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HomeMy WebLinkAboutCOM 0301.000 1996-1998 ~ ~,C William G. Davis Managing Dirutor Stephen K. Yamashiro M"y°1 Henry Cho ~~i'p~'M~+'r Deputy Managing Director ~IIlilt~kl II~ ~tl~fiii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 May 7, 1997 OC~ ~ LC l '7 C, ~ Honorable James Y. Arakaki, Chairman =3 z and Members of the County Council s _ , ) County of Hawaii ~ ~ 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 94-32) Applicant: Rodney Inaba Amended Request: A-40a to FA-3a Tax Man Key• 6-4-1:35 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 Commission's letter and enclosures regarding the above-referenced Change of Zone Application. Sincerely, , ~~tephen K. Yamashiro Mayor AK: syw LInaba0l.MAY Enclosures cc: Planning Commission REZ 94-32 8; /I 86 C~~mr.a Biw_ ie rTo. t, ~ . . P9AY 8 t99I1 t'~,~ N ~W • ilq Stephen K. Yamashiro E. Mayor i'•. a "O f~~'t'oi'wi'M~ l~o~trtfg ~f ~tt£>x~ttt PLANNING COMMISSION 25 Aupuni Street, Room I09 • Hilo, F4waii %720-4252 (808) %I-8288 Fu (BOB) %I-%1S MAY 7 1991 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 94-32) Applicant: Rodney Inaba Amended Request: A-40a to FA-3a Tax Map Key: 6-4-1:35 The Planning Commission, after a duly held public hearing on May 1, 1997, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 15.928 acres of land from Agricultural (A-40a) to Family Agricultural (FA-3a). The application was originally requested from A-40a to A-3a and relative to County Council's Bill No. 106. The property is located on the north side of Mamalahoa Highway approximately 2,000 feet east (Hamakua direction) of Don's Pake Kitchen at Puukapu Homesteads, First Series, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The Change of Zone Application from Agricultural-40 acres (A-40a) to Family Agricultural-3 acres (FA-3a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o 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. o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o Protect and encourage the intensive utilization of the County's important agricultural lands. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Agricultural land shall be used as one form of open space or green belt. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils identified as Maile Series (MLD). This soil consists of well-drained, silt loams that formed in volcanic ash. In a representative profile, the surface layer is about 14 inches thick and consists of reddish-brown to very dark brown silt loam. The surface layer is reddish-brown to very dark brown, silt loam. It is underlain by fine sand-size aggregates of about 46 inches thick. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. Soils within the subject property are classified as "B" (Good) fronting Mamalahoa Highway and "C" (Fair) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. The Agricultural Lands of Importance to the State of Hawaii (ALISH) system classifies a portion of the subject property located within 100 to 200 feet of the Mamalahoa Highway as "Prime" agricultural land. "Prime" agricultural Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 lands have the soil quality, growing season and moisture supply needed to produce high sustained yields of crops economically when treated and managed according to modern farming methods. The remainder of the property is classified as "Other Important Agricultural Lands." The requested FA-3a zoning will continue to encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Low Density Urban and Intensive Agricultural" designations by the General Plan LUPAG Map. The proposed development would also implement the goals, policies and courses of action of the State Plan including: Economy, Physical Environment, Land and Air Quality, Water, Socio-Cultural Advancement (Housing) objectives and policies and the goals, policies and standards of the General Plan Agricultural Element as stated below: o Identify, protect and maintain important agriculture lands on the island of Hawaii. o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o Agricultural land shall be used as one form of open space or as green belt. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. In the implementation of these goals and policies and standards, the applicant will complete its proposed project in compliance with all of the codes and standards referenced above. Therefore, the proposed rezoning and development will complement land uses within the community and neighborhood it is proposed to be located in. The proposed subdivision of four lots would be compatible with the rural character of the surrounding lands and provide opportunities for a mix of farm residential, hobby or limited scale agricultural activities on lands that are well suited for agricultural pursuits. These 3+-acre lots would be compatible with the surrounding area. The properties along Mamalahoa Highway, directly across and southeast of the subject property are zoned A-40, A-Sa and A-3a. The properties located one mile east toward Honokaa are zoned A-3a. The smaller 3+-acre lot size will also provide additional opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 placed on them by the larger 40-acre zoned parcels. Therefore, a favorable recommendation of [his change of zone request will be consistent with the surrounding land use pattern already established within this area. Primary access to the subject area is from the Mamalahoa Highway, which is an improved 60-foot wide right-of--way and a 20-foot wide paved roadway surface. A 1.102-acre 50-foot wide roadway perpendicular to Mamalahoa Highway, running the length of the proposed lots is proposed. The State Department of Transportation and County Department of Public Works have not expressed any concern regarding the traffic generated by the proposed subdivision and potential impacts to the Mamalahoa Highway, with the exception of complying with the minimum sight distance for subdivision access road connection to Mamalahoa Highway and limiting direct access to the highway from the individual subdivided lots. These restrictions and requirements will be accessed and imposed at the time of subdivision review. Water for the existing building is presently served by a 5/8-inch water meter. The Department of Water Supply recommends that anticipated maximum daily water usage be submitted by a registered engineer. Therefore, as a condition of approval, the applicant will be required to comply with the requirements of the Department of Water Supply. