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Home My WebLink AboutCOM 0047.000 2000-2002 Rui'Y Kim Dixie Kaetsu Mme/ MongBtng Dtrettor • Peter T. Young Deputy Managag Otreetor Couaty of Haaaii 25 Aupunt S6ee4 Room 215 • Htb. Hawtut %72(F4252 • (808) %1$211 • Fu (808) %1-6553 KONA 75-5706 Ktulmtt Ht8ltw~y, Smu 103 • Katlu~-Kau, Hawau %740 (806) 329.5226 • Fu (806) 326-5663 December 26, 2000 _ < - _ , Honorable James Y. Arakaki, Chairman and Members of the County Council Coumty of Hawati 25 Aupuni Strcet Hilo, HI 96720 _ t Deaz Chairman Arakaki and Members. Change of Zone Application (REZ 00-014) Applicant: Robert and Virginia Kazpovich Request: A-Sato FA-3a Taxes Key: 5-5-1:122 As required by Chapter 4, Sec. 5-4.3(C), Hawazi County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerel , Harry Kun Mayor LI13000mey Enclosures cc: Plannug Department a" Comm. No. t~~ 7 ItSle No. 2 ~ Tor Ret. Da ~ $ 8 2f~ Hury IGm Mayor • Couaty of Hawaii PLANNING COMMISSION 23 Augan Street, Room 109 • Hdo, f1~ma 967204232 (BOB)961-8288 • Fu (808) 961.8742 DEC 2 62000 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawazi 25 Aupuni Street Hilo, HI 96720 Dear Chauman Arakala and Members: Change of Zone Application (REZ 00-014) Applicant: Robert and Virgmra Karpovich Request: A-Sato FA-3a Tax Mpl> Key. 5-5-1:122 The Plarmmg Commission, after a duly held public hearing on November 30, 2000, voted to recommend for your approval the proposed legrslahve bill to change the dratnct classification from Agricultural (A-Sa) to Family Agricultural (FA-3a) for approximately 6.473 acres of land The property rs located witlin Kaahuhu Homesteads along the east side of a homestead road, and approximately 230 feet west of Kynnersley Road, I{aher, North Kohala, Hawazi The Commission concurs with the following Planning Diector's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zomng 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 tune or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may Have an inpact on other sinilar areas m the County. The proposed change of zone to a Family Agricultural (FA-3a) zoned distnct will conform to the goals, policies and standards of the Land Use and Agricultural Elements of the General Plan Land use is one of the pnncipal focal points of public concern and Honorable James Y. Arakeld, Chairman and Members of the County Council Page 2 policy. The Land Use Element provides the primary basis for duect control and gmdance of publicly and privately owned resources. It is also intended to be used as a policy grade 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 and Agricultural goals, policies and standards ere set forth to physically plan the lands m the County rn the best interest of the island's residents. These state the following: i. rid ice rid A ~l oral * Designate and allocate land uses in appropriate proportions and mix and rn keeping with the social, cultural and physical environments of the County. * Allocate appropriate requested zoning in accordance with the existing or protected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of commumties meeting the needs of its residents in balance with the physical and social environment * Protect and encourage the intensive utilization of the County's limited prime agricultural lands. * Rural style residential-agricultural developments, such as a new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need 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 vazious land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County Honorable James Y. Arakaki, Charrman and Members of the County Council Page 3 The requested zone change conforms to the LUPAG Map, which designates the azea for Intensive Agricultural. These lands have highly fertile soil and aze used for sugar, orchazd, diversified agriculture, and floriculture. The applicants' proposal to subdivide the subject property into two parcels of approximately 3.00 acres and 3.473 acres in siu is consistent with the land use designation. The apphcants' primary reason for this rezoning is to subdivide the subject parcel into two (2) lots and to allow for more intensive agricultural development. The applicants have experience in constructrrrg and operating a commercial greenhouse operation and small-scale truck farming. Also, the subdivrsron would allow the applicants the ability for use as two potential family home sites in addrhon to small-scale agricultural activities. In the addition, the applicants stated that the change of zone request rs to allow for the creation of smaller agricultural lots m order to produce greenhouse tomatoes, peppers, citrus finrt and grazing use. The requested zone change is consistent with the North Kohala Community Development Plan. The North Kohala CDP was adopted by the Planning Commissron by Resolution No. 2 84, dated September 1984. Said CDP firrther defines the General Plan and serves as a guide for land use development. The Land Use Concept Map of the CDP designates the area for Small Scale Agriculture and recommends the encouragement of smaller scaled agricultural lots for development to maintain and\or provide for greater agricultural opportunities on agricultwal zoned lands. The requested zone change would be compatible with the adjacent land use pattern and zoned district. There are about five (5) change of zone requests that were previously approved in the area: in 1968, from