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HomeMy WebLinkAboutCOM 0327.000 1996-1998Stephen K. Yamashiro Mayor May 20, 1997 (911 ufv lof'Pttfunn 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 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 97-2) Applicant: Marion P. K. Bush Request: A -5a to FA -la Tax Man Key; 8-2-8:57 William G. Davis Managing Director Henry Cho Deputy Managing Director 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, X II;,� `btephen K. Yamashiro Mayor AK: syw LBushMOLMAY Enclosures cc: Planning Commission REZ 97-2 6'.11 9,2. ik:au. lYo. �1 ...... . MAY 2 I ]g 1£eY. i}+tee -- Stephen K. Yanwhiro Maywt hl;Re ri , 1997 Gullfv of 'Pufun t PLANNING COMMISSION 25 Aupuni Street, Ra 109 • Hilo, Hs"H %720-4252 (808) %1-8258 Fu (805) %1-%15 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 97-2) Applicant: Marion P. K. Bush Request: A -5a to FA -la Tax Man Key: 8-2-8:57 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 7.429 acres of land from Agricultural (A -5a) to Family Agricultural (FA -la). The property is located along the north side of Napoopoo Road and adjacent (makai) to the old Coffee Mill site at Kahauloa 2nd, South Kona, 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 quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed Change of Zone from an Agricultural (A -5a) to Family Agricultural (FA -la) zoned district would conform to the following goals, policies and standards of the Land Use and Agriculture Elements of the General Plan: 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 Protect and encourage the intensive utilization of the County's limited prime 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 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. 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 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 agricultural uses may exist, the project site soils are Kainaliu very stony silty clay loam. The Kainaliu series consists of well -drained loams that formed in volcanic ash. This series is characterized by extremely stony silty clay loams that formed in volcanic ash. Soils are moderately steep soils on property ranging from 800 to 1,200 feet elevation. Vegetation consist of guava, lantana, koa and guinea grass. Most of the acreage is used for coffee, macadamia nuts and pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified as "Other Important Agricultural Land" Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 by the ALISH system. "Other Important Agricultural Land" are lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural uses. The requested FA -la zoning will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Orchard" designation by the General Plan LUPAG Map and "Other Important Agricultural Land" designation by the ALISH system. 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 to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationships among the various land uses. The LUPAG Map establishes the basic urban and non -urban land use pattern for areas within the County. The requested zone change conforms to the LUPAG Map, which designates the area for Orchards. These lands are used for coffee, macadamia nuts and pasture. Small acreages are used for truck crops. The applicant's proposal to subdivide the subject property into six parcels of approximately 1 acre in size is consistent with the land use designation. The smaller one acre lot size will provide opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 5 -acre parcels. The Land Study Bureau's Soil Rating for the subject property is "Class E" or "Very Poor." The Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the property as "Other Important Agricultural Lands." The primary reason for this request is to subdivide the subject property into six (6) lots for the family of the applicant. The lands will continue to be used for the cultivation of crops. Therefore, the reclassification of this 7.429 -acre parcel from Agricultural -5 acre (A -5a) zoned district will not be detrimental to the area. The requested change of zone would be in conformance with the intent and purpose of the State Land Use Law. A condition of this approval recommendation will require the applicants to comply with the requirements of the State Land Use Law and the Zoning Code. To ensure that the agricultural uses in the surrounding area will be maintained, a condition of approval will require that restrictive covenants be included in the property deeds relating to the Right to Farm Act. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed agricultural use. Lands surrounding the subject property are zoned Agricultural (A -5a and A -la). The subject property was used for cattle grazing and agricultural purposes. Therefore, it is not anticipated that endangered or threatened candidate species of flora or fauna nor significant archaeological sites are located on the subject property. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Water for the proposed project can be made available from a 5/8 -inch waterline. All other essential utilities and services can or will be made available to the subject development. All access improvements shall comply with the State Department of Transportation and the Department of Public Works requirements. A condition of approval is being included to ensure that these infrastructural improvements are installed. Based on the foregoing, the approval of the Change of Zone request from an Agricultural (A -5a) to Family Agricultural (FA -la) zoned district would result in an appropriate land use pattern that will further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to Section 25-8-4, the South Kona Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission AK: syw LBushM02.PC Enclosures cc: Mr. Gregory R. Mooers Ms. Marion Bush Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu B BUW,101. emm-03\06\ 97 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MARION K. BUSH CHANGE OF ZONE APPLICATION NO, 97-2 MARION K. BUSH, has submitted an application for a Change of Zone for approximately 7.429 acres of land by changing the district classification from Agricultural (A -5a) to Family Agricultural (FA -la). The property is located along the north side of Napoopoo Road and adjacent (makai) to the old Coffee Mill site at Kahauloa 2nd, South Kona, Hawaii, TMK: 8-2-8:57. GENERAL INFORMATION 1. Owner: Marion P.K. Bush is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. Request: The owner wishes to subdivide the property into a total of six (6) lots with the minimum 1 acre lot size. 3. Objectives: "This subdivision will create four lots for the Bush family and their children for agricultural and housing purposes. Two of the lot are intended to be sold for the purpose of providing funds to do the infrastructure for the remaining four lots." 4. Additional Information: The applicant has submitted the following in support of the request: (See Exhibit A - Applicant's Change of Zone Application dated January 25, 1997) DESCRIPTION OF COUNTY & STATE PLANS 5. SLU Designation: Agricultural. 