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HomeMy WebLinkAboutCOM 0723.000 2004-2006 M1V OSp L,'. ~ ~ ! ' Harry Kim ~ ~ - - Dixie Kaetsu Mny'or' Mnnnging Director' r Barbara Kossow ••ti~ei~N'+ DepuO' Mnnnging Direemr County of Hawaii 25 Aupuni Sheet, Room 215 • Hilo, Hawaii 967204252 • (808) 961 A211 • Fax (808) 961 fi553 KONA: 75-5706 Kuakini Highway, Suite I03 Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 3265663 February 17, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ OS-022) Applicant: Christopher Raymond Request: A-20a to FA-3a Tax Map Key: 4-7-7:48 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, 'Harry Kim Mayor Enclosures cc: Planning Department ~'8tl~..f d3~~ Hawaii ('ounty ~s an Equal Opportunity Provider and Employer Comm. No. ~ Z Ref. To: Rif. Late tr or~ • County of Hawaii PLANNING COMMISSION Aupuni Cen[er • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 February l7, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ OS-022) Applicant: Christopher Raymond Request: A-20a to FA-3a Tax Map Key: 4-7-7:48 The Planning Commission, after a duly held public hearing on February 3, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultura120-acre (A-20a) to a Family Agricultural 3-acre (FA-3a) district for approximately 34.5 acres of land. The property is located along the south side of Mamalahoa Highway, approximately 2,750 feet southeast of the Mamalahoa Highway-Hawaii Belt Road intersection, Waikoekoe, Hamakua, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for approximately 34.5 acres of land. The applicant intends to subdivide the 34.5-acre area into eleven lots, consisting of 3+ acres each. 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 a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 The Change of Zone request from Agricultural (A-20a) to Family Agricultural (FA-Sa) will conform to the goals, policies and standards of the General Plan Land Use element. Land use is one of the principal focal points of public concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standazds and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standazds aze set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request conforms to the goals, policies and standazds of the Land Use Element of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • 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 ofpublic services and utilities, access, and public need. 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 property is designated as Extensive Agriculture, which is identified as lands that are 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 BRaymondREZ05-022.jwd-12/15/05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CHRISTOPHER RAYMOND CHANGE OF ZONE APPLICATION (REZ OS-022) CHRISTOPHER RAYMOND has submitted an application for a Change of Zone for 34.5 acres of land from an Agricultura120-acre (A-20a) district to a Family Agricultural 3-acre (FA-3a) district. The property is located along the south side of the Old Mamalahoa Highway, approximately 2,750 feet southeast of the Old Mamalahoa Highway -Hawaii Belt Road intersection and in close proximity to the Kamuela Lakeland Subdivision, Waikoekoe, Hamakua, Hawaii, TMK: 4-7-7:48. APPLICANT'S REQUEST 1. Proposed Development: The applicant is requesting to rezone approximately 34.5 acres from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a). If approved, the applicant intends to subdivide the 34.5-acre area into eleven lots, consisting of 3+ acres each. The applicant intends to retain eight lots for the Raymond Family members and sell the remaining three lots. 2. Landowner's Authorization: The landowner, Robert Raymond, has authorized the applicant, Christopher Raymond, to apply for the above listed request. 3. Supportive Information: The applicant has submitted the attached in support of the request. (See Exhibit A -Change of Zone Application) BACKGROUND INFORMATION 4. February 24,1986: Change of Zone Ordinance No. 86 12 was approved for Juanita Raymond to rezone 57.597 acres from A-40a to A-20a on TMK: 4-7-7:48. (See Exhibit B -Change of Zone Ordinance No. 86-12) 5. February 26,1987: Final Subdivision Approval was granted to Juanita Raymond for a two lot subdivision of TMK: 4-7-7:48. Lot I-A is 23.038 acres in size and Lot 1-B, which is the parcel involved in this rezoning request, is 34.559 acres in size. STATE AND COUNTY PLANS 6. State Land Use Designation: Agricultural. 7. County Zoning: Agricultural (A-20a). ATTACH: Cams. 723 Bill 237 8. GP LUPAG Map: Extensive Agriculture. 9. Coastal Zoae Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management azea. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazazds, managing development, public participation, and beach protection. 10. 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 located approximately 5 miles from the neazest coastline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is triangulaz in shape and is 34.559 acres in size. According to the applicant, there is a Paniolo ranch house that was constructed in the 1920's, a tack room and a barn. Much of the remainder of the property is planted in koa, mexican cypress, pine, coffee and various fruit trees and vegetables. 12. Surrounding Zoning/Land Uses: Surrounding properties to the north and south consist of lazger agricultural pazcels that zoned A-40a. Immediately bordering the property to the east is a 23-acre pazcel zoned A-20a. Further east aze lazger agricultural properties zoned A-40a. To the west is the Kamuela Lakeland, Wailani Ranchos and Waimea Vacationland Subdivisions. These non-conforming subdivisions aze zoned A-la, consisting of lots ranging from 8,000 squaze feet to 1.5 acres in size and aze mainly in residential uses. 13. ALISH: Other Important Agricultural Land. 14. Land Study Bureau's Detailed Land Classification System: "C" or "Fair". 15. U.S. Soil Survey: Maile silt loam, 6-20 percent slopes (MLD). The permeability is moderately rapid, runoff is slow, and the erosion hazazd is none to slight. The soil is used mostly for truck crops and pasture. 16. FIRM: Zone "X", azea determined to be outside the 500-year flood plain. 17. Flora/Fauna Resources: There were no professionals flora fauna surveys conducted of -2- the site. There is approximately 3 acres planted with avocado trees, coffee trees, grape vines, organic vegetables and various fruit trees, such as orange, lime, lemon, tangerine and peach. Additionally, much of the property has been reforested with koa trees, mexican cypress trees and various pine and exotic trees. 18. Archaeological Resources: The site has been previously cleared and used for cattle grazing by Pazker Ranch. The applicant has no knowledge of any historical, azchaeological or cultural sites on site. The applicant has submitted a letter dated March 1, 2005 to the Depaztment of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) requesting a "no effect" determination letter. There has been no response as of the date of this writing. 19. Cultural or Native Gathering Rights: According to the applicant, there aze no known customary or Native Hawaiian cultural rights exercised in this azea. 20. Public Access: There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. PUBLIC UTILITIES AND SERVICES 21. Access: Accesses to the property are from the Old Mamalahoa Road on the north side of the property and from Vierra Road on the southwest side of the property. Old Mamalahoa Highway is a County maintained road with a 20-foot pavement within a 60- foot right-of--way. Vierra Road is a County owned and maintained road for most of the property length (up to Lot 8 on the applicant's proposed subdivision layout) with a 10- footpavement within a 40-foot right-of--way. The remainder of Vierra road is gravel. The Depaztment of Public Works commented that the applicant should provide a future road widening setback of five (5) feet along the entire frontage of Vierra Road and pavement widening to a minimum width of 20 feet along with any required utility relocation and drainage improvements meeting with the approval of the Department of Public Works. 22. Water: County water can be made available to the property with improvements. Comments received from the Department of Water Supply state that the subject pazcel currently has a service lateral fora 1-inch meter from the Depaztment of Water Supply. With waterline improvements along Old Mamalahoa Highway and Vierra Road, water can be made available for the proposed subdivision. -3- 23. Wastewater: As there is no municipal sewer system in the azea, wastewater will be disposed of by a cesspool or septic tank, meeting with the requirements of the Deparhnent of Health. 