A-20a to A-3a for 14 04 acres; in 1973, from A-20a to A-3a for 37.27 acres; in 1987, from A-20a to A-3a for 9.49 acres; and in 1996, two requests were approved from A-20a to A-3a for 7.63 acres, and A-Sa to A-3a for 6.493 acres, respectrvely. The abutting lands to the north and south of the property are zoned A-3a and A-Sa, and to the west and east are A-20a. Land uses m the surrounding area mclude a mix of agricultural activities with interspersed resrdences and vacant lands. It should be noted that lands in the area are zoned A-20a, however, maJority of the parcels aze 8 acres or less m srze. The Maliu Rrdge Subdivrsron is located about 1/2 mrle further to the west of the subJect property. Sard subdivision currently consrsts of approxunately 113 parcels, with 741ots zoned A-la and 391ots zoned A-2a According to Chapter 205, Hawau Revised Statutes (HRS), otherwise known as Ure State Land Use Law, all lands wrthin the Agricultural District with soil classified by the Land Study Bureau's detailed land classification as having an overall (master) productivity rating of Class A or B shall be restricted to certain specific uses. The Land Study Bureau's Soil Rating for the subject property rs class "C" or Fair. The Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 property as "Prime Agricultural Land." Therefore the reclassification of this 6.473- acre parcel from Agricultural-S acre (A-Sa) to Family Agricultural-3 acre (FA-3a) zoned district will not be detrimental to the area The primary reason for this request is to subdivide the subject property into two (2) lots and allow more intensive agricultural development. In addition, the subdivision of land into two lots would allow the applicants a greater ability for use as potential family homesites and to engage in small-scale agricultural activities. Awordittg to the Real Property Tax Division, the property is dedicated for agriculture use. The applicants plan to continue the existing cattle grazing agricultural activities that have been established on the property The requested zone change, if approved, would also provide further agricultural opportunities which would be compatible with the agricultural setting in the area. Therefore, the requested change of zone would be in conformance with the intent and purpose of the State Land Use Law. The property is located within the Kaauhuhu Homesteads along the east side of Kynnersley Road. Kynnersley Road fronting the property is already accommodating the traffic of the existing agricultural pasture use. Any access improvements shall comply with the Department of Public Works requirements. The property is located within Zone X, areas outside of the 500-year flood plain. While there aze no indications of surface water flow on-site, Ute applicants will be required to abide by all applicable County guidelines for run-off generated by the development. Water for the proposed project is available from existing waterlines. All other essential utilities and services can or will be made available to the sublect development. The property had been in the past for sugaz cane cultivation, and has been converted and continues to be used for cattle grazing. Therefore, it is unlikely that any raze or endangered floral or faunal resources would be found within the property Further, it is unlikely that any historic sites listed on the Hawaii or National Register of Historic Sites would be found within the property. The proposed development will not adversely impact any recreational, including access to and along the shoreline, or visual resources to the shoreline end coastal ecosystems. The property is located mauka of Kynnetsley Road and about four (4) miles from the nearest coastline. It is adjacent to existing mixed agricultural, residences and pasture uses. Therefore, the proposed development will not adversely impact any scemc or open space resources to the shoreline, coastal view plane, and coastal ecosystems. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Based on the above findings, approval of the Change of Zone request from Agricultural-S acre (A-Sa) to Family Agricultural-3 acre (FA-3a) zoned d>strict would result in an appropriate land use pattern that will further the benefit for the general public For your favorable consideration, an amendment to Section 25-8-8, the Upolu Point - Kaauhuhu Homestead Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your u?formatton. Sincerely, Baker, Jr., Chairman Planning Commission Lkarponch03PC Enclosures cc: Robert and Virginia ICarpov~ch Department of Public Works Department of Water Supply West Hawati Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu BKerpovOlegk-11\18\00 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ROBERT F. AND VIRGINIA ICARPOVICH CAANC-E OF ZONE A_PPL.ICATION NO 00.014 ROBERT F. AND VHiGINIA KARPOVICH have submitted an application for a Change of Zone by changing the distnct classification from Agricultural (A-Sa) to Family Agncultural (FA-3a) for approximately 6.473 acres of land. The property is located within Kaauhuhu Homesteads and is a flag lot off of Kynnersley Road, Kahei, North Kohala, Hawaii, TMK• 5-5-1:122. (~'F. Ai. INFO MATION 1. Land Ownership: Robert F. and Virginia Karpovich aze the fee owners of the subject property. 