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HomeMy WebLinkAboutCOM 0493.000 2004-2006;-tarry Kien Mayor COUNTY OF HAWAII 25 Aupum Street, Room 215 • f Ido. Hawaii 96720-4252 • (808) 961-821 I Fax (808) 961-6553 KONA- 75-5706 Kuakini I Iiehwa}, Suite 103 • Kailua-Kona, HuwaPi 96740 1808)329-5226 • Fax (808)326-5663 October 17, 2005 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chainnan Higa and Members: v6hange of Zone Application (REZ 05-003) Applicant: Yoshio Inaba, et al. Request: A -40a to FA -4a Tax Map Key: 6-4-17:40 Change of Zone Application (REZ 05-012) Applicant: Jim Winniman Request: CN -10 to MCX-20 Tax Map Key: 2-2-49:24 Envision Downtown Hilo 2025 Dixie Kaetsu Ilanoging Director Peter L. Hendricks DepuryManaging Drrector As required by Chapter 4, Sec. 6-43(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. Since Harry Kim Mayor Enclosures cc: Planning Department < Bil U,z> Comm. No. Ref. To; Rai. Rai. bate _rT 4 2 County of Hawaii PLANNING COMMISSION Aupum Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 October 17, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo. HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 05-003) Applicant: Yoshio Inaba, et a]. Request: A -40a to FA -4a Tax Map Key: 6-4-17:40 The Planning Commission, after a duly held public hearing on September 30, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 40 -acre (A -40a) to an Agricultural 5 -acre (A -5a) district for approximately 43.88 acres of land. The property is located on the north side of Mamalahoa Highway, adjacent and west of the Hoonani Subdivision, Puukapu Homesteads, 2"d Series, Waimea, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: Initially, the applicants had submitted an application for a Change of Zone from Agricultural 40 -acre (A -40a) to Family Agricultural 4 -acre (FA -4a). The Zoning Code discourages the use of FA zoning for lands classified as prime or other agricultural lands, such as these. Section 25-5-60 provides that "this district [FA] is intended to be primarily composed of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion area or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 The applicants have amended their original request and are now requesting a Change of Zone from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) for approximately 43.88 acres to subdivide the property into eight lots approximately five acres in size to create smaller agricultural lots for family members and individuals for small scale farming or grazing. The applicants have stated that "it is not practical to raise 15 or 24 head of cattle on a 43 -acre lot. Raising cattle will require 200 to 350 acres to be practicable." 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 40 -acre (A -40a) to Agricultural 5 - acre (A -5a) will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject area is designated Extensive Agriculture and Important Agricultural Land. Extensive Agriculture are those lands not classified as Important Agricultural Land, and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agricultural category. Important Agricultural Land(s) are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as MLD (Maile Silt Loam) series 6 to 20% slopes and MaA (Maile Silt Loam) 0 to 3 % slopes. The Maile series consists of well -drained silt loams that formed in volcanic ash. These are nearly level at moderately steep soils on uplands. Maile soils are used for pasture and woodland. MLD is at intermediate elevations on the windward side of Mauna Kea. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. This soil is used for pasture and woodland. MaA is in nearly level areas. Runoff is very slow and the erosion hazard is none to slight. This soil is used for truck crops and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or Stacy Higa, Chairman and Members of the County Council Page 3 "Fair" for agricultural productivity. The property is designated as Other Important Agricultural Land and Prime Agricultural Land under the ALISH System. 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 major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreages, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. At the same time, a strong demand exists in the real estate market for lots in agricultural areas by purchasers who are interested in large -lot residential homesites or for speculation. The desire for these "gentleman's estates" tends to drive up the price of agricultural land making it less affordable for commercial farmers. Most agricultural rezonings in Hawaii County in the last twenty years have resulted in subdivisions where the primary use is residential, not agricultural. For the most part, these rezonings did not occur on prime agricultural land or on what is now termed "Important Agricultural Land" in the General Plan. The predominant zoning in the agricultural lands of the Hamakua coast, extending to Waimea, is A -40a. There will be considerable interest by landowners to rezone to reduce the minimum lot sizes because the biggest value is the ability to build a home. The per -acre price is therefore higher if the property can be sold in smaller lots. This desire to create smaller lots must be handled very carefully because of the possible carving up of the land into uneconomical units, and the increasing per -acre price. The General Plan now contains a policy for the protection of lands classified as Important Agricultural Lands in Section 14.2.3(s): `Important agricultural lands shall not be rezoned to parcel sizes too small to support economically viable farming units." This policy applies to roughly the lower two-thirds of this property, where the applicant is proposing to create five new lots after the rezoning, one of 8 acres, the remainder being five acres in size. Five acres is the minimum at which a range of crops can be grown on a commercial scale, and is sub -optimal for many crops. While the rezoning application does not violate this policy, it is at the minimum that could be consistent with the policy. A number of factors tip the balance for this favorable recommendation: the area has not historically been cultivated in crops, unlike the former cane lands and the vegetable growing areas of Waimea. The project is not. a short-term speculative venture in that the owners have held the property for more than thirty years, have used it for cattle Stacy Higa, Chairman and Members of the County Council Page 4 during that period, and now want to divide it up among family members. The property can be supplied with water and road access without tremendous infrastructure costs that would have to be born by the ultimate purchaser. It is a small rezoning that does not greatly change the overall land use pattern of the area. The property is an approximately 43.88 -acre parcel fronting Mamalahoa Highway at the 54 -mile marker in Waimea. The southern portion of the site is fairly flat, with slopes ranging from two to five percent. The northern portion of the property has slopes from two to ten percent. Elevation ranges from 2,900 to 3,050 feet. There are two existing structures on the property. One structure is approximately 240 square feet, and the other, 1,004 square feet in size. According to the applicants, both structures are over 80 years old. The landowners have been raising cattle on the property for nearly 34 years. Surrounding properties are zoned Agricultural 40 -acre (A -40a) to the west and south. The Hoonani Subdivision, consisting of 10,000 -square foot residential lots, is located adjacent