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HomeMy WebLinkAboutCOM 0125.000 2000-2002 CRY ICIm Dltte ICaebu Mayor Masaduq Ofrieetor • _ -Peter T. Young Q~xy-Manaaag Dlieetor Couaty of Hawaii 25 Aupm~ sweet, Roan 215 • Hilo. H~w~ut %730232 • (BOB) %I.82I1 G Ppc (BOB) %1.6553 ~ ~ KONA 73-3706 KuJatt HiBinny, 9tuh 103 Ku7~u-Kau, Hew~~ %740 (BOB) 329-5226 • Fa (808) 326.3663 February I, 2001 ` f A C~^ s Honorable James Y. Arakalu, 9~~*r+A~ ; _ ~ ~ and Members of the County Council C County of Hawaii s 25 Aupuni Street _ Hilo, HI 96720 = Dear Chairman Arakaki and Members: Change of ZAne Application (REZ 00-017) Applicant: Joshua K. Leo Request: O and A-la to FA-2a Tax Man Key~ 1-4-7327 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Conunission's letter and enclosures regarding the above-referenced request. Sinceroly, ~ l~ Harry Kim _ Mayor L011901rnay Enclosures cc: Planning Departmt:nt Q 111 3.z Comm. No. I Z P'lle Na Z N G ~ PN Iief. 1b: P ~ lief. Pub?n FEB 2 3 ~nm ~,~r~ Y Mayor County of Hawaii PLANNING COMhIISSION 25 Aupum Street, Room 109 • Hilo, Wwau 967204252 (808)961-8288 • Fax (808)961-8742 r ~ ~"j Honorable James Y. Arakaki, Chazrman and Members of the County Council County of Hawazi 25 Aupunr Street Hrlo, HI 96720 Deaz Chairman Arakaki and Members Change of Zone Application (REZ 00-017) Applicant. Joshua K Leo Request: O and A-la to FA-2a Tax Man Kev: 1-4-73.27 The Planning Commrssion, after a duly held public heanng on January 19, 2001, voted to recommend for your approval the proposed legislanve ball to change the distract classification for approximately 3 232 acres of land from Open (O) and Agncultural (A-la) to Family Agncultural (FA-2a). The property is located to Vacationland Hawazi Subdivision, Unit II, on the east side of Halepueo Road and approximately one mile east of the Kapoho-Pohoilu Road and Moani Road intersection, Halekamahina, Puna, Hawazi. The Commission concurs with the following Plamm~g Dtrector's reasons for recommending favorable consideration of the change of zone. The request for a change of zone designation from Open (O) and Agncultural (A-la) to Famrly Agncultural (FA-2a) would allow the applicant to construct a farm dwelling on the 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 tune and stage developments to achieve growth determined by the General Plan and related planning documents The implications of these evaluations and _ • i , :~•-r-t Honorable James Y Arakaki, Chairman and Members of the County Council Page 2 decisions must be also considered as they may have an impact on simtlaz azeas in the County. The subJect parcel was created to 1963 as one of 83 - 5± acre lots with the intent that it would be used for agncultwal purposes The Open (O) zoning designation was adopted to 1967 in conformance with the newly-adopted State Land Use Conservation Distnct designation (1964) The State Land Use Botmdanes lures were drawn using the Halekamahina land division as the dividing line wtthout consideration of the subdivision As a result, this and several other pazcels were placed to the Open (O) zoned distnct for consistency In 1971, the State Land Use Commtssion approved Vacationland Associate's request to amend the State Land Use boundary from Conservation to Urban It was determined that the boundary amendment to an agncultwal district would result in a more appropnate land use Subsequently, in 1991, Michael Smith's request to rezone TMK• 1- 4-73:2, a pazcel located to the southeast along Ilulant Road, from Open (O) to Agncultwal (A-Sa), was approved by the County Council. In addition, in 1999, Leigh R. Hilberi's request to rezone TMK: 1-4-73.18 from Open (O) and Agricultwal (A-la) to Family and Agncultwal (FA-2a), also located southeast along Ililam Road, was approved by the County Council. Both requests were approved as the use would be consistent with the onginal intent of the creation of the pazcel, be in confoimance with the General Plan and State Land Use Agncultural Distract and adJacent zoned uses. Approval of this request to change the zoning of the subject parcel from Open (O) and Agncultural (A-la) to a Family Agncultwal (FA-2a) zoned distract will conform to the following goals, policies and standazds of the General Plan Land Use and Agncultwal Elements • Land Use Designated and allocate land uses in appropnate proportions and mix and in keeping with the social, cultwal and physical environments of the County • Zoning request shall be reviewed with respect to General Plan designation, distract goals, regional plans, State Land Use Distract, compatibility with adjacent zone uses, availability for public services and utilities, access, and public need Agriculture The compatibility of agncultwal and non-agncultwal uses should be carefully reviewed and where appropnate, buffers required Rural-style residential-agncultwal developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropnate locations Honorable James Y. Arakakt, Chairman and Members of the County Council Page 3 Protect and encourage the intensive utilization of the County's important agncultural lands The county shall encourage the development and maintenance of communities meeting the needs of its restdents in balance with the physical and social environment Agncultural land shall be used as one form of open space or green belt. The Soil Conservation Service Sotl Survey Report classifies the soils as Malama Extremely Stony Muck (rMAD) These sods consist ofwell-drained, thin, extremely story organic sods over A'a lava and is used pnmanly for woodland, pasture and orehazds Soils within the subJect property have been classified as "E" (Very Poor) for agncultural productivity by the Land Study Bureau's Detailed Land Classification System. Soils within the subJect property aze also classified as "Other Important Agncultural Land" by the ALISH system. Finally, the General Plan LUPAG Map designates the azea for Orchazds The proposed rezoning would bnng the subject pazcel into conformance with the existing Agncultural zoned properties within the Vacationland Hawaii Subdivision. As the existing Open (O) zoning designation applies to areas that contnbute to the general welfaze, the full enJoyment or the economic well-being of open land type uses, the applicant would be prohibited from constructing a dwelling wtth the present zoning. When the State Land Use Commission approved the State boundary amendment from Conservation to Urban, it was determined that no significant Conservation chazactenstics were inherent and the subJect lands could be removed and Justifiably placed with the State Land Use Agncultural distnct. Lands surrounding this property include a lazge 140-acre pazcel bordering Vacationland Hawazi II to the north which