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to support the proposed development. Archaeological sites are not anticipated to be located within the subject property due to former and current agricultural activities and homesite improvements. The Department of Land and Natural Resources have indicated that the proposed subdivision development will have "no effect" on historic sites. Should historical sites be located within the subject property, the applicant will be required to immediately notify the Planning Department. Based on the above findings, approval of the Change of Zone request from Agricultural-40 acres (A-40a) to Family Agricultural-3 acres (FA-3a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-11 (Lalamilo-Puukapu Zone Map) of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, ~j Kevin M. Balog, Chairman Planning Commission AK: syw Llnaba02.PC Enclosures cc: Sandra Pechter Schutte, Esq. Mr. Rodney Inaba Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu Blnaba0l.emm-04\08\97 COUNTY OF HAWAII PLANNING DEPARTIViENT BACKGROUND REPORT RODNEY INABA CHANGE OF ZONE APPLICATION NO. 94-32 RODNEY INABA, has submitted an application (amended) for a Change of Zone by changing the district classification from Agricultural (A-40a) to Family Agricultural (FA-3a) for approximately 15.928 acres of land. The application was originally requested from A-40a to A-3a and relative to County Council's Bill No. 106. The property is located in the on the north side of Mamalahoa Highway approximately 2,000 feet east (Hamakua direction) of Don's Pake Kitchen at Puukapu Homesteads, First Series, South Kohala, Hawaii, TMK: 6-4-1:35 GENERAL INFORMATION 1. Owner: The subject property, consisting of 15.93 acres, is owned by two parties, Jeffrey M. and Dianne Flattery Lee who together own an undivided one-half interest; and Carrie A. Inaba who owns the remaining undivided one-half interest. These parties have authorized the applicant to submit the change of zone application. BACKGROUND INFORMATION 2. October 15, 1974 -The applicant, as owner of the subject property, submitted an application for a change of zone from Agricultural~0 acres (A-40a) to an Agricultural-5 acres (A-Sa) zoned district. The request was to allow the subdivision of the property into two lots of 7.96 acres each. 3. October 29, 1975 -The Planning Director denied the change of zone application. Historically, the Planning Director's denial of an application was final. Only recommendations for approval were forwarded to the Council for final adoption. Ordinance No. 84-82 dated November 21, 1984 required the Planning Director and Commission to forward either a denial or approval recommendation to the Council for al( change of zone applications. Attach. C-301 (B-86) PROPOSED DEVELOPMENT 4. Request: The owners who hold an undivided interest in the property as tenants in common wish to subdivide the property between the two co-owners. 5. Objectives: "The applicant is proposing to subdivide the 15.93 acres into four lots; three lots of approximately 3.59 acres and one lot of approximately 4.04 acres. The applicant also proposed to create a 1.102 acre roadway lot, perpendicular to Mamalahoa Highway, providing access to each of the four lots." 6. Additional Information: The applicant has submitted the following in support of the request: (See Exhibit A -Applicant's Change of Zone Application dated October 12, 1994 and amendment dated February 7, 1997.) T)F4CRIPTION OF STATE & COUNTY PLANS 7. SLU Designation: Agricultural. 8. GP LUPAG Map: A portion of the property is designated Low Density Urban and the remaining portion of the property is situated in an area designated "Intensive Agricultural". Low Density Urban Development, allows for single family residential developments, ancillary community and public uses and convenience type commercial uses. Intensive Agricultural uses consist of sugar, orchard, diversified agriculture and floriculture. Soils within this category are based on high soil fertility. 9. Waimea Design Plan: The subject property is located outside of the Waimea Design Plan. 10. General Plan Consistency: Economic, Land Use elements goals, policies and courses of action for South Kohala. 11. Hawaii State Plan Consistency: Economic objectives and policies. 12. Zoning: Agricultura140-acres (A-40a). 13. SMA: The property is not situated within the Special Management Area (SMA). DESCRIPTION OF PROTECT SITE AND SURROLINDIN(~EA 14. Subject Property: The subject property is an oblong shaped lot with approximately 418 feet fronting Mamalahoa Highway and an average depth of 1800 feet. -2- 15. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site Maile Series (MLD). This soil consists of well-drained, silt loams that formed in volcanic ash. In a representative profile, the surface layer is about 14 inches thick and consists of reddish-brown to very dark brown silt loam. The surface layer is reddish-brown to very dark brown, sift loam. [t is underlain by fine sand-size aggregates of about 46 inches thick. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. 16. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "B" (Good) fronting Mamalahoa Highway and "C" (Fair) for agricultural productivity by the Land Study Bureau. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) system: A portion of the subject property located within 100 to 200 feet of the Mamalahoa Highway are classified as "Prime" agricultural land. "Prime" agricultural lands have the soil quality, growing season and moisture supply needed to produce high sustained yields of crops economically when treated and managed according to modern farming methods. The remainder of the property is classified as "Other Important Agricultural lands". 18. FIRM: The subject property is located outside the 500-year flood plain (Zone X). 19. Flora/Fauna: According to the application natural vegetation occurring on the property consist of ohia, tree fern, alapaio fern, kikuyu grass and white clover. There are no known species of endangered plants or animals which may inhabit the site. 20. Archaeology: An archaeological study was not conducted. However due to former and existing agricultural activities and the development of a homesite, significant surface archaeological sites are not anticipated to be located within the property. 21. Surrounding Land: Lands to the north and east are zoned A-40a. The properties along Mamalahoa Highway, directly across and southeast of the subject property are zoned A-Sa and A-3a. The properties located one mile east toward Honokaa are zoned A-3a. -3- PiJBLIC UTILITIES AND SERVICES 22. Roads: Access is off Mamalahoa Highway, a County of Hawaii roadway with a 60-foot wide right-of-way and a 20-foot wide paved roadway surface. A 1.102-acre 50 foot wide roadway perpendicular to Mamalahoa Highway, running the length of the two front proposed lots is proposed. 23. The County Council's Bill No. 106: (See Exhibit B dated 1VIay 22, 1995) A('FNCIES' COMMENTS 24. Fire Department (March 25, 1997 Memo): "We have no objections to the above-referenced Change of Zone Application." 25. Department of Health (March 10, 1997 Memo): "The subject lots are located in a Critical Wastewater Disposal Area where cesspools are not allowed. Any development on this lot would require all wastewater be disposed into a Septic Tank System." 26. Police Department (March 12, 1997 Memo): "We have reviewed the request for an amendment to the change of zone application and do not believe i[ will negatively impact traffic safety or police services in the area." 27. Department of Transportation (March 7, 1997 Memo): "Not Applicable." 