24. Solid Waste: Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 25. Essential Utilities and Services: Utilities aze available to the project site. The closest police and fire stations aze located in Waimea, less than five miles from the properties. AGENCIES' COMMENTS 26. Police Department (November 18, 2005 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 27. Department of Public Works: (See Exhibit C -December 1, 2005 Memo) 28. Department of Water Supply: (See Exhibit D -December 6, 2005 Memo) 29. Fire Department: (See Exhibit E -November 23, 2005 Memo) 30. Department of Health: (See Exhibit F -October 17, 2005 Memo) AGENCIES - NO COMMENTS 31. Waimea Community Association AGENCIES - NO RESPONSE 32. Real Property Tax Office, Department of Land and Natural Resources -Land Division and Historic Preservation Division, Department of Transportation, Department of Agriculture and Natural Resources Conservation Service. PUBLIC COMMENTS 33. Duane L. and Grethen W. Cobeen. (See Exhibit G -Letter dated October 26, 2005). -4- Raymond Rezone 1. Cover Letter 2. Application 3. Questionnaire 4. Background and Enviromental Report 5. Location Map 6. Plot Plan Map 7. Family Hawaiian History Booklet 8. Relevant Information EX~ To Mayor Kim Planning Commissioner Yuen County Council Members and Planning Commission Members I, Christopher Raymond humbly request that you consider this zoneing change I put foward here. I have been a farmer since 1982. I am a graduate of Univer- sity of Hawaii's School of Tropical Agricultue. And I am one of the few people producing any semblance of a viable crop in this area of the Big Island. Other than this, I have one full time job at the Waikoloa Resort complex, and two part time jobs, one is a catering co., the other is a landscaping bus iness a friend and I am slowly developing. This rezoneing would actually help maintain the rural ambience that has made living here so attractive. Otherwise it will be- come many smaller lots like Lakeland and Vacationland no more than a stones throw away. Or it will become another so called "gentlemans ranch" like on the other side of my property, where one home has their own polo fk@ld. Which in my opinion is about as valid an agriculture venture as a golf coarse. And while on the topic of golf coarses, The Waimea Country Club ,approximately 1200' from my back door is a defacto statement of the direction that this county was taking. And it must be stated that the 11th and 12th holes of this Country Club straddle the South Kohala-Hamakua district boundary. This is an open invitation to you all to come up and visit my farm and try some Waimea coffee, or orange juice or fresh lemon aid all from my back yard. My farm can also inspire othere On what can be grown on less than 5 acres commercially. As I have always professed,diversfication is the key to long term health of ones farmstead. I am asking for this zone change based on a number of criterion, 1. General Plan Mandate. 2. Highest and Best Use. 3. Enviromental Benefit. 4. Fairness-Equitable. 5. Rational Development. 1. The General Plan specifies this area be used as agriculture in nature. It is my understanding this area may further fall into "intensive" agriculture as a classification. My farm is one of the very few properties in the general area actually pursuing in- tensive agriculture-multilevel agriculture. [Vaimea Country Club does not fall into intensive agriculture, nor doeslarge paddock grazing or 8000 sq.' subdivision lots with a third of that under roof, including an ohana unit all being rented out to pay the mortgage. 2. Highest and Best Use. The concept of 40 acres and a mule no longer applies. To keep acres in intensive agriculture is very hard work and this is also assuming you can find people who will work for you, to bring in your crop. And a quick look in WHT's classifieds ads offering jobs with better pay, better benefits ,better working conditions, and better chance for advancement will make finding labor very difficult. People dont aspire to be farm laborers unless it is their own farm. Small farms that can be managed intensivly with just ones' own family is the only real working model that will keep all the land classified agriculture actually producing for the long term. With a small manageable farm, a family could also have time for a life off the farm in- cluding full-time employment with benefits continuing-education, and recreation. This is how to get people back on the land farm- ing. Small and manageable. I must strongly disagree with some, regaurding 5 acres as a minimum size for a viable farm operation. To the contrary, many small operations are some of the most in- ovative, and on properties considerably smaller than 5 acres. Quindembo Bamboo Nursery,Lokelani Tomatoes,Island Herbs, and now the U.of H. is promoting tea and blueberries to be grown up here on "small" farms. I have also seen Councilman Dr. Holschuhs' let- tuce in the stores and his operation is manageable enough he still has time to represent his district in council, and other civic duties. Thank you Doctor. 3. Enviromental Benefit. In this area of the county there are many 40 acre parcels being leased together by a handfull of old time cowboys. This is the last decade this will happen. The land is just too valuable.The vast majority of landowners of these parcels are absentee landowners. I have been here 22years and of the 20+ large parcels around my farm, I have met the owners of3 . The remaining owners I have never seen,nor met.There are no buildings or improvments of any kind on these parcels.They are under utilized and poorly managed. Fireweed, a small yellow flower, a very noxious invasive plant th t can kill livestock is taking over many thousands of acres u in the Waimea plateau due to poor land management. There are o ly a few people still making a living raising beef cattle. Of hese, most products are high end and expensive. It is imprac icai for someone new to get into beef production here. At a mini um it requires hundreds of acres. And as for dairy, it's a close industry. Small 1-5 acre parcels will allow the p tential new farmer to try new crops without much financial ris Smaller parcelywhere owners actually live on site with agrowi g knowledge of their farmstead will promote the concept of ma ama aina. Diverse planting of various crops, wind reaks,ornamentals will help bring life back to this land. This 's the zone known as the watershed and it use to be a rainforest. Now during a drought, it becomes downright arid. Other than kikuy grass the only other obvious life for thousands of acres is t e ubiquitous giant,and dangerous eucalyptus "RObusta". And abou once every year or so these trees growing on adjacent parcels rop huge branches on my fence line costing me sometimes thous nds of dollars, if real heavy winds blow. I have never been able to recover cost, includ- ing a horse worth quite alot, which ran ff after one of these broken fence incidences. These trees con tanly fall and damage electr~al and telephone lines as well as stop traffic and en- danger lives. why these landowners are n t held responsible for the damage their trees cause is beyound y understanding. 4. Fairness-Equitable-Right to Farm I am a farmer, I have been farming, I w uld would like to con- tinue farming. We will also be providing three other families the opportunity to farm. This is no Hokulia. It is also my understand -ing that Session Laws of Hawaii, 1969 ct 232. Under the Attorney Generals Ruling, Ag. lot size i under the jurisiction of the Counties. 5. po ulation p Rational Development. The continues to row rapidly here on the Big Island. As does the demand for home ites.In regaurds to land development and natural hazards whi h seem to be in the media and our own lives constantly, the aikoloa fire,Hurricanes ,tsunamis the inevitable volcanic erupti n,flooding. This is unquestionably one of the safest areas i the county to build and live. Two reasons are behind this trend of rapid growth and settle- ment patterns. The local families the people who work this land and made it what it is. The teachers,farmers,firemen,resort workers retired plantation workers, construction workers. These peoples' families grow up and have families of their own and want a place they can call home. Then you have the malhini. Most come with deep pockets. Some appear sensitive to the fact they are newcomers, many are not so sensitive to this fact. All this demand has changed the littoral landscape of this island faster in the last 5 years than any time I can remember. The vast majority of the West side is being bought up by non- locals. The bulk of the home site= on the vedant East side are owned by the local populations and many of these people drive that corridor through Waimea, going right by my farm on their way to a job at one of the resorts with great benefits. Then back home on the East side where many tend their gardens in their back yards, or a flock of birds, or maybe a horse or two. A great many I sress many people I know would like a few acres, 1-3 is what I here people want.I had a real estate license 10 years ago, and I re-stress here, htis is what the local people want, to move up to a couple acres, with a bit of elbow room. And if they were to build an ohana unit it would still allow the rain somewhere to go, People want enough to open up possibilities,a small plant nursery, a dog boarding kennel, a B&B with extensive flower gar- dens, maybe aquaculture, or a small lumber mill. Please consider this small, yet progressive rezoning I put befor you. I look £oward to meeting with you and discussing land issues re- gaurding my neiborhood and the adjoining rural area where I have lived the last 22 years. Mahalo, Christopher Raymond CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: APPLICANT'S SIGNATURE: _ ~ DATE: ~ ~.z 3 /vS ADDRESS: P•O. Box 1210 Kamuela, Hi 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: Son of owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): R LANDOWNER SIGNATURE(S): DATE: !v / ~ Dy (May be by er) ~ LANDOWNER(S)ADDRESS: 1n7S Pnnkala cr Makautan Matti u; Q~7~R REQUEST: Rq, 20 (34.5 acres) TO Aq.3,FA-3a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 4-7-7-48 Lot#1 STREET ADDRESS OF PROPERTY: 47-5211 Mamalahoa Hwv. SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 34.55 8 Acres AGENT: None ADDRESS: TELEPHONE: (Bus.) 886-6131 (Res.) 885-7854 (Fax) 886-1128 (address C Raymond Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Christopher Raymond COPIES: Robert Raymond (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 des, 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? 