is zoned Open (O) and witlvn the State Land Use Conservation Dtstnct Four pazcels along Halepueo Road and Ililani Road aze zoned Open (O) and Agncultural (A-1 a) The maJonty of parcels in the Vacationland Hawaii Subdivision Increment II, however, is zoned Agncultural (A-la) Therefore, favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this subdivision As such, the granting of the proposed use will not adversely affect similar or related existing uses within the surrounding azea, community or region The proposed change of zone will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure This parcel is located on the nght, approximately 2 mile up Honorable James Y. Arakakt, Chaznnan and Members of the County Council Page 4 Halepueo Road, a pnvate 12-foot wide gravel road within a 40 feet right of way Access is from Moani Road (also known as Kapoho Beach Road), a Cotinty clop seal road that is paved with an approximate pavement width of 26 feet, then titnung onto Ililant Road, a 15'-3" red cindered pnvate road within a 40-foot nght-of--way The Ililant Road/Halepueo Road intersection is located 3 of a mile from Moani Road In addition, road muntenance fees aze collected to mazntain the extshng pnvate roads As such, the existing gravel roadway is adequate to accommodate the proposed rezoning. Water is presently not available to the subJect property However, according to the Department of Water Supply, water can be made available to the extshng lot of record from an extsttng County waterline on Kapoho Beach Road which is approximately 2,600 feet southwest of the subJect property. To require the applicant to hook up to the County water system would be cost prohibitive and not be a reasonable requirement Especially in light of the fact, that the applicant is aslung for entitlements that would have run with his property when it was onginally approved as a subdivision. Approval of thus request would bung this pazcel in conformance with existing agncultural lots within the Vacahonland Hawaii Subdivision. Therefore, in this particulaz situation, the requirement that county water be available to the pazcel prior to rezoning the subJect pazcel will not be applicable and the applicant will not be required to connect to the County water system Wastewater generated by the proposed development will be disposed of utilizing a septic tank system meting the requirement of the Department of Health There aze no telephone or electrical lines. The Department of Land and Natural Resources-State Historic Preservation Division (DLNR-HPD) recommends that the applicant consult with the Historic Preservation Division, Department of Land and Natural Resources to verify that the property does not contain any azchaeological, cultural or historic sites. However, a site inspection has verified that the property has already been selectively cleared and gravelled Finally, other agencies had no obJecttons or comments to the proposed request Based on the above findings, approval of the change of zone request from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a) zoned district would result in an appropriate land use pattern that will further benefit the general public For your favorable consideration, an amendment to Section 25-8-22, the Puna District Zone Map of the County Zoning Code is transmitted Honorable James Y Arakalu, Chau-man and Members of the County Council Page 5 We aze enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Geraldine M Cnffin, Chairman Planning Commission LIeo02PC Enclosures cc• Mr. Joshua K. Leo Department of Public Works Department of Water Supply Depaztment of Land & Natural Resources Kazu Hayasluda, Director/DOT-Highways, Honolulu BIeo1K01 eu-11/20/00 COUNTY OF HAWAII PLANNING DEPARTMENT BA .K =RO ND F.pORT JOSHUA K. LEO CHANGE OF ZONE APPLICATION (REZ 00-0171 JOSHUA K. LEO has submttted an application for a Change of Zoae by changing the dtstrtct classification from Open (O) and Agricultural (A-la) to Faintly Agrlcultural (FA-2a) for approxunately 3.232 acres of land. The property is located in the Vacanonland Hawan Subdivision on the northeast side of Halepueo Road, Halekamahina, Puna, Hawaii, TMK• 1-4-73.27. _ .NF.RAi.1NFOR_MATION 1. Land Ownership: Joshua K. Leo is the fee simple owner of the subject property 2 Tax Clearance: A tax cleazance from the Real Property Tax Division indicates real property taxes have been paid until December 31, 2000. APPL.ICA_NT'S RF.OLTFST 3 Request: The applicant is requesting a Family Agricultural (FA-2a) zoned designation on the subject property in order to construct a farm dwelling. The approval of this request would also bring the subject property into conformity with the majority of the Vacationland Hawaii lots which aze zoned Agricultural (A-la) and aze buildable lots 4 Supportive Information: The applicant has submitted the following in support of the request (See Exhibit A -Change of Zone Application and attachments dated September 7, 2000) STATE AND COUNTY PL.AN4 5 SLU: Agricultural. Prior to 1971, this and several other properties within the Vacationland Hawaii Subdivision were designated Conservation. The State Land Use boundazies were designated in 1964 after the Vacationland Subdivision (1962 and 1963) was established At that time, the subject property was split between Ute State Land Use Agricultural and Conservation District as were several other lots along the northern corner of the Vacationland Hawaii II subdivision. The State Land Use Boundary lures were drawn using the Halekamahina land division as a dividing line ~_/a SC,9~~/ 9~~ PC without consideration of the subdivision Because of the Conservation designation, when the Zoning Code was implemented in 1967, these parcels were placed to the Open (O) zoned district for consistency However, in 1970, Vacationland Associates applied for a State Land Use Boundary Amendment with the State Land Use Commission to reclassify these pazcels (or portions) from Conservation to Agricultural to be consistent with the remainder of the subdivision. A majority of the subdivision was within the State Land Use Agricultural district with an Agriculttual (A-la) zoning The State Land Use Commission approved the request on February 26, 1971 as no sigmficant Conservatton chazacteristics were inherent, the azea was contiguous to exiting Agricultural District and they found it justifiable to remove the split designation on the properties within the subdivision The County zoning, however, remained Open (O) and was not changed at that time 6. Genetnl Plan Consistency: Agricultural and Land Use Elements goals 7 GP LUPAG Map: Orchazds 8. Zoning: Open (O) and Agricultural (A-la). A majority of Uie property is zoned Open (O). The zoning designation of Open (O) was imposed in 1967 to conform to Uie State Land Use Conservation District designation, of which the pazcel fell into at that time. The Open (O) zoned district does not allow for the development of a residence on the subject property. Approximately 23 acre of the southwestern corner of the subject property is presently zoned Agricultural (A-la). The applicant's request to rezone to a Family Agricultural (FA-2a) zoning designation would allow the applicant to construct a farm dwelling in the currently Open (O) zoned azea of the pazcel and to have one zoning designation instead of being split zoned. Further, the Depiirtment no longer utilizes the Agricultural (A-la) zoning designation. 