6. GP LUPAG: Orchards. 7. ALISH: Other Important Agricultural Land. 8. General Plan Consistency: Economic, Housing, Land Use elements goals, policies and courses of action for South Kona. 9. Hawaii State Plan Consistency: Economic and Housing objectives and policies. Attach. C-327 (B-92) 10. Zoning: Agricultural 5 -acres (A -5a). 11. Special Management Area (SMA): The property is situated within the Special Management Area. Therefore, a Special Management Area Use Permit Application shall be filed prior to submittal of the proposed subdivision application. 12. Chapter 343 HRS (EIS): The subject property falls within the Kealakekua Bay Historic District. Therefore, compliance with Chapter 343 (EIS) will be required at the time of submittal of the Special Management Area Use Permit Application. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 13. Subject Property: The subject property is an irregular shaped lot. 14. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site as Kainaliu very stony silty clay loam. The Kainaliu series consists of well -drained loams that formed in volcanic ash. This series is characterized by extremely stony silty clay loams that formed in volcanic ash. Soils are moderately steep soils on property ranging from 800 to 1,200 feet elevation. The average rainfall is 40 to 60 inches. The mean average temperature is between 71 and 73 degrees F. Vegetation consist of guava, lantana, koa and guinea grass. Most areas of this soil follow the pattern of the lava flows and are long and narrow, but some are isolated and surrounded by recent flows. Most of the acreage is used for coffee, macadamia nuts and pasture. A small acreage is used for truck crops. 15. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. This soil is unsuited for machine tilling. 16. Agricultural Lands of Importance to the State of Hawaii (ALISH) system: Soils within the subject property are classified as "Unclassified" by the ALISH system. 17. FIRM: The subject property is located outside the 500 -year flood plain (Zone X). Portions of the property lie within the "AE" zone, an area within the 100 -year flood plain. 18. Flora: Vegetation consists of guava, lantana, koa and guinea grass. The parcel has been previously used for cattle pasture and agricultural purposes. 1WM 19. Fauna: No native fauna was observed on the site. Feral cats, rats, and mice are likely to inhabit or utilize the area. 20. Archaeological Features: According to the November 27, 1992 letter from Department of Land and Natural Resources -Historic Preservation Division, the subject property was inspected by their staff March Smith, and no historic sites were present on the parcel. (See Exhibit B - November 27, 1992 Letter). 21. Surrounding Land Uses/Zoning: The area surrounding the parcel is zoned Agricultural -5a with property ranging in size of .5 acre to 12 acres. Kealakekua Bay Estates Subdivision is located approximately 800 feet to the east of the subject parcel and is zoned Agricultural -la. Uses in the area are in agricultural activities or vacant. PUBLIC UTILITIES AND SERVICES 22. Roads: Access is off Napoopoo Road. Napoopoo Road has a 50 foot right-of-way. 23. Water: Water services are available to the property 24. Essential utilities and services: Available to the subject property. AGENCIES' COMMENTS 25. Department of Health (February 13, 1997 Memo): "Health Department found no environmental health concerns with regulatory implications in the submittals." 26. Land Use Commission (February 11, 1997 Letter): "We have reviewed the subject application transmitted by your memorandum dated February 6, 1997, and confirm that the subject parcel is located within the State Land Use Agricultural District. "We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application." 27. Real Property Tax Office ( February 20, 1997 Memo): "Property is dedicated. Possible rollback taxes. "Subject to rollback taxes at subdivision to parcels of 5ac or less. "Real Property taxes are paid through December 31, 1996." Ism 28. Police Department (February 26, 1997 Memo): "We have reviewed the above application for a change of zone and have no comments to offer at this time." 29. Department of Transportation (February 18, 1997 Letter): "Thank you for your transmittal of February 6, 1997, requesting our comments on the subject application. "The proposed zone change is not anticipated to have an adverse impact on our State transportation facilities. "We appreciate the opportunity to provide comments." 30. Office of Housing and Community Development (March 3, 1997 Memo): "The Office of Housing and Community Development (OHCD) offers the following comments: Affordable housing conditions, pursuant to current Hawai'i County Housing Agency policy, should be applicable to the request. "Thank you for the opportunity to comment." 31. Department of Land and Natural Resources (March 6, 1997 Memo): "We have reviewed the subject application and would like to offer the following comments: "We confirm that a small portion of the proposed project site along Napoopoo Road is located in Zone AE, an area within the 100 -year flood plain with base flood elevations determined. We also confirm that the remainder of the site is located in Zone X (unshaded). This is an area outside the 500 -year flood plain, and not simply "flood plain" as stated in the application. "Thank you for the opportunity to review the subject application. We have no further comments to offer at this time. If you have any questions, please contact Al Jodar of the Land Division at 587-0424." 