2. August 24,1982: Effective date of Ordinance No. 815, which reclassified approximately 37 86 acres of land from A-20a to A-Sa covered by Tax Map Key: 5-5-1:22. (See Exhibit A -Ordinance No. 815) 3 January 16,1984: Final Subdivision Approval (SUB 5057) granted by the Planning Director to create five (5) lots in varytng lots sizes as follows: Lot 8-A 5 858 acres (TMK: 5-5-1:22) Lot 8-B 6 049 acres (TMK: 5-5-1 118) Lot 8-C 6.493 acres (TMK: 5-5-1.119) Lot 8-D 0.459 acre (TMK: 5-5-1.120) Lot 8-E 19 001 acres (TMK: 5-5-1.121) 4 June 14,1984: Final Subdivision Approval (SUB 5057-a) granted by the Planning Director to fiirther subdivide Lot 8-E consisting of 19.001 acres (TMK: 5-5-1:121) to create three (3) lots as follows. Lot 8-E-1 of 7.527 acres (TMK: 5-5-1:121) Lot 8-E-2 6.473 acres (TMK• 5-5-1.122), wlvch is the subject property Lot 8-E-3 5 001 acres (TMK. 5-5-1.123) C ~ ~F7 CL3~ II ~`f~ PL PROPOSED DEVELOPMENT 5 Request: The subject 6.473 acres of land was part of a larger 37.86-acre parcel that the applicants purchased from Kohala Corporation in 1979. The applicants want to reclassify the subject pazcel from A-Sato FA-3a in order to subdivide the property mto two lots consisting of 3.0 acres and 3.473 acres in size. 6. Objectives: `"The primary reason for this rezoning is to subdivide the subject parcel into two (2) lots and to allow for more intensive agricultural development. The applicant has experience to constructing and operating a cotumercial greenhouse operation and small- scale truck farming. Also, the subdivision would allow the applicant the ability for use as two potential family home sites in addition to small scale agricultural activities." In the questionnaire, the applicants further stated that the change of zone request is to allow for the creation of smaller agricultural lots to order to produce greenhouse tomatoes, peppers, cttrus fivit and grazing use. 7 Supportive Information: The applicants have submitted the followmg in support of the request: (See Exhibit B -Change of Zone Application) STATE AND COUNTY PLANS 8. SLU: Agricultural 9 General Plan Consistency: Land Use and Agriculture Elements' goals, policies and courses of action for North Kohala 10. General Plan LUPAG MAP: Intensive Agricultural. These aze lands of high fertile soil which aze used for sugar, orchard, diversified agriculture and floriculture. 11 North Kohala Community Development Plen (CDP): The North Kohala CDP was adopted by the Planning Commission by Resolution No. 2 84, dated September 1984 Said CDP further defines the General Plan and serves as a guide for land use development. The Land Use Concept Map of the CDP designates the azea for Small Scale Agriculture and recommends the encouragement of smaller scaled agricultural 12 County Zoning: Agricultural-5 acre (A-Sa) 13 Special Management Area (SMA): The subject property is not located within the SMA boundary. It is located approximately four (4) miles from the neazest coastline. -z- D .S RiPTION OF c TR iT, .T PROPF.RTV ANDS TRRO iN . RF.A 14 Subject Property: The subject property is a flag and irregular-shaped lot consisting of approximately 6.473 acres. The major portion of the property is approximately 467 feet east of Kynnersley Road. It is presently in grazing pasture for cattle and vacant of any structures. The property is currently dedicated for agnculture use. According to the applicants, "after the subdivision, deed restrictions will assure that agricultural use is maintained " 15. U.S.D.A. Soil Survey Report: The substrate ~s Ainakea Senes (AaC) which consists of well-drained silty clay looms that formed in volcanic ash and are underlain by basic igneous rock. The surface layer and subsoil aze about 10 to 20 inches flock, respectively. Permeability is moderately rapid, runoff is slow to medium, and the erosion hazazd is slight to moderate. The property has a 3-20 percent slope 16. ALISH Map: The Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the property as Prime Agncultural Land. Tlus type of land has the soil quality, growing season, and moisture supply needed to produce sustained high yield of crops econorrucally when treated and managed according to modern farming methods. 17. Land Study Bureau: The Land Study Bureau's overall master productivity rating for agncultural use is Class "C" or Fazr. 18 Flood Insurance Rate Map: The property ~s located within Zone X, areas outside of the 500-yeaz flood plain. 19. Flora/Fauna and Archaeological Resources: According to the applicants' Environmental Report, the property had been in the past for sugaz cane cultivation, and has been converted and continues to be used for cattle grazing. Therefore, the applicants believe that it ?s unlikely that any raze or endangered floral or faunal resources would be found within the property. Further, it is unlikely that any hrstoric sites listed on the Hawait or National Register of Historic Sites would be found within the property 20 Recreational/Visual Resources: The property is located mauka of Kymmersley Road and about four (4) miles from the neazest coastline. Therefore, the proposed -3- development will not adversely impact any recreational, including access to and along the shoreline, or visual resources to the shoreline and coastal ecosystems 21 Surrounding Zoning/Land Uses: The abutting lands to the north and south of the property are zoned A-3a and A-Sa, and to the west and east are A-20a. Land uses in the surrounding azea snclude a mix of agricultural activities with interspersed residences and vacant lands. It should be noted that