9. SMA: The property is not situated within the Special Management Area (SMA) and is approximately one mile from the neazest shoreline. 10. Vacationland Hawaii Subdivision: This subdivision was created in two increments. Increment I secured final subdivision approval by the Planning Duector on May 29, 1962 for 218 lots approximately 8,000+ squaze feet m size, that aze presently zoned Single-Family Residential (RS-10). Increment II was approved on 2 December 19,1963 for 83 lots approximately 5~ acres in size, with a majority of the lots zoned Agnculmral (A-la). The subtect parcel is a part of Increment II, which was created before the State Land Use boundazies were established 11 Rezoniags in Vacationlaad Ilawau, Unit II: A Leigh Hilbert (REZ NO. 918): Leigh Hilbert requested a Change of Zone from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a) for TMK. 1-4-73 18, dustily adtacent southeast of the subject property. (Although a State Land Use Boundary Amendment was approved for several pazcels in the area from Conservation to Agricultural, the zoning was not changed.) Mr Hilbert was in a siniilaz situation and also wanted to construct a dwelling on the property With the State Land Use Commission approval of the boundary amendment from Conservation to Agricultural on February 26, 1971 for this parcel and several others, a basis was created for Agricultural zoning. The County Council approved Hilbert's request, effective July 16, 1999, as the use would be consistent with the original intent in the creation of the parcel, be in conformance with the General Plan and State Land Use District and adjacent zoned uses. B. Michael L. Smith (REZ NO. 696): Michael SmiUi's request for a Change of Zone from Opea (O) to Agricultural (A-Sa) was approved by Ute County Council and became effective on October 24, 1991. Both pazcels are within half a mile of the subject application. nFSC1tIPTION OF PROP .ATY TARO IN . RF.,?c 12 Subject Property: The subject property is located within the Vacationland Hawaii II Subdivision. It is arectangular-shaped lot that has been partially cleared and gravelled. There is a driveway consisting of red cinders and an 8'x16' garden shed on the property. Portions of the interior and the surrounding borders of the property aze still in its natural state with ohia trees, ferns and shrubs. 13. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the protect site as Malama extremely stony muck (rMAD), 6 to 20 percent slopes This soil consists of well-drained, thin, extremely stony organic soils over A'a 3 lava These sods are undulating to rolling. The surface layer is very dark brown, extremely stony muck about 3 inches thick. Permeability is rapid, runoff is very slow and the erosion hazazd is slight. Ttus soil is used for woodland, pasture and orchards 14 Laad Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity. 15 Agricultural bands of Importance to the State of Hawaii (ALISH) System: Soils within the subject property aze classified as "Other Important Agricultural Lands" by the ALISH System, which includes lands other than Prime or Unique agricultural land that is also of statewide or local importance for agricultural uses 16 FIRM: The subject property is located within Zone X, azeas determined to be outside the 500-yeaz flood plain 17 Lava Flow Hazard Zone: Zone 1. The U.S. Geological survey has categorized the island into nine zones of compazative hazazd rates from lava flows, with Zone 1 being the highest and Zone 9 being in the lowest severity of hazazd. Zone 1 includes the summits and rift zones of Kilauea and Mauna Loa where vents have been repeatedly active in historic time. 18 Surrounding Zoning/Land Uses: TMK• 1-4-73:26 across Halepueo Road and TMK. 1-4-73:19 adjacent on the southern property line aze both zoned Open (O) and Agricultural (A-la). TMK: 1~-73 2 located on Ililani Road to the southeast was rezoned from Open (O) to Agricultural (A-Sa), effective October 24, 1991. TMK• 1-4-73.18 also on Ililam Road to the east was rezoned from Open (O) and Agricultwal (A-la) to Family Agricultural (FA-2a), effxtive July 16, 1999. There is an open building permit for a dwelling on TMK: 1~-73:26. Immediately to the south and the southwest are Vacationland Hawaii II lots which aze zoned Agricultural (A-la) and approximately S acres in size. Further south lie Vacationland Hawaii I with lots zoned Single Family-Residential (RS-10) and ranging approximately 8,000-9,000 squaze feet in size. The Kapoho Beach Lots subdivision to the southeast is zoned Single-Family-Residential (RS-10) Surrounding uses include a few residences. There is a lazge 140-acre pazcel bordering Vacationland Hawaii II to the north which is zoned Open (O) and within the State Land Use Conservation District. 4 Pi .I .RVI .S/FACIL.ITIF.C 19 Access: This pazcel is located on the right, approxm~ately 2 mile up Halepueo Road, a 12 foot wide pnvate gravel road within a 40 feet right of way. Access is from Moans Road (also known as Kapoho Beach Road), a County chip seal road that is paved with an approximate pavement width of 26 feet, then turning onto Ililani Road, a 15'-3"red cmdered private road w?thm a 40 feet right of way The Ililani Road/Halepueo Road mtersecuon is located .3 of a rmle from Moans Road. 20 Water: County water fines run along Moam Road and end m the vicinity of the Moani/Ililani Roads intersection. Accordmg to the Department of Water Supply, it is approximately 2,600 feet from the subject property 21. Wastewater: According to the Department of Health, a septic tank system would have to be installed. 22. Other Essential Utilities and Services: There are no telephone or electrical lines to the subject property AGENCIES' COMMENTS 23 Police Department (October 9, 2000 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 24 Real Property Tax Office (October 4, 2000 Memo): "Comments from the Appraisal Section: There aze no comments at this time. Status of real property taxes: Current." 