to the property to the east and zoned Agricultural 1 -acre (A-1 a). Access to two of the lots is proposed to be from the Mamalahoa Highway, a County road with an approximate 20 -foot wide pavement with grass shoulders all within an approximately 50 -foot right-of-way. Access to the remaining six lots is proposed from Hauhoa Street and Uhiwai Street, both County roadways. The applicant proposes to have the two lots bordering the Mamalahoa Highway take direct access from the highway. The remaining lots can take access from the side streets in the Hoonani Subdivision. The Department of Public Works requests that direct access from the highway be prohibited, in line with the normal policy to reduce the number of driveways taking direct access from major highways. Although the long-term plan is the construction of a bypass around Waimea, this may not happen for a long time, and this section of the Mamalahoa Highway is likely to remain fairly busy with traffic into Waimea even after the construction of the bypass. On the other hand, the property has existing access to the Mamalahoa Highway, including a driveway that serves a home close to the highway and a pasture gate, and to provide access to the lots from the side street (Hauhoa) would require construction of a road approximately 500'-600' long. To minimize direct access from Mamalahoa Highway without requiring major road construction, a condition is recommended that the two lots fronting Mamalahoa Highway share a common access point, with the existing driveway to the one home being extinguished if the home is no longer used. (The existing driveway is probably not in a good location to serve the two proposed lots.) Given the age and small size of the existing house, it seems likely that it will eventually be replaced because the proposed zoning conditions only allow one house per lot. Stacy Higa, Chairman and Members of the County Council Page 5 Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The approximately five -acre lot sizes will provide opportunities for future landowners who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by larger parcels. Since the property was formerly used for farming and cattle grazing, no commissioned archaeological survey was conducted. It is expected that no archaeological or historic features exist on the property. By letter dated March 3, 2005, the applicants have requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). There has been no response and the Planning Department is processing this application because the deadline for response under SHPD rules has expired. According to the Department of Water Supply, water can be made available from two existing 6 -inch waterlines along Uhiwai Street and Hauhoa Street and the 12 -inch waterline along Mamalahoa Highway. As there is no municipal sewer system in the area, wastewater will be disposed of by a cesspool or individual wastewater system, meeting the requirements of the Department of Health. All other essential utilities and services are or can be made available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately twelve miles from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Stacy Higa, Chairman and Members of the County Council Page 6 In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka',4ina" 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, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: The landowners have been raising cattle on the property for nearly 34 years and it is anticipated that no historic properties will be affected. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: As stated by the applicants, no gathering is taking place on the site. Thus, 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 these rights. Based on the above findings, approval of the Change of Zone request from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-11 (Lalamilo-Puukapu Zone Map), of the County Zoning Code is transmitted. Stacy Higa, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, , OedGaldones, Chairman Planning Commission L9nabare705-00342PC Enclosures cc: Mr. Yoshio Inaba Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources -HPD/ Rodney Haraga, Director/DOT-Highways, Honolulu BInabaREZAd -9/14/05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT YOSHIO INABA, ET AL CHANGE OF ZONE APPLICATION (REZ 05-003) YOSHIO INABA, ET AL have submitted an application for a Change of Zone from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) for approximately 43.88 acres of land. The property is located on the north side of Mamalahoa Highway, adjacent to and west of the Hoonani Subdivision, Puukapu Homesteads, 2nd Series, Waimea, South Kohala, Hawaii, TMK: 6-4-17:40. APPLICANT'S REQUEST 1. Proposed Development: Initially, the applicants had submitted an application for a Change of Zone from Agricultural 40 -acre (A -40a) to Family Agricultural 4 -acre (FA - 4a). The applicants have amended their original request and are now requesting a Change of Zone from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) to subdivide the property into eight lots approximately five acres in size to create smaller agricultural lots for family members and individuals for small scale farming or grazing. The applicants have stated that "it is not practical to raise 1.5 or 24 head of cattle on a 43 - acre lot. Raising cattle will require 200 to 350 acres to be practicable." 2. Estimated cost of project: $200,000. 3. Landowners: Yoshio Inaba, Alan Inaba, Gordon Inaba, Melvin Inaba and Jason Inaba. (Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 4. State Land Use Designation: Agricultural. 5. GP LUPAG Map: Extensive Agriculture and Important Agricultural Land. Roughly the lower 2/3 of the property is designated Important Agricultural Land. 6. County Zoning: Agricultural 40 -acre (A -40a). 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 8. 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 A'1'pACH: Com. 493 Bill 162 located more than twelve (12) miles from the nearest coastline not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is a rectangular parcel approximately 43.88 acres in size located at the 54 -mile marker on the Mamalahoa Highway in Waimea. The southern portion of the site is fairly flat, with slopes ranging from two to five percent. The northern portion of the property has slopes from two to ten percent. Elevation ranges from 2,900 to 3,050 feet. There are two existing structures on the property. One structure is approximately 240 square feet, and the other, 1,004 square feet in size. According to the applicants, both structures are over 80 years old. The landowners have been raising cattle on the property for nearly 34 years. 10. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural 40 - acre (A -40a) to the west and south. The Hoonani Subdivision, consisting of 10,000 - square foot residential lots, is located adjacent to the property to the east and zoned Agricultural 1 -acre (A -la). 11. ALISH: Other Important Agricultural Land (DIAL) and Prime Agricultural Land. OIAL is land other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. Prime Agricultural Land has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modem farming methods. Roughly the lower 2/3 of the property is Prime Agricultural Land. 12. Land Study Bureau's Detailed Land Classification System: "C" or "Fair". 