28. Department of Land and Natural Resources (March 25, 1997 Letter): "Thank you for the opportunity to review the subject Change of Zone Application. "The Department of Land and Natural Resources has no comments or objections to offer on the subject matter at this time." 29. Department of Public Works: (See Exhibit C -March 13, 1997 and January 30, 1995 Memos) 30. Department of Water Supply: (See Exhibit D -March 10, 1997 Memo) 31. Real Property Tax Office: (See Exhibit E -March 17, 1997 and February 5, 1997 Memos) -4- A(;FNCIES - NO RESPONSE 32. Department of Agriculture, Department of Parks and Recreation, Soil Conservation and Waimea Community Association PiJB II~IVIENTS 33. The Department has not received any comments or objections from the general public or adjacent landowners. -5- SANDRA PECHTER SCHUTTE ATTORNEY AT LAw l0l Aupuni Street. Suire 1014A Hilo, Hawaii 96720 Telephone: (808)969-7331 Fax: (808) 934-9819 ~ ~ r~ ~ 7 ~ , rii February 6, 1997 _ ~ t;., - Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re:: Application for Change ofZone (REZ 94-32) Applicant: Rodney Inaba Tax Map Key: (3) 6-4-01:35 Puukaou Homesteads First eries Puukapu South Kohala Hawaii Dear Ms. Goldstein: Pursuant to our meeting of January l4, 1997 regazding the above-referenced change of zone application, my client is requesting that the zoning designation being sought for the subject property be changed from Agricultural with a minimum lot size of three acres (A-3a) to Family Agricultural with a minimum lot size of three acres (FA-3a). The site plan for the proposed project is proposed to be the same as that originally submitted to your department with the original change of zone application. We believe that the FA zoning designation is appropriate for the subject property, pursuant to Section 25-5-60 of the Hawaii County Code, for the following reasons: 1. All of the necessary public utilities and infrastructure aze available to service the property, which if subdivided under FA-3a zoning would result in the creation of four lots. 2. A substantial number of pazcels in the vicinity of the subject property aze smaller than five acres. 3. Most of the property contains soil which is not classified as either A or B under the Land Study Bureau's Master Productivity Rating. Although a strip of land located within 100 to 200 feet from the Mamalahoa Highway is classified as B or good for agricultural productivity, this area is designated for low density trrban use under the County General Plan Land Use Pattern Allocation Guide Map, thus meeting the ctitetia tinder Section 25-5-60 of the Hawaii County Code. EXFI~~1~ 'A- t.1NJ Ms. Virginia Goldstein Page 2 February 6, 1997 From our discussion, it is my understanding that the requested change in the subject change of zone application would require a second review of the application by the Planning Commission before it is resubmitted to the County Council. My clients would appreciate it if your department would schedule this before the Commission at the eazliest possible date. . If you need any additional information to process this request, please contact me. Thank you in advance for your prompt attention to this matter. P Very truly ~urs, S RAP CHTER SC TE cc: Mr. Rodney Inaba Mr. Jeffrey M. Lee ~PPLICATIOsi 1?OR CH1?NGS OC EONE COUNTY C+P 8l?FiA21 PLANnr:ac DeaeRrne>+r ,iPPLZCJIPt'T: Rodney Zn APPLZCJ1tiT' S SICtU1T0RE: DArH; OCTT? 199d ,4DARESSt RYI, Inc. ' P.O. Box 240700 • Honolulu, Hawaii 96824-0700 LIST APPLICAttT'S IlTtERSST IO NpT OWNSR Consultaat ' LZb'S P&INCIPAL(83 INC:LODINC; NA!!DS OF KAI~i Q?plCggg TSLHPHONL-BOSIN&SS: 396-6688 R8SLD8ltCSs RSQUESls 1?-4Oa r0 11-3a z s nq zon nq COpoee :ion Aq 21UC Nllp 1tllY: (3) 6-<-01:35 1RfJl Of PROPERTY OH J1RY6CrED AREA{,$} TO gS RSEOs9EDs I'3.93 aarea Jaffrey M. And Dianne Flattery Lag (nn a one- n erea~ LANDOH!(SR(8): Carrie A. Inaba lundivided orsa-half interest) ~ivHHR'9 SZGla.7URE See attached axhibit •1• BATE: Y y e er AGBliTs Sandra Pechter: 5chutte ADDBESSs Cane a L ch ~G f F}u wu :Si-~ SU.c.IL, X014• fl 160E nea 1?oenue H"1~0 ' HS o, Ha 1 96720 y~ -~•;~i THLSPH021E-BOSZSi655s ~-F RESIDE!(C]!t Please indicate to vhos otti9inal Qocreapoadence and copies ebauld be ' t s+nt. DRIGI!!AL Rodney Znaba COPIES 6nndra P6chter 6chutte (Sea Znatructions ip Hack} The applicant is seeking fire subject change of zone for estate planning purposes to divide the property between the two co-owners. The change of zone will allow the landowners, who hold an undivided interest in the property as tenants in conunon, to leave an opportunity to utilize their own defined parcels. e. Technical Data Reeardine the Prooertv (1) Site Characteristics. The property is located at Puukapu Homesteads, First Series, Puukapu, District of South Kohala, Island and County of Hawaii. It is approximately one mile east of the town of Kamuela, and nearly 10 miles inland or mauka from the shoreline of Ka~vaihae. The property has an elevation ranging between 2,800 to 3,000 feet. The property has a gentle slope wluch does not exceed 10%. The United States Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil on the property as being in the Maile Series (MLD). The Maile series consists of well-drained silt loams that formed in volcanic ash. In a representative profile, the surface layer is about 14 inches thick and consists of reddish-brown to very dark brown silt loam. It is underlain by fine sand-size aggregates of about 46 inches thick. The surface layer is medium acid and the subsoil is slightly acid and neutral. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. The property is not rated under the ALISH (Agricultural Lands of Importance in the State of Hawaii) system of classification. A marginal portion of the property fronting Mamalahoa Highway is rated B or good if irrigated, and the remaining area of the property is rated C or fair by the Detailed Land Classification maps for the Island of Hawaii. According to the DOWALD (Department of Water and Land Development) rainfall averages 40 inches annually. All of the land surrounding the property is zoned for Agricultural use. The property abuts A-40a zoned districts to the west, north and east, and A-Sa and A-3a zoned districts to the south of Mamalahoa Highway. (2) Floodine and Tsunami Inundation. The Flood Insurance Rate Map (FIRM) prepazed by the U.S. Army Corps of Engineers designates the property as being in Zone X or outride of any known flood prone area. There are no known drainage problems on the subject property, and being that the property is nearly !0 miles away from the shoreline, it is not subject to the threat of tsunami inundation. HILOIW96TIN381.IVCYL -2- (3) Flow and Fauna. The property is partia.,~ improved where the existing dwelling is located. The natural vegetation consists of ohia, tree fern, alapaio fern, kikuyu Brass. altd white clover. There are no known endangered plant or animal species on the subject propem• or in the immediate vicinity