HomeMy WebLinkAboutCOM 0211.000 2002-2004 rr o.„ Dixie Kae[su
Harry Kim ' • •'w~
~ Managing Dimdor
Mayor Viiq,
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COUNTY OF HAWAII
25 .N~pum Strect, Room 215 Hilo, Hawau 96720-4252 • (808)96 L8211 : Fax (808)961-6553
KONA- 75-5706 6uakim I fighway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 3295226 Fax (808) 326-5663
April 7, 2003
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
SUBJECTS: Change of Zone Application (REZ 02-029)
Applicant: Hokukano Ranch, Inc.
Request: Single Family Residential (RS-15)
and Agricultural (A-la) to Village Commercial (CV-10)
Tax Map Key: 8-1-002:Portion of 040
Change of Zone Application (REZ 02-030)
Applicant: Reiner & Marianna Schrepfer
Request: Agricultural (A-Sa) to Family Agricultural (FA-3a)
Tax Map Kev: 8-1-7:10
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letters and enclosures
regarding the above-referenced requests.
Sincerely,
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a Ki
ayor
Enclosures
Comm. No.
cc: Planning Department Ref. To:
Cj; l / j <f Ref. Date
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Harry Kim
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County of I-~~waii
PI,ANNINU COMMISSION
101 Pauahi Street, Suite 3 ~ Hilc. Y.awaii 96 7203 04 3
(808)9fi1-8288 Fax (808 961-8742
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Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 02-030)
Applicant: Reiner & Marianna Schrepfer
Request: Agricultural (A-Sa) to Family Agricultural (FA-3a)
Tax Man Key: 8-1-7:10
The Planning Commission, afrer a duly held public hearing on March 7, 2003, voted to
recommend for your approval the proposed legislative bill to change the district classification
for approximately 6.910 acres of land from Agricultural (A-Sa) to Family Agricultural
(FA-3a). The property is located in the Kona Kali Farms Subdivision, approximately 676 feet
west (makai) of MSmalahoa Highway, Keopuka, South Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicants' request for a Change of Zone from an Agricultural (A-Sa) to a
Family Agricultural (FA-3a) zoned district for approximately 6.910 acres of land will
allow them to subdivide the project site into two (2) lots, each a minimum of three acres
in size. The applicants intent to sell the mauka parcel, upon which there is an existing
dwelling, and retain the lower or makai parcel upon which they will build a new home
and continue with the cultivation of the land. The subdivision and sale of a portion of the
project site is necessitated by financial hardships currently being experienced by the
applicants. There is an existing 25-foot wide access driveway that is servicing the project
site and will continue to provide access to two lots that are intended to be created.
Special Permit No. 924, issued by the Planning Commission in 1996 to allow the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
establishment of a 2-unit bed and breakfast establishment within the existing 4-bedroom
dwelling, will be conveyed with the sale of the mauka lot on which the home resides. In
order to consider an area for any type of zoning designation, the applicable goals, policies
and standards of the General Plan must be adequately addressed. It is only through such
a comprehensive policy analysis approach that evaluations and decisions can be made to
better time and stage developments to achieve the growth desired as stated in the General
Plan and other related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similaz areas in the
County.
The Change of Zone request from Agricultural (A-Sa) to Family Agricultural
(FA-3a) zoned district will conform to the following goals, policies and standards of the
General Plan Land Use Elements. Land use is one of the principal focal points of public
concern and policy. The Land Use Element provides the primary basis for direct control
and guidance of publicly and privately owned resources. It is also intended to be used as
a policy guide for the coordinated growth and development of all sectors of the County.
It sets forth goals, policies, standazds 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
Agriculture goals, policies and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents. These state the following:
LAND USE and AGRICULTURE
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zoning request shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zone
uses, availability of public services and utilities, access, and public need.
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed change of zone request would also complement the following goals,
policies and standards of the Housing Element of the General Plan:
HOUSING
• Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
• Attain a diversity of socio-economic housing mix throughout the different parts of
the County.
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintai~r the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
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 graphically depicts the physical relationship
among the various land uses as anticipated for the island. The LUPAG Map establishes
the basic urban and non-urban form far areas within the County. The subject area is
presently designated Orchards. It should be noted that the County is currently conducting
a comprehensive review update to the General Plan, which proposes that lands designated
as Orchards be redesigned as Important Agricultural Lands, Rural or Extensive
Agricultural. The subject property is proposed for Important Agricultural Lands.
However, in light of the fact that the subject property is still designated Orchards by the
General Plan, the proposal is reviewed under the present LUPAG Map designation. The
Planning Commission supported this change, which has been forwarded to the County
Council for final adoption. Further, the subject area is adjacent to and west of existing
Low Density Urban designated areas. With the exception of three pazcels located
adjacent to the northeast of the project site, lands within the immediate area are
designated Agricultural by both the State Land Use Commission (A) and the County
(A-Sa). The three parcels located to the northeast combine for approximately 6 acres and
are designated Urban by Che State and Single Family Residential (RS-10) by the County.