25 Department of Healtb (October 6, 2000 Memo): "The subject lot is located m ffie Critical Wastewater Disposal Area where cesspools aze not allowed because of water pollunon concerns. Any development on this lot would require all wastewater be disposed into a Septic Tank System." 26. Department of Transportation-Honolulu (October 18, 2000 Memo): "Not Applicable" 5 27 Department of Transportation-Hilo (October 18, 2000 Memo): "Not Applicable" 28 State Land Use Commission (October 23, 2000 Letter): "We have reviewed the subject application as transmitted by your letter dated September 29, 2000, to change the zoning for the subject pazcel from O and A-la to FA-2a located in I{aphoho, Puna, Hawaii. Based on our review of the subject application, we have the following comments 1) We confirm that the sublect pazcel is m the State Land Use Agricultural District 2) We also confirm that the subject pazcel was part of approximately 24 acres reclassified from the Conservation to the Agricultural District under LUC Docket No. A70-267/Vacationland Associates. 3) We recommend clazification if the Applicant consulted with the Historic Preservation Division, Department of Land and Natural Resources to verify that the property does not contain any archaeological, cultural or historic sites " 29. Department of Public Works: (October 27, 2000 Memo): "We have reviewed the subject application forwazded by your memo dated September 29, 2000 and have the following comments. 1, All new building construction shall conform to current code requirements 2 All development generated runoff shall be disposed of on site and shall not be directed towazd any adjacent properties. 3. The subject property is located within Zone X according to the floor Insurance Rate Map (F1RM) and by the Federal Emergency Management Agency (FEMA). 4 Any earthwork activity, including grading and grubbing, shall conform to Chapter 10 -Erosion and Sedimentation Control, of the Hawau County Code 30. Department of Water Supply (October 12, 2000 Memo): "We have reviewed the subject change of zone application and the water availability m this azea is such that none is available for change of zone applications that would Omcrease the existing density However, as there is no increase to the existing density, water for one dwelling on the subject parcel is available from an existing fl- inch waterline located in I{apoho Beach Road, approximately 2,600 feet to the southwest corner of the subject parcel. Our records also show that the subject pazcel does not have a water service with us " 6 AGENCIES - NO RESPONSE 31 Department of Land and Natural Resources-Land Division, Department of Land and Natural Resources -Historic Preservation Division, SHPD, Department of Agriculture, Fire Department, Natural Resources Soil Conservation. COMMUNITY COMMENTS: 32 Vacatioaland Hawaii Community Association: No comments received. 7 CHANGE OF ZONE APPLICATION cooNTY of a.~wali PLANNING DEPARTMENT - ~ . _ (Type or legibly print the requested information) - - `i' Fes: App~C,~; Joshua K. Leo ~ ' APPLICANT'S SIGNATURE: G~G~"~"`_/~"~ DATE: 9/7/00 ADDRESS:- P.O. Box 1675 Pahoa, Hawaii 96778 LIST APPLICANT'S II+TfFRFST IF NOT OWNER N / A LLST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N / A PHONE:(Bus.) 936-2568 , (Fu) LANDOWNER(S); Joshus Leo, Andrew Leo, Patricia Leo LANDOWNER SIGNATIJRE(S~: TE: ~ LANDOWNER(S) ADDRESS: P. .Box 1675. Pahoa, Hawaii 96778 ~QUFST: Open ~ t} - 1,.~. Tp FA-2A TAX MAP KEY: t (3) -1 - 4 - 73 - 27 ~70p°~ ~ STREET ADDRESS OF PROPERTY: • Halepueo Road, Kapoho Farm Lots SIZE OF PROPERTY OR AFFECf® AREA(S) TO BE REZON®: 3.232 acres AGENT: N / A ADDRESS: TEI.EPHONE:(Bus.) (Rrs.) (Fax) Please indiate w whom original corr~espondeace am copies should be sent. ORIGINAL: Joshua Leo COPIES: (see Instructions on Reverse side) eXHl~li . ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION POR 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? If Yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. If your request is approved, approximately how long after the date of approval do you expect to submit your aubdivieion plena to the Planning Department for preliminary approval? d. Do you intend to build housee on the newly created lotsT 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 aubdivieion, mould the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of sons application form. 2. if you have no firm plane of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plane? b. Sell or lease the land to someone who has tentative plansT c. Sell or lease the land to someone who has no plans? ~O d. Keep it? x e. Other (please state) 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 [o another party. 3. Do you think that your request and your further plane for the land will alleviate the local housing situation? How? 4. Are there any buildings on the subject area? ` Fi If so, what kind? Q RuN sows S'Y ~6 SPIED TJPE S1~~CtVt~~ N~ f?iND~af + ~~,eEE+u$ What do you intend to do with those buildings if your request ie approved? ~/SE /T /iS A 9'.hcit.~ Sid 5. Is the subject land currently being used for any agricultural activity? If so, please list the kinds of products grown and on how many square feet or acrae of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? ~ If so, did your plan include the following conaideratlons? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- ' d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plane for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge. has there been any flooding and/or drainage problem on the subject area? ~ If eo, 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? if 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yee No a. Schools b. Roads ~ c. Sewer d. Drainage -3- Yes . N/o e. Police Protection f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other For those checked "yea," please elaborate abet type or kinds of improvements and/or aseietance are needed. Signature: Address: .C~• Ox' ~ ~ S ~ 4~T~ Telephone: ~ L ~ Z5` 7 Date: ~ 3 l O O -4- -BACKGROUND AND COUNTY ENVIRONMENTAL REPORT- For rechwification from `OPEN' to `FAMILY AGRICULTURAI.