32. Fire Department: (See Exhibit C - March 3, 1997 Memo) 33. Department of Public Works: (See Exhibit D - February 26, 1997 Memo) -4- 34. Applicant's Response to Department of Public Works, Office of Housing and Community Development and Fire Department: (See Exhibit E - March 19, 1997 Letter) (v J, aIAu J,.D) tl"'st\•1"" 35. Department of Water Supply: (See Exhibit F - April 22, 1997 .Memo) AGENCIES - NO RESPONSE 36. Department of Agriculture and Department of Parks and Recreation. PITBLIC COMMENTS 37. The Department has not received any comments or objections from the general public or adjacent landowners. 5- OOV[ANOR OF MAw-1 CON. STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATS HISTORIC PRESERVATION DIVISION 77 SOUTH KINO STEIEET, STM FLOOR HONOt ULU. HAWAII 80013 *—.W— - ,November 17, Lm9 Mr. Norman Hayashi, Director Planning Department County of Hawaii 25 Aupwn Street Iblo, Hawaii 96720 P-c.ir W. Hayashi: "LL1AN M. FATY. CRMRFES/ON OCAPD OF LANG ANO NATURAL AE[ f DEOVTI[S JONN P. KEPgLEK E WHA L. NANAEE[ AWACULTUM OEKLOPM PROaAAAE A W ATIC "ICUE10E[ CON*ZR ATNN AAO e NVIRDNMSWAL AFFAIA CONGEnVAT10N ANO AE000P to EVEOACeMFN CONVEYANCE[ FOAe[TRY AAn W%mm WMNCP G[ VATION DIN[ION U O MANAOEMENT VTAT- FAPRA WATER ANO LAN OEVELOFM W 1 LOG NO: 6791 DOC NO: 9211 KS 14 JECT: Change of Zoning Application— Marion Bush, Napoopoo Kahauloa 2nd, South Kona, Island of Hawaii TNM: 8-2-08: 057 Our Hilo Office staff member, Marc Smith conducted a field check of the subject property. He observed that the parcel has been extensively grubbed recently. At present, property is being used for tomato truck farming enterprises. It is unlikely that :ucant historic sites still are present on the subject property. ;: your office should have any fitrther questions, please contact Kanalei Shun at 587-0007. ,•ncccely, DON ROBARD, Administrator State Historic Preservation Division KS:sty EXHIBIT .I3, Stephen K Yamashiro Mayor March 3, 1997 dxrun#g of pz6nii FIRE DEPARTMENT 777 Kilauea Avenue • Mall lane, Room 6 • Hilo, Hawaii 96720-Y239 1808) %1.8297 • Fu (8011) %1.82% To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 97-2) APPLICANT: MARION P. K. BUSH REQUEST: A -5a TO FA -la TAX MAP KEY: 8-2-08:57 Nelson M. Tsu'. Fire Chief Edward Bumatay Deputy Fire Chief The Fire Department's requirements as stated in the Fire Code are: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT C t 02023 TO: Virginia Goldstein, Planning Director Page 2 March 3, 1997 113. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by'the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 March 3, 1997 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 11(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." "INSTALLATION AND MAINTENANCE OF FIRE -PROTECTION, LIFE -SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. To: Virginia Goldstein, Planning Director Page 4 March 3, 1997 "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e-) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived.,, NMT/mo DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO. HAWAII DATE February 26, 1997 To : Planning Director FROM A n M.Kuba Chief Engineering Division SUBJECT: Change of Zone Application (97-2) Applicant: Marion P.K. Bush Location: Kahauloa 2nd, South Kona, HI TMK: 8-2-08:57 We have reviewed the subject application and offer the following comments: Drainage 1. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 2. 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. 3. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. 4. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. 5. The FEMA map shows that portions of this parcel lie within flood zone "AE'. All plans must clearly delineate the limits of the flood zone. EXH1511 ,.p Memo to Planning Director February 26, 1997 Page 2 Roadways 6. Vehicular access shall meet with the approval of the Department of Public Works. The sight distance must meet the requirements of the Statewide Design Manual. 11LUTIUR© cc: Engineering - Hilo Engineering - Kona Planning - Kona March 19, 1997 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 MOOERS ENTERPRISES P.O. Box 1 101 KAMUELA, HAWAII 96743 Re: Change of Zone Application (RE, Z 97-2) Agricultural five -acre (A -5a) to Family Agricultural one -acre (FA -1a) Applicant: Marion K. Bush Tax Map Key: (3) 8-2-08:57 Portions of R.P. 4513, Mahele AW. 32 and RP. 1930, L.C. AW. 387, Part 4, Section 2 Kahauloa 2nd, South Kona, Island of Hawaii, Hawaii Dear Ms. Goldstein: I am in receipt of the comments from the Department of Public Works, the Fire Department and the Office of Housing and Community Development related to the above noted application. I have reviewed these comments and offer the following response. Public Works - Engineering Division: 1. The applicant will dispose all generated run-off on site and will not direct said water to adja- cent properties. 2. If dry wells are required, they will be in compliance with all Department of Health rules and regulations. 3. If a drainage system is required, it will be installed meeting with the approval of the Depart- ment of Public Works. 4. All grading and grubbing activities will comply with Chapter 10 of the Hawaii County Code. 5. All plans will identify the limits of the "AE" flood zone. 6. Vehicular access shall meet with the approval of the Department of Public Works. Office of Housing and Community Development: This is a six lot agricultural subdivision that will provide farming and dwelling opportunities for the Bush family. As such, the applicant does not believe that Resolution 65, Interim Affordable Housing Policy, applies to this agricultural subdivision. EXHIBIT PM39 FAX (BOB) 885-1574 Ms. Virginia Goldstein March 19, 1997 Page Two Fire Department: The comments by the Fire Department are a recitation of portions of the Fire Code. All improvements to the property will be in compliance with this code. Since this is an agricultural subdivision many of these quoted requirements are not applicable. As improvements (farm dwellings) are constructed, requirements of the Fire Code will be met through the Plan Approval process. If you or your staff have any questions in regard to these responses, please contact me directly. Thank you for your prompt attention to this application. Since ely, Grego Mooers President GRM:sp cc: Public Works Fire Department Office of Housing and Community Development April 22, 1997 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 25 AUPUNI STREET HILO, HAWAII 96720 T E L E P H O N E (808) 9(99XX28% F A X 18081 SV006601,919 961-8660 961-8657 TO: Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION NO. 97-002 APPLICANT - MARION P.K. BUSH TAX MAP KEY: 8-2-008:057 We have reviewed the subject application for the proposed change of zone. Water for the proposed change of zone can be made available from an existing 8 -inch waterline along Napoopoo Road. For your information, the property is presently serviced by an existing 1 -inch meter that is capable of providing domestic water for an equivalent of seven (7) units or 4,200 gallons per day at 600 gallons per day per unit. This is equivalent to seven (7) 5/8 -inch meters. Therefore, we have no objections to the subject application. However, should the proposed change of zone be approved, and a 6 -lot subdivision application be executed, approval will be subject to the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. cut and plug the existing 11 -inch service lateral at the main, b. service laterals that will accommodate a 1/8 -inch meter to each lot, and C. a fire hydrant. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance of $6,750.00. This is based on five (5) additional units at $2,700.00 per unit with a credit of $6,750.00 for the existing one -inch meter. For the applicant's information, should the installation of the water system improvements be completed after July 1, 1997, the facilities charge balance owed would be $8,437.00, pursuant to a rate increase approved by the Water Commission. This balance is based on five (5) additional units at $3,375.00 with a credit of $8,438.00 for the existing one -inch meter. Exhibit F A I If Planning Department Page 2 April 22, 1997 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this approval, at which time water availability will be subject to the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, the applicant may contact our Water Resources and P nning Branch at 961-8660. J (Mi ton Pavao, P.E. Manager GGA:gms copy - Ms. Marion P.K. Bush Mooers Enterprises Customer Service Sections (Hilo, Kona, Waimea, Ka'u) CHANGE OF ZONE APPLICATION MARION K. BUSH Agricultural Five Acres (A -5a) to Family Agricultural One Acre (FA -la) TMK: (3) 8-2-8:57 Portions of R.P. 4513, Mahele AW. 32 and R.P. 1930, L.C. AW. 387, Part 4, Section 2 Kahauloa 2"d, South Kona, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises January 25, 1997 to ExWW%A "'X C,3.2-1 9J.) APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Marion K. B a APPLICANT'S SIGNATURE ADDRESS: P.O. BoxjPgSKealakekua, Hawaii 96750 t LIST APPLICANT'S INTEREST IF NOT OWNER Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS TELEPHONE -BUSINESS: 323.C10!3 RESIDENCE: REQUEST: Agricultural 5 acres A -5a TO Famil (Existing zoning) TAX MAP KEY: 8-2-08:57 Proposed zon AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: LANDOWNER(S)' Marion K. Bush OWNER'(S) SIGNATORY AUTHORI 7.429 acres see applicant's signature be by letter) AGENT: Gregory R. Mooers, Mooers Enterprises ADDRESS: P. O. Box 1101, Kamuela, Hawaii 96743 TELEPHONE -BUSINESS: (808) 885-6839 RESIDENCE: (808) 885-7126 Please indicate to whom original correspondence and copies should be Sent. ORIGINAL Gregory R. Mooers COPIES Marion Bush Agricultural Rezoning 1 2. 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? 7.429 acres 1 to 2 acre! .... e s not for sale not for sale not for sale 1 year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. included 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. Other (please state) P.D. 2 5/84 3 4 5 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. Do you think that your request and your further plans for the land will alleviate the local housing situation? —yes How? This subdivision will create four lots for the Bush family and their children for agricultural and housing purposes. Two of the lot are intended to be sold for the purpose of providing funds to do the infrastructure for the remaining four lots. Are there any buildings on the subject area? If so, what kind? What do you intend to do with those buildings if your request is approved? 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. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? vpG a. Commodity to be produced? Yes What kinds of commodity? Coffe, papayas, tomatoes, flowers b. Suitablility of the proposed lot -size for that commodity? Yes C. Sufficient farm size to allow reasonable chance of success in Yes 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? No Please state the proposed type of arrangement. The intention is to create agricultural opportunities for the Bush family. Some products will be for commercial uses and some will be for the personal consumption of the family. 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. enclosed 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. There is a small portion of the property in the AE zone near Napoopoo Road. This flodd area was actually addressed by a a project of the SWCD. Tom Pack has informed us that this was done. 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- Yes No X X M Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: 77) Z2,r /� . Address: P. 0. Box INIS Kealakekua, Hawaii 96750 Telephone: 323- 90/3 Date: January 15, 1997 -4- CHANGE OF ZONE REQUEST - Agricultural 5 -acre (A -5a) to Family Agricultural one acre (FA -la) TMK: (3) 8-2-8:57 Portions of R.P. 4513, Mahele AW. 32 and R.P. 1930, L.C. AW. 387, Part 4, Section 2 Kahauloa 2"d, South Kona, Island of Hawaii, Hawaii APPLICANT'S REQUEST The applicant, Marion K. Bush, is requesting a Change of Zone from the County's Agricultural 5 -acre (formerly Unplanned) to Family Agricultural one acre (FA -1a) for 7.429 acres of land on Napoopoo Road, Kahauloa, South Kona, immediately adjacent to and west of the old coffee Mill, more specifically identified as Tax Map Key: (3) 8-2- 8:57. PROPOSED DEVELOPMENT 1. The applicant is proposing to create a six (6) lot family agricultural subdivision with minimum lot sizes of one acre. 2. The applicant proposes to cluster four of the lots around a common access point from Napoopoo Road for the Bush family, see Exhibit "A", Rezoning Exhibit. The other two lots will access from another area on Napoopoo Road that meets with the requirements of the County Department of Public Works. 3. Water is available to the site and meters will be placed along Napoopoo Road in compliance with all requirements of the Department of Water Supply. Please see Exhibit "B". 4. The applicants will install a drainage system that meets with the approval of the Department of Public Works. 