HomeMy WebLinkAboutCOM 0278.000 2002-2004Harry Kim
Nlavar
COUNTY OF HAWAII
25 Anpun i Strcat, Roo(.i 21.` o HOn, 1lawan 96720-4252 • (808)961-8211 + Fax( SO 8) 961-6553
KONG 7`5706 Kuakmi Highway, Suit, 103 a Kadua-Kona, Hawaii 96740
(80:;) 3")- 226 u Fax (808) 326-5663
June 23, 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:
Change of Zone Application (REZ 03-006)
Applicant: Gregory Mooers
Request: V-1.25 to RS -10
Tax Map Key: 6-9-3:15
State Land Use Boundary Amendment Application (SLU 03-003)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-008)
Request: A -5a to RA -2a
Applicant: Howard Rodgers
]'ax Map Key: 6-2-11:13
V'State Land Use Boundary Amendment Application (SLU 03-004)
Request: Agricultural to Rural
Change of Zone Application (REZ 03-009)
Request: A -5a to RA -2a
Applicant: Gregory R. Mooers
Tax Map Key: 6-2-11719
Nixie Kactsn
Maneging D(roator
;.t
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,
'I " U
Harry Kim
Mayor
1060303may
Enclosures
cc: Planning Department
Comm. No. �+
Ret. Tor
Ref. Date
Harry Kim
Mayor
County of Hawaii
PLANNING COMMISSION
10 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 • Fax(808)961-8742
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
n
25 Aupuni Street
20
Hilo, HI 96720
--<
Dear Chairman Arakaki and Members: r
r: -
State Land Use Boundary Amendment Application (SLU 03-004) D
Request: Agricultural to Rural
Change of Zone Application (REZ 03-009)
Request: A -5a to RA -2a
Applicant: Gregory R. Mooers
Tax Man Key: 6-2-11:19
The Planning Commission, after a duly held public hearing on June 6, 2003, voted to recommend
for your approval the proposed legislative bills to change the State Land Use district from the
Agricultural to the Rural District and a Change of Zone from the Agricultural 5 acre (A -5a) to the
Residential and Agricultural 2 -acre (RA -2a) district for approximately 5 acres of land. The
property is located along the south side of Kanehoa Street, approximately 3,050 feet southwest of
the Kawaihae-Waimea Road and Kanehoa Street intersection, Anekona Estates Subdivision,
Ouli, South Kohala, Hawaii.
The Commission concurs with the following findings as recommended by the Planning Director:
State Land Use Boundary Amendment
The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Rural and a Change of Zone from Agricultural (A -5a) to Residential and
Agricultural (RA -2a) to subdivide the property into two lots approximately two acres in
size. The property is currently CPR'd (Condominium Property Regime) into two units.
The applicant intends to construct a dwelling on one of the proposed lots. Upon
subdivision of the property, the CPR will be extinguished.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the
Planning Commission Rules of Practice and Procedures, the County General Plan and the
Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the
following three standards shall apply when determining an area for the Rural district
boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per one-
half acre in areas where "city -like" concentration of people, structures, streets, and
urban level of services are absent, and where small farms are intermixed with the
low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include other
parcels of land which are surrounded by, or contiguous to this district, and are not
suited to low-density residential uses for small farm or agricultural uses.
The property was created on October 23, 1990 as one of the original 36 lots of the
Anekona Estates Subdivision. Surrounding lands are zoned A -5a and RA -2a and located
within the State's Agricultural and Rural Districts. From 1998 to present, the County
Council approved similar requests for State Land Use Boundary Amendments from the
Agricultural to the Rural districts, and Change of Zones from Agricultural (A -5a) to
Residential and Agricultural (RA -2a) for thirteen parcels in the Anekona Estates
Subdivision. Three (3) similar requests in the subdivision are pending with the County
Council.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All uses permitted under section
15-15-25 relating to agricultural uses and those uses that are compatible within the
agricultural district; (2) Low-density residential uses with a minimum lot size of one-
half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..."
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The proposed boundary amendment is for residential -agricultural uses that are
compatible with the Rural designation. The applicant has stated that the five -acre parcel
will be subdivided into two residential/agricultural lots. Thus, the requested boundary
amendment would be in the direction of fulfilling the permissible uses of the rural
designation.
The proposed Rural boundary amendment request would be consistent with,
among others, the Land Use (Single Family Residential) and Housing Elements of the
General Plan:
Rural -style residential -agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural -style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The proposed Rural boundary request also conforms to the Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area as Extensive Agricultural.
The Extensive Agricultural designation includes pasturage and range lands. The
Anekona Estates Subdivision, as well as adjacent subdivisions, includes a mix of
residential and limited agricultural activities. The County is currently conducting a
comprehensive review update of the General Plan. One of the proposed amendments to
the LUPAG Map is to change the designation for the Anekona Estates and Kanehoa
Subdivisions, and both sides of the Kawaihae Road, from Extensive Agricultural to
Rural, which reflects more accurately the residential -agricultural character of the area.
The County Council has approved land use reclassifications in the Anekona Estates and
Kanehoa Subdivisions to the State Land Use Rural district and Residential -Agricultural
zoning. This boundary request would allow a rural development for residential -
agricultural uses that will complement the existing and future residential -agricultural land
use patterns of the immediate vicinity. Based on the above findings, the granting of the
Rural boundary amendment would complement and implement the General Plan.