Approximately 550 feet to the north on the makai side of the Mamalahoa Highway are
lands designated for single family (RS-10) and commercial (CV-10) uses by the Zoning
Code. Due to the fact that the project site is situated immediately adjacent and to the
west of the existing General Plan designated Low Density Urban area, this rezoning
request would compliment the designated Low Density Urban areas adjoining the project
site and will be consistent with the smaller lot development being promoted within this
particular area of South Kona. This does not imply, however, that other lots within the
general vicinity would also he acceptable for rezoning and must be assessed on a case-by-
case basis.
The 6.910-acre project site is on the west (makai) side of the Mamalahoa
Highway, with the bulk of the project site located approximately 676 feet from the
highway. Generally between the project site and the highway are properties are zoned
A-Sa and RS-10. Other lands surrounding the project site are zoned A-Sa.
Approximately 850 Feet to the north are lands zoned CV-10. Approval of the applicants'
request to create agricultural lots with a minimum lot size of 3 acres will not compromise
the functionality of the larger agricultural lots nor the smaller urban lots located adjacent
to the project site. The Kona Regional Plan, adopted by the Planning Commission in
1984, recommends that the project site retain its current A-Sa designation. The proximity
of Single Family (RS-10) zoned lands immediately adjacent to the north and General Plan
designated Low Density Urban lands immediately to the east would support the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
applicants' request by providing for a transition between urban and agricultural uses in
this particular area just makai of the Mamalahoa Highway and will not compromise the
intent of the Kona Regional Plan by preserving the potential agricultural use of the
project site. Therefore, a favorable recommendation of this change of zone request will
be consistent with the land use pattern being established within this area of South Kona.
Should the County Council approve the applicants' request for a Family
Agricultural (FA3a) zoned district, the applicants would normally be allowed to apply
for a Second Farm Dwelling Permit, which would allow the construction of a second
dwelling unit as a separate or attached unit on each of the two proposed lots. Due to the
fact that this subject request will allow Che existing parcel to be subdivided and
subsequently allow the applicant to create additional lots, there is a potential for
additional dwellings to be constructed on each lot which would double the existing
density of the area. Although, the Planning Commission supports this rezoning request to
allow fora 2-lot subdivision with one home on each lot, the potential to allow a total of
four (4) homes may contribute to a cumulative burden on the existing infrastructure,
primarily potable water, which cannot be supported at this time based on information
provided by the Department of Water Supply. Therefore, a condition is included to
require restrictive covenants in the deeds ofproposed lots to prohibit a second dwelling
unit on each lot. The Department of Water Supply has confirmed that it is willing to
support this change of zone application if such a restriction on additional dwelling units
are imposed.
The property continues to be cultivated in macadamia nuts and coffee. According
to the applicants, a total of 250 macadamia nut trees and 900 coffee trees. The project
site is not classified by the Agricultural Lands of Importance to the State of Hawaii
(ALISH) System. Soils within the project site are classified as "E" or Very Poor for
agricultural productivity by the Land Study Bureau. While the potential for intensive
and/or extensive agricultural uses may exist, the soil conditions within the property and
surrounding area would preclude such intensive agricultural activities from being
conducted without a significant amount of effort. A smaller parcel size may provide for
increased opportunities for small-scale agricultural activities to be conducted on the lands
as proposed by the applicant. The Federal Emergency Management Agency Flood
Insurance Rate Map (FIRM) designates the project site as being situated within Zone X,
an area determined to be outside of the 500-year flood plain.
All utilities and services are available to the site. Access to the subject property is
from the Mamalahoa Highway, which is a State highway, however, this portion of the
road is under County jurisdiction. The project site has direct access to the Mamalahoa
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
Highway via an existing partially paved access driveway within a 25-foot wide access
pole. Beginning at the highway entrance, the paved driveway is 20 feet wide that
narrows to an approximately 8-1/2-foot wide partially paved/gravel driveway within the
25-foot wide access pole. The applicants intend to extend this driveway to service each
lot within the proposed two-lot subdivision. The Subdivision Code requires that
roadways servicing agricultural lots greater than 3 acres in size be constructed to a
standard width of 20 feet within a 50-foot wide right-of--way. Looking at surrounding
properties in the immediate area, it appears that only the project site and two adjoining
properties could directly benefit from such an improved roadway should the two
adjoining properties also seek a similaz change of zone request to an FA-3a zoned district.