-2a' Petitioner: JOSHUA K. LEO TAX MAP KEY (3)1-473: 27 A. SUBJECT REQUEST: I, JOSHUA LBO am requesting a rezoning of my property from the present desigmtioa of `Open' to `Family Agricnltaral' or`FA-2a'. This property i. lot number '64' of the VACATIONLAND HAWAII, UNIT II asap, as on file with the Bur+ean of Conveyances of the State o! Hawaii (I+1k Plan No. 920). • The request is to bring this lot into conformity with the majority of Vacatiodaad 3abdivisioa Lob (zoned AG), whkh include a various miz of brmiag and family residences. Thb would therefor allow me to build a faatily dweWng for my priocipk residence, aed become an on site member e[tre Vaeatloah?ad Association Community. • The bt is3.232acres. The County Plandag Ikpartmeet suggested my request for the FA category m the mast appropriate for this situation. • - I plan idtially to utilize about an acre of the NW side of the property for a bdldla~ site and very small con-commercial orchard. • The home I pines to build is a moderate 2-bedroom family home built respecting all codes and guidetlaes of State or County. I have ao blue prints for this as yet, jest sketches, as I will be waidag for the outcome of this mdsg request Srst I may ah?o be coastractiag a smell o6aaa in years to ooae. • I wW begin bdlding on the property as soon as possibk upon find approval of this rezodng request I have no firm costs for these things as of now, bat woahf ezpect the deariag b be approsin.ately 54,000, sepde,S3,00Y, power~3.000, others 4,000, with bask house at aroaad S4 !or a rough estimate toW of 554,000. Roads b the lot are private (Vacatiodaad Association) and are well maiataloed (all aommunlty members pay aannd daces for this • There are both `HELLO' powerpoks and telephone book op on the road appeozivatidy !!YY feet from the S.'w. corner of the lot • County Water is available 1 B. CONFORMANCE WITH STATEICOUNTY PLANS: • State Land Use lkeigoation: Agrkaltural • General Land Use Deeigmition: Orchard • County Zoning: Agricukurai and Open • Community Development Plan: The lot ie part of the Itapoho Vacatlonland Hawaii Association Subdivieiou • Special Mana=ement Area: Nat within ose • APP~~ Wa~P~ and objectives o[ the General Plan: The orderly development o[ a~rieuitoral lands that border on, or contain within them, residential and/a~r farm dwetling commueities. • IN SUPPORT d this resonia~ appi'kation as it pertains to the above btlkted reading, it wo¦Id be very benei3eial b atl involved >n read the fellowi~ eaeerpt. from a rehiMd Bachgroand Report and subsegoent Iteoommendatiosr. These e~oerpte are from the change of none appikatien i71es of Mkrael Smith, and Leigh Htlbert who have lots near to the aeie V thh rewateg apptlcatlon and was ht the euct same zonieB paeitlon in 19li. Relhr b attaered maps for a quick overview otT atl the+ee appi'kanb bt Iocatlom. ,(T11~'s 1-4-73-:02 :18 and :27.) The foYowing esoerpb waro compiled by tTre Comtty at[ Hawaii Planniq Deputment in respoese b Michael L. Smith's eltaage of zD~ appltation 91-1, on tfiRSl'91: TM aplitse~t,1lliad 8aeid, !a a el<a~a etsee?e !ee S.0 am~es at lend bera as Olen tr ast igdeahad~ amr p48ea aos?ed dtat:;at. The peepesy d leeeeed aPpseidmaMy 1 anW etet a[><atn~lap>so Road, wMlila tw •aeelienllend Rkwetl let~defea, IIafe II, >ialaioarl~lna, lmla, TiMi: l~-la~K.° M-~l.~~ao~atlaetLad aawati IIsit a sabdivlsioa, oerdstl~ o[ 81f/- aaaa ids, was gaaaeed Baal sahdblsion eAaval is Itlq. tla>~lelea appsewd wa le~ead wltrtlea pswYeas brat eidawalb and eaoass aMd not >m aeaAnrolad and thee wade maT M aaaslanoled w!~ as ei>Mtweeed snsiaoe. >rnneeaada been t>Ve >flastalsR nhaeees b tLe lfaantaR Caembdea, daMd feBAesoMe 8 eat Oeeehes I1,1N3, deeodbed the use of t~ lets ae'.' Rt tin thse tM tltetbe lead IIN Dlalslat beandasMs weee eetahllshal V 1lN, a postlaa a[the Taaetlenlasd aawali nhdttldoa, iaalndh>! the eetbjeat le~ape:ti, wan tlawd is the tlleee 1rM IIr Ceneeavetles DMslat. Thu neaDaladee at'tLa ahdivlalan wes plaoad is tlw nLhieR. Thu bvaadasy Letwr•a tb Rgd~ee and tL• CrasesvaUea dtelelets was alabliahed along the somtL•m booada~ of 2 "the 1lalekasnahtaa ahnpaa'a, which passes threayh a po~ios oithe sobdidsion. 3. Zhe eabieot prepesy was soled Opq ii 1t~Y passaaat to Ordiaaaae PIo. 111, which adopted the lost Dlet:ict Lone >YLap. ?he beasda~ asthe Opsa soled dbtsld followed the !tats I~sd IIse Coasestatloa Dlstslat beasdan. t?a Febtaa~ Eta, lp'il, the Lasd Vp Cemsmissias appseeed a Etste Irad Vse distslet Leoiaep aadesda~est wltasitted >rp IIaostlealsad dwecLates tYonn the CesssraYos to tie)Lpdoaitasal DLtssot te: a t,4.ame ant o[Lad withla the VaostisaTaad >~aw•tl se3+dMsioa, iaelsdiap the l~T• !ie tibM Tsai Va Gmmsiseieaappso~ed the hoasdssp asasadarsnt >tassi oa the stilLwls~ Ssiiap: '1.'1'i.t tlw Y.stl.alsad >fawisii, Veit >z, sahdielalea, w>deh the sahJeat paewis ass Lo~Aed was leasnhd appsoeal !or asooadatlot polls to the estshtlshonal e[tre title Trai Vse iisl>3at beaaiaiies. wisstitY title trsai Vss ils/ds! hsoisdss wale estaitifahed is isflast e[ 1tiM, t>te lals>faa~a111at Lai itdsisa hsssAstF was ssei b eslalalsh the Iles hatwssa the i~pdaaYasd tad the Caaseee'afMa nistdols.'lhls Ilse billets se~Mlsas e[tie eadstlap wMltlsisa lab t<tewi/ sswlllap is sates lets hadap twe lute 1W Vsa ilstslat daeriteMMas. Taal the paatlap etthe asreaiM i~loaltasai tea. weals sesalt is a east sVpsepsls/e Latlsas t~ y'! er laced ale aeeas*Yea tlaea~wt bs aAfsotad Lb. s. That u. paal~ aLrie asasaded dea/pe~ we.la aet be aaedasMtal if tM ea~lstlap c...es..tlat nlatsiat hF srsostap as asaa aewesssp tss ttre pasMollsa e[welssshsi ssi webs soasoes, eoeais assts, pailaais, aad~rsc eels, widatt ass tslaaded to sVhaU t1e eeasspt eiasowerdlea Leis. s. !Lt fate area sagsesNi is ire s is a!ostlgaeas b as esisYst ipdeaYassl asst tai 1rt the paepossd asaaio~ss/ is rsassaallL tai firrfma>tis to wessot tie twe disldat iasl~astioas pmessaets erdstlap as t1a ns/sat passels."' i. 3ti 1sy*sst attlls sa~aast, the sAllwat has stoles: `This pasvel was asil6r~ tattles to as awe aiewed'~oas~ssssatisa^ b7 the titste lead VM t7aaadsslsa. 5 lfil firs elessllaslles was araaled to IIgrfaa>tiw, iswwas fate CwalF "Opsa° s»aiap, thsea'h eeasdght as 3 ('Pitlo pago}: COVi1T! O!' SaW>ZII pLil~iifII~(G DEPE>ti'MEN'! =1iC01t~fDSTION AOC81[E[. flltz'PS Cilili~ Or ZOlME ~PPl.1[`.=?lOlf ~1-j„(i/!d/!11 "Vpoa sa~Nw oltia rNwt. tb planning Discolor fs sros:nsnaadfap flat It Ursa fnosail~ aeasldaraflon." {iafa tws lass's. 1 ~ flfaaith'}: "lira sesipoNi ohas~s s[ aaati >s oosvtstaat wlfi the t;aaaral Han aced the flips Laced Qso Law. i Tsai a[rice Lad IIso Lbaosa~t dths t3aaasl >Kaa L to'Dasl~aata aced aloaata ]aced s~sas b appsopstab psspeetisa~s aced safx d is haapis~ w!!h 7>M ssatd, oa~l, aced ptie~alaai ~1rMalatif s[t>ta C~wa/f.' !ice asaaral place shins fiat 'Zwtap ragassh sha11 In swlswad wl<ti a~staef M ~iaa~asai >yaa dsdpaatlaa. dlshiot gatb, sMloaal plans, fhb Laced IIN Dishdat, aewtth a~aowt aaasrd ~M. a[pahlio as~iaw aced ~tlltlaa~ aeoaw, a¦d pahfla aaad.f° "!hs pascal was asaatM ~ lfq a• aa~ at d3 S+/~vrs lots wllh tLo iataaot tint i weaid l~ avail it agisaUasal paspesN. Tice Opaa aoatap dsai~lsa was aiaftall: lff7 to awf ~w wltf tic aswlf adeptad Rata lyd >rsa f~sawnaWa DI~Rr1at isdpsiiitloa. >h 1fZl fin fhb Laced IIN Caslamisdaati (ftA~7 appss~d ~ anlaad~saaa ettM flats Lead IIN Dlslsist MoiarT Luna Gasa~afiw N ipdaallasal. Tice fLf'C dstsastasd fiat tis aassadaat b aa>ydev/saai Dis4dot woala sasoit b a srress ypa+spdsta land ass polssa. Thasi fhs irsa aasdap wo~id bs aoaditat wlti tha sdpLailayart tsstha oaraWa s[tha pasoai~ tis tisaasal pins d~aaflaa, fin flab Laced Vsa dlstskt, aced with a~aosat soaadtuas." {papa th~N. par.f-'fsatfh'}: "Tice prapoNd sr•ntaD V oaadstgt with goals and polloias ottho iSq~doallarai Namsat s[ths fiaaasal 17aa witch statas'ldsatlfyr, prataat aced saaWafa lsapestaaR a~aual >aads as tha island a[>lawail' aced ~Das~a1-Mpia Mt~siaparaats, s~ as aaw sma11- saab rasai eesasadtlas ar aai~¦slaaa d aodsllap sisal ommasaitlas, sha11 iw aatsa~asapad fa gpraldab iowtlaas.'