of the property. (4) Volcanic Inundation. The property is within Lava Hazard Flow Zone 8. on the U.S. De~artlnent of the Interior Geological Survey map. Zone 8 azeas include the lower slopes of Mauna Kea and most of this area has not been affected by lava flows for the past 10,000 years. . (5) HistoricaUArchaeoloeical Resources. According to the records on file with the County Planning Deparanent, there are no known historical sites of significance as listed on the State or National Register of Historic Places on the subject property. (6) Water Service. There is presently a 6-inch water main from the Waikoloa Reservoir No. 3 and a 12-inch water main extending along Mamalahoa Highway fronting the property. The existing building is presently serviced by a 5/8-inch water meter. (7) Access. Access to the property is provided off of Mamalahoa Highway, a County of Hawaii roadway with a 60-foot wide road right-of--way width and a 20-foot wide paved roadway surface. There is adequate site distance for vehicles entering and existing the property. A 1.102-acre 50-foot wide roadway perpendicular to Mamalahoa Highway, running the length of the two front proposed lou is proposed. (8) .Electrical and Telephone Service. Electrical and telephone service is presently provided to the existing building. Such service will also be available to the proposed addition. (9) Public Services. Police and fire protection is available in Kamuela at the Waimea Civic Center, approximately one miles west from the project site. II. CONSISTENCY WITH THE GENERAL PLAN. a. LUPAG Mao Designation. A mazginal portion of the property fronting Mamalahoa Highway is situated in an azea designated as "Low Density Urban", and the remaining portion of the property is situated in an azea designated as "Intensive Agricultural" on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The proposed rezoning, establishing three-acre minimum sized lots is consistent with these LUPAG Map designations. HIIA1~2196T1w18~.lUCYL b. Goals, Pollcles and Standards. The requested change of zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals. policies and standards aze as follows: Economic Goals: Provide residents with opportunities to improve their quality of life. Economic development and improvements shall be in balance with the physical and social environment of the island of Hawaii. The County of Hawaii shall strive for diversity and stability in.its economic system. The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies: The County of Hawaii shall strive for an economic climate which provides its residenu an opportunity for choice of occupation. The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Discussion: The proposed change of zone, which ~tiill provide small agricultural lots will allow Big Island residents with the choice of either beginning or expanding diversified agricultural operations. This type of industry is compatible with the surrounding azea. Further, the decrease in the size of the lots from 40-acre to 3-acre, would help to expand small scale diversified agriculture that aze economically viable for intensive agricultural tue. Flood Control and Drainage . Goals: Protect human life. Prevent damage from inundation. Reduce surface water and sediment runoff. HIL0112396T1W28~.IVCYL -4- Policy: All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: Flood Insurance Rate Map (FIRM) designates the property as "X", an area outside of the 500-year flood plain. During the subdivision process, the applicant will conduct the drainage studies and construct the improvements as required by the Department of Public Works, so that the development generated runoff will ¢e disposed of without causing any damage to surrounding properties. Thus, the requested change of zone will be consistent with these goals and policy. Historic Sites Goal: Protect and enhance the sites, bui]dings and objects of significant historical and cultural importance to Hawaii. Policy: The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the cleazing or development of land when there are indications that the land under consideration has historical significance. Discussion: As stated eazlier, no known historic sites of significance as listed on the State or National Register of Historic Places aze on file for the subject property at the County Planning Department. Therefore, the proposed change of zone would not be inconsistent with the goal of protecting and enhancing significant historical sites. Housine Goal: Attain a diversity of socio-economic housing mix throughout the different parts of the County. Policies: Accommodate the housing requirements of the special need groups including the elderly, handicapped and those residents living in Waal areas of the County. Discussion: The development will allow those individuals who want to operate small scale farms to be able to live on the property that they are fal~rting. Therefore, the proposed chatige of zone is consistent with the housing goal of providing a certain type of housing which adds to the diversity of the socio-economic housing mix throughout the County. Public Utilities Goal: Ensure that adequate, efficient and dependable public utility services will be available to users. HIL01~2796T1 W 280.1 VCYL -5- Policy: Improvement of existing utility services shall be encouraged to meet the nerds of users. Discussion: As indicated above, water is available through the County water system to service the property. Telephone and electrical services are also available. Thus, the public utilities goal and policy, of providing adequate utility service and making required improvements to provide such service, are satisfied. Land Use Goals: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Protect and encourage the intensive utilization of the County's important agricultural lands. Policy: Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Discussion: The parcels surrounding the subject property are zoned agricultural use. The proposed size of the lots in this development is consistent with the size of the lots in the surrounding azea. Properties along Mamalahoa Highway, directly across and southeast of the subject property are zoned A-Sa and A-3a. Additionally, properties located approximately one mile east toward Honokaa are zoned A-3 a. The requested change of zone would provide a mix of small agriculturally zoned lots, and is consistent with the size of lots of surrounding parcels. Land Use -Agricultural Goal: Identify, protect and maintain important agriculture lands on the island of Hawaii. Policies: Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. Rural-style residential-agricultural , , developments, such as new small-scale rural communities or extension of existing rural communities, shall be encouraged in appropriate locations. Discussion: Soils along the portion of the property fronting Mamalahoa Highway is rated B or good if imgated, and the remaining area of the property is rated C or fair by the Detailed Land Classification maps for the Island of