These three parcels will ultimately allow for the combined development of 6 lots, hardly
the number of lots that would reasonably warrant the construction of a 20-foot wide
paved roadway within a 50-foot wide right-of--way. In this particular instance, the
Planning Director considers it reasonable to support the requested change of zone and to
allow the proposed 2-lot subdivision of the project site that will utilize the existing
partially paved driveway access within the 25-foot wide access pole. Should this change
of zone request be approved, the applicants will be required to secure a variance from the
minimum roadway standards of the Subdivision Code, a variance request that the
Planning Director will support in this particular instance.
Water to support the proposed two-lot subdivision will be made available from
the County's water system, provided that each proposed lot is limited to no more than one
dwelling unit. Therefore, a condition is included to require restrictive covenants in the
deeds of proposed lots to prohibit a second dwelling unit on each lot. Wastewater
generated by the existing dwelling is and will continue to be disposed of within an
existing cesspool. Any new dwelling or structure must provide a wastewater system that
complies with applicable wastewater standards of the Depaztment of Health at the time of
issuance of a building permit. Telephone services are available to the property. All other
essential utilities and services are or will be made available to support the proposed
development. The applicants have indicated that they wish to construct a home that will
be powered by solar energy. The project area is serviced by HELLO and electrical power
can be made available to the proposed two-lot subdivision if the applicants so desire such
service.
The subject development is not contrary to Chapter 205A, Hawaii Revised States,
relating to Coast Zone Management Area. The project site is situated about 1-1/4 mile
from the ocean at an elevation of roughly 1,200 feet. The proposed 2-lot subdivision will
not adversely impact coastal recreational resources, including access to and along the
shoreline or to mountain areas, scenic and open space vistas, visual resources to the
shoreline, coastal ecosystems and mazine ecosystems.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
Finally, because the property and surrounding areas have and continue to be used
for agricultural and residential activities, it is not anticipated that endangered or
threatened candidate species of flora or fauna are located within the subject property, nor
has the area been identified as a significant botanical or biological habitat. An
archaeological clearance shall be secured from the Department of Land and Natural
Resources prior to any land altering or clearing activities. Further, the applicants are not
aware of any valued cultural, historical or native resources nor any traditional and
customary native Hawaiian rights being practiced in the area, it is not anticipated that the
proposed request will have any adverse impact on cultural or historical resources in the
area.
The requested change of zone to a Family Agricultural (FA-3a) zoned district will
provide for smaller-scale agricultural lots, yet maintaining the rural atmosphere of this
part of South Kona. In addition, including a condition to limit the construction of any
second dwellings would minimize further increase in density on the proposed 3-acre lots.
Further, the project site will still be situated within the State Land Use Agricultural
District, which would be consistent with the uses on surrounding agricultural lands.
Based on the above findings, approval of the Change of Zone request from Agricultural
(A-Sa) to Family Agricultural (FA-3a) zoned district would result in an appropriate land
use pattern that will further benefit the public.
For your favorable consideration, an amendment to Section 25-8-4 (South Kona Zone Map), of
the County Zoning Code is transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely,
Fred Galdones, Chairman
Planning Commission
Lschrepfer02PC
Enclosures
cc: Reiner and Marianna Schrepfer
Department of Public Works
Planning Department -Kona
Department of Water Supply
Department of Land & Natural Resources
Rodney Haraga, Director/DOT-Highways, Honolulu
QSchrcpf
erREl.Asa-02/24/03
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
REINER AND MARIANA SCHREPFER
CHANGE OF ZONE APPLICATION (REZ 02-030)
Reiner and Mariana Schrepfer have submitted an application for a Change of Zone by
changing the district classification from Agricultural (A-Sa) to Family Agricultural (FA-3a) for
approximately 6.910 acres of land. The property is located in the Kona Kali Farms Subdivision,
approximately 676 feet west (makai) of Mamalahoa Highway, Keopuka, South Kona, Hawaii,
TMK: 8-1-007: 10.
GENERAL INFORMATION
1. Land Ownership: The subject property, consisting of 6.910 acres, is owned in fee by the
applicants.
BACKGROUND INFORMATION
2. November 27, 1985 -Final Subdivision Approval (Subd. No. 5327) issued to allow the
subdivision of Kona Kali Farms Subdivision.
3. February I, 1996: Planning Commission issues Special Permit No. 924 (SPP 924) to
allow the establishment of a 2-unit bed and breakfast establishment with an existing
4-bedroom single family dwelling sihiated within the project site.
PROPOSED DEVELOPMENT
4. Request: The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to a
Family Agricultural (FA-3a) zoned district far 6.910-acres of land to allow for its
subdivision into two lot each consisting of a minimum of 3 acres.
5. Objectives: The following information, in part, was provided by the applicant:
"The reason for this request is due to our financial hardship caused at first by dropping
Mac Nut prices and also our Bed and Breakfast business because of declining tourism due
to economy.