34.55 b Into what lot sizes? 3+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? 6 months d. Do you intend to build houses on the newly created lots? no If~es, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form . enclosed If you have no firm plans of subdividing the subject area, do you intend to: a• Se11 or lease the land to someone who has firm plans? D• 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? 5/99 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? It will create 3 additional residential-agricultural lots in the Wa ~rtet, a azea. 9. Are there any buildings on the subject area? Yes If so, what kind? Thereisasingle-familyresidenceandohanaunit,a barn, and a otting ~h~d. What do you intend to do with those buildings if your request is approved? Thev will remain on one of the proposed lots. s. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many' square feet or acres of land per product. There is 1.25 acres in coffee, plus 2 acres being planted in coffee, A quarter acre of citrus, another .5 acers of various crc~ece sasm~~~gacre)ea~aca~oorceiiardonproposed~o~lAl developeing nursery. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? Yes 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? -L- ~ ~ ~ d Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No ' Please state the proposed type of arrangement. ' 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. . '"`Included in opening letter. 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. ' P• 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 y• What sort of governmental assistance and/or improvements do you feel will I be needed in the subject area when developed? Yes No Schools X b. Roads X I ~ Sewer X I Drainage X I t Yes No ' e. Police Protection X F. Fire Protection X ' o, Recreational Facilities X h. Public Utilities X ' Other X ' For those checked "yes", please elaborate what type-or kinds of improvements and/or assistance are needed. I Creating a bike path that would'go around the island utiliz- I ing under used assets such as the Old Mamalahoa Hwy. would benefit both local and visitor alike. With "user fee" camp grounds at appropriate spots along the way. I'm aware this is not so new an idea, but $ow bikes make more sense than ever. ' ~ I , _ Signature: _ ( _ S Address: _ g,oz :2;~V ;amuela 51,7:3_ Telephone: ~E85-7ti5 Date: C'f~ 3 C~ 5 -4- March 1.200 County of Hawaii Planning Department Proposed Change of Zoning and Subdi~•ision A. SLBJECT REOt'EST The applicants. Christopher Raymond (propem residenUfarmer since 1983) and Robert Ra} mood (owner of subject propem) are requesting to change tax map key ?4-7- 7--18 Lot 1 from Ag-20 to Famik .-agricultural 3-acre (FA-3a). The propem currenth consists of one. 34S-acre parcel. ~~'hich has been in the Raymond famih' since the ~1'lalrele of the ] 860s. It was at this time that King Kamehameha III offered it for purchase b.' John T. Bakes great-granduncle to Mr. Robert Racmond. There is a 1920s Paniolo ranch house. one tack room. and one barn on the parcel. Cutrenth'. approximateh 3 acres are in intensive cultivation. consistins of carious fruit trees. such as orange. lime. lemon. tangerine. and peach: avocado trees: coffee trees: grape vines: and organic ve~aetables..~t this point in time. all of these agricultural products are consumed solely b~ familc members and are not generating an income. Much of the propem has been reforested kith Koa. Mexican c} press. carious pine trees, and other exotic species. Robert Racmond is requesting a rezone of the 34.E acres to elegy en. 3.1:6-acre plots so that these parcels can be bequeathed to famih' members. Three parcels trill be sold to pa}' off an outstanding mortgage on the propem. to cover am' rezoning. subdit ision costs. and to ensure pacment of some retirement monies to ~Ir. Robert Rat-mood. The remaining eight parcels-..'ill remain in the Racmond famih. therebt ensuring that this land trill star in the hands of his Hatcaiian famih members. The Racmond children intend to build one home per parcel a[ some poin[ in time in the future and to keep the propem rural bt ~=rotting colt"ee. fruit trees, and ~ e~_etables. The timeframe to bring this project to completion would vary from one to ten years, depending on when the Raymond family members aze able to retire to the Big Island. Total cost of the project would vary, depending on how much each family member is able to invest in a home/cultivation venture. There are no anticipated employees, since there aze no large commercial ventures planned. There aze no anticipated parking issues. A slight increase in traffic is anticipated to Vierra Road, which is a county road, at some point in the distant future. Three pazcels will be accessed from Mamalahoa Highway, which is underutilized at this point due to the Hawaii Belt Road. Eight parcels will be accessed from Vierra Road. B. CONFORMANCE WITH STATE/COUNTY PLANS The Raymond parcel abuts the South Kohala district on the south side at Lakeland/Vacationaland. It abuts atwenty-acre pazcel on the east side and forty-acre parcels across Mamalahoa Highway on the west and north sides. The proposed request does not adversely impact the surrounding azea for a number of reasons. First, LakelandNacationland is already comprised of over 200 homes. Second. this area for some time has been subdivided into small, residential lots that vary in size from 8,000 square feet to 3-acre parcels, and is one of the most affordable subdivisions in Waimea at this time. The proposed request meets the intent of the county's general plan in a number of ways. First, it creates a mix of lot sizes for the area. Second. it is one of the few parcels in the area that is being intensively cultivated. Further subdivision of the property allows additional cultivation by future Raymond family members and is best accomplished on small parcels where an intimate relationship can be developed with the land. The surrounding forty-acre pazcels on the north and east side of the parcel are underutilized agriculturally due to size and other factors. Livestock production is no longer economically viable. which is evident by a lack of Big Island beef production and absentee landowners. Our plan keeps the Raymond landowners on their property and provides parcels of a manageable size for cultivation. We plan to maintain the scenic beauty of the environment as well as its rural ambience by building one home per parcel and cultivating fruit trees, avocadoes, coffee, and vegetables. According to the General Plan, list of LUPAG map revisions, page 13, this area has been designated F-1, Intensive Agriculture to Rural, which is compliance with our proposal. The Community Development Plan is currently in development through Councilman Hoffman's office, and so no assessment can be made comparing this plan to our proposal. The property is not in a special management area since it is neither located in a coastal azea nor offers any views to a coastal azea, which does not adversely affect our proposal. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA The 34.5-acre parcel is reforested grassland surrounded by large. old-growth Eucalyptus trees. It is located at the extreme west end of the Hamakua District and abuts South Kohala District at Lakeland/Vierra Road. The climate is cloud forest and the topography is slightly rolling grassland with a slightly negligible slope of <5 degrees. The soil is maile loam. The soil and climate have proved to be ideal for coffee. fruit. avocado. and some vegetable production. The Department of Land and Natural Resources has issued a letter of no effect (attached) because the subject land has been previously cleared and grazed. The previous history of this parcel is that it was leased to Pazker Ranch for 99 years until 1976 and was used by them for cattle grazing. We have no knowledge of any historical, azchaelogical. or cultural sites on the property. There aze no known customazy or Native Hawaiian cultural rights exercised in this area. The Department of Public Works has confirmed the property to be in the FIRM zone, outside the X00-}~eaz floodplain. The property is in Lava zone 8. the second safest lava zone on the island (see attached map). The plazmed addition of possibly ten homes over the course of several years is deemed to negligibly affect the air and noise qualih. The economic resources of this area are tied to the working communities of Waimea. Kailua-Kona, and the Kohala Coast, which is where most people work. There are a few small, part-time agricultural ventures, such as Lokalani Farm Greenhouse Tomatoes, [he Waimea Country Club, and some cattle grazing of lands. Land values in the area vary from houses on small, 10,000-square-foot parcels selling in the low $300,000 range to gentleman estates valued in excess of a million dollars. It is our belief that the surrounding azea settlement pattern is similaz to that proposed. The zoning on many of the surrounding pieces is also similar to the proposal. Please see the attached map for details of surrounding zoning and subdivisions. D. Public Facilities and Services The property is fronted on the north side by Mamalahoa Road and on the southwest side by Vierra Road. These roads would serve as access roads to the parcels. At some time in the future, graveled driveways will run from these access roads to homes for Raymond family members. All