*(VffJfl) 4 Extxrpta [rom COUNTY OF HAWAII PLANNING DEPARTMENT RECOMA4ENDATI(1N LEIGH R. BIII.BERT t''-HANG-E OF 2.ONF A_PPr_.ICATION iii 99-004) " Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommerding that a favorable ra~ommeadation for a Change o[ Zone request from Open and Agrlcaltaral (A-la) to Family Agrteultaral (FA-2a) zoned diatrkt be forwarded to the Coma Council. This rcoommendation does not, however sanction the specific plans submitted with the application as they may be subject to rhanee given the specific code and regulatory requirements of the afC+xted agerries. " The snbject parcel was created in 1963 as one of 83 - 3~acre lots with u,.. infest that it would be used for agricultural purposes. The Open zoning designation was adopted in 1967 in conformance with the newly-adopted State Land Uae Conservation District designation (1964). The State Land Use Boundaries lines were drawn using the Halekarnahina land division as the dividing line without consideration of the subdivision. Aa a result, this and several other parcels were phuxd in the Open zoned district for consistency. In the 1971 State Land Use Commission (SLUG) approved Vacatlonland Associatea's request to amend the State Land Use boundary from Conservation to Urban. It was determined that the bormdary amendment to an agricultural district would result is a more appropriate lead use. S~tbsegtrently, in 1991 Michael Smith's regneat W rezone T11HC: 1~-73:2 to Agricariural (A-Sa), located east and across the at<eet from the subject's, was telAaed by the County Council. The request was approved as the use would be consistent with the original invent of the creation of the parcel, be in conformance with the General Plan and State Lam Use District a~ adjacent zoned uses. Approval of this request to chauge the zoning of the subjecx parcel from Opea and Agricultural (A-la) to a Family Agricnitnrai (FA 2a) zaaod dietrkx will conform to the following goals, policies am ataadatds of the Geaaal Plea Land Uee and Agriwidual Blements: 5 vea,~ua[e and allocate land uses w appropriate proportions and mix and m keepmg with the soctat, culture! and phystcat environments of the County. o Zoning request shall be reviewed with respect to t,,eneral Plan designation, district goals, regional plans, State land Use District, compatibility with adjacent zone uses, availability of public services any utilities, access, and public toed. o The oompadbiliry of agricultural and non-agricultural uses should be carefully reviewed a~ where appropriate, buffers required. o Rural-style residential-agricultural developments, such as sew sarall- scale rural oomtIDmitiea or extensions of existing Waal oommtmities, shall be eacoaraged in appropriate locations. o protect a~ encourage the intensive utilization of the County's important agricultural lands. o The coumy shall encourage the development and maiatenantx of communities meeting the needs of its residents is bala~e with the physical and social environment. o Agricultural land shall be used as one form of open space or grin belt. The proposed rezoning would bring the subject parcel into conformance with the existing Agriculture! zoned propaties within the VacationL~ Hawaii Subdivision As the existing Open zoning designation applies to arras that oontribate to the general welfare, the full enjoyment or the economic well-being of open land type uses, the applicant would be prohibited form constructing a dwelling with the presort zoning. When the State Lad Uee Commission approved the State boundary amendment From Conservation w Urban, it was determined that m significant Conservation characteristira were iahereot and the subject lands ooald be removed sad Juatifubly placed within the State Lad Use Agricultural districx. Lea adjacent and to the earth. west and east of the subject property are zomd Open sad range from 3-3 acres in size. The exception, is TMK: 1+73:2, which wet rezoned from Open to A-Sa effective October 24, 1991. The subject property is in the Vacationlaad Hawaii Subdivision Increment II which is zoned Agruailtural (A-la). Therefore, livorable recon~endation of this change of zoo regtteat will be oonsiatent with the surrounding land use pattern already established within this sabdiviaion. A. sack, the o[ the proposed rue will not advendy af[eet dmifar or rehired ez<sting uaec wlthln the sorroandlog area, aommaniq or radon. 6 FURTHER SUPPORT for my current rezoning application lies in e=oerpts from the Coanty of Hawaii's Planning Departments approval o[ the rea,onina regaeat oi' Lehi6h Hilbert, 099-004, on 3!30%99. COUNTY OF HAWAII PLANNING DEPARTMENT BACKGRO FPURT LEIGH R. HILBERT CH_AxC-F OF n1VF. PPL•I ATION F7 99-004) LEIGH R. HQ.BERT has submitted an application for a Change of Zone by changing the district classificaoion from Open (O) and agricultural (A-la) to Family Agricultural (FA-2a) for approximately 4.88 acres of land. The property is located in the Vacatioaland Hawaii Subdivision on the southwest side of Dilani Road, Haleltamahina, Puna, Hawaii, TIV1K: 1~-73:18. 5. SLU: Agricultural. Prior to 1971, this and several other properties within the Vacationlaad Hawaii Subdivision were designated Coneexvadon. The State Land U s~ Boundaries were desigmted in 1964 after the Vacationland Subdivision (1962 and 1963) was established. At that time, the subject pmpetty was split between the State Lead Use Agriwltural and Coaseavstion District as were several other lots along the northern wrner of the Vacatiianland Hawaii II subdivision. The State Land Uae Boundary lines were drawn uaittg the Hslelmmahina ]sod division as a dividing line without co®sideratiom of the subdivision. Because of the Conservation designation, when the Zoning Code wan implemented in 1967. these pattxla ware placed in the Open tuned district for consistency. However, in 1970, Vacatioola~ Assaciatea applied for a State LaM Use Bouudary Amendment with the State Land Use Commission to reclassify these parcel (or pordons) from Coneavanon tu Agricultnral to be consistent with the remainder of the subdivision. A majority of the anbdiviaion was within the State Lead Use Agricultural district with an Agticvltutal (A-la) tuning. The State Land Uae Commission approved the request on Febtuary 26. 