We also had to cut down large numbers of Mac Nut trees due to the infestation of the drill
bug. Some were replaced with coffee trees. But it will still take time for them to
produce.
We do not want to become a financial burden and therefore ask you to consider this
application, so that we could sell the upper portion of the property, about 3.6 acres which
would include the B&B plus approximately 120 Macadamia trees and 820 coffee trees.
We would like to retain about 3.3 acres, the lower portion of this property where we
would plant another 2000 coffee trees and some other fruit trees to enhance our income."
6. Supportive Information: The applicants have submitted the following in support of the
request: See Exhibit A -Change of Zone Application)
STATE AND COUNTY PLANS
7. SLUC: Agricultural
8. Hawaii State Plan Consistency: Objectives and policies for the Population, Economy-
in general, Facility Systems -Solid and Liquid Wastes, Transportation and Energy, and
Socio-Cultural Advancement -Housing.
9. General Plan Consistency: Housing and Land Use (Agricultural) goals, policies and
courses of action for South Kona.
10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Orchards. Lands
designated Orchards include those agricultural lands which though rocky in character
and content support productive macadamia nuts, papaya, citrus and other similar
agricultural products. It should be noted that the County is currently conducting a
comprehensive review update to the General Plan, whereby lands designated as Orchards,
unless otherwise designated, will be converted to Important Agricultural Lands. This
recommended amendment, among others, are currently pending review and action before
the Hawaii County Council. Immediately adjacent to the east are lands designated for
Low Density Urban and Medium Density Urban uses.
11. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in
April 1984, recommends that the project site maintains it's A-Sa designation.
12. County Zoning: The 6.910-acre project site is currently zoned Agricultural-5 acres
(A-Sa).
13. Special Management Area: The project site is not situated within the Special
Management Area (SMA).
-2-
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
14. Project Site and Property: The 6910-acre project site is on the west (makai) side of the
Mamalahoa Highway, with the bulk of the project site located approximately 676 feet
from the highway. The subject property is configured as a flag lot, with an approximately
25-foot wide paved driveway within the access pole leading to the highway. An existing
4-bedroom single family dwelling is centrally situated within the eastern, or mauka
portion of the project site. The project site is cultivated with approximately 250 mature
macadamia nut trees and about 900 coffee trees.
15. Surrounding Zoning/Land Uses: With the exception of three parcels located adjacent
to the northeast of the project site, lands within the immediate area are designated
Agricultural by both the State Land Use Commission (A) and the County (A-Sa). The
three parcels located to the northeast combine for approximately 6 acres and are
designated Urban by the State and Single Family Residential (RS-] 0) by the County.
Approximately 550 feet to the north on the makai side of the Mamalahoa Highway are
lands designated for single family (RS-10). Approximately 850 feet to the north are lands
designated for commercial (CV-10) uses by the 7_oning Code.
16. FIRM: According to the Flood Insurance Rate Map prepared by the U.S. Army Corps of
Engineers, the project site is located within Zone X, an area outside the 500-year flood
plain.
17. ALISH System: According to the Agricultural Lands of Importance to the State of
Hawaii (ALISH) Map, the project site is not classified as prime or unique agricultural
land.
18. USDA Soil Conservation Services Soil Survey: Soils on the subject property consist of
the Honuaulu Series (HVD), which are comprised of extremely stony silty clay loam,
12 to 20 percent slopes. Permeability is rapid, nmoff is slow and the erosion hazard is
slight. This soil is used mainly for pasture and coffee.
19. Land Study Bureau: The Land Study Bureau's overall master productivity rating for
agricultural use of soils found within the area of the subject property is Class "E" or Very
Poor.
-3-
20. Floral/Fauna) Resources: No formal floral or faunal surveys of the project site were
conducted. In its application, the applicants note that "No native or exotic (sic) plants
and no listed or candidate for endangered species are known on the subject property."
As referenced within their application, the project site is cultivated with approximately
250 mature macadamia nut trees and approximately 900 coffee trees.
21. Archaeological Resources: No archaeological reconnaissance survey was conducted on
the project site. Within the change of zone application, the applicants note that "We
contacted SHPD (Patrick McCoy) There are no known Archeological Resources
(Historic Properties) on the subject parcel. Consequently the proposed subdivision
would have no effect on any known Historic Properties."
22. Cultural Resources: According to the applicants, "The property has a long history of
private ownership and to our knowledge no Native Hawaiians have been accessing the
property for traditional and costmary (sic) practices. Also we are unaware of any valued
traditional, cultural, historical or natural resources on this property."
