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HomeMy WebLinkAboutBIL 020 Draft 01 2004-2006 BILL NU. zo ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:33. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, 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 Ouli, South Kohala, Hawaii, shall be Residential and Agricultural (RA-2a): Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 36-B of Anekona Estates and being a point on the Westerly side of Anekona Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA"being 12,062.83 feet North and 17,326.82 feet West and running by azimuths measured clockwise from True South: Thence from a tangent azimuth of 354° 24' 37" following along the Westerly side of Anekona Road on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 1. 346° 58' 20.5" 90.62 feet to a point; Thence, for the next four (4) courses following along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa: Thence from a tangent azimuth of 159° 32' 04" following along Lot 2 of Anekona Estates on a curve to the left with a radius of -1- 20.00 feet, the chord azimuth and distance being: 2. 128° 16' 02" 20.76 feet to a point; 3. 97° 00' 750.00 feet along Lots 2, 35 and 34 of Anekona Estates to a point; 4. 98° 59' 641.36 feet along Lots 34 and 32 of Anekona Estates to a point; 5. 164° 06' 48" 244.49 feet along Lot A-3-1 to a point; 6. 253° 33' 40" 179.62 feet along the Southerly side of Kawaihae- Waimea Road (F.A.P. NRH 11-C) to a point; Thence, following along the Southerly side of Kawaihae-Waimea Road (F.A.P. NRH 11-C) on a curve to the right with a radius of 1,116.00 feet, the chord azimuth and distance being: 7. 268° O1' 40" 557.59 feet to a point; Thence, for the next three (3) courses following along the remainder of Royal Patent 2237, Land Commission Awazd 8518-B, Apana 1 to James Young Kanehoa: 8. 2° 20" 357.03 feet along Lot 36-A of Anekona Estates to a point; 9. 277° 00" 708.64 feet along Lots 36-A and 36-B of Anekona Estates to a point; Thence, following along Lot 36-B of Anekona Estates on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 10. 225° 42' 18.5" 31.22 feet to the point of beginning and containing an area of 6.5077 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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 maybe 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. A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its 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 Rural District. C. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date ofthis ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final -3- Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. No access to the property shall be allowed to and from Kawaihae Road (Highway 19). F. At the time improvements at the Kawaihae Road - Anekona Street or Kawaihae Road - Kanehoa Street intersection are made by the State Department of Transportation, the applicant(s), its successors or assigns shall pay their fair share amount for the required improvements which will be determined by the Planning Director in consultation with the Department of Transportation. G. Should any remains of historic sites, such as rock walls, ten-aces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. H. The applicant(s) shall comply with all applicable laws, rules, regulations and requirements of affected agencies. I. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -4- J. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), its 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 maybe extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. - COUNCIL MEMBER, COUN AWAI`I 1 g ~ 1, ~ ~i ~ COUNCIL ME ER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFEF!EtvCE: Comm. 63 -6- A-40a N A-40a W E AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a S 6.5077 ACRES A-40a A-40a 12, 082.83 N 17,328.82 W "PUU PA"~. ~ -T - i-T - ----1--. 1 A-3a _ _ - - - A-3a waihae Rd ~ ~ ~ , / ~ A-3a s ~x R~ 2a ~ l ~ _ I RA-1a A-fa 1 1(aK, ~ ~ i a-1a ~~A a-~ / ~ihae o! ~ ' a-3a . % ~ i \ \ A-Sa ~ ~p0 ~ ~ LLLL A ~ RA-2a i AfSa 4+sf/ ~ / RAf1a ; A=~Sa i i i \ - Kao~eh0a St.i i RA-2a / i I - 1~ -I ~ A-~ ~ ~ i~~. i ~ ~ ~ ~ ~ ; _ , A Sa R -2a \~i~ I ~ A-fa RA-2a ?A-~ i ' 2a ~ 1 0 $y,. ~ A-la ~ ~A ~ ~ ~ ~ RA-~1a ~ - / A-5p I RA~a \ 1 ~ y~5 ~ I \ l -2a ~ ~ Afa - 1.. I i V ~ A-Sa A-Sa A-ia i 960 480 0 960 1920 2880 3840 46111 eel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 6-2-011:033 Date: September 24, 2004 EXHIBIT "A" (A~ME~DA:11s1) BAlmeidaREZ.doc-10/ 13/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ROBERT AND CHRISTINE ALMEIDA STATE LAND U5E BOUNDARY AMENDMENT APPLICATION (SLU 04-011) CHANGE OF ZONE APPLICATION (REZ 04-026) ROBERT AND CHRISTINE ALMEIDA have submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately 6.507 acres of land. The property is located along the south side of Kawaihae Road (Highway 19) with access from Anekona Street, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11: 33. APPLICANTS' REQUEST 1. Request: State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A-Sato RA-2a to subdivide the property into two lots approximately two acres in size. One dwelling is proposed to be constructed on each lot. (Exhibit 1 -State Land Use Boundary Amendment and Change of Zone Applications) 2. Landowners: Robert and Christine Almeida. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Extensive Agricultural. The County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for the Anekona Estates and Kanehoa Subdivisions and both sides of the Kawaihae Road from Extensive Agricultural to Rural. 5. County Zoning: A-Sa. 6. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use Rural District and County RA-2a zoned district. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies withir. the Coastal Zone Management Area. 8. Special Management Area (SMA): The Special Management Area is a part of the ATTACH: C-63 (Bills 20 & 21) Coastal Zone Management Program and regulated by the County. The property is located approximately six miles from the nearest coastline and not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is a roughly rectangulaz shaped approximately 6.507- acre parcel located in the Anekona Estates Subdivision between Kawaihae Road on the north and "Easement 27" on the south. The site is vacant but has been graded to facilitate its use for pasturing animals. The site slopes from the southern to the northern boundary at a grade between 5 and 25 percent, with the steepest grades on the southern portion of the site. 10. Anekona Estates Subdivision: The property was created on October 23, 1990 as one of the origina136 lots in the Anekona Estates Subdivision. 11. Adjacent Land Uses: The adjacent property to the east, as well as the property located across Easement 27 to the southeast, was reclassified to the State Land Use Rural district and rezoned RA-2a. Surrounding lands aze in residential uses and/or vacant with minimal agricultural activities. 12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-Sa and RA-2a zoned districts. The Kanehoa Subdivision is located immediately to the east (mauka) of Anekona Estates Subdivision. The Kamuela Plantations Subdivision, consisting often lots, is located to the east, and the Waimea Landmazk Estates Subdivision, consisting oftwenty-six lots, is located to the north across Kawaihae Road. These subdivisions include mixed residential uses and vacant lands. ] 3. Previous Approvals: From 1998 to present, the County Council has approved similaz requests for State Land Use Boundary Amendments from the Agricultural to Rural Districts and Change of Zones from A-Sato RA-2a in the Anekona Estates Subdivision. (Exhibit 2 -Map of Anekona Estates Subdivision) 14. ALISH: Unclassified. I5. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor". 16. U.S. Soil Survey: Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. Permeability is moderately rapid, runoff is medium, and the erosion hazazd is -2- moderate. 17. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 18. Flora/Fauna Resources: No formal flora/fauna study was submitted. The site has been grubbed and previously used for pasturing animals. The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. Common animal species in the area include field mice and mongoose. According to the applicants, there is no known or recorded rare or endangered animal or plant life in the area. 19. Archaeological Resources: Since the property was graded for development and previously used for pasturing activities, the applicants state that it is expected that no archaeological or historic features exist on the property. By letter dated July 5, 2004, the applicants requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (HPD). 20. Cultural or Native Gathering Rights: According to the applicants, there is no evidence of any traditional and customazy Native Hawaiian rights being practiced on the site. 2l . Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 22. Access: Access to the site is from Anekona Street to Easement 27, a private roadway with a 50-foot right-of--way with 16 feet of asphalt paving and grass swales. 23. Water: County water is available to the site. 24. Wastewater: There is no municipal sewer system in the azea. All lots in the area dispose of wastewater through individual wastewater systems. Any structures on the property would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. 25. Essential Utilities and Services: Underground electrical, telephone and cable services are available to the property. The nearest police and fire facilities aze located in Waimea, approximately six (6) miles east of the site. 26. Recreational Facilities: The Waimea Park and Anuenue Playground aze located in Waimea. Spencer Beach Park is approximately (6) miles west of the site. AGENCIES' COMMENTS 27. Department of Environmental Management: Exhibit 3 -September 30, 2004 Memo AGENCIES - NO RESPONSES 28. Department of Public Works, Department of Water Supply, Department of Parks and Recreation, Police Department, Fire Department, Department of Land and Natural Resources Land Division and Historic Preservation Division, Department of Health, Department of Transportation, State Land Use Commission PUBLIC COMMENTS 29. None as of this writing. -4- STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Robert and Christine A id PETITIONER'S SIGNA ~ ~ ~ ~ ATE: 7ilo/oa ADDRESS: 68-1756 Ho'Oko Street Waikoloa, Hawaii 96738 PETITIONER'S INTEREST IF NOT OWNER: Owners TELEPHONE: (Bus.) 989-2332 or 885-3600 (R09.) 