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HomeMy WebLinkAboutCOM 0764.000 2004-2006 ~~Y os NSW Harry Kim Dixie Kaetso Mayor Managing Director - - Barbara Kossow of A Depuo Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961$2! 1 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226. Fax (808) 3263663 March 13, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ 05-027) Applicant: Dennis D. Smith Request: A-20a to FA-3a Tax Map Key: 7-3-24:8 Change of Zone Application (REZ 05-000029) V(pplicant: Bruce Eby Request: A-20a to A-l0a Tax Map Key: 5-5-3:10 State Land Use Boundary Amendment Application (SLU 05-000007) Request: Agricultural to Urban Change of Zone Application (REZ 05-000028) Request: A-20a to RS-7.5 Applicant: Hawaii Island Community Development Corporation Tax Map Key: 5-5-8:portion 46 Change of Zone Application (REZ 05-000026) Applicant: SCD Kona 108, LLC Request: A-5a to RA-la and RM-3.5 Tax Mau Key: 7-5-3:7, 8, 9 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, VV„J Harry Kim Comm. No• - - - Y Mayor Ref. To: _ IPG Ref MiiR 2 0 2006 Enclosures cc: Planning Department ~10J 2etn Ilawuil County is an Fruit Opponundy Provider and Fmplover -rru;1t+w~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Pax (808) 961-8742 March 13, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 05-000029) Applicant: Bruce Eby Request: A-20a to A-10a Tax Man Key: 5-5-3:10 The Planning Commission, after a duly held public hearing on February 24, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district for approximately 21.352 acres of land. The property is located between Akoni-Pule Highway (Highway 270) and Maliu Road, approximately 1,150 feet west of the Maliu Road-Akoni Pule Highway intersection, Kealahewa 1st, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a) to subdivide the property into two lots that will be 10+ acres in size. The owners, Bruce Eby and the Cornelius family, reside on the property within two existing dwellings. Each owner will retain one lot. Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through 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 proposed change of zone from an Agricultural (A-20a) to an Agricultural (A- l0a) zoned district will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as Kohala silty clay, 0 to 3 percent slopes (KhA). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "B" or "Good." for agricultural productivity. The ALISH System classifies soils within the subject property as Other Important Agricultural Lands and Prime Agricultural Lands. Since the applicant will continue to use the land intensive for agriculture, the request will be consistent with the General Plan. The request also conforms to the North Kohala Community Development Plan Land Use Concept Map, which designates this area for small scale agricultural uses. The two owners, Eby and Cornelius, reside on the property and would each own one lot. The landowners intend to develop a propagation nursery/ greenhouse for export of high-end ornamentals, develop an "in ground" propagation site for coco palms, and continue the fruit orchard and awa farming. The owners are actively involved in agricultural activities and, if approved, intend to further expand agricultural uses on the proposed subdivided properties. The proposed change of zone will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements: Stacy Higa, Chairman and Members of the County Council Page 3 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. • 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. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. Agricultural • Identify, protect and maintain important agriculture lands on the island of Hawaii. • Preserve the agricultural character of the island. Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. All utilities and services are available to the property. Access to the property will be from Maliu Road, which is an I 1-foot paved County road within an approximate 40- foot right-of-way. Any access from Akoni-Pule Highway will be required to meet with the approval of the State Department of Transportation. County water is available for the proposed request. There are two existing dwellings that are connected to separate existing cesspools. All other essential utilities or services are available to the property. Stacy Higa, Chairman and Members of the County Council Page 4 There is no severe geological or topographical problems for the property 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 property is within Zone X, area determined to be outside the 500-year flood plain. The property is also located outside of any tsunami inundation area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 2 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa 'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terns of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey 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 previously utilized for sugar cane cultivation and used for farming