PUBLIC UTILITIES AND SERVICES
23. Access: This portion of the Mamalahoa Highway fronting the project site is owned and
maintained by the County of Hawaii with a pavement width of 20 feet within a 60-foot
wide right-of--way. The project site has direct access to the Mamalahoa Highway via an
existing partially paved access driveway within a 25-foot wide access pole. Begimiing at
the highway entrance, the paved driveway is 20 feet wide that narrows to an
approximately 8-1/2-foot wide partially paved/gravel driveway within the 25-foot wide
access pole. The applicants intend to extend this driveway to service each lot within the
proposed two-lot subdivision.
24. Water: Water to support the proposed two-lot subdivision will be made available from
the County's water system, provided that each proposed lot is limited to accommodate no
more than one dwelling unit.
25. Wastewater: The existing dwelling on the project site is serviced by an existing
cesspool. Additional dwellings will be serviced with systems meeting with the
requirements of the State Department of Health.
-4-
26. Solid Waste: The nearest landfill is the West Hawaii Landfill at Puuanahulu, which was
designed to serve as the regional solid waste disposal facility.
27. Utilities: All necessary utilities are or will be made available to support the proposed
two-lot subdivision.
AGENCIES' COMMENTS
28. DLNR-Historic Preservation Division: (January 15, 2003 memorandum)
"MaryAnne Maigret and Jeanne Knapp from our Kona office did a site visit on Friday,
January 3, 2002 (sic) and met with the owner, Reiner Schrepfer. We do not have a record
of previously documented historic sites on the property, However, several remnant walls
were observed during this visit that could possibly have historic significance.
Mr. Schrepfer outlined his plan to remove the o]d macadamia nut trees using chainsaws
and chipping methods and the re-planting of coffee on the property. He had no plans to
use heavy machinery to do any of the clearing on the land. We believe that the re-zoning
of the land would have `no adverse affect' on any historic sites given the current plans of
the owner. Should he decide to apply for a grubbing or grading permit in the future then
we would want to review his plans at that time."
29. DLNR-Land Division-Engineering Division: (January 3, 2003 memorandum)
"We confine that the project site is in Zone X (Not shaded). This is an area determined
to he outside of the 500-year flood plain. The National Flood Insurance Program (NFIP)
does not have any regulations or guidelines for development within Zone X."
30. State Land Use Commission: (December 24, 2002 memorandum)
"We have reviewed the subject applications forwarded by your memorandum dated
December 10, 2002, and confirm that the subject parcel is designated within the boundary
of the State Land Use Agricultural District.
Given the location, scope, and nature of the proposed activity, the State Land Use
Commission defers to the judgement of the County of Hawaii regarding this matter. We
have no further comments to offer at this time."
31. Department of Health: (January 9, 2003 memorandum)
"The existing individual wastewater system can continue to serve the existing dwelling.
However, wastewater generated from any additional dwelling unit/building must meet the
wastewater rules in effect at the time of building permit application."
-5-
32. Department of Transportation: (December 26, 2002 memorandum)
"The subject proposal to subdivide a 6.9 acre lot into two lots will not impact our State
highway facilities. The portion of the project that accesses Mamalahoa Highway is render
the jurisdiction of the County."
33. Department of Environmental Management: (December 17, 2002 memorandrmr)
"We have reviewed the subject application and have no comments to offer."
34. Police Department: (December 27, 2002 memorandum):
"Staff has reviewed this request for rezoning and feels that it will have insignificant affect
on police services or traffic concerns."
35. Department of Public Works:
See Exhibit B -.Tanuary 8, 2003 memorandum
36. Department of Water Supply: (January 27, 2003 memorandum)
"Please be informed that the Department's existing water system facilities cannot support
the proposed application at this time. Extensive improvements and additions, which
include, but are not limited to, source, storage, transmission, and distribution facilities
must be constructed. Currently, sufficient funding is not available and no time schedule
is set."
37. Department of Water Supply: (February 25, 2003 memorandum)
"This letter is to amend our February 21, 2003(sic) letter regarding this application.
Inasmuch as our prevailing water availability guidelines, which is subject to change,
allows for an additional farm dwelling for the parcel, we do not have any objection to the
application and resulting 2-lot subdivision. However, this is with the understanding that
should the subdivision be processed, we will not support any application for an additional
farm dwelling on either parcel.
This is not to be constnred that we are supporting zone changes or boundary amendments
in this area; but due to the circumstances for this application, we are willing to support
this change of zone with conditions."
AGENCIES - NO COMMENTS OR OBJECTIONS
38. Real Property Tax Division, Department of Agriculture, Natural Resources Conservation
Service, and the Department of Natural Resources-Divisions of Forestry and Wildlife and
State Parks
-6-
PUBLIC COMMENTS
39. No comments regarding the subject change of zone application has been received from
the general public.
-7-
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LANDOWNER SIGNATURE(S)<~ ~ : ~ l / ~ ~ DATE:
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LANDOWNER(S) ADDRESS:.-.