All utilities and services are available to the property, which are essential to
accommodate rural development. Access to the property is from Kawaihae Road to
Kanehoa Street. Kanehoa Street, a private roadway, has an approximately 20 -foot
pavement within a 50 -foot right-of-way. County water is available to the site. As this
area is not serviced by a municipal sewer system, the applicant would be required to
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
dispose wastewater into a septic tank system. Underground electrical, telephone and
cable services are available to the property. The nearest police, fire and emergency
facilities are located in Waimea, approximately seven (7) miles east of the subject
property.
The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X", outside of the 500 -year flood plain. The topography of the subject property is
relatively level. While the subject property is within the State Land Use Agricultural and
County's Agricultural -5a zoned districts, it is not currently being used for active
agricultural purposes. The property is unclassified by the Agricultural Lands of
Importance to the State of Hawaii (ALISH) System. Soils within the subject property
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 on the site.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to the Coastal Zone Management area. The property is not situated within the
Special Management Area. It is located approximately six (6) miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
are no identified recreational resources, historic resources, public access to the shoreline
or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources
or other natural and environmental resources in the area. Because the property and
surrounding area have been previously grazed by cattle and extensively altered with
residential -agricultural uses, it is not anticipated that endangered or threatened candidate
species of flora or fauna are located within the property, nor has the area been identified
as a significant botanical or biological habitat. Presently, there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of known valued cultural, historical or native resources in the area. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
Finally, the reclassification action would conform to the following goals,
objectives and/or policies articulated in the Hawaii State Plan relating to Socio -cultural
advancement - Housing objectives and policies:
(a) Planning for the State's socio -cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
(1) Greater opportunities for Hawai`i's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily accommodate the needs and desires of families and
individuals.
(2) The orderly development of residential areas sensitive to community needs
and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs ofHawai`i's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate -income and gap -group households.
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and
other concerns of existing communities and surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment
from the Agricultural to the Rural District complements the State Land Use Regulations
and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
The applicant is requesting a Change of Zone from an Agricultural (A -5a) to a
Residential and Agricultural -2 acres (RA -2a) zoned district for approximately five acres
of land to subdivide the property into two lots, approximately two acres in size. The
property is currently CPR'd (Condominium Property Regime) into two units. Upon
subdivision of the property, the CPR will be extinguished. The applicant has submitted a
concurrent request for a State Land Use District Boundary Amendment from an
Agricultural to a Rural district. The applicant intends to construct a dwelling on one of
the proposed lots.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
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.
The Change of Zone request from Agricultural (A -5a) to a Residential and
Agricultural (RA -2a) zoned district will conform to, among others, the Land Use (Single
Family Residential) and Housing elements of the General Plan:
Rural -style residential -agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural -style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The subject area is designated
Extensive Agricultural. The County is currently conducting a comprehensive review
update of the General Plan. One of the proposed amendments to the LUPAG Map is to
change the designation for the Anekona Estates and Kanehoa Subdivisions, and both
sides of the Kawaihae Road, from Extensive Agricultural to Rural, which reflects more
accurately the residential -agricultural character of the area. The County Council has
approved land use reclassifications in the Anekona Estates, Kanehoa, and Kamuela
Plantations Subdivisions to State Land Use Rural district and Residential -Agricultural
zoning.
The subject property was created on October 23, 1990 as one of the original 36
lots in the Anekona Estates Subdivision. Surrounding lands are zoned A -5a and RA -2a
and located within the State's Agricultural and Rural Districts. The adjacent property to
the east has been reclassified into the State Land Use Rural District and rezoned
Residential -Agricultural (RA -2a) by the County. Likewise, lands to the northwest,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
northeast, and east are similarly zoned. These lands are in residential uses and/or vacant
with minimal agricultural activities.
From 1998 to present, the County Council approved similar requests for State
Land Use Boundary Amendments from the Agricultural to the Rural districts, and
Change of Zones from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for
thirteen parcels in the Anekona Estates Subdivision. Three (3) similar requests in the
subdivision are pending before the County Council.
Therefore, a favorable recommendation of this change of zone request will be
consistent with the emerging land use pattern being established within this portion of
South Kohala.
Should this request be approved, the applicant may normally apply for an Ohana
Dwelling Permit, allowing the construction of a second dwelling unit as a separate or
attached unit on both lots. Because this subject request would allow the existing parcel to
be subdivided and subsequently allow the creation of a second lot, an additional dwelling
may be constructed, doubling the existing density of the area. Although the Planning
Director supports this rezoning request to allow a two -lot subdivision with one home on
each lot, the potential to allow four (4) homes may contribute to a cumulative burden on
the existing infrastructure which cannot be supported. Therefore, a condition is included
in the change of zone ordinance to prohibit a second dwelling unit and a Condominium
Property Regime on each lot. The applicant has stated that restrictive covenants will be
developed for the subdivision prohibiting ohana dwellings to preserve the residential -
agricultural ambience of the area.
The property was previously utilized for cattle grazing, but is currently not used
for any agricultural activities. The Federal Emergency Management Agency Flood
Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to
be outside of the 500 -year flood plain. The topography of the property is relatively level.
The property is unclassified by the Agricultural Lands of Importance to the State of
Hawaii (ALISH) System. Soils within the property and surrounding area is 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.
Both Anekona Street and Kanehoa Street provide accesses from Kawaihae Road
into the Anekona Estates Subdivision and the makai portion of the Kanehoa Subdivision.
Kanehoa Street is a connector road that leads into Anekona Estates Subdivision and runs
parallel to Kawaihae Road. Both Anekona and Kanehoa Streets have a 20 -foot wide
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
agricultural standard asphalt pavement with grass/gravel shoulders, within a 50 -foot
right-of-way. Direct access to the property is from Kanehoa Street. Similar change of
zones may occur in the Anekona Estates Subdivision as well as the adjacent Kanehoa
Subdivision, creating home sites and placing additional traffic burden on Kawaihae Road.