Hawaii. The soils aze adequate to support diversified agriculture such as row crops, leafy crops and strawberries. In addition, the proposed HILOI@J96T1k180.IlICYL -6- development will be a typ,. ~f residential-agricultural development, as it will allow residential dwellings in conjunction with a small farm. The rural-style residential development is compatible with the surrounding area and will be an extension of the rural community in Kamuela. South Kohala - Agricultural Land Use Courses of Action: Through zoning the County shall protect important agricultural Ignds from urban encroachment. Discussion: The requested change of zone will be protect important agricultural lands by the development of small agricultural lots that are adequate for small scale diversified agriculture which is consistent with the surrounding uses and zoning designations. Additionally, the development will satisfy the demand for a rural lifestyle and decrease the pressure to develop important agricultural lands. Thus, the proposed development is consistent with this course of action for the South Kohala district. III. LOCATION MAP AND SITE PLANS. A location map and site plan aze attached as Exhibits 2 and 3, respectively, to this application. A full-size copy of the site plan (2' X 3') is also being submitted in conjunction with this application. IV. METES AND BOUNDS DESCRIPTION OF THE PROPERTY. A copy of Land Patent Grant No. 5469, setting forth the metes and bounds description contained in the owner's deed to the subject property, is attached to this application as Exhibit 4. V. AGRICULTURAL REZONING QUESTIONNAIRE. The Planning Department's Agricultural Rezoning questionnaire is attached to this application as Exhibit 5. VI. PROPERTIES WITHIN 300 FEET OF THE SUBJECT PARCEL. The list of owners or recorded lessees of properties within 300 feet of the applicant's pazcel being proposed for rezoning is attached to this application as Exhibit 6. HIIA 1 W 96Ti W 181.IVCYL -7- aa0 A'1 1`p•~1~ I ~O 1~ 0 41-D s' 4.044 Acs. \u 960.13 77 h W z a } g ~ 4l-G ~ o- ~ 3547 Acs. 'Q y GN.4N6E OF ZONE MAP f I pl "313 + PROPOSED 51JBDfV15lON OF LOT 41 GRANT 5469 TO PEl« KA!^lAl ~ N ° R•"' ~ 0 1NT0 LOTS 4!-A To 41-D,'-1NGLU5lVE ~ ri f~ ~ ° AhfD ROADWAY LOT z ry 41-B ~ ~ ~ ~ NOMES7EADS, FIRST SERIES $ 3593 ~ ~ e PI,VKAPU, SOUTH 1COHALA ~ 6 0 ~ _ ~ ~ ISLAND OF HA!^L411, HAWAII x ,~,_~--z., ~ s I i ~ > P 0I ; T 0. - So ; C 335.13 F- ' 0 a ~ OJNNERSr ' .fcffrey M. Lee Orana P. Leo - I/7 Int. ~ - i a 4f-A ~ ~ Garrlo A. InatTa - I/2 Int. ~ ~ 3592 Acs. $ 70l-D Palko OrNc , ~ Honolulu, Har+all A6B7! O ~ , ~ ~i . _ B \~~y"S~ */B~ 7 q O hi~ H~Y- INABA EN6INEERlN6, 1NG. 773 hlalanycnue Ava. Hllo, HaNaII 46770 IKJTE, Prapo~ed ~,tatlNllraf eub~ect to Zonlncj O+a+ge o<f. 24•, r9?~i~ CF.iv.~ - fig. +ca to Ag-9oJ. .Apra 7z, waa rel •e4mo rAx MAP Ictr, srd Dlv. B--s-or,ss al~• x 13• ~ o.n sq. Fr. . _ - - - - . , , ~ li Q r g L C 1' 1 S F C 1!1 il: V ' 1 i~ / ~ 2~~1(~O' `1 .1` X16 O 1 ~ 11 4 F r t',. - 2. 1 ' 1 i ~ ~ I ~ Qir~ I ! 'fi i i 1 C' i • ' . i k . ~ V~ ~ & ~ t <<... 1, / - .1 ; 1 \ IJ j~ L i l> ~ '~L yl. tit,`}'' ,s' 4 ~ r i 1 Itt;~ 1 /1 d: C ,:P ~ ~ ~1 / i 1 ~ `ii- 1 1 e R ~ ~ . ~ L~ i~~ C 1 1 1 .R `p ~ f, is yl t _ I ~ 1 410. ' r ~ L`- ~ i 1 ~ 1 e , t r 1 _ ' jA~'1.;` u \\Y~+~~~ .`\':a`. t ¢'~1; .:i LOCATI( nO~a:l'J ^ \ if~'.1 • ~ _ ~ .Q C;OiJT~1TY Off' HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-95E (LALAMILO-PUUKAPU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-3 a) AT PUUKAPU HOMESTEADS, FIRST SERIES, PUUKAPU, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-01:35. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95E, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Puukapu Homesteads, First Series, South Kohala, Hawaii, shall be Agricultural (A-3a): Beginning at the south corner of this parcel of land, being the east corner of Lot 42, Grant 9658 to Mrs. Lucy Hie and on the northerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 511.0 feet North and 4,968.0 feet East, thence running by azimuths measured clockwise from True South: 1. 149° 07' 1,613.00 feet along Lot 92, Grant 4658 to Mrs. Lucy Hie; 2. 210° 12' 09" 439.97 feet along road; 3. 329° 07' 1,990.00 feet along Lot 78 and Lot 79, Grant 4549 to Heirs of Mrs. Emma Achi; 4. 82° 13' 418.70 feet along Mamalahoa Highway to the point of beginning and containing an area of 15.928 Acres. EXHIBIT ,g, All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision development shall~be secured within five (5) years from the effective date of this change of zone ordinance. C. Covenants in the deeds of all the subdivided lots shall require that all uses established on the lots are in conformance with the statutory requirements of Chapter 205, Hawaii Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code (Zoning Code). A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final 'Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances with a copy of the recorded covenant to be filed with the Planning Department upon its receipt from the Bureau of Conveyances. -2- D. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. E. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. F. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could riot have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. -3- 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). G. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Readinq: Effective Date: APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATEp: -4- A~tOa A-40e moo A-1o. A-~o. A-5e ROPD J~ ~ \1 Od, i.Q- o . H04ES~ 1~0 ` ~G g A-fOe 0 m A-5a 8 A-90a A-5e AGRICULTURAL (A-40a) TO AGRICULTURAL (A-3a) A-5a A-5. a AREA: 15.928 ACRES To Komue/o Y ' o M I' - A-,o. AM'4~ 511.0 N w n Q,4 4.968.0 E A-5e •WESf BASE' ~ A-90a 82' 13' 418.70 NAG, A-5. ywA y n-to. A-5e TO ~n°4oo~ Aria Aia AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-95E (LALAMILO -PUUKAPU ZONE MAP) ARTICLE 3,4-CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-3a) AT PUUKAPU HOMESTEADS, FIRST SERIES, PUUKAPU, SOUTH KOHALA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 6-401: 35 MAY 22, 1995 EXHIBIT " " (RODNEY ~NABA) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE March 13, 1997 Memorandum To :Planning Director D i ~ n FROnn .Galen M. Kuba, Chief ° ~ ~ Engineering Division SUBJECT: Change of Zone Application (REZ 94-32) r= Applicant: Royden Inaba ~ Location: Puukapu South Kohala, HI TMK: 6-4-01:35 Please see our comments submitted via memo dated January 30, 1995. TWP:sIs cc: Engineering -Hilo Engineering -Kona Planning -Kona EXHrB~~ -.?,~04 C ?ARTME~IT OF PUHLIC W~ KS COUNTY OF HAWAII HILO. HAWAII OATS Jan. 30, 1995 i~~e„~a~dn~um Planni /i/t(`/for ~M len Kuba, Acting Division Chief Engineering Division 3.I E. . Change of Zone Application (R 94-32) Applicant: Roydea Inaba Location: Puukapu, South Kohala, HI TMK: 6-4-1:35 We have reviewed the subject application and our comments are as follows: BUILDING 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. DRAINAGE 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. 4. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. 5. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. Memo to Planning Director Jan. 26, 1995 Page 2 ROADWAYS 6. Vehicular access to the individual lots should not be from the Belt Highway. 7. The intersection sight distance must meet the requirements~bf the Statewide Design Manual. TWP:sls cc: Engineering - Hilo Engineering - Rona Planning - Rona Q~ r~1f1 li H` 11 ~i° DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ~~lu rn~. r~ 25 AUPU NI STREET HILO, HAWAII 96720 TELEPHONE (6081 9~filE%%jEr F A X (6081 HJ6)9c190c9c8 961-9660 961-8657 March 10, 1997 D U'. f ti T0: Planning Department = FROM: Milton D. Pavao, Manager - SUBJECT: CHANGE OF ZONE APPLICATION N0. 94-032 APPLICANT - RODNEY INABA REQUEST: A-40a TO A-3a AMEND TO A-40a TO FA-3a TAX MAP KEY: 6-4-001:035 We have reviewed the subject request to amend the approved zoning. However, due to the multiple uses allowed by the FA-3a zoning and to assist us in evaluating the requested amendment, the following is required from the applicant: The anticipated maximum daily water usage, as recommended by a registered engineer, must be submitted for our review and approval. Upon completion of the above, we will submit our comments and requirements. Please keep in mind that this letter shall not be construed as a water commitment. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Milton D. Pavao, P.E. Manager WA:gms copy - Mr. Rodney Inaba Ms. Sandra Pechter Schutte EXHrB1X ~ t;233G UVafer brtn~3 rro~re63... Date: ~J - _ ~ ~ '.q7 fi~1~ 1~1 P~~l 2 ? 6 ~ I . To: Planning Director From: Real Property Subj: Request for Comments and/or Review Tax Map Key: o/- 3s Comments from the appraisal section: Property receiving agricultural use value Property is dedicated Possible rollback taxes There are no comments at this time Remarks: Appraiser to contact: :G ? Phone: 327-3542 Comments from the collection section: Status of real property taxes: C rrent Delinquent / Amount ; Amount due includes tax, penalty, interest up to Remarks: Collection personnel to contact Phone: 961-8282 EXHIBIT r f19~?C SANDRA PECHTER SCHUTTE ATTORNEY AT LAW 101 Aupuni S[ree[, Suite 1014A Hilo, Hawaii 96720 Telephone: (808)969-7331 , Fax: (808) 934-9819 ~97 rEfl 7 Pr7 1 "1 February 6, 1997 , ; C~UPr" ~'`~r). I Y Ll;` l ivY ~ ~ i Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re:: Application for Change of Zone (REZ 94-32) Applicant: Rodney Inaba Tax Map Key: (3) 6-4-01:35 Puukapu Homesteads. First Series. Puukapu. South Kohala. Hawaii Dear Ms. Goldstein: Pursuant to our meeting of Januazy 14, 1997 regazding the above-referenced change of zone application, my client is requesting that the zoning designation being sought for the subject property be changed from Agricultural with a minimum lot size of three acres (A-3a) to Family Agricultural with a minimum lot size of three acres (FA-3a). The site plan for the proposed project is proposed to be the same as that originally submitted to your department with the original change of zone application. We believe that the FA zoning designation is appropriate for the subject property, pursuant to Section 25-5-60 of the Hawaii County Code, for the following reasons: 1. All of the necessazy public utilities and infrastructure aze available to service the property, which if subdivided under FA-3a zoning would result in the creation of four lots. 2. A substantial number of parcels in the vicinity of the subject property aze smaller than five acres. 3. Most of the property contains soil which is not classified as either A or B under the Land Study Bureau's Master Productivity Rating. Although a strip of land located within 100 to 200 feet from the Mamalahoa Highway is classified as B or good for agricultural productivity, this azea is designated for low density urban use under the County General Plan Land Use Pattern Allocation Guide Map, thus meeting the criteria under Section 25-5-60 of the Hawaii County Code. l~ 1Nil~ Ms. Virginia Goldstein Page 2 February 6, 1997 From our discussion, it is my understanding that the requested change in the subject change of zone application would require a second review of the application by the Planning Commission before it is resubmitted to the County Council. My clients would appreciate it if your depaztment would schedule this before the Commission at the eazliest possible date. . If you need any additional information to process this request, please contact me. Thank you in advance for your prompt attention to this matter. Very truly ours, ~i/ S RAP CHTER S~{/C/// TE cc: Mr. Rodney Inaba Mr. Jeffrey M. Lee APPLICATION FOR CHANGE Olt YOKE COUNTY O! bAwA2i PLANNING DBPARTNENT ' APPLICANT• Rodney In APPLICANT'S SIGNATURE: DATSt OCT 1 2 1944 ADDR£SSt RYI, Ina. ' P.O. BOSr 210700 ' 8vnolulu, Hawaii 96821-0700 LIST APPLICANT'S IITPERB&T IP NOT pigKaR CoaeultauL LISP P&INCIPAL{83 INCLIIDII7C NAIIOS OF ![A1N ppPIC8R8 TCLBPHQNE-BOSIN6S82 396-6688 RBSIDBNCBt ABpO!BBTs A-40a !q A-3a n son n Do q ?AX NAP KBY: (3) 6-i-O1:35 4 co se san A 1RMA 0? PROPERTY OR A8Y6CMED ARRA(S3 TO BS RBEOREDt 15.43 acr8a ' Jaffrey M. and Dianne Plat;tery Loa ; one- a erea• LAttDOstN$Rf&3e Carrie A. Inaba lundivided one-half interest} Cffitt8R~8 SIGlATOAE See actachad Exhibit "1• DA282 yy y e eC RG$tiTs Sandra Pechte>: SchutE6 ADD8E88t Caea a L ch ~O f Au uau Jfi~ SLct~, 1014 A X60 3C aea Avarua ~1(o Nl• `ib 20 ~ ' Hi o, Ha 1 4b720 '1'BLBP80NB-BDSZI1ESSi 1 kESID$NC1Qt Please lndicate to woos o><iginai aocrsspoadence and copies 8lsduld be ' r s+nt. ORIGiltAL Rodney Inabn COPIEPf Sandra Pechtez Schut7nt ($ai Inats:uGtioost SA Back3 CHANGE OF ZONE APPLICATION Applicant: Rodney Inaba TMK:(3) 6-4-01:35 SUPPORTING DOCUMENT GENERAL BACKGROUND ! a. Applicant's Interest in the Property. Applicant Rodney Inaba is the authorized representative of the landowners. Jeffrey M. and Dianne Flattery Lee, and Carrie A. Inaba aze the owners of the property for which the change of zone application is being sought. Mr. and Mrs. Lee own an undivided one-half interest in the property, and Carrie A. Inaba owns an undivided one-half interest in the property. Carrie A. Inaba is the applicant's daughter. b. Chance of Zone Requested. The applicant is seeking a change of zone for the 15.93 acre parcel of land to be rezoned from A-40a to A-3a. c. Location and Leeal Description of the Property.. The property involved is located on the Kohala side of the Mamalahoa Highway, at Puukapu Homesteads, First Series, Puukapu, District of South Kohala, Island, County, and State of Hawaii, more particulazly identified as Tax Map Key parcel (3) 6-4-01:35. The property is Lot 41, Land Patent 5469 originally issued to Peke Kawai. d. Proposed Development and Reasons for Reauestine Chance of Zone. The applicant is proposing to subdivide the 15.93 acres into four lots; three lots of approximately 3.59 acres and one lot of approximately 4.04 acres. The applicant also proposes to create a 1.102-acre roadway lot, perpendicular to Mamalahoa Highway, providing