5. The applicant will install individual sewage treatment system in conjunction with the construction of individual homes. These systems will comply with all rules of the State Department of Health. 6. The applicant does not intend to construct any roadways for this project. APPLICANT'S STATEMENT 7. In support of this application, the applicant has submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use designation is Agricultural. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Orchards. As such, this request would be in compliance with the General Plan LUPAG map. 10. The subject property is located within the County Agricultural 5 acre (A -5a) zone. Previous to the adoption of the new Zoning Code the property was classified as Unplanned. 11. The property is located within the Special Management Area (SMA) of the County of Hawaii. 12. The property is located within the State's Kealakekua Bay Historic District. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 13. The property is a 7.429 acre parcel located directly west of the old Coffee Mill on Napoopoo Road. 14. This site is presently unused and has been recently grubbed for preparation for agricultural uses. There are no significant trees or other vegetative features on the property. 15. Since the site was previously used for the grazing of cattle and agricultural uses, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 16. There is no evidence of historical or cultural features on the parcel, nor did the records at the County Planning Department uncover any significant findings attributable to the area or subject property. Please see Exhibit "C", a November 17, 1992 letter from Don Hibbard to the County Planning Department. 17. Common animal species in the area include field mice, mongoose, and stray domestic animals such as cats or dogs. There is no known or recorded rare or endangered animal or plant life on the property. 18. The topography of the site is fairly level with slopes between 0 and 10 percent. There is a small portion near the western boundary of the site fronting on Napoopoo Road that reaches grades of 20 percent. 19. The average annual rainfall is between 40 to 60 inches. 20. The U.S. Department of Agriculture Soil Survey Report identifies the soil on the property to be of the Kainaliu Series variety; Kainaliu very stony silty clay loam. 21. The Kainaliu series consists of well -drained loams that formed in volcanic ash. This series is characterized by extremely stoney silty clay loams that formed in volcanic ash. These soils are moderately steep soils on property ranging from 800 to 1,200 feet elevation. The average rainfall is 40 to 60 inches. The mean average temperature is between 71 and 73 degrees F. Vegetation consist of guava, lantana, koa and guinea grass. Most areas of this soil follow the pattern of the lava flows and are long and narrow, but some are isolated and surrounded by recent flows. Most of the acreage is used for coffee, macadamia nuts and pasture. Small acreage are used for truck crops. 22. According to the Land Study Bureau Overall Productivity Ratings system, the area has a Class `E" rating, very poor. 23. The U.S. Army Corps of Engineers Flood Insurance Rate Map (FIRM) has designated the property to be outside of the flood plain (Zone 'X'), other than a small portion of the property along Napoopoo Road, which is in the "AE" zone. The Soil Conservation Service has installed a large box culvert on the other side of Napoopoo Road, the Napoopoo Road Diversion Project. That project, according to Tom Pack of the Kona office of the Department of Public Works, now channelizes the water on the other side of the road. A letter of map revision (LOMR) was never done, but Mr. Pack believes that this area is no longer subject to flooding. The applicant does not plan to develop this area and will create a drainage easement if so required by the Department of Public Works. 24. Most of this area is zoned Agricultural 5 -acre (previously Unplanned), except for the Kealakekua Bay Estates subdivision, located east of the subject property that is zoned Agricultural 1 -acre. There are many non -conforming lots in the area that are below the five acre minimum size. 25. This area is used primarily for farm estates, subsistence lots and small scale agricultural operations. PUBLIC FACILITIES AND UTILITIES 26. The applicant does not intend to construct any roadways in conjunction with this project. 27. The Department of Water Supply has advised us that there is water available for this project. Please see Exhibit `B", a July 26, 1996 letter from Milton Pavao, Manager of the Department of Water Supply, indicating that there is adequate water for up to seven lots in this location. 28. This area is not serviced by a municipal sewer system. Domestic sewage disposal will be by individual wastewater treatment systems approved by the State Department of Health. 29. Both telephone and electrical service can be made available to the property. 30. The applicant intends to install a drainage system that meets with the approval of the Department of Public Works (DPW). 31. The County of Hawaii has a police substation and fire station in Captain Cook, less than three (3) miles from the subject property. 32. The State Department of Education has the Konawaena elementary and secondary schools in Kealakekua, approximately five miles from the project site. Honanau elementary school is approximately three (3) miles from the site. 33. There are recreational facilities located in Kealakekua Bay, Captain Cook and Honaunau, all within three miles of the site. APPLICANT'S STATEMENT FOR CHANGE OF ZONE REQUEST - Agricultural Five -acre (A -5a) to Family Agricultural one acre (FA -la) TMK: (3) 8-2-8:57 Portions of R.P. 4513, Mahele AW. 32 and R.P. 1930, L.C. AW. 387, Part 4, Section 2 Kahauloa 2"d, South Kona, Island of Hawaii, Hawaii A. The project area is a blend of small-scale agricultural operations associated with residential activities and is characterized by farm estates, small acreage farms and subsistence lots. As such it meets the criteria in Section 25-5-60 of the County of Hawaii Zoning Code, the purpose and applicability of the Family Agricultural district. B. The property is located within the State's Agricultural District but the infrastructure and public services are more than adequate to support the very low density residential needs of a rural community. This is consistent with 25-5-60. C. The area surrounding the project is a mix of uses and sizes; agricultural, residential and tourist related. There