driveways will be in full compliance with count.' fire and emergency access requirements. The property is serviced by a ten-inch water main at the west comer of the property. This water main then splits into two, two-inch sub-mains. which run the entire length of the property. The County of Hawaii Department of Water has verified that there is adequate water volume for our proposed subdivision into eleven parcels. There exists a one-inch water meter on the property, which services the ranch house. Additional water meters will be added when needed. As pertains to agriculture water, there is none available. which further emphasizes the need to maintain small, intensive-cultivation endeavors. Sewage disposal will be via septic system and will be in full compliance with the County Department of Environmental Health. There exist two septic tank servicing the ranch house at the present time. All solid waste will be disposed of at the Waimea Refuse Dump and all recyclable materials recycled. Electricity is provided to the propem~ from HELCO to both the ranch house and partway down Vierra Road. Additional electrical lines will be erected by Raymond family members as needed. Cable and telephone aze provided to the ranch house and will also be erected as needed. Police and fire protection aze provided through the South Kohala Police and Fire Departments. Sufficient educational needs are met through the Hawaii public schools, Parker School, and Hawaii Preparatory Academy, which aze located in Waimea. The impact to all local public services is anticipated to be negligible. E. Environmental Assessment and Analysis The relationship between short-term uses of the environment and long-term productivity is one of proposed enhancement. Such enhancement will be done through organic farming practices, reforestation and soil stabilization, cazbon sequestering. wind- break development, and the development of renewable energy systems (wind and solar power) in the future. It is our desire to be self-employed through the cultivation of the propem~, which will positively affect the community by increasing revenues and reducing the need to commute to outside jobs. Long-term effects include selective harvesting of Koa trees planted 20 years ago for use in high-end furniture and interior design, and the possible milling of Mexican cypress, also planted some 20 years ago. for use in the building of the Raymond homes. We also propose to cut Mexican cypress for firewood as an alternative heating fuel. which would decrease local dependency on electricity as a means for home heating. Also included in the long-term effects would be further beautification and protection of the family land, which we dearly love. We feel that all current and future tree plantings benefit both cun•ent and future generations. This is because all tree plantings in this area are mitigative by decreasing the impact of our blustery tradewinds on soil erosion and offer protection against these winds, thereby increasing everyone's quality of life outdoors. Use of hea~1~ equipment. other than site preparation for homes. will be minimal. Furthermore, intensi~ a cultivation mandates small equipment and will be done mainly by hand tools. No pesticides will be used since we stroneh~ maintain the philosophy that an organic means of production is best-suited for long-term viability of the land. There will be no risk of contamination to groundwater, lands. animals. or people. To our knowledge. there are no irreversible and irretrievable commitments of natural resources to any outside parties. Agencies Comments We have contacted the Department of Water Department of Finance. Real Property Tax. Fire Department. Planning Department. Department of Public Works. HELLO Electric, Verizon, Department of Health, and the Department of Land and Natural Resources to help us compile this report. All have assured us that the proposed subdivision will have a negligible impact on the community. Please consider our application for our family rezone/subdivision of our land. Mahalo. 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'g +t^£ £ao R .2"- ~~'n IX-ten 5$ C.° 'c' ~ w qy ! ~ m a s a %~O c r K a 6 '9 ~ Y. > N~ Z 3 am "3% ate h t^wr tam m~~n53~..$(I ~7 %f1'~naz C70 oB^yRa n ~^`<a o~awna~ "m S.°. .°c s.y..3Q ~omn wm°3.T` Z `~'~~m ~%E„y °_"m~°m~~• ma mf^aoy 3. ~ n ~ ^ °O-c ~°y^O, nn°n a 3a~c aan ores wa roA n ~ ~ ae ^e noamnE >3E °n n3~~re a~ w (y o a Y O V Y ~_I v V c c y #03591.1 PROPOSED ZONE CHANGE FROM A-20a TO FA-3a PROPOSED ZONE CHANGE FROM A-20a TO FA-3a LOT 1-B Land situated on the Southerly side of Old Belt Road (Old Mamalahoa Highway) and on the Northeasterly side of Homestead Road at Waikoekoe, Hamakua, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot 1-B; and Being a portion of: Land Commission Award 8559-B, Apana 2 to William C. Lunalilo (Certificate of Boundaries No. 33). Beginning at the Northwesterly corner of this parcel of land, being a point on the Southerly side of Old Belt Road (Old Mamalahoa Highway) and on the Northeasterly side of Homestead Road, the coordinates of said point of beginning referred to Government SurveyTriangulation Station "WAIMEA (EAST BASE)" being 7,387.76 feet North and 11,933.25 feet East and running by azimuths measured clockwise from True South: Thence, for the next seven (7) courses following along the Southerly side of Old Belt Road (Old Mamalahoa Highway): 1. 267° 21' 300.78 feet to a point; Thence, following on a curve to the left with a radius of 1,805.00 feet, the chord azimuth and distance being: 2. 265° 24' 122.84 feet to a point; 3. 263° 27' 158.31 feet to a point; #03591.1 Page 1 of 2 WES THOMAS ASSOCIATES -Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #03591.1 .PROPOSED ZONE CHANGE FROM A-20a TO FA-3a Thence, following on a curve to the left with a radius of 6,690.00 feet, the chord azimuth and distance being: 4. 262° 55' 45" 121.63 feet to a point; 5. 262° 24' 30" 111.74 feet to a point; Thence, following on a curve to the left with a radius of 3,255.00 feet, the chord azimuth and distance being: 6. 260° 59' 161.89 feet to a point; 7. 259° 33' 30" 1,042.12 feet to a point; 8. 350° 14' 30" 1,546.36 feet along Lot 1-A and along the remainder of Land Commission Award 8559-B, Apana 2 to William C. Lunalilo (Certificate of Boundaries No. 33) to a point; 9. 118° 44' 2,575.65 feet along the Northerly side of Homestead Road to the point of beginning and containing an area of 34.559 Acres. ~~'(P~" T' YgM9 WES THOMAS ASSOCIATES Q` UCENSEp S PROFESSIONAL 9~ C~~~~~`9~~" " L LAND >R` SURVEYOR No. ea3i Chrystal Thomas Yamas ' ~'~9K,gII OS?'~ Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 4-7-007: 048 (3rd Division) July 22, 2004 aosssi.~ Page 2 of 2 WES THOMAS ASSOCIATES -Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 ,aG< ga DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI 1 345 KEKUANAO'A STREET. SUITE 30 HILO. HAWAII 96120 TELE?HONE .8081 9618050 FAX 18081 961-865' Febntarc ~00~ Mr. Christopher Ra} mond P.O. Box L10 Kamuela. HI ~7Gy3 ~~'.aTER.-~~'.alL:\BILITI R1:Ol EST T.a\ ~I.~P I~EI' ~-i-Oi:0.1Y This is in rzsponse to ~-our Januan 3. ~00-I. letter. Pleasz be informed that .cater is a~'ailable for the proposed changz of zone and subsequent ,uhdi~ isian from the end of an existine S-inch tcatzrline along the ~iHmalahoa High~cac and Puukapu Humes[ead Road a[ die apes of the propzrt~. in accordance kith the Departments existing ~~.zter a~ ailabililc conditions. ~~hich are sublect to chan~•e ~cithout noticz. For ~-our information. it is the responsibilitc of the dzczloper to zxtend ~ minimum 6-indt diameter ~rarerline from the end of the zxistim~ S-inch ~caterline to a poin[ determined b~ the lot lacou[ of the proposed subdi~ ision and this Departmznt. Please keep in mind that this Iztter shall not be construed as a cater commitme:a. In other ~.~ords. UnIeSS a ~\-titer .Omillltment IS Otf lilall~ ~tt~Cir=d. ~\"at2r a\~a11ah11it~ IS JUh~CI't IJ ~n1n~'~. ~2~'Zl;~il n~_ stn the eater situation. Should then, ire .:m .lu~rti,m>, !,lea.e call \Ir. illi:un .\tkins ,,(„ur titer Re<,~urce> any! I'Llnnin_ t3ranch .It `Ih i ~-II. Sincerzlc tours. \lilton D. Pa~:tu. P.G. \lana_zr t1' \:dm~ ~I 'i ~ o r wt ' GEORGE R.ARIVOSHI : .•'il JACK K.SUWA GOVERNOR CHAIRPERSON,BOARD OF AG RICULTURE~ S ~ SU2ANNE D. PETERSON n~ 'h., ~.,,T'' DEPUTY TO THE CHAI RPERSON State of Hawaii DEPARTMENT OF AGRICULTURE Mailing Address: 1428 So. King Street P. O. Box 22159 Honolulu, Hawaii 96814 Honolulu, Hawaii 96822 August 21, 1985 AMENDED MEMORANDUM To: Mr. A. Lono Lyman, Director Planning Department, County of Hawaii Subject: Change of Zone Application (R85-35) A-40a to A-20a Juanita March Raymond TMK: 4-7-07: 48 Hamakua, Hawaii Acres: 57.597 The Department of Agriculture has reviewed the subject application and offers the following comments. According to the application, the applicant seeks to subdivide the subject parcel into two lots of 23.038 (Lot 1-A) and 34.558 (Lot 1-B) acres each. There are dwellings on proposed Lot 1-B. According to our information, much of the area surrounding the parcel is used for pasture. The parcel is classified as "Other Important" agricultural lands according to the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. The Soil Conservation Service Soil Survey identifies the soil as Maile silt loam (MLD) with 6 to 20 percent slopes which is used for pasture. Maile silt loam has a crop capability classification of IVe (soils with severe erosion hazard if cultivated and not protected). The subject parcel has a Land Study Bureau Overall Productivity Rating of C-161. By this method of classification, the parcel has"fair to aood'~productivity potential for vegeta- bles, orchards and grazing. Mr. A. Lono Lyman August 21, 1985 Page 2 The applicant indicated that she [did not] does intend to use the land for agricultural purposes. She should be apprised that any dwelling(s) constructed on the proposed lots must be accessory to an agricultural use, pursuant to Section 205-2 of the Hawaii Revised Statutes. Thank you for the opportunity to comment. ~a~ •:..i;ct~c ~r / ,UACK K. SUWA i.