Loading...
HomeMy WebLinkAboutCOM 1054.000 2020-2022 ®F•H'fjY Lee E.Lord Managing Director Mitchell D.Roth •i :• Mayor : Robert H.Command �Ta'4�,N*,,►� Deputy Managing Director 25 Aupuni Street,Suite 2603 Hilo,Hawaii 96720 (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 • Fax(808)323-4440 October 3, 2022 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 10 Dear Chair David and Council Members: SUBJECT: State Land Use Boundary Amendment(PL-SLU-2022-000006) Request: Agricultural to Rural Change of Zone Application (PL-REZ-2022-000026) Request: Agricultural-5 Acres (A-5a) to Residential and Agricultural- 2 Acres (RA-2a) Applicant: Arte McCullough Tax Map Key: (3) 6-2-009-015; South Kohala, Hawaii As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced requests. Sincerely, MITCHELL D. ROTH Mayor C:AUsers\nsauer\DocumentsAPC\2022 COR\2022-08-18\McCullough\Council Packet\TCouncilMcCulloughPL-SLU-2022-000006&PL-REZ- 2022-0000261pc Enclosures cc: Planning Department �`!� �'� Comm. No. 9 Ref.To: County of Hawaii is an Equal Opportunity Provider and Employer. Ref. bate JNgVf0s .q Mitchell D.Roth Michael Vitousek,Chair Mayor '' $arbara DeFranco,Vice Chair Michael Dela Cruz Lee E.Lord Clement"CJ"Kanuha III Managing Director •ptr"' ° p*� '0F«� Zaheva Knowles �-�II (' �TT Mahina Paishon-Duarte Count OI Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 o Hilo,Hawaii 96720 Phone(808)961-8288 - Fax(808)961-8742 September 30, 2022 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: State Land Use Boundary Amendment(PL-SLU-2022-000006) Request: Agricultural to Rural Change of Zone Application (PL-REZ-2022-000026) Request: Agricultural-5 Acre(A-5a) to Residential and Agricultural-2 Acre (RA-2a) Applicant: Arte McCullough Tax Map Key: (3) 6-2-009-015; South Kohala, Hawaii The Leeward Planning Commission, at its duly held public hearing on August 18, 2022, considered the above-referenced applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural-5 acres (A-la) to Residential and Agricultural-2 acres (RA-2a) for 5.848 acres of land. The subject property is part of a two-unit condominium property regime and is located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision, `Ouli, South Kohala, Hawaii. The Commission voted to forward a favorable recommendation to the County Council for State Land Use Boundary Amendment Application PL-SLU-2022-000006 based on the Planning Director's recommendation. The Commission also voted to forward a favorable recommendation for Change of Zone Application PL-REZ-2022-000026 based on the Planning Director's recommendation. The Commission concurs with the following Planning Director's reasons for favorable consideration of the requests: Hawai`i County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawaii September 30, 2022 Page 10 Enclosures: Draft Bills Planning Department Background Report Planning Department Recommendation Report Planning Department PowerPoint Presentation Draft Hearing Transcript cc via email wldraft bills: Mr. Arte McCullough Mr. Daryn Arai, Land Use Planning Consultant cc via email wlout encl.: Department of Public Works Department of Water Supply Jean Campbell, Esq., Deputy Corporation Counsel Maile David, Council Chair and Members of the County Council County of Hawaii September 30, 2022 Page 2 State Land Use Boundary Amendment The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots, approximately 2.9 acres in size containing an existing single-family dwelling on each lot. The applicant is also requesting a concurrent Change of Zone from Agricultural-5 acre (A-5a) to Residential and Agricultural-2 acre(RA-2a) for the 5.848-acre subject property. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Pian and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries. (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the area; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The property was created on April 29, 1985 as one of 30 lots in the Kanehoa Estates Subdivision. The surrounding lands are located within the State's Agricultural (A) and Rural (R) Districts, and the County's Residential and Agricultural (A-20a, A-5a, RA-2a) zoned districts. The Anekona Estates Subdivision is located immediately to the west (makai) of the Kanehoa Estates Subdivision. The Kamuela Plantations Subdivision is located to the east. These subdivisions include mixed residential and small farm uses as well as vacant lands. Finally, there is a vacant 1,962-acre parcel to the north across Kawaihae Road which is zoned A-40a. These subdivisions include primarily residential uses with some agricultural uses and vacant lands. From 1998 to 2006, the County Council approved 32 similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts and Change of Zones from A-5a to RA-2a in the Kanehoa Estates Subdivision and adjacent Anekona Estates Subdivision. Maile David, Council Chair and Members of the County Council County of Hawaii September 30, 2022 Page 3 Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..." The proposed boundary amendment from the Agricultural to Rural district is necessary in order for the applicant to subdivide its property into two lots approximately 2.9 acres in size. The minimum lot size in the State's Agricultural district is 1 acre whereas the minimum lot size in the State's Rural district is one-half acre. The applicant has stated that the 5.848-acre parcel will be subdivided into two residential/agricultural lots. According to HRS 205-3.5, Reclassification of land contiguous to an agricultural district; approval conditions: a) Any decision approving a petition for a boundary amendment pursuant to this chapter where lands in the petition area are contiguous or adjacent to lands in the agricultural district, shall include the following conditions in the decision granting approval: (1) A prohibition on any action that would interfere with or restrain farming operations; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the agricultural district; and (2) Notification to all prospective developers or purchasers of land or interest in land in the petition area and subsequent notification to lessees or tenants of the land, that farming operations and practices on adjacent or contiguous land in the agricultural district are protected under chapter 165, the Hawaii right to farm act, and that the notice shall be included in any disclosure required for the sale or transfer of real property or any interest in real property. As the subject property is adjacent to the north and south to parcels located in the State Land Use Agricultural District, the above will be added as conditions of approval. Based on the foregoing, the requested boundary amendment and subsequent subdivision would be consistent with the permissible uses of the Rural district. Maile David, Council Chair and Members of the County Council County of Hawaii September 30, 2022 Page 4 The proposed Rural boundary amendment request would be consistent with, among others, the Land Use(Single Family Residential)policies of the General Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary amendment request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Rural. The General Plan's Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The Kanehoa Estates Subdivision, as well as adjacent subdivisions, includes a mix of rural-residential and limited agricultural activities. This boundary request would allow a rural development for residential-agricultural uses that will complement the existing and future residential-agricultural land use patterns of the immediate vicinity. The property is located within the State Land Use Agricultural and County's Agricultural (A-5a) zoned districts and is actively being used for residential and agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property are classified as E, considered very poor for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would make it difficult for sustained agricultural activities from being conducted on the site. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the subject property is from `Ouli Street, a privately owned and maintained roadway with a fifty (50) foot right-of-way with sixteen (16) feet of asphalt paving and grass swales. Both proposed lots will have direct access off`Ouli Street. The Department of Water Supply (DWS) is currently servicing the two (2) existing single-family dwellings on the subject property with two (2) existing water meters fronting the existing parcel. DWS requests that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing services, prior to recommending final subdivision approval. Should the existing meter or service lateral not Maile David, Council Chair and Members of the County Council County of Hawaii September 30, 2022 Page 5 front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with the Department' s Rules and Regulations. The Department requests that the plat map be revised to show the existing meter locations with the meter numbers. According to the applicant, no further units of water will be necessary to support the proposed two (2) lot subdivision. The proposed lots will continue to utilize their own individual wastewater septic systems that were previously approved by the State Department of Health (DOH). Solid waste will be disposed of at the Waimea transfer station. The subject property is in area designated as Zone X, which is an area determined by the Federal Emergency Management Agency (FEMA) to be outside the 500-year flood plain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Police, fire, and emergency services are available nearby in Waimea, approximately six (6) miles to the east of the site. All essential utilities are available to the project site. Thus, all essential infrastructure is available to support the requested boundary amendment to the Rural district. Finally, the boundary amendment would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement-Housing objectives and policies: a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawai`i'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. (2) The orderly development of residential areas sensitive to community steeds and other land uses. b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawai`i's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. Maile David, Council Chair and Members of the County Council County of Hawaii September 30, 2022 Page 6 (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) 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. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. The accompanying draft bill to amend the State Land Use District Boundary Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Change of Zone The applicant is requesting a Change of Zone from Agricultural-5 acre (A-5a) to a Residential and Agricultural-2 acre (RA-2a) zoning district to subdivide the property into two lots approximately 2.9 acres in size. The subject property is part of a two-unit condominium property regime (CPR). The dwelling on the first CPR unit was constructed in 1990, and the dwelling on the second CPR unit in 1998. According to the applicant, the primary purpose for the requests is to address estate planning as the subject property currently consists of two (2) condominium property regimes (CPRs) consisting of approximately 2.9 acres each, with each CPR unit accommodating one of the two existing single-family dwellings. No additional improvements are currently proposed by the applicant and the subject property is fully built out with existing dwellings. The applicant is also requesting a concurrent State Land Use Boundary Amendment from the Agricultural to Rural District for the 5.848-acre subject property. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. Maile David, Council Chair and Members of the County Council County of Hawai i September 30, 2022 Page 7 The Change of Zone Application from an Agricultural-5 acre (A-5a) to Residential and Agricultural-2 acre (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plane The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property's Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from nine thousand (9,000) square feet to two (2) acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The applicant's request for a Residential and Agricultural-2 acre (RA-2a) zoning district conforms to the Rural designation in that the proposed 2.9 acre lot size is consistent with the lot sizes typically found in the rural areas, and the surrounding properties consist of residential and small farm lots. The property is not considered important agricultural land as it is considered Unclassified on the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. It is also classified as very poor by the Land Study Bureau, which determines productivity ratings of agricultural lands. The 5.848-acre subject property is roughly rectangular in shape and is improved with two (2) existing single-family dwellings, and related structures. It also has extensive landscaping, yards, orchards, and structures related to its residential and agricultural uses. The property is in the Kanehoa Estates Subdivision and borders `Ouli Street on the east, which is privately maintained, and Kawaihae Road to the north. The property has a gentle and gradual slope in the north-to-south direction of about 5 percent. There are no topographical constraints that affect the subject property, which is currently cultivated Maile David, Council Chair and Members of the County Council County of Hawai i September 30, 2022 Page 8 with more than 200 fruit trees consisting of mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee, and flower trees. On April 29, 1985, the subject property was part of Kanehoa Estates Subdivision, which established thirty (30) lots at least 5 acres in size each. The surrounding lands are located within the State's Agricultural (A) and Rural (R) Districts, and the County's Residential and Agricultural (A-20a, A-5a, RA-2a) zoned districts. The parcel immediately to the east, across `Ouli Street, and west of the subject property is zoned Residential and Agricultural-2 acre (RA-2a). The parcel to the north, across Kawaihae Road, is zoned Agricultural-40 acre (A-40a). The parcel to the south is zoned Agricultural-5 acre (A-5a). According to the applicant, over the past couple of decades, individual lots within this subdivision have witnessed State Land Use Boundary Amendments and Change of Zone requests identical to that requested by the applicant, resulting in subdivisions of these original lots into smaller, 2-acre parcels. These amendments have occurred to the parcels immediately to the west and east of the subject property. The proposed change of zone would complement the existing and predominately rural residential land uses in the surrounding area and is consistent with the General Plan designation for the area. As areas that were once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawaii Right to Farm Act. Conditions of approval will be included to protect agricultural operations in the area from nuisance complaints. All utilities and services are available to the site. Access to the subject property is from `Ouli Street, a privately owned and maintained roadway with a fifty(5 0) foot right-of-way with sixteen (16) feet of asphalt paving and grass swales. Both proposed lots will have direct access off`Ouli Street. According to the applicant, no further units of water will be necessary to support the proposed two (2) lot subdivision. The Department of Water Supply (DWS) is currently servicing the two (2) existing single-family dwellings on the subject property with two (2) existing water meters fronting the existing parcel. DWS requests that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing services, prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with the Department` s Rules and Regulations. The Department requests that the plat map be revised to show the Maile David, Council Chair and Members of the County Council County of Hawai i September 30, 2022 Page 9 existing meter locations with the meter numbers. The requirements from DWS will be added as conditions of approval. The proposed lots will continue to utilize their own individual wastewater septic systems that were previously approved by the State Department of Health (DOH). Solid waste will be disposed of at the Waimea transfer station. The subject property is in area designated as Zone X, which is an area determined by the Federal Emergency Management Agency (FEMA) to be outside the 500-year flood plain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Police, fire, and emergency services are available nearby in Waimea, approximately six (6)miles east of the site. Based on the above findings, approval of this change of zone request from an Agricultural-5 acre (A-5a) to a Residential and Agricultural-2 acre (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as Amended), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. These recommendations do not, however, sanction the specific plans submitted with the applications as they may be subject to change given specific code and regulatory requirements of the affected agencies. We are enclosing copies of the Planning Department's Background report, Recommendation report, PowerPoint presentation, and a draft transcript of the Commission hearing. Sincerely, �Ghad )//I Gk Pvl i c ha 1,111.6 3 s---K Se 30 2f t?1_2.1.7 HS ) Michael Vitousek, Chairman Leeward Planning Commission \\COHO 1\planning\public\wp60\PCTCC2022-3 lLMcCulloughPL-SLU-2022-000006&PL-REZ-2022-0000261pc BMcCo11oughSLUREZ.CM.7.28.22 COUNT' OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ARTS MCCOLLOUGH STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2022-000006) CHANGE OF ZONE APPLICATION (PL-REZ-2022-000026) ARTS MCCOLLOUGH has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural for 5.848 acres of land and a Change of Zone from an Agricultural-5 acre(A-5a) to a Residential and Agricultural-2 acre(RA-2a) zoning district for 5.848 acres of land. The subject property is part of a two-unit condominium property regime(CPR) and is located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision, `Ouli, South Kohala,Hawaii, TMK: (3) 6-2-009:015. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A-5a to RA-2a to subdivide the property into two lots approximately 2.9 acres in size. According to State Law, the State Land Use Rural district is characterized by low density residential lots of not more than one dwelling per one-half acre, in areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. A list of the variety of permitted land uses in the Rural district is shown in Hawaii Revised Statutes, Section 205-2(c). (Planning Department Exhibit 1 —State Land Use Rural District, HRS 205-2(c)) Similarly, according to the Zoning Code, the purpose of the Residential and Agricultural (RA) zoning district is to provide for activities or uses characterized by low density residential lots in rural areas where"city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. Requirements for establishing a land use in the RA zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5- -1- 50 to 57 of the Zoning Code. (Planning Department Exhibit 2 - Zoning Code Requirements for Residential and Agricultural District) 2. Purpose for the Requests: According to the applicant, the primary purpose for the requests is to address estate planning as the subject property currently consists of two (2) condominium property regimes(CPRs) consisting of approximately 29 acres each, with each CPR unit accommodating one of the two existing single-family dwellings. If the requested land use entitlement changes are approved, the applicant proposes to subdivide the 5.848-acre property into two 2.9-acre lots, each of which will accommodate one of two (2) existing single-family dwellings. No additional improvements are currently proposed by the applicant and the subject property is fully built out with existing dwellings. 