13. U.S. Soil Survey: MLD (Maile Silt Loam) series 6 to 20% slopes and MaA (Maile Silt Loam) 0 to 3 % slopes. The Maile series consists of well -drained silt loams that formed in volcanic ash. These are nearly level at moderately steep soils on uplands. Maile soils are used for pasture and woodland. MLD is at intermediate elevations on the windward side of Mauna Kea. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. This soil is used for pasture and woodland. MaA is in nearly level areas. Runoff is very slow and the erosion hazard is none to slight. This soil is used for truck crops and pasture. 14. FIRM: Zone 'W", area determined to be outside the 500 -year flood plain. -2- 15. Flora/Fauna Resources: There were no professionals flora/fauna surveys conducted of the site. The applicants do not believe that rare or endangered floral or faunal resources are likely on the site, as the property has been previously used for fanning, which included substantial tilling, plowing and cattle grazing. The property is not known to be a habitat for any rare or endangered animal life. 16. Archaeological Resources: Since the property was formerly used for fanning and cattle grazing, no commissioned archaeological survey was conducted. It is expected that no archaeological or historic features exist on the property. By letter dated March 3, 2005, the applicants have requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). There has been no response and the Planning Department is processing this application because the deadline for response under SHPD rules has expired. 17. Cultural or Native Gathering Rights: According to the landowners, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property, nor existence of any known valued cultural. historical or native resources in the area. 18. 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 19. Access: Access to two of the lots is proposed to be from Ivlamalahoa Highway, a County road with an approximate 20 -foot wide pavement with grass shoulders all within an approximately 50 -foot right-of-way. Access to the remaining six lots is proposed from Hauhoa Street and Uhiwai Street, both County roadways. 20. Water: According to the Department of Water Supply, water can be made available from two existing 6 -inch waterlines along Uhiwai Street and Hauhoa Street and the 12 - inch waterline along Mamalahoa Highway. 21. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by a cesspool or individual wastewater system, meeting the requirements of the Department of Health. 22. Solid Waste: Solid waste disposal will be by County transfer stations located in Waimea and Honokaa. -3- 23. Essential Utilities and Services: Utilities are available to the property. The closest police and fire stations are located in Waimea, approximately three miles from the property. County parks are located in Waimea. AGENCIES' COMMENTS 24. Department of Public Works: (Exhibit B - September 7, 2005 Memo) APPLICANT'S RESPONSE TO AGENCIES 25. None as of this writing. AGENCIES - NO RESPONSES 26. Department of Environmental Management, Department of Water Supply, Fire Department, DLNR Historic Preservation Division, Department of Health PUBLIC COMMENTS 27. None as of this writing for the revised request to A -5a. -4- YOSHIO INABA, ET. AL, 273 WAIANUENUE AVE. HILo,HAWAII 96720 PHONE: 808.961.3727 • 808.935.8033 :FAX. August 15, 2005 CIS Mr. Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 SUBJECT: Change of Zone Application Lot 101, Grant 7222 Puukapu Homesteads, Waimea, South Kohala TMK: 6-4-017: 040 Dear Mr. Yuen, We would like to revise our change of zone application to reflect the change of zone request to Agriculture 5 acres (Ag -5a) instead of Family Agriculture 4 acres (FA -4a). This request will create eight 5 -acre lots instead of ten 4 -acre lots. It is our understanding that rezoning to Ag -5a will not trigger requirements for affordable housing. All other in.'ormation provided in the zoning application request will remain the same. The following revised maps of eight (8) 5 -acre lots are attached: 1. One original and twenty copies of revised Change of Zone map (Reduced size 11 "x 17"). 2. One full size (2'x3') revised Change of Zone map. Therefore, we would also like to request a continuance of the scheduled planning commission public hearing date of Friday, August 26, 2005 to the next available public hearing date. Please feel free to call us if you should have any meetings, questions or require additional information. YI Attach Very truly yours, J��-IL6a Yoshio Inaba, et. al. EXHIBIT Tiff#H` CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT , (Type or legibly print the requested information) APPLICANT: APPLICANT'S SIGNATURE: �c �u� }�? q e z - LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 961-3727 (Res.) 935-1954 (Fax). 935-8033 TE: 7 le3 LANDOWNER(S): YOSHIO INABA, ALAN INABA, GORDON INABA MELVIN INABA JASON INABA LANDOWNER SIGNATURE(S): SEE ATTACHED LETTER DATE: (May be by letter) LANDOWNER(S) ADDRESS: SEE ATTACHED LETTER AORICULTuIRAL 5AcRES A-50) REQUEST: AGRICULTURAL 40 ACRES (AG -40) TO - (Existing zoning) (Proposed Zoning) TAX MAP KEY: 6-4-017: 040 STREET ADDRESS OF PROPERTY: MAMALAHOA HIGHWAY SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 43.88 ACRES AGENT: TELEPHONE: (Bus.) (Res.) (Fax Please indicate to whom original correspondence and copies should be sent. ORIGINAL: YOSHIO INABA COPIES: (See Instructions on Reverse Side) THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: I . A filing fee of five hundred dollars ($500) plus twenty-five dollars ($25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire, 3. An original and twenty (20) copies of a Background and County Environmental Report to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment has been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale -drawn plot plan of the property showing property lines and measurements; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full-size (2' x 3') scale -drawn plot plan of Item 5 for presentation purposes. 7. A legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted with this application. This application shall not be considered complete unless the metes and bounds description in map and written form have been received. 8. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. 9. A certificate of clearance from the Director of Finance that the real property taxes and all other fees relating to the subject parcel(s) have been paid; and there are no outstanding delinquencies. 10. One of the following regarding archaeological resources: 1. An archaeological inventory report containing significance assessments, effect determinations, and proposed mitigation commitments. The report should be completed pursuant to State Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) rules. 2. A "no effect" letter from the State DLNR Historic Preservation Division. 3. A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's time limit under their rules). it. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. FORMS - 8/03 fakHX3 April 20, 2005 Mr. Christopher J. Yuen, Director Planning Deparetment County of Hawaii 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 Subject: Change of 'Lone Application Tax Map Key: 6-4-017: 040 Puukapu Homesteads, 2nd Series Puukapu, South Kohala, Hawaii Dear Mr. Yuen, As the owner(s) of the interest in the subject property, please be informed that we hereby authorize the processing of the required County of Hawaii and State of Hawaii approvals and permitting required for the rezoning application and eventual subdivision of the subject property. We propose to rezone and subdivide the subject 43.88 acre lot into -+en (19) lots of 4+ acres each. Thank you. Sincerely, Yo4fio Inaba 27 Waianuenue Ave. Hilo, Hawaii 96720 ordon Y. Inaba asp K. Inaba Alan Z. I aba Melvin K. Inaba ATTACHMENT Agr'_cultusal Rezoning PLANNING DEPARTMENT COUNTY OF HAWALI.