1971 as ao significant Conservation ~ were inherent, the area was coutigaous to existing Agricultural District and they found it jastiftable w ttmove the split designation on the properties within the subdivision. The Coutuy Zoning. however, remained Open a~ was not changed at that time. 7 More ezerpts from Hilbert rezoning approval. 11. Michael Smith Rezoning: Michael Smith requested a change of zone from Open to A-Sa for TMK: 1~-73:2, dit~ectly east and across the street from the subjetx pt+o~perty. (Although a State Land Use Boundary ~~mM* was previously approved for several parcels in the area from Conservation to Agricultural, the zoning was tat changed.) The Smiths were prospective 6ayers and wanted to oonatruct a dwelling on the property. With the State Land Use Commission approval of the boundary amendau;m from Conservation to Agricultural in 1971 for this parcel and several others, a basis was created for Agricultural zoning. The Cou~y Council approved Smith's request, effective October 24, 1991, as the use would be consistent with the original intent in the creation of the parcel, be in conformance with the General Plan and State Land Use District and adjacent zoned uses. AGENCIES' COIVIlI~ffi17'S 23. Pollee Department (February 18,19!9 Meaoo): "We have reviewed the change of zone appliatian a~ have tw commems or objections to offer at Wia time." 24. Red Property Ta: ORke (February 12, 1999 Memo): "There are ao comments a< this tune. The property is Classified a~ vahted sa Agticultnrd for aaeesament parpoaea. Status of real property taxes: Current." 25. Departa~eat of Lad and Nadad Ret9atQOe-Lad DhLdon (February 21,1999 Letter): 'We have reviewed the subjetx appliation a~ have m oa®ments to offer regarding the matter. Thadc yon fm the apporhmity to review the application.' 26. Departmrt o[ Health (February 18, 199! Memo): "The subject lot is located in the Critical Waatewaer Disposal At+ea where onaptwls are not allowed because of water pollution oontxrns. Atry development on this lot would require all wastewater be disposed into a Septic Tani Sysoem.' 8 27. Department of Traasportatbn-Honolulu (February 12, 1998 Letter): "Thank you for trsatmittal requesting our coauaents on the subject application. The project zoa change will na impact our State transportation facilities. We appreciate the opportunity W provide cAmmeots.' Department of TraasportaHon-Hilo (March 15, 1999 Memo): "Na Applicable" 28. State Land Use Cotnmtssion (February 17, 1999 Letter): "We have reviewed the subject application transmitted by your memorandum dated February 9, 1999, and confirm that the :itbject parcel ie deaigaated within the State Land Use Agricultural Districx. We also confirm that the subject parcel was part of the spprozimately 24 acres reclassified from the Coosavation District W the Agricultural District under LUC Docloet No. A-70.267/Vacadoaland Associates. We have ao futtlier commeats to offer at this time. We appreciate the opportunity w comment on the subject application. Should you have say queaaoav, please feel free W call tae or Bert Saruwatari of our office at 587-3822." 29. Departtent of Pablie Woelu: (See Esi>m[t B - February 12, 1999 Memo and Appiliant'a Reapoaae dated Marro 3, 1999) 30. Department of Water Supply: (see EzhlbE C -March 1S and Marro 18, 1999 Mama) 31. Depattmeot of Laced sad Natural Resaarcea -Historic Preservation DMdon: (See Esisibit D - February ?A,1999 Letter sad Applicant's Response dated Mssrh 19,1999) 32. Vacatlodand Hawaii Commamity Aasodatbn: (See Eshibit E -Applicant': letter dated February 26, 1999 and Associathaa'a Letter of Response dated March 5,1999) AGENCIES - NO RFCPON3E 33. Department of Land and Natanl Resources-Land Maaagemrst, Department of Apure, Natural Rsaoarcaa Soil Coeaer~atiou and BELCO. 9 C. PHYSICAL CH_wA4CT~RSTIt_'S A_r?D T~r?VigONMlirl7'AL SETTING OF PROP>i:BTY AND SURROUNDING A_AFw; - 8) --The property is located approihaately l mile northput et Kaimu- -I{apoho Road (Hithway 137), within the Vacationhnd Hawaii Subdivision, Unit D, Hakkanathiaa, Pam, TMK: 1-73: 27. The property lot is rectangular. in shape . The Property is undeveloped sad ib enteral state besot A'a mounds and pinta dvarions sizes with np and downs throeitheut, varytnt iu heitht difterence d up to 1S feet There is a general coveri~ of Ohio tree d ap to 6 snobs in diameter. A tow Autograph tree, feraa and shr¦hs color np the tronad cover. The sail b wry thin ar sbsent altoptier. The average snsaal rainLH is 60 to 80 inches. 9) The property is within the Lava Heard Zone #1, the highest rating. 18) The property b located 1800 feet wet of the ocean. 11) The Apienltnral Lads of lmporbnee for the Mate os Hawau dealpatlon b "Other 1[aeportant Apicdtaral Land" 12) Tie U.S.D.A Natural Raorrees Conservatbn Services Soil Service Report types the soil as "1VLhea eihemely stony mach (rMAD~ 13) The Laud 3tn~ Hareas sail rathtt is "E", or very poor. 14) The >E1eei I¦snrsjna Rate Map isiteation is "Zoee X, oablde the St+0•year Sood phn. 15) The dstlnt drainate ways are •Natvral'. 16) The Air /¦oie and water gsaBty aro all `esoeilent'. 17) Thera are no daeaseated ar~ehaeolotieal, eaitnral or historic sites oa the Natioaai Ra/isbr or the Bawsii Retister for tM Property tA) Than an no documented natlw or exotic plants on the property that in any way Ileted or canidate for endangered epeciee. t Thera are no accuse or aoasbl neemra oa the property. 20) The aerial asttleaeat patters for tfte area rashes fi+oa ssaN orciard/er+ehid firms b reeideathL The bade inmediate}i+ sarronnding the wbjed property an two 5-aex+e lob, both vacant and both (zoned bath A-L sad Opea~ One L aerws the r~nad to the west, the other terser on tie subjects property to the south. 2t) The ecoao~k rsaoaz+ea d the ana are orchards sad orchid firms, a troll drylnp buelneee end mieoetlaneoue other. Ths had vdaa presently range tYnne S~O,OM to 500,000 for vacant lands and apwarda t+or dweloped portlone. 23/24) The finds bordetint the northwest and northeast rids ors a vast area of A'a hva, the 1960 ICapob flow, (coned OpedCoaervation). The finds is teaeral beyond are as fo0aws: To the northwest lie Kapoho Beech L,ob sabdivbios, (zoned Rg10). To the southeast and wrst lie the boll ~t the Vaatlonhnd Hawaii Subdivision containing approzimatsly 78 lob abort S acre each, both ra~lenthl sari atricoltaral (zeaed AG). Te tM North/aortiweet lie the 1l60 h~a t!m? sad Cape Ko~akahi. O' D. PUBLIC FACQ.ITIES AND SERVICE: 2$. Access to the property is from the private Kapoho Beach Lots road via a 2,600-loot length of unimproved (cindered) private roadway within a 40-foot right of way; (see attached legal aeoess rigl~b/deed~ 26. County water is available brat needs a Connty water meter installed and lines laid to the property. The Department of Water has verified this option. 