883-8367 (FaX) LANDOWNER(S): Robert and Christine ei LANDOWNER SIGNATURE(S): ~ ~ ~ ATE: 7no/oa (May be by letter) ADDRESS: 68 1756 Ho'Ok 4treet Waikoloa Hawaii 96738 TAX MAP KEY: (3) 6-2-O1 L033 STREET ADDRESS OF PROPERTY: Kanehoa Street ZONING: Agricultural 5-acres (A-5a) SIZE OF PROPERTY: 6.507 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT: Gregory R. Mooers ADDRESS: x,r..,,P.~ Fnfvmncrc r r t- P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res_) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Robert Almeida (See Instructions on Reverse Side) GXu~o''~° G ~7~ CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Robert and Christine Al ida APPLICANT'S SIGNATURE: ~ DATE: 7no/oa ADDRESS : 68-1756 Ho' Oko Street Waikoloa, Hawaii 96738 LIST APPLICANT'S INTEREST IF NOT OWNER: owners LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 989-2332 or 885-3600 (ReS~883-8367 (Fax) LANDOWNER(S): Robert and Christine da, hustland and wife LANDOWNER SIGNATURE(S): G1~ ~ DATE: 7/10/04 (May be by letter) LANDOWNER(S) ADDRESS: 68-1756 Ho'Oko SVeet, Waikoloa, Hawaii 96738 REQUEST: Agricultural 5-acres (A-Sa) TO Residential-Agricultural 2-acres (RA-2a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-011:033 STREET ADDRESS OF PROPERTY: Kanehoa Syeet SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 6.507 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 885-7126 Fax 885-1574 TELEPHONE: (Bus.) 885839 (Rea.1 ( ) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Robert Ahneida (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE i• If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes 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? 6.507 b Into what lot sizes? 2+acres 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? immediate d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: On how many of those lots? Z At what approximate price range? House Lot T o to 1 $400,000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? b• Sell or lease the land to someone who has tentative plans? Se11 or lease the land to someone who has no plans? d. Keep it? e. P. D. 2 5/89 I If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create one additional residential-agricultural lot in the South Kohala district. q, Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a, Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? ~ Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- Agricultural leases or other farms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. B• 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? Yes No a. Schools X b. Roads X ~ Sewer X d. Drainage X -3- Yes No e, Police Protection X f. Fire Protection X X 9. Recreational Facilities X h. Public Utilities I Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ ~i~ ~ ~ Address : 68-1756 Ho'Oko SVeet Waikoloa, Hawaii 96738 Telephone: 883-8367 Date: July 10, 2004 -9- TABLE OF CONTENTS Page STATE LAND USE BOUNDARY AMENDMENT APPLICATION CIIANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS i I. GENERAL INFORMATION 2 IL SUBJECT REQUEST/PROPOSED DEVELOPMENT 2 III. CONFORMANCE WITH STATE AND COUNTY PLANS A. State Land Use Designation 3 B. Applicable Goals/Policies and Objectives of the General Plan........ 5 C. General Plan Designation 6 D. County Zoning Code 7 E. Special Management Area 7 F. Chapter 205A: Coastal Zone Management Act 7 G. Mountain Access 8 IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting 8 Historic Resources 9 Cultural Resources 10 Natural Resources (Flora-Fauna) 10 Social-Economic Characteristics 10 Surrounding Lands 11 i V. PUBLIC FACILITIES AND UTILITIES A. Location 11 B. Water Service 12 C. Utilities 12 D. Wastewater Disposal 12 E. Police Services 12 F. Fire Services 12 G. Public Recreation 12 H. Schools 12 VI. ENVIItONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity 12 B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact 12 C. Alternatives to the proposed development 13 D. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented 13 VII. PROPOSED FINDINGS 13 VIII. EXHIBITS A. Request for "No Effect Letter from SHI'D B. Location/Vicinity Maps C. Change of Zone Exhibit D. Site Photographs ii BACKGROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO RURAL CHANGE OF ZONE: AGRICULTURAL 5-ACRE TO RESIDENTIAL-AGRICULTURAL 2-ACRE Tax Map Key: (3) 6-2-11:033 Ouli, South Kohala, Hawaii Applicants: Robert and Christine Almeida The applicants, Robert and Christine Almeida, are seeking a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-Sa) to Residential -Agricultural 2-acres (RA-2a) fora 6.507 acre parcel located on the north side of Kanehoa Street and south side of Kawaihae Road at Ouli, South Kohala, Hawaii, Tax Map Key (3) 6-2-011:33 These requests are made to allow the subsequent subdivision of the property into 2 residential-agricultural lots with related improvements consistent with the new zoning designation. I I. GENERAL INFORMATION: Robert Almeida and Christine Almeida, husband and wife, aze the fee owners of the subject property. The subject property is Lot 33 of the Anekona Estates Subdivision. II. SUBJECT REQUEST/PROPOSED DEVELOPMENT: A. The applicants are proposing to redistrict a 6.507 acre parcel from the agricultural district to the rural district and change the zone from Agricultural 5-acre (A-Sa) to Residential-Agricultural 2-acres (RA-2a) to allow the subdivision of the property into 2 residential-agricultural lots in conformance with the new zoning designation. B. The