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HomeMy WebLinkAboutCOM 0769.000 2002-2004 JMty as Harry Kim ~ Dixie Kaetsu Mayor - Managing Director JE-f3 23 F1M-P%l Peter L. Hendricks oe'M~ Deputy Managing Director COUNTY OF I' 1W; Q1II 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 September 22, 2004 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 04-010) Applicant: Thad E. Bond Request: A-20a to A-10a Tax Map Key: 7-3-27:21 Change of Zone Application (REZ 04-011) Applicant: Phil Knierim Request: A-20a to FA-3a Tax Map Key: 7-3-25:07 State Land Use Boundary Amendment Application (SLU 04-007) Request: Agricultural to Urban Change of Zone Application (REZ 04-012) Request: A-5a to RS-20 Applicant: Lillian Mahn Tax Map Key: 7-3-11:68 Change of Zone Application (REZ 04-013) Applicant: Mitsugi Komo Revocable Trust Request: A-5a to FA-3a Tax Map Key: 7-5-24:25 ,,Change of Zone Application (REZ 04-017) Applicant: Alyssa Ackerman Request: A-20a to FA-1 a Tax Map Key: 5-5-4:33 Amendment to Change of Zone Ordinance No. 91-71 (REZ 628) Applicant: Kona Oasis, Inc. Tax Map Key: 7-5-9:40 Comm. 7 (oQ <SLOU 3a to7 Ref. TNo. ~1 Ref. To: Ref. Dote Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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, a 4n_/ Harry Kim o Mayor L090304may Enclosures cc: Planning Department Hawai'i County is an Equal Opportunity Employer and Provider `ovNSY 0I Harry Kim Q ( Mayas UL F E~ ~~"t 11~ 9 r,ter'.:. es°•'~~ 'ri c. •H~`~'~ i County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 September 21, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupum Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-017) Applicant: Alyssa Ackerman Request: A-20a to FA-la Tax Map Key: 5-5-4:33 The Planning Commission, after a duly held public hearing on September 3, 2004, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 20-acre (A-20a) to a Family Agricultural 1-acre (FA-la) district for approximately 3.936 acres of land. The property is located on the northeast side of Kokoiki Road, approximately 1,200 feet northwest of the Kokoiki Road - Akoni Pule Highway (Highway 270) intersection, Kokoiki, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone to change the district classification from Agricultural 20-acre (A-20a) to Family Agricultural 1-acre (FA-la) for approximately 3.936 acres of land. One lot will be approximately 2.748 acres and will remain under the ownership of the current landowners. The other proposed lot will be approximately 1.188 acres and will be purchased by the applicant. The applicant owns and operates AK Essential Elements (Aloha Alyssa's), which makes Hawaiian lotions. The applicant intends to use the property to grow roses, papayas, avocados, aloe vera, gardenia and plumeria for her lotion and body care business. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 20-acre (A-20a) to a Family Agricultural 1-acre (FA-1a) zoned district will conform to, among others, the Economic and Housing elements of the General Plan: Economic • Provide residents with opportunities to improve their quality of life. • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Housing • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. The applicant has expressed her desire to purchase a piece of land for housing and for her business in the Hawi area for many years. She has found that it has become increasingly difficult to purchase property in this area because land prices have become unaffordable. Friends of the applicant have offered to sell her one acre of their approximate 3.9-acre parcel. The applicant has the opportunity to purchase a piece of property that will allow her to build a home and to use the land for her business. Her business promotes Hawaii through the sale of Hawaiian lotions. The agricultural products used within the lotions, which include roses, papayas, avocados, aloe vera, gardenia and plumeria, will be grown on the one acre parcel. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. 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 Intensive Agricultural. The applicant's request will not diminish the agricultural uses on the property and will remain consistent with the General Plan's designation for this area. The applicant will be continuing to use the land for agricultural purposes by growing items used within the lotions that are sold for her business. The surrounding lands are located within the State's Agricultural District and in the County's Agricultural District. While the neighboring properties are within the County's Agricultural-20 acre (A-20a) zoned district, there are a number of non- conforming lots in the immediate area that are of similar size as proposed by the applicant. The property has previously been and is currently being utilized for pasturing and for growing fruit trees and vegetables. The site has been improved with a two single- family dwellings. 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 property is identified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System as "other" important agricultural lands. Soils within the property and surrounding area is classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. Given the soil conditions within the property and surrounding area, the potential for intensive and/or extensive agricultural uses do exist. The agricultural uses on the property will not diminish, but will increase with the approval of the request based on the applicant's representation that the land will be used to grow items associated with the applicant's business. All utilities and services are available to the site. Access to the two proposed lots is from Kokoiki Road, which fronts the property. Kokoiki Road is a County Road with an approximate 11-foot wide pavement within an approximate 30-foot right-of-way. The site is serviced by County water. As there is no municipal sewer system in the area, the applicant will be required to dispose wastewater into an individual wastewater system meeting the standards and requirements of the State Department of Health. Electrical, telephone and cable services are available to the site. Police, fire and emergency facilities are located in Kapaau, approximately five (5) 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Special Management Area. It is located approximately five 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 has been previously grazed by cattle, 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 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. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: As the site was formerly used for pasturing, and there are two single-family dwellings on the property, an archaeological inventory survey of the site was not conducted. In a memo dated January 2, 2004, the DLNR-SHPD indicated that "we believe no historic properties are present because intensive cultivation has altered the land; thus, no historic properties will be affected by this undertaking." A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: 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 immediate area. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed request will not affect traditional Hawaiian rights, and no action is necessary to protect these rights. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-20a) to a Family Agricultural (FA-1 a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-8 (Opolu Point-Kaauhuhu Homesteads Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lackerrnan02PC Enclosures cc: Ms. Alyssa Ackerman Mr. James Bryan Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Hawaii County is an Equal Opportunity Employer and Provider BAcke=an-REZ04-017.jwd 07-26-04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ALYSSA ACKERMAN CHANGE OF ZONE APPLICATION (REZ 04-017) ALYSSA ACKERMAN has submitted an application for a Change of Zone from an Agricultural 20-acre (A-20a) to a Family Agricultural 1-acre (FA-la) District for approximately 3.936 acres of land. The property is located on the northeast side of Kokoiki Road, approximately 1,200 feet northwest of the Kokoiki Road -Akoni Pule Highway (Highway 270) intersection at Kokoiki, North Kohala, Hawaii, TMK: 5-5-004:033. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Change of Zone from Agricultural 20-acre (A- 20a) to Family Agricultural 1-acre (FA-2 a) to subdivide the property, which consists of 3.936 acres, into two lots. One lot will be approximately 2.748 acres and will remain under the ownership of the current landowners. The other proposed lot will be approximately 1.188 acres and will be purchased by the applicant. The applicant owns and operates AK Essential Elements (Aloha Alyssa's), which makes Hawaiian lotions. The applicant intends to use the property to grow roses, papayas, avocados, aloe vera, gardenia and plumeria for her lotion and body care business. The landowners are James and Trish Bryan. The landowners have signed the application and the applicant has submitted the attached in support of the request. (See Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural. 3. GP LUPAG Map: Intensive Agricultural. 4. County Zoning: Agricultural (A-20a). 5. North Kohala Community Development Plan (CDP): The Land Use Concept Map of the North Kohala CDP recommends the subject property for Agricultural uses. The CDP was adopted by Planning Commission Resolution No. 2-84 on September 25, 1984 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies ATTACH: C-769 (B-326) 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. 7. 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 two (2) 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 8. Subject Property: The subject property is roughly rectangular in shape and is approximately 3.936 acres in size. There are two single-family dwellings on proposed Lot 2, and the balance of the site is vacant and unused (proposed Lot 1). The site is currently being used to pasture goats, sheep, chickens and ducks. The landowners are also growing fruit trees and vegetables. 9. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural District and in the County's Agricultural District. The neighboring properties are within the County's Agricultural 20-acre (A-20a) zoned district. The Puakea Bay Ranch Subdivision is located to the west and consists of 10-acre lots zone Agricultural 10-acre (A-10a). There are two small lots to the southeast on the south side of the Akoni Pule Highway which are zoned Agricultural I-acre (A-1 a). This was a result of a change of zone from A-20a to A-1 a for a 2.5-acre parcel which was approved on July 14, 1975 (REZ 245). There are a number of 1-acre sized lots adjacent to and in the area to the property that are non-conforming relative to the current zoning. 10. ALISH: Other Agricultural Lands of Importance. 11. Land Study Bureau's Detailed Land Classification System: "C" or "Fair." 12. U.S. Soil Survey: Kohala silty loam (KhC), 3 to 12 percent slopes. Permeability is -2- moderately rapid, runoff is slow to medium, and the erosion hazard is slight to moderate. 13. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 14. Flora/Fauna Resources: The property consists of pasture for sheep, goats, donkey and chickens. There are over twenty varieties of fruit trees planted on the property. The site has been cleared and previously used for pasturing animals. 15. Archaeological Resources: Since the property was extensively graded for cultivation and pasture, it is expected that no archaeological or historic features exist on the property. By memo dated January 2, 2004, the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) responded to the applicant's request for a "no effect" letter. DLNR-SHPD indicated that "we believe no historic properties are present because intensive cultivation has altered the land; thus, no historic properties will be affected by this undertaking." 16. Cultural or Native Gathering Rights: The applicant and the landowners who reside on the property have no knowledge of any traditional and customary Native Hawaiian rights being practiced on the site. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: Access to the two proposed lots is from Kokoiki Road, which fronts the property. According to the Department of Public Works, Kokoiki Road is a County Road with an approximate 11-foot wide pavement in good condition within an approximate 30- foot right-of-way. 19. Water: There are two 1-inch service laterals for 5/8-inch meters. 20. Wastewater System: There is no municipal sewer system available to the property. The applicant will dispose of wastewater through an approved individual wastewater system. 21. Essential Utilities and Services: Electrical, telephone and cable services are available to the property. The nearest police and fire facilities are located in Kapaau, approximately five (5) miles east of the property. AGENCIES' COMMENTS 22. Department of Water Supply (July 16, 2004 Memo) "Inasmuch as the subject parcel has two 1-inch service laterals for 5/8 inch meters, we -3- have no objections to this application for an ultimate 2-lot subdivision. However, each of the meters shall front the proposed parcel they are to serve." 23. Department of Environmental Management (June 23, 2004 Memo): "Commercial operations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be reused to its fullest extent. Ample room should be provided for recycling. Greenwaste may be disposed of only at the drop sites located at the Kailua or Hilo transfer stations." 24. Department of Public Works: (See Exhibit B -July 20, 2004 Memo) 25. Fire Department: (See Exhibit C - June 29, 2004 Memo) AGENCIES - NO COMMENTS 26. Police Department, Department of Land and Natural Resources-Land Division AGENCIES - NO RESPONSES 27. Office of Housing and Community Development, Department of Land and Natural Resources-State Historic Preservation Division, Department of Health Department of Transportation, Natural Resources Conservation Service PUBLIC COMMENTS 28. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -4- CHANGE OF ZONE APPLICATION f~ o COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) - APPLICANT: AI ssa Ackerman r APPLICANT'S SIGNATURE:.,l.. _ DATE:2/11/2004 ADDRESS: P.O. box 1680 Kapaau, HI 96755 LIST APPLICANT'S INTEREST IF NOT OWNER: Would like to buy one acre of land LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): James and Trish Bryn LANDOWNER SIGNATURE(S): 1 J DATE:2/11/2004,_ (May be by letter) LANDOWNER(S) ADDRESS: P.O. Box 1228 Kapaau, HI 96755 } 6 w~- ` 'oo R EQUEST: Au 20 (3.936 acres) TO ARroposed zoning) TAX MAP KEY: 3-5-5-4 #33 STREET ADDRESS OF PROPERTY: 55-150 Kokiki Rd. Hawi, Hawaii, 96755 r,~~ 11 1~ SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: (1) on'acre and remaining 2.936 acres ° AGENT: None ADDRESS: TELEPHONE:(Bus.) (808)896-7728 (Res.) 884-5365 (Fax) 884-5365 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Alyssa Ackerman COPIES: James Bryan ~XH gNT Agr taultural :Reeonittg PI.ANNiNG DLPAk'~M$Ni COOV'TY OF RAWAII AU LrAxlON FOR tit AGF-Q ZC1 t. Zf your request 1,4 ~pvr,.rar:d, Jci You %nnend to zubdivid& o=ho SuUjr.cr 1.6ree9 in ai:co.rdence with Lh4 arpr,*vfid change of anaL5? if s, please answer -Na rest ct jogetlon 1 and then to qu<.sriora 3, , a_ flow riauy acres or. the teguestal area do you intend to subdivir'e't b. Into what lot', si es? One. one acre Intl i~aw Lhe CCttLntn_ Wild it your requ¢at ie apprryved *vprcrxit?.sJft 1y how xong niter thu dare of app"r'oval do you aDFOat to sub it your Subdivision p14 to the Planning C'r.partmerit fol. prvli,minary approval? As soon ssible d, po you intend to build houses ors the newly created lr tO Yes if Ill, please xu.ewer t.hP fo lbVing queatli V4. on how many of thnsg total One At what app nxirnare price range? House _.8Q~~ Lot U5.M ?oral 1~;~.or~a Approk+.aistely how Aftet approval of the sobdivl..-l Lott vo,uld the firat house be available for occupancy? If you inland tc ;ubdiv1d4, plvass Submit a prili.riinaey sr:!acratic ~ - 41.abdivislon plan t: aa-ther uir$, vnnr nhanoo ;4 onna m+,r,tiratiuit form. As soon ,~s possible the land would transfer to Alyssa Ackerman, With an intent to build on residence and an orchard. is you have [179 T~en^py^kta"K+Y-1SVasTYV [ffrlr~Ftre E/~9tYjaCx smi, ern ymf intend to; 3. Selz. or LBase the :and c.a Wgmaor..e: who hsaD film p; er?9 > Yes b. Se).' or lease the I mid to e4oiauane Pain has teptatlve n f,,ans? No c. 5e11 c's :.aasr the land t:s soruxor.e who has no plar.s? d. Keep it? No e, biller (Please sV*Le, k• Zf ycu Irrc,rd to d, c9,tha?r a, b, r, ~+tear~e ~1.ar,cxa±c± on t'tte kinr' , O plant; the ut,ist' l;arty haS. rlease, nLSO, .<.nc.2rrde in t'arrr answer k yr.:xiuwtely how souu after approual of your xezoniug do you expecf. to tt'dnof'+ar 1ha 84ject laod ra ar:othp.e rua•;.y. Do yOU Lhi„k rh,at yct;r rmquaat :n,t your f: rther 71r.rr for t":a land ;vil: ellovLat.