Therefore, conditions of approval have been included to ensure that the requested road
improvements be planned for either through a Federal transportation program or a fair
share contribution towards roads.
The site is serviced by County water and has two meters. One of the meters is
being relocated to comply with the Department of Water Supply's requirements for the
placement of meters to service the proposed two lots. As there is no municipal sewer
system in the area, the applicant would be required to dispose wastewater into a septic
tank system meeting the standards and requirements of the State Department of Health.
Underground electrical, telephone and cable services are available to the site. Police, fire
and emergency facilities are located in Waimea, approximately seven (7) miles east of the
property.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately six miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
are no identified recreational resources, historic resources, public access to the shoreline
or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources
or other natural and environmental resources in the area. Thus, the proposed request and
use of the property will not adversely impact those resources. Because the property and
surrounding areas have been previously grazed by cattle and altered with
agricultural/urban development, 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. Presently, there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site, nor existence ol'known valued cultural, historical or native resources in the area.
Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the area.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A -5a) to a Residential and Agricultural (RA -2a) zoned district would result
in an appropriate land use pattern that will further benefit the public.
For your favorable consideration, amendments to the State Land Use Boundaries Map H-14 for
the County of Hawaii and Section 25-8-7 (North and South Kohala Districts Zone Map) of
Chapter 25, Zoning Code, of the Hawaii County Code are transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
We are enclosing a copy of the staff background for your information.
Sincerely,
Fred Galdones, Chairman
Planning Commission
Lmooersanekona02PC
Enclosures
cc: Mr. Gregory R. Mooers
Mr. David Hamilton
Department of Water Supply
Department of Public Works
Rodney Haraga/DOT-Highways,Honolulu
State Land Use Commission
Planning Department - Kona
BMo mAnekonaREZ.doc-5/16/03
COUNTY OF HAWAPI PLANNING DEPARTMENT
BACKGROUND REPORT
GREGORY R. MOOERS
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-004)
CHANGE OF ZONE APPLICATION (REZ 03-009)
GREGORY R. MOOERS has submitted applications for a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone by changing the district
classification from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for
approximately five acres of land. The property is located in the Anekona Estates Subdivision, on
the south side of Kanehoa Street at `Ouli, South Kohala, Hawaii, TMK: 6-2-11:19.
APPLICANT'S REQUEST
Request: The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Rural and a Change of Zone from Agricultural (A -5a) to Residential and
Agricultural (RA -2a) to subdivide the property into two lots approximately two acres in
size. The property is currently CPR'd (Condominium Property Regime) into two units.
Upon subdivision of the property, the CPR will be extinguished. The applicant intends to
construct a dwelling on one of the proposed lots.
GENERAL INFORMATION
2. Landowner: David C. and Dorinda S. Hamilton, and Craig T. and Bonnie B. Paultler
are the landowners of the property. The landowners have consented to the request.
3. Supportive Information: The applicant has submitted the following in support of the
request. (See Exhibit A - State Land Use Boundary Amendment and Change of
Zone Applications)
STATE AND COUNTY PLANS
4. State Land Use Designation: Agricultural.
Hawaii State Plan Consistency: Socio -Cultural Advancement (Housing) objectives
and policies.
GP Consistency: Land Use (Single Family Residential) and Housing Elements.
GP LUPAG Map: Extensive Agricultural. The County is currently conducting a
comprehensive review update to the General Plan. One of the proposed amendments to
ATTEeC'r:: C-278
(bills 122 & 12S)
the LUPAG Map is to change the designation for the Anekona Estates and Kanehoa
Subdivisions, and both sides of the Kawaihae Road from Extensive Agricultural to Rural.
The area is currently residential/agricultural in character. The County Council has
approved several land use reclassifications in the Anekona Estates, Kanehoa and
Kamuela Plantations Subdivisions to the State Land Use Rural district and County
Residential -Agricultural zoning.
County Zoning: Agricultural (A -5a).
9. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use
Rural District and County Residential and Agricultural (RA -2a) district zoning.
However, there will be restrictive covenants for the subdivision that will prohibit ohana
dwellings to preserve the residential -agricultural ambience of the area.
10. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area. The intent of the Coastal Zone Management
Program is to guide and regulate public and private uses in the coastal zone management
area with respect to recreational resources, historic resources, public access to the
shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazards, managing development, public participation, and beach
protection.
11. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
situated within the Special Management Area. It is located approximately six miles from
the nearest coastline and therefore, will not be impacted by coastal hazard and beach
erosion. There are no identified recreational resources, historic resources, public access
to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,
marine resources or other natural and environmental resources in the area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
12. Subject Property: The subject property, located between Kanehoa Street on the north
and Keanuimano Stream on the south, is an approximately rectangular five -acre parcel
with a single-family dwelling. The property was previously used to pasture livestock.
The property has been graded to facilitate its use for pasturing animals and for residential
uses. The site slopes slightly from north to south at a grade between zero to five percent.
-2-
13. Anekona Estates Subdivision. The property was created on October 23, 1990 as one of
the original 36 lots of the Anekona Estates Subdivision.
14. Adjacent Land Uses: The adjacent property to the east has been reclassified State Land
Use Rural and rezoned Residential and Agricultural (RA -2a) by the County. Likewise,
lands to the northwest, northeast, and east are similarly zoned. These lands are in
residential uses and/or vacant with minimal agricultural activities.
15. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's
Agricultural and Rural Districts and in the County's Agricultural (A -5a) and Residential
and Agricultural (RA -2a) zoned districts. The Kanehoa Subdivision is located
immediately to the east of Anekona Estates Subdivision. The Kamuela Plantations
Subdivision, consisting of 10 lots, is located further to the east, and the Waimea
Landmark Estates Subdivision, consisting of 26 lots, is located to the north across the
Kawaihae Road. These subdivisions include mixed residential uses, vacant lands, and
very few residential/agricultural uses.
16. Previous Approvals: From 1998 to present, the County Council approved similar
requests for State Land Use Boundary Amendments from the Agricultural to Rural
Districts and Change of Zones from A -5a to RA -2a for thirteen parcels in the Anekona
Estates Subdivision. Three similar requests in the Anekona Estates Subdivision are
pending with the County Council. (See Exhibit B - Map of Anekona Estates
Subdivision)
17. AL1SH: Unclassified.
18. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
19. U.S. Soil Survey: Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent
slopes. Permeability is moderately rapid, runoff is medium, and the erosion hazard is
moderate. These soils are used for pasture.
20. FIRM: Zone X, area determined to be outside the 500 -year flood plain.
21. Flora/Fauna Resources: The natural vegetation occurring on the property consists of
buffle grass, fountain grass, spanish clover, prickly poppy, and yellow guava. No native
fauna was observed on the site. The site has been grubbed and previously used for
pasturing animals. There is no known or recorded rare or endangered animal or plant life
in the area.
-3-
22. Archaeological Resources: Rechtman Consulting conducted an archaeological field
inspection of the property. A letter was sent by the archaeologist to the State Historic
Preservation Division informing that "an inspection of the ground surface indicated that
the parcel had been completely graded in the past." Since the property was extensively
graded for development and previously used for cattle grazing, it is expected that no
archaeological or historic features exist on the property. Nevertheless, a condition will be
included to require the notification of the Department of Land and Natural Resources -
Historic Preservation Division should any archaeological sites be encountered during the
course of development.
23. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the area. Therefore, at this time, no
action is necessary to protect these rights.
24. Public Access: According to Planning Department's records, there is no record of a
designated public access to the shoreline or mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
25. Access: Access to the proposed subdivision is from Kanehoa Street via Kawaihae Road.
Kanehoa Street, a private roadway, has a 50 -foot right-of-way with a 20 -foot wide
agricultural standard asphalt pavement with grass swales.
26. Water System: According to the applicant, the site is serviced by County water and has
two meters. One of the meters is being relocated to comply with the Department of
Water Supply's requirements for the placement of meters to service the proposed two
lots.
27. Wastewater System: There is no municipal sewer system in the area. All lots in the
area dispose of wastewater through individual wastewater systems. Any structures on the
property would be required to dispose wastewater into a septic tank system meeting the
standards and requirements of the State Department of Health.
28. Essential Utilities and Services: Underground electrical, telephone and cable services
are available to the property. 'rhe nearest police and fire facilities are located in Waimea,
approximately seven (7) miles east of the property. Waimea is also the primary
employment and commercial center for this portion of South Kohala.
-4-
29. Recreational Facilities: The Waimea Park and Anuenue Playground are located
approximately six (6) miles east of the property. Spencer Beach Park is approximately
six (6) miles to the west of the site.
AGENCIES/ASSOCIATIONS - NO RESPONSES
30. Department of Public Works, Department of Water Supply, Real Property Tax
Office, Police Department, Fire Department, Department of Health, Department of
Land and Natural Resources - Land Division, Department of Transportation, Land
Use Commission, Department of Agriculture, Natural Resources and Conservation
Services, South Kohala Traffic & Safety Committee, and Anekona Community
Association
PUBLIC COMMENTS
31. The Planning Department has not received any written comments or objections from the
general public or adjacent landowners on the subject applications.
-5-
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
iLj
(Type or legibly print the requested information) Cuj',
DU-rr-rrnmvo• Greeory Mooers a.
PETITIONER'S SIGNA
ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743
PETITIONER'S INTEREST IF NOT OWNER: Agent for owners.
TE: 4/10/03
TELEPHONE: (Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-157a
LANDOWNER(S): David C & Dorinda S. Hamilton and Craig T. & Bonnie B. Pautler
LANDOWNER SIGNATU ATE: 4/4f /0-J,
(May be by letter)
ADDRESS: Hamiltons P O Aox 691 TctA T4nwaii 96741
Pautlers: 62-1249 Pu'uki Place Kamuela Hawaii 96743
TAX MAP KEY: (3) 6-2-011:019
STREET ADDRESS OF PROPERTY: 62-2365 Kanehoa Street Apt 2 Kamuela Hawaii 96743
g
ZONING:
Agricultural 5 -acres (A -5a) SIZE OF PROPERTY: 5.000 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
AGENT
D TA
P.O. Box 1101
U --ii QAIAI
TELEPHONE: (Bus.) 885-6839
(Res) 885-7126
(Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mooers COPIES: David C. Hamilton
(See Instructions onnI Reverse
irs Side)
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: Gregory Mooers
PETITIONER'S SIGNA
ADDRESS: Mooers Enterprises, LLC P.O. Box -1 101 Kamuela, Hawaii 96743
PETITIONER'S INTEREST IF NOT OWNER: Agent for owners.