- APPLICATION FOR CHANCE OF ZONE 1. If your request is approved, do you intend Co subdivide the subject lana in accordance with the approved change of zone"? If yes, please answer the rest of question i and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into whet lot sizes? C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? d. Do you _ntend to build houses on the newly created lots? If yes, please answer the following quesl_ions: On how many of the Lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? Il: you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or Lease the land to someone who has firm plans? b. Sell or lease the land to someone who has C. Sell or lease the land to someone who has d. Keep it? e. Other (please state) P. D. 2 501 -1- YES 43.88 +ACRES ASAP NO N/A N/A N/A N/A N/A OK N/A N/A N/A N/A N/A 4 5 6 f. [t you .ntend '-o do either a, b, c, please elaborate on the kind of pians the other party has. Please, also, include in your answer approximately now soon after approval of your rezoning do you expect to transfer the subject land to another par`_y. NIA Do you th_nk that your request and your further plans for the land YES will alleviate the local housing situation? How? There will be additional lots available in the community for someone to build a house on. Are there any buildings on the subject area? YES If so, what kind? There are two existing houses on the parcel. One is a rental and the other is unoccupied. What_ do you intend to do with those buildings if your request is approved? The buildings will remain where they are. There are no special plans for the structures. Is the subject land currently being used fox any agricultural activity? YES iP so, please list the kinds of products grown and on how many square feet or acres of land per product. The entire parcel of 43+ acres are use for cattle grazing. Typically there are between 15 and 24 head of cattle being raised at a time. Was your request to allow for the creation of smaller agriculturaL dots? YES If so, did your plan include the following considerations? NO a. Commodity to be produced? NO le. Suitability of the proposed Lot -size for that commodity? NO c. Suf`_icient farm size to allow reasonable chance of success in commercial agriculture? NO P. D. 2 5/84 -2- 7 8 d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form or agricultural use? NO Ptease state the proposed type of arrangement. N/A Please submit your agricultural plans for the subject area and present evidence of considerations of the above requirements together with your request for a change of zone. NIA If you do riotintend to subdivide the subject land for some sort of agricu Ltural purpose, please state your other reasons. N/A To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. There is an intermittent stream that runs through the northwest portion of the property for approx 650 feet. The intermittent stream runs along a defined course. Do you think that the roads leading to the subject area needs improvements? NO I£ so. what kind? Is the road adequate for the proposed traffic volume or load? YES P. D. 2 )/84 —3— Y . What sort c goveznmentat assistance and/or improvements do you feel will he needed in the sub`tect area when develoced. Yes No a. Sohoois X b. Roads _ x C. Sewer X d. Drainage _ x e. Police Protection x f. Eire Protection x g. Recreational Facilities x h. Public Utilities X i. Other X For those checked "Yes," please elaborate what type or kinds of improvements and/or assistance are needed. Y.D. 2 5/89 -4- Signature:' F' Address: 273 Waianuenue Ave. Hilo, Hawaii 96720 Telephone: 961-3727 Date: o ) r�rG� Y.D. 2 5/89 -4- Background and County Environmental Report Attachment to Change of Zone Application Agricultural 40 -acres (Ag -40a) to Family Agricultural 4 -acres (Fa4a) Tax Map Key: 6-4-017: 040 Puukapu, Waimea, South Kohala, Hawaii A. SUBJECT REQUEST Details of Proposed Use/Development 8 A. Project Description: Subdivide existing 43 acre parcel into Vlots of approximately 4+ acres each. B. Statement of Objectives and reasons for the request: The owner wants to make available more smaller sized family agricultural lots for family members and individuals for small scale farming or grazing. It is not practical farming to raise 15 or 24 head of cattle on a 43 acre lot. Raising cattle will require 200 to 350 acres to be practicable. There are many problems from the adjoining residential subdivision located on the Hamakua side of this lot. C. Number of acres: Original lot is 43.88 acres. 5 D. Proposed Lots: lots at 4+ acres each. E. Time frame and cost: Plan is to begin development process (land survey, civil engineering and construction) as soon as rezoning amendment is granted. Subdivision design process will take approximately 6-8 months and construction would take approximately 3-6 months. Estimated cost of construction improvements approximately $200,000.00. F. Membership.....: Not Applicable G. Parking Arrangement: Not applicable H. Traffic impacts: Not expected to substantially affect traffic in the area. 1. Other related information: Owner has been raising cattle for past 34 years on property. Proposed on-site and Offsite infrastructure: Background and County Environmental Report TMK: 6-4-017: 040 Page 1 of 9 On site infrastructure: Two paved cul-de-sacs each about 150 teet long with waterline and water service laterals and necessary drainage improvements. Necessary overhead utility improvements for telephone and electricity. Off-site infrastructure: Extension of 6" waterline to subject property, Approximately 135 lineal feet on Hauhoa Street and 135 lineal feet on Uhiwai Street. B. CONFORMANCE WITH STATE/COUNTY PLANS State Land Use designation: Current designation is Agricultural. 3. Coastal Zone Management: By road, closest shoreline is over 12 miles away at Kawaihae. Site is located approximately 3 miles cast along highway 19 toward Honokaa from Waimea/Kamuela town at an elevation range of approximately 2,910 to 3,050 feet. This site is not in a coastal area nor can it be seen from a coastal area therefore the proposed use is not contrary to Chapter 205A. Applicable goals/policies and objectives of the General Plan: The requested change of zone would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan. The applicable goals, policies and standards are as follows: Economic: Goals: Provide residents with opportunities to improve their quality of life. Economic development and improvements shall be in balance with the physical and social environment of the island of Hawaii. The County of Hawaii shall strive for diversity and stability in its economic system. The County of Hawaii shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies: The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for diversification of its economy by Background and County Environmental Report TMK: 6-4-017:040 Page 2 of 9 strengthening existing industries and attracting new endeavors. Discussion: The proposed change of zone will provide more, and smaller, agricultural lots and will allow Big Island residents with more opportunities to beginning or expanding diversified agricultural type operations. This type of industry is compatible with the surrounding area. The decrease in the size of the lots from 40 acres to 0i acres will help to expand small scale or "family run" diversified agriculture