~/Chairman, Board of Agriculture Mazch 1, 2005 Mr. Galen M. Kuba Division Chief Engineering Division Department of Public Works 101 Pauahi Street, Suite 7 County of Hawaii Hilo, Hawaii 96720 Dear Mr. Kuba, We, Christopher Raymond (property residendfarmer since 1983) and Robert Raymond (owner of subject property) aze requesting to change tax map key #4-7-7-48 Lot 1 from Ag-20 to Family Agricultural 3-acre (FA-3a). Our application for a rezone is attached. We would like to know of any impact said requested rezoning would have on drainage. earthwork, and roadways in the specified azea. Please review our application and send us your response to us at the following address: Christopher Raymond P.O. Box 1210 Kamuela, HI 96743 Your timely attention to this matter is greatly appreciated. Mahalo, Christopher Raymond Mazch 1, 2005 State of Hawaii Department of Land and Natural Resources Historic Preservation Division Kakuhihewa Building, Room 555 601 Kamokila Boulevard Kapolei, Hawaii 96707 To Whom It May Concern, We, Christopher Raymond (property resident/farmersfnce 1983) and Robert Raymond (owner of subject property) are requesting to change tax map key #4-7-7-48 Lot 1 from Ag-20 to Family Agricultural 3-acre (FA-3a). We need verification that there are no historic properties on this parcel, which has been grazed since the 1860s by Parker Ranch. In fact, it came off a 99-year lease from Parker Ranch in 1976. Please send a letter verifying this information to us at the following address: Christopher Raymond P.O. Box 1210 Kamuela. HI 96743 Your timely attention to this matter is greatly appreciated. Mahalo. Christopher Raymond Copyright 9/22/2005 by Hawaii Information Service Waimea Vacationland MLS # ? 63923 TMK # 3-6-4_29-26 §519 500 y[~ Lt~[~L~?, ~~C:.;-~ ~1"tom. Old Mamalahay MwY a ' 29-26 29-2d 29-27 29-25 24-24 39 29-23 Waimea Vacationland 2]-23 64-109 MAMALAHOA HWV 7 bedrooms & 4.00 baths 2,373 sq R of living area on 8,400 sqR of land Fee simple ownership Includes: Ceiling Fan, Chandelier, Carpet, Window coverings, Dryer, Disposal, Drive, Fencing, Floor Tile, Landscaped, Microwave, Refrigerator, Range, Rock Walls, Storage Area, Smoke/Heat Detector, N Cable, Washer Remarks: Waimea, very close to the golf course. Minutes from center of town. This offering is for a seven (7) bedrooms 2 units in one joined structure. Four (4) bedrooms, 2 baths, full kitchen in the main house & three (3) bedrooms, 2 bathrooms, full kitchen in the adjoining unit. Lots of room and possibilities. Live in one side, rent [he other. Call James G Batol , R(S) Big Island Realty 1808-489-7119 808-863-3000 ~ This information has been supplied by third parties and has not been independently verified by Hawaii Information Service and is. therefore, not auaran[eed. This property is located less than 100' from the Raymonds' property. http:iiwebre 1-hawai iiniormation. com/RLsearchll3aseiLibiActionl~f enuPrintModal. htm 9i' ~i _00~ MacArthur - A Rare Opportunity to own 168 acres just minutes from the Big - . - - Island's town of Waimea and less thmt 45 minutes from the beaches and resorts. - With panoramic vistas of Mnutta Kea, & Company partial ocean views and views of 1Vnipio Valley, this prime Island ranch land con- sists of t)tree ndjoittittg parcels (also avail- able individually): 73.44, 36.72 attd 55.3 acres. 17te 73 at:d 36 acre parcels offer highway and golf course fronts otnth water, electricity and yl:one.':Nestled on to 36-acre parcel is a 3 bedroom, 2 bath ' artnhouse mitt: 3-car carport, tack room and ?-stony bay. 54,500,000. MLS 160574. Dodie MacArthur R(B) Rebecca Keliihoomalu R(S) 808.885.8885 This property is located next to the Waimea Country Club. App- roximaely 2500' NE of the Raymonds' farm. It was an Organic Beef and Mutton operation run by owner Rick Habein, who was a graduate of Cal-Polys' highly regaurded Agriculture program. He also has deep pockets; and yet his operation lasted less than a decade. The TMK is close to the Raymonds', both beginHi-ng with 4-7-7 and similar in size. This would give an approximate estimated market value, give or take 15~. I ~ , - A'JJA AN PRESORTED ISLAND HOMES LTD. FIRST-CLASS MAIL 5'~~ 1 .S. POSTAGE PAIi 162 Kino'ole Street. Suite 301 HO\OLLLL. HI Bid Island. Hass aii Hilo, Hawaii 96??0 PE2\1IT \O. 99p OPE] HOCSE Sunuduc. Aocembcr _'ll. '00.3 I' \oon - 3:00 P.\1. Sunda. \~oscmbcr'l.?063 I? \oon - 3:00 P.Bt The hearNand and soul aj A'a'u is offered for sa/e Lots from 3.3 Acres to 33 Acres Prices from 5180.000 - 5.150.000 Fee Simple • Cleared. Icrel, and reads for tour dream home • Ecpansrve Ocean and \foun[am \leas • Located on histonc scenic Somh Pomt Road • Limned number to choose from • Perfect for the rancher or farmer • Half is a bettceen Hilo and Kona • \car the best fishin^ Grounds m the State • Close to Schools and Shoppm~ • mmutcs from the Xauonal Park ->.v> SfAr:D HoMes Lm. Cal! IRORI 9}J-7300 or I-R00-9N-7}02 Moll (reel for more information. N~ebsitr: ewtt.hihlW.cortu southpoint Pnc<s and incenmry sub~ec~ m chance wnhoue wnee Outside nroAer mutt attosgam Buyer on fim vsn. These properties illustrate that small 3 acre parcel are being approved and put on the market. But Kau is not where the local people want to live, they want proximity to the job market. Kau also lies with in the rift zone and "high" lava hazard zone. It also is a very long drive to deliver farm products to customers. This is assuming these properties are to be actual farms. They are much too small for cattle ranching. CHRISTOPHER RAYMOND c/o SECOND GATE FARi4 P. 0. BOX 1210 KAM[TELA, HI 96743 PH: 885-7854 July ?.7 , 1984 Dear Councilman Shutter I am writing you: (1) Because you revresent the Community of Waimea and (2) When I was introduced to you a couvle of months ago through my uncle Stanley Raymond during lunch at the "Broiler", you told me if I need some help with my agricultural venture, just ask. That time has come. I have reached a point where I don't know what to do next. I have exhausted all my options. The subject is "Agricultural Water Availability", To "Up-Date" you on my progress: After graduating from P1aui Community Co11eQe with an Associate Science Pegree in Tropical Agriculture, I moved to my families 58 acre parcel in Puukapu with hopes of helping The County and State of Hawaii reach a more self- sufficent balance in its economic development, knowing, all too well. from growing up on Maui, we are more dependent on TrTest Coast trade than meets the eye. A dock strike or oil embargo makes it all the more evident. After learning, ho~o much fresh food we import for consumers ( *tnore than 85°~ for most items) I made a pledge to myself to make "us" more self reliant primarily in "Fresh Food" consumed by Islanders. * Source: "STATISTICS OF HATdAIIADT AGRICULTURE 'R2" PREPARED BY: HAWAII AG REPORTING SERVICE. -1- When I moved here to the BiR Island seven months ago, I started to analyze my water situation and it was minimal. I had two 5/8" meters for my land but one had been cockroached by a Cattle Man with adjoining land. I was left with just one 5/8" meter for all my farming. The First action I took was to apply .for Agriculture Water Rates and a larger meter through The County Department of L•later Supply. I received the lower water rates but not the larger meter. The memo quotes, "dour request for a larger service cannot be made at this time," and no other explanation. There is a 12 inch line that runs up to our narcel and two 2-inch lines, one on either side. I could not understand my meter size increase denial. My next move was to contact The State Department of Land and Natural Resources. After discussing with them my situation, they made it clear---my lot (4-7-07:48) is out of their service limits and not adjacent to their service main. (para: 13-176-3 Rules Governing Water) It seems most of their water is intended for the Lalamilo area and any lots ~ohich are lucky enough to run adjacent to "their" service main on its way to Lalamilo. This seems impracticable and unequitable when you consider the soil in my area of Puukapu is far superior for growing crops than Lalamilo soil. Just recently The Department of Land and Natural Resources put into operation a pump and pipeline to siphon off water kept in the Lakeland reservoir and this goes into a pipe- line which runs t•?est to Lalamilo. Right out of my own backyard and I don't get any. -2- The cost of putting in my own sub-main from "their" main as well as easements would be unrealistic. My only realistic short term alternative~`is to get an increase in meter size from the Counties' 12-inch or two 2-inch lines which borders our parcel. I am constitutionally entitled to this increase. It is stated in the "States Agricultural Plan". Please do your best to help me with this situation. It is with everyone's best interest in mind. Sincerely, Christopher Raymond R.S.V.P. Christopher Raymond c/o Second Gate Farm P. 0. Box 1210 Kamuela, ICI 96743 PH: 885-7854 -3- Y J f vt-t i L~ , ~Lt. ~ . IR C v ~.L r ;,1J "e.