3. Landowners: Arte and Cathleen McCollough/Kelly and Sharon Moran 4. Supporting Information: The applicant has submitted the following in support of their request. (Planning Department Exhibit 3 - State Land Use Boundary Amendment Application and Change of Zone Application submitted on May 6, 2022) STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural(A). 6. County Zoning: Agricultural-5 acre(A-5a). 7. General Plan LUPAG Map: The General Plan Use Pattern Allocation Guide(LUPAG) map classifies the subject property and the area encompassing the Kanehoa and the adjoining Anekoa Subdivisions as Rural (rur). This category includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from nine thousand(9,000) square feet to two (2) acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses with these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. 8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 9. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and is regulated by the County. The subject property -2- is not situated within the SMA and is located close to five (5) miles from the nearest SMA boundary defined by the Queen Ka`ahumanu Highway and about 5 miles from the nearest shoreline. 10. South Kohala Community Development Plan (CDP): The SKCDP was adopted by Ordinance No. 08 159 on December 1, 2008. The subject property is located along Kawaihae Road between the Kawaihae and Waimea communities within an existing subdivision which is not depicted on any of the Conceptual Plans (Waimea, Waikoloa, Kawaihae, or Puako) in the South Kohala Community Development Plan. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The 5.848-acre subject property is roughly rectangular in shape and is improved with two (2) existing single-family dwellings and related structures. The subject property also has extensive landscaping, yards, orchards, and structures related to its residential and agricultural uses. The property is in the Kanehoa Estates Subdivision and borders `Ouli Street on the east, which is privately maintained, and Kawaihae Road to the north. The property has a gentle and gradual slope in the north-to-south direction of about 5 percent. According to the applicant, there are no topographical constraints that affect the subject property,which is currently cultivated with more than 200 fruit trees consisting of mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee, and flower trees. On April 29, 1985, the subject property was part of the Kanehoa Estates Subdivision, which established thirty(30) lots at least 5 acres in size each. 12. Surrounding Zoning/Land Uses: The surrounding lands are located within the State's Agricultural (A) and Rural (R)Districts, and the County's Residential and Agricultural (A-20a, A-5a, RA-2a) zoned districts. The parcel immediately to the east, across `Ouli Street, and west of the subject property is zoned Residential and Agricultural-2 acre(RA- 2a). The parcel to the north, across Kawaihae Road, is zoned Agricultural-40 acre (A- 40a). The parcel to the south is zoned Agricultural-5 acre (A-5a). According to the applicant, over the past couple of decades, individual lots within this subdivision have witnessed State Land Use Boundary Amendments and Change of Zones identical to that requested by the applicant,resulting in subdivisions of these original lots into smaller, 2- acre parcels. These amendments have occurred to the parcels immediately to the west and east of the subject property. -3- 13. Agricultural Lands of Importance to the State of Hawaii ALIS : Unclassified. 14. Land Study Bureau's Detailed Land Classification System: The soil condition within the subject property is classified as Class E soil. Class E soil is considered very poor for agricultural productivity. 15. U.S.D.A. Soil Survey: The Pu`u Pa is extremely stony with very fine sandy loam, and with 6 to 20 percent slopes (PVD). Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. 16. FEMA FIRM MAP: The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency(FEMA). Zone "X" is an area determined to be outside the 500-year floodplain. 17. Flora/Fauna Resources: According to the applicant, no professional flora or fauna surveys were conducted for the subject property due to the extensively improved nature comprised of homes, agricultural activities, related structural improvements, and extensive landscaping. While the Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) recommended mitigation measures to protect listed or endangered species, it is unlikely that such species are present as the subject property is fully built out. 18. Archaeological/Historic/Cultural Resources: No professional archaeological and cultural study was conducted of the property as the subject property has been fully built out with existing dwellings. According to comments from the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD),the project area has been impacted by residential development, no archaeological inventory survey has been conducted and no historic properties have been identified previously in the project area. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property due to its current and historical use as a home site and its extensively improved condition. 19. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. 20. Traffic: Section 25-2-46 (d) (1) of the concurrency provision requires a Traffic Impact Analysis Report (TIAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. The property is fully built out and -4- will not add additional traffic to nearby roads, nor does it trigger the requirement for a TIAR. UTILITIES AND SERVICES 21. Access: Access to the subject property is from `Ouli Street, a privately owned and maintained roadway with a fifty (50) foot right-of-way with sixteen(16) feet of asphalt paving and grass swales. The Department of Public Works (DPW), Engineering Division recommends that the applicant install streetlights and traffic control devices as may be required by DPW, Traffic Division, and states that the applicant shall be responsible for the design, purchase, and installation of such devices. 22. Water: The Department of Water Supply(DWS) is currently servicing the two (2) existing single-family dwellings on the subject property with two (2) existing water meters fronting the existing parcel. DWS requests that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing service, prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve,the existing meter or service lateral would need to be relocated to comply with DWS Rules and Regulations. DWS further requests that the plat map be revised to show the existing meter locations with the meter numbers. According to the applicant, no further units of water will be necessary to support the proposed two (2)-lot subdivision. 23. Wastewater: There is no municipal sewer system servicing the subject area. The two (2) existing single-family dwellings on the subject property are currently being serviced by their own individual wastewater septic systems that were previously approved by the State Department of Health(DOH). DOH, Wastewater Branch, had no comments on the proposal. 24. Essential Utilities and Services: According to the applicant, electrical, cable, and telephone services are available to the subject property and is currently supporting the two (2) existing single-family dwellings. Public recreational facilities are located either to the east in Waimea, about six (6) miles away, or to the west near Hapuna about seven (7) miles away. Additionally,public and private schools are located in Waimea, about three (3) miles to the east. -5- 25. Public Safety: The nearest police and fire facilities are in Waimea, approximately six (6) miles east of the site. AGENCIES' COMMENTS 26. Department of Public Works-Engineering Division: (Planning Department Exhibit 4—June 13, 2022 Memo). 27. Department of Water Supply: (Planning Department Exhibit 5—May 19, 2022 Memo). 28. Department of Environmental Management: (Planning Department Exhibit 6—May 17, 2022 Memo). 29. Fire Department: (Planning Department Exhibit 7—May 13,2022 Email). 30. State Department of Health: (Planning Department Exhibit 8—May 13, 2022 Memo). 31. State Department of Land and Natural Resources-Division of Forestry& Wildlife: (Planning Department Exhibit 9—June 3,2022 Memo). 32. State Department of Land and Natural Resources, State Historic Preservation Division: (Planning Department Exhibit 10—June 3,2022 Memo). AGENCIES - NO COMMENTSIOBJECTIONS 33. Police Department, South Kohala Traffic Safety Committee, State Department of Land and Natural Resources - Engineering &Land Divisions, State Office of Planning. AGENCIES - NO RESPONSE 34. State Land Use Commission, U.S. Fish and Wildlife Service (USFWS). PUBLIC COMMENTS 35. No public comments have been received as of the date of the writing of this report. APPLICANT'S RESPONSE TO COMMENTS: 36. The applicant has submitted a response letter to comments received from several agencies: (Planning Department Exhibit 11 —June 28,2022 Letter) -6- §205®2 Districting and classification of lands. (a) There shall be four major land use districts in which all lands in the State shall be placed: urban, rural, agricultural, and conservation. The land use commission shall group contiguous land areas suitable for inclusion in one of these four major districts . The commission shall set standards for determining the boundaries of each district, provided that: (1) In the establishment of boundaries of urban districts those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included; (2) In the establishment of boundaries for rural districts, areas of land composed primarily of small farms mixed with very low density residential lots, which may be shown by a minimum density of not more than one house per one-half acre and a minimum lot size of not less than one-half acre shall be included, except as herein provided; (3) In the establishment of the boundaries of agricultural districts the greatest possible protection shall be given to those lands with a high capacity for intensive cultivation; and (4) In the establishment of the boundaries of conservation districts, the "forest and water reserve zones" provided in Act 234, section 2, Session Laws of Hawaii 1957, are renamed "conservation districts" and, effective as of July 11, 1961, the boundaries of the forest and water reserve zones theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute the boundaries of the conservation districts; provided that thereafter the power to determine the boundaries of the conservation districts shall be in the commission. In establishing the boundaries of the districts in each county, the commission shall give consideration to the master plan or general plan of the county. (b) Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated. In addition, urban districts shall include geothermal resources exploration and geothermal resources development, as defined under section 182-1, as permissible uses . (c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4 (c) , in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than eighteen thousand five hundred square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot; provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21, 780 square feet . Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics . Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities . s F � nl In addition to the uses listed in this subsection, rural districts shall include geothermal resources exploration and geothermal resources development, as defined under section 182-1, and construction and operation of wireless communication antenna, as defined under section 205-4 . 5 (a) (18) , as permissible uses . (d) Agricultural districts shall include: (1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry; (2) Farming activities or uses related to animal husbandry and game and fish propagation; (3) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water; (4) Wind-generated energy production for public, private, and commercial use; (5) Biofuel production, as described in section 205-4 . 5 (a) (16) , for public, private, and commercial use; (6) Solar energy facilities; provided that : (A) This paragraph shall apply only to land with soil classified by the land study bureau' s detailed land classification as overall (master) productivity rating class B, C, D, or E; and (B) Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser, unless a special use permit is granted pursuant to section 205-6; (7) Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4 . 5 (a) (4 ) , employee housing, farm buildings, mills, storage facilities, processing facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities of the fee or leasehold owner of the property, agricultural-energy facilities as defined in section 205-4 . 5 (a) (17) , vehicle and equipment storage areas, and plantation community subdivisions as defined in section 205-4 . 5 (a) (12) (8) Wind machines and wind farms; (9) Small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings; (10) Agricultural parks; (11) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5; (12) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5; provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2; (13) Open area recreational facilities; (14) Geothermal resources exploration and geothermal resources development, as defined under section 182-1; (15) Agricultural-based commercial operations registered in Hawaii, including: (A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; (B) Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer' s agricultural operations, and other food items; (C) A retail food establishment owned and operated by a producer and permitted under chapter 11-50, Hawaii administrative rules, that prepares and serves food at retail using products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; (D) A farmers ' market, which is an outdoor market limited to producers selling agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; and (E) A food hub, which is a facility that may contain a commercial kitchen and provides for the storage, processing, distribution, and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii . The owner of an agricultural-based commercial operation shall certify, upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph; and (16) Hydroelectric facilities as described in section 205-4 . 5 (a) (23) Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4 . 5 (d) . Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics . (e) Conservation districts shall include areas necessary for protecting watersheds and water sources; preserving scenic and historic areas; providing park lands, wilderness, and beach reserves; conserving indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered; preventing floods and soil erosion; forestry; open space areas whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding communities, or would maintain or enhance the conservation of natural or scenic resources; areas of value for recreational purposes; other related activities; and other permitted uses not detrimental to a multiple use conservation concept . Conservation districts shall also include areas for geothermal resources exploration and geothermal resources development, as defined under section 182-1 . [L 1963, c 205, pt of §2; Supp, §98H-2; HRS §205-2; am L 1969, c 182, §5; am L 1975, c 193, §3; am L 1977, c 140, §1 and c 163, §1; am L 1980, c 24, §2; am L 1985, c 298, §2; am L 1987, c 82, §3; am L 1989, c 5, §2; am L 1991, c 191, §1 and c 281, §2; am L 1995, c 69, §8; am L 2005, c 205, §2; am L 2006, c 237, §3 and c 250, §1; am L 2007, c 159, §2; am L 2008, c 31, §2 and c 145, §2; am L 2011, c 217, §2; am L 2012, c 97, §6, c 113, §2, c 167, §1, and c 329, §3; am L 2014, c 55, §2; am L 2015, c 228, §2; am L 2016, c 173, §2; am L 2017, c 12, §15 and c 129, §2; am L 2018, c 49, §3] Note The 2018 amendment applies to permit applications filed with the State or county after December 31, 2018 . L 2018, c 49, §6 (2) . Cross References Districts, generally, see chapter 4 . Attorney General Opinions Uses within agricultural districts . Att . Gen. Op. 62-33, 62-38 . Dwellings permissible under this section are further defined by regulations established under §205-7 . Att. Gen. Op. 75-8 . Law Journals and Reviews Avoiding the Next Hokuli 'a : The Debate over Hawai is Agricultural Subdivisions . 27 UH L. Rev. 441 (2005) . Case Notes Cited: 134 H. 187, 339 P, 3d 685 (2014) . ;f 25-5-49 HAWAII COUNTY CODE (c) Plan approval shall be required for all new buildings and additions to existing buildings in the RCX district, except for construction of one single-family dwelling and any accessory buildings per lot. (d) Exceptions to the regulations for the RCX district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 7; am 2015, ord 15-33, sec 4.) Division 5. RA, Residential and Agricultural Districts. Section 25-5-50. Purpose and applicability. The RA (residential and agricultural) district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within areas designated as being in the State land use rural or urban districts. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-51. Designation of RA districts. Each RA (residential and agricultural) district shall be designated on the zoning map by the symbol"RA" followed by a number and the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example RA-la means a residential agricultural district with a minimum building site area of one acre. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-52. Permitted uses. (a) The following uses shall be permitted in the RA district: (1) Adult day care homes. (2) Agricultural products processing, minor, provided that the site or buildings used for such processing, shall be located at least seventy-five feet from any street bounding the building site. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, one per building site. w 25-84 ExF y ZONING § 25-5-52 (10) Family child care homes. (11) Group living facilities. (12) Kennels, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. (13) Livestock production (excluding pigs), provided that: (A) The requirements of the department of health are met; (B) Approval of the director is obtained; and (C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animal shall be located at least seventy-five feet from any lot line. (14) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. (15) Public uses and structures, as permitted under section 25-4-11. (16) Roadside stands for the sale of agricultural products grown on the premises. (17) Stables, commercial or boarding, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. (18) Utility substations, as permitted under section 25-4-11. (19) Veterinary establishments. (b) The following uses may be permitted in the RA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the RA district, provided that if a building site is located within the State land use rural district, the following uses may be permitted if a special permit is obtained for such use: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Community buildings, as permitted under section 25-4-11. (3) Country clubs, tennis clubs and other similar recreational facilities which include buildings or indoor recreational features. (4) Drive-in theaters. (5) Guest ranches. (6) Home occupations, as permitted under section 25-4-13. (7) Lodges. (8) Meeting facilities. (9) Model homes, as permitted under section 25-4-8. (10) Temporary real estate offices, as permitted under section 25-4-8. (11) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. 