operations that are economically viable for intensive agricultural use. Housing Goal: Attain a diversity of socio-economic housing mix throughout the different parts of the County. Policy: Assure that safe, sanitary, and livable housing is available to persons of all ages, incomes and ethnic groups and to provide a variety of choice as to location and types. Discussion: The development will allow those individuals who want to operate small scale farms to be able to live on the property that they are farming. The proposed change of zone would be consistent with the housing goal of providing a certain type of housing which adds to the diversity of the socio-economic housing mix throughout the County. Land Use Goal: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Protect and encourage the intensive utilization of the County's important agricultural lands. Policy: Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Discussion: the Parcels surrounding the subject property are zoned agricultural use of various sizes. The proposed size of the lots in this development is consistent with the size of the lots in the surrounding areas. The requested change of zone would continue to provide a mix of small agriculturally zone lots and is consistent with the size of lots of surrounding Parcels. 5. General Plan designation (LUPAG Map): General plan designation is IAL and EAL. IAL represents Intensive agriculture use and EAL represents extensive agriculture use. Background and County Environmental Report TMK: 6-4-017: 040 Page 3 of 9 6. Zoning: Current County of Hawaii zoning is Ag -40. Community Development Plan: The subject property is located outside of the planning boundaries of the Waimea Design Plan. Special Management Area: Site is not within the SMA. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures.): Subject property is located on the "wet' side of Waimea, three miles east of the intersection of Mamalahoa Highway and Lindsey Road, on the north side of Mamalahoa Hwy. The property is located right at the "54 mile" post marker. The property is rectangular in shape approximately 600 feet by 3,190 feet. The south portion of property is fairly flat, sloping 2-5%, and the north half is rolling hills sloping between 2-10%. Elevation ranges from 2,900 to 3,050 feet. Mean annual rainfall is between 50 and 100 inches. Mean annual temperature ranges between 60-70 degrees Fahrenheit. There are two existing structures on the property. One structure is a rental at the south east corner of the property approximately (12'x20'). Another structure in the middle of the property with approximately 1,004 sf in size. Both structures are likely over 80 years old. 10. Lava Hazard Zone: The site is located on the lower slopes of the Kohala Mountains, which is designated Zone 9. Zone 9 volcanic hazard is considered extremely low. 11. Distance from coastline: Site is approximately 12 miles from coastline (Kawaihae). 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: Front 2/3 of property from the Mamalahoa highway is considered "Important Agricultural" lands, and the remaining 1/3 of the property is considered "Other Agricultural" lands of importance. Background and County Environmental Report TMK: 6-4-017: 040 Page 4 of 9 13. U.S.D.A. Natural Resources Conservation Services soil Service Report soil type: Per Soil Survey of Island of Hawaii, sheet 15 and 19, soils of the parcel are classified Maile series. North I/3 of parcel is MLD, Maile Silt Loam series 6 to 20% slopes, South 2/3 of parcel is MaA, Maile, Silt Loam, 0-3% slopes. Maile series consists of well -drained silt loams that formed in volcanic ash. These are nearly level at moderately steep soils on uplands. Elevation ranging from 2500 to 4000 feet elevation and receive 60 to 90 inches of annual rainfall. Maile soils are used for pasture and woodland. Maile silt loam, 6 to 20 Percent slopes (MLD) is at intermediate elevations on the windward side of the Mauna Kea.. Included with this soil in mapping are small, steep drainage ways and gullies. Permeability is moderately rapid, runoff is slow , and the erosion hazard is slight. This soil is use for pasture and woodland. Maile silt loam 0 to 3 percent slopes (MaA) is in nearly level areas. Runoff is very slow, and their erosion hazard is none to slight. This soil is used for truck crops and pasture. 14. Land Study Bureau soil rating: Soil rating is "C" or Fair. 15. Flood Insurance Rate Map (FIRM) designation: Per DPW County of Hawaii, no flood zone designation has been assigned to this parcel. Parcel is located in Zone X, areas which are determined to be outside of the 500 -year flood plain. 16. Existing Drainage ways or improvements: There are no drainage improvements on the site. There is an intermittent stream that enters and leaves the property at the north western comer, for about 650 lineal feet. Historic Resources.- 18. esources: 18. Existing Archaeological, cultural or historic sites on National Register or Hawaii Register: NONE KNOWN. Subject parcel is unlikely to have sites of interest since previous use for farming included substantial tilling and plowing. Background and County Environmental Report TMK: 6-4-017: 040 Page 5 of 9 Natural Resources: 19. Existing floral /faunal resources (any native or exotic plants; any listed or candidate for endangered species: NONE KNOWN. Subject parcel has been used for farming and for the last 34 years, has been used for cattle grazing. 20. Scenic or coastal resources: No coastal resources present. The site has views of Mauna Kea to the South and views of pasture and forested hills to the north. Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. There are no known traditional or customary rights that will be affected by this rezoning. Public Access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: Site is not used for shoreline access or mountain access. Social -Economic Characteristics: 23. Social settlement pattern for the area: This area has been a ranching community for many years, the home of parker Ranch and many other smaller cattle operations. Farmers have settled in the area to grow truck crops and flowers. Many workers from the South Kohala resort areas reside in this area as well. Retirees from around the state and mainland are settling in Waimea due to the rural lifestyle, pleasant weather and availability of medical resources of the North Hawaii Community Hospital. The Hawaii Preparatory Academy has attracted families with their reputation as a high- quality college preparatory school. 24. Economic resources of the area: Basic economic resources are the ranching and farming activities of the Waimea area. Many residents also work at the many resorts in the South Kohala and North Kona coastline areas. Health care employment is available at the North Hawaii Community Hospital. Teaching opportunities are available at the public and private schools in the community. Scientific and related technical jobs in astronomy are present at the Waimea base headquarters of the Canada France Hawaii and W.M. Keck telescope operations atop Mauna Kea. Background and County Environmental Report TMK: 6-4-017: 040 Page 6 of 9 25. Land Values: Current land values in the Waimea area are quite high and is consistent with the high land values through out the Big Island communities and state at this time. Surrounding Lands. 