~~{"1e fcu~P tp C D~E'~N r~ ~ N 'Z'}'.rt ~ ~ J V^^~i G~, (s+St:~~P" ~aeoaa,t w,1 / r -Q0. '~S CL c ~h~~,~~ i,G -1' • 1 ~ rYYtiS P:v ~ ~ \ ~~r' Fn. g. r• }~'~;57'' •.~r - L(.~F~nl S'J E: I~i,, rn G`~~\I .r f'~'N ~ \ t' l e yr.i. ~l i'~\ / i / a. p.{ _ ~.NepMJVds (,l`/ / Eonn xu.r.e ~ r Eou xn•ap.`o Eat / ~ t ~ ~ e MY.V• E/xIME/. ~ - t ~ S'4~pO / o~N ~ P'A ~e \ ..r f ~i\S nay ! for a-v-r ~ , . ~xn. dian Nema tuns ' 1': ) x a ~ 1~-~ Eat.mlto aaaitlon ~ ~ i ~auvorr a ' ~ t I r f f® 1 M.na NoaO 1 \ i ~ LEGEND \ ~ ~ \ Pr o~eEt Area \ \ Benetitetl Pasture LanO r~- ~ x Benelitetl Irrigated Lantl ~ ~ / ~ Existing ~ \ ~ / New r' OrOan Land N Forest Reserve - - - - ' Streams 1.~ - $G1LE IN F_; Proposetl Reservpir ~ ~ Ezistin8 Reservoir apoo 0 Exrs bng IrngaM1On Pip elrne Proposed Irngation PipelmE Proposed StpcMwater Pipeline COUNTY OF HAWAII STATE OF HAWAII BILL NO. 1 z 3 ORDINANCE NO. 86 12 AN ORllINANCE AMENDING SECTION 25-96 (HA[dAKUA DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) TO AGRICULTURAL (A-20a) AT WAIKOEKOE, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-7-07:48. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-96, Article 3, 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 Waikoekoe, Hamakua, Hawaii, shall be Agricultural (A-20a): Beginning at a pipe at the Northwesterly corner of this parcel of land, being also a point on the Southerly side of Mamalahoa I3ighway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 7,387.76 feet North and 11,933.25 feet East and running by azimuths measured clockwise from True South: 1. 267° 21' 300.78 feet along the Southerly side of Mamalahoa Highway to a pipe; Thence, following along the Southerly side of Mamalahoa Highway on a curve to the left with a radius of 1,805.00 feet, the chord azimuth and distance being: 2. 265° 24' 122.84 feet to a pipe; 3. 263° 27' 158.31 feet along the Southerly side of Mamalahoa Highway to a pipe; EX BIT Thence, following along the Southerly side of Mamalahoa Highway on a curve to the left with a radius of 6,690.00 feet, the chord azimuth and distance being: 4. 262° 55' 45" 121.63 feet to a pipe; 5. 262° 24' 30" 111.74 feet along the Southerly side of Mamalahoa Highway to a pipe; Thence, following along the Southerly side of Mamalahoa Highway on a curve to the left with a radius of 3,255.00 feet, the chord azimuth and distance being: 6. 260° 59' 161.89 feet to a pipe; 7. 259° 33' 30" 1,607.67 feet along the Southerly side of Mamalahoa Highway to a pipe; 8. 350° 14' 30" 2,002.80 feet along the remainder of Land CommiSSion Award 8559-B, Apana 2 to William C. Lunalilo to a pipe; 9. 118° 44'. 3,298.16 feet along the Northeasterly side of 40-foot wide Homestead Road Right-of-Way to the point of beginning and containing an area of 57.597 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference ;Made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the petitioners, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval; (B) subdivision plans shall be submitted within one year from the effective date of the change of zone. Final subdivision plan shall be submitted -2- within one year from the effective date of the tentative subdivision approval; (C) the requirements of the Department of Water Supply shall be complied with; (D) restrictive deed covenants for both parcels shall be submitted to the Planning Department for review and approval prior to its submittal to the Bureau of Conveyances for recordation with final subdivision plat maps. These covenants shall require active agricultural activities to ensure the land is productively used. These restrictive covenants are encumbrances running with the land, and shall be binding on all parties and persons claiming under them until such time that the land is rezoned to a more appropriate zoning designation; and, (E) all other applicable rules, regulations and requirements be complied with. The Planning Director may administratively grant extensions to the foregoing time conditions. Further, should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property 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. -3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: r' COUNCIL MEMBER, COON OF HAWAII Hilo, Hawaii Date of Introduction: February 5, 1986 Date of 1st Reading: February 5, 1986 Date of 2nd Reading: February 19, 1986 Effective Date: February 24, 1986 -4- ~ % ~ ; e/ ~ ~ / % , A-5q ' A-~+Gc A-9oe / ~ I it A 4oq O O '~~.~'G 4eq A-Iq ?eq g6~iSNt A 4oe ~ OP 'D u.~'a^^N,9e oA'fT A-+Oq 1, A-la A-+ea ~i AGRICU TURA A-4oa m O AGRIC LTU A-~CQ A-+eq REA = 57_ 97 -p 0 A-4oq A-toa ~9 y'~~ 1Q F- x'91 A-toe ~~Ol l A-+oq 1 I ~ n0 / 0 C j Q n J ~4oa J 0 Q I 0 Y ~ Y I Q A-QOO J~Q A 400 A-4oo ~Ir AMENDMENT TO THE ZONING CODE AMENDING SECTION '~5-96 (1-iAMAI'CUA DISTRICT ZONE MAp) ARTICLE 3, Ct-IAPTER 25 (ZONING CODE) GP THE 1--IAWAII COUNTY CODE-, 8Y CHANG- ING THE ~ISTr-ttcT CLA951FICATION FROM A6R1- CUI..TURAL (A-40q) 7'O AGRICULTUIYAL (A-20cf) AT WAIKOEKot=, HAMALGLlA, F-}AYVAII. PRE pAT'2E~ SY = 1°LANNING t7EPARTI~'~C-NT oovNTY of 1-iA1^lAtl TMK = 4-7- 07 = 48 OEC. 9, 1965 'f=lf HfR 1T DEPARTMENT OF PUBLIC WORK r ~ GQUNTY OF HAWAII HILO;~FiA~I/Al l DATE: December 1, 2005 l~eo~lona~tdu~C ; TO: Christopher J. Yuen, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-022) Applicant: Christopher Raymond Request: A-20a to FA-3a Tax Map Key: 4-7-07: 048 We have reviewed the subject application forwarded by your memo dated November 3, 2005 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works (DPW). The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). For areas intended for agricultural use, the applicant should consult with the Natural Resources Conservation Service, formally known as the Soil Conservation Service. According to our records, Vierra Road is maintained by the County of Hawaii up to proposed Lot 8 (approximately) as shown on the application's Rezoning Exhibit and has aright-of-way width of 40 feet. The applicant should provide a future road widening setback of five feet along the entire frontage of Vierra Road and pavementwidening to aminimum width of 20 feet along with any required utility relocation and drainage improvements meeting the approval of the DPW. Old Mamalahoa Highway is a County right-of-way of 60-ft width. Access to Vierra Road and Old Mamalahoa Highway shall conform to Chapter 22, County Streets, of the Hawaii County Code and will require a permit from the Department of Public Works. Streetlights and traffic control devices shall be installed as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EXHIB~T ~v~q~~ County of Hawaii is an Equal Opportunity Provider and Employer ~/:~I// it MII[/ O'•~` fe,~~i I1 11 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII Nf~a~MIN~~~?, 345 KE KU ANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 FAX (808) 961-8857 December 6, 2005 DEC 0 9 2NS RECEIVED TO: Mr. Christopher J. Yuen, Planning Director ~ Mbl/ Planning Department ~Tf. FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-022) REQUEST: A-20A TO FA-3A APPLICANT -CHRISTOPHER RAYMOND TAX MAP KEY 4-7-007:048 We have reviewed the subject application for the proposed Change of Zone and have the following comments and conditions. The subject pazcel currently has a service lateral fora 1-inch meter from the Department. With waterline improvements along Old Mamalahoa Highway and Viera Road, water can be made available for the proposed subdivision. Therefore, pursuant to the Department's "Rules and Regulations," a water commitment may be issued. Based on the 10 additional lots, the required water commitment deposit is $1,500.00. Remittance of $1,500.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change, depending on the water situation. For the applicant's information, should the subject change of zone be approved, the following aze the Department's requirements: 1. Construct necessazy water system improvements, which shall include, but not be limited to: a. Installing a 6-inch waterline along Old Mamalahoa Highway approximately 2,000 feet, and a 6-inch waterline along Viera Road approximately 2,400 feet from the existing 8-inch waterline at the apex of the property, and b. Installation of service laterals that will accommodate an appropriately sized meter to each lot in the development. ~ A/ / E X H ~ B ~ T VVa~er brivcc~5 rroc~re66... ~ C The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Builtling, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 December 6, 2005 Submit installation plans prepazed by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge, which is subject to change, of $55,000.00 and is calculated below. This is due and payable upon completion of the construction of the water system improvements and prior to water service being granted. FACILITIES CHARGE One existing service already paid $ 0.00 Ten additional services na, $5,500.00 each +55,000.00 TOTAL (SUBJECT TO CHANGE) $55,000.00 3. Submit the appropriate documents, properly prepazed and executed, to convey the water system improvements and necessary easements to the Water Boazd of the County of Hawaii. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents, should it be necessary. Prior to water service being granted, the Water Boazd shall accept the conveyance documents. 