25-85 {i I 25-5-52 IHAWAI`I COUNTY CODE i (d) The following uses may be permitted in the RA district, provided that either a use permit is issued for each use if the building site is within the State land use urban district or a special permit is issued for each use if the building site is within the State land use rural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Medical Clinics. (8) Schools. (9) Yacht harbors and boating facilities. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the RA district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 11; am 2010, ord 10-17, sec 4; am 2012, ord 12-28, sec 7; ord 12-124, sec 6; am 2014, ord 14-86, sec 7; am 2021, ord 21-26, sec 8.) Section 25-5-53. Height limit. The height limit in the RA district shall be thirty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-54. Minimum building site area. The minimum building site area in the RA district shall be one-half acre. RA districts having larger areas may be designated in increments of one-half acre up to a recommended maximum of three acres. The recommended maximum does not specify an absolute upper limit for any building site in the RA district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-55. Minimum building site average width. Each building site in the RA district shall have a minimum average width of one hundred feet for the first one-half acre of required area, plus twenty feet for each additional one-half acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-56. Minimum yards. Minimum yards in the RA district shall be as follows: (1) Front and rear yards, twenty-five feet; and (2) Side yards, fifteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 10 (7-2021) 25-86 ZONING § 25-5-57 Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA (family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol"FA" followed by a number and the lower case letter"a" which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-87 STATE LAND USE DISTRICT BOUNDARY AMENDMENT AND CHANGE OF ZONE APPLICATION Applicant: ARTS MCCOLLOUGH Request: A-5a to RA-2a Tax Map y: (3) -2-0090015 ` uli, South Kohala District Hawail island "e Pi'e by Daaryn. a P:ar" ni 3o n5 u,Itan May 2022 3 STATE LAND USE BOUNDARY AMENDMENT APPLCA ION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Arte McCollough PETITIONER'S SIGNAT[.l RF: (see attached letter) DATE: March 31, 2022 ADDRESS: 62-2293 Ouli Street Kamuela, HI 96743-8791 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus,) (808) 479-5540 (Res.) (Fax) artemc7l@gmail.com gmail.com LANDOWNER(S): Arte& Cathleen McCollough l Kelly & Sharon Moran LANDOWNER SIGNATURE(S): (see attached letter) DATE: March 31, 2022 Nlav be I)v letter) ADDRESS: (see attached letter) TAX MAP KEY: (3) 6 -2 -009 : 015 STREET ADDRESS OF PROPERTY: 62-2225 Ouli Street(Unit 1) & 62-2293 Ouli Street(Unit 2) ZONING: A-20a SIZE OF PROPERTY: 5.848 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural RFQLIESTED STATE 1-,AND l_ISE DISTRICT CLASSIFICATION: Rural AGENT: Daryn Arai ADDRESS: PO Box 4501 Hilo, Hawaii 96720 email: Daryn.Arai@outlook.com outlook.com TELEPHONE:(Bus.) (808) 895-3218 (Res.) (Fax) Please indicate to wbonn original correspondence and copies should be sent. ORIGINAL: Applicant COPIES; Agent (See Instructions on Reverse Si(le) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the reguestecl information) APPLICANT: Arte McCollough APPLICANT'S SIGNATURE: (see attached letter) DATE..March 31, 2022 ADDRESS: 62-2293 Ouli Street Kamuela, HI 96743-8791 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAJvFFS OF MAIN OFFICERS: PHONE:(Bus.) (808) 479-5540 (Res.) (Fax) artemc7l@gmail.com LANDOWNER(S): Arte& Cathleen McCollough I Kelly & Sharon Moran LANDOWNER SIGNATURE(S): (see attached letter) DATE:March 31, 2022 � see attached letter) REQUEST:_ be b�� letter) LANDOWNER(S)NER(S) ADDRESS: ( ) REQUEST: Agricultural-20 acres (A-20a) TO Residential Agricultural-2 acres (RA-2a) (Existing zoning) (Proposed Zoning) TAXMAP KEY: (3) 6 -2 - 009: 015 STREET ADDRESS OF PROPERTY: 62-2225 Ouli Street(Unit 1) & 62-2293 Ouli Street(Unit 2) Kamuela, HI 96743-8791 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED. 5.848 acres AGENT: Daryn Arai ADDRESS: PO Box 4501 Hilo, Hawaii 96720 email: Daryn.Arai@outlook.com TELEPHONE:(Bus.) (808) 895-3218 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent TO WHOMIT MAY CONCERN: The undersigned below are the current owners of that 5.848-acre property identified as TMK: 6-2-009:015 that is located within the Kanehoa Subdivision in Ouli, South Kohala. As landowners of condominium units within the subject property,we hereby authorize the filing of a State Land Use Boundary Amendment and Change of Zone applications affecting the above- described property into the Rural and Residential Agricultural-2 acre(RA-2a)districts, respectively, in order to facilitate its subdivision into two separate parcels. By this fetter,we also authorize Daryn Arai, Land Use Planning Consultant, to assist us with the processing of these applications before the County of Hawaii. ® Owners of Unit 1 of Kanehoa Pennington Condominum 62-2225 Ouli Street, Kamuela HI 96743-8791 KeI4 Moran Date Sharon Moran Date • Owners of Unit 2 of Kanehoa Pennington Condominum 62-2293 Ouli Street, Kamuela HI 96743-8791 2 602-2- Arte McCullough Date Cathleen Curtis-McCollough Date ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY 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 I and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.848 b. Into what lot sizes? Min 2 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? 6 months d. Do you intend to build houses on the newly created lots? NO If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot 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. included 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? N/A b. Sell or lease the land to someone who has tentative plans? N/A c. Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. Other(please state) P.D.2 5/84 1 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. N/A 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? NO How? 4. Are there any buildings on the subject area? YES If so, what kind?Two existing single-family dwellings along with agricultural buildings and storage sheds/containers What do you intend to do with those buildings if your request is approved? Each existing single-family dwelling and its related accessory structures will be associated with one of the parcels to be created as part of the subdivision. 5. Is the subject land currently being used for any agricultural activity? YES If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of small agricultural lots? YES If so, did your plan include the following considerations? a. Commodity to be produced? N/A What kinds of commodity? Currently in excess of 200 fruit trees, mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee and flowering trees b. Suitability of the proposed lot-size for that commodity? YES 2 c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? YES d. Agricultural leases or other forms of assurance that potential buyers or leases will would put the subject area into some form of agricultural use? NONE Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. existing If you do not intend to subdivide the subject land for some sort of Agricultural purpose, please state your other reasons. Proposed subdivision is primarily for estate planning purposes, to allow each current CPR unit owner to secure their unit in fee. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. 8. Do you think that the roads leading up to the subject area needs improvements? NO If so, what kind? Is the road adequate for the proposed traffic volume or bad? YES 9. What sort of government 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 3 i e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X L Other X For those checked "yes", phase elaborate what type or kinds of improvements and/or assistance are needed. Signature: (see attached authorization from Arte MCCollough) Address: 62-2239 Ouli Street Kamuela HI 96743-8791 Telephone: (808)961-3360 Date: March 28 2022 4 Table of Contents A. DETAILS QFPROPOSED USE/DEVELOPMENT........................................................................................................1 1. Applicant's Request..... .......................... ................. ....................... ....................................--......— ...... ...........1 2. General information................................ .............................. ......................-------------------1 l Location ofProperty..... -----........... ...... ....... ................. .............. .................................--.......... ............. �z « Statement ofObjectives and reasons for the request---------................. .............. .................................3 S. Proposed Project Details..................... .............................. —.................................— ............... ...........................3 6. Timeframe and cost......---- ..................... .........................— ............ ........ -----------------'S B HISTORICAL PROPERTY INFORMATION................ —............. ............................................... ----------G 7. April 39,l985: Subdivision No.S2]8—........... ..................... ...................................... ............................----'5 C. LAND USE AND OTHER REGULATORY CONSIDERATIONS......................................... .............................. ...............6 8. General Plan Land Use Pattern Allocation Guide(UupxG)Map....................................... ..............— .................5 9. South xohabCommunity Development Plan................ ................... ..................................... ...................... ........G »O. State Land Use Designation: Agricultural,.......... .......................... ............ ...................... .......... ..... ........... .....6 11. Current County Zoning................................ — ............................— .......-- ......... ....... .... .............................. 8 zI. Coastal Zone Management,HRS,Chapter ZOSx.... ................ .............. ...............---............................... ......—8 13. Special Management Area(SMA ............................................................................... ....... ............. ........ ..............9 D. DESCRIPTION OFPROPERTY AND SURROUNDING AREA........................................................................................9 14, Subject Pmperty_ ..........--- ................. ...................... ........ ....... --...............— .......... ..............................9 I5� Surrounding Zoning/Land Uses.................. ..........--- ............... ...................... .................... ............................9 16 xUSn: Unclassified.............. .......— ........ —...... ............. .............. .........—......................... ............................10 17 Land Study Bureau's Detailed Land Classification System..... ......--........ .................... —......... ....... .................oD 18. USSoil Smmey ..................... ................................. — ........................ — ................. ................... ......................1U 19. FIRM....................... ..................... ............................ ........................................... ...................................... ........1O DlLava Zone........................---............ — ............................................... --------------------�zz lz. Flora/Fauna Resources.......... — ....... ................. ........................................................... ......— ...... ......... ---�1l 22. Archaeological Resources.................... —................... ......................... ................... -- ........ —....... ......... --lz 23. Cultural n,Native Gathering Rights................. .............. ....... ................................... .................... --...............11 24. Public Access .... ................. .............. ........ — ............................. -----------------------�zz E. PUBLIC UTILITIES AND SERVICES..........................................................................................................................zZ zs� Access:............................ — ..................... ............... ..................................................................... ................. ....12 26. Traffic:.........---..........—................ ....................... ..................................... .......... ..........................— ............l2 27. Water.... ............................ — ..................................................... .................. — ........................... ....... .............zl DlWastewater........... ............... .................................... .............................. ............................................................1Z 30, Essential Utilities and Services.............. ....... ........... ............... ........ --.................... ............ ............................zz 31 public Safety........... .................................. ......... .................. ....................... ...... ............................ ........ ........l3 F. STATEMENT|mSUPPORT oFTHE STATE LAND USE DISTRICT BOUNDARY AMENDMENT AND CHANGE orZONE REQUESTS......................... ........................................................................................................................ ..................14 ]Z. STATE LAND USE DISTRICT..................... ......... ............. ...................................................... .................... ........ ...z4 33. yAVvAUCOUNTY GENERAL PLAN............................... ........................................... .......... .......................... .......l6 34. PUBLIC SERVICES AND UTILITIES............................................................... .............. ................... ..... ............ ...19 ls. COASTAL ZONE MAN4Ge/wEN[ ........ .................................. ........... ............... .................— ......................... 'ZO 36. CONCLUSION........------- .......... .........----...... ........ ................. ............ — ......................... .... .......2z COUNTY ENVIRONMENTAL REPORT IN SUPPORT OF STATE LAND USE DISTRICT BOUNDARY AMENDMENT AND CHANGE OF ZONE APPLICATIONS FOR ARTE MCCOLLOUGH Affecting Tax Map Key: (3) 6-2-009: 01S; `®uli, South Kohala A. DETAILS OF PROPOSED USE/DEVELOPMENT 1. Applicant's Request Arte McCollough, hereinafter referred to as "Applicant", is requesting two land use district boundary amendments for 5.848 acres of land in order to facilitate its subdivision into two (2) lots that will each accommodate an existing single-family dwelling. More specifically, the Applicant is requesting a State Land Use District Boundary amendment from the Agricultural to the Rural District, and an accompanying change of zone from an Agricultural-5 acres (A-5a)to a Residential Agricultural (RA-2a) zoning district. The primary purpose for these requests is solely for estate planning purposes as the subject property currently consists of two (2) condominium property regimes (CPRS) consisting of approximately 2.9-acres each, with each CPR unit accommodating one of the two existing single-family dwellings. 2. General Information The subject property is a two-unit Condominium Property Regime (CPR) known as the Kanehoa Pennington Condominium. Kelly and Sharon Moran are owners of Unit 1 (2.913 acres) and the Arte McCollough and Cathleen Curtis-McCollough Trust are owners of Unit 2 (2.935 acres). 3. Location of Property The subject property is located in the Kanehoa Subdivision on the south side of Kawaihae Road approximately across from the 62-mile marker in `Ouli, South Kohala, Hawaii TMK: 6-2-009:009 (refer to Figure 1- Location Map and Figure 2—Vicinity Map below. 1 ( SUBJECT PROPERTY 7 5� iJ Figure 1 - Location Map $ SUBIECT PROPERTY t 4 � t '•..i� �f.zvn a.r;5 jF. fir/ to: ec .� Figure 2 - Vicinity Map 2 a 4. Statement of Objectives and reasons for the request The purpose for the requested change of zone is quite simple and straight forward;to allow for the subdivision of the 5.848-acre property into two 2.9-acre lots, each of which will accommodate one of two existing single-family dwellings. No additional improvements are anticipated as part of this State Land Use District boundary amendment and change of zone requests since the proposed actions are simply for estate planning purposes. S. Proposed Project Details (see Figure 3—Site and Proposed Subdivision Plan) a. Proposed Subdivision: Subdivision of 5.848-acre property into two lots, each of which will maintain a minimum lot size of approximately 2.9-acres in order to properly site the existing single-family dwellings and conform with required minimum yard setbacks. b. Existing site improvements: i. No site development or improvements are proposed as part of these land use district amendments given its estate planning objectives. ii. There are existing access driveways to both existing dwellings from Ouli Street. iii. The subject property, and likewise the two existing single-family dwellings and the two proposed lots, are currently served by all necessary utilities and services, such as electricity, water, cable, telephone and wastewater disposal (septic). iv. CPR-Unit I/Proposed Lot 15-A: (owned by Morans) a. Existing 3-bedroom, 1,600 square-foot,two-story single-family dwelling constructed in 1990 via BP#905444. b. Steel storage building constructed in 1993 via BP#916003. c. Swimming pool constructed in 2017 via BP# BH2015-01959. d. A shipping container and shed for agricultural and personal use without building permits. v. CPR-Unit 2/Proposed Lot 15-13: (owned by McColloughs) a. Existing 1-bedroom, 1,028 square-foot, 1-story single-family dwelling completed in 1998 via BP#971457. b. A 864 square-foot garage/carport was constructed in 2000 via BP#5531 c. Another 1-bedroom, 480-square foot guest house was constructed in 2017 via BP# BK2016-01442. d. Two greenhouses (erected in 2001 and 2010 without building permits) e. A lean-to boat shed and various other sheds and shipping containers are located on this unit for personal and agricultural use, No permits were secured for these accessory structures. 3 f, f q � ft0 rA;r�HnE R` } q CT j p b OW �� 0 N b 0 4 b i o 4 O Vi .7 U C Y g, I t`�, I i 6. Timeframe and cost Upon approval of the change of zone request,the Applicant will promptly file a subdivision application with approval anticipated within two years from the effective date of the requested zone change. Associated cost is minimal, probably less than $10,000, as the subdivision action is to simply place each existing single-family dwelling and its related improvements onto their own separate parcels. If building permits are required for any unpermitted agricultural and accessory structures, the Applicant will promptly secure such permits or remove/relocate them as deemed necessary by the County. B. HISTORICAL PROPERTY INFORMATION 7. April 29, 1985: Subdivision No. 5238 The subject property was created as part of the 30-lot Kanehoa Subdivision that consisted of parcels at least S acres in size. C. LAND USE AND OTHER REGULATORY CONSIDERATIONS 8. General Plan Land Use Pattern Allocation Guide(LUPAG) Map: Rural The County of Hawai'i General Plan is the policy document for the long-range comprehensive development of the island of Hawaii. The General Plan Land Use Pattern Allocation Guide (LUPAG) map classifies the subject property and the area encompassing both the Kanehoa and adjoining Anekona Subdivisions as Rural. This category includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from 9,000- square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities (see Figure 4- LUPAG Map). 