26. Land use: The adjoining Hoonani Subdivision to the east (Honokaa) side of the property consists of 10,000 square feet residential lots. Beyond that, lots may range in size anywhere from 9,800 sf, 1 acre, 2 acres, 5 acres, and larger and are used for pasture and rural residential with people raising chickens, pigs, sheep or cattle. Some lots may be also used for diversified agriculture. Lots to the west are used for residential and cattle pasture. Across Mamalahoa Highway, land use is pastoral with scattered rural residential. 27. Zoning: Surrounding lands are zoned agricultural. Zoning ranges from Ag 40 to Ag -5, with various non -conforming lots scattered through out the area. Surrounding lots vary in size from 10,000 sf residential, 2 acres, 5 acres, and all the way up to 40 acres. D. PUBLIC FACILITIES AND SERVICES 28. Description of access: (paved or unpaved; private or county, right-of-way and pavement width.): Access via frontage of lot is from Mamalahoa Highway (Rte 19) which is 24' wide and paved. Two additional access points are from the adjoining Hoonani Subdivision. Hauhoa and Uhiwai cross streets are County 50 feet right-of-ways with 20' wide pavements and abut the site boundary. 29. Availability of Water: County water service is available from waterlines along Mamalahoa Highway (12" or 8") or from the adjoining Hoonani Subdivision (6"). The site is currently receiving County Water service via two service laterals. 30. Sewage Disposal: No County Sewer service available in the Waimea area. Sewage disposal will be by cesspool or individual wastewater system meeting with the approval of the Department of Health. 31. Solid Waste: Solid waste disposal is by County of Hawaii Transfer Stations, located in Waimea or Honokaa. 32. Police and Fire Protection: Waimea Police Station and Fire Station located in Waimea town about 2-3 miles away. 33. Schools: Public schools include Waimea Elementary and Honokaa Intermediate and Background and County Environmental Report TMK: 6-4-017: 040 Page 7 of 9 High School. 'The private Parker School and Hawaii Preparatory Academy are also available. 34. Parks: Primary park located in Waimea Town includes children's playground, baseball field, Soccer Field, and Tennis Courts. Additional soccer field located near the police station. 34. Other utilities and services (telephone/electricity): Overhead telephone and electric is available from Mamalahoa Highway and Hoonani Subdivision. The following facilities are located in Waimea Town about three miles west of property; North Hawaii Community Hospital, Parker Ranch Shopping Center, KTA shopping center, HPM Building Supply, Ace Hardware and numerous other businesses and retail outlets. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: Currently the site is used for limited cattle grazing. Cattle grazing by an individual Ppn a 40 acre parcel is not very viable economically. By allowing the rezoning, ]A lots of/4"I will be available to be used in other ways such as diversified apiculture on a more manageably sized lot. From an agricultural perspective, additional smaller sized lots would provide more opportunities and be more easily utilized by persons interested in farming. In terms of long term productivity, the tpfi lot subdivision would likely provide a higher level of possibilities in having the lam u04rfor intensive agriculture. 36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: The proposed layout of the subdivision requires a minimum of improvements in terms of roadways and infrastructure. The two short cul-de-sacs will provide required access to each lot with a minimum disturbance to the property. The design and construction of the proposed improvements will be in conformance with applicable codes, ordinances and pollution control requirements as set forth by the State and County of Hawaii. In addition, no persons or businesses will be dislocated or adversely affected by this project. 37. Alternatives to the proposed development: The owner considered various densities of lots for the subject pp ect such as 1 acre, 3 acre, 4 acre and 5acre sized lots. The proposed Acre, XTot subdivision produced a layout with the least amount of infrastructure improvements with uniformly sized and shaped lots. 38. Irreversible and irretrievable commitments of natural resources that would be involved Background and County Environmental Report TMK: 6-4-017: 040 Page 8 of 9 if proposed action is implemented: The construction of this project will involve irretrievable and irreversible commitments of negligible quantities of natural resources in the way of construction materials used to build the roads and waterlines. F. AGENCIES - COMMENTS 39. You may consult with the following agencies and include discussion in your report or attach their written comments regarding your proposal: Water availability letter from Dept. Of Water Supply Dated April 14, 2005, attached. b. No response received from SHPD. Letter by Inaba dated March 3, 2005 to SHPD requesting "No effect" letter is attached. Background and County Environmental Report TMK: 6-4-017: 040 Page 9 of 9 zcwe c sec e _ I L A -rte \J\\J sec 1 I I 91 I Z � e ' I u I I L, C. AM 634D-8 i 1 K./ A Zo7v er 4 src 7 "n, /��y�._ 'v1 A K U A ,°o 6 q O Z b C 1 F rn rn A \ N - "� TRUE NORTH / 22 17 (N 9 ` •�peeu He s"�v. asa� 30 aA \ /j2a�/M�r Jcc e 20 30 f' 1 I SUBJECT TO CHANGE TAXATION MAPS BUREAU TERRITORY OF NA.1YA!1 TAX MAP 'HAD 0 VISION OONNE 1 SEC IThi NING PARCEL" ILE: l IN. - 20 Fl <APU PASTURE I-OT5 - SECTION 2 HAWAIIAN HOME I-ANOS 600.00 2&100 312.00 I� 101-6 I � 101-F'1 �' 5.036 Ace. $ 5.A71 Ace. 1 ROAD 8 13b — 14 4]36 ,3 IN n gorses* 11, TO I I I A Ci& rl LIZ .., Tb I n FlNKAR/ MOMESAOS. SEGONO SERIES i ru� Urdn 1.y FUXCAR/ RARM LOTS 1 —L— o (T_AA/%AW PASTURE LOTS Q r, VICINITY MAP 1 ��� rot to kale POII ROAD A / l 0.164 Acre cp NORTH 57 Mgr 101—� 44651 N 55 5.011 Acres � o h h 53 101-c - � s.o II 51 S.00B Ace. 49 nr ' game. 101-E 19 600.00 6.409 Acs. 1, 43 13 `T� IT71 DueIIMy 41 11A 101-A n 0 39 F 5.001 Acs. 3, 348.75 Imo, n 35 sr`n a w,ry I �Y 101 -D �33 I � ROAD A / l 0.164 Acre cp NORTH 44651 Qm a..,..0 � as rwi.�.y h 1^V1\y9 x 101-c - 3 II KAUL�c� S.00B Ace. i—– SI 19 600.00 300.00 1, 13 11 1 b T�gW 101-A n 101-5 F 5.001 Acs. 5.03OAce. 3 plellFy - ErrsOnp� Erlst„,y Ir »�t�.,Me HIGHWAY _ N qiH .yu KO ALA __ T�� O0° �xx Uurneo[eo( i SOU)I4N z Q 51 i SP` S SOUTH -- NORTH r PUNA 1^V1\y9 x II KAUL�c� BLAND OF HAWAII V _ L_OGATION MAP__ NOT ;C SGA! E GHAN6E OF ZONE MAP (Agricultural -40o to Agricultural -5a) LOT 101 GRANT 7222 TO FRANCES S.E.S. KAAUA PWKAPU HOME5TEA05, 5ECOND SERIES FWKAPU, WAIMEA, SOUTH KOHALA ISLAND OF HAWAII, HAWAII Tax Map Key: 3rd DIV. 6-4-17:40 OWNERS: Yoshio Inaba Alan Inaba Gordon Inabo Melvin Inaba Jason Inaba 273 Waionuenue Ave. Hilo, Hawon 96720 GRAPHIC SCALE so roo you Iw Feen p-111LV5 /g vISEO, Avg 1O_1ros r A -4o m n-sd y11p— q.W-PI4. di y'.. ti'✓4' DEPARTMENT OF PUBLIC WORKS ' ")UNT")F HAWAII HILO, HAWAII DATE:September 7, 2005 FAT- •ileff ii TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief fu R Engineering Division SUBJECT : Change of Zone Application (REZ 05-003) Applicant: Yoshio Inaba, et al. Location: Puukapu, South Kohala TMK: 3 / 6-4-017:040 We reviewed the subject application and our comments are as follows: DRAINAGE All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. 