lands in the azea aze zoned A-20a; however, ma~onty of the pazcels are 8 acres or less in ssze. The Maliu Ridge Subdivssion is located about 1/2 mile further to the west of the subject property. Said subdivision currently consists of approximately 113 parcels, with 741ots zoned A-la and 39 lots zoned A-2a. 22. Previous Rezoning Approval: The previous change of zone requests approved in the vicinity are as follows: (See Exhibit C -Map) a. Ordinance No 96 75 (REZ 823), A-Sa to A-3a Effective Date: June 27, 1996 Applicant: Robert and Virginia Karpovich TMK: 5-5-1:119, 6.493 acres b. Ordinance No. 96 4 (REZ 810), A-20a to A-3a Effective Date• January 12, 1996 Applicant: Flora K. Hake TMK. 5-5-1:19, 7.63 acres c. Ordinance No. 87 120 (REZ 575), A-20a to A-3a Effective Date: November 30, 1987 Applicant. Ira Leitel and James Brand TMK 5-5-1:26, 9.49 acres d. Ordinance No. 571 (REZ 175), A-20a to A-3a Effective Date• April 13, 1973 Applicant: Antoinette Schulze and William McPeek TMK. 5-5-122 (por.), 41 and 69, 37 27 acres e. Ordinance No. 167 (REZ 69), A-20a to A-3a Effective Date: November 20, 1968 Applicant: Gozu Maekawa TMK. 5-5-1:25, 14.04acres -4- iTTII,iTIES AND SERVICES 23. Access: Access to the property is from Kynnersley Road, a County maintained road The section of road fronting the parcel has aright-of--way of approximately 50 feet with a 22-foot wide paved surface. 24. Water: Water service is available to the property from existing waterlines 25 Wastewater System: There is no municipal wastewater system in the azea. Wastewater disposal system will meet with the requirements of the Departrnent of Health. 26. Facilities and Utilities: Electrical and telephone services aze available to the property. Police and fire services, and the Kohala Hospital are available in Kapaau, approximately 3 miles from [he property. AGENCIES' COMMENTS 27 Department of Public Works (October 27, 2000 Memo): "We have reviewed the subject application and our comments are as follows: 1. All development generated runoff sha[] be disposed of on-site and shall not be dvected towazd any adjacent properties. 2 All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. A common dnveway connection for the pazcels to Kynneisley Road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Sight distance at that connection shall comply with the Hawazi Statewide Uniform Design Manual for Streets and Highways." 28. Department of Water Supply (October 5, 2000 Memo): "We have reviewed the subject application and have the following comments. "Please be informed that the applicant's comments within the Background and County Ennronmental Report states that two existing service laterals, each accommodating a 5/8-inch meter, aze available for the proposed change of zone. However, our records show only one service account, No. 730-883600 fora 5/8-inch meter services the property -5- "Therefore, we request that the applicant subrnit a copy of the application for the second service to the property for our review and comments. "Upon completion of our review of the above request, we will submit our comments and requirements." 29. Police Department (October 9, 2000 Memo): "Staff has reviewed the above-referenced application does not believe that proposed rezoning will have a significant impact on traffic or police services." 30. Real Property Tax Office (October 9, 2000 Memo): "Possible rollback taxes. Yes. There will be rollback tax on the 6.473 acres m the application. "Current Real Property taxes aze paid through December 31, 2000." 31. Department of Transportation (October 30, 2000 Letter): `"Thank you for requesting our comments. Approval of the subject application will not adversely affect State highway facilities." 32. Land Use Commission (October 26, 2000 Letter): "We have reviewed the subject application as transrnitted by your memorandum dated September 28, 2000, to change the zoning for the subject pazcel from A-Sato FA-3a located m Kaauhuhu, North Kohala, Hawaii. "Based upon our review of the sublect application, we have the following comments: 1) We confirm that the subject parcel is in the State Land Use Agricultural Distnct. 2) In Section B 2., on page 1 of the `Background and County Environmental Report,' we have the following comments: a) The State Land Use Distract should be referred to as `Agncultural' and not Agnculture. b) We would tike to point out that pursuant to Chapter 205, Hawaii Revised Statutes (`HRS'), all lands w~thun the State Land Use Agncultural Distract with soil classified with the Land Study Bureau classification of C, D, E, or U shall be restncted to uses defined in Sections 205-2, 205-5(b) HRS -6- and Section 15-15-25, Hawaii Administrative Rules. Other uses maybe allowed by special permits issued pursuant to Chapter 205, HRS. 3) We recommend clarification if the Applicant consulted with the Histonc Preservation Division, Department of Land and Natural Resources to venfy that the property does not contain any archaeological, cultural or historic sites. We have no further comments Thank you for the opportunity to review and comment on the subject application." AGF.N .iF.S - NO RESPONSE 33. Fire Department, Department of Land and Natural Resources -Land Division and Historic Preservation Division, and Department of Health, Natural Resources Soil Conservation Service PiTRi.iC COMMENTS 34. The department has not received any wntten comments or objections from the general public on this subject change of zone application -7- BILL N0. 