and 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. Stacy Higa, Chairman and Members of the County Council Page 5 Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or 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, the above request to reclassify the subject property would result in an appropriate land use pattern. For your favorable consideration, an amendment to Section 25-8-8 (Upolu Point-Kaauhuhu Homesteads Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, C. ~T a, Chairman Planning Commission Leby02PC Enclosures cc: Mr. Bruce Eby Mr. Cole Cornelius Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BEby-REZ05-029.jwd 01-26-06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BRUCE EBY CHANGE OF ZONE APPLICATION (REZ 05-000029) BRUCE EBY has submitted an application for a Change of Zone for 21.352 acres from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district. The property is located between Akoni-Pule Highway (Highway 270) and Maliu Road, approximately 1,150 feet west of the Maliu Road-Akoni-Pule Highway intersection, Kealahewa 1 s`, North Kohala, Hawaii, TMK:5-5-3:10. APPLICANT'S REQUEST 1. Request: The applicant originally requested a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-5a) to subdivide the property into four lots. The applicant has recently amended his request for a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-10a) to subdivide the property into two lots that will be 10+ acres each. The reason for the amended request is because the Department of Water Supply is able to provide water for only 2 lots. The two owners, Eby and Cornelius, would each receive one lot to allow for separate ownership. At this time, Bruce Eby occupies a 2-story barn/dwelling and the Cornelius family resides within a 1-story additional farm dwelling. If approved, the landowners intend to develop a propagation nursery/ greenhouse for export of high-end ornamentals, develop an "in ground" propagation site for coco palms, and continue the fruit orchard and awa farming. (Planning Department Exhibit 1 - Change of Zone Application with Amended Request Letter) 2. Landowners: Bruce Eby and Cornelius, 1996 Intervivos Trust. STATE AND COUNTY PLANS 3. State Land Use Classification: Agricultural. 4. County Zoning: Agricultural (A-20a). 5. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important Agricultural Land. 1 ATTACH: Came. 764 Bill 248 6. North Kohala Community Development Plan: Adopted on November 3, 1986 by Hawaii County Council Resolution No. 29186, the Plan designates the area for small scale agricultural uses. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 8. Special Management Area (SMA): The property is not located within the County SMA boundary. The property is located approximately 2 miles from the nearest shoreline. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 9. Property: The property borders the Akoni-Pule Highway and Malin Road. It is rectangular in shape. There are two (2) existing dwellings on the property. Portions of the property are being utilized as a tropical fruit orchard, the farming of awa plants and for cattle and horse grazing. 10. Building Permits: According to Building Permit Records, the following building permits were issued for the property: • Building Permit No. 000022: Issued to Bruce Eby on January 4, 2001 for a 2- story dwelling with living area located on 2nd floor. • Building Permit No. 001125: Issued to Cole Cornelius on August 15, 2000 to move a teacher's cottage for TMK:5-4-7:8. A separate permit was required to set and occupy the structure. Building Permit No. 010087: Issued to Cole Cornelius on January 19, 2001 to set the teacher's cottage and conduct several renovations to be utilized as a dwelling. 11. Additional Farm Dwelling Agreement: According to the Planning Department's records, an Additional Farm Dwelling Agreement was approved for Colin J. Cornelius on August 30, 2000 to allow an additional farm dwelling to be constructed on the property. -2- 12. Surrounding Land Uses/Zoning: Lands to the north, south and west are larger agricultural lands zoned A-20a and consist mainly of agricultural uses with scattered dwellings. To the east is a property zoned A-20a and further east are properties zoned RS-15 and CV-10 located in Hawi town. 13. Flood Insurance Rate Map (FIRM): Zone X, area determined to be outside the 500- year flood plain. The property is also located outside of any tsunami inundation area. 14. U.S.D.A. Soil Survey Report: Kohala silty clay, 0 to 3 percent slopes (KhA). Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. 15. Land Study Bureau: "B" or "Good." 16. ALISH Map System: Other Agricultural Land and Prime Agricultural Land. 17. Flora/Fauna Resources: Although no flora and/or fauna study was done, the property was previously utilized for sugar cane cultivation and ranching. According to the applicant, there is no presence of rare or endangered plant life and no rare or endangered animal or bird life has been observed on the property. 