4. Comply with al] other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance maybe cause for voiding this water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, ilton D. Pavao, P.E. Manager SHK:sco copy - Mr. Christopher Raymond Mr. Robert Raymond ~1V O~ yqY ~~CI.' li Harry Kim Darryl J. Oliveira Mayror Fire Chief r Desmond K. Wery Deputy Fire Chief ~Couutp of ~a~uai`i ' FIRE DEPARTMENT 25 Aupunf Street • Sulte 103 • Hilo, Hawal`I 96720 (808)961.8297 • Fax (808)961-8296 November 23, 2005 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-022) APPLICANT: CHRISTOPHER RAYMOND REQUEST: A-20ato FA-3a TAX MAP KEY: 4-7-7:48 In regards to the above-mentioned change of zone application, the following shall be in accordance: Fire appazatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec 10.207. (a) General Fire appazatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire appazatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire depaztment vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings aze colr>pletely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. " 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similaz conditions, the chief may require additional fire protection as specified in Section 10.301 (b). /.Y~Q ~p\I CpG~ A i~~< EXH BIT Hawaii County is an Equn! Opportunity Provider and Employer. Christopher J. Yuen November 23, 2005 Page 2 " 3. When there are not more than two Group R, I}ivision 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is detemvned by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire appazatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical cleazance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs aze installed and maintained indicating the established vertical cleazance. "(e) Permissible Modifications. Vertical cleazances or widths required by this section may be increased when, in the opinion of the chief, vertical cleazances or widths aze not adequate to provide fire appazatus access. Surface. Fire appazatus access roads shall be designed and maintained to support the imposed loads of fire appazatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the taming around of fire appazatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire appazatus access road shall not exceed the rnaxirrttrm approved by the chief." (15%) Christopher J. Yuen November 23, 2005 Page 3 "(k) Obstruction. The required width of any fire appazatus access road shall not be obstructed in any manner, including pazking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire appazatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with 1JFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon whrich buildings or portions of buildings aze hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. ARR OLIVElItA Fire Chief JCP:Ipc 8089330400 SOH ENV HEALTH 074353 p.m 11-21-2005 6/9 i . ^'~Or Mr ~,Irr LINDA TINGLE CN11roNE LEINAALA FVKINO, N.D. GDVERROR ~ s pIRECTOq OF ME~LTN ~'0o.~.s".o STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 976 HILO, NAWA1186721-091fi Nov 2121 MEMORANDUM QW~C~'~~ DATE: November 21, 2005 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Donn A. Hashimoto Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ OS-022) Applicant: Christopher Raymond Request: A-20a to FA-3a Tax Map Key: 4-7-7:48 The submittals for the subject development have been transmitted to our Environmental Management programs for their coordinated review and comments. Upon receipt of their reply, their comments will be forwarded to your office. The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a "public water system." A "public water system" means a system which provides water for human consumption through pipe or other constructed conveyance if such system has fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. All public water systems are regulated by the Department of Health and shall be incompliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and rnicrobiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on Novemer 8, 2005. The CWB has reviewed the limited information contained in the subject document and offers the following comments: ®07847 EXHIBIT F 8089330400 SOH ENV HEALTH 0744 17 p m 11-21-2005 7 /9 Christopher J. Yuen Page 2 November2l, 2005 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 40l Water Quality Certification (WQC) is required for "[ajny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "dischazge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOn for general permit coverage authori2ed under the National Pollutant Dischazge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our ollice or downloaded from our website at htto://www.ltawaii. gov/health/environmental/water/clcanwater/forms/indiv- index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: httn'//www. hawai i. i*ov/health/envi ronmental/water/c leanwater/forms/genl- index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.2b(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix BJ ii. Conshvction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land azea. The total land area includes a contiguous azea where multiple separate and distinct construction activities may betaking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix CJ 8089330400 SOH ENV HEALTH 0244:44 p m 1 7-21-2005 8l9 Christopher J. Yuen Page 3 November 21, 2005 iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 1 ]-55, Appendix DJ iv. Dischazges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter I 1-55, Appendix E] v. Discharges ofhydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Dischazges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Dischazges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Dischazges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES pemrit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. 8089330400 SOH ENV HEALTH 0245OSpm 71-27-2005 g/9 Christopher J. Yuen Page 4 November 21, 2005 Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except incompliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. woxn:aEZOS-oi2.~y October 26, 2005 ' ' Mr. Chris Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Rezoning TMK 4-'7-7:48 From A20 to A3 (FA-3a) Dear Mr. Yuen: We are responding to the letter from our neighbor, the Raymond Family, who own the parcel adjacent to ours regarding their 34.559 acres (TMK 4-7-7:48). Our parcel is immediately east of the Raymond parcel, TMK 4- 7-7:57 (47-5155 Mamalahoa Highway) Mr. Duane L. Cobeen and Mrs. Gretchen W. Cobeen in trust. We, in fact, bought our 23.038 acre parcel from the Raymond family in 1990 because of the open pasture atmosphere of the area and are looking forward to moving there full time when we retire next year. At the time of our purchase the Raymond parcel was also open pasture although it now is planted with trees. This area is the beginning of open horse and cattle pasture. We do not feel that it is appropriate to rezone the parcel to 3 acre lots which, in effect, beomes a housing development. We hope that you will consider our request that this area be maintained as A20 and keep the country "country Very truly yours, Duane L. Cobeen Gr_s~W. Cobeen 1768 Halekoa Drive Honolulu, Hawaii 96821 ©~+v~r+~ EXHIBIT RRaymondREZ05-022jwd-0 L25-06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CHRISTOPHER RAYMOND CHANGE OF ZONE APPLICATION (REZ OS-022) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation be forwarded to the Hawaii 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 based upon additional information presented at the public hearing. This favorable recommendatiop is based on the following findings: The applicant has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for approximately 34.5 acres of land. The applicant intends to subdivide the 34.5-acre area into eleven lots, consisting of 3+ acres each. 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. [t is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Change of Zone request from Agricultural (A-20a) to Family Agricultural (FA-Sa) will conform to the goals, policies and standards of the General Plan Land Use element. Land use is one of the principal focal points of public concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall -1- Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed request conforms to the goals, policies and standards of the Land Use Element of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • 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. 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 property is designated as Extensive Agriculture, which is identified as lands that are 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 maybe included in the Extensive Agriculture category. The request conforms to the General Plan designation for this area in that it creates new lots that will allow farm dwellings, while maintaining smaller-scale agricultural uses for the new zoning. 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 acreage, usually these crops have a -2- 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. 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. In this case, the property is not classified as "Important Agricultural Lands" in the LUPAG map, hence there is a lesser degree of concern over its rezoning to smaller lot sizes. The fact that this is not classified as "Important Agricultural Lands" combined with the fact that the property is immediately adjacent to smaller lots, and that it has not historically been used for intensive agricultural development, tips the balance in favor of rezoning. The Housing Code, Chapter 11 of the Hawaii County Code, has been recently amended, which now applies to new rezonings that may create additional residential uses to FA districts, where lot sizes are less than five acres. Therefore, a condition of this favorable recommendation will require the applicant to comply with the Affordable Housing Policy of the Hawaii County Code by satisfying the affordable housing requirements as listed under Section 11-5 of Chapter 11 (Housing Code). The affordable housing requirement will mean that if the applicant does not build houses on the property, he wilt have to earn affordable housing credits equal to 20°!