TELEPHONE: (Bus.) 885-6839
LANDOWNER(S):
LANDOWNER SIGNATURE(S):
TE: 4/10/03
(Res.) 885-7126 (Fax) 885-1574
S. Hamilton and Craig T. & Bonnie B. Pander
(May be by letter)
ADDRESS: Hamiltons P O Bnx fiR3 Kamuela Hawaii 9fi743
Pautlers: 62-1249 Pu'uki Place Kamuela, Hawaii 96743
.TE: 4--10-03
TAX MAP KEY: (3) 6-2-011:019
STREET ADDRESS OF PROPERTY: 62-2365 Kanehoa Street Apt. 2 Kamuela, Hawaii 96743
ZONING: Agricultural 5 -acres (A -5a) SIZE OF PROPERTY: 5.000 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
AGENT: Gregory R. Mooers
Hawaii 96743
TELEPHONE: (Bus.) 885-6839
(Res.) 885-7126
(Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mooers COPIES: David C. Hamilton
(See Instructions on Reverse Side) .
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Gregory R. Mooers
APPLICANT'S SIGNATURE:�Z4Ifi&y4— -- --- DATE: 4/10/03
ADDRESS: Mooers Enterprises, LLC
P.O. Box 1101
Kamueal, Hawaii 96743
LIST APPLICANT'S INTERESTIF NOT OWNER: Agent for owners.
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.)885-6839 (Res.)885-7126 (Fax)885-1574
LANDOWNER(S): David C. Dorinda S. Hamilton and Craig T. & Bonnie B. Pautler
LANDOWNER SIGNATUS - DATE:
(May be by letter)
LANDOWNER(S) ADDRE amiltons:Box 683 Kamuela, HI 96743 Pautlers:62-1249 Pu'uki PI. Kamuela, 96743
REQUEST: Agricultural 5 -acres (A -5a) TO Residential -Agricultural 2 -acres (RA -2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 6-2-011:019
STREET ADDRESS OF PROPERTY: 62-2365 Kanehoa St. Kamuela, Hawaii 96743
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.000 acres
AGENT: Gregory R. Mooers
Mooers Enterprises LLC
P.O. Box 1101
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 885-6839 (Res.)885-7126 (Fax)885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mooers COPIES: David C. Hamilton
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Gregory R. Mooers
APPLICANT'S SIGNATURE: /% DATE: 4/10/03
ADDRESS: Mooers Enterprises, LLC
P.O. Box 1101
Kamueal, Hawaii 96743
LIST APPLICANT'S INTEREST IF NOT OWNER: Agent for owners.
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.)885-6839 (Res.)885-7126 (I
LANDOWNER(S): David C. & Dorinda S. Hamilton and Craig T. & Bonnie B. Pautler
Y aM l
LANDOWNER SIGNATURE(S): YAz- �
885-1574
DATE: Y `/r7 —Q3
(May be by letter)
LANDOWNER(S) ADDRESS: Hamiltons:Box 683 Kamuela, HI 96743 Pautlers:62-1249 Pu'uki Pl. Kamuela, 96743
REQUEST: Agricultural 5 -acres (A -5a) To Residential -Agricultural 2 -acres (RA -2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 6-2-011:019
STREET ADDRESS OF PROPERTY: 62-2365 Kanehoa St. Kamuela, Hawaii 96743
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.000 acres
AGENT: Gregory R. Mooers
ADDRESS: Mooers Enterprises LLC
P.O. Box 1101
Kamnela. Hawaii 96743
TELEPHONE: (Bus.) 885-6839 (Res.)885-7126 (Fax)885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mooers COPIES: David C. Hamilton
(See Instructions on Reverse Side)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone?
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide?
b. Into what lot sizes?
C. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval?
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
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 of subdividing the subject area, do you
intend to:
a• Sell or lease the land to someone who has firm plans?
b• Sell
or lease
the land to someone who has tentative plans?
C• Sell
or lease
the land to someone who has no plans?
d. Keep
it?
e
P. D. 2 5/84
Yes
5.000 acres
2+ acres
immediate
Yes
1
250,000
1 year
enclosed
I If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3• Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
The proposed action will create one additional residential -agricultural lot in South Kohala.
4. Are there any buildings on the subject area? Yes
If so, what kind?
There is presently one single-family home on the site owned by the Hamiltons.
What do you intend to do with those buildings if your request is
approved?
It will remain as the Hamilton's residence.
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? No
If so, did your plan include the following considerations?
a. Commodity to be prcduced?
What kinds of commodity?
b. suitability of the proposed lot -size for that commodity?
t• Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d, Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use:
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements? NO
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
a. schools
b. Roads
C Sewer
d. Drainage
-3-
Ye
Yes
e. Police Protection
f. Fire Protection
y, Recreational Facilities
h. Public Utilities
Other
No
X
X
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature
Address:
Telephone
Date:
P.O. Boo M01,
Kamuela, Hawaii 96743
885-6839
4/10/03
-4-
TABLE OF CONTENTS
Page
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS i
I. GENERAL INFORMATION 2
II. SUBJECT REQUEST/PROPOSED DEVELOPMENT 2
III. CONFORMANCE WITH STATE AND COUNTY PLANS
A. State Land Use Designation .................................................. 3
B. Applicable Goals/Policies and Objectives of the General Plan........ 5
C. General Plan Designation................................................... 8
D. County Zoning Code ......................................................... 8
E. Special Management Area ................................................... 8
F. Chapter 205A: Coastal Zone Management Act ........................... 8
G. Mountain Access............................................................... 9
IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting ........................ 9
Historic Resources................................................................ 11
Cultural Resources................................................................ 1]
Natural Resources Flora -Fauna) ................................................ I 1
Social -Economic Characteristics................................................ 1 1
SurroundingLands.................................................................. 12
I
V. PUBLIC FACILITIES AND UTILITIES
A.