site presently is vacant and unused. This site has been used previously and periodically to pasture livestock. The property has previously been graded to facilitate its use for pasturing animals and for subdivision purposes. Please see the site photographs in the exhibits. C. The 6.507 acre lot is a roughly rectangular shaped lot located between Kawaihae Road on the north and easement " 27" on the south. Please see the vicinity maps and rezoning exhibit in the Exhibits. D. Access to the proposed subdivision will be from the existing easement " 27". Easement " 27" is a private roadway with a 50' right-of--way with 16' of asphalt paving and grass swales. E. There will be no interior roadways as both lots will have direct access off of easement " 27". Please see the change of zone exhibit. F. Underground utilities will be provided to each of the proposed 2 lots from the Anekona Estates Subdivision's existing infrastructure that presently serves the site. G. Construction on the newly created lots will begin immediately afrer all governmental approvals are secured. H. There will be restrictive covenants developed for the subdivision that will prohibit second dwellings to preserve the residential-agricultural ambience of the area. 2 III. CONFORMANCE WITH STATE AND COUNTY PLANS: A. State Land Use Designation: The State Land Use District Classification of the subject parcel is Agricultural. One component of this request is to re-district the Agricultural property to the Rural District. It should be noted that since 1985, pursuant to State law, the Counties are allowed to process amendments to the district classification if the land area is less than 15 acres. In this case the subject parcel consists of 6.507 acres so no Land Use Commission ratification is needed. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the azeas; (2) Activities or uses as chazacterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in azeas where "city-like" concentration of people, structures, streets, and urban level of services aze absent, and where small farms are intermixed with the ]ow-density residential lots; and (3) Generally, pazcels of land not more than five acres; provided it may include other parcels of land which aze surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The proposed redistricting is consistent with § 15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that aze compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure 3 pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similaz agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low- density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regazd to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and 4 services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. B. Applicable Goals/Policies and Objectives of the General Plan: LAND USE Through the cazeful 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. POLICIES • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. HOUSING GOALS • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • 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 • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standazds and criteria for the establishment of these areas shall be developed. APPLICANTS' RESPONSE: The proposed action will be the best classification for these lands and in the best interest of the island's residents. The rural designation and RA-2a zoning is the appropriate designation as it has access to community services, employment centers and necessary utilities. The proposed action meets the needs of the Waimea community by providing residential- agricultural type lots and is in balance with the physical and social environment. The proposed action is consistent with the General Plan and the surrounding zoning and land uses. The Council has consistently supported Rural designations and uses for this subdivision and the immediate azea surrounding the subject property. C. General Plan Designation: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the 6 various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Extensive Agriculture. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. D. County Zoning Code: The original zoning for this parcels was Unplanned, but upon the approval of the new zoning code on December 7, 1996, all Unplanned zone property was re- designated as Agricultural 5-acre (A-Sa). One component of this request is to change the zone of the property to Residential-Agricultural 2-acres (RA-2a) E. Special Management Area: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA permit. F. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately six miles from the shoreline surrounded by a regional roadway system and rural-residential subdivisions and vacant land. The proposed use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 7 G. Mountain Access: The subject property is surrounded by the regional roadway system vacant lands and rural-residential subdivisions. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING: Physical Characteristics/Bnvironmental Setting: A. The 6.507 acre lot is a roughly rectangular shaped lot located between Kawaihae Road on the north and easement " 27" on the south. Please see the location map and rezoning exhibit in the Exhibits. hn h^`~ B. The property's Kawaihae Road frontage is approximatel eet. Please see the site plan in the exhibits. C. Annual rainfall for the area is between 20 to 35 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. D. The site is slopes from its southern boundary down to the northern boundary at a grade between 5 and 25%, with the steepest grades being on the southern portion of the site. E. The site presently is vacant. The site has been previously used periodically for pasturing animals. Please see the site photographs in the exhibits. F. The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity of hazazd. The U. S. Geological Survey designates the subject property as "Lava Hazazd Zone 8"; Only a few percent of this azea has been covered by lava in the past 10,000 years. G. The site is located approximately six miles from the ocean at Spencer Park. H. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has no classification for this property. 8 I. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists of well-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dazk brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dazk yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. J. The Land Study Bureau's overall master productivity rating system classifies the soil as Class "E" or Very Poor for agricultural use. K. According to the Flood Insurance Rate Map (FIRM) prepazed by the U.S. Army Corps of Engineers, the property is in Zone "X", an azea outside the 500-year flood plain. Historic Resources: Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. The applicant has written a letter to the State Historic Preservation Division requesting a 9 determination of "no effect" for the proposed action. A copy of that letter is in the Exhibits. Recent archaeological assessments in this subdivision have led to "no effect" letters from SHPD. Cultural Resources: No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. Natural Resources (Flora-Fauna): The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. As previously mentioned, the site has been grubbed and formerly used for pasturing animals. Common animal species in the area include field mice and mongoose. There is no known or recorded raze or endangered animal or plant life in the area. Social-Economic Characteristics: Social settlement pattern for the area: Waimea, along with the rest of South Kohala, has undergone significant change over the past two decades as resort development along the South Kohala coastline has grown and the base facilities for astronomy reseazch have been developed in town. This area has been a ranching community for many years, the home of Pazker Ranch and many smaller cattle operations. Farmers have settled in the azea to grow truck crops for the Big Island and the rest of the state. There are retirees from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii Preparatory Academy has attracted many families with their national reputation as a high- quality college preparatory school. 10 Economic resources of the area: This ranching community is the home of numerous ranching and farming activities. Many residents are actively engaged in commercial agricultural activities. More recently residents have found employment at the resorts on the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened and this has provided a number of employment opportunities in the health care and related fields. Hawaii Preparatory Academy and Parker School aze valued resources for the area. Waimea is also the host town for the headquarters of the Keck and CFH telescopes atop Mauna Kea. Land Values: According to knowledgeable Realtors in this azea, similar agricultural 2- acre lots in this immediate area sell for $250,000 to $275,000. Surrounding Lands: Land Use/Zoning: Of the adjacent pazcels, some aze in the State Rural District and zoned RA-2a by the County. There are twenty other properties similarly zoned in the Kanehoa and Anekona Estates Subdivisions. The remaining surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west. The Ouli Subdivision further to the west is zoned A-la and is presently undeveloped. There is a small State classified urban azea located immediately below the site that hosts an affordable housing project, Ouli Ekahi. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. V. PUBLIC FACILITIES AND UTILITIES A. The property is located between Kawaihae Road on the north and Easement " 27" on the south. Easement " 27" is a private 50' wide right-of--ways with 16' of asphalt paving and grass swales. 11 B. The site is serviced by Department of Water Supply water and presently has two meters. C. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates Subdivision. D. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the subject pazcel would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. E. The nearest police station is located six miles east of the site in Waimea. F. The nearest fire station is located six miles east of the site in Waimea. G. The nearest public recreation facility is Waimea Pazk and Anuenue Playground located five miles east of the site. Hapuna Beach Pazk is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. H. Public schools (five miles east) and private schools (four miles east) provide educational services to the area. VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long- term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated in accordance with agency requirements. 