871 (Amended I!j COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N~ 81S AN ORDINANCE AMENDING SECTION 7.06 (THE NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 2, CHAPTER 8 (ZONING CUU6) OF THh HAWAII COUNTY CODE, AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-Sa) AT KAAUHUHU HOMESTEADS, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-01:22. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII. SECTION 1. Section 7.06, Article 2, Chapter 8 (Zoning Code), of the Hawaii Coun[y Code, as amended, is further amended to add a new subsection, to read as follows: "7.06 ( w The district classification of the following area situated at Kaauhuhu Homesteads, North Kohala, Hawaii, shall be Agricultural (A-Sa). Beginning at the South corner of this parcel of Land on the Northwesterly side of Homestead Road, being also the East corner of Grant 13747 to Lui Kainoa, the coordinates of which reterred to Government Survey Triangulation Station "PUU 0 NA LE" being 1,478.80 feet North and 5,646.40 feet East and running by azimuths measured clockwise from True South 1. 1390 08' 30" 1,437.20 feet along Grant 13747 to Lui Kainoa and Grant 9127 to Rose Martins, 2. 2290 02' 498.80 feet along Grant 4817 to Manuel Assencao, 3. 1390 16' 1,005.20 feet along Grant 4817 to Manuel Assencao; 4. 228° 00' 224.90 feet along the Southeasterly side of Government Koad, 5. 2520 50' 230.00 feet along the Southeasterly side of Government Road, 6. 1980 00' 75.00 feet along the Southeasterly side of Government Road, 7. 3190 17' 962.80 feet along Grant 4818 to Peter R. Nelson, 8. 3190 02' 640.10 feet along Land Court Application 1788, EXHIBIT 9. 326° 37' 137.20 feet along the Westerly side of Homestead Road; 10. 340° 19' 137.80 feet along the Westerly side of Homestead Road; 11. 52° 38' 101.70 feet along the Westerly side oP Homestead Road; 12. 10° 10' 202.80 feet along the Westerly side of Homestead Road; 13. 3° 20' 172.20 feet along the Westerly side of Homestead Road; 14. 66° 10' 63.60 feet along the Westerly side of Homestead Road; 15. 32° 49' 108.30 feet along the Westerly side of Homestead Road; i 16. 349° 1B' 218.00 feet along the Westerly sitle of Homestead Road; _ 17, 2° 1B' 160.10 feet along the westerly side of Homestead Road; 18. 60° 54' 172.70 Peet along the Northwesterly side of Homestead Road to the point of beginning and containing an area of 37.86 acres. All as outlined in red on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. This subsection is conditionetl upon the following: (A) that the petitioner or its authorized representative shall be responsible for complying with all of the stated conditions of approval; (B) that [subdivision plans shall be submitted antl tentative approval secured within one (1) year from the effective date of this ordinance. Final subdivision approval shall be secured within one (1) year thereafter; (C) that within three (3) years from the effective date of this ordinance, a minimum of ninety (90) percent of each parcel shall be utilized far substantial agricultural activity. ]the property shall be zoned on an incremental basis. Each increment shall not exceed eighteen (18) contiguous -2- acres of land area or SUS of the total land area of the property. whichever is greater, (C) that the zoning of the successive increment(s) shall become effective upon subdivision of the previous increment and (it shall be demonstrated to the satisfaction of the Planning Director that substantial] agricultural activity (is] being conducted on at least [90x) [25~] 75'~ of [each] the lots in the preceding increment. For the purpose of this condition "agriculture" shall be defined as the cultivations of crops, including but not limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of livestock, including but not limited to poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use. An agricultural activity will be considered [substantial] appropriate (1) if such activity is implementing a conservation program For the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service(,] i or (2) if it provides a mayor source of income to the person(s) who reside on the property, or (3) if the property is dedicated for agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the Planning Department and Bureau of Conveyances. [The execution of a Farm Dwelling Agreement may also suffice in lieu of the above requirements), that tentative [approval of] subdivision plans shall be [secured] submitted within two (2) years from the effective date of this ordinance and final subdivision [approval] plans be [secured] submitted within one (1) year thereafter. Tentative subdivision [approval] plans of successive increment(s) be [secured] submitted within one (1) year from the effective date of the zoning for that increment. Final subdivision [approval) plans shall be [secured) submitted within two (2) years [hereafter, (E) [(D)J -3- that a drainage system [in accordance with the standards] meeting with the approval of the Department of Public Works shall be installed; and(F) [(E)] that all other applicable rules, regulations and requirements, including those of the Department of Water Supply shall be complied with. Should any of the foregoing conditions not be met, the Planning Director may initiate the rezoning of the property to its original or more appropriate zoning designation." SECTION 2. Material to be repealed is bracketed. New material is underscored and italicized. In printing this ordinance, the brackets, bracketed material, the underscoring and italicized need not be included. SECTION [2]. 