~ r.he local hcx;sirlg situxatlnq;, Yes Et° ' It will make a difference to one long time residence who has been unsuccessful in finding reasonable housing. Yes A1'r these ®ray tru3ldiugn on the aubjact aras? rf en, vhac kind? There is no buildings on the proposed one acre. However the Brans do currently have There family Intend on_ the remaining part of the property. tJtac do you tend Co do wzCEi't Os uildtrge it yorrr regiQir 3r; approvedf Not Applicable Yes S, is the subject land r_Urreotyy be£rtffi used fa- any at.gaicul:uza? akkeiv'ity., If so, please .list thsa kinja of pL'oducta glom and on ho;; m+ruy equarv faer or arses of 141rd prrar, product. The land is used for growing; fruits such as tangerines and oranges. Also as a pasture to 4 goats, 12 sheep, 2 dogs and several ducks , goats for milking and one donkey. Currently the first acre ie used as residence the second and third as pasture with fruit trees. The proposed one acre lot is no! used much. 6. W,16 yrltTr' ; q.resc o cail(,W. for tho exanciots of tmrallor a rlcu l5: ra1 Yes Iota? if -~e, did your plan lnc2wiv the following snnaidaL'nt.ivns.' Yes a, com;aodity to l.e prodoced7 What Mid!; of rorAndItYl Yes b. S±ritublil`.ty of tire. Proposed lot-size °ut that O(=Mad1LX'e Yes 4, iatFiicfAnr tam size r.o ,~21~•t.r resecxtnhls r.ttsr:ce n:° 3,;cxt't~y ±n c:smnercial agtioulLure? Yes please see supplement ;gage to number 6 for more detail, S r':. -t,ural :.?9,W" zir rtth N'r f•:m mtt o!' ase ura w;e bear pot anria1' ~ btyr.:r; m, lump?t', wovdd put tho subject Arta i.trro sue:, fit a of agrlruituCaI uae? Yes pleass atato the pruposc,d type os arcan8etnont. To use as primary residence and business and a promise to use land in way in which it we intended. Pieh*e au`mit yvur t„r.tt:ui:.n'ral plane for the, sub,jc';t ark-iR mild ptvuer.t evldenca of :on5ic:arMtinet the apove requ:ixeran#r, t.o.ge 1-er Yes with your requo7,r fn:: i change of zone. Lf yott du ncr .incand .n sut;diviae the sub.lact iuud fnr so:ae 9:11t of NA agricultttre 1. nvi-po9c, pleasa ststo your other reason;;, To your knowladg~t hae there been eny f.l.oodlns andlc,r ira.aage Problem No or, the Subject area? Lr ac, plasda d, azw: be hhv probirni, Gt, you t.hi.nk that thv r.n.:da leadi,i,g to tt',e :subject Brea t:WLedgt No itn~covcmvr-tB'? If ao, what kind? Tres 'R t:19 ruad e.drsgtjdre. r,,,;' t.~tq prop-"ed trarfir vv.tu-ta c•i l'ad' 7- t,'liat sort of gover'rIMAtrta,J. ,is9ie t&,int~ and/or in-prrjv,''RKt,LLe .1i ye~,u feral 50111 be netHod in the ~u:>,jeet 7; ea What) devel'oped' rev t1o s. Schouten No b. Fnaely No is 4ewer One private a- Drainage No 1'as :an cr. Pu13cE Yr,atcr.r.iu:r No f. Fire ?rutvr Linn No u. Fta:ra;~tiutal iecllit.l.s~w No F'sbi_c trr±:lir.le.y Yes Ocher No Fnr ehrite chtckreo "yes"" p2tire+Q a Aocace what type ur Kinds of :nI(~cvvc.:i•e?I zi ;tyd)or saNietance arF: oee3e.d. ] would use existing power pole on corner of easement to run all utilities needed. V CHANGE OF ZONE APPLICATION COUNTY OF HAWAII 54I (Type or legibly print the requested information) APiiCANT: (N Lu >cz f~ C tai 1C~-vi D APPLICANT'S SIGNATURE: c~ 1 2cc F ATE: Z~;. -d v(,s/GAY ADDRESS: 37,c~ LIST APPLICANT'S INTEREST IF NOT OWNER: wo,0-~ Kk- -hV busk C, - ctc' [L cj- (G, 4 LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): ~nl f . r r' LANDOWNER SIGNATURE(S): DATE: a'7r ay be by letter) LANDOWNER(S) ADDRESS:L7. C} . / 2(a,< 2 ~.c<~)c cx i,c : ~t 4, 75 '5- REQUEST: - (Existing zoning) (Proposed Zoning) TAX MAP KEY - ° , - STREET ADDRESS OF PROPERTY: I<5Z- SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: AGENT: luo" e- " ADDRESS: TELEPHONE:(Bus.) a[_s ,I iJ (Fax)_ (F Please indicate to whom original correspondence and copies should be sent. ORIGINAL: { a E v_ c ) V' °.COPIES: - icl. (See Instructions on Reverse Side) Background and County Environmental Report (Attachment to Change of Zone, Project District, and Agricultural Project District Applications) Please use this form as a guide for required information to be included in your Change of Zone, Project District or Agricultural Project District - Background and County Environmental Report. A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project description: b. Statement of objectives and reasons for the request: C. Number of acres/square feet: d. Proposed units/lots/floor area of proposed building envelope: e. Timeframe and cost: f. Membership size/number of employees and clientele: g. Parking arrangement: h. Traffic impacts (assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from pr(,posod use): i. Other related information: i. Proposed on-site and off-site infrastructure: B. CONFORMANCE WITTI STATE/COUNTY PLANS 2. State Land Use designation: 3. How the proposed use is not contrary to Chapter 205A, Coastal Zone Management (existing public access, scenic or open space resources, coastal view planes, and coastal ecosystems): 4. Applicable goals/policies and objectives of the General Plan: 5. General Plan designation (LUPAG Map): 6. Zoning: 7. Community Development Plan: S. Special Management Area: 1 C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): 10. Lava Hazard Zone: 11. Distance from coastline: 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: 13. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: 14. Land Study Bureau soil rating: 15. Flood Insurance Rate Map (FIRM) designation: (Contact Department of Public Works - Engineering Division) 16. Existing drainage ways or improvements: 17. Air/noise/water quality: Historic Resources: 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: (Contact Department of Land and Natural Resources) Natural Resources: 19. Existing floral /faunal resources (any native or exotic plants; any listed or candidate for endangered species): 20. Scenic or coastal resources: Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. 2 Public Access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: Social-Economic Characteristics: 23. Social settlement pattern for the area: 24. Economic resources of the area: 25. Land values: Surrounding lands: 26. Land use: 27.. Zoning: D. PUBLIC FACILITIES AND SERVICES 28. Description of access: (paved or unpaved; private or county, right-of-way and pavement width. If private road, submit evidence of legal access rights): 29. Availability of water: 30. Sewage disposal: 31. Solid waste: 32. Police & fire protection: 32. Schools: 33. Parks: 34. Other utilities and services (telephone/electricity): E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of environment and maintenance and cnhancement of long term productivity: 3 COUNTY OF HAWAII PLANNING DEPARTMENT REQUIREMENT TO INFORM SURROUNDING PROPERTY OWNERS AND LESSEES OF FILING AN APPLICATION In accordance with the Hawaii County Zoning Code, Chapter 25, Section 25-2-4, adopted December 7, 1996, within ten (10) days after filing an application with the Planning Department or Planning Commission, you are required to serve notice of your application on surrounding owners and lessees of record. In addition, within ten (10) days of receiving notice of the scheduled date of administrative action or public hearing and not less than ten (10) days prior to the scheduled date of action or hearing, you are required to serve a second notice to surrounding owners and lessees of record. Notices shall include the following information: 1. Name of the applicant; 2. Precise location of the property involved; including tax map key identification, location map and site plan; 3. Nature of the application and the proposed use of the property; 4. Date on which the application was filed with the director or the commission; 5. Date, time and place that the scheduled administrative action or public hearing will be held to consider the application (to be included in second notice); 6. Contact name and phone number should there be any questions. When the building site is located within the State Land Use Urban or Rural District, notice shall be served to owners and lessees within three hundred feet (300') of the perimeter boundary of the building site. When the building site is located within the State Land Use Agricultural District, notice shall be served to owners and lessees within five hundred feet (500') of the perimeter boundary of the building site. Except, that if the surrounding properties are located within the State Land Use Urban or Rural District, notice shall be served to owners and lessees within three hundred feet (300') of the perimeter boundary of the building site. Data available from the real property tax office shall be utilized in determining the names and addresses of the affected owners and lessees of record. The applicant shall also provide notice to such other owners and lessees of records when the applicant has actual knowledge of such names or as informed by the Planning Director or Planning Commission. Alyssa Ackerman Page 1 of 1 P.O. Box 1680 Kapaau, HI 96755 February ,1'1,y~2.0041 808-884-5365 n 35 7 rn Aloha , Mr. Larry Nakayama and Plaiihing Department' 571/ Thank you for the many recent phone conversations and the