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 Direct vehicular access to the individual lots shall not be from Mamalahoa Highway. EXHi�IT �i AAemorandum to PD- PE7 05-noi 3eptemrer %005 Page 2 of 2 2. Mamalahoa Highway, fronting the subject property, is a County road. It has an approximate 20 -ft. wide pavement with grass shoulders all within an approximate 50 -ft. right-of-way. Mamalahoa Highway, shall be improved to an 80 -ft. right-of-way according to the County's General Plan. As a condition of final subdivision approval, the applicant shall provide a 15 -foot wide future road widening setback along the entire subject property frontage of Mamalahoa Highway. f-1 °1 xP r2,y {''1yV'I pry t1C „i�,�;, (I 1:1loll19F Ili (1ltlr, INIap I'if INH conducive to future extension of the Uhiwa and Hauhoa Streets. Nevertheless, our comments remain unchanged. Uhiwa Street and Hauhoa Street should be extended to the western boundary of the subject property. The applicant shall construct the roadways consistent with the right-of-way and pavement standards of existing Uhiwa Street and Hauhoa Street and dedicate them upon request. If extension to the western boundary is not required, dedicable turnarounds shall be constructed within the subject property at the termination of Uhiwa Street and Hauhoa Streets and shall be dedicated to the County upon completion, at no cost to the County. Utility Poles shall be placed at the property line, providing the necessary overhead conductor easement outside of the right-of-way. 4. All roadways within the proposed development shall follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways. These roadways shall also meet the requirements of DPW. 5. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. TRAFFIC This proposal to create eight agricultural parcels will not significantly impact our existing facilities. 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/KONA PLNG-KONA RlnabaREZ.doc -9/14/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION YOSHIO INABA, ET AL CHANGE OF ZONE APPLICATION (REZ 05-003) 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 from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) for approximately 43.88 acres 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 position. This favorable recommendation is based on the following findings: Initially, the applicants had submitted an application for a Change of Zone from Agricultural 40 -acre (A -40a) to Family Agricultural 4 -acre (FA -4a). The Zoning Code discourages the use of FA zoning for lands classified as prime or other agricultural lands, such as these. Section 25-5-60 provides that "this district [FA] is intended to be primarily composed of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion area or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. The applicants have amended their original request and are now requesting a Change of Zone from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) for approximately 43.88 acres to subdivide the property into eight lots approximately five acres in size to create smaller agricultural lots for family members and individuals for small scale farming or grazing. The applicants have stated that "it is not practical to raise 15 or 24 head of cattle on a 43 -acre lot. Raising cattle will require 200 to 350 acres to be practicable." 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 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject area is designated Extensive Agriculture and Important Agricultural Land. Extensive Agriculture are those lands not classified as Important Agricultural Land, and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agricultural category. Important Agricultural Land(s) are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as MLD (Maile Silt Loam) series 6 to 20% slopes and MaA (Maile Silt Loam) 0 to 3 % slopes. The Maile series consists of well -drained silt loams that formed in volcanic ash. These are nearly level at moderately steep soils on uplands. Maile soils are used for pasture and woodland. MLD is at intermediate elevations on the windward side of Mauna Kea. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. This soil is used for pasture and woodland. MaA is in nearly level areas. Runoff is very slow and the erosion hazard is none to slight. This soil is used for truck crops and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property -2- as "C" or "Fair" for agricultural productivity. The property is designated as Other Important Agricultural Land and Prime Agricultural Land under the ALISH System. 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 major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreages, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. At the same time, a strong demand exists in the real estate market for tots in agricultural areas by purchasers who are interested in large -lot residential homesites or for speculation. The desire for these "gentleman's estates" tends to drive up the price of agricultural land making it less affordable for commercial farmers. Most agricultural rezonings in Hawaii County in the last twenty years have resulted in subdivisions where the primary use is residential, not agricultural. For the most part, these rezonings did not occur on prime agricultural land or on what is now termed "Important Agricultural Land" in the General Plan. The predominant zoning in the agricultural lands of the Hamakua coast, extending to Waimea, is A -40a. There will be considerable interest by landowners to rezone to reduce the minimum lot sizes because the biggest value is the ability to build a home. The per -acre price is therefore higher if the property can be sold in smaller lots. This desire to create smaller lots must be handled very carefully because of the possible carving up of the land into uneconomical units, and the increasing per -acre price. The General Plan now contains a policy for the protection of lands classified as Important Agricultural Lands in Section 14.2.3(s): "Important agricultural lands shall not be rezoned to parcel sizes too small to support economically viable farming units." This policy applies to roughly the lower two-thirds of this property, where the applicant is proposing to create five new lots after the rezoning, one of 8 acres, the remainder being -3- five acres in size. Five acres is the minimum at which a range of crops can be grown on a commercial scale, and is sub -optimal for many crops. While the rezoning application does not violate this policy, it is at the minimum that could be consistent with the policy. A number of factors tip the balance for this favorable recommendation: the area has not historically been cultivated in crops, unlike the former cane lands and the vegetable growing areas of Waimea. The project is not a short-term speculative venture in that the owners have held the property for more than thirty years, have used it for cattle during that period, and now want to divide it up among fancily members. The property can be supplied with water and road access without tremendous infrastructure costs that would have to be born by the ultimate purchaser. It is a small rezoning that does not greatly change the overall land use pattern of the area. The property is an approximately 43.88 -acre parcel fronting Mamatahoa Highway at the 54 -mile marker in Waimea. The southern portion of the site is fairly flat, with slopes ranging from two to five percent. The northern portion of the property has slopes from two to ten percent. Elevation ranges from 2,900 to 3,050 feet. There are two existing structures on the property. One structure is approximately 240 square feet, and the other, 1,004 square feet in size. According to the applicants, both structures are over 80 years old. The landowners have been raising cattle on the property for nearly 34 years. Surrounding properties are zoned Agricultural 40 -acre (A -40a) to the west and south. The Hoonani