° of the lots sold. To do this, he would have to sell four lots to qualified purchasers at prices affordable to families earning no more than 100% of the median income (about $95,000 per lot) or two lots to qualified families purchasers affordable to families earning 80% of the median, or about $53,000. As an alternative, the applicant can pay an "in-lieu" fee. The "in-lieu" fee is 25% of the difference between the affordable sale price and the actual -3- sale price, per lot sold. So, for example, if a lot sold for $295, 000, and the affordable lot price was $95,000 at the time, the in-lieu fee would be 25% of the difference between $295,000 and $95,000, or $50,000 per lot. The applicant can also develop affordable housing within a 15-mile radius of the subject property. The applicant intends to retain eight lots for the Raymond family members and sell the remaining three lots to help cover costs for the change of zone and subdivision. The project site can be supplied with water and road access with some extensive infrastructure costs, including waterline improvements and pavement widening, which would ultimately have to be born by the purchaser of the lots offered for sale. It is a small rezoning that does not greatly change the overall land use pattern of the area and given the soil characteristics of the property, the potential for more intensive agricultural uses does exist. The property was previously utilized as pasture, but is currently used for farming and tree planting. Soils within the project site are identified as Maile silt loam, 6-20 percent slopes (MLD). The permeability is moderately rapid, runoff is slow, and the erosion hazard is none to slight. The soil is used mostly for truck crops and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or "Fair" for agricultural productivity. The property is designated as "Other Important Agricultural Land" under the ALISH System. All utilities and services are available to the project site. Accesses to the property are from the Old Mamalahoa Road on the north side of the property and from Vierra Road on the southwest side of the property. Old Mamalahoa Highway is a County maintained road with a 20-foot pavement within a 60-foot right-of--way. Viena Road is County maintained for most of the property length with a 10-foot pavement within a 40- foot right-of--way. A condition of approval will be added to require the applicant to provide a future road widening setback of five (5) feet along the entire frontage of Vierra Road and pavement widening to a minimum width of 20 feet along with any required utility relocation and drainage improvements meeting with the approval of the Department of Public Works. -4- County water can be made available to the subject property with waterline improvements along Old Mamalahoa Highway and Vierra Road. As a condition of approval, the applicant will be required to comply with the requirements of the Department of Water Supply. Wastewater will be disposed of by a cesspool system or septic tank, meeting with the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problems for the project site that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the project area is within Zone X, area determined to be outside the 500-year flood plain. The project area is also located outside of any tsunami inundation area. Should this request be approved, the applicant and/or new owners could apply for a second farm dwelling 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 residentiaUagricultura( ambience of the area. The approximately three-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. The subject request is not contrary to Chapter 2115A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately 5 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. As the site has been previously cleared and used for cattle grazing by Parker Ranch, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. -5- In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka ilina"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 fonnal archaeological reconnaissance survey or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: As the site has been cleared and used for pasture, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. • Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. • Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, andlor natural resources Found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Based on the above Findings, approval of the Change of Zone request from Agricultural (A-20a) to Family Agricultural (FA-3a) 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 25-8-15 (Hamakua District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- ~~U10T7°°~ ~F I~14~AI`~ S'T~~ I°~ C~~ I~iJAI` BILL NO. CJRUIIrlAf~lC~:1'~1~. AN ORDINANCE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT WAIKOEKOE, HAMAKUA, HAWAII, COVERED BY TAX MAP KEY 4-7-007:048. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-15, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waikoekoe, Hamakua, Hawaii, shall be Family Agricultural (FA-3a): Beginning at the Northwesterly corner of this parcel of land, being a point on the Southerly side of Old Belt Road (Old Mamalahoa Highway) and on the Northeasterly side of Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA (EAST BASE)" being 7,387.76 feet North and 11,93325 feet East and running by azimuths measured clockwise from True South: Thence, for the next seven (7) courses following along the Southerly side of Old Belt Road (Old Mamalahoa Highway): 1. 267° 21' 300.78 feet to a point; Thence, following on a curve to the left with a radius of 1,805.00 feet, the chord azimuth and distance being: 2. 265° 24' i22.84 feet to a point; 3. 263° 27' 158.31 feet to a point; -1- Thence, following on a curve to the lefr with a radius of 6,690.00 feet, Che chord azimuth and distance being: 4. 262° 55' 45" 121.63 feet to a point; 5. 262° 24' 30" 111.74 feet to a point; Thence, following on a curve to the left with a radius of 3,255.00 feet, the chord azimuth and distance being: 6. 260° 59' 161.89 feet to a point; 7. 259° 33' 30" 1,042.12 feet to a point; 8. 350° 14' 30" 1,546.36 feet along Lot 1-A and along the remainder of Land Commission Award 8559-B, Apana 2 to William C. Lunalilo (Certificate of Boundaries No. 33) to a point; 9. 118° 44' 2,575.65 feet along the Northerly side of Homestead Road to the point of beginning and containing an area of 34.559 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), 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. SEE ATTACHED CONDITIONS -2- 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 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-40a ~ _ _ _ ~ A-40a r\ ~ A-40a \ E v ~ ~ ~ S ~ A-40a ~ \ a - _ _ _ _ ~ - GftICl1LTURAL (A•~,Oa) r0 ,T~ FA YAGRICULTURAA~A- oa 34.559 ACRES ~ uf, ~ a \ A-40a 7,387.76 H A~40a 19,933.25E ~ ° ` °WAIMEA EAST BASE° ~~r ' ~ r ~ r~ " ~ - _ _ 1 A-40a A-Sa A-40a A-Sa _ A 40a ~ - m - ~ 0~ ~ 7d - I ~ i a\ro -eY - A-40a / - - I I I 11 - ~ _ ~ ~ ~ ~ ~ - ~ .1a _ "7r a~ A-40a ~ _ ~ A-40a ~ A-40a A-40a 1,400 700 0 1 400 2 800 4 200 5 600 7 000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT WAIKOEKOE, HAMAKUA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK. 4-7-007:048 Date: October 27, 200 EXHIBIT °A° (Christopher Raymond:1180) CRaymond REZOS-022.jwd-01-25-06 CHRISTOPHER RAYMOND CHANGE OF ZONE APPLICATION (REZ OS-022) 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 required water commitment payment shall be submitted to the Department of Water Supply in accardance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this ordinance. C. The applicant shall comply with the construction improvements and installation requirements, meeting with the approval of the Department of Water Supply, prior to Final Subdivision Approval. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. 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 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 Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. F. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. G. The applicant shall provide a 5-foot wide future road widening setback along the entire property frontage of Vien-a Road. H. The applicant shall widen the pavement width of Vierra Road to a minimum of 20 feet along the entire property frontage meeting with the approval of the Deparhnent of Public Works. The applicant shall also comply with any required utility relocation meeting with the approval of the Department of Public Works. I. All driveway connections to Old Mamalahoa Highway and Vierra Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. J. A drainage study shall be prepazed by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. N. 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 cleazance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. O. The applicant shall inform lot purchasers of any restrictions on the use of the property that may result from its location within the state land use agricultural district, including any applicable laws regarding dwellings on the property. P. Comply with all applicable County, State and Federal Laws, rules, regulations and requirements. Q. An annual progress report shall be submitted to the Planning Director prior to the -2-