access to each of the four lots. The improvements presently on the property consist of an existing single-story family residential dwelling located approximately midway on the property, an unpaved driveway leading to the dwelling, a storage shed for animal feed and equipment, and perimeter fencing. The dwelling, built in 1983 is a wooden structure, with a aluminum sheet roof, approximately 1,535 squaze foot in size. The driveway begins at the western comer of the property fronting Mamalahoa Highway and continues along the length of the eastern portion of the property to the dwelling. Horses graze on the remaining portion of the property. . The previous owner of the subject property was a truck farmer who grew row crops such as ginger, burdock root (gobo) and eggplant. Possible uses being considered by the applicant for the rezoned property include raising of livestock on a small scale, and diversified agricultural crops, such as foliage, row crops, leafy crops and strawberries. Residential dwellings are proposed to be permitted on the lots, as authorized by the State land use law, Chapter 205 and the County Zoning Code. HIIA1~2396TM284.IVCYL The applicant is seeking the subject change of zone for estate planning purposes to divide the property between the two co-owners. The change of zone will allow the landowners, ~vho hold an undivided 'interest in the property as tenants in conunon, to have an opportunity to utilize their own defined parcels. e. Technical Data Reeardin~ the Proaertv (I) Site Characteristics. The property is located at Puukapu Homesteads, First Series, Puukapu, District of South Kohala, Island and County of Hawaii. It is approximately one mile east of the town of Kamuela, and nearly 10 miles inland or mauka from the shoreline of Kawaihae. The property has an elevation ranging between 2,800 to 3,000 feet. The property has a gentle slope which does not exceed 10%. The United States Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil on the property as being in the Maile Series (MLD). The Maile series consists of well-drained silt loams that formed in volcanic ash. In a representative profile, the surface layer is about 14 inches thick and consists of reddish-brown to very dark brown silt loam. It is underlain by fine sand-size aggregates of about 46 inches thick. The surface layer is medium acid and the subsoil is slightly acid and neutral. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. The property is not rated under the ALISH (Agricultural Lands of Importance in the State of Hawaii) system of classification. A marginal portion of the property fronting Mamalahoa Highway is rated B or good if irrigated, and the remaining area of the property is rated C or fair by the Detailed Land Classification maps for the Island of Hawaii. According to the DOWALD (Department of Water and Land Development) rainfall averages 40 inches annually. All of the land sun•ounding the property is zoned for Agricultural use. The property abuts A-40a zoned districts to the west, north and east, and A-Sa and A-3a zoned districts to the south of Mamalahoa Highway. (2) Flooding and Tsunami Inundation. The Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers designates the property as being in Zone X or outside of any known flood prone area. There are no known drainage problems on the subject property, and being that the property is nearly 10 miles away from the shoreline, it is not subject to the threat of tsunami inundation. HILA1~396T1W784.IUCYL '2' (3) Flora and Fauna. The property is partially improved where the existing dwelling is located. The natural vegetation consists of ohia, tree fern, alapaio fern, kiku}~u grass, and white clover. There aze no known endangered plant or animal species on the subject property or in the immediate vicinity of the property. (4) Volcanic Inundation. The property is within Lava Hazard Flow Zone 8, on the U.S. Department of the Interior Geological Survey map. Zone 8 areas include the lower slopes of Mauna Kea and most of this area has not been affected by lava flows for the past 10,000 years.. , , (5) HistoricaVArchaeoloeical Resources. According to the records on file with the County Planning Department, there aze no known historical sites of significance as listed on the State or National Register of Historic Places on the subject property. (6) Water Service. There is presently a 6-inch water main from the Waikoloa Reservoir No. 3 and a 12-inch water main extending along Mamalahoa Highway fronting the property. The existing building is presently serviced by a 5/8-inch water meter. (7) Access. Access to the property is provided off of Mamalahoa Highway, a County of Hawaii roadway with a 60-foot wide road right-of--way width and a 20-foot wide paved roadway surface. There is adequate site distance for vehicles entering and existing the property. A 1.102-acre 50-foot wide roadway perpendicular to Mamalahoa Highway, running the length of the two front proposed lots is proposed. (8) Electrical and Telephone Service. Electrical and telephone service is presently provided to the existing building. Such service will also be available to the proposed addition. (9) Public Services. Police and fire protection is available in Kamuela at the Waimea Civic Center, approximately one miles west from the project site. II. CONSISTENCY WITH THE GENERAL PLAN. a. LUPAG Map Designation. A mazginal portion of the property fronting Mamalahoa Highway is situated in an area designated as "Low Density Urban", and the remaining portion of the property is situated in an azea designated as "Intensive Agricultural" on the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The proposed rezoning, establishing three-acre minimum sized lots is consistent with these LUPAG Map designations. HIL01~2396T1MI84.IVCYL -3- b. Goals. Policies and Standards. The requested change of zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: Economic Goals: Provide residents with opportunities to improve their quality of life. Economic development and improvements shall be in balance with the physical and social environment of the island of Hawaii. The County of Hawaii shall strive for diversity and stability in.its economic system. The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with, the County's natural and social environment. Policies: The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Discussion: The proposed change of zone, which will provide small agricultural lots will allow Big Island residents with the choice of either begiruting or expanding diversified agricultural operations. This type of industry is compatible with the surrounding area. Further, the decrease in the size of the lots from 40-acre to 3-acre, would help to expand small scale diversified agriculture that aze economically viable for intensive agricultural use. Flood Control and Drainaee Goals: Protect human life. Prevent damage from inundation. Reduce surface water and sediment runoff. HIL01~2396T1MI84.IVCYL -4- Policy: All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: Flood Insurance Rate Map (FIRM) designates the property as "X", an area outside of the 500-year flood plain. During the subdivision process, the applicant will conduct the drainage studies and construct the improvements as required by the Department of Public Works, so that the development generated runoff will 1?e disposed of without causing any damage to sunounding properties. Thus, the requested change of zone will be consistent with these goals and policy. Historic Sites Goal: Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Policy: The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the clearing or development of land when there aze indications that the land under consideration has historical significance. Discussion: As stated eazlier, no known historic sites of significance as listed on the State or National Register of Historic Places aze on file for the subject property at the County Planning Department. Therefore, the proposed change of zone would not be inconsistent with the goal of protecting and enhancing significant historical sites. Housine Goal: Attain a diversity of socio-economic housing mix throughout the different parts of the County. Policies: Accommodate the housing requirements of the special need groups including the elderly, handicapped and those residents living in rural azeas of the County. Discussion: The development will allow those individuals who want to operate small scale farms to be able to live on the property that they aze farming. Therefore, the proposed change of zone is consistent with the housing goal of providing a certain type of housing which adds to the diversity of the socio-economic housing mix throughout the County. Public Utilities Goal: Ensure that adequate, efficient and dependable public utility services will be available to users. HIL01~23967~1W284.IVCYL -5- Policy: Improvement of existing utility services shall be encouraged to meet the needs of users. Discussion: As indicated above, water is available through the County water system to service the property. Telephone and electrical services are also available. Thus, the public utilities goal and policy, of providing adequate utility service and making required improvements to provide such service, are satisfied. ; Land Use Goals: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Protect and encourage the intensive utilization of the County's important agricultural lands. Policy: Allocate appropriate. requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Discussion: The parcels surrounding the subject property are zoned agricultural use. The proposed size of the lots in this development is consistent with the size of the lots in the surrounding area. Properties along Mamalahoa Highway, directly across and southeast of the subject property are zoned A-Sa and A-3a. Additionally, properties located approximately one mile east toward Honokaa are zoned A-3a. The requested change of zone would provide a mix of small agriculturally zoned lots, and is consistent with the size of lots of surrounding pazcels. Land Use - Aericultural Goal: Identify, protect and maintain important agriculture lands on the island of Hawaii. Policies: Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. Rural-style residential-agricultural developments, such as new small-scale rural communities or extension of existing rural communities, shall be encouraged in appropriate locations. Discussion: Soils along the portion of the property fronting Mamalahoa Highway is rated B or good if irrigated, and the remaining area of the property is rated C or fair by the Detailed Land Classification maps for the Island of Hawaii. The soils are adequate to support diversified agriculture such as row crops, leafy crops and strawberries. In addition, the proposed HIIAI@396TIW284.IVCYL -6- development will be a type of residential-agricultural development, as it will allow residential dwellings in conjunction with a small farm. The rural-style residential development is compatible with the surrounding area and will be an extension of the rural community in Kamuela. South Kohala - Agricultural Land Use Courses of Ac[ion: Through zoning the County shall protect important agricultural 1liltds from urban encroachment. Discussion: The requested change of zone will be protect important agricultural lands by the development of small agricultural lots that are adequate for small scale diversified agriculture which is consistent with the surrounding uses and zoning designations. Additionally, the development will satisfy the demand for a rural lifestyle and decrease the pressure Lb develop important agricultural lands. Thus, the proposed development is consistent with this course of action for the South Kohala district. III. LOCATION MAP AND SITE PLANS. A location map and site plan are attached as Exhibits 2 and 3, respectively, to this application. A full-size copy of the site plan (2' X 3') is also being submitted in conjunction with this application. IV. METES AND BOUNDS DESCRIPTION OF THE PROPERTY. A copy of Land Patent Grant No. 5469, setting forth the metes and bounds description contained in the owner's deed to the subject property, is attached to this application as Exhibit 4. V. AGRICULTURAL REZONING QUESTIONNAIRE. The Planning Department's Agricultural Rezoning questionnaire is attached to this application as Exhibit 5. VI. PROPERTIES WITHIN 300 FEET OF THE SUBJECT PARCEL. The list of owners or recorded lessees of properties within 300 feet of the applicant's parcel being proposed for rezoning is attached to this application as Exhibit 6. HIIA112396T1~4284.1UCYL -7- _3 ~ .1 • 1 h.. S•w a f F; CI lit ( j ~~i `J .i r~ • ,~i:. iN ~_1 .~..=?l~•a i), F y ~ ; ~ ~ _ i- r,, r-.~> IY ;t r~~ a •~I ,~ICy~e ;l~ fi: i , B l a Y ~ 1 a i ~ IJl - _ t t YI L n ~ ( Y 1 tl ~ ~ i ~ -1 ~ ! ~ _ _ ~/.m r J,~ I w rl R Y' 1. •t St'' 4 i ~ I ' 1 4 ' ' a ij' ~ ~ ~ ~ • ' ~ t , ~o t ~~i'•~.ti'e E~i ls' G ~ a 4 ~ 4" ~1~ ~l~.. y "ii„j3~ 's? I ~ . lid, i i y, y . , ~ i ~ ~ w 1` Irv a p~ i L `~t z_i: lJ ~L i 1.1 flr ~r•J I , i i :~F -rail ~ 1 i ~ a ti``_ P~ , i'Ji~ e , `L. tt t •OIY:tii~~' ~~~~tz ..ar t LOCATION • ps+ \1i Y •t 2 ~A ,i~~~:t w i~ S i :'t •~1 © a MAP o La. ~~~m • J AB~ n~0,. r ~O 41-D ~ ~ 4.044 Acs. n ~p~tl 1?' %0.13 r pp W n q ~ $ R 4!-G ~ a m. ? 3597 Acs. J 'Q 4 GH~tNGE OF ZONE -MAP o p PROPOSED SUHDII/1510N OF LOT 41 ~ + o- 11 GRANT ~46q TO PEKE. KAl^1A1 ~ ~ R=.~~ ~ INTO LOTS 41-A TO 41-D,;INGLUSIYE ~ ~ ~ ~ ~ ~ ~ AND ROADWAY L:OT ~ ~ ~ ~,uKApU Hor~rESrEADS, ~rrtsr seRrEs z o 41-B ~ S PUUKAPU, SOUTH KOHALA _ g 3593 ~ ~ ~p ~ ISLAND OF HAWAII, HAWAII - $ O1 i ~ . o~ S~ 33s.13 ~ 1 OWNERSr ~ .bffrcy M. Lee ' ' Dlane F. Lae - I/? ht. 41 f~ O Garr/o A. Inaba - 1/? blt. ~ ~ 3592 Acs. ~V ?OI-D Palko Drlve _ - a Honolulu, Hawall AbB21 = n _ n o , 4/B ~ "'o~~s~ O N~s~ INABA PN6/I~ER/N6, ING. ~r ?73 Walpnycnvo Ave. Hilo, Hawafl 467?O NOTE. R-oposed subdNlslon wbfect to ZontrxJ Gn'kJe April 27,E 1494 `IEIV 84070 (.4J. 40.i to Ag-3a1. 8-12' x 13' = 0.77 5q. Ft. TAX M.4P KEY, 3rd DIV. 6-4-0f.85