5 9. South Kohala Community Development Plan The South Kohala Community Development Plan (SKCDP)was adopted and went into effect on December 1, 2008 via Ordinance No.08 159. The subject property is not situated within the main population centers of Waimea and Waikoloa Village. Therefore,there are no land use policies or land use guidance specific to this `Ouli area that includes the subject property. However, district-wide policies focused on the following priorities for the entire district: • Preserve Culture/Sense of Place • Traffic and Transportation • Affordable Housing • Emergency Preparedness • Environmental Stewardship and Sustainability Given the purpose of these land use amendment requests are to facilitate the subdivision of an existing property into only two (2) lots, each of which will accommodate existing single-family dwellings, its approval will not have any adverse effects upon these important policies since the net effect will be to preserve the "status quo". And like other similar restrictions associated with similar land use amendment requests throughout the Kanehoa and adjoining Anekona subdivisions,the Applicant would be receptive to establishing restrictive covenants in the deeds of the proposed lots within the subject property that will give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. 10. State Land Use Designation; Agricultural. The subject property is situated within an area designated for both Agricultural and Rural uses by the State Land Use Commission. While this particular area of Oull was initially designated for Agricultural uses, a significant number of lots within the Kanehoa and adjoining Anekona Subdivisions have been amended into the Rural District over recent decades stretching as far back as 1998 and as recent as 2016, as shown on Figure 5—State Land Use. 6 ) p SUBJECT PROPERTY K1 W'I�ftc<v_ �ANEKONA SUBDIVISION 0 KANEHOA SUBQIVISION Figure 4—LUPAG Map SUBJECT PROPERTY URBAN LNPF" ` ANEKONA SUBDIVISION I<ANEHOA SUBDIVISION AGRAVLTURAL Figure 5—State Land Use 7 � 11. Current County Zoning: Agricultural-3 acres minimum lot size (A-3a1 The Agricultural (A) zoning district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (see Figure 6 - Current Area Zoning) The concurrency provision of Section 25-2-46 of the Hawaii County Zoning Code establishes standards for roads, water supply, and civil defense sirens that must be met and/or addressed as part of all rezoning applications. Suffice to say, the request is consistent with these standards and will be discussed in detail relative to the water, traffic, and public safety portions of this report. *+ did; , r,, ,�" 1 5 c,r ft�J n`Ni. �ANEKONA SUBDIVISION` i i n tiANC-HOA y._BU'VISIO.! Figure 6—Current Area Zoning 12. Coastal Zone Management, HRS, Chapter 205A The entire State of Hawai'i lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal 81 ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. .Special Management Area (SMA) The Special Management Area (SMA) is a part of the Coastal Zone Management Program that is regulated by the County, established to promote the State's policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options, and to ensure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves, by dedication or other means. The subject property is not situated within the SMA and is located at least 4.75 miles from the nearest SMA boundary defined by the Queen Kaahumanu Highway and about 5 miles from the nearest shoreline. D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 14. Subiect Property The 5.848-acre property is rectangular in shape and fully improved with two existing single-family dwellings and related structures along with extensive landscaping, yards, orchards and structures related to its residential and agricultural uses. The subject property is bordered along the north by Kawaihae Road and along the east by the privately-maintained Ouli Street. Properties that are part of the Kanehoa Subdivision lie to the west and south. The subject property has a gentle and gradual slope in the north-to-south direction of about 5 percent. There are no topographical constraints that affects the subject property, which is currently cultivated with more than 200 fruit trees consisting of mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee and flowering trees. 15. Surrounding Zoning/Land Uses As previously mentioned,the subject property is a part of Kanehoa Subdivision, approved in 1985, which consisted of 30 lots of at least 5 acres in size. Over the past couple of decades, individual lots within this subdivision have witnessed land use district 9 � boundary amendments identical to that requested by the Applicant, resulting in subdivisions of these original lots into smaller, 2-acre parcels. Such actions have occurred on parcels immediately adjoining the subject property to the west and east. Across Kawaihae Road are large expanses of State-owned agricultural lands that are leased by Parker Ranch and maintained as pasturage. 16. LISH: Unclassified The subject property is not classified as Agricultural Lands of Importance to the State of Hawaii. 17. Land Study Bureau's Detailed Land Classification System Soils within the subject property are classified as having very poor agricultural productivity rating (Class E soils). 18. US Soil Survey: Pu`u Pa series The Pu`u Pa series consists of well-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Pu`u Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20% slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental A`a lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental A`a lava. 19. FIRM Zone "X" - determined to be outside the 500-year flood plain. There are no known existing drainageways that traverse through the subject property. 10 ) . Lava Zone The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9,the lowest severity of hazard. The U. S. Geological Survey designates the subject property as "Lava Hazard Zone 8"; Only a few percent of this area has been covered by lava in the past 10,000 years. . Flora/Fauna Resources No professional flora or faunal surveys were conducted of the site due to the extensively improved nature of the subject property as home sites and for agricultural activities, along with related structural improvements and extensive landscaping. 22. Archaeological Resources No archaeological features are known to exist on the subject property due to the extensively improved nature of the subject property as home sites and for agricultural activities, along with structures related to these existing uses. While not anticipated as part of these land use requests, should any grading work be necessary and archaeological features be inadvertently encountered, the State Historic Preservation Division will be notified and all work shall immediately cease until such time clearance is obtained from the Planning Department. 23. Cultural or Native Gathering Rights According to the Applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property due to its current and historical use as homesites and its extensively improved condition. 24. Public Access There is no record of a designated public access to the shoreline or mountain areas that traverses the subject property. 11 E. PUBLIC UTILITIES AND SERVICES 25. Access® Access to the subject property from Kawaihae Road is via Ouli Street, a privately owned and maintained roadway maintaining a 50-foot wide right-of-way with 16' of asphalt paving and grass swales. 6.Traffic: Section 25-2-46(d)(1) of the concurrency provision requires a Traffic Impact Analysis Report (TZAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the project limited to a proposed 2 lot subdivision to allow for each lot to accommodate one of the two existing single-family dwellings, a TIAR was not performed as the project does not invoke the County's concurrency requirements. 27.Water County water is currently servicing the two existing single-family dwellings via two (2) existing water meters. No further units of water are necessary to support the proposed 2-lot subdivision. 28. Wastewater There is no municipal sewer system servicing the subject area. The two existing single- family dwellings are currently being serviced by their own septic systems. 29. Solid Waste Solid waste will be handled through commercial haulers or disposal by the landowner into authorized landfill sites or transfer stations. 30. Essential Utilities and Services Other utilities, such as electrical, cable and telephone services, are available to the subject property and currently supporting the two existing single-family dwellings. Public recreational facilities are located either to the east in Waimea about 6 miles away, or to the west near Napuna, about a 7-mile drive. Public schools are also located in Waimea with the nearest private school located about 3 miles to the east. 12 | | / / i � 31. Public Safety | Police and Fire services are located in Waimea, approximately 6 miles to the east of the | subject property. The County's concurrency requirements regarding civil defense sirens do not apply tothe project as it is not proposing commercial or industrial activities equal to or greater than 35,000 square feet of gross floor area or introducing more than 24 residential units (Section 25-2-46(o), Havvail County Code]. | 13 � Pa � e F. STATEMENT IN SUPPORTF THE STATE LAND USE DISTRICT BOUNDARY AMENDMENT AND CHANGE OF ZONE REQUESTS 32. STATE LAND USE DISTRICT According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines permissible uses within the Rural district, and states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more 14 � than two acres. There shall benomore than one single-family dwelling per � one-half acre, except asmay beprovided for inthis sediun." The requested boundary amendment will still preserve the existing residential � and agricultural land uses which were found to be compatible when these uses were � � established on the subject property while it maintained its current Agricultural land use designations. The Rural boundary amendment will also compatible with the statutory definition of low-density residential lots of no more than one dvvd|inQ per half-acre. Chapter 205, Havvai^i Revised Statutes, does not authorize residential dwellings asa ' permissible use in the Agricultural District unless the dwelling is related to an agricultural activity orisa "farm dvve||ing" Farm dwelling isdefined inSection 2O5- � 4.5/a>(4), HRS, as "os/ng/efonnilvdw/e/kng/mcotedonondused/ncorjunctionwitho farm, including clusters ufsingle-family form dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dm/elling." The two existing dwellings Vnthe subject property qualified as farm dwellings and will continue to remain as so should the boundary amendment beapproved. Thus,the requested boundary amendment would beinthe direction offulfilling the permissible uses ofthe rural designation. The requested Rural District reclassification action also conforms tothe following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement- Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall bedirected towards achievement ofthe following objectives: /1\ Greater opportunities for Hawaii's people tosecure reasonably priced, safe, sanitary, livable homes located insuitable environments that satisfactorily accommodate the needs and desires nffamilies and individuals. (2) The orderly development ofresidential areas sensitive tocommunity ° needs and other land uses. (b) Toachieve the housing objectives, itshall bethe policy ofthis state to: /1\ Effectively accommodate the housing needs ufHawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) 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. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 33. HAWAII COUNTY GENERAL PLAN 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 areas in the County. Land use is one of the principal focal points of public concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. 16 �- In addition to its goals, policies and standards,the General Plan also includes the Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of the document's goals and policies to guide the coordinated growth and development of all sectors of the County by presenting a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject property is designated for Rural uses, which includes existing subdivisions that have a significant residential component, such as Kanehoa Subdivision. The intent of the State Land Use District Boundary amendment and change of zone requests is to separate two (2) existing single-family dwellings situated within the 5.848- acre property into their own separate properties for estate planning purposes. Physically, the net effect of this change of zone request will result in no change of use of the existing property. There are many goals, policies, standards and courses of actions within the General Plan that speak towards the protection of important agricultural lands within the County, and it would be insincere to present this change of zone request in any manner more than that simply a matter of estate planning to partition a piece of land so that two existing single-family dwellings will maintain their own separate lots. Given the LUPAG Map designation of Rural for this particular area of `Ouli,the requested State Land Use District Boundary amendment and change of zone would be consistent in maximizing choices of single-family residential lots for our island residents by breaking a larger lot with two existing homes into separate homesites, making it more manageable as each existing home is owned by separate parties. Overall, the requested State Land Use District Boundary amendment and change of zone to a rural (R/RA-2a) designations would be appropriate land use pattern in this particular area and supported by a significant number of similar land use actions stretching over two decades, and simply because the existing use of the property will continue as residential homesites. 17 � � � Therefore, for the reasons stated above and further below, approval ofthe State Land Use District Boundary amendment and change of zone requests will conform to � the following goals, policies and standards ofthe Land Use Element ofthe General Plan: � • Designate and allocate land uses inappropriate proportions and mix and in keeping with the social, cultural and physical environments nfthe County. • Allocate appropriate requested zoning in accordance with the existing or projected needs ofneighborhood, community, region and County. • 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 ofpublic services and utilities, access, and public need. Approval ofthese requests will also conform tothe following relevant goals and policies ofthe Housing Element: • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • The cornerstone of the County's housing programs and activities shall continue hobethe encouragement and expansion ofappropriate home ownership opportunities for our residents. ~ Rural-style residential-agricultural developments, such as new snoa|| scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The requested amendments will be the best classification for these lands and in the best interest ofthe island's residents. The Rural designation and RA,2azoning are the appropriate designations as it has access to community services, employment 18 g centers and necessary utilities. The proposed action meets the needs of the South Kohala community by providing residential-agricultural type lots and is in balance with the physical and social environment. The proposed action is consistent with the General Plan and the surrounding zoning and land uses. The Council has consistently supported Rural designations and uses for this subdivision and the immediate area surrounding the subject property. 34. SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN The South Kohala Community Development Plan (SKCDP) provides specific land use guidance in select areas like the main population centers of Waimea and Waikoloa Village and smaller communities like Kawaihae and Puako. However,there are no land use policies or land use guidance specific to this `Ouli area that includes the subject property. However, district- wide policies focused on the following priorities for the entire district: • Preserve Culture/Sense of Place • Traffic and Transportation • Affordable Housing • Emergency Preparedness • Environmental Stewardship and Sustainability Given the purpose of these land use amendment requests are to facilitate the subdivision of an existing property into only two (2) lots, each of which will accommodate existing single-family dwellings, its approval will not have any adverse effects upon these important policies since the net effect will be to preserve the "status quo". And like other similar restrictions associated with similar land use amendment requests throughout the Kanehoa and adjoining Anekona subdivisions, the Applicant would be receptive to establishing restrictive covenants in the deeds of the proposed lots within the subject property that will give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. 19 � 3 . P BLIC SERVICES AND UTILITIES Access to the subject property is provided by Ouli Street, a privately owned and maintained roadway maintaining a 50-foot wide right-of-way with 16' of asphalt paving and grass swales. No new driveway access onto Ouli Street will be required as each existing home currently maintains its own separate driveway. County water is currently servicing both existing single-family dwellings on the subject property. No further water service is necessary. Wastewater is currently being accommodated by two existing septic systems. The property maintains a gentle slope of about 5 percent and is extensively improved for single-family residential and agricultural uses. There are no severe geological or topographical problems within the subject property that cannot be properly rectified or which would render the land unusable for its intended purposes. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA),the subject area is within Zone X, an area determined to be outside the 500-year flood plain. The subject property is also located outside of any coastal flooding zone or tsunami evacuation area. 36. COASTAL ZONE MANAGEMENT The requested State Land Use District Boundary amendment and change of zone requests, if approved, are not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management. The subject property is not situated within the SMA, being located at least 4.75 miles from any lands that are situated within the SMA. For this reason, the subject property is not subject to any coastal hazard nor anticipate to have any adverse impact upon coastal resources. There is no record of a designated public access that traverses the property. As the site has been previously cleared and completely developed as a residential homesites, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. 