12 C. Alternatives to the proposed development: One alternative to the proposed action would be to leave the parcel vacant and undeveloped. This would not allow the development of an additional lot for residential-agricultural purposes in this desirab]e area of South Kohala. It would also not increase the real property tax base as the proposed action would. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of one additional rural residential unit would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions applied to this request would help insure the protection of the natural and cultural resources on the property. There are presently no such conditions placed on the property. VII. PROPOSED FINDINGS: Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicants request a favorable consideration of these boundary amendment and change of zone applications. 13 1 i 1 ® EXHIBIT A Request for "No Effect Letter" from SHPD 1 MOOERS ENTERPRISES, LLC P.O. BoX 1 1 O1 KAMUELA, HAWAII 96743 July 5, 2004 Mary Anne Maigret ~O State Historic Preservation Division Ov ~l 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 Re: Archaeological Clearance TMK:(3) 6-2-011:033 Anekana Subdivision Lalamilo, South Kohala, Hawaii Mary Anne: I am processing a change of zone request for the property identified above which is located th the Anekona Estates Subdivision. I have been required by the Planning Departrnent to either get a "no effect" letter from your Division or do an inventory survey for the subject property. There have been numerous change of zone applications in this subdivision that have been processed without inventory surveys. Previously your division has written "no effect" letters for these changes of zone actions. By this letter I am requesting that you issue a "no effect letter" for the change of zone requested for this property. I would like to spaze the applicants the expense of what I believe to be an unnecessary survey or assessment and your division the time required to review it. The adjoining subdivision to the east of Anekona Subdivision, which is called Kanehoa Subdivision, has seen several changes of zone and CPR's as well. It might be beneficial for your division and the Planning Department to make a policy for both of these subdivisions that would reduce your volume of work, spare an unnecessary expense for the applicants and still protect any historic sites which might remain on the property after years of pasturing and the development of the subdivisions and their related improvements. I would be happy to work with you to help develop a policy for both of these subdivisions. Should you require additional information or have any questions, please contact me. I appreciate your prompt response to this request fora "no effect" letter. Sincerely, ~~'jf~~°~",,~ Grego . Mooers President GRM:jy Copy: Chris Yuen, Planning Director PHONE: (808) 885-6839 FAX: (808) 885-1 574 EMAIL: GMOOERS@HAWAII.RR.COM 1 EXHIBIT B Location/Vicinity Maps WAIMEA LANDMARK ESTATES, UNIT 1 (FILE PLAN 1507) ~ ti - - ~NDMARK ESTATES, UNIT 1-A ~ i- - KAWA/N (FILE PLAN 1735) ~hl AE-WAIMEA ROAD F.A. P, ~ 2 ~w ~ z ~ A N E To Waimea--_ o A .F v1,1?~:-'' Tom.`'.. ^ w:i.r.~ S. ti ANfKONA ROAD II i J OULI EKAH7 PLACE AHO PLACE OULI MUTUAL SELP HELP HOUSING PROJECT VICINITY MAP SCALE: 1 INCH = 500 FEET EXHIBIT C t Change of Zone Exhibit i _ z I_ J_ - ~ _ i, s ~ s a~ A t li ~ ~1P OtlOb bN ON3Ntl '3~,'ybbP'~ ~ noc_ Rd ~f ~9 ~ ~f b 1 2 4 e li 3 B c ~ 1 ~ °o @ ~ ~ c - Y P 3 O = o W ~ o e ~ ~ E m m h ~ 0 0 W o ova i k 2 Q ~ ~ o., i W Z o„ Y o 3p ` t3 W 2 v=,i aQ ~x 0 n` 2 aQ °m ~o p ~O c~ ~ h m~ p ~ M ~ ~ QU ~ 3 ~ . -vas<' ~ ~ Q c 0 I U ~ c 0 K H N N d yp 1', ~ 8 I v n: o ~ ~ Y$g' , e i.: ~i3 t „m j4 ~ ~i 31N r-7! N°`v i 1 t 1 1 1 EXHIBIT D Site Photographs SITE PHOTOGRAPHS View of easement 271ooking west, subject property on right side of road. 1. ~ s ram. - p,~ r w~~ ~ View of subject property from easement 27, looking northwest. d ~~a €i~sx .,N- i aE~°a- - s r,. ~ V E CD e \ 1 O _R kn " - O-_________________ `o I ' i a e Ai _ iee ~ . e } to ~ zt Q ° n lie e~ .e _i'~ O _ a, JAI e~! <o of r'~ ° ~ 111 w I e ~ 1. ~8~• E ~ ~wi ~V~ c a W /~M x' q d ,wa~a`' i9Y i `•g h ~ W F O H`jk i~ i ~ ~ iii, J " ® ~i R W lJJ ~ Q ~ r ~ .le.: ~ a~ ° .°<O - o x J+ 7~ ~ i i. e° ~i' 2 O e O < O ~ 4 eft w 2O s 8 .Q^. ° ~~i~ 2 O R ` t j- ~ Q i ~ F •i w;O 7 N ^i;A! ~ y s i - ~ e ~ [ N ~ ' _ O' _ i : j q I.L 3° ~ sS •or _ i i i ` ry~'^i ~ i i }p s •i o~ L Q 1J ~ i.laa 'o i i ° i•" i E J ~ I k: a o o ~ ~ ~ W V ~ ItT,., ~ i O.~ V O F N Iii / A~iilc:. Harry Kim ~ Barbara Bell Mayor r Director .+ia i' "'$.'w>•' Nelson Ho Deputy Director f!(,T ? ~ U,IIITYI~'~J ITi MilTttiT ~ ~ D~)?~RTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupu ni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • rax (808) 961-8086 MEMOR9NDUM Date September 30, 2004 To CHRISTOPHER YUEN, Plannin ~ir~ctor r i From BARBARA BELL, Directo~~~~ ' t SUBJECT: State Land Use Boundary Amendment Application (SLU 04-011) Request: Agricultural to Rural Change of Zone Application (REZ 04-026) Request: A-Sa to RA-2a Applicant: Robert and Christine Almeida TMK: 6-2-11:33 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: N/A ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: - SOLID WASTE DIVISION: ~,T m ( ) No comments = Commercial operations may not use transfer stations for disposal. ( x) Aggregates and any other construction/demolition waste should be reused to its fullest W extent. (x) Ample room should be provided for recycling. (K) Greenwaste maybe disposed of at the drop sites located at the Kailua and Hilo transfer stations. (X) Other: cnntsrnyU'tt'~r~S d- L>S~KtF~f.tl"l9N lvR.