Location........................................................................
13
B.
Water Service................................................................
13
C.
Utilities........................................................................
13
D.
Wastewater Disposal.........................................................
13
E.
Police Services. ................................................................
13
F.
Fire Services.....................................................................
13
G.
Public Recreation...............................................................
13
H.
Schools...........................................................................
13
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity :............................. 13
B. Mitigative measures proposed to avoid, minimize, rectify or reduce
impact:........................................................................... 14
C. Alternatives to the proposed development: .................................. 14
D. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented: ............................ 14
VII. PROPOSED FINDINGS 14
VIII. EXHIBITS
A. Location/Vicinity Maps
B. Change of Zone Exhibit
C. Site Photographs
ii
BACKGROUND
AW
COUNTY ENVIRONMENTAL REPORT
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO RURAL
CHANGE OF ZONE:
AGRICULTURAL 5 -ACRE TO
RESIDENTIAL -AGRICULTURAL 2 -ACRE
Tax Map Key: (3) 6-2-11:019
Ouli, South Kohala, Hawaii
Applicant: Gregory R. Mooers
The applicant, Gregory R. Mooers is seeking a State Land Use Boundary Amendment
from Agricultural to Rural and a Change of Zone from Agricultural 5 -acre (A -5a) to
Residential - Agricultural 2 -acres (RA -2a) for a 5.000 acre parcel located on the south
side of Kanehoa Street at Ouli, South Kohala, Hawaii, Tax Map Key (3) 6-2-11:019.
The property is presently CPR'd (Condominium Property Regime) into two units. These
requests are made to allow the subsequent subdivision of the property into 2 residential -
agricultural lots with related improvements consistent with the new zoning designation.
Once the subdivision is completed the CPR will be extinguished.
I
I. GENERAL INFORMATION:
David C. and Dorinda S. Hamilton and Craig T. and Bonnie B. Pautler are the fee owners
of the subject property. Mr. Mooers is an agent for the owners. The subject property is
Lot 19 of the Anekona Estates Subdivision. The property is presently a two unit
Condominium Property Regime, which will be extinguished once this boundary
amendment, change of zone and subdivision are completed.
II SUBJECT REQUEST/PROPOSED DEVELOPMENT:
A. The applicant is proposing to redistrict a 5.000 acre parcel from the agricultural
district to the rural district and change the zone from Agricultural 5 -acre (A -5a) to
Residential -Agricultural 2 -acres (RA -2a) to allow the subdivision of the property into
2 residential -agricultural lots in conformance with the new zoning designation.
B. The site presently has a single-family dwelling with the balance of the site vacant and
unused. This site has been previously used periodically to pasture livestock. The
property has previously been graded to facilitate its use for pasturing animals and for
the residential uses. Please see the site photographs in the exhibits.
C. The 5.000 acre lot is a roughly rectangular shaped lot located between Kanehoa Street
on the north and Keanuiomano Stream on the south. Please see the location map and
rezoning exhibit in the exhibits.
D. Access to the proposed subdivision will be from Kanehoa Street via Kawaihae Road.
Kanehoa Street has a 50' right-of-way with 16' of asphalt paving and grass swales,
E. There will be no interior roadways as both lots will have direct access onto Kanehoa
Street.
F. Underground utilities will be provided to each of the proposed 2 lots from the
Anekona Estates Subdivision's existing infrastructure that presently serves the single-
family dwelling on the site.
G. Construction on the newly created lot will begin immediately after all governmental
approvals are secured.
H. There will be restrictive covenants developed for the subdivision that will prohibit
ohana dwellings to preserve the residential -agricultural ambience of the area.
2
M. CONFORMANCE WITH STATE AND COUNTY PLANS:
A. State Land Use Designation:
The State Land Use District Classification of the subject parcel is Agricultural.
One component of this request is to re -district the Agricultural property to the
Rural District. It should be noted that since 1985, pursuant to State law, the
Counties are allowed to process amendments to the district classification if the
land area is less than 15 acres. In this case the subject parcel consists of 5.000
acres and no Land 1 Jse Commission ratification is required.
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be
included in this district if their inclusion will alter the general
characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not
less than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in areas where 'city -like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses.
The proposed redistricting is consistent with § 15-15-27 of the Hawaii Land Use
Commission Rules that determines the Permissible uses within the Rural district.
This states: "(a) Permissible uses within the rural district shall include the
following activities: (1)All uses permitted under section 15-15-25 relating to
agricultural uses and those uses that are compatible within the agricultural district;
(2) Low-density residential uses with a minimum lot size of one-half acre. The
commission for good cause may allow one lot of less than one-half acre, but not
less than 18,500 square feet, or an equivalent residential density, provided all
other lots in the subdivision have the minimum lot size of one-half acre. A
petition for variance may be processed under the special permit procedure
pursuant to subchapter 12. This exception shall apply to lots of record existing
prior to January 1, 1977, and of not more than two acres. There shall be no more
than one single-family dwelling per one-half acre, except as may be provided for
in this section." The proposed boundary amendment is for a similar agricultural
land uses and uses that are compatible to the Agricultural designation. The
proposed reclassification is also compatible with the statutory definition of Low-
density residential lots of more than one dwelling house. The applicant has and
would like to construct Single Family Dwellings. However, Chapter 205, Hawaii
Revised Statutes, does not authorize residential dwellings as a permissible use in
the Agricultural District unless the dwelling is related to an agricultural activity or
is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as
"a single family dwelling located on and used in conjunction with a farm,
including clusters of single-family farm dwellings permitted within agricultural
parks developed by the State, or where agricultural activity provides income to the
family occupying the dwelling." Thus, the requested boundary amendment would
be in the direction of fulfilling the permissible uses of the rural designation.