REQUEST: TO _ ~ ` ~ ~ _
(Existing zoning) (Proposed Zoning)
TAX MAP KEY:
STREET ADDRF,SS OF PROPERTY:
SIZE OF PROPERTY OR AFFF.CTFD AREA(S) TO BE REZONED:
AGENT:
ADDRESS:
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75-5706 Kuakini hiwy suite # 10Q
Kailua-Kona, hit t3Ei74C~
Tax reap kc:y: 8..1-07~ 1.0
Ref. Application for re-zoning,
Oct. 15t 2002
To whom it may concern.
Attached is our application to request re-zoning of our property from
AG-5 to AG-3.
The reason for this request is due to our financial hardship caused at
first by dropping Mac Nut prices and also our Bed and Breakfast
business because of declining tourism due to economy.
We also had to cut down large numbers of Mac Nut trees due to the
infestation of the drill bug. Some were replaced with coffee trees. But
it will still take time for them to produce.
We do not want. to become a financial burden and therefore ask you
to consider this application, so that we could sell the upper portion of
the property, about 3.6 acres which would include the B&B plus
approximately 120 Macadamia trees and 820 coffee trees.
We would like t~~~ rr;~tair°~ about 3.~i acres, the lower portion of this
property where we would plant another 2000 coffee trees and som~x
other fruit. trees tc, E~nhanr~ca orsr incon~~~.
C'. ~7. ~0~~ ~.:?'r
C;,~;F~T'A1f'i 4~:~~)€~l<`,. i~sE~V1r`;`t~i ~~4i~iT~
t.f i . t;f)-~! 3<'' ~ k~)°= FA^s~ git~=s ~2. § ff~~tg'n h ~ P, i i. ~ ? ts~P;i9 rE~<u~~ioi ~<.r r E,,~
i' ~ $ i~~ E° R ~1V i ~ t~t~
sR t~t~~'€€`~~~, :;~€.:a~i l~ ~'t~ t~
Can the lower property w~~ alsca woaald iilc~; tv buiid a 2 ~wedroorr~ hcu~F
on pales so that the grounds and the environment ~rvould not tie
disturbed, I~~. would tae build with solar electricity.
The existing easement, wtricl~ is part of our property, ~^rould hfa
continued and paved to they I~xwer part of the property.
Your kind consideration it, truly appreciated.
Looking forward to hearing from you.
Kind regards
Reiner and Marianna Schrepfer
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2.TTACIiI LENT
?.gri'ixul.tuza]. C<ezouing
PLANNING DEPART~fE~JT
COUNTY OF HA0.'AII
AL'PLICATION FOR CHANGE OF ZONE
1. If your requesC is approved, do you intend to subdivide *_he subject
land in accordance with the approved change of zonei G?~t^"_J~~~
7~--°-
If Yes, please answer the rest of question 7 and then Co quest:ior: 3.
a. How many acres of the requested area do you intend to subdivide? ~ ~~"~Ct,~/
b. Into what lot sizes? ~C~(~~~f
/ ~'u)
c. If your request is approved,. approximately how long after the r
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? ~.~.~~~-,f 7.
d. Do you intend to build houses on the newly created lots?
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House _~~~-~~Y1-~-
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form .
2, If you have no firm plans o; subdividing the subject area, do you
intend to:
1'
a. Sell or lease the land to someone who has firm plans? c f.J /7~ef /~,c'''~~ ~ ,f
~ / C-%»
C'
b. Sell or lease ttrc Land u' someone who has tentaeivr_ plans?
r~, Sel l_ or 1eas~s r,he Land to someone whn has nu plans:'
~J+ther (p]ease r.tar~l
f. If you intend to do either a, b, c, please elaborar-e on the kind
of p7.ans the other pax e.y has. Please., alsr.~, i.u cl_ude in vo~1r
answer apprasimate].y bow soon after approval of your rezoning do
yuu expect cc~ transf ex the subject laud to anu the=r party.
yL~O ~.'?r'~'t,~.-`'~
3. Do you Chink that y<~ur request and your fur.t.he.t plans for the .~en~l
will alleviaCe the }ocal. housing situation? C>
How?
4. :Are ehere any buildings on the subject area'? ~ E'~'
If so, what kind? -C X /S {i q ~~G<i f'-~~i ~ ~J c_~ '
c/ ~C~ ~ ~C>
What do you intend ro do with those buildings if your request i_s
approved? '
S. Is the subject land currently being used for any agricultural activity? ~Cf
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
rye Q ~~~c=L_~'~- ~ i Q~ G- c9~~-e_e._ ~ ~/e G'_ c3 r-~iii r
/
6. Was your request to allow for the creation of smaller agricultura].
lol-s? ~ f
If so, did your plan include the following consi.derat_onsl
~
a. C;nmmnditg to be produced? (''~~~y°~1"~-c'k~- ~/'t'E- ~.C<~'v-
ITha P_ kinds of commodiCyi'
h. Sui.tablility of the px°oposed lot~size for that r_rntnuodiry? ~'f
Sufficient faun size to al law reasonabl chance cif suc-cess in
l C`.`
co~nnrercia] agri.cua.ture? 1
1,
d. Agricultural leases or _ttner forms of assurance that. potential
buyers or leases would t'~uC. the subject area into suo~e r-orm ec
agricultural use"( G~~_~
°lease state the pio~_,os"d type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together O, r/~ ~
with your request for a change of zone. ~-'~,f.f~~.