are a substantial number of lots less than five (5) acres in the immediate vicinity of the site. The non -conforming lots and Ag 1-a lots to the east of the site (Kealakekua Bay Estates) have proven not to be detrimental to the agricultural activities in the surrounding area. This is consistent with 25-5-60. D. The General Plan LUPAG map designates the area as Orchards; under this designation the propose Family -Agricultural zoning can be favorably considered. E. The subject property has no history of archaeological or habitat constraints, nor are there any topographic limitations that affect the development of the property. F. There are no significant development constraints on the property such as flooding, excessive slopes, or unstable ground conditions. G. The property is readily accessible by County roadway and required infrastructure is or will be in place. Public services and other facilities are available to the property and are not anticipated to be unreasonably burdened as a result of granting the requested Family -Agriculture zone. H. The land is classified by the Land Study Bureau's Overall Master Productivity Rating System as class "E", very poor. Therefore there will not be the loss of prime agricultural land. In fact, by creating these smaller more affordable family -agricultural lots, the potential for the production of small truck crops, flowers, coffee and papaya are enhanced. The possibility for subsistence farming to supplement family income is also realized. I. The project will create affordable and manageable lots for the Bush family and others. As such the applicant believes this complies with the Housing Goals and Policies outlined in the General Plan which state: 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. • 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 exist deficiencies. a The County shall continually review its codes and ordinances to see if there are overly stringent restrictions which may impose unnecessary hardship and adopt amendments if warranted. • The County shall protect residential property values from depreciating influences. • Promote research and development of methods, programs, and activities including the review of regulatory requirements and procedures as they affect housing, to reduce the costs consistent with the public health, safety and welfare. J. The applicant believes that the proposed small family agricultural use of this property is consistent with the Land Use and Agricultural elements of the General Plan which states: 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. 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. • Protect and preserve forest, water, natural and scientific reserves and open areas. POLICIES Zone urban and rural -type 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. AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. • Identify, protect and maintain important agricultural 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. • Agricultural land shall be used as one form of open space or as green belt. • 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 ensure that development of important agricultural land shall be primarily for commercial agricultural use purposes. K. The applicants believe that the use of this property as rural -residential lots for the family members located in an area close to community services and employment centers is consistent with the goals and policies of the Single -Family Residential element of the General Plan, which states: SINGLE-FAMILY RESIDENTIAL Through careful examination and analysis of the present situation, the following goals, policies, and standards are set forth to guide the orderly development of single- family residential areas in the interest of the residents of the County of Hawaii. GOALS • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To rehabilitate and/or rebuild deteriorating single-family residential areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. POLICIES • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio-economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural -style residential -agricultural developments, such as new small scale rural communities or extension 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. Given the above, including the General Plan's elements goals and policies, the granting of the change of zone request will complement and implement the General Plan. The purpose and applicability of the Family Agricultural, defined in section 25-5-60 of the Zoning Code is met with this petition. The applicant believes that the proposed change of zone request is reasonable and should be approved. LIST OF EXHIBITS EXHIBIT "A" Subdivision Map and Location Map EXHIBIT "B" Letter from Water Supply EXHIBIT "C" Letter from Historic Preservation Division EXHIBIT "D" Agricultural Plan EXHIBIT "E" County Environmental Report 2 N D m m Q C T O D 'a IRI.E Ag47H 0 l� wa � V CD 'Q k Q Nto b O ^ 8 :j I� i C k C g� b l� y k 8 :j I� c� I� I II ~ 7ALf NOR FH \ r � x I\ 9 'Y b o � � °° N \ e \ � j WAipq O a 9 49 �G � DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII F qty OH�WA��'a' 2 5 APUNI STREET H I L O. HAWAII 9 6 7 2 0 k TELEPHONE 1808)969-1421 FAX (808)969-6996 July 26, 1996 Ms. Marian Bush P.O. Box 1145 Kealakekua, HI 96750 WATER AVAILABILITY TAX MAP KEY 8-2-8:57 The subject property is currently serviced with a 1 -inch meter that is capable of providing water for domestic use for an equivalent of seven (7) units or 4,200 gallons per day (gpd) at a rate of 600 gpd per unit. We would have no objections to a 7 -lot subdivision that would replace the existing 1 -inch meter with seven 5/8 -inch meters with each being allotted 600 gpd. We understand that the property would have to be rezoned to allow a 7 -lot subdivision. In view of the above and the current water usage, we would have no objections to a rezoning application being approved. For your information, a subdivsion with a zoning designation of A-lacre will need to be provided with fire protection in accordance with the Subdivision Code and the Department's Rules and Regulations. Should there be any questions, please contact our Water Resources and Planning Section at 969-1421. II Milton D. Manager WA: Io Pavao, P.E. �1 EXgle)IT 'W' ... Wafer brings progreJ3... GOVERNOR Oi NAW JI STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATi HISTORIC PRE89AVATION ON15ION 33 SOUTH KING STREET, M FLOOR NONOIULU, HAWAII 48e13 - -November- 17, 122 Mr. Norman Hayashi, Director planning Department County of Hawaii 25 Aupuni Street Kilo, Hawaii 96720 r'var Mr. Hayashi: WMLIAX w, FA'tY- BOARO OF; LAND AM NATURAL RESOURCE DEPUTIES JOHN P. KVWMA , II DONA L. MANAKE AOIJACULTUPE OEVELOPNIENT PROGRAM AQUATIC PESOVMZS CONBEPVATION AND ENVIRONMENTAL AFFAIR: CONGERVATION AND PESOUPICES r *QRCEMPNT CONVEYANCES FORESTRY ANn WM1DLIFF HmRIC FW -SERVATION DIVISION LANO MANAGEMENT STAT! PARKS WATER AHO LANG DEVELOPMENT LOG N0: 6791 DOC NO: 9211KS14 7ECT: Change of Zoning Application-- Marion Bush, Napoopoo Kahauloa 2nd, South Kona, Inland of Hawaii T,MK: 8.2-08: 057 Our Hilo Office staff member, Marc Smith, conducted a field check of the subject property. He observed that the parcel has been extensively grubbed recently. At present, • q nroperty is being used for tomato truck farming enterprises. It is unlikely that :ficant historic sites still are present on the subject property. ;► your office should have any Bother questions, please contact Kanalei Shun at 587-0007. ,,ncci-ely, e�� — DON IOBARD, Administrator State Mstoric Preservation Division KS:sty EXHIBIT "D" AGRICULTURAL PLAN Proposed Crops*: The Applicant proposes to develop the parcels into a family farm with three primary cash crops, papaya (strawberry), coffee and mango (Hayden). Crop Location: The applicant proposes to plant mango on the border of the four lots that comprise the family compound. Papaya will be planted on the proposed lots #5 and #6. The coffee will be planted on proposed lots #3 and #4. Production Time: Mango will start producing in 3 to 5 years. Papaya will start producing in 6 to 9 months. Coffee will start producing in 3 to 5 years. Marketing: The applicant's family has been using a private broker to market their crops from another South Kona farm. They will continue to use this broker. They expect to receive $ 0.50/lb for the papayas, $ 1.50/lb for the mango and $ 1.10/1b for the coffee cherry. *In addition to the commercial crops on the property, the applicant will also have subsistence crops for family consumption. COUNTY ENVIRONMENTAL REPORT Filed in Support of CHANGE OF ZONE REQUEST- Agricultural five -acre (A -5a) to Family Agricultural one acre (FA -la) TMK: (3) 8-2-8:57 Portions of R.P. 4513, Mahele AW. 32 and R.P. 1930, L.C. AW. 3877, Part 4, Section 2 Kahauloa 2nd, South Kona, Island of Hawaii, Hawaii This report is a requirement of Chapter 25 the Hawaii County Zoning Code, Section 25- 2-42 (5). This report was prepared using the criteria from Title 11, Department of Health, Chapter 200, Environmental Impact Statement Rules, section 10; Contents of Environmental Assessment. Summary: The applicant is seeking to change the zone of 7.429 acres of land in Kahauloa 2"d, South Kona, Hawaii, from Agricultural 5 acres to Family Agricultural 1 - acre. The purpose of this request is to provide residential and agricultural lots for the applicant and her family. No change of use of this property is being proposed, only a change in density. 1. Applicant: Marion K. Bush 2. Approving Agency: County of Hawaii Planning Department 3. Agencies Consulted: County of Hawaii Planning Department County of Hawaii Department of Public Works County of Hawaii Department of Water Supply State Department of Health State of Hawaii Department of Land and Natural Resources Historic Preservation Division 4. General Description of the action's technical, economic, social and environmental characteristics: A. The purpose of this project is to create six lots. Four of these lots will provide residential and agricultural opportunities for the applicant and her family. The other two lots will be sold to generate capital to improve the family lots. B. The four family lots will have a single access and the remaining two lots to be sold will have a separate access meeting with the approval of the Department of Public Works. C. The site will be serviced by County water, see Exhibit `B". D. The applicant's will install a drainage system that meets with the approval of the Department of Public Works. E. The applicants will install individual wastewater treatment systems in conjunction with the construction of individual homes. These systems will comply with all rules of the State Department of Health. F. The applicant does not intend to construct any roadways for this project. G. The economic impact of the project will be to provide affordable housing for the applicant and her family and to provide them with small-scale agricultural opportunities to supplement their incomes and provide subsistence. H. Additional short-term economic impacts will be to provide jobs for the contractors building the homes on the properties and other professionals involved in the construction trades. All contractors will be locally hired from the community. I. The social impact of this project is to strengthen and perpetuate a family history in small-scale agriculture. It will allow this Hawaiian family to create agricultural opportunities for another generation of a family that has a history of farming in the South Kona community. Description of the affected environment: See Exhibit "A" for the project location and a site map indicating the configuration of the proposed six lot subdivision. A. This property is located within the State's Agricultural District. B. This property is located within the State's Kealakekua Bay Historic District. C. This property is designated as Orchards by the County's General Plan LUPAG map. As such, this proposal will be consistent with the General Plan. D. This property is located within the County's Agricultural 5 -acre (A -5a) zone. E. This property is located within the County's Special Management Area (SMA). F. The property is located immediately west of the old Coffee Mill on Napoopoo Road. See Exhibit "A" for the location map. The lot has been and will continue to be accessed from Napoopoo Road in two locations. G. The property is presently undeveloped with no structures, natural vegetation covers a portion of the property.. H. The site is partially grubbed to allow for agricultural activities. It has been grazed and grubbed numerous times in the past twenty years to allow for various cattle and agricultural activities. I. The average rainfall is between 40 to 60 inches. J. The slope of the site is gradual, 0-10% grade except for a portion of the site along Napoopoo Road near the western boundary of the property. K. The site has been classified as