3 In the event that any portion of this ordinance _ is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION [3]. 4 This ordinance shall take effect upon its approval. INTRODUCED BY: r~LYlQlyki UON~WKAe1 C UNCIL ME BER, NTY OF HAWAII Hilo, Hawaii Date of Introduction: August 4, 1982 Date of Adoption: August 17, 1982 Effective Date: August 24, 1582 _4_ . 1 eon ` h`+\•/;~~/\\ A 1. J , \L `v// „ 5, r ?g Vgo ~J`~J ` ~ROADHu ~ 9 0 q Hoe \ I A;=Oe ~ q` PY A'?ea q S f ~ - I •N..~b.A A 20n hOHALq T IFQAD { A zee A i , ' h .Yoe 4 I A c'b, j I A ?oa I Ai °Ja A 3e , -T- - - .I . •.li I " ~ AGRIOULT RAL ~A-20 A TO AGRIC TuRAL_A- e) AREA=3 Be ACRES J A•zOo A Zoe ' , I I j \ ~ i I ~ 1 4~B Bo N ~ 5,64610 E ` FUU O Nq~_~i p ' i ~ ~ ~ ' ~ I 9 1-. \ A r~ ~ ` ~ 1 ~ ~ _ ~ _ _ _-l- I I NOTE i. -i 9EE ORD~N ANGE NUMACR H,9 FOR ~ ML"TES AND B^_~UN P4 De9CRIPT~eN OF TMG ABOYC ZONE CHANGCi AMENDMENT TO THE ZONING CObE AMENDMENT NO 23 TO SECTION 7.06 (THE NORTH ANO SGUTH i KOHALA DISTRIOTS 20NE MAP) ARTICLE 2, CHANTER S fZONtN6 CODE) OF THE HAYIAII COUNTY CODE, P,S AMENDED, f3Y CHAN5- ING THE DISTFICT CLASSIFICATION FRO~iI AGRICULTURAL ~A-20ej 'TO AGRICULTUr~AI (A•Sa) AT KAAUHUHU HOMESTEADS, NORTH KOHAI.A, HAWAII. SAT E' '~F PU ~LIC HEARING - ,JUNE 1^>8~c EFFECTIVE BATE AUG 24. 1^~0~ OROI~:ANGC- NUMBER BIS pR~r-~.REO fJY pL 4NN1NG DC--PART h'IENT GOUNT7' OF HAWAII TMPG S-S-OI ?z JUNL 2°.J I^.JBZ EXHIBIT '/i' CHANGE OF ZONE APPLICATION 2 P(~ 1 1~ COUNTY OF HAWAII ZCuO SEP 1 ENS (TYPe oLegtANNIlVG ~EPAR uTME o~rmation) p~NO N~ ~F ~1-~M~1 APPLICANT: R ER F and VI INIA KARPOVICH (owners) APPLICANT'S SIGNATURE' DATE: Sept. 9, 2000 ADDRESS: 42 Lae Place Paia, Hawaii 96779 LIST APPLICANT'S INTEREST IF NOT OWNER: owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: n/a PHONE:(Bus.) 808 5798164 (Res) 808 5798164 (F~) 808 5798164 LANDOWNER(S): Robert F. and Virginia Rarpovich ~~y~~ 77777 LANDOWNER SIGNATURES ~ ~ DATE: ~/0~ May be by lette I . LANDOWNER(S) ADDRESS. 42 Lae Place Paia, HI 96779 F REQUEST: Agriculture (A-Sa) TO Agricu tureL(k-3a) (Ex~snng zoninpa (Proposed Zontng) TAX MAP KEY: 5-5-01:122 STREET ADDRESS OF PROPERTY: off Kynnersley Road, Kaauhuhu-Kahei Homesteads ort oaa SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 6.473 acres AGENT: self ADDRESS: TELEPHONE: (Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Robert Karvovich COPIES: none 42 Lae Place Paia, HI 96779 EXHIBIT (See Instructions on Reverse Side) Note: A Legal Description in map and written form by certified surveyor will be forwarded to the Planning Department in approximately one week. 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? vyG If des, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 6.473 b. Into what lot sizes? 3.Oacres and 3.473 acr= c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plane to the Planning Department for preliminary approval? immediately d. Do you intend to build houses on the newly created lots? YES If yes, please answer the following questions: On how many of those lots? initially one, other for family member At what approximate price range? House $85,000.00 Lot ~135~DA0_DO This ie property value, but not for sale. Total ;220,000.00 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. attached 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) n/a P.D. 2 5/84 f. If you intend to do either a, b, 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? YES How? Creation of one additional building site. 4. Are there any buildings on the subject area? NO If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? vEc If so, please list the kinds of products grown and on how many square feet or acres of land per product. Grazing pasture uee: 6.473 Acres 6. Was your request to allow for the creation of smaller agricultural lots? YES If so, did your plan include the following considerations? YES a. Commodity to be produced? YES What kinds of commodity? Greenhouse tomatoes/peppers citrus fruit/grazing use b. Suitablility of the proposed lot-size for that commodity? YES c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? YES -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of ygS agricultural use? Please state the proposed type of arrangement. The subject property is currently dedicated to agricultural use. After subdivision, deed restrictions will assure that agricultural uee is maintained. 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. _ygg If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. n/a 7. To your knowledge, hoe 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 to the subject area needs improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? vFc 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools xxx b. Roads XXX c. Sewer XXX d. Drainage }IXX -3- Yes No e. Police Protection lpp~ f. Fire Protection 1[lp~ g. Recreational Facilities ]IXX h. Public Utilities B1Q{ i . Other lpp[ For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ` Address: G9 Tna Plnru~ ?nia Navaii QF77Q Telephone: 808 579-8164 Date: September 9, 2000 -4- BACKGROUND AND COUNTY ENVIl2ONMENTAL REPORT Change of Zone Applicatron TMK 5-5-O1 122 (Lot 8-E-2 of du Dort A plicahon 1122) from Agnculture (A-Sa) to A~ic t