20 ) � � � � � 1nview ofthe Havvai^iState Supreme Court's "PASH" and "Ka Pa^akaiO Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices ofthe site. { As the subject property has been physically altered and extensively improved | and landscaped as a home site with two single-family dwellings, agricultural uses and related improvements, it is unlikely that there are any valued cultural, historical, and natural resources tobefound within the property. For this reason, the Applicant could � find no evidence of any possible adverse effects or impairments that will occur to any valued resources should these land use amendment requests beapproved. Should the Applicant inadvertently encounter any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, the Applicant agree to cease any work in the immediate area and contact the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-HPD), resuming activities only upon securing archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. 37' Based onthe discussion above,the Applicant find that approval ofthe State Land Use District Boundary amendment from Agricultural to the Rural District and a Change of Zone from Agricultural-minimum 5-acre lot size (A-5a)to a Residential Agricultural- 2 acre (RA-2a) zoning district will conform to the goals, policies and standards of the gricu|tura|'2acre (RA-2a) znningdisLrictvviUconforrntotheAna|s, poiiciesandstandardsofthe General Plan and will not have a significant adverse impact upon coastal resources; and would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 21 � � a � e i Vi IMITY MAP o u !Gf SIREEI REZONING EXHIBIT \ PROPOSED A-5o TO RA-2a ZONING MAP SHOWING w """ LOT 15 '.. OF KANEHOA SUBDIVISION (FILE PLAN 1845) .., Being o Portion of R.P. 2237, L.C. Aw. 8518-8, Ap. 1 to James Young Konehoo °°^ ^ xm•`° •^^n At Ouli, South Kohola Island and County of Hawaii, State of Hawaii DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO HAWAII DATE: June 13, 2022 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: STATE LAND USE BOUNDARY AMENDMENT(PL- LU-2022-000006) Request: Agricultural to Rural CHANGE OF ZONE APPLICATION (PL-REZ-2022-000026) Request: Agricultural-5 Acres (A-5a) to Residential Agricultural-2 Acres (A-2a) Applicant: Arte McCollough TM K: 6-2-009:015 We have reviewed the subject request forwarded by your memo dated May 11, 2022 and provide the following: The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Agricultural operations may qualify for a conservation program with the applicable soil and water conservation district. An approved conservation program would be an exclusion to Chapter 10. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Robyn Matsumoto at 961-8924. 4 County of Hawaii is an Equal Opporiuniry Provider and Employer —p f" , fd vm — 1 1 1, UOU Vol yoall MA, mPY YO 13 E 13A R T RA E N 1' �O F WATE R S U IP P I I - (,'0 U N'T Y 0 F H AWA P1 145 KWUMQUYA S f NEE f SUP HH-C,�, -00AW 196720 121 TEL EPEK)NE (80 8) 96 11100 " r AX UYS) 9610657 I AU Al it c Ali Q )k a in oto, Inca' I�w,,ak ice r SIAUE(M Oak land Use thxundat-r, rkmendn,tmnl (IT-SIA -2022-00006) Id equesi -- "kgricultuxe to, Rural Change of'Zone Application (,Ill..-I�l,:Z--2(122-t)()(I026) Requint: ;kgricuhural -5 ikuva (05m) to RYUH51 and A(;r4uhm-al —2 Ums (R,k-2a) ikpplicant — yule McColknigh Ux N1q) Key 62410901i 'Xc lrac' lv\ ic"NI we SWAMI apmonkm and Rim c the Rdlwing smunicnis ami miditiow, 1)c' informcd that dwre arc: tvvo (2) existing nwlcrs Ow"um Nos. SMLSK99 and 8348815l frmltrrllr Ow eKiming Prowl, 10 lQ111MCM WqUCSIS 1h* TIC 11POSM LWAYMOC. iU "Atino Mull lot withill dw proposed Stj_)dJiyiSnqj 4N ill 141', a the exiNq ,wr\icc� prior trr recornmendila, imal SUhdk it"iwl alopim"d ShOUld the InCtCr or servic"w Llra"rrll rot Brow tilt: J)"rrccl dial it "4ilj scrvc ih�,, cxistmt inctcr or sm ice lawal "tudd creed U) by relm:,itcd to compk "ith the kulc , antl UpWathm.,' J he Dcp"Irtmenl reLpiesis that, t1 PLU map hC rck iscd to 'Jrm' tile C\i.stillg Itletel locatk)ns 44 ith thr' melcl, r�rrrrt(7 res. sju)ukj thcre lie jut, quegion4 jowise cmami Min I r SlAmim of(mr \Vakn Rcsmnvcs and llanniiq Branch m (808) 961-8070cmk:nsion 255 shwas; yolw, KeAll 10 Malmo, 11 P. I S:d fit-, rr a mn i n Cj eD F)v ppyteo Our !4h)q Mchms W,source Exh1ba_j.-1.1- The DepwwvnvWWMwQmQ am EqM Owu"QpmMm mdwWyor Mitchell D.Roth .'�c � � Ramzi L Mansour Mayor s« Director Lee Lord ;���._0` De Brenda Iokepa-Mases Deputy Managing Director °F t4 P t}'Director County of `1. DEPARTMENT I TAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 .Hilo,Hawaii 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ra zi I. Mansour, Directo ,, C'. Department of Environmental Management DATE: May 17, 2022 SUBJECT: State Land Use Boundary Amendment(PL-SLU-2022-000006) Request: Agricultural to Rural Change of Zone Application(PL-REZ-2022-000026) Request: Agricultural-5 Acres (A-5a)to Residential and Agricultural-2 Acres (RA-2a) Applicant: Arte McCollough Tax Map Key: (3) 6-2-009:015; South Kohala, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( ) No comments. ( X) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( } Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( X) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. ( X) Construction and demolition waste is prohibited at all County Transfer Stations. ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer Ramzi I. Mansour, Director May 17, 2022 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): ( } No comments. ( } Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( } Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code, Complete Sewer Extension Application. ( } Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. { ) Check or lane out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] Applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. { } Proposed activity may be subject to existing or fixture federal, state, or county regulation under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawaii Department of Health for information regarding pretreatment standards. (X) Applicant shall follow Department of Health regulations. ( } Other: RM:Pts 2 Mori, Ashley From: Baybayan, Clinton Sent: Friday, May 13, 2022 5:23 AM To: Henderson, Royd;Araujo, Jaclyn; Planning Internet Mail Cc: Kawasaki, Edward; Kurashige, Palani Subject: Re: Request for Comments on App. Nos. PL-REZ-2022-026 & PL-SLU-2022-006 on TMK: (3) 6-2-009:015 Jackie, We will be requiring the compliance with Chapter 26 of the Hawaii County Code for this project. Thanks, Clinton K. Baybayan Fire Captain Hawaii Fire Department Prevention Branch (W) 808-323-4761 From: Henderson, Royd Sent:Thursday, May 12, 2022 1:43 PM To:Araujo,Jaclyn; Planning Internet Mail Cc: Baybayan, Clinton Subject: RE: Request for Comments on App. Nos. PL-REZ-2022-026& PL-SLU-2022-006 on TMK: (3) 6-2-009:015 Jackie, No comments for HFD.Thank you, have a great week! Royd Royd Henderson Fire Prevention Inspector II Hawaii Fire Department Prevention Branch (808) 937-7867 From:Araujo,Jaclyn Sent:Wednesday, May 11, 2022 11:34 AM To: DPW Eng<dpweng@hawaiicounty.gov>;dwsengineeringreview@hawaiidws.org;cohdem <cohdem@hawaiicounty.gov>; HCPDONE<HCPDONE@hawaiicounty.gov>; Fire Admin<fire@hawaiicounty.gov>; Kurashige, Palani <Palani.Kurashige@ hawaicounty.gov>; Henderson, Royd<Royd.Henderson@hawaiicounty.gov>; Kawasaki, Edward<Edward.Kawasaki@hawaiicounty.gov>; Baybayan, Clinton<Clinton.Baybayan@hawaiieounty.gov>; Surprenant,April <April.Surprenant@hawaiicounty.gov>; Morrison, Bethany<Bethany.Morrison@ hawaiicounty.gov>; Kato, Norren<Norren.Kato@hawaiicounty.gov>;Santiago, Hans<Hans.Santiago@hawaiicounty.gov>; F..3 sktscsecretary@gmail.com; Honda, Eric<Eric.Honda@doh.hawaii.gov>; michael.une@doh.hawaii.gov; dbedt.stateplanning@hawaii.gov; dlnr@hawaii.gov;dlnr.land@hawaii.gov; PIFWO_Admin, Fw1 <p ifwo_ad m i n @fws.gov> Cc: Camero, Tracie-Lee<Tracie-Lee.Camero@hawaiicounty.gov>; Sauer, Noriko<Noriko.Sauer@hawaiicounty.gov>; Dacayanan, Melissa<Melissa.Dacayanan@hawaiicounty.gov> Subject: Request for Comments on App. Nos. PL-REZ-2022-026 & PL-SLU-2022-006 on TMK: (3) 6-2-009:015 Importance: High Aloha Mou, Please see attached Memo,_.reque _g_youur review 6t comments on the s�uub a lic ti ns. Link to review the applications in the County's web-based EPIC system can be found below: • _A.._r_..te.._e.. McCotlou h's Chanof Zn State sBoundary ndment _.._.._...__...._._.__........._.._._.._...._.... e _.. _ tications We kindly ask that you submit your comments to p,! gni. , no later than June 1 , 2022, Should you have any questions, please feet free to reach out to Tracie-Lee Camero at (808) 961- 8166. Have a wonderful day Et take care! Mahalo nui loa, Jacf)w.Araujo Planning Commission Support Technician County of Hawaii - Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Phone: (808) 961-8288 COUNTY OF HAWAII Electronic Processing and Information Center I We, home that the County of I-InwaiTs EPIC system has made your application process convi n� ent an,' easy. Connecting with us for help is just a click away, Click here to request support. For more information go to https:/Ihawaiicountyhi-ener ovl2ub.tylerhost.net/Apps/SelfService#/home. Confidentiality Notice: This e-mail message,including any attachments, is for the sole use of the intended recipient(s)and may contain confidential and/or privileged information. Any review,use,disclosure,or distribution by unintended recipients is prohibited. If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. 2 DAVID Y.I(sE o F n ELL SETH A.CHAR,M.D. GOVERNOR OF HAWAII �f ,gee DIRECTOR OF HEALTH STATE OF II DEPARTMENT OF HEALTH P.O. BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: May 13, 2022 TO: Mr, Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment(PL-SLU-2022-000006) Request: Agricultural to Rural Change of Zone Application (PL-REZ-2022-000026) Request: Agricultural 5 Acres to Residential and Agricultural 2 acres Applicant: Arte McCollough TMK: 6-2-009 : 015- South Kohala Hawaii The Department of Health (DOH), Clean Water Branch (CWB), offers the following comments: Permit Issuance Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy,which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], A Section 401 Water quality Certification(WQC) is required if your project/activity: - Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, r rIi g .; EF. b yl 8 Zendo Kern May 16, 2022 Page 2 of 4 biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021-1 Federal Energy Regulatory Commission Tel: 866-208-3372,- U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: https://eba-cloud.doh,hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. a National Pollutant Discharge Elimination System (NPDES)permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes,but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through (ix)and (xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System, -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermity'. Zendo Dern May 16, 2022 Page 3 of 4 A Notice of Intent(NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI_ The NOI is available on the e-Permitting Portal website located at: https:L/eha-cloud,doh_hawaii.`ov/epermitl. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http:Ilhealth.hawaii.gov/cwb/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter H-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrot. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Zendo Kern May 16, 2022 page 4 of 4 Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter please contact the Department of Health at 933- 0917. Wastewater Branch has no comment to the proposed application. O� N r k. et t(Ertl l. l`iti�I:C. STATE f E t}>'h HAWAII :111 a` I ()\f'I I('W, '�1;0 1 1 7 1',H DI H C JLane .3 20221 MEMORANDUN] Lo- no- ')606 TO: RI'SSLLL Y. TSUJI_ [ and ,Admitak ator Land Dis is on FROM: DAVID G. S�IfTIf :lclaaainistr<ator Division offorestrYatad 'ildlife SUBJECT: Division of Forestry and l ilcllife Comments for the State Land Use Boundary ltatendnietat & Change of Zone Application Submitted by the C outaty of Hata aN of laehalf of Arte 11cC ollotwla for ra Parcel in South Kohala uta H aaa ai'i The Department oft-and and Naturd ResotalCes. DP ision of`f`oi-estl- '111d Wildlife (DOFLN1t ) has received \our rev}tacst for conanaents on the State Land l se Botntclal-N Amendment (PL-SLAI-22022- 000000) and the Chantue of Zone Application (PL-RL`Z-2022-{J00026) from applicant Arte McC'oHough for a parcel Iocated at `0LIIi Street. KEtmuela, South KohaIa, oil the island of Ha JNK (3)0-2-009:015. The applicant is requesting,two land use district laotrtadaa_l amell chaaents a foa S�.S fn the .�EJricultui-al to the. RUI-a[ District and a :httt';E_=ti cit` Zone fl-0111 1`aFict�ltui-al-­ acres E.-f-540 to t Residential A_=riCUHLtcI�rl (RA-20) Z0011IL' ciistI_ict in oi-&r to faci[itate a proposed 2-10t SUbdiv isiona_, approximately 2.9 acres each. both suhdi\ ,,Ions k\01 accommodate an eristlm` im2le-famii civ ellinu- The pi-In7ar pul-pose t'()t-these reiluesv, is "Olck fro' estate piannin{g= aS the subject 1)1'ol)eltv eut-l-cEtt[y Consists «f tiw Coll cltjtrli1a ut11 properov teuiniew, (('PR), each tact omttaodatilla ogle of the two existin` si�tt ic-i`.tat7s14 ck ellita`.>s. No site deSelopratent or mi pro} emelats v ill be con'Jucted, y Thank S rxa for tite 01)[Mtunit'4 to re'~ievv and comment oil tilt Scal}ject matter. Since no Site development car Imaapac)\etaaents will be taking place at the. site. DOFF t htas no cul-rent Concerns teL,acclitt~��T impacts to listed species. lit the:event that tile scope of the project Changes si'niffcanti , hoSS et er, or Should it become ala}a are tat that threatened or enclatagered species mly be impacted, please consider the 1,01lovvillu, cosaasaaents ire, ajciin F the potential lister[ }je its That nla� �aecur ill the %lCataatl, elf the pt`oiect atea. The State lasted 1laScaraan Floai-, B.it (it- `Ope cal}e�a (Llr'iww,� c-mciVIIti WrMMIS) could potential occur- ill the r iciaaity of the project area and haat roost isa nearby trees An\ recimi-ed site clearing shotticl be ting cl to aS Dict distutbanee to lasts cltaaiaat_ their birt[aiit` and 17u}a a<<ninv(F seasoll (Jrane 1 through September I5). During this period tScor[r plants ureatet- th<an f � feet (4.0 meters) tall Should not lit disttaal�ed, remoS ed. of tnnimed. B as lied iat [tottld tat a,aticlecl for ata rouser uctiota t .cnx {tf :: .. . r �. 9 bccatrse hat mortalities have been documented as a resuh of becoming ensnared, by this, type of fencin�� during fliuht. ;'ificial lightirrg earn adversely impact seabirds that may pass thinwigh Tem-ea a pion l.:rw c mning Tern to become di orientel This drsonentadon can result in collision with mararatade snocture", or gamindinwg of birds, No ni«httime vvorh that mi47ht be required, D07I:AVV recom m n is thaat 01 hunts used be frdW shrelded to minimize impacts, Nighttime work that requires outdoor li htitat Should be avetided dtrrin�! the, seaabUd Hedging season front September 15 through December IJ This is the period "Ten y t , seabirds take thein-maiden voyage to the open sear.. For illumraations and guidance Mated to seabird-fa:ienNy light styles that also protect the dark. starry skies of l-lawwM please visit: he State-listed Elawn aiiian Goose or "acne (Urrrmo sc:raxc/r rc c,,sis) has the potential to erector if) the w ciraity of the proposed proect site. It is against State law to harm or harass this species. If any are present during consiruction ac%ties, then all activities within 100 feet (30 meters) shouid cease, and the hired Should riot be appamched. Mrlc may con6nue after the brrd leaves he aamar of As own accord, If a new is dascoweaed at any point, please contact the F awwl'i Island Branch I)01:�N,V Office at(808) 974-4221. Ile Staate listed Ilaaw".<aaiaan llawwls or 'Io (MY "W/crrirt.w) naay occur in the project wicin ty. DDI A"' recoratratends sunvying the area to enstrr'e no I Iaww airan lTa"i nests are present if trees are to he cut. `lo nests may he present during the breechng season from March to September. file project area falls ww itlri!rr or is erac:.ornpayed by the historic range ofthe State listed 1:3laael.I)urta,'s Sphinx horn (BS.M: 11c.rr ch1c o Mein li.frrrrni). t-arw ae of BSM feed on nanny nonnad e hostplanats that include tree tobacco (Mc F1f't ino r~fcawu) wwhkh growws in disturbed soil. We recommend contacting our tlaww-ai`i Idand Branch DC)Fx'' M office at (808) 974-4221 for further information Mut "here BSM may be present and ww hetlaer a w egetaation survey should be conducted to determine the pmsence of plants preferred by t3SNL DORM' recommends remowrng plants less than one meter in height or during the dry time of the wear to avoid harm to 13`N1 Iry,ott intend r to either remove tree tobacco ow er one meter in height or to disturb the <gmmnd around or within j several meters of ttaese plants they must he thoroughly inspected by a qualified biologist for tlae presence of BSM eggs and Iatw ae. 1)0F=\'4\' recommends rttirailul-W iz the movement of plant orsoil material betwwcen ww orks n, such arsin fill. Soil noel plant material may cetratarin invasive fort<r,il pathogens(e. r.. l-apicl `C)lri`a Death), w ertebmte and inw ertebrate Nests (el, l..ittle lire Pmts, C'AItai Frog,,$), yy'e recommend Consulting Hie Big Island. Invasive Species C.°oPrid tee (BII`aC) at (80 8) 933--:3340 in planning, design, and construction of the project to leant of any high-risk iuwaasiwe species in the area and ways to mitigate spread. All ecluipu.ient. materials. mid person"! should be cleaned of excess soil and debris to rnirrimire the. 6 s errspreading; inw asive s pedes. Gear that may contain scan, such as work hoots and vehicles, should be thoroughly cleaned wwith water aatd sprayed with 7046 alcohol 4-solution to prevent the spread of Rapid Shim Deal and ether hart aful ftrrigal pathogens. 'Fo pre\ellt the spread of, Rapid 'Ohi'a Deatli (R(:: D). if ohi'a trees are present and Nvill be remoNvd, trimmed. or potentially injured [Y)F,A\\nvqwms Hurt the infonrimion and guidance at the follo�vna websive be reic\ecd and followed: lypt ej; m& INFAW recornmank using nati\e pint species Q landscaping Out are appropriate tAnhe area (i I, CHMMe C011TAMS are Suitable for the plants to thd\V. WoFiCally) occurred there. etc.). Please do not plant in%asive species. DoF.AVV' recoiuniendscmsWingtctbmaCkPa6ncV!ecI Risk Assessment \\ebsite to determine the pown6al invasiveness of plants 1mvposed for use in the �i —s l,(,�). WC recol,11 Irl ell(I thaty ou re fer to for g0clance on selection and ey all,lati011 Cor landscapin,,, plarls. We applMate your efforts N) wcAl wilh oin- office for the consers ation of our natio e species. Shouid the scope ol:'the project change significantV, or shoidd it be am-ne apparel that dureatelled or embngewd species niq be inipacted. please contact our Staff -I", Soon ',IS p(Mble. H you hm,e any clumdons, please contact baud Radley, Protected jecies Flabimt Conservadon Planning ChoMinator at (808) 295-1 t23 or Sincerely, DAVID Ch SNIFTH Administrator SI ZANNE E.CASE DAVID Y.IC;F, - cttvRVEtc�un �aQF y GtIYER All OFW TER NATURAL R&;oAGFNI HAWAII �y45g n q> coHrn9ss!oh-oxw alER RESOtrztCf u.a,�'ao£cF.ENZ 1 t s ROBERT K MASIt'Tt �A ENSTDEP ' o`pcid and i, ry U KALE NIA NL7EL DEPM DMECTOR-NATER AQUIT� G ♦� 7 }' BOATINGA Di OI EA 'RECI AUTON - BL'AEAL OF lREWU.R(E.M.A ONON RA7ER kESOLRCE.'J.4NAGEMENT CONSERi'AM1 'ANDCOA3TALLAND3 CONSERVTMN�NDRESOLRC£SE_NF RCE­T STATE OF HAWAII E INEERING FORESTRY AND R%AT1 F "ate of Na W' DEPARTMENT OF LAND AND NATURAL RESOURCES HISTOR[C PRFCE\ATI N keiHOOLP.NE LSLAFD RrrsERSE coNnass�oN L,WD STATE IIISTORIC PRESERVATION DIVISION STATERA s KAKLTIIIILWA BUILDING 601 KAMOKILA BLVD..STE 555 KAPOLLL In 96707 June 3,2022 IN REPLY REFER TO: Zendo Kern,Planning Director Project No.2022PR00621 County of Hawaii Doc.No. 2206JG05 101 Pauahi Street, Suite 3 Archaeology Hilo,HI 96720 planning a hawaiicounty.ov Dear Mr.Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review— Proposed Rezone for the McCollough and Moran Property from A-5a to RA-2a `©uli Ahupua`a,South Kohala District,Island of Hawaii TMK:(3)6-2-009:015 This letter provides the State Historic Preservation Division's(SHPD)review of the subi ect Change of Zone Permit Application, The SHPD received the subject submittal on May 13,2022. it included a pennit application,a site plan, correspondence dated May 11, 2022 (Arte McCollough [landowner] to Zendo Kern [County of Hawaii Planning Department]), and a street-view photo of the subject project parcel. The applicant, Arte McCollough,proposes the rezoning of a 5.848-acre parcel from an Agricultural District (5-acre minimum-, A-5a)to a Residential Agricultural District(2-acre minimum-,RA-2a)in support of a proposed subdivision of the parcel into two separate lots (a 2913- acre lot and a 2.935-acre lot). The applicant indicates the current project area was impacted by previous ground- disturbing activities associated with residential development. A review of SHPD records indicates that no archaeological inventory survey has been conducted and that no historic properties have been identified previously within the project area. Aerial imagery confirms that the project area has been previously impacted by residential development. Thus, it is unlikely that any unidentified historic properties remain intact within the project area. Based on current information, SHPD's determination is no historic properties affected for the proposed project. Pursuant to HAR §13-284-7(c), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended.The permit issuance process may proceed. Attach to pennit: In the unlikely event that historic properties such as lava tube openings,concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933- 7651. Please contact Joshua Gastilo at (808) 933-7653 or at Joshua.aastilo(a—hawaii.gov for any questions regarding this letter. Aloha,alae IDG leel' Alan S.Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer Exp s —` 10 Mr. Kern 06/03/2022 Page 2 cc, Tracie-Lee Camero,tracie-lee.camero(ci'hawaiicoun .Qov Darya Arai,darymaraiLvoutlook.com Clinton Mercado, clinton.mereado(c�hawaiicountv.gov Arte McCollough, artemc7l Ldgmailxom DarnArai Land Use �:Nanninq Consultant June 28, 2022 Mr. Zendo Kern, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HT 96720 Dear Director Kern: Subject: Response to Agencies' comments regarding State Land Use Boundary Amendment PL-SLU-2022-000006 Change of Zone Application PL-REZ-2022-000026 Applicant-. Arte McCollough TMK: 6-2-009:015, Kanehoa Subdivision, 'Ouli, South Kohala, Hawai'i This letter will respond to comments received from consulting agencies that have reviewed the above-described requests, to which the Applicant offers this consolidated response. Office of Planning and Sustainable Development(email dated ME 16, 2022) The Applicant acknowledges that the Office of Planning and Sustainable Development had no comments on the subject applications. Department of Land and Natural Resources (letter dated June 3, 2022) The Department of Land and Natural Resources concludes that"no historic properties affected" as a result of approval of the proposed requests due to aerial imagery confirming that the subject property has been impacted by residential development. Department of Land and Natural Resources-Engineering Division (memo dated May 12, 2022) The Applicant acknowledges that the DLNR-Engineering Division had no comments on the subject applications. Department of Land and Natural Resources-Land Division (memo dated MU 12, 2022) The Applicant acknowledges that the DLNR-Land Division had no comments on the subject applications P.O.BOX 4501,HILO HAWAII 96"2G PHONE: (808)895-3218 EAIAIL:DARYN AR_AI(q_,0UTLOOK.COAI 11 :x Mr. Zendo Kern, Planning Director Page 2 of 4 June 28, 2422 Department of Land and Natural Resources-Division of Forestry and Wildlife(memo dated June 3, 2022 The Applicant acknowledges that the DOFAW"has no current concerns regarding impacts to listed[plant or animal] species." While DOFAW did note a number of listed species that may occur in the vicinity of the subject property and potential adverse effects should the project scope change, the requested RA-2a zoning will not allow for a change in overall scope of the proposed project. Furthermore, the extensively improved nature of this residential property is not conducive as a habitat for these listed species. Department of Health (memo dated May 13, 2022) The Applicant acknowledges the Department of Health's comments regarding clean water regulations related to construction-related activities and associated storm-water discharge. As the subject requests are in support of the subdivision of the subject property into two lots, each of which will accommodate an existing single-family dwelling with no additional site or vertical improvement, these development-related regulations are not applicable. While not specifically mentioned in its memo, the two existing single-family dwellings are individually serviced by its own septic system, installed in compliance with State Department of Health requirements. Department of Water Supply (letter dated June 13, 2022) The Department of Water Supply (DWS)had no objections to the subject requests, due to existing water service provided to each existing single-family dwelling. The Applicant will confirm with DWS on which existing water service accounts will individually service the two proposed lots. The Applicant will coordinate with DWS regarding the need to relocate one of the existing water meter or service laterals. utility easements are in place and will be preserved during the subdivision process, therefore not necessitating the relocation of any water meter or laterals as both are directly fronting the existing property along Ouli Street (see Application Figure 3-Site and Proposed Subdivision Plan). This matter will be discussed and coordinated with the Department of Water Supply during the subdivision process and whatever is ultimately decided by that agency, the Applicant will comply. The Applicant therefore requests that conditions of approval, should these requests be favorably supported, not specifically mandate the relocation of one of the existing water meters. Mr. Zendo Kern, Planning Director Page 3 of 4 June 28, 2022 Department of Environmental Management(memo dated May 17, 2022) As the scope of the proposed project is to subdivide the subject property into two lots that will each individually accommodate the two existing single-family dwellings, no construction-related activities are proposed and therefore, there will be related construction-related impacts upon the County's transfer stations. Any green waste generated by the existing agricultural activities on the subject property will be disposed of at either the Hilo or Kona Organics Facilities. As previously mentioned, wastewater generated by the existing single-family dwellings are being accommodated within existing septic systems compliant with State Department of Health regulations. Department of Public Works (memo dated June 13, 2022) The proposed requests will involve no intensive or extensive site work or construction activities. The only improvements may be related to the possible relocation of one of the existing water meters. The Applicant does note the need to comply with the County's grading and grubbing regulations should on-site earthwork activities ever occur. Regarding the possible need for new street lights or traffic control devices along Ouli Street, the purpose of these boundary amendment and rezoning requests is to allow for the partition of the subject property into two lots, each of which will accommodate one of two existing homes on the property. No additional homesites are being proposed. Similarly, no new driveway or subdivision road is being proposed. Therefore, as no additional residential uses or site improvements are being contemplated, we find that the imposition of street lights and traffic control devices is excessive and not warranted based on the proposed actions. Fire Department(email dated May 13, 2022) The Fire Department noted that the proposed subdivision must comply with Chapter 26 of the Hawaii County Code. It was, however, not clear as to what specific requirements of the Fire Code is applicable to the proposed project. As the proposed action involves the subdivision of the subject property into two lots, each of which will accommodate an existing single-family dwelling with no associated on-site or off-site infrastructure improvements beyond the possible relocation of an existing water meter, the Applicant believes that the proposed action already complies with applicable Fire Department regulations as expressed in Chapter 26 of the Hawaii County Code. No additional homesites are being proposed and no subdivision road is being created. Mr. Zendo Kern, Planning Director Page 4 of 4 June 28, 2022 Regardless, should any Fire Code-required improvements be necessary and defined during the subdivision process, the Applicant will comply. We hope that we have adequately responded to comments offered by the respective agencies. Please feel free to contact me should there be any questions or need for additional information. Sincerely, DARYN A 1 Land Use Planning Consultant copy via email: Mr. Arte McCollough Mr. Kelly Moran RlMcCo 11oughSL U.0 M.8.4.22 COUNTY OF HAWAVI PLANNING DEPARTMENT RECOMMENDATION AE MCCOLLOUGH STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2022-000006) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the application for a State Land Use Boundary Amendment be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots, approximately 2.9 acres in size containing an existing single-family dwelling on each lot. The applicant is also requesting a concurrent Change of Zone from Agricultural-5 acre (A-5a) to Residential and Agricultural-2 acre (RA-2a) for the 5.848-acre subject property. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawai'i State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms;provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the area; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The property was created on April 29, 1985 as one of 30 lots in the Kanehoa Estates Subdivision. The surrounding lands are located within the State's Agricultural (A) and Rural (R) Districts, and the County's Residential and Agricultural(A-20a, A-5a, RA-2a) zoned districts. The Anekona Estates Subdivision is located immediately to the west (makai) of the Kanehoa Estates Subdivision. The Kamuela Plantations Subdivision is located to the east. These subdivisions include mixed residential and small farm uses as well as vacant lands. Finally, there is a vacant 1,962-acre parcel to the north across Kawaihae Road which is zoned A-40a. These subdivisions include primarily residential uses with some agricultural uses and vacant lands. From 1998 to 2006, the County Council approved 32 similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts and Change of Zones from A-5a to RA-2a in the Kanehoa Estates Subdivision and adjacent Anekona Estates Subdivision. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..." The proposed boundary amendment from the Agricultural to Rural district is necessary in order for the applicant to subdivide its property into two lots approximately 2.9 acres in size. The minimum lot size in the State's Agricultural district is 1 acre whereas the minimum lot size in the State's Rural district is one-half acre. The applicant has stated that the 5.848-acre parcel will be subdivided into two residential/agricultural lots. -2- According to HRS 205-3.5, Reclassification of land contiguous to an agricultural district; approval conditions: a) Any decision approving a petition for a boundary amendment pursuant to this chapter where lands in the petition area are contiguous or adjacent to lands in the agricultural district, shall include the following conditions in the decision granting approval: (1) A prohibition on any action that would interfere with or restrain farming operations; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the agricultural district; and (2) Notification to all prospective developers or purchasers of land or interest in land in the petition area and subsequent notification to lessees or tenants of the land, that farming operations and practices on adjacent or contiguous land in the agricultural district are protected under chapter 165, the Hawaii right to farm act, and that the notice shall be included in any disclosure required for the sale or transfer of real property or any interest in real property. As the subject property is adjacent to the north and south to parcels located in the State Land Use Agricultural District, the above will be added as conditions of approval. Based on the foregoing, the requested boundary amendment and subsequent subdivision would be consistent with the permissible uses of the Rural district. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential)policies of the General Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. -3- The proposed Rural boundary amendment request also conforms to the General Plan Land Use Pattern Allocation Guide(LUPAG) Map which designates the area as Rural. The General Plan's Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The Kanehoa Estates Subdivision, as well as adjacent subdivisions, includes a mix of rural-residential and limited agricultural activities. This boundary request would allow a rural development for residential-agricultural uses that will complement the existing and future residential-agricultural land use patterns of the immediate vicinity. The property is located within the State Land Use Agricultural and County's Agricultural (A-5a) zoned districts and is actively being used for residential and agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property are classified as E, considered very poor for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would make it difficult for sustained agricultural activities from being conducted on the site. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the subject property is from `Ouli Street, a privately owned and maintained roadway with a fifty (50) foot right-of-way with sixteen (16) feet of asphalt paving and grass swales. Both proposed lots will have direct access off`Ouli Street. The Department of Water Supply(DWS) is currently servicing the two (2) existing single-family dwellings on the subject property with two (2) existing water meters fronting the existing parcel. DWS requests that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing services, prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with the Department' s Rules and Regulations. The Department -4- requests that the plat map be revised to show the existing meter locations with the meter numbers. According to the applicant, no further units of water will be necessary to support the proposed two (2) lot subdivision. The proposed lots will continue to utilize their own individual wastewater septic systems that were previously approved by the State Department of Health (DOH). Solid waste will be disposed of at the Waimea transfer station. The subject property is in area designated as Zone X, which is an area determined by the Federal Emergency Management Agency (FEMA) to be outside the 500-year flood plain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Police, fire, and emergency services are available nearby in Waimea, approximately six (6) miles to the east of the site. All essential utilities are available to the project site. Thus, all essential infrastructure is available to support the requested boundary amendment to the Rural district. Finally, the boundary amendment would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement- Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawai`i'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. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawai`i's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. -5- (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) 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. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- �qV Osh14 COUNTY OF HAWAII e* STATE OF HAWAII iPE OR 4®i`�, LL NO. ORDINANCE (Planning Dept.) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT KAWAIHAE, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:015. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kawaihae, South Kohala, Hawaii, shall be Rural: Beginning at a 1/2 inch pipe(found) at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 17-A-1 and being a point on the Southerly side of Kawaihae Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PU`U PA" being 12,210.89 feet North and 12,140.42 feet West and running by azimuths measured clockwise from True South: I. 2740 OF 40" 272.45 feet along the Southerly side of Kawaihae Road to a 1/2 inch pipe(found); Thence, following along the Westerly side of Ouli Street on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 3210 56' 50" 29.69 feet to a 1/2 inch pipe (found); 3. 90 52' 720.72 feet along the Westerly side of Ouli Street to a 1/2 inch pipe in concrete (found); Thence, following along the Westerly side of Ouli Street on a curve to the left with a radius of 175.00 feet, the chord azimuth and distance being: 4. 3580 03' 22" 71.64 feet to a rebar(found); Thence, for the next three(3) courses following the remainder of Royal Patent 2237, Land Commission Award 8518-13, Apana 1 to James Young Kanehoa: 5. 760 14' 44" 316.16 feet along Lot 16 of Kanehoa Subdivision (File Plan 1845) to a 1/2 inch pipe (found); 6. 940 0 F 40" 18.16 feet along Lot 18 of Kanehoa Subdivision (File Plan 1845) to a 1/2 inch pipe (found); 7. 1890 52' 911.55 feet along Lot 17-B-1 and Lot 17-A-1 of Kanehoa Subdivision to the point of beginning and containing an area of 5.848 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -3- CMcColloughSLU.CM.83.22 ARTS MCCOLLOUGH STATE LAND USE BOUNDARY AMENDMENT (PL-SLID-2022-000006) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns (Applicant) shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all the proposed lots. B. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act;provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. AG AGRICULTURAL TO RURAL 5.848 ACRES 12,210,89'N AG 12,140.42'W TUU PA" RURAL To Kawaihae WAIHAE R qL AG A A qG R A R AL RURAL A RU qt RU RU AL A A AG RURAL G A RU R RAL L AG AG Feet 0 700 1,400 2,100 2,800 3,500 AMENDMENT TO THE STATE LAND USE. BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT KAWAIHAE, SOUTH KOHALA, HAWAII. MAP PREPARED BY: TMK:(3)6-2-009:015 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:May 12,2022 EXHIBIT"A" Arte McCollough Map: 22-006 RWColloughRELCA8.3 22 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ARTARTE MCCOLLOUGH CHANGE OF ZONE APLICATION (PL- Z-2022-000026) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Agricultural-5 acre(A-5a) to a Residential and Agricultural-2 acre(RA-2a) zoning district to subdivide the property into two lots approximately 2.9 acres in size. The subject property is part of a two-unit condominium property regime(CPR). The dwelling on the first CPR unit was constructed in 1990, and the dwelling on the second CPR unit in 1998. According to the applicant, the primary purpose for the requests is to address estate planning as the subject property currently consists of two (2) condominium property regimes (CPRs) consisting of approximately 2.9 acres each, with each CPR unit accommodating one of the two existing single-family dwellings. No additional improvements are currently proposed by the applicant and the subject property is fully built out with existing dwellings. The applicant is also requesting a concurrent State Land Use Boundary Amendment from the Agricultural to Rural District for the 5.848-acre subject property. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. -1- The Change of Zone Application from an Agricultural-5 acre (A-5a) to Residential and Agricultural-2 acre (RA-2a) zoned district will conform to the following goals,policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property's Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from nine thousand (9,000) square feet to two (2) acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The applicant's request for a Residential and Agricultural-2 acre(RA-2a) zoning district conforms to the Rural designation in that the proposed 2.9 acre lot size is consistent with the lot sizes typically found in the rural areas, and the surrounding properties consist of residential and small farm lots. The property is not considered important agricultural land as it is considered Unclassified on the Agricultural Lands of Importance to the State of Hawaii (ALISH) -2- Map. It is also classified as very poor by the Land Study Bureau, which determines productivity ratings of agricultural lands. The 5.848-acre subject property is roughly rectangular in shape and is improved with two (2) existing single-family dwellings, and related structures. It also has extensive landscaping, yards, orchards, and structures related to its residential and agricultural uses. The property is in the Kanehoa Estates Subdivision and borders `Ouli Street on the east, which is privately maintained, and Kawaihae Road to the north. The property has a gentle and gradual slope in the north-to-south direction of about 5 percent. There are no topographical constraints that affect the subject property, which is currently cultivated with more than 200 fruit trees consisting of mango, citrus, avocado, lychee, dragon fruit, finger limes, coffee, and flower trees. On April 29, 1985, the subject property was part of Kanehoa Estates Subdivision, which established thirty (30) lots at least 5 acres in size each. The surrounding lands are located within the State's Agricultural (A) and Rural (R) Districts, and the County's Residential and Agricultural (A-20a, A-5a, RA-2a) zoned districts. The parcel immediately to the east, across `Ouli Street, and west of the subject property is zoned Residential and Agricultural-2 acre (RA-2a). The parcel to the north, across Kawaihae Road, is zoned Agricultural-40 acre(A-40a). The parcel to the south is zoned Agricultural-5 acre(A-5a). According to the applicant, over the past couple of decades, individual lots within this subdivision have witnessed State Land Use Boundary Amendments and Change of Zone requests identical to that requested by the applicant, resulting in subdivisions of these original lots into smaller, 2-acre parcels. These amendments have occurred to the parcels immediately to the west and east of the subject property. The proposed change of zone would complement the existing and predominately rural residential land uses in the surrounding area and is consistent with the General Plan designation for the area. As areas that were once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are -3- adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawaii Right to Farm Act. Conditions of approval will be included to protect agricultural operations in the area from nuisance complaints. All utilities and services are available to the site. Access to the subject property is from `Ouli Street, a privately owned and maintained roadway with a fifty (50) foot right-of-way with sixteen (16) feet of asphalt paving and grass swales. Both proposed lots will have direct access off'Ouli Street. According to the applicant, no further units of water will be necessary to support the proposed two (2) lot subdivision. The Department of Water Supply(DWS) is currently servicing the two (2) existing single-family dwellings on the subject property with two (2) existing water meters fronting the existing parcel. DWS requests that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing services, prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with the Department' s Rules and Regulations. The Department requests that the plat map be revised to show the existing meter locations with the meter numbers. The requirements from DWS will be added as conditions of approval. The proposed lots will continue to utilize their own individual wastewater septic systems that were previously approved by the State Department of Health(DOH). Solid waste will be disposed of at the Waimea transfer station. The subject property is in area designated as Zone X, which is an area determined by the Federal Emergency Management Agency (FEMA) to be outside the 500-year flood plain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Police, fire, and emergency services are available nearby in Waimea, approximately six (6) miles east of the site. -4- Based on the above findings, approval of this change of zone request from a Agricultural-5 acre(A-5a) to a Residential and Agricultural-2 acre(RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as Amended), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- �NYY df gogs'L f Ga f \�rft�a COUNTY OF GI STATE OF HAWAII ILL NO. ORDINANCE N (Planning Dept.) AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO RESIDENTIAL AND AGRICULTURAL—TWO ACRES (RA-2a)AT KAWAIHAE, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:015. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kawaihae, South Kohala, Hawaii, shall be Residential and Agricultural—Two Acres (RA-2a): Beginning at a 1/2 inch pipe (found) at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 17-A-1 and being a point on the Southerly side of Kawaihae Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PU`U PA" being 12,210.89 feet North and 12,140.42 feet West and running by azimuths measured clockwise from True South: 1. 2740 01' 40" 272.45 feet along the Southerly side of Kawaihae Road to a 1/2 inch pipe(found); Thence, following along the Westerly side of Ouli Street on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 3210 56' 50" 29.69 feet to a 1/2 inch pipe (found); -1- 3. 90 52' 720.72 feet along the Westerly side of Ouli Street to a 1/2 inch pipe in concrete (found); Thence, following along the Westerly side of Ouli Street on a curve to the left with a radius of 175.00 feet, the chord azimuth and distance being: 4. 3580 03' 22" 71.64 feet to a rebar(found); Thence, for the next three(3) courses following the remainder of Royal Patent 2237, Land Commission Award 8518-13, Apana 1 to James Young Kanehoa: 5. 760 14' 44" 316.16 feet along Lot 16 of Kanehoa Subdivision (File Plan 1845) to a 1/2 inch pipe (found); 6. 940 01' 40" 18.16 feet along Lot 18 of Kanehoa Subdivision (File Plan 1845) to a 1/2 inch pipe (found); 7. 1890 52' 911.55 feet along Lot 17-13-1 and Lot 17-A-1 of Kanehoa Subdivision to the point of beginning and containing an area of 5.848 Acres. a All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 3 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. -2- SEE ATTACHED CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- C McCo flo ughREZ.C M.8 A.22 A MCCOLLOUGH CHANGE OF ZONE APPLICATION (PL- Z-2022-000026} CONDITIONS OF APPROVAL A. The applicant, its successors or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. The Applicant shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. The Applicant shall notify prospective purchasers, tenants, or lessees of all lots that fanning operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. E. Prior to issuance of Final Subdivision Approval, the Applicant shall designate in writing which lot within the proposed subdivision will be assigned the existing water service, show the existing meter locations with the meter numbers on the plat map submitted for subdivision review, and, if necessary, relocate the existing water meter or service lateral, meeting with the approval of the Department of Water Supply. F. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. G. All earthwork activities including grading, grubbing, and stockpiling shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. H. The Applicant shall comply with the Department of Health's Hawaii Administrative Rules (HAR) Chapter 11-55, rules regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the Department of Land and Natural Resources- State Historic Preservation Division(DLNR-SHPD) at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. Should any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicable requirements of Department of Land and Natural Resources- Division of Forestry and Wildlife and/or the US Fish and Wildlife Service. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. The Applicant shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant and that are not the result of their fault or negligence. -2- 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the Applicant should require an additional extension of time, the Planning Director shall submit the Applicant's request to the County Council for appropriate action. G. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. -3- A-40a AGRICULTURAL(A-20a)TO RESIDENTIAL AGRICULTURAL (RA-2a) 5.848 ACRES 12,21089'N 12,140.42'W TUU PA" RA-2a 0 Kawaihae R -2a A 5a -2a ° ai A 5a RA-2 R 2a - - A-5a A- a A- a RA-2 A-5a R -2a -5a RA-2 RA-2a A-2a A 5a A-5a A- a A 5a A a RA 2a A-5a A-5a Feet 0 700 1,400 2,100 2,800 3,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL DISTRICT (A-20a) (MINIMUM BUILDING SITE OF 20 ACRES) TO RESIDENTIALAND AGRICULTURAL (RA-2a) (MINIMUM BUILDING SITE AREA OF 2 ACRES) AT KAWAIHAE, SOUTH KOHALA, HAWAI'I MAP PREPARED BY: TMK:(3)6-2-009:015 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:May 12,2022 EXHIBIT"A" Map: McCollough Map: 1445 w t D� OCEAN a w r 2 Y+Fi.+pai•.•m. Pi•ii i42 • rn m`.p Pi•ir i• i Py,iia• .i+*. l O m • v .p P Pwr i- True North a l • • » •wy a r it'll' t r w it i • is • m , 2 rn t/f � W V : • . „. e k,m«• r to rn m.aR•,w»ap O aay mi,i» »l♦»YARyw»»p Z +"a�waR»taai 1 a+.a•Ryyay • � a wRwiars•r , ••i a••ia is i -- •.ayya•ya:. miai aiartai. t� a•rii•»iarMy 1,��R w!a•aia»alai r • » • • a aPbtaP!'"�aai aM•••rb•i11*•yr •P�+swk•fbi • rt • • b P ;• M iw.•�pi a «;r�M Y rt'Y� a �k»•b•rw••ar•i� K b ♦ • • w r i a a • + , w waaae r r w • w r ..44 �•�+ rt b • Y i r • • r a a • a w w + ♦ w ♦ rt w r • a my ✓IA ♦�Y*.►M.! • • •i • • • • 1 Y. i r M • • w 4 •.• • Y r . SII Al+, ♦ •• M • 4 b • i a w i M r ly: a • r • w i P i a � lr�iM �I,"�' b R • M Y r ^k » r w b M • w • a • • • •i .♦ • , M dk ll�♦��"• w i r r ♦ • r • r a.i • r w s i w r s • r r a w .� tt� A1C'*�R e�b�{1• • • s •aii • a.A • w • Pi • •w• • i • s - !� yM.fin,. -ll 1r'. .,}i-M b b •-• 4 w.i • ai a •.a • • • • 1 • ••i• yi a' \X .� \� «' \» } �� <« ,y �\. © � < \ °¥ � 2w � } / \< �/. ¥ �� � } �� <y 4� .. �� � � � � ° �� � \ y. « . #* , : . . \ \� /� � /» \d /\ � �$ � \ � . %. . + . . � { \$ .� &� �x \� � � . � \� � ( w■ ^ -yy» � > . . . © \ . . 2< � : � } \ � � s � � \� � / w, � � . > . v» � t \ . \ƒ \� � . \° � \ � � »■ \ ` , } . \\ \ 2� � \ � �, � 2 � } + � . � } w a e } � � } � � { �, * } r INV r e r • r r .. r r t , r, — r -v l V' Cn_ Q Mw♦ True Nort •YaYw r°w♦YA. a w « r° rr♦ J •• a♦Y +♦Y' ««A4w«YM«IY mw«Air ;♦r♦Y♦Y m• • . ryr MM#�* ♦ri MgYrYtwwiVi�r+r*bw•♦r♦♦•w•ww♦ra•♦ .r+♦♦•♦i«♦Yra• r •+Yr •a �♦, �� 4 M��M ! al ♦'N r1 R+k.r • w Y • ai a w •Y s • .:r r'r « « r s 'M,� *'N h*a'R*Ik♦�Y • Y • s�l Y Y ♦.a Y r M Y YY ! Y Y a ♦ , �'Y�kh i A M M r<r ♦w i+• ♦ r • • ♦ ♦Y r ♦ • r r r ♦ ♦ r Y w . ♦ • « r « "���"�,f.�ay'a. fil4r ♦r. ♦ Yw *:♦ ♦as •♦ 4� YY .Y « Y �rYrr R � "At •! R w �t A r ♦h a • r a �.. ♦ Y •.♦ •♦•«rrY • s I x r- k ► Y h. h n� 0 prt«� rn ♦py , D ' C C ,. �J vo m 0 M 0 m .li x b•♦•••r a, .(' aY•Mb M•MY .. yp «iMyra pu•�*ab Y: Y « « a • r r 4 f « • a True North •,«f•,«i"•' abx * « f YM•i•u•y, y•f•i�f««•� M•f•f ri4•� X11 w w w w W• �«« f Y +r * • « '�,"'�MF*W'w'F*A4�1Il�k*vxW�wr+r«w�«*«w« r f«• x v a r*♦ Y w �:.r*«ww�«.: 'jM AY� � 4 +p w r f 4 r «• • • « • b « « * * + i . a • ♦ •• r • s 1A w *vM.w 11 •♦ e • s • • • a.• ♦ « ♦ « rw« • f r M « « f., •i*•�*••wrf«Wr�l��vs•r"r'•i•iv«♦••• •wi8•:•Y yy♦•a�a««•:wi°, I7 i f t 3 I 1 W - - m is - m NR#< # r �«`Y•W`w�f`i i • f ro True North r f k • f f f Y f • f«p•sp4�siY a w r • r• • • p Y rap`a«•", • R f f a :apfr«w••f�f �rtf fad f4a�: a•fr`rtrt4ir`• ♦ p i Y a • • A R Y i•ApaAApr•r°: ir`A•r•ikr�� ,a4ia4Af4Af• arirr�Arrr. li�kfkka•ka*. ifkaaik+laArfl arYf�f�aMi�, -i-4.4i�Y-•-f TTM d a a 'i' a.... « #l.rr4`AAAR: r R f i 4 a 4 ��A✓V���1 f « u • + f « k f• Y i • R 4 Y • A M 1 ♦ b r 4 i a k a m r « • 4 i.A• • "�{'. �,I{'.� 4 f f Y A A rt• 4 f M A f k fa R r f`♦`• f ♦ • r • Y r M,!M-'.M 4.*,M*d'+1sY4+l wfkMafw*f a��rWf ff*Ma►+�ikkakkk�Mr LI # i k +: s a.a i rt a •a . a • • w r r i 'i k d' a q • a 4 4 4 4 r 4 i a a •4 a N R + # k k Y w A A • • « Y � f'• M 4 W 'd'. • a..♦ s• s 1 w i 8•f♦i „�' !�'A 4 f r •a 4 i 4 4 4 Y.�+ i} rAR# arAdr � w wick w .`a r •aaifo. ■ 1��M A f te r �.• • Y r N a r a R f 4 « Y • s • A f ♦ F tulku►i ,�IFxA..h..a..f!er_a..•..K._f..�..°,.Aua.w."_ky'°�yf� _i_"_ "_4_i_"_" 4_*, t Fw. �� � �„rt gra •� yr.Yrh'S(.. �� � �4., d� ' a it �01 .++ Iyl' � ',F i/�i �q ry+M 1'.. iaai,a♦ a••a aai It It 41* It 6:4 y � ♦*NYq*N. a .k�� Y 41�;MwfJ.,�.xyw:♦.:�_♦X%Nw.-,y .-..^ru�:, '”` v }; t•t•Y�Y a xYN' t,� �, �. � .��*Y ono �'�i' i � �� a«�":� YY.• t 1-ar *,� a On00 �„ '� ,tY O .�-• a ' .! irq«*«Y« tx 'I , { • _ C C ► «�. a'« /r"♦' ./ /V a♦*.*Y +♦ISM•+� '� +«.�~...I.�!' ..M*f�"r �'...4? .`_.,4 r #,ww Yi•iaa ♦ *Ya. � � w I�I�ir��hl f d� .. '�* s.� ��. N,xr*a'Yx•,*•Nxxq� 1 q•Ia♦YqN •q�, �� �' ♦•r •♦raYr�rrt�i�l������til� rl�il Ilio iii :1Ir #•*x w"r•t•r•• ^` « r• 4 w 111 t >;•._ �` ��^ True North ••t.r«,«,•:»•,«; �r�y ��p 1'R'♦ 1 i*'r Y w« • ff * rfiN Y # w ,'Y # , r •.wYY.i•i�«.1'►t•° • 'M'T' y�'M�h Nt"�' 'M 1�' '4+b 1 N• il!.Y 1 A �iY w* ♦ •� k b-Y N ♦ • •�1 • r 4� {"Wr 'r��l « inM.awwwpiw e �, w prow , N * YYNa • #xxr , �1 M My,1'A 1 jh 1�w i • •# M « x . ♦ r"w N w « W Y M ♦ r« « • • • r r « . «��! .fir���',!r •1♦ # «x r+� w • , �' ♦ 4 Y ♦ , ,..* a r w, M ,'._. y IF t M AM =N#:•1 r 1 x w r «r x . x N o * * a x ♦ ♦ a t • x t a �T«�=M^«vry 1k'M,i4 t,M 1{ M.1 Y Y .« t 4, Y Y, w w w l�I Y Y • , , #Y s N , I i�ra'k,�W.i.�"'�YtM„'��ts#„rk„M„•�•�4•!s*..*..*'..*..M„irf„* ks•..*.a.. ._*_ ..f..«,.*<*�*,..*..*<*�*_"_ i I _ � Q ei � ti CA CD i y f3 X (Dit =* 3 ; J Q t�t x j (Q K RA% 'P..m,„” R Y YPW,R YmmY Y�♦ b Y Y�Y R'R m +.. w _ - _ - ._ _ n « W d w Y Y�iq Y ♦ ♦ j�hb„ i+R�Y,..b. .'+�YBR 4 bRY RR RYRia .yLL ,,,� �R�RMRRRRM*,MMR♦RM♦YRY� ' R ti Y R w♦M w ♦♦ + �`,� �+ 'y. «girw♦rw♦ww4aNM♦♦1��♦fib M Raw ♦♦ r�:M1+♦ Wim" �pfi R�Ym wYw YRfY wR♦;fl♦RwRY L\t h� RR*w♦�♦*w'w�b#w11wM4Y ♦ww♦YMr:�1M♦Y♦Yw{h♦Y� y,.R,.R�RIkaRRYR,Ir,*rR+ �}, Rrttlw YaR YaYaYaY :fwbY«fwwYKw♦IRIIIYi Y wY f♦Yi+b R♦b+}♦Yf R�Rt4RYRfrY*YYY�: YR««R«Y RR««Y«wy" 1 • KK +M.ii'w R i mRY"mRYRim YRY RYW. • - MY«4444"R«Ry«"w"f O �y«iW RRRRYR RR«y« • C N � rt.Mi.«rt mR R 1 1 �« •' y « wwbe RRRRw N �ha b!� RiR kRiR yRRYi • y� 'hN4mr�+ � M.� yW R R q �fl' } p 1� fl W Y"B 4 ♦ n • �, .� R"�°"k Wr 7Y Y a Y Y i Y Y.1r«iW, • �� W ���.�A5R`�r. k j .'4w.fi'"'"�u�.. µM,M IF Y� m' I ,g,g}} tly9 IL Y I ,. Mh# M „IW�M rRY RY«�Yyx�w +RY�uy�M r". .M �Y Y Y Y i • 1 • • CA a Y • m xa e 'a k' W � �f V Nf`' � ♦RM♦1`+IJ is`�!F�' M d ♦ • nl 'M S .A.f� F'f MA�w�hMM'Mw " ! f � �� � M«Ra«h•W « M z r F' n«,LXY«d A « « .«♦X««wMY • k«q RM«tldh. S M . r.. yN� iY♦ . r « « 4 w ««bY' ♦« : rt a d ' ♦.P d•a s ♦s♦rt ' .i ~.J^y:+•i�r":'r Mad.d♦rth Mr♦ �a�M' may,:.. «Pkrt«rt«««««♦«««« lti� ISI«�«+♦�«. M« M « « ► • • ► - w + N 1 w4www• i'yl w wwlr w w w #w A w w } w w N w w w 4 A w w w d # R f +I 4 N w M w w +#w w N w r • � + • • + w •w + d N + w w. + w + N • N w w + d w rt 4 •wtwMw//�r4.1•lMpw*IAw'N NwMMAN . + • + p +i w w w N N 4 fr "bwb#b"bwb#bwlalwtl*w FNi�/wh�� O wb'b'bwbAb'b'b'b'�'b wbwy'w#r M"Y + + w• III+ p w i M d N w� M • rt +• w rt + t N w w N w • tN Y N + N Y�+ } N fr �.. rY""p••w•w+�tlwdwlgiN wwN lll�p.' +I I • N Y.w + w M N, p rt N p I J•NM Y I�•..! • p N w f p tw + w » bM� wwNb tb Nbw*fibro bwb tbNbtar .. • /' p, • •w•wN wow�wN www ww/Pnbi �p b. b�bbbwbaFi bbppbw b1,M bb Nl ,Ii • "•+•w N{pwpW9FpWNMM,pI "N, • w'm wfwtww ww"pw bwwwWwpi ,y.:•�*. d Awbwb#bwbp by Ywbw 9wMw4N1 N • NN p' • O • p�! w p� w p.'N N N • p J w d w.w..d N. a . wNW uµb� wfbR++b•b tbNppbdbypWb� 4w t'+wR"MN t�N�rt NI .ip,ue c"b' rt N'f"M"Iwpwp.*J wwCp�l�"f'� • ®kin a,r, M ••• N w + N f q.w w Y w ..♦. . wYw+#rt•d+++•#w+w wpwwN wfpb rt. Jr""++•N++•wa Nd•N ww wP+wNt wRN•wNt"Naf wNN#w+ww p. N ► rt�YwN'w+wwN�WN+IwNPwwr pwNMi w+wt"row+N wwN +a� • ^.."w#+b+bwbabwbd�Nbw�r 4+Nw w++#N#wN+w! Mq . wAw 4�"Nww wwwl�ww t*NNw••al + r +• i r w +W w w • + w R 4 w w w # w w wb�'I • • �'+N+ww#+ w N wwN*N+ww+w#i !+N'p+M+wA"rrt�W��ww+rN WwNNw'�;I 1M w+w+♦�wiPAJr�flbillww#N�+w�Aw+r ww4a�w4w#'Nwww waw + w��.,���, k a y w ♦ w . F�R�w�i�,"�ww*y�A*IMSA*RiW"►�' A r w r#A e . #! wMw 4•w+w!4+�w}�w*M#WwwWNrwAwi 4 AwY 4�r�#�Nh#npiY +b+�w�ww�r�J�Y�•��v�y��M�wP��,��i� N Jy#"4*a'wwwl��oMMN�N4�; .• f 8 • • t .p•mftw wb♦bt ltlwbN6fb lwy p'� N • t bM'f " N"f"• ""N"t YwNd4Q pbY MfNp • �:N ea~Jb•bb b•"f•• wwN"tb p`ba, N • f Y ♦#• ♦ fp Nfi, :.t pyJp" •"f w•+rt•f wef"NM• w pf wNp rt"•#rt N••ptrtf pf Nw"p� "r wwN +wrJ rtb• "•.°Jp Nfrt w+N. • w• • • rt+ t*t..• r •bt�•w'Ybtb•btb#b++Yb#�wk� ' M N r •'w rt t tw.'+ Jp. • rt • • rt + • w wt's •� wY+a+++#++Nw}N++#w J. • •4 N •A + N Ny'Ki rwr�wbNb•b+b;br�,rwJ:r +'#+w'#W A#N�+wA#+�r • N +bwY'b+M+*pµMyNtwyw.� w�Nwwwy.Ww�w,wMied°w�'#�'I ►+wi•wrtwN'+'1'wwN� w +Jkw • !ww"+'d'w'+'•ww"�wwww#N#' DRAFT SUBJECT LEEWARD PLANNING COMMISSION COUNTY OF HAWAII DRAFT HEARING TRANSCRIPT AUGUST 18, 2022 A regularly advertised hearing on the applications of ARTS MCCULLOUGH (PL-SLU-2022- 000006 &PL-REZ-2022-000026) was called to order at 9:38 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Michael Dela Cruz, Zaheva Knowles, and Mahina Paishon-Duarte ABSENT AND EXCUSED: Clement-CJ" Kanuha III ALSO IN ATTENDANCE: Keyra Wong, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Clinton Mercado (Planner), Alex Roy (Planner), Janice Hata (Zoom host), and Noriko Sauer(Commission Secretary) APPLICANT: ARTS MCCULLOUGH (PL-SLU-2022-000006) Application for a State Land Use Boundary Amendment from Agricultural to Rural for 5.848 acres of land. The subject property is part of a two-unit condominium property regime (CPR) and is located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision, `Ouli, South Kohala, Hawaii, TMK: (3) 6-2-009:015. APPLICANT: ARTE MCCULLOUGH (PL-REZ-2022-000026) Application for a Change of Zone from an Agricultural-5 acre(A-5a) to a Residential and Agricultural-2 acre (RA-2a) zoning district for 5.848 acres of land. The subject property is part of a two-unit condominium property regime (CPR) and is located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision, `Ouli, South Kohala, Hawaii, TMK: (3) 6-2-009:015. VITOUSEK: Item 2 and 3, we'll take those two together. Applicant is Arte McCullough. Item 2 is application for a State Land Use Boundary Amendment from Agriculture to Rural for 5.848 acres of land. The subject property is part of a two-unit condominium property regime and is located at 62-2225 and 62-2239 `Ouli Street, at the northwest [sic], southwest corner of the intersection with Kawaihae Road in Kanehoa Subdivision, `Ouli, South Kohala, Hawaii, TMK (3) 6-2-009: Parcel 15. And application for a Change of Zone from Agricultural-5 acres, A-5a, to Residential and Agricultural-2 acre, RA-2a, zoning for 5.848 acres of land in the same spot, Staff? Presentation? MERCADO: Aloha and good morning, everyone. I'm Clinton. I'll be doing the Arte McCollough presentation. 