18. Cultural/Archaeological/Historical Resources: The proposed request is not expected to have any adverse effect on cultural, historical or archaeological resources as the property was previously utilized for sugar cane cultivation. The Department of Land and Natural Resources-State Historic Preservation Division has issued a "no-effect" letter stating that they believe that there are no historic properties present because intensive cultivation has altered the land. Thus, DLNR-SHPD believes that "no historic properties will be affected" by this undertaking. 19. Notification: On January 18, 2006 a sign was posted on the property in accordance with Chapter 25, Article 2, Division 1, Section 25-2-12, Hawaii County Code 1983 (2005 Edition). PUBLIC FACILITIES AND UTILITIES 20. Access: The property borders Akoni-Pule Highway and Maliu Road. Access to the property has been from Maliu Road, which is a County owned and maintained roadway with an 10-foot pavement within a 40-foot right-of-way up to the applicant's property line. There is a 40-foot wide private access easement owned by Surety Kohala Corporation that allows access from the County roadway to the applicant's property. -3- Akoni-Pule Highway is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of-way. Comments received from the Department of Public Works recommend that the applicant improve the portion of Parcel 40 from the end of the County Road (Maliu Road) through the location where any subdivision lot access occurs to agricultural standards (within the existing right-of-way). This will effectively provide for a T turnaround or pull-out at the end of the County improved road. Any vehicular security gate shall be located beyond the turnaround, meeting with the DPW. In addition, a 5-foot wide future road widening easement shall be provided along the entire subject property frontage of parcel 40, to be dedicated to the County upon request. 21. Water: According to the Department of Water Supply, there are two (2) units of water available to the property. 22. Wastewater: No municipal sewer line extends to the area. The existing residences are connected to separate existing cesspools. 23. Other Essential Utilities and Services: Electricity and telephone are available to the site. Police and fire facilities are located in Kapaau, which is approximately 3 miles from the subject property. AGENCIES' COMMENTS 24. Fire Department (January 17, 2006 Memo): "In that the catchment system will also be used for fire protection, it is recommended that the fire department connection to the tank be located in an area accessible by fire apparatus." 25. Police Department (January 6, 2006 Memo): "Staff has reviewed the above-referenced the above-referenced application and has no comments or objections to offer at this time." 26. Department of Public Works: (Planning Department Exhibit 2 - January 24, 2006 Memo) AGENCIES-NO RESPONSE 27. Department of Water Supply, Department of Land and Natural Resources - Land Division and Historic Preservation Division, Department of Health, Department of Transportation and Natural Resources Conservation Service -4- PUBLIC COMMENTS 28. The Planning Department has received the following letter regarding the above-listed application: • Letter from John R. Yap received previously on January 12, 2004 prior to the application being filed. (Planning Department Exhibit 3 - Letter dated January 12, 2004) -5- To County of Hawaii Planning Department: Amendment Request by Eby/Cornelius from A-20a to A-10a. This letter is to inform you that the rezoning application submitted by Eby/Cornelius T.M.K. 5-5-003:10 on 8/12/05 requesting that their A-20a parcel be rezoned to Ag.5a is being amended as follows: Eby/Cornelius seek rezoning of their property from A-20a to A-10a. The intent is to pursue separate agricultural development as stated in the original request, but this amendment addresses the water issues. At this time there are two meters to the property, so water is currently available for the requested two A-10a parcels. Thank you for your c777-~ hthis request-, Yours Truly, kby/Cornelius 808-8845620 EXHIBIT~ CHANGE OF ZONE APPLICATION DEC 08 40 COUNTY OF HAWAII RECEIV:~t, PLANNING DEPARTMENT C OWN 14w-Z (Type or legibly print the requested information) paoi APPLICANT: Bruce Eby APPLICANT'S SIGNATURE: DATE: ADDRESS: P.O. Box 190590 Hawi, HI 96719 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:- PHONE:(Bus.) (808) 884-5620(Res.) (Fax) LANDOWNER(S): Bruce Eby ane- N mel 's LANDOWNER SIGNATURE( DATE: (May be y etter) LANDOWNER(S) ADDRESS:P.O. Box 1 90, Hawi, HI 96719 (B.Eby) / P.O. Box 672, Kapaau, HI 96755 (C.Comelius) 10 REQUEST: A.G. 20, TO A.G.X ' (ExisunggPning) (Proposed Zoning) TAX MAP KEY: 5-5-04--10 STREET ADDRESS OF PROPERTY:'' `(c . 