27. Sewage disposal for the area is septic. 28. Sofid wash goes to the Pahoa Transfer Station. 29. Police and Fire pr~ohetion is located at Pahw (10 miles west). 30.The nearest schod i is Pshoa. 31. The nearest Part are Isaac Hale Bese6 Park at S miles and Lava Tree stab Monument Park at 7 miles. 32. As stated before, them are both telephone and electric lines bordering the snbjeet property. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 33. The property is undeveloped, yet i. a part alran Agricnltnral District and residential community, bert is locked Drat of being as iehsral component within this community by what appears to be a simple mistake of put zoning mismanagement. . The Property was originally intended to be need for agricultural endeavors, add u years went by, a rural residential community also grew into the area. Thu subject parcel of land would create no ill harm to the immediate or surroudding environment if it were re-rezoned to Agricuknral add had a firmly home on it. Ie fact it may enhance the integrity o[ the snrronnding environment, (and the Agrieultnral component of the General Use Plan), by Patting this subdivision lot back into the coo,mnnity. 34. Because adjaceet parcels have land Dees add deesities simHar to those propaaed, there would be little impact to the character of the neighborhood. . Removing this parcel from an Open zoning chess woald not in any way jeopardia the original intent of the formative d that classifieatiod. . No rare or threatened or endangered species are prae~ on the ProPe~3'• 35 . I have no alternatives to the proposed development. 36 . There are no unique or oataral raonras tMt would be last tithe proposed action were implemented. 11 DFFINITiONS: In Divieba f of the County Zoning Guidelines, FA, or Family Agricailtaral Districb are defined in part io sedioo 2S-S-60 as follows: 'The FA district provides for a blend of smaN-scale agria/hral aperatiorrs associated Wirth residential aclnrides and which may be draracterized by farm estates, smag acreage farms, or subsistence lots. The FA dis0ict is intended to be in areas designatied as bring within the state lard use agriculbiral district, where pubk services and infr~Onxtue are appropriate to support the nary low density r~esiden0al needs of a rural oorrwnunity and where a subsfan0}al number of parcels are less than Rve aces in size, and where a nra of uses wii! not aonlict wNh or be detrinental to existing agria~bual uses in the surrourdirg area." (Then an appro~asately 42 dtl3 Vaeatbdrred lob Hader S acres.) I saf4mit that this propaed rrmning tib well with this definition, as well as the intent and needs of the State, County, commoaity aced myself. Thsak yoti for cooeiderriaig my appiikatio¦, This is a picture taken from the top of Greer! Mormtain (Kapoho dader Dose} The vieev we ass r looking dae north sad e~mpaseee the aorthwwet half of the Vaeatioahad Hawaii Unit IL 12 ,y .n re ~ Qa~ ~ _ ~r ~ / e ~ ~6~. ~ Qe~ ..tl p~ ~ R~ f ~ ~ ~ ! Y M O~ j{ ~ • i- ~ ~ ~ y~~` ~ ~ O` ~"d a ~ i] r ! 6 a ~ _ s ~ ~ ~ © : ~ ~1. ©3 ~ ~ ? j": lrr , r yz ~ t • j~ ~ i~~ d ©{~uu~~ i o ?t f V ~Q • O V fR i' H • e~ e~ ~ e a ~ ~ l ~ l O ® ~ • y J ~ ~ \ ~ f ~ ~ Q s a ~ : a~ 3 s ; / ,!Y • i, 4V~ • e y Y o S 1~~ eNi ~ ~ ~ S~' G~ ~ YM © • ~ + e / _ i'1R • y } e Q ~ ~ / ~!t ~ i ~ © ~ rw i ~ ~~t v _ ~ ed v - 1 ' - f d ~ p ~ li ! .tt~ S • ~ . ` I _ II m ° o o { • a _ ~ t6'• y ;N I fil a _ ~ • t :O t . 1 ® t ~ t•.Sir { ..~f + o t ~ ~ • 1 t t rnoani . ? ~ , , ~ . ~ ° ~:c . = c~4 ~ ¦ ~ ~ t \ r ~ Z ! f V pi , ~ ~3 + r . 0 ~ ~ b ~i/ f • i • .y + 1 '.I / • ~ C ` • 0 ~P ~ r i . ~ . ~ ,o 0 y ~ o o a ~ ~ ~ -J ~ w 1-? ~ . 0 ~,q ~ a o., Z V I f a a ~~~1 i - ~ _ A ~ . ~ aaass-ssoc.a sssaa ~aa~'r C N ~ O n ~ A 1 ~ i r ~ !A` V ~ N M I ~ ~ N 1 l~ ~O"~ u u. • ? , asvaa a~ ~ { Q / < staaaa aa~aasasaa~s Y Y a r ~ • ~ )1 N , N ~ ~ 5`' l~ ~saa aas~a~a aaaa.~s s rI ' ~ ~ ~ ~ ~ ; tf • I ` I N 1a. Co ~aaa~sa~aaaaaai~ • I ~ U UQ ~ • • . ~ rte' !1 ~ `f~~ 1" a K a ~ ~ ) ` ) 1~~~ S _ S / ~ r ~ BSS r ~ 1 V ,1~~ ~ ~ V~ A The Independent Hawaii Surveyors 1044 Oli Oli Way, Hilo, Hawaii 96720 Phone/FAX 808 959-0360 Email nlelsC~?aloha nei Niels Christensen, Surveyor - INVOICE - February l 1, 2000 Job No 1688 To Title Guaranty Escrow Services 450 Kilauea Avenue Hilo, Hawaii 96720 Escrow Acct # 99-302-1650 TMK: (3) 1-4-73: 27 Description of Services DROA C-41 Stakmg of Vacatronland Hawaii, Kapoho, Lot 64 Boundary corners are VERIFIED AS CORRECT and have an average ertor of 0.28 feet wroth is within acceptable tolerance for property of this type and in this subdivision. The followuig sketch gives the dunensions found by this field survey (F) as compazed to the record dimensions (R) of this property, and the type of pins found (FND.) and set at the comers. Improvements were not located on this staking. PIPE ~ CH RI$ j~ FND ,e . 2 tJCENaEO st^ `a o~ w„ PROfESSi01VAL Z 51 a uwo laly~, N0. 9077 LOT ~p y r P~IPTE (F)193UJ'{E~ f)4 REBM ~wAll, US 4Z ~1• FND PIPE SEr ~~//7~ / ~~J1~ ~/L~ J"A+ (R)19Z F)'00' ti LLL ~/~^~1/~- r ~~0 ,j ~~'g `Z" / ~~0~` I Niels Christensen, L.P.L S. 9077 vo o~$ ca`l~'~~ For services rendered.. .5750 00 PIPE tax. 31.25 fND AMOUNT DUE..........5781 25 ce: Keith Iwamoto, Century 21 Homefmders, 586 Kancelehua Avenue, Hilo, HI 96720 Invoices are dne and payable wnhm 30 days of bdlmg date hereon and due whether ea escrow ?s closed or canceled A servax charge of f IO 00 wdl be assessed for fotoie sutemems and our policy ?s to charge a l9'r monthly late charge (annual perceange rate of 12`b) on all paa due accoanb <r w.y~ • 14. Stephen K Yamashiro Ham ~ Ta6ahashi 11m or • - Ov¢nor . ,.w•~V S K Schulte Depun County of Hawaii DEPARTMENT OFFINANCE -REAL PROPERTY TAX 865 Pnlam Street • Hilo Hawan 96720679 • Fax (806) 961.8415 Appraisers 1808) 961-6351 • Clerical (608) 961-8201 • Collernons (808) 961-8282 REAL PROPERTY TAX CLEARANCE (REV. 07/99) July 11, 2000 TMK(s) 3-1-4-073-027-0000 This Is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid up to and including June 30, 2000 This clearance was requested on behalf of LEO, JOSHUA K, ANDREW and PATRICIA for the County Planning Department and is issued for this/these parcel(s) only BY Lena Muramoto, Cashier ~Ve Flnd ~r~ ~c ~ ao c i taa o0 [R)927'41'00" 300 00' ReberFnd ® ~ ~J 4ti`'v P. `3 ~ \ ~ Q \p ~ t o t \C 4 ~i\ p\ n o ~ ~ \ ~ ~ \ ~ f N ~V ~ ~ ~ f ~ ~ B o O ~ 1 ~ 8~ ~ ~ :.g f N f ¢ • ~ ~g ~ ~ C~ ` ~ ~ \ ~ u ~ r~ ~ ~ 9 t \ ~O Plpe9et 42 ' 71' Helepueo Road (Rl 147'41'00' 270.00' (~147'!8'SY' 270.08'