opportunity to share with you my story for a re-zone of a One@acre parcel. I have been trying to buy a piece of land in Hawi for many years. It seems day by day it is getting more difficult to find a place that is affordable. The beautiful historic towns, my family and its people make Hawi and Kapaau my home ( I am the second generation to live here). While I am pleased that Kohala stays small and charming, I want something to call my own, to raise my family and to one day pass on to my children. Currently I run our local family center (Family Support Services of West Hawaii) helping youth stay off drugs, counsel people in need, provide free parenting, craft and other classes to better our community. I am involved in our local Hula Halau and I volunteer to help run the Kohala Country Fair. I plant trees and support Waimea Nature Park. I devote my time making Kohala a better place for all of us to live. The one acre farm will help me in my small business. I own and operate AK Essential Elements (Aloha Alyssa's) that makes Hawaiian lotions. Locally grown organic roses are used to make my Hawaiian rose water ( I currently grow them across the street on my father's property). The combination of soil, rainfall, and trade winds ( for bugs) make this an ideal place to grow roses without any use of chemicals. I use homegrown papayas, avocados and aloe vera in my products. All of which I plan to grow if granted my request. Making products with locally grown botanicals adds to its desirability for marketing. I have lived near Jim and Trish Bryan (land Owners) and have known them since I was a child. They have offered to sell me the back acre of their land to start my farm. Subdivision of this land would be ideal for both parties since they are just about retirement age. This sale of land would help them in supporting themselves as well as their 20 year old son (attending college) and their 85year old mother (which also lives on property) . I have read the county's general plan and believe the proposed request meets its intent and requirements. Enclosed is the information needed to process this request. I love Kokoiki, it has such a special place in my heart. My hope is that you will grant us the re zoning on the subject property. Please call me at 884-5365 if you have any questions or concerns. Mahalo Nui Loa Alyssa Ackerman i g -JA How many acres of the requested area do you intend to subdivide? Only one acre form the 3.936 acres. Making two lots one (1) acre 'and the other 2.936 acres. Other (please state) Is the subject land currently being used for any agricultural activity? Currently the land is being used to pasture goats, sheep, chickens and ducks. The land is also used growing fruit trees and vegtables. The subject one acre in back is not used as much because working the remaining 2.936 acres is already alot for the family to farm. Signature: L ll I C l/ Address: How many acres of the requested area do you intend to subdivide? Only one acre form the 3.936 acres. Making two lots one (1) acre and the other 2.936 acres. Other (please state) Is the subject land currently being used for any agricultural activity? Currently the land is being used to pasture goats, sheep, chickens and ducks. The land is also used growing fruit trees and vegtables. The subject one acre in back is not used as much because working the remaining 2.936 acres is already alot for the family to farm. Signature: ;~ao ` "'.J '?Ci., tCj.kS El'lC.i 'e` ) ~ktlf a= Address: ' ~~c"u. ? d~ e l [ `i rt...... F••.. PETER T. YOUNG LINDA LINGLE < O A 9 CHAIRPERSON GOVERNOR OF HAWAII BOARD OF LAND AND NATURAL RESOURCES / COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON ffJJ DEPUTY DIRECTOR - LAND DEPUTY DIRECTOR-WATER *60FH ERNEST Y .W. LAU Lf 4 AQUATIC EC BOATMG AND AND OC OCEAN AN RE RECRE REATION BUREAU O CONVEYANCES ON WAT` ER R REESOURCE SOURCE M STATE OF HAWAII ' COMMI NN COS A M °N WATANAGEMENT DEPARTMENT OF LAND AND NATUA'AL RF.POURCES ERVATIONATION C ANNDD RESORESDURCES COASTA ENNFORC FORC EMENT ENGINEERING 4HISTORIC PRESERVATION DIVISION FORESTRY AND WILDLIFE kKAKUHIHEWA BUILDING,- ROOM 555 HISTORIC PRESERVATION NAHOOIAWE ISLAND RESERVE COMMISSION 601 KAMOKILA BOULEVARD LAND STATE PARKS KAPOLEI, HAWAII 96707 January 2, 2004 HAWAII HISTORIC PRESERVATION Log: 2003.2619 DIVISION REVIEW Doc: 040IMM02 Request received: January 2, 2004 Applicant/Agency: Alyssa Ackerman Address: P.O. Box 1680, Kapaau, Hawaii 96755 Project: Chapter 6-E-42 Review. Proposed Subdivision of 1 acre from a 3.936 acre parcel [County] Location: Puuepa-Kokoiki Homesteads, North Kohala, Hawaii Island Tax Map Key: (3) 5-5-004:033 1. We believe there are no historic properties present: -x-a. intensive cultivation has altered the land b. residential development/urbanization has altered the land c, previous grubbing/grading has altered the land d. an acceptable archaeological assessment or inventory survey found no historic properties e. other 2. This project has already gone through the historic preservation review process. a. mitigation has been completed b. other. X Thus, we believe that "no historic properties will be affected" by this undertaking 7~~ Signed 7" ~ ate ,2004/ MaryAnne B. Maigret, Assistant Archaeologist Historic Preservation Division, Hawai'i Island MYY•Oi N, Harry Kim William Takaba Mayor Finance Director Nancy E. Crawford - _ p ryri n C ~,w,•~. _ Deputy Director '.J ?~l~Of •NP•'' ...iii ..1'!11 11 ~'i Q County of Hawart DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Fauahi Street • Suite 4 • Hilo, Hawaii 96720-4224 . Fax (808) 961-8415 Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 1 l2 • Kailua-Kona, Hawaii 96740 • Fax(808)327-3538 Appraisers (808) 327-3542 • Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE (rev. 07/99) Date: January 2, 2004 TM K(s): 5-5-004-033-0000 This is to certify that James H. Bryan (owner of record) has/have paid all real property taxes due the County of Hawaii up to and including December 31, 2003. Reference: Requested by and mailed to: Alyssa Ackeman (#884-5365) P. O. Box 1680 Kapaau,HI 96755 Naomi Kuritani REAL PROPERTY TAX DIVISION o~• -12 zaa:ncl ggo fl 30-Ft ROADWAY • ~ \ A"I $ -79 m'x e_xa. ~ • _ j~ "s 7C Q o ~ 4 O • \ 5 ' c p o o ~'1 F z° ? p a QZU Z s e 2 , 20 obi ~ a O ~ V PTO w, p~ V r` ~ m m Z ~S o ~ti ~ m~ p O O f c O 0 n i O O a, p c i x~ 44 jYAE~N i fi - - - - - - LL 77/~ K I! K` 1 \f I Q PY 1 1' U U F Y AI 2 11 p Page 1 of4 •r B k round and County Environmental R ort, 2/11/2001 U;V 55 _r'.. SObject Request 1 j The applicants Alyssa Ackerman and James Bryan (current owner of subject property) are requesting to change tax map key 3-5-5-4#33 from Ag 20 zoning to Ag IAzLnmg. With the intent to make two (2) farm lots with the current 3.936 acres. One (I}hcre farm lot that would be used as a farm for AK Essential Elements (Alyssa Ackerman) . Which would Produce Roses, AloeVera, Avocados, Papayas, Gardenia and Plumeria for the lotion and body care business. The remaining lot (Q ac&9) would be used as it is currently. A residence for the Bryan family as well as over twenty varieties of fruit trees plus pasture for, sheep, goats, donkey and chickens. The subject land is approximately 1,200 feet northwesterly of the Mahukona-Hai Road ( Project No. Rs-0270 (2) and on the northeasterly side of Kokoiki Rd, North Kohala, Island and County of Hawaii (please see survey attached). The time frame needed to bring this project to completion would be approximately one year. Total cost of the project would be approximately $180,000 dollars. There is no anticipated increase in the current traffic or parking. Proposed on-site infrastructure include: a drive way access, underground utilities for electric, cable and telephone, from poll at end of proposed access.) Water from an already existing second water meter and a private cesspool. The already existing infrastructure of Kohala ditch water would also be used for irrigation. Conformance with State / County Plans The proposed request meets the intent of the general county plan. hi addition the plan adheres to the objectives and policies as follows. The proposal is current with the community development plan already in place. Much of the surrounding area has already been zoned or subdivided into 1 or 1 + acre lots. (Please see the map included for more information). Many of the county plans include ways in which the county can assist in the quality of life and economic diversities of its peoples. Included in this plan is the expansion of the local agricultural industry. Preserving the scenic beauty and not obstructing the view plane (the reason for underground utilities) for our fixture generations. My