1-1 i SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21 ACRES AGENT: 4 ppl1 Cd t1 i ADDRESS: TELEPHONE:(Bus.) ~SZ/ S G D (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: EBY / CORNELUIS COPIES: ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1, If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? YES If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 21+ Acres b. Into what lot sizes? loiS'f`Acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivi0on plans Immediate) to the Planning Department for preliminary approval? Immediately . d. Do you intend to build houses on the newly created lots? NO If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? NO b. Sell or lease the land to someone who has tentative plans? NO c• Sell or lease the land to someone who has no plans? NO d. Keep it? YES e. My daughter is a licensed landscaper in California; she would be able to develop nursery propagation for mainland supply on subject parcels. P. D. 2 5/84 f' If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? YES How? z Would create tffarm lots in place of one 4. Are there any buildings on the subject area? YES If so, what kind? Single family dwelling and barn with upstairs efficiency unit. What do you intend to do with those buildings if your request is approved? Both building are at separate locations on the property and would each occupy their own subdivided parcel 5. 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. 14+ Ac. grazing (cows & horses), 4+ Ac. of orchard (trop. fruit & avocados),2+Ac.of Hwn Botanicals&Awa 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? I-Iigh_end ornamental landscape What kinds of commodity? plants and foliage... additional orchard b. Suitability of the proposed lot-size for that commodity? YES Sufficient farm size to allow reasonable chance of success in commercial agriculture? YES By identifyinf "mainland in demand" plants and high return orchard corps (e.g. longon, rambutan) V+ Acre parcels are sufficient. -2- d, Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. B• Do you think that the roads leading to the subject area needs improvements? NO If so, what kind? Is the road adequate for the proposed traffic volume or load? YES 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x Sewer x d. Drainage x -3- Yes No e. Police Protection x f. Fire Protection x 9. Recreational Facilities x X h. Public Utilities X I. Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: yS G 2d Telephone: Date: -4- !D REZONING REQUEST - AG-20 TO AGe Bruce Eby/ Cole and Nan Cornelius TMK 5-5-003:10 GENERAL BACKGROUND The applicants Eby/Cornelius are requesting to have the subject property re-zoned from Ag2O to Agf.y hey have owned the property since 1999 and have resided there for the last two and a half years. The intent of this rezoning request is to subdivide 1 and create €eU°parcels. Two would be occupied by Eby and Cornelius; 4he-etker-1`we It is decidedly not the intent of the owners to sell any of the parcels on the open market. At this time the Cornelius family occupies one residence on the property while Eby occupies a second building- a large barn with an upstairs apartment. Both structures are on separate parcels that would reflect in the eventual subdivision. PROJECT LOCATION This property TMK 5-5-003:10 in the district of North Kohala is located approximately one and a half miles west of Hawi town on the mountain side of Akoni Pule Highway and one half mile east of the Upolu Pt. Air Port turn-off. A 550 foot portion of the property fronts Akoni Pule Highway. Access to the property is at the end of Maliu Rd., approximately 'A mile from the Highway. There is a 40'+ driveway off Maliu Rd onto the property and additionally 40'+ drive access to the respective parcels. Adjacent to the property Highway frontage to the west are 8 RS-15 house lots with existing homes within 500'. Immediately to the north across the Highway is-Ag land adjacent to two RS 15 lots and homes. Turning off the Highway onto Maliu Rd. heading mauka toward the subject property driveway are five RS15 homes. To the south edge of the property is pastureland. To the west is a 37 acre parcel with grazing and a new home under construction. Along the immediate eastern edge is a 15 acre parcel with grazing. To the north across the Highway is pasture and the Hawi Energy and Agriculture Company. There are a total of 12 RS lots with homes within 500' of the subject property. PROJECT DESCRIPTION Over the last several years Eby has planted a tropical fiuit orchard and 300 - hundred awa plants in a 4 acre portion along the southern edge of the subject property. Cornelius is grazing horses and cattle alon the north facing portion of subject. It is the intent of this application to create Ag.F parcels out of the 20+acres of subject property. This would enable family members to develop a production nursery for high-end value landscape plants for export. Kohala Ditch water is currently irrigating the orchard and awa. Eby and Cornelius also have their own county water service (2 meters) at this time. Since the intent of this proposed subdivision is toward Ag development, there is 1 adequate water at the current supply level. Existing structures on the property consist of a house and garage in the north portion