a) Area 6 473 Acres A SUBJECT REQUEST a Protect Descnption The property is located witlvn the Kaauhuhu Homesteads, along the south side of Kynnersley Road, in the Kaauhuhu-Kahei Homesteads, North Kohala. The road fronting the property is already accommodating the traffic of the existing residential and agncultural uses, and is the main road from Kapaa o uela The protects scope is to rezone the subtect property from Agriculture (A-Sa) to A~-3a) in order to subsequently create a 2 lot subdivision with one lot of 3 0 acres and one lot of approximately 3 473 acres. The actual protect work will consist of surveying only There will be no actual construction as both proposed lots will have direct access onto a paved government road and there are already two water services installed to the subtect property The property is currently in pasture use b The primary reason for this rezoning is to subdivide the subtect parcel into two (2) lots and to allow for more intensive agricultural development. The applicant has expenence in constructing and operating a commercial greenhouse operatron and small scale truck fanning Also, the subdivision would allow the applicant the ability for use as two potentral family home saes in addition to small scale agncultural actrvitres c Number of acres The total protect area is 6 473 Acres d Proposed amts One additional lot will be created e Trine frame and cost The subdivision will proceed as rap?dly as governnent approvals aze obtained, estimated to be several months for rezoning Surveying costs will be approximately $1500 00 and County application fees approximately $800 00 f Membership size/number of employees and clientele: Not Applicable g Pazking All pazking will be on the lots created. h Traffic Impacts Access will be from Kynnersley Road, a 2 lane paved County highway Increased traff?c from the one additional lot created by this project will have no significant effect. t On-site/off-site infrastructure The protect will require no additional on-site or off-site infrastructure The subtect property already has two water meter sernces, one for each of the proposed lots. B CONFORMANCE WITH STATE/COUNTY PLANS 2 The State Land Use designation for the subtect property is Agnculture According to HRS 205, lands within the Agncultural Distnct with soils classified with a Land Study Bureau productivity rating of Class A or B shall be restncted to certain specific uses The subtect property has soil with a Land Study Bureau rating of Class C, or Fair Therefore the rezoning from A-Sato A-3a will not be detnmental to the azea 3 Applicable goals/policies and ob~l~dives of the General Plan The Change of Zone from Agnculture (A-Sa) to A i i el~(A!~.a) will conform to the following, as contained in the Page 1 of 4 General Plan -Designate and allocate land uses in appropriate propomons and mix and in keeping with the social, cultural and physical environments of the County -Protect and encourage the intensive utilization of the County's limited prime agnculturallands --Rural style residential-agricultural developments, such as new small scale wal communities or extensions of existing rural commumties, shall be encouraged in appropriate locations -Zomng requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need 4 General Plan. The GP LUPAG MAP designation is Intensive Agriculture The proposal to subdivide into two parcels of approximately 3 0 acres acid 3 473 acres in size is consistent with tlvs land use designation 5 The current zoning is Agriculture (A-Sa) The proposed zoning is Agriculture (A-3a) 6 North Kohala Community Development Plan (CDP) The Land Use Concept Map of the CDP has designated this area for Small Scale Agriculture and recommends the encouragement of smaller scaled agricultural lots 7 The subject property is not in the Special Management Area C PHYSICAL. CIL/+RACTEIi`iSTICS AND ENVIItONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AAA 8 The subject property is an irregulaz shaped lot of approximately 6 473 acres The curent owner purchased it from Kohala Corporation in 1979, and subsequently converted the abandoned sugar cane lands into grazing pasture for cattle with the assistance of the Department of Agriculture's Soil and Water Conservation Program The current owner improved the pasture condition by the planting of a mixture of grasses including nitrogen fixing varieties and establishing windbreak trees The property is gently sloping There aze no existing sUvctures, drainage ways, or water courses on the property The property is located several miles above the towns of Hawi and Kapaau, at about the 1300 foot elevation This region has persistent trade words and varying rainfall of about 60 inches per yeaz The surrounding area in general is a mix of small agncultwal lots, predominately in grazing, orchard, and small crop use, most of which also have a residence, including two adjoining three (3) acre parcels with residences, and one adjoining five (5) acre pazcel with a residence 9 The subject property is in Lava Hazard Zone 9, with the lowest possible lava risk ] 0 The subject property is approximately four (4) miles from the coastline at an elevation of approximately 1300 feet above mean sea level 11 ALISH The subject property is classified as "Prime Agricultural Lands" 12 USDA Natural Resources Conservation Soil Sernce Report soil type The substrate is Ainakea Series (AaC/AaD) which consists of well-drained