plan envelops the county's goal to find affordable Page 2 of 4 housing for one more resident along with diversifying and expansion of agriculture. The plan includes new unconventional ways of bringing agriculture into everyday small business in Hawaii. By using the resources we have here in Hawaii, the soil, ditch water and ability to grow plants and flowers on a small portion of land, Taking advantage of revenues coming into Hawaii from our visitors throughout the retail markets (by selling lotion to other Hawaii businesses they to also generate revenue and create jobs) . By diversifying agriculture we maximize opportunities for small businesses and while preserving our natural resources and beauty for further generations. The farms long term goal of using complementary, natural or solar energy also coincides with the county's goals to save energy and produce clean environmentally friendly energy. Physical Characteristics and Environmental Setting of the Property and Surrounding Area. The current land is 3.936 acres. Used as a residence with two existing structures (see map attached). In the past this land was farmed and used as grazing land. The Department of Land and Natural Resources has issued a letter of no effect (attached) because the subject land has been previously cleared. The surrounding land is mostly used as residences and small Ag lots . With one church also on Kokoiki Rd. The soil is ideal and the climate perfect for growing the proposed plants in fact all of the plants already grow on Kokoiki Rd. Marty Shimizo at the Department of Pubic Works has confirmed the property to be in the X zone or a non- flood zone ( Firm designation or flood insurance rate map). The subject land is in Lava zone 9 ( see map attached). No known existing floral faunal resources exists because it has been previously cleared for pasture. We have no knowledge of any historical, archaeological or cultural sites on the subject land. I ( Alyssa Ackerman) have contacted the department of land and natural resources to confirm this. No known customary or native Hawaiian rights are exercised in the area. However if any native Hawaiian rights would ever want to be exercised on or around the property I would make every effort to make sure they had access to do so . (I am actively involved in caring for, planting native plants and practicing native Hawaiian customs and rights through the local hula halau). The air, noise and water quality in this area are high and no impact would be imposed if the proposed property was divided. Land values in the area are around Page 3 of 4 $65,00- $85,000 dollars per acre (based on the last few acres sold) . The surrounding area settlement pattern is similar to that proposed. One plus acres used as primary residence and some agriculture. The zoning on many of the surrounding pieces is also similar to the proposal. 1+ acres per piece. Please see map for details of surrounding zoning and subdivisions (attached). Public Facilities and Services. The current Kokoiki Public Road (30 feet wide). Would serve as the main access road. A right of way access road from the corner of the proposed property would serve as access to the back lot (please see Map A for detail, attached). I would like to put in a non invasive drive way such as dirt or gravel to the proposed one acre. Availability of water according to Lessile Nakano at the water supply department is possible through three ways. One of the two existing water meters can be allotted to the one acre lot (the most probable and easiest) , a possibility of a service lateral and a new meter if there is availability at the time. Lastly a variance (if approved through planning department, only as a last resort) with catchment water. I also plan to use the already existing Kohala Ditch water as a source for irrigation. A private septic system a cesspool (preferred) or a septic tank would be required and installed according to Engineer Dane Hiromasa at the department of Environmental Health. Schools, parks and police would be unaffected because currently I am a residence in the same area. Fire protection according to chief examiner Jack Pacleb would be unaffected. Phone Service through Verizon is available and I have talked with engineer Michael Chang, the proposal includes putting all utilities under ground from the existing pole. He has informed me that a 2" PVC pipe at least 18 inches under the ground is necessary. Both Cable and electric can both go into a single conduit as long as they are 12 inches away from each other. A pull box is needed (12 inches by 20 inches) every 150 feet. Lisa Louia the Engineer at Helco has verified these facts, adding that in this case, a riser pole from the existing pole( which they will install) can attach to a pedestal (I provide) with an attached meter, making underground electricity to the subject land accessible. Page 4 of 4 Environmental Assessment and Analysis The relationship between short term uses of the environment and long term productivity are as follows. In the short term the new one acre of land would provide housing, income and agriculture for one family in the community. With rippling effects to out side businesses in the way of retail revenue. Long term effects include planted trees and natural resources for further generations. Including underground utilities, natural beauty and the use of alternative energies. Mitigative measures proposed to minimize the impact on this land include: Planting of vegetation and wind break. Use of very little heavy equipment (only that needed to make foundation, cesspool, and access road) The farming of this land would be done by hand tools and no large machinery. No pesticides are used in my farming therefore there is no risk of contamination of water, lands, people or animals. To my knowledge there is no irreversible and irretrievable commitments of natural resources if given this opportunity to farm this land. Agencies - Comments I have contacted the Department of Water Supply, Department of Finance, Real Property Tax, Fire Department, Planning Department, Department of Public Works, Helco Electric, Verizon, Department of Health, and the Department of Land and Natural resources to help me write this report . I have also contacted contractors , plumbers, organic farmers , electricians, and architects, to get estimates on cost of making this small farm a reality. I have researched the cost effectiveness in making bath and body products (I have owned this business for five years). For the past 2 years I have been farming roses in Kokoiki and I know this soil and climate is ideal. In closing I would like to add that my plan includes using this land consciously with environmental concerns addressed and in keeping with the lands original intent to be used for agricultural. Please consider my application for the one acre re-zone and division of this land Mahalo ' S l - 9V~.Ck JL~BI~C l Aiyssa AcWrman SCHEDULE C , ~ ~ ~ , y art n All of that certain parcel of land (being port oxi(s) of.the,IaAn 3(s) described in and covered by Land Patent Grant Number 7473 ta;'Marth Koolau) situate, lying and being approximately 1,200 feet northwesterly of the Mahukona-Hawi Road (Project NO. RS-0270(2) and on the northeasterly side of a 30-Ft. Wide Roadway at Kokoiki, North Kohala, Island and County of Hawaii, State of Hawaii, being LOT 26 of the "PUUEPA-KOKOIKI HOMESTEADS", and thus bounded and described: Beginning at a 1/2 inch pipe (Found) at the southwesterly corner of this parcel of land, being also the northwesterly corner of Lot 25 of the Puuepa-Kokoiki Homesteads and being a point on the northeasterly side of a 30-Ft. Wide Roadway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEHONI" being 411.49 feet south and 840.23 feet east and running by azimuths measured clockwise from true South: 1. 1330 58, 30" 260.90 feet along the northeasterly side of the 30-Ft. Wide Roadway to a 1/2 inch pipe (Found); 2. 2290 32' 30" 762.00 feet along the remainders of Lot 26 of the Puuepa-Kokoiki Homesteads and Grant 7473 to Martha Koolau to a 1/2 inch pipe (Found); 3. 3110 03' 30" 127.50 feet along Grant 2764 to Kamoe and Kai to a point; 4. 