If you do not intend to subdivide the subject land for some sort of
agricul.tura]. purpose, please state your other reasons. ~'`~---'c__.;
7. To your knowledge, has there been any flooding and/or drainage problem y, ~
on the subject area? / ~
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements? ~ J
If so, what kind? t`-~~9"~~
~ C--%
Is the road adequate f.or the proposed traffic volume or load?
9. What sore of governmental. assistance and/or improvements au _?ou Peei wil].
be needed in the subject area when developed? - k
Yes yn
a. Schools
1,. Roads
c. Sewer
d. Drainage
s
k"es ~o
ee. F'oliee Froter_ti~,~n
_ ~'-t~-,
f. I-i_re Protection ,/`L~C.°
/'Z
Re.creational i'aciliLiec i t:.'
6, Yuhtic Oi.ilit_iP~, ~~~'F~'f~
f -
i. Other
For those checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
i
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Address: _ / j f ? iY7C.~(!i`~,i<"<~2
Telephone: ~5 <-_J ~ r!
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li3epartnlent of
Zo~tln~ ~Duestionaere
A. Protect Deseri~tiou:.Details of Proposed Use /Development:
a. Proiect descr~tion:
This 6.916 fee simple property is presently zoned AC's 5.
It has about 250 mature Macadamia trees and about 900 coffee trees
growing.
We would like to divide this parcel and change the zoning from AG 5 to
A~~3„~ so~ that we could sell off the upper part, about 3.6 acres of this
property, which would include the Bed and Breakfast establishment along
with about 120 Macadamia trees and about 820 mature coffee trees.
On the lower part of the property, about 3.3 acres, we would like to
decrease the macadamia trees due to the age of the trees, the lack of
income from the macadamia crop and the drill bug problems. We would
like to replace those trees about 2000 coffee trees.
b. Statement of Objectives and reason for the request: Letter attached
C .Number of acres/square feet: 6.916 acres. We would like to divide this
property into 2 parcels, approximately to 3.616 acres for the upper parcel
and 3.3 acres for the lower parcel.
d. Proposed units/lots/floor area of proposed building envelope: We would
like to make no changes to the upper parcel and re-plant below.
e. Timeframe and cost: N/A
f. Membership size , number of employees: none.
g .parking arrangement: none
h. Traffic Impacts: none
i. Other related information: none.
j. proposed on-site and off-site infrastructure: continuE:d driveway .
We would like to extend (continue) the existing drive tivay~ ( this is ~s 11,~~;
lest)
B. Conformance with State/County Plans
2. State Land Use is Agriculture ,Orchards}
3. 'There is no public access , this is just a private
property.
4. Applicable aoals/politics and objectives of the General
Plan: Re-zone from AG-5 to ~ and replant coffee in
lower division. ~ '
5. General Plan desisnation (LUPAG maps
ORCHARDS
6- Present zonin is AG 5
7. Community Development Plan: To keep and improve
this agriculture land for coffee growing, fruit trees and
vegetables. The lands within South Kona which occur
within the State Land Use Agriculture district are zoned
"Unplanned"( copied from Kona Regional Plan chapter
11}
8. Special Manag-ement area: There will be no need for :r
special management area.
C. PHYSICAL CHARACTERISTICS AND ENVIROMENTAL
SETING OF THE PROPERTY AND SURROUNDING AREA
9. Description of subject property: tax rnap key of this
property is 8-1-07-10 located in Keo Puka area of
Captain Cook/Kealakekua on the ocean side of the Hwy
11. A~i agricultural and soil survey map plus
information ,climate and topography infornrati~n i•rom
the Hawaii department of Agriculhire is attached.
Address: 81-6327 B Mamalahoa Hv~y. Kealakekua
96750
F~levatiorr- 1200 feet
Slope: medium
Soil: poor
:aiza: rnap attached (map It 3
Fxistinh, strictures: 2 story redwood home
] 0. 1-Lazard Zone::3
11. Distance from coastline: 6400 feet
12. Letter from the Planning Department is attached:
General Plan is Orchard, State Land Use: Unique
Agricultural land. zoning : A~Sa (Agriculture---5 acres
minimum lot size) ALISH :Unique Agricultural Lands
13.USDA :Located in the center of 3 soil types: HVD,
KEC, rPXE
14. Soil rating: poor
15. flood zone : X
16. existin drainage ways or improvements: none
17.Air/ noise/water quality :good
18.Existing archaeological, cultural or historic sites on
nation Register or Hawaii re ig ster:
We contacted SHPD (Patr7ck McCoy) There are no
known Archeological Resources (Historic Properties) on
the subject parcel. Consequently the proposed subdivision
would have no effect on any known Historic Properties..