The reclassification action would also conform to the following goals, objectives
and/or policies articulated in the Hawaii State Plan relating to Socio -cultural
advancement - Housing objectives and policies:
(a) Planning for the State's socio -cultural advancement with regard to
housing shall be directed towards achievement of the following
objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and
desires of families and individuals.
(2) The orderly development of residential areas sensitive to
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate -income and gap -group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
B. Applicable Goals/Policies and Objectives of the General Plan:
A. ECONOMIC
GOALS
• Provide residents with opportunities to improve their quality of life.
• Economic development and improvement shall be in balance with the physical
and social environments 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.
M. LAND USE
Through the careful analysis and examination of past and present situations, the
following goals, policies, and standards are set forth to physically plan the lands in
the County in the best interest of the island's residents.
5
GOALS
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
POLICIES
• 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.
• Promote and encourage the rehabilitation and use of urban and rural areas
which are serviced by basic community facilities and utilities.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
• The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
STANDARDS
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access, and
public need.
H. HOUSING
GOALS
• 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.
Co
• 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 maintain 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 cornerstone of the County's housing programs and activities shall
continue to be the encouragement and expansion of appropriate home
ownership opportunities for our residents.
POLICIES
• The County shall encourage a volume of construction and
rehabilitation of housing sufficient to meet growth needs and correct
existing deficiencies.
• 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 review and amend if necessary land use ordinances
and codes to include considerations for rural -style residential
subdivisions in appropriate locations. Standards and criteria for the
establishment of these areas shall be developed.
F
C. General Plan Designation:
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of
action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non -urban
form for areas within the County. The proposed Rural boundary request also
conforms to the LUPAG Map which designates the area for Extensive
Agriculture. This request would allow rural development. The area under
consideration is consistent with the rural form established for this section of the
South Kohala District as depicted on the LUPAG Map. Based on the above
findings, including the General Plan's goals and policies, the granting of the rural
boundary amendment would complement and implement the General Plan.
D. County Zoning Code:
The original zoning for this parcels was Unplanned, but upon the approval of the
new zoning code on December 7, 1996, all Unplanned zone property was re-
designated as Agricultural 5 -acre (A -5a). One component of this request is to
change the zone of the property to Residential -Agricultural 2 -acres (RA -2a)
E. Special Management Area:
The subject property is not located within the County's Special Management Area
(SMA), and as such does not require a SMA permit.
F. Chapter 205A: Coastal Zone Management Act:
The subject property is located approximately seven miles from the shoreline
surrounded by a regional roadway system and rural -residential subdivisions and
vacant land. The proposed use of the subject property will not negatively impact
recreational resources, visual resources to or from the shoreline, including access to
and along the shoreline or coastal ecosystems. Therefore no scenic or open space
resources to the shoreline coastal view plane or coastal ecosystem will be negatively
impacted by the proposed action.
G. Mountain Access:
The subject property is surrounded by the regional roadway system vacant lands and
rural -residential subdivisions. The property is not used for access to the mountains
or any mountain feature, therefore no public access to these areas will be impacted
by the proposed action.
IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL
SETTING:
Physical Characteristics/Environmental Setting:
A. The 5.000 acre lot is a roughly rectangular shaped lot located between Kanehoa Street
on the north and Keanuiomano Stream on the south. Please see the location map and
rezoning exhibit in the exhibits.
B. The property's Kanehoa Street frontage is approximately 250 feet and the property
extends south to Keanuiomano Stream approximately 750 feet. The Keanuiomano
Stream frontage is approximately 330 feet.
C. Annual rainfall for the area is between 20 to 35 inches according to An Inventory of
Basic Water Resources Data: Island of Hawaii, published by the Department of Land
and Natural Resources.
D. The site is slopes from its northern boundary down to the southern boundary at a
grade between 0 and 5%.
E. The site presently has a single-family dwelling with the balance of the site vacant.
The site has been previously used periodically for pasturing animals. Please see the
site photographs in the exhibits.
F. The U. S. Geological Survey has categorized the island into nine zones of
comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9,
the lowest severity of hazard. The U. S. Geological Service designates the subject
property as Lava Hazard Zone 8; Only a few percent of this area has been covered by
lava in the past 10,000 years.
G. The site is located approximately seven miles from the ocean at Spencer Park.
H. The State Department of Agriculture's Agricultural Lands of Importance to the State
of Hawaii (ALISH) has no classification for this property.
I. The United States Department of Agriculture Soil Survey identifies the soil type to be
of the Puu Pa Soil series. The Puu Pa series consists of well -drained stony very fine
loams that formed in volcanic ash. The soils are gently sloping and most areas are
extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500
feet and receive between 20 to 35 inches of rainfall annually. Their mean soil
temperature is between 69 degrees and 71 degrees. The natural vegetation consists of
bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and
Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Pun
Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 %
slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea,
and the Kohala Mountains. In a representative profile the surface layer is very dark
brown extremely stony very fine sandy loam about 6 inches thick. The next layer is
dark brown and dark yellowish brown very stony very fine sandy loam about 34
inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to
slightly acid in the surface layer and neutral in the substratum. In places the surface
layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is
moderate. Roots penetrate to the fragmental Aa lava.