3080 13' 61.64 feet along Grant 2764 to Kamoe and Kai to a 1/2 inch pipe (Found), passing over a 2 inch pipe (Found), marked 1121311, at 8.45 feet; 200362391 Title Guaranty of Hawaii, Inc. Page 4 HONOLULU, HAWAII SCHEDULE. C CONTINUED 5 440 06, 771.08 feet along Lot 25 of the Puuepa- Kokoiki Homesteads, along Grant 7010 to Zolobabela Kaai and along Grant. S-14-861 to Marshall F. Wright and Caroline C. Wright (Abandoned Flume Right-of-Way) to the point of beginning and containing an area of 3.936 acres, more or less. BEING THE PREMISES ACQUIRED BY DEED GRANTOR CHOY ZANE, JR., husband of Leora Wong Zane, as Trustee under an unrecorded. Revocable Living Trust Agreement dated February 3, 2986, and LEORA WONG ZANE, wife of Choy Zane, Jr., as Trustee under an unrecorded Revocable Living Trust Agreement dated February 3, 1986 GRANTER JAMES H. BRYAN and PATRI.CIA G. BRYAN, husband and wife, as Tenants by the Entirety, as to an undivided 112 interest, and JOHN H. BRYAN and HELEN M, BRYAN, Co-Trustees under that certain Inte.r- vivos Trust Agreement dated October 26, 1990, with fu3.1 powers to sell, mortgage, lease or Otherwise deal, with the land, as to an undivided 1/2 interest, as Tenants in Conuron DATED August 9, 1994 RECORDED Document No, 94-137488 END OF SCHEDULE C ~~acasai~t Title Guaranty of ffelwai;m Inc, H0N0[,U1,U, HAWAII haQe Page 1 of 1 KOHALA 9 MAUNA KEA HUALALAI 4 3 N 6 5 3 3 http://www.hawaii-county.com/general_plan_rev/revision/maps/other/volcano%20hazard.j... 1/15/2004 Page 1 of I P'l 1 +T 1 yr~ IM, ' - Vey}n } r + ( ) t (ir n,i0_HUKONAI7 ~i.. 1•r w ~ I r N 1 1 LEGEND 1`- t 1 ~ ' 1C)v t http://www.hawaii-county.com/planning/maps/ord 1. jpg 1/15/2004 Page 1 of 1 LEGEND Roads Parcels 0 Existing- Enterprise Zone Upolu Pt. 0 Expanded Enterprise Zone i. Ha\ Mahukona http://www,hawaii-county.com/enterprise zones/images/ii%20kohala.jpg 1/15/2004 Page I of I HAWI t i MAHUKON A F-,.. ONOKAA PAAU IL KAWAIHAE AIM ~ 4 a • . rl, -,r{ 1 KAILUA KEAUHOU KEALAKEKUA " Y^K~Fy M~Flr^ry}l{uhfY ~~l .v oil ,1. 9 A AL! M IL OL II http:/,'cvww.haN-,,aii-county.com/2encral _plan_rev/revision/maps/lupag/proposed%20hipag... 1/15/2004 '~€~;::ef is f,; sT 3x i FIN :'rp "?e all ~ " 'E: od~+ mry 5 a'~r,~p ai nr o ow ~ A/V le w'"' f Y r y.t'- ap .O I Q e ' I J i f ~r d dd I di W' i J 7 { 1 r ~ a" ~ F t I F " I 7 ~ s'z i I p i i { `t ~„C LV 1 j^ fAip I ^i F l law r 'M1$ ° u ,m ? it €n ski ppiZ 1YY3 iF ~ ^a Qa~ RI . R ~Q a: o h9 iF o I R p t'3 r~€1. J 1 v~a .,a~ C c ' o te'.+° 6~g au ~ ~ / o Plan for the one acre agricultural lot 3-5-54-#33 2/11/2©0'4-' ] o F,fP., Q 5C i cD Please see Map A for a visual look at the plan. At the south east tip of the subject property is a power pole. I plan to use this pole to install a riser pole (Helco) and then attach a pedestal with an attached meter at the corner of property. From this point a 18" by 27" wide trench will accommodate the Cable TV ( Oceanic Time Warner), (Helco) electric and the Telephone line ( Verizon). A trench will be made to code. This trench will run along the access drive way. The access as shown on map is also at the same corner of the property. Along the West line and South line of the property I plan to plant Mock orange trees. This along with the already existing Iron wood trees will make a good wind break. The westerly side of the property will have, Plumeria trees , Avocado trees , Papaya trees, and Gardenia bushes. The Northern property line would be home to the over 100 different rose bushes. In the middle to South easterly side of the property, one small residence for myself. An additional garden for vegetables and Aloe Vera on the easterly side of house. A fenced yard for animals. Finally one of the two existing water meters would be allotted to the new one acre property (Ditch water already used on property would continue to help water plants.). Long term plans include a photovoltaic module for solar energy to supplement the existing conventional power. C k ~ e 3 { yq (A-?OO ZON/NGf 38~ a° 32 •ti ge y; Jo-Fl. kcuowar £~y 33° A gtc y d Q ~ ~ e s ~3 r 9t 0 4 ~q F \ ( y 3&~F i = 3 9 _ yg° dd ca J m a a ~ S ° ~ o Y A n Q 8 a o;c a x2~ 2 0 o V OHO ~ "a o V Z02 k o O S O o C O O 0 0 O C 2 6 t' R ? % > K ^/p K G ~ K~ •1 v- n < i 1 n 7 6 IJ Y U U f p A~ 2 ~M G CHANGE bF ZONE APPLICATIQJ, ~ Y A~1 9 52 COUNTY OF HAWAII • " PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: AI ssa Ackerman APPLICANT'S SIGNATURE: p DATE:2/11/2004 ADDRESS: P.O. box 1680 Kapaau, HI 96755 LIST APPLICANT'S INTEREST IF NOT OWNER: Would like to buy one acre of land LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): James and Trish B n LANDOWNER SIGNATURE(S): d DATE:2/11/2004 (May be by letter) LANDOWNER(S) ADDRESS: P.O. Box 1228 Kapaau, HI 96755 -FR 10...x. REQUEST: Ag 20 (3.936 acres) TO Ag I (Proposed Zoning) TAX MAP KEY: 3-5-5-4 #33 STREET ADDRESS OF PROPERTY: 55-150 Kokiki Rd. Hawi, Hawaii, 96755 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: (1) one acre and remaining 2.936 acres AGENT: None ADDRESS: TELEPHONE:(Bus.) (808)896-7728 (Res.) 884-5365 (Fax)------884-5365 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Alyssa Ackerman . COPIES: James Bryan r ¢TT'AC:'H:II~NT Agricultural Rozonitzg PLANNING DrPARTMF'C1: COUNTY OF PAUAII APPI ZCATION FOR t:HA37 F Of ZCbf L. If your request 1.4 approved, dci you Intend to subdivide the sLGbjact YM land in accordance vitlc the approved Cha"a of zoztot Imes, please answer the nest cf querrion I and thalz to qu<hcio:a :3. a. Flow many acres or the tequestel area do you Intend to subdivide? 411e acre b. Into what lot ot. a-? Qne. alb ante and 1e Met -ft- F=f Wag land c. It your rbgvaeat ,e approved, ¦ypruxllt;ately how long after tho dare of approval do you okpoct to submit your subdivlsiou p11 to the Planning 1,epartment teat preliminary approval? As soon as possible d. Do you ivzrand to build houses on the newly created lots? Yes if Yeb, please quaver the follOving queptiora: on how many of those total one At what app nximar.? price range? Rouse ~Y80.000 tot tSS:Q00 Toral Approxtmatply bow long, after approval cf the rRA diva.-ilott would the firot house be. available for occupancy? It you in':and to subdivldu, please :submit a prczllvanary se'zcnatte r subdivision plan c: irether with vnur ehanen ,o onnr a.,nlisation fora. As soon s possible the land would transfer to Alyssa Ackerman. With an intent to build( residence and an orchard. - If you nave rta-rrrnr-Tr~tnv-or the ouF,jecc a re' ea von intend to: a. sc11 or leassi tbrz :end t.a eomaore who has firm tiAerts:> Yes b. Sell or lease the land to rtrazaone ,;hn has tentative pl.ans? No _ e. $ell cIr ;.Bade f..he land t:s gort.Wor-e who has no plavs? d. Keep it" No e. tither (please stYte; or. k. if ycu inrew to d, ctvther a, b, c, i>leaae e1-iborate orr the king ' of piaws the uEicr party has. Please, also, 1,-,c-ludo: in your answor rikNr.; xiuuac,aly how soon after apprnv41 of your carcnltcg Of., you expect, ti tranntur the subject land ra a;.oth¢r F-9ri.y. Do you Chink eh,at your t'a[juuat and your f:,rcher zlr:n>t for rha land wiI alleviate %he local houslrrK situatlnn? Yes fk)w It will make a difference to one long time residence who has been unsuccessful in finding reasonable housing. Yes Are there auy bufldin4a orc the aubjact ataa? It ao, what k1nd? There is no buildings on the proposed one acre. However the Brans do currently have There fatnily residence onthe remaining part of the property. What. do you 3ncend CO-Xi tFi t na uildirgs a -your regl;40.ir is approved? Not Applicable Yes 5. Is the c.,hject land currently being uawd fo- Ally a.gciculruz71 actlV.ity? If so, pleas4e 11st the kinJs of pcoducra grown art-3 on hot, many aquas fear or acres of land per, product. The land is used for growing fruits such as tangerines and oranges. Also as a pasture to 4 goats, 12 sheep , 2 dogs and several ducks , goats for milking and one donkey. Currently the first acre it used as residence the second and third as pasture with fruit trees. The proposed one acre lot is no used much. 6. WAS enIIT-:request F`a.11c.W' for Ctia craario;% of mailor agr.ic:ult:vral Yes lots? If -e, did your plsn inciv!e the followlnx c:oasideint.iune:' Yes d. CoTtinodity to be produced? What klrrdn of conis42lty? Yes b. S,itublili.ty Of the, oropomAd lot-size °ar that 0r:mmnd:6y' Yes c, Sufficient faitn size to all:>w resscstahle c.harct o:' sw;,evvi in comrnarctal agc;uulture? Yes Please see supplement page to number 6 for more detail. d. P•gr±rul.tus'al ?eas,r:.:;x' ether f•:~rt"si o~ snFUGat:,_e that purantial , buyr.:r• N-W leaurs wot,ld put the aut'rjEtt area iiito suao far„ of agrir.,sltural use? Yes Pleasi• state the pruposc:d type aj urcange;nent. To use as primary residence and business and a promise to use land in way in which it ws intended. Pleer•e aw`jmtt yc,ut N :.tt:J 1',.t Tdl pl.an£ for the sub,jcot ark-A and pt'e"r.t evidence of :onsiCeeatinn ,if the abovo requiZaman+.h roxetl-er Yes with your requo-,r for a change of zone. if you du nct iutand :o subdtviJe the Subject 1u,rd for some a:»t of NA agrirultur.el. nuvpww, pleasa State your other rcagono. To your knowledgri hae these been any flooding and/or dra,aage Problea, No or, the subd.act aroa? if go, plaaaoe describe the problem, v b. Da you [hj.nk that the r.oada leadl.ug to tLe ,aub)ecL f.rea t:¢eds No itnJrovemar.ttr? If .so, what k1nd? Yes ca tae rued „de uate f.,: q tare proposed traCllc vu.tun.r vt lrstiY y_ Mint sort (if governmenta). asaiste,iae andlar inprr,•rru*KtiC 3.i you fael w111 be neadad in cite su'a,jecr. ;area when developed? Yew tie e. Schools No c. Sewer one private d. Drainage -No 1rdl9 !:p r No f, Fire ?retcc Linn No u. Re raatiorat 1?ectl:t.iye No :r. Pubi°_c irrilit it, Yes I OthQr No F'or rhote checked "ycs," plectra (,_aboraCe what tyye we r;ind~ o; ~nrpcivertcn,< ndlar asatetance ere needed. 