; ;id not utilize their respective units by this deadline, the Water Com^,s~ir.,r. ir.-:*ially exirPnded the deadline to June 30. 1994 with the payment of an add~tuma? 5:?OO.OG per unit, Subsequently, the Commission further extended the deadline to June 30, 1990 with no additional payment. A li'taer cf ;eptember 10, 1991 requesting the 52.100.00"for the ' additional units was .<.;eni: to 'r, Miwa, Inc. We are enclosing a copy for your information, To date. we 'nave not received this payment. As such, there is no Commitment for these units. H^..~„ever, the immediate remittance of 52.100.00 for the seven units will ef`eCt 'time extension-to June 30, 11199. EXHIBIT A Ms. Gayle A, Ching Page December 31. ].998 Thp fol,owing;is a ?ist of the possible water commitments for the property: •rxisting i~t of record 1 unit • Remittance of 52,100.00 for an extension of the water 7 units :ommitmP.nt until June 30, 1999 - Maximum number of additional units through change of zone 6 units request (Subject to compliance with .:hange of zone and subdivision code requirements) i_- Total 14 units Fer your added 'information, the required improvements will include, but not be lim?led to, the construction of a water distribution system capable of delivering water a*, adecuate pressure and volume under peak-flow and fire-flow conditions. Furthermore. the applicant must comply with the conditions of the Kona Source Agreement. I! and with all applicable po1"Icies and requirements of the Department's Rules and Regulations. Before nwre 'than two units of water Can be granted to the parcel, the water system, along with the necessary easements, must be conveyed to and accepted by the Water fommission and the Corpordti0n Counsel. If you ,have any questions, please Contact our Water Resources and Planning Branch a; 961.96F0. Milton D. Davao. P,E. Manager BCM:gms Enc. d>