~l'~ t1Oi ACCC=f'TL"D Coe~nrt^r~FCK s7-at.T-t oroV~ - CC: SWIG 6269 Hmvaf7 County fs nn egunl oppornmily prov(det' and employer'- Ali RAlmeidaltEZ.doc-10/ 13/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ROBERT AND CHRISTINE ALMEIDA CHANGE OF ZONE APPLICATION (REZ 04-026) 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 a Change of Zone request 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 applicants aze requesting a Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately 6.507 acres of land to subdivide the property into two lots approximately two acres in size. The applicants propose to construct a dwelling on each lot. The applicants have submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to a Rural district. In order to consider an area for any type of zoning designation, the applicable goals, policies and standazds 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 A-Sa to RA-2a will conform to, among others, the Land Use (Single Family Residential) and Housing elements of the General Plan: Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. -1- • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the vazious land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject azea is designated Extensive Agricultural. The County is currently conducting a comprehensive review update of the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for the Anekona Estates and Kanehoa Subdivisions and both sides of Kawaihae Road, from Extensive Agricultural to Rural, which reflects more accurately the residential-agricultural chazacter of the azea. The County Council has previously approved land use reclassifications in the Anekona Estates, Kanehoa, and Kamuela Plantations Subdivisions to the State Land Use Rural district and Residential-Agricultural zoning. From 1998 to present, the County Council approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A-Sato RA-2a in the Anekona Estates Subdivision. The property was created on October 23, 1990 as one of the original 36 lots in the Anekona Estates Subdivision. Surrounding lands are zoned A-Sa and RA-2a and located within the State's Agricultural and Rural Districts. The adjacent property to the east, as well as other properties to the east and southeast have been reclassified into the State Land Use Rural District and rezoned RA-2a. These lands aze in residential uses and/or vacant with minimal agricultural activities. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. Should this request be approved, the applicants may normally apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the area. Although the -2- Planning Director supports this rezoning request to allow atwo-lot subdivision with one home on one lot, the potential to allow four (4) homes may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. The property was previously utilized for pasturing livestock, but is vacant and currently not used for any agricultural activities. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-yeaz flood plain. The property slopes from its southern to its northern boundary at a grade between 5 and 25 percent, with the steepest grades on the southern portion of the site. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding azea is classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding azea would preclude such intensive agricultural activities from being conducted. Access to the property is from Easement 27, a private roadway with a 50-foot right-of--way with 16 feet of asphalt paving and grass swales. Similar change of zones may occur in the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision, creating home sites and placing additional traffic burden on Kawaihae Road. Therefore, conditions of approval have been included to ensure that the requested road improvements be planned for either through a Federal transportation program or a fair share contribution towards roads. The site is serviced by County water. As there is no municipal sewer system in the azea, the applicants would be required to dispose wastewater into a septic tank system meeting the standazds and requirements of the State Department of Health. Underground electrical, telephone and cable services are available to the site. Police, fire and emergency facilities are located in Waimea, approximately six (6) miles east of the property. -3- The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately six miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain azeas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the azea. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property and surrounding azeas have been previously used to pasture livestock, it is not anticipated that endangered or threatened candidate species of flora or fauna aze 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 azea. 