J. The Land Study Bureau's overall master productivity rating system classifies the soil
as Class "E" or Very Poor for agricultural use.
K. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army
Corps of Engineers, the property is in Zone "X", an area outside the 500 -year flood
plain.
10
Historic Resources:
Since the site has been previously grazed by cattle and extensively graded for
development, it is expected that no archaeological features exist on the property or that it
provides a habitat for endangered plants or animal species. There is no evidence of
historical or cultural features on the parcel, nor did the records in the Planning
Department disclose any significant findings attributable to the subject property.
Cultural Resources:
No valued cultural, historical or natural resources exist on the subject property and no
gathering is taking place. 'to the extent to which traditional and customary native
Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian
rights, therefore no action is necessary to protect those rights.
Natural Resources (Flora -Fauna):
The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly
poppy and yellow guava. As previously mentioned, the site has been grubbed and
formerly used for pasturing animals. Common animal species in the area include field
mice and mongoose. There is no known or recorded rare or endangered animal or plant
life in the area.
Social -Economic Characteristics:
Social settlement pattern jor the area: Waimea, along with the rest of South Kohala, has
undergone significant change over the past two decades as resort development along the
South Kohala coastline has grown and the base facilities for astronomy research have
been developed in town. This area has been a ranching community for many years, the
home of Parker Ranch and many smaller cattle operations. Farmers have settled in the
area to grow truck crops for the Big Island and the rest of the state. There are retirees
from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns
of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the
South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii
11
Preparatory Academy has attracted many families with their national reputation as a high-
quality college preparatory school.
Economic resources of the area: This ranching community is the home of numerous
ranching and farming activities. Many residents are actively engaged in commercial
agricultural activities. More recently residents have found employment at the resorts on
the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened
and this has provided a number of employment opportunities in the health care and
related fields. Hawaii Preparatory Academy and Parker School are valued resources for
the area. Waimea is also the host town for the headquarters of the Keck and CFH
telescopes atop Mauna Kea.
Land Values: According to knowledgeable Realtors in this area, similar agricultural 2 -
acre lots in this immediate area sell for $200,000 to $275,000.
Surrounding Lands:
Land Use/Zoning:
Of the adjacent parcels, some are in the State Rural District and zoned RA -2a by the
County. There are fourteen other properties similarly zoned in the Kanehoa and Anekona
Subdivisions. The remaining surrounding properties are located in the State's
Agricultural District and in the County's Agricultural 5 -acre and 1 -acre zones. Kamuela
Plantations, A -5a, is immediately east of the Kanehoa subdivision and Anekona
subdivision, A -5a, is immediately west. The Ouli subdivision, A -la, located further to
the west of the site is undeveloped at this time.
There is a small State classified urban area located below the site that hosts an affordable
housing project, Ouli Ekahi.
The uses of the property in the immediate area are rural/residential in character with
minimal agricultural activities.
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V. PUBLIC FACILITIES AND UTILITIES
A. The property is located on Kanehoa Street a private 50' wide right-of-way with 16' of
asphalt paving and grass swales.
B. The site is serviced by Department of Water Supply water and presently has two
meters. One of the meters is being relocated to comply with the Department of Water
Supply's requirements for the placement of meters to service the proposed two lots.
Please see the site plan for the location of these two meters.
C. Electrical, telephone and cable service are provided to the project site via the
underground utility service of the Anekona Estates subdivision.
D. This area is not serviced by a municipal sewer system. All lots in this area dispose of
wastewater through individual wastewater treatment systems. The applicant
proposes that any structures built on the subject parcel would use an individual
wastewater treatment system meeting with the standards and requirements of the State
Department of Health.
E. The nearest police station is located seven miles east of the site in Waimea.
F. The nearest fire station is located seven miles east of the site in Waimea.
G. The nearest public recreation facility is Waimea Park and Anuenue Playground
located six miles east of the site. Hapuna Beach Park is seven miles to the west of
the site. Spencer Beach Park is located six miles west of the site.
H. Public schools (six miles east) and private schools (4 miles east) provide educational
services to the area.
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance and
enhancement of long term productivity: In terms of the relationship between short-
term use of man's environment and the maintenance and enhancement of long-term
productivity, no short-term exploitation of resources that would entail negative long-
term consequences has been identified for the proposed action.
13
B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All
construction on the site will comply with all governmental regulatory controls to
mitigate noise and dust during the construction period. All structures and
infrastructure improvements constructed will comply with all federal, state and county
requirements. All important cultural, historical and natural resources will be treated
in accordance with agency requirements.
C. Alternatives to the proposed development: One alternative to the proposed action
would be to leave the parcel with the one single-family dwelling and leave the balance
of the property vacant and undeveloped. This would not allow the development of an
additional lot for residential -agricultural purposes in this desirable area of South
Kohala. It would also not increase the real property tax base as the proposed action
would.
D. Irreversible and irretrievable commitments of natural resources that would be
involved if proposed action is implemented: The construction of one additional rural
residential unit would involve the irreversible and irretrievable commitment of
negligible quantities of natural resources. The conditions applied to this request
would help insure the protection of the natural and cultural resources on the property.
There are presently no such conditions placed on the property.
VII. PROPOSED FINDINGS:
Given the conformance with all established State and County goals, policies and
plans; the physical characteristics of the site and surrounding area; the present
zoning and uses of the surrounding area; the minimal impact on public facilities and
services; the minimal impact on the environment; the applicant requests a favorable
consideration of these boundary amendment and change of zone applications.
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EXHIBIT A
LocationNicinity Maps
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EXHIBIT B
Change of Zone Exhibit
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