Zone "X" by the federal FIRM map, except for a small portion along Nappoopoo Road that is classified as zone "AE". This flood situation has been addressed by the Soil Conservation Service with a flood diversion project that now diverts the flood water to the other side of Napoopoo Road. This was confirmed with Mr. Tom Pack of the County's Department of Public Works, Engineering Division, Kona Office. L. If the Department of Public Works requires, a drainage easement will be granted for the area in the "AE" zone. M. The subject property has no history of archaeological or habitat constraints. The State's Historic Preservation Division has inspected the site and determined there are no historical features, see Exhibit "C". This property has been used for a variety of agricultural activities in the past, including the grazing of cattle and the growing of tomatoes and flowers. This past use has eliminated any historical or flora or fauna features that may have been present on the property. N. The site is not part of any known trail system nor does it provide access to any resource area. 6. Identification and Summary of Major Impacts and Alternatives: A. There should be no major impacts from the proposed action. B. The development of single family homes and small-scale agriculture is consistent with the present uses in this area. C. Since the lot has been used for various agricultural activities in the past, there are no archaeological sites evident and there are no endangered plant or animal species present. D. All construction will be permitted and meet with all applicable government regulations, including individual wastewater treatment systems approved by the Department of Health. E. Any noise or dust associated with the agricultural activities are consistent with the intended and permitted use of the property and are consistent with the other uses in the area. F. If this application is successful, the applicant will file another expanded Environmental Assessment in conjunction with the SMA requirements to comply with the regulations of Chapter 343 to address the Historic Sites designation. G. The alternatives considered are no action and dividing the ownership of the property using Condominium Property Regime, (CPR). Neither of these options would allow the family to build the desired residences or have separate equity needed to provide financial security for residential or agricultural loans. 7. Proposed Mitigation Measures: A. All construction will be permitted and comply with government regulations. B. The septic systems will comply with all requirements of the Department of Health. C. The access to the property will continue to be at only two points along Napoopoo Road, and approved by the Department of Public Works. 8. Determination: The proposed change of zone and subdivision of this property: A. will not involve the loss or destruction of natural or cultural resources, B. will not curtail beneficial uses of the environment; but will improve the utilization of the resources; C. does not conflict with County or State long-term environmental policies or goals, D. will not negatively affect local economic or social welfare; E. will not have substantial secondary impacts, F. will not have a negative cumulative affect; G. will not affect rare or endangered species; H. will not affect, other than during construction, air quality and ambient noise levels; I. will not affect water quality; and J. will not alter existing land forms. Based on the above the Planning Department should determine either that: (1) the proposed action is exempt from the requirements of Chapter 343, Hawaii Revised Statutes, or (2) a negative declaration is appropriate. 9. Findings and Reasons Supporting Determination: A. The project area is a blend of small-scale agricultural operations associated with residential activities and is characterized by farm estates, small acreage farms and subsistence lots. As such it meets the criteria in Section 25-5-60 of the County of Hawaii Zoning Code, the purpose and applicability of the Family Agricultural district. B. The property is located within the State's Agricultural District but the infrastructure and public services are more than adequate to support the very low density residential needs of a rural community. This is consistent with 25- 5-60. C. The area surrounding the project is a mix of uses and sizes; agricultural, residential and tourist related. There are a substantial number of lots less than five (5) acres in the immediate vicinity of the site. The non -conforming lots and Ag I -a lots to the east of the site (Kealakekua Bay Estates) have proven not to be detrimental to the agricultural activities in the surrounding area. This is consistent with 25-5-60. D. The General Plan LUPAG map designates the area as Orchards; under this designation the propose Family -Agricultural zoning can be favorably considered. E. The subject property has no history of archaeological or habitat constraints, nor are there any topographic limitations that affect the development of the property. F. There are no significant development constraints on the property such as flooding, excessive slopes, or unstable ground conditions. G. The property is readily accessible by County roadway and required infrastructure is or will be in place. Public services and other facilities are available to the property and are not anticipated to be unreasonably burdened as a result of granting the requested Family -Agriculture zone. H. The land is classified by the Land Study Bureau's Overall Master Productivity Rating System as class "E", very poor. Therefore there will not be the loss of prime agricultural land. In fact, by creating these smaller more affordable family -agricultural lots, the potential for the production of small truck crops, flowers, coffee and papaya are enhanced. The possibility for subsistence farming to supplement family income is also realized. The project will create affordable and manageable lots for the Bush family and others. As such the applicant believes this complies with the Housing Goals and Policies outlined in the General Plan, the Land Use and Agricultural elements of the General Plan. The applicants believe that the use of this property as rural -residential lots for the family members located in an area close to community services and employment centers is consistent with the goals and policies of the Single - Family Residential element of the General Plan