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 is asingle-family dwelling on the property, an azchaeological inventory survey of the site was not conducted. By letter dated July 5, 2004, the applicants have requested a "no effect" letter from the State Historic Preservation Division. A condition will be included to require the applicants 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: The applicants have stated that there is no evidence of any traditional and customary Native Hawaiian rights -4- being practiced on the site, nor existence of any known valued cultural, historical or native resources in the azea. 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 necessazy to protect these rights. The 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 5-acre (A-Sa) to a Residential and Agricultural 2-acre (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Districts 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. (PLANNING DEPARTDIENT) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:33. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, 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 Ouli, South Kohala, Hawaii, shall be Residential and Agricultural (RA-2a): Beginning at the Northeasterly comer of this parcel of land, being also the Southeasterly corner of Lot 36-B of Anekona Estates and being a point on the Westerly side of Anekona Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA"being 12,062.83 feet North and 17,326.82 feet West and running by azimuths measured clockwise from True South: Thence from a tangent azimuth of 354° 24' 37" following along the Westerly side of Anekona Road on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 1. 346° 58' 20.5" 90.62 feet to a point; Thence, for the next four (4) courses following along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa: Thence from a tangent azimuth of 159° 32' 04" following along Lot 2 of Anekona Estates on a curve to the left with a radius of -1- 20.00 feet, the chord azimuth and distance being: 2. 128° 16' 02" 20.76 feet to a point; 3. 97° 00' 750.00 feet along Lots 2, 35 and 34 of Anekona Estates to a point; 4. 98° 59' 641.36 feet along Lots 34 and 32 of Anekona Estates to a point; 5. 164° 06' 48" 244.49 feet along Lot A-3-1 to a point; 6. 253° 33' 40" 179.62 feet along the Southerly side of Kawaihae- Waimea Road (F.A.P. NRH 11-C) to a point; Thence, following along the Southerly side of Kawaihae-Waimea Road (F.A.P. NRH 11-C) on a curve to the right with a radius of 1,116.00 feet, the chord azimuth and distance being: 7. 268° O1' 40" 557.59 feet to apoint; Thence, for the next three (3) courses following along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa: 8. 2° 20" 357.03 feet along Lot 36-A of Anekona Estates to a point; 9. 277° 00" 708.64 feet along Lots 36-A and 36-B of Anekona Estates to a point; Thence, following along Lot 36-B of Anekona Estates on a curve to the left with a radius of 20.00 feet, the chard azimuth and distance being: 10. 225° 42' 18.5" 31.22 feet to the point of beginning and containing an area of 6.5077 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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 maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs direct]y 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 ] st Reading: Date of 2nd Reading: Effective Date: -3- A-40a N A-40a W N AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a s 6.5077 ACRES A-40a A-40a 12, 062.83 N 17,326.82 W "PUU PA"~ - _ ~ A-3a 6' ~ ~ A Ja ~ A-3a ~,waihaeRd• y{~ ~v ~ ~ RA-2a A-fa r ~ R -2a kdµ. - 1 .g ~ ~ A-1a 9ijd dA-6a 1 lhae d, ~ A-3a A Sa I RA-2a A~Sa 4dsf RA a 1 A- \ _ _ Kan~hoa St.~ i RA-2a ~ ~ ~ A-5a A Sa / ~ ~ ~ ~ R -2~~ RA-2a R. ~-2a A-Sa ~ \ $t. ~ _ A-fa -__.I o I RA-2a A-5a ~ t(a~ eh~ t 1 Y-_~,/ /J I ~ -fi-5~ Ada ~ ~ \ A RA ~ RA a ~ ~ ~ I ~ , . -~-2a a 1 C_ A-1a ~ ' 1 \ A-Sa A-6a A-fa ~ p 960 d00 0 960 1920 1.800 3840 HBO eel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 6-2-011:033 Date: September 24, 2004 EXHIBIT °A" (ALMEIDA:1151) CAlmeidaRFZ.doc-LO/l3/04 ROBERT AND CHRISTINE ALMEIDA CHANGE OF ZONE APPLICATION (REZ 04-026) CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its 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 Rural District. C. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. No access to the property shall be allowed to and from Kawaihae Road (Highway 19). F. At the time improvements at the Kawaihae Road - Anekona Street or Kawaihae Road - Kanehoa Street intersection are made by the State Department of Transportation, the applicant(s), its successors or assigns shall pay their fair share amount for the required improvements which will be determined by the Planning Director in consultation with the Department of Transportation. G. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shal I cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. H. The applicant(s) shall comply with all applicable laws, rules, regulations and requirements of affected agencies. I. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. J. 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 foreseen or are beyond the control of the applicant(s), its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrazy 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 yeaz may be extended for up to one additional yeaz). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject azea to its original or more appropriate designation. -2-