19.Existing_Floral/faunal resources:
No native or exotic plants and no listed or candidate for
endangered species are known on the subject property.
20.Scenic or costal resources: none
21.Identify any traditional and customary native Hawaiian
r~hts that are exercised in the area:
The property has a long history of private ownership and
to our knowledge no Native Hawaiians have been
accessing the property for traditional and costmary
practices. Also we are unaware of any valued traditional ,
cultural, historical or natural resources on this property.
22.. Existingpublic access: there is no public access.
23.Social settlement pattern in this area: fanning
24.Economic resources in this area: fanning
25.Land Values_this is mostly farm land. Property tax bill
attached.
2f>.Land Use farming
27.Lonin~: AGS
6). PU6LIC FACILITIES_AND SERVICES
28.Description of access: paved private road 2S `wide.
Legal access rights. Attached property map.
2.9.Availabilit~of water: County water
30.: Sewage disposal: Cess pool
31. Police and Fire protection: Captain Cook
32. .
33.of Finance's assessed Land Value for this parcel is $
17,499.00 .Market Land Value is $ 207,400.00
34.farming
27.Zoning is A.Ci-5
28.This property is a flag lot with a paved private road 2S
wide. Legal access rights are attached .
29. Water availability is County water.
30. Sewage disposal :Cess pool
31. Solid waste: none
32. Police and Fire Protection: Captain Cook
33. Schools: Kona Waena
34. Greenwell Park
34. Utilities and Services are HELCO/ Verizon
E. Environmental Assessment and Analysis
35. There will be no changes in the relationship between focal short term
uses of environment and maintenance and enhancement of Lang terns
productivity.
36. Mitigative measures 1~7roposed to avoid, minimize, trectily or reduce
impact: none of above.
37. There are no other alteznatives proposed .
38. "F'here are no irreversible arsd irretrievable con7rnitru>~r~zs ; f~ r~atur;al
resources involved.
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I-iILtJ, HAWAII
} 7:_ i
f)A~TE .lanuary A, '?003
9C'~~dt~l~1
~1O Christopher J. 'ruen, Planning Director
falannin_ry [)rpartment
t ~R(~M ~ Galen NI. Kuba, Division +';hief ; i„-
Engineering Division
SUBJECT Change of Zone Application (REZ 02-030 )
Applicant: Reiner & Marianna Schrepfer
Location: Keopuka, S. Kona, HI
TM K: 318-1-007:010
We reviewed the subject application and our comments are as follows:
DRAINAGE
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
EAR rHWORK
I. Ail earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the hlawaii County Code.
2. The applirant shall comply with chapter 11-55, Water Pollution Control, Hawaii
Administrative Rules, Department of Health, which requires an NPDES permit for
certain construction activity
ROADWAYS
i Me~ni~alahoa Highway, the ~'ocrnty road serving khe subject property, is a secondary
arterial road. It has a 20aft. wide pavement within a 60-foot wide right-of-way.
Actress to Mamalahoa Highway, including the provision of adequate sight
distances, shall meet with the approval of DPW. Install street lights, signs arul
markirrcls mr~eting with the approval of the DPW, Traffic Division.
2. 1°ne applioant shall ,€:nu:,ve any uncroacl7ments or obstructions withra the t;ounty
right-of-way. E X H ~ B 0~
,rhalrt~ k~a I'la
-,chrer5ter i?~.~ 1}~-bJl}
r1dlK: A-i-007:Oiq
.iailualy ii, fiC+li:i
re. 'r. ~Sf 'P
i i~Aarn;~iahoa hiigtrway, stall t7e; irrrprovecJ tc> an ittJ-a. right-c,f-way aecorduig tri the
t~o+.mty's General F'lan-
~ All roadways within the proposed development shall follow the guidelines
incorporated in the fiawaii Statewide Uniform Design Manual for Streets and
hliyhways and the Subdivision Code. The Subdivision Code requires that any road
s~~r+~inq e~ siibriivisic,n of lots 3 acres or more in size have a aQ-foot right-of-way.
-tiiuuld rh~re u~ any que,ations concerning this rnakter, please tr:el free to ::ontac[ Kiran
F::mler of our Kona Engineering Division office at 327-363q.
KE
copy: ENG-HILC)
PLNG-KONA