Subdivision, consisting of 10,000 -square foot residential lots, is located adjacent to the property to the east and zoned Agricultural 1 -acre (A-Ia). Access to two of the lots is proposed to be from the Mamalahoa Highway, a County road with an approximate 20 -foot wide pavement with grass shoulders all within an approximately 50 -foot right-of-way. Access to the remaining six lots is proposed from Hauhoa Street and Uhiwai Street, both County roadways. The applicant proposes to have the two lots bordering the Mamalahoa Highway take direct access from the highway. The remaining lots can take access from the side streets in the Hoonani Subdivision. The Department of Public Works requests that direct access from the highway be prohibited, in line with the normal policy to reduce the number of driveways taking direct access -4- from major highways. Although the long-term plan is the construction of a bypass around Waimea, this may not happen for a long time, and this section of the Mamalahoa Highway is likely to remain fairly busy with traffic into Waimea even after the construction of the bypass. On the other hand, the property has existing access to the Mamalahoa Highway, including a driveway that serves a home close to the highway and a pasture gate, and to provide access to the lots from the side street (Hauhoa) would require construction of a road approximately 500'-600' long. To minimize direct access from Mamalahoa Highway without requiring major road construction, a condition is recommended that the two lots fronting Mamalahoa Highway share a common access point, with the existing driveway to the one home being extinguished if the home is no longer used. (The existing driveway is probably not in a good location to serve the two proposed lots.) Given the age and small size of the existing house, it seems likely that it will eventually be replaced because the proposed zoning conditions only allow one house per lot. Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The approximately five -acre lot sizes will provide opportunities for future landowners who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by larger parcels. Since the property was formerly used for fanning and cattle grazing, no commissioned archaeological survey was conducted. It is expected that no archaeological or historic features exist on the property. By letter dated March 3, 2005, the applicants have requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). There has been no response and -5- the Planning Department is processing this application because the deadline for response under SHPD rules has expired. According to the Department of Water Supply, water can be made available from two existing 6 -inch waterlines along Uhiwai Street and Hauhoa Street and the 12 -inch waterline along Mamalahoa Highway. As there is no municipal sewer system in the area, wastewater will be disposed of by a cesspool or individual wastewater system, meeting the requirements of the Department of Health. All other essential utilities and services are or can be made available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately twelve miles from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicants, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the 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, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area: The landowners have been raising cattle on the property for nearly 34 years and it is anticipated that no historic properties will be affected. -6- Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As stated by the applicants, no gathering is taking place on the site. Thus, 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 these rights. Based on the above findings, approval of the Change of Zone request from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Puukapu Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -7- ClnabaR 6Z.dm-9/ 14/05 YOSHIO INABA, ET AL CHANGE OF ZONE APPLICATION (REZ 05-003) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. All driveway connections to Mamalahoa Highway shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. No more than two lots can front Mamalahoa Highway and take direct access from the highway. Such access shall be from a single access point meeting with the approval of the Department of Public Works, except that the driveway to the existing home may remain as a second access until the home is no longer used. E. The applicant(s) shall provide a 15 -foot wide future road widening setback along the entire property frontage of Mamalahoa Highway. F. Restrictive covenants in the deeds of all the proposed lots 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. G. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. H. The method of sewage disposal shall meet with the requirements of the State Department of Health. 1. 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 shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. J. Comply with all applicable County, State and Federal Laws, rules, regulations and requirements. K. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. L. 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, 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 -2- originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5_ If the applicant should require an additional extension of time, the Planning Department 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 area to its original or more appropriate designation. -3- COUNTY 1 OF HAWAI`i ORDINANCE NO. STATE OF HAWAIJ BILL NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPT_i ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -40a) TO AGRICULTURAL (A -5a) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-17:40. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-11, 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 Waimea, South Kohala, Hawaii, shall be Agricultural (A -5a): Beginning at the southeast comer of this parcel of land, being the south comer of Lot 1, of the Hoonani Subdivision, Increment "A" (File Plan 1380) and on the northerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "EAST BASE" being 6,182.00 feet North and 202.20 feet West, thence running by azimuths measured clockwise from True South: I. 760 5S' 600.06 feet along Mamalahoa Highway; 2. 1660 10' 3,181.12 feet along a portion of Lot 99, Grant 6857 to J. Chesebro; 2560 10' 600.00 feet along Puukapu Pasture Lots — Section 2; 4. 3460 10' 3,189.50 feet along Hoonaui Subdivision, Increment "B" (File Plan 1384) and Hoonaui Subdivision, Increment "A" (File Plan 1380) to the point of beginning and containing an area of 43.88 Acres, more or less. 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: (l) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs uirectly 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. Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNCIL MEMBER, COUNTY OF HAWAII -2- EXHIBIT "A" (Yoshio Inaba ET AE 1164( FOREST RESERVE FORESTRESERVE FORESTRESERVE --- - ti AGRICULTU%L (A-40a) TO ' Ii _ A-40a AGRICI RAL A•5a _..............._ �_ A-40a - f 43.88 ACRES A-40a A-40a g T m S-" A-40a A-40a -- f A-la r ` I �. A-'p-- o---4 f+wN e N P A-fa a O A-40a kla A-Aa A-5aA-40a c 4 A-40a 6,1 2.00N e. - 202 20 W d _ d "E ST BASE" � Il A-3a I' A-40 _ A-40a A'5a A-5a a f,iW 550 0 1100 2200 'S 3D0 44W Sb ee' AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT WAIMEA, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK-. 6-4-017.040 Date. September 6, 200 EXHIBIT "A" (Yoshio Inaba ET AE 1164(