1 would use existing power pole on corner of easement to run all utilities needed. JC /J0. ~G~f mCUOIJ C2 I t ( o` ~ad~~~a: O 1(o C~~ILA QU ~ 90-- 11ate: How many acres of the requested area do you intend to subdivide? Only one acre form the 3.936 acres. Making two lots one (1) acre and the other 2.936 acres. other (please state) Is the subject land currently being used for any agricultural activity? Currently the land is being used to pasture goats, sheep, chickens and ducks. The land is also used growing fruit trees and vegtables. The subject one acre in back is not used as much because working the remaining 2.936 acres is already alot for the family to farm. Signature: Address: 55- 155 kn~°v-x ~ . haw ~ t #14316.1 PROPr D CHG OF ZONING DESIGNATION AC= TO FA-'la Ou'i JUPJ `I nn o Ss CC'JII; PROPOSED CHANGE OF ZONING DESIGNATION FROM A-20a TO FA-1a PORTION OF LOT 26 OF PUUEPA-KOKOIKI HOMESTEADS Land situated on the Northeasterly side of an existing 30-Ft. Wide Roadway at Kokoiki, North Kohala, Island and County of Hawaii, State of Hawaii. Being the whole of: Tax Map Key Parcel No: 5-5-004: 033 (3rd Division); and Being portions of: Lot 26 of Puuepa-Kokoiki Homesteads; and Grant 7413 to Martha Koolau. Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 25 of Puuepa-Kokoiki Homesteads and being a point on the Northeasterly side of an existing 30-Ft. Wide Roadway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEHONI" being 411.49 feet South and 840.23 feet East and running by azimuths measured clockwise from I True South: 1. 133 58' 30" 260.90 feet along the Northeasterly side of an existing 30-Ft. Wide Roadway to point; i 2. 229 32' 30" 762.00 feet along the remainders of Lot 26 of Puuepa-Kokoiki Homesteads and Grant 7473 to Martha Koolau to a point; 3. 311 03' 30" 127.50 feet along Lot 2 and along Grant 2764 to Kamoe and Kai to a point; #14316.1 Page 1 of 2 WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawa Street, Kadua-Kona, Hawaii 96740-1817 #14316.1 PROF D CHG OF ZONING DESIGNATION A(- TO FA-1a 4. 308 13' 61.64 feet along Lot 1 and along Grant 2764 to Kamoe and Kai to a point; 5. 4z. 06' 771.08 feet along Lot 25 of the Puuepa-Kokoiki Homesteads and along Grant 7010 to Zolobabela Kaai to the point of beginning and containing an area of 3.936 Acres Pt- T. yq LICENSED WES THOMAS ASSOCIATES UJ PROFESSIONAL T~ LAND SURVEYOR p} ` NO. 4331 ^1l`~AII USP Chrystal Thomas Yamasaki Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 5-5-004: 033 (3rd Division) May 26, 2004 #14316.1 Page 2 of 2 WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII 0 9, DATE:July 20, 2004 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief _,Engineering Division SUBJECT Change of Zone Application (REZ 04-017 ) Applicant: Alyssa Ackerman Location: N. Kohala, HI TMK: 3 / TMK: 5-5-004:033 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. If required by DPW, a drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. 2. Hawi-Mahukona Road, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and require concerning this road should be obtained from the HDOT. !!r 4 & -;5 a Memorandum to PD- REZ 04-017 July 20, 2004 Page 2 of 2 3. The applicant shall remove any encroachments or obstructions within the County right-of-way. 4. Kokoiki Road, fronting the subject property, is a County road. It has an approximate 11-ft. wide pavement in good condition within an approximate 30-ft. right-of-way. It is substandard based on width. The Subdivision Code requires that any subdivision road serving more than 6 lots (or any subdivided lots 3 acres or more in size) have a 20 foot pavement section in a 50-foot wide right-of-way. Access to the proposed parcel from Mamalahoa Highway should conform to the Subdivision Code. 5. Kokoiki Road right of way should be widened one-half the difference between the existing width and 50 feet. We defer to the Planning Director regarding the conveyance, at no cost to the County, of a future road widening setback easement area upon request or as a condition of final subdivision approval. 6. Suggested improvements to Kokoiki Road could include paved turnouts for passage of vehicles at a third point locations and along the subject frontage. The subject property is approximately 1200 feet from Mahukona-Hawi Road. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO PLNG-KONA Hawari County is an Equal Opportunity Provider and Employer J~1Y OI ~4ti Harry Kim Darryl J. Oliveira Mayor Fire Chief Desmond K. Wery Dep"ty Fire Chief i_i fi~ _ n C'ODUtp of ~abjai`i FIRE DEPARTMENT - 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 # Fax(808)961-8296 June 29, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL J. OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-017) APPLICANT: ALYSSA ACKERMAN REQUEST: A-20A TO FA-1A TAX MAP KEY: 5-5-4:33 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "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). "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, i = "10p~~ EX B1~' ~rRED Hauai'i Covuty is an Equal Oppoitwdty Provider aid Employer. June 29, 2004 Christopher J. Yuen, Planning Director Page 2 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. "(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%) June 29, 2004 Christopher J. Yuen, Planning Director Page 3 "(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. "(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." Water supply shall be in accordance with UFC 10.301: 'When any portion of a building being protected is in excess of 150 feet from a water supply on a public street, on-site fire hydrants shall be provided. On-site fire hydrants and mains shall be capable of supplying the required fire flow. Fire extinguisher shall be in accordance with UFC Standard 10-1. ,DARRYL J. OLIVEIRA Fire Chief Y NAY/jdk RAckeman-REZ04-017.jwd 07-26-04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ALYSSA ACKERMAN CHANGE OF ZONE APPLICATION (REZ 04-017) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from Agricultural 20-acre (A-20a) to Family Agricultural 1-acre (FA-1 a) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone to change the district classification from Agricultural 20-acre (A-20a) to Family Agricultural I-acre (FA-1 a) for approximately 3.936 acres of land. One lot will be approximately 2.748 acres and will remain under the ownership of the current landowners. The other proposed lot will be approximately 1.188 acres and will be purchased by the applicant. The applicant owns and operates AK Essential Elements (Aloha Alyssa's), which makes Hawaiian lotions. The applicant intends to use the property to grow roses, papayas, avocados, aloe vera, gardenia and plumeria for her lotion and body care business. 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. -1- The Change of Zone request from Agricultural 20-acre (A-20a) to a Family Agricultural 1-acre (FA-1 a) zoned district will conform to, among others, the Economic and Housing elements of the General Plan: Economic • Provide residents with opportunities to improve their quality of life. • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Housing • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. The applicant has expressed her desire to purchase a piece of land for housing and for her business in the Hawi area for many years. She has found that it has become increasingly difficult to purchase property in this area because land prices have become unaffordable. Friends of the applicant have offered to sell her one acre of their approximate 3.9-acre parcel. The applicant has the opportunity to purchase a piece of property that will allow her to build a home and to use the land for her business. Her business promotes Hawaii through the sale of Hawaiian lotions. The agricultural products used within the lotions, which include roses, papayas, avocados, aloe vera, gardenia and plumeria, will be grown on the one acre parcel. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map 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 Intensive Agricultural. The applicant's request will not diminish the agricultural uses on the property and will remain consistent with the General -2- Plan's designation for this area. The applicant will be continuing to use the land for agricultural purposes by growing items used within the lotions that are sold for her business. The surrounding lands are located within the State's Agricultural District and in the County's Agricultural District. While the neighboring properties are within the County's Agricultural-20 acre (A-20a) zoned district, there are a number of non- conforming lots in the immediate area that are of similar size as proposed by the applicant. The property has previously been and is currently being utilized for pasturing and for growing fruit trees and vegetables. The site has been improved with a two single- family dwellings. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "V, an area determined to be outside of the 500-year flood plain. The property is identified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System as "other" important agricultural lands. Soils within the property and surrounding area is classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. Given the soil conditions within the property and surrounding area, the potential for intensive and/or extensive agricultural uses do exist. The agricultural uses on the property will not diminish, but will increase with the approval of the request based on the applicant's representation that the land will be used to grow items associated with the applicant's business. All utilities and services are available to the site. Access to the two proposed lots is from Kokoiki Road, which fronts the property. Kokoiki Road is a County Road with an approximate 11-foot wide pavement within an approximate 30-foot right-of-way. The site is serviced by County water. As there is no municipal sewer system in the area, the applicant will be required to dispose wastewater into an individual wastewater system meeting the standards and requirements of the State Department of Health. Electrical, telephone and cable services are available to the site. Police, fire and emergency facilities are located in Kapaau, approximately five (5) 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 five miles from the -3- 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 has been previously grazed by cattle, 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 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. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: As the site was formerly used for pasturing, and there are two single-family dwellings on the property, an archaeological inventory survey of the site was not conducted. In a memo dated January 2, 2004, the DLNR-SHPD indicated that "we believe no historic properties are present because intensive cultivation has altered the land; thus, no historic properties will be affected by this undertaking." A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. -4- Possible adverse effect or impairment of valued resources: 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 immediate area. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed request will not affect traditional Hawaiian rights, and no action is necessary to protect these rights. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-20a) to a Family Agricultural (FA-1a) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-8 (Opolu Point-Kaauhuhu Homesteads Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -s- BILL NO. _ (PLANNM DEPAR'IM ENT ) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2-8-8 (UPOLU POINT - KAAUHUHU HOMESTEADS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRE (A-20a) TO FAMILY AGRICULTURAL - I ACRE (FA-1 a) AT KOKOIKI, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-4:33. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL• SECTION I. Section 2-8-8, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kokoiki, North Kohala, Hawaii, shall be Family Agricultural - 1 acre: Beginning at the Southwesterly comer of this parcel of land, being also the Northwesterly comer of Lot 25 of Puuepa-Kokoiki Homesteads and being a point on the Northeasterly side of an existing 30-Ft. Wide Roadway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEHONI" being 411.49 feet South and 840.23 feet East and running by azimuths measured clockwise from True South: I . 133° 58' 30" 260,90 feet along the Northeasterly side of an existing 30-Ft. Wide Roadway to a point; 2. 229° 32' 30" 762.00 feet along the remainders of Lot 26 of Puuepa-Kokoiki Homesteads and Grant 7473 to Martha Koolau to a point; 3. 311 ° 03' 30" 127.50 feet along Lot 2 and along Grant 2764 to Kamoe and Kai to a point; 4. 308° 13' 61.64 feet along Lot 1 and along Grant 2764 to Kamoe and Kai to a point; -1- 5. 44° 06' 771.08 feet along Lot 25 of the Puuepa-Kokoiki Homesteads and along Grant 7010 to Zolobabela Kaai to the point of beginning and containing an area of 3.936 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare, or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to. (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CAcke,.an-REZ04-017.jwd 7/22/04 ALYSSA ACKERMAN CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. 04-017 A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. D. Only one additional lot (total of two lots) will be allowed. E. All driveway connections to Kokoiki Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. The applicant shall provide a 10-foot wide future road widening setback easement along the length of the property fronting Kokoiki Street. G. All grading and grubbing activities and drainage improvements shall meet with the approval of the County Department of Public Works. H. A drainage study of the subject property, if required, shall be prepared by the applicant and submitted to the Department of Public Works for review and approval, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. 1. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. J. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. K. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the -1- immediate area shall cease and the Department of Land and Natural Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. L. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $9,671.44 per single family residential unit. Based upon the applicant's representation of intent to develop a total of one (1) additional single-family residential unit, the indicated total of fair share contribution is $9,671.44 for the single-family residential unit. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $4,663.74 per single family residential unit for one (1) single family residential unit for an indicated total of $4,663.74 to the County to support park and recreational improvements and facilities; -2- 2. $224.98 per single family residential unit for one (1) single family residential unit for an indicated total of $224.98 the County to support police facilities; 3. $444.36 per single family residential unit for one (1) single family residential unit for an indicated total of $444.36 to the County to support fire facilities; 4. $194.55 per single family residential unit for one (1) single family residential unit for an indicated total of $194.55 to the County to support solid waste facilities; 5. $4,143.81 per single family residential unit for one (1) single family residential unit for an indicated total of $4,143.81 to the State or County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire, police and solid waste disposal facilities subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and the approval of the Hawaii County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies, including those of the Department of Public Works, Department of Water Supply and the Department of Health. 0. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been -3- foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). P. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -4- N A-10a A-10a ~ F. 6 ICULTURAL (,?Oa) \ TOF ILYAGRIC LfU (FA-1a) s A-10a 3 3 ACS. \ \ 411.49 A-20a 840~ A iK HO A-20a \ A-10a Ako i P le Hwy. A-10a A-20a _ A fa A-20a 20a \ ~y 7- A-10a ~e - Par R . o ~ - W A-10a o A-20a e A-20a A-20a A-600a A-20a imo soo o AOO 2,M ~ooo aaoa sooo reel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-8 (UPOLU POINT-KAAUHUHU HOMESTEADS ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-1 a) AT KOKOIKI, NORTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 5-5-004033 Date: June 21, 2004 EXHIBIT "A" (Alyssa Ackermaml 142)