silty clay loams that formed in volcanic ash and aze underlain by basic igneous rock Permeability is moderately rapid, runoff is slow to medium, and the erosion hazard is slight to moderate The property has a 3-20 percent slope Page 2 of 4 13 Land Study Bweau The Land Study Bweau's overall master productivity rating for agncultuntl use rs Class "C" or Farr 14 Flood Insurance Rate Map (FIRM) designation The subject pmperiy rs located outside of the 500 year flood plain (Zone X) 15 There are no existing drainage ways or improvements 16 Air Quality This region of North Kohala is located on the windward side of the Island with persistent trade winds and excellent air quality Noise The subject property is located m an area of small agricultural lots with the normal daytime noise of small agncultural equipment, and is very quiet in the evenings Water Quality The water supply is from deep wells and is of good quarry 17 There are no archaeological, cultural or histonc saes on the subject property, which is former sugar cane land cultivated by Kohala Corporation 18 There are no native or exotic plants After sugar cultivation ended, the property was converted to pastwe use with windbreak trees planted 19 The subject property involves no scenic or coastal resowces. It is an intenor lot and not visible from the ad~oinu?g highways 20 Social settlement pattern for the area The property is located several miles above the towns of Haws and Kapaau Closer to the towns, there is a denser mix of residential lots and other small agricultwal lots In the surzounding vicinity of the subject property there are other one acre, three acre, and five acre agricultural lots, most of which have a single home and grazing, orchard, or crop use There are also some larger grazing parcels 21 Economic resowces of the area Since the demise of sugar, the North Kohala region has depended upon small scale agriculture as well as being a bedroom community for workers who commute to the resort areas of South Kohala 22 Land values Land values have remained stable within the North Kohala region, as it is a desirable place to live, yet there is a reasonable supply of land from small scale subdivisions , in the immediate area, providing housing opportunities and lands for intensive small scale agricultural uses 23 Land use of surzounding lands The land use of the area surzounding the subject property is agncultwe, with a predominance of grazing, orchard, and small crop farming. 24 Zoning of surrounding lands: There is a mix of surzounding properties with Agriculture (A-3a), Agriculture (A-Sa), and Agriculture(A-20a) zoning. D Public Facilities and Sernces 25 Access is from Kynnersley Road, a County highway, which has a pavement.ndth of approximately 22 feet fronting the subject property, and has a varying nght of way width of approximately 50 feet in the vicinity of subject property 26. There are two existing County water services to the property, one for each proposed lot. 27 Sewerage disposal will be by way of cesspool or pnvate septic system, as perznitted by the Department of Health 28 Solid waste disposal is available at the Hawi Transfer Station, located approximately one mile below the subject property Page 3 of 4 29 There is a police station and fire station at Kapaau, located less than 5 miles from the subject property. 30 Schools Kohala High and Intenned~ate Schools are located m town, less than 5 miles 31 Parks Kamehameha Park, with the Ikou Hisaoka Gym and sw?mmmg pool ~s located less than 5 miles from the property. 32 Telephone sernce and electnc~ty are located along the property's boundary on Kynnersley road E Environmental Assessment and Analvs~s 33 -36 The subject project involves creation of one add~Uon small agncultural lot. Both lots will have direct access onto a paved government road, and two water sernces already exist, so there ~s no construction associated Wrath the proposed rezoning and subsequent subdrv~sion and no adverse environmental impacts will result that would need to be mitigated The current agncultural use of the property would not be affected by the rezoning/subdiv~sion There would be no irreversible or irretrievable commitments of natural resources if the proposed actron rs implemented Future uses of the property may involve the use of each of the two lots as a home site as well as for agncultural use It is likely that the agncultural use may shift from grazrng to a more intensive use, such as orchard or truck fanning The add~t~on of one additional burldrng site to the area will have no significant environmental impact Page 4 of 4 y o, • a. ~ 4 LOCATION PLAN ~ . 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HA MA K U; ~ 3 ON E- S ZDIV1SlON OF LOT 8-E-2 , .rea =6.473 Acres) into LOT 8-E-2-A and Lot 8-E-2-B TMK:(3)5-5-01:122 Kaauhuhu, North Kohals, Hawaii ~ Gov~R~vM~,vr 00 ' . fi _ t/ , ~t , ` et t I ~ ~ ~ I, ~ f I t ~}ter .r~ t . I . ~ , e• r e.t ~ . t~ i~ ii rn A ~ I ~ ~ r ~ tl w Q. / ~ w : ~ ~ ~ ' j ~ ~ I co. oo ~I r a 6a Vicinity Map r I ~ ~ ~ h N NOf TO SCOM ' ~ f ~ I ~ w p ~ / h a ~ I ~ O AA C V" * 4p4 y?v~ ~ c ` 4~~ ~ I h G ~d d _ ~ CMC I~j.'Y 1 J i~ F~ II G C ! I I " ~ O' ~ ~ 1 y ~ , ~S. ~ J h ~ ~ I ~v ti Q ~J 0 s° c ~~~~~PROPOSED LOT 5-E-2-B ~ ~ a O J~'(1~~0 I ~ ` 3.a 73 acres ~ ;m ~ G r o I ~ ~ ;O . ~I ~ ~ ~d.Gx o ~ ~ ~ ~ v Pe F'AR a2 ~r~ [..nar, nrMj ~~'r OR /oof~ T . O°- ~e /lrw.. 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