1 EXHIBIT A (DRAFT) DRAFT - SUBJECT TO CHANGE All right, so the first slide is our location map—okay. ROY: I'm sorry, we've got to [inaudible–speaking out of microphone range] MERCADO: No problem, thank you. Okay, so our first slide is the location map. The subject 5.848-acre property is located at the corner of the Kawaihae Road and `Ouli Street in the Kanehoa Subdivision, which is located in the South Kohala District of Hawaii Island. The subject property is outlined in blue—a little small, but we'll see it on the next one. The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural, and a Change of Zone from Agricultural-5 acres, A-5a, to Residential and Agricultural-2 acres, which is for the 5.848 acres of land. The reason for the request: According to the applicant, the primary purpose for the request is to address estate planning as the subject property currently consists of two condominium property regimes, CPR, also known as, consisting of approximately 2.9 acres each. Each CPR unit accommodating one of the two existing single-family dwellings. If the requested land use entitlement changes are approved, the applicant proposes to subdivide the 5.848-acre property into two approximately 2.9-acre lots, each of which will accommodate one of two existing single-family dwellings. Further, no additional improvements are currently proposed by the applicant, and the subject property is fully built out with existing dwellings and accessory structures. The County Zoning Map—here is a closer view of the subject property outlined in blue. The subject parcel is currently zoned Agricultural-5 acres, which is shown in the light green color on the slide. Nearby parcels are zoned Ag-5a and Residential and Agricultural acres which is shown in yellow on the slide. And finally, the parcel across Kawalhae Road is zoned Agricultural-40 acres which is shown in blue. Next is the General Plan. The General Plan [Land] Use Pattern Allocation Guide Map has classified the subject property and the surrounding properties in the Kanehoa Subdivision as Rural shown in the mustard. The parcel across Kawaihae Road is classified as Extensive- Extensive Agriculture, excuse me, shown in the white. Next, we have the State Land Use Map. The State Land Use designation for the subject parcel is Agricultural shown in the green, the light green. The surrounding parcels consist of both Agricultural in light green and Rural in tan, some mix here. I'd like to add, too, a lot of these, many of the surrounding properties in this subdivision happen to reclassify, you know, their properties to Rural and rezone Residential Agricultural, as you can see on the map here. Here is an aerial shot. The aerial is, aerial photo is the subject property outlined in yellow and of its surrounding area. Kawaihae Road is located north and `Ouli Street is east of the property. North is towards the top where the arrow is here. The surrounding area consists of residential and agricultural activities. The existing driveways to the properties are off of`Ouli Street as indicated with the arrows down below and then the middle of the screen. Towards the bottom of 2 EXHIBIT A(DRAFT) DRAFT- CT TO CHANGE the subject property is dwelling number 1, which was constructed in 1990, and towards the top of the image is dwelling number 2, which was constructed in 1998. Mere is the proposed subdivision plan. The site plan shows the subdivided lot line in the middle and all its existing structures. Here is a site photo from `Ouli Street, looking on the street the left is existing driveway to unit 1 of the subject property. The second image is the existing driveway to unit 2 of the subject property. Here is also standing on Kawaihae Road looking south onto `Ouli Street from Kawaihae Road with the subject property on the right and a flipped image standing at the intersection looking north from `Ouli Street across Kawaihae Road, which is a vacant property. And last is the Planning Director's recommendation. The Planning Director recommends the Planning Commission forward a favorable recommendation to the County Council for the State Land Use Boundary Amendment and the Change of Zone requests. Thank you. That concludes my presentation. Back to you, Mr. Vitousek. VITOUSEK: Thank you. Okay, I'll invite the applicant to come forward. ARAI: [Inaudible—asking for permission to move a chair to the applicant table] VITOUSEK: Yes, of course, absolutely. Okay, I'll swear you in. Please raise your right hand. Do you swear or affirm to tell the truth on the matter before the Planning Commission? ARAI: I do. VITOUSEK: Thank you. Please state your name and the area that you live in. ARAI: Good morning, Mr. Chairman, members of the Commission. My name is Daryn Arai. I'm a planning consultant residing in Nilo. I'm here representing the applicant, Arte McCullough, who sits to my left, and he resides on the property situated in South Kohala. VITOUSEK: Okay. And have you received the background and recommendation reports from the Planning Department? ARAI: Yes, we have. VITOUSEK: And do you agree with the recommendations, including the proposed conditions? ARAI: Yes, we do. VITOUSEK: Okay. Please proceed with anything you'd add. 3 EXHIBIT A(DRAFT) DRAFT— SUBJECT TO A A I: Thank you. Again, good morning. Thank you for having us here today and for considering the request by the applicant, Arte McCullough. We appreciate the very thorough presentation by the department staff as always—stole a little bit of my funder but that's quite all right. As far as we, you know, we do agree with the recommendation, and we are very appreciative of that favorable recommendation, as well as the proposed conditions of approval, but just a little bit of background if you don't mind. The project site is located in Kanehoa Subdivision. That subdivision was approved in 1985 and consists of 35 acre-size lots. Of those lots, approximately seven have undergone a transition, a similar transition as being requested by the applicant today, and that has occurred over the course of 37 years since the subdivision was created. Adjacent to the west or makai of Kanehoa Subdivision is Anekona Subdivision, and as you saw from the presentation this morning, that subdivision was approved in 1990 and consists of 36 five-acre size lots. And over the course of 30 years, 32 years, since the approval of that subdivision, approximately 25 of those lots within that subdivision has transitioned to the Rural District and RA-2 acre zoning. So the applicant is basically requesting the same consideration for a Rural designation and a RA-2 acre zoning, which is consistent with the General Plan, which designates the area for Rural as shown during the presentation. As mentioned during the presentation, this is solely for estate planning purposes. Mr. McCullough has resided on this property for 22 years since 2000, and the Morans who live in CPR unit 1 has lived on the property shortly after 2005. So, with that, we look forward to your favorable recommendation as well. And if you do have any questions of us, we are here to answer them as best as we can. As I mentioned, we do have the owner of CPR unit 2, the applicant, Arte McCullough, and the owner of CPR unit 1, Kelly Moran and his wife Sharon. Mr. Moran is in the audience as well. So, with that, we stand ready to answer any questions you may have. VITOUSEK: Okay, thank you. Has there been any other public testimony or anyone, member of the public join at this time for this agenda item? [Notre]Okay. We'll ask the Commissioners to make a motion to close public testimony for this agenda item. DEFRANCO: I'll make a motion to close public testimony. DELA CRUZ: Second. VITOUSEK: Okay, motion by Vice Chair DeFranco, second by Commissioner Dela Cruz. All those in favor? COMMISSIONERS: Aye[unanimous] VITOUSEK: Okay. Are there any questions by the Commissioners for either the applicant or staff? KNOWLES: I have a question. 4 EXHIBIT A (DRAFT) DRAFT - SUBJECT TO CHANGE VITOUSEK: Sure. KNOWLES: Thank you, Mr. Arai and Mr. McCullough. I had a question. It came to my attention recently that you also sought input from the South Kohala Transit [sic] Safety Committee or at least brought this matter before them for consideration during the summer, and I just wanted to confirm that that was the case. ARAI: We, I'm not aware, we personally did not make a presentation between the Traffic Committee— KNOWLES: Well, I was on a meeting where Mr. Hustace did make a,just brought it to the committee's attention just for awareness, and so I wanted to say thank you for doing that, giving the citizens of the community an opportunity to take a look and weigh in in advance of this. So that was my question. VITOUSEK: Okay. Are there any other questions? PAISHON-DUARTE: Sure, I have one question. Aloha. Good morning. I just wanted, if you could just share some of the agricultural or the permitted use activities that are taking place on your property. MCCULLOUGH: I'm sorry, my hearing aids are turned down. Let me turn them up. PAISHON-DUARTE: Would you like me to restate the question? MCCULLOUGH: Please. PAISHON-DUARTE: Sure, no problem. I was just wondering, could you share some of the activities that you are conducting on your property, the permitted use activities such as agricultural type activities or otherwise? MCCULLOUGH: Yes, thank you very much. We have a gardener called My Wife. We have multiple vegetables that we grow. We grow mangoes, we grow oranges, we grow avocados. We have a plumeria grove. She does all of the work; I take all of the credit. We've had a lack of rain and abundance of wind in this past season,past few weeks. We've lost like 400 mangoes, and we've donated them to people to make pickled mango, church, and so forth, like that. But she has a green thumb, yes. We also have a pet who is our occupant, yeah. PAISHON-DUARTE: Thank you. No further questions from me. VITOUSEK: Okay. Anybody else? DELA CRUZ: I just have a follow-up question. You mentioned there's two properties in the— same question as my colleague here—is there any other thing that is also growing on the second property or the second unit? You said the second occupant is here, right? 5 EXHIBIT A(DRAFT) DRAFT -SUBJECT TO CHANGE VITOUSEK: And if you don't mind, I'll swear you in since you are joining. Would you please raise your right hand? Do you swear or affirm to tell the truth on the matter before the Planning Commission? MORAN: Yes, I do. VITOUSEK: Thank you. Would you please state your name and town you live in. MORAN: Kelly Moran, I live at 62-2225 `Ouli Street in Kamuela. VITOUSEK: Thank you. MORAN: To answer your question, Commissioner Dela Cruz, I have been growing since 2006 dwarf Julie mango, Tahitian seedless lime, tangelos, dragon fruit, Samoan coconut, bananas, papayas, various vegetables. I have a degree in Tropical Crop Production from UH Hilo, and I practice what I've learned on the property. So we have probably, I'm guessing, two to 300 trees. DELA CRUZ: Thank you. MORAN: You're welcome. VITOUSEK: Okay, any further questions? I have a question I think probably for staff. Could you explain the waterline issue, the water meter issue that was raised by DWS and how that's going to be resolved? MERCADO: That one, I would like to defer to the applicant— VITOUSEK: Okay. MERCADO: —if that's okay. VITOUSEK: Sure. MERCADO: Thank you. ARAI: Thank you, Mr. Chairman. I'm not sure if one of the exhibits show the two individual driveways; the one on the left is unit 1 which is located on the south side, southern portion of the subject property— MERCADO: —we can put it up on the screen. ARAI: Oh, okay, sure—yeah, maybe the driveway. So the one with the dog on the left that's guarding the property, you may see on the lower left two meter boxes. One of those meters serves the adjacent property below it, and if you look on the right side of the driveway where you see what appears to be like address numbers, that's the location of the second meter that serves 6 EXHIBIT A (DRAFT) DRAFT — SUBJECT TO CHANGE CPR unit 2. So both meters are straddle both sides of the existing driveway on unit 1. And there is a water, there is an easement, utility easement, that runs along `Ouli Street, and from that water meter there is a long waterline—[to the applicant] is it above ground or? MCCULLOUGH: [Inaudible short response to Mr. Arai] ARAI: Well, anyway, there is a long waterline that goes to serve the existing house on CPR unit 2. We understand that the Department of Water Supply wanted the applicant to relocate its meter to the frontage of its property, and I didn't, unfortunately, I didn't take the measurement, but it's quite a distance away. But the actual water main, from our understanding, is located along the southern boundary of the project site to your left where unit 1 house is located, so basically, to relocate the meter, all you are simply doing is extending the water of lateral, not the water main, but the water lateral all the way to unit 1 frontage. There is no waterline along `Ouli Street. Mr. McCullough has been speaking with a water service technician from the Department of Water Supply who works in the area, and from our indications they felt it was not practical to simply relocate a water meter by simply extending the water lateral and, which has no effect on the water main which remains on the left side of the picture. So we appreciate the Director's condition; the applicant will comply with the requirements of Water Supply whatever they may ultimately be, but the condition as written, we appreciate because it gives that deference to the Department of Water Supply and their ultimate determination. VITOUSEK: Okay. ARAI: And I should note that once the zoning is approved, the applicant will have to go through the formal subdivision process, and both Water Supply and Planning Department will chime in once again, and they will ultimately determine what is reasonable or not. VITOUSEK: Okay, thank you. [To Commissioner Knowles] Sure. KNOWLES: I also wanted to ask the Planning Department about in contemplating, you know, how frequently this seems to be happening, these conversions to smaller lots. What is your, what are your considerations regarding increased density in this area and the impact of that going forward if people continue to seek these sorts of redistricting requests? VITOUSEK: Deputy Director? DARROW: Thank you, Mr. Chair. In the General Plan update in 2005 the Planning Department and the Planning Director looked at areas around the island that were, the General Plan was identified more as orchards or agriculture in areas that really didn't have significant soil or lands to be able to produce income-producing agriculture, and so what they did was identify subdivisions around the island—I'll give you an example, Paradise Park, Orchid Land, Hawaiian Ocean View Estates, Anekona, and Kanehoa—and they changed the General Plan from whatever that was, orchards or intensive agriculture, back then to Rural, with the understanding that it would allow these, number one, to have the ability to come out of the Agricultural District so there wouldn't be this requirement of having to build a dwelling and produce agriculture. Because in this particular situation, as well as the others, the soil type is plainly E which is lava 7 EXHIBIT A(DRAFT) DRAFT - SUBJECT TO CHANGE or very extremely poor soil. But even with that, you can see that people still can grow agriculture. But what it does is it allows them the ability to create higher density; they could actually go to the point of 0.5 acre. So instead of—in the Agricultural District the minimum lot size is one acre, in the Rural District it's point, it's a half acre. But in this particular case, Anekona as well as Kanehoa, there was quite a number of CPRS that were created already, so it's not as if this is creating higher density; it's actually just trying to resolve the ownership issue, the fee simple. So instead of having one property owned by two people, it would allow separate ownership. And I'd like to acknowledge Greg Mooers here. He was instrumental in doing a majority of the rezonings that we see on the map today. But, again, it's not really increasing the density in this particular situation; it's just resolving a longstanding ownership issue. VITOUSEK: Just to follow up, I completely agree that this particular case is not adding density or anything, but I think the question was about long-term planning and seeing others coming in, and if the infrastructure improvements potentially would be needed long-term for others. So there is a big picture of planning for this type of action in the future. DARROW: Yeah— KNOWLES: That's exactly right. Thank you, Chair. DARROW: And again, this, you know, as, I mean a majority of these lots, when you look at these—I'm just talking about these two subdivisions—the only way that they can come in for this rezoning and be approved is if they meet those infrastructure requirements; so if they didn't have water, it wouldn't be able to happen; if they couldn't meet the overall traffic requirements, it wouldn't be permitted or they would be required to have to look at certain improvements. This particular area has improved streets, they have water in the area, and again,a majority of them already have two dwellings, so they've been in that. There are other areas that, as I mentioned, had that changed to Rural; those would have a much more difficult time coming in because of the issue of density, increasing density, the subdivisions are substandard, they don't have water, the roads are not meeting current standards, so they would have a difficulty moving forward as this application is. VITOUSEK: And are the accesses to Kawaihae Road adequate for the planned growth? DARROW: Yes. VITOUSEK: Okay. Okay, does anybody have any further questions? [None] If not, is there a motion? PAISHON-DUARTE: Yeah, I'd like to make a motion. I move that a favorable recommendation be forwarded to the Council, County Council, on the application for a State Land Use Boundary Amendment, Docket number SLU-2022-006, based on the Planning Director's recommendation, which shall be adopted. VITOUSEK: Thank you. Is there a second? 8 EXHIBIT A (DRAFT) DRAFT — SUBJECT TO CHANGE DELA CRUZ: Second. VITOUSEK: Thank you. We have a motion by Commissioner Paishon-Duarte, second by Commissioner Dela Cruz. Is there any discussion? No, okay, we'll proceed with the roll call vote. MERCADO: Commissioner Paishon-Duarte? PAISHON-DUARTE: Aye. MERCADO: Commissioner Dela Cruz? DELA CRUZ: Aye. MERCADO: Commissioner DeFranco? DEFRANCO: Aye. MERCADO: Commissioner Kanuha is excused. Commissioner Knowles? KNOWLES: Aye. MERCADO: And Chair Vitousek? VITOUSEK: Aye. Thank you. Motion carries. You'll be notified of the decision in writing. Appreciate it. ARAI: Thank you, Mr. Chairman, Commissioners, Planning Department, appreciate the recommendation. Thank you. MCCULLOUGH: Thank you very much— VITOUSEK: Oh, sorry, I'm sorry, we have another— MERCADO: Excuse me, yeah, we have to vote on the— VITOUSEK: —second agenda item. MERCADO: Yeah. VITOUSEK: We do a second motion for Item 3. DELA CRUZ: I move to forward, that a favorable recommendation be forwarded to the County Council on the application for a Change of Zoning, Docket number REZ 2022-026, based on the Planning Director's recommendation, which shall be adopted. 9 EXHIBIT A (DRAFT) DRAFT - SUBJECT TO CHANGE PAISHON-DUARTE: I'd like to second. VITOUSEK: Okay, we have a motion by Commissioner Dela Cruz, second by Commissioner Paishon-Duarte. Any discussion? Seeing none, we'll do a roll call vote on that one. MERCADO: Okay, thank you very much. Commissioner Dela Cruz? DELA CRUZ: Aye. MERCADO: Commissioner Paishon-Duarte? PAISHON-DUARTE: Aye. MERCADO: Commissioner DeFranco? DEFRANCO: Aye. MERCADO: Commissioner Knowles? KNOWLES: Aye. MERCADO: And Chair Vitousek? VITOUSEK: Aye. MERCADO: Thank you. VITOUSEK: Okay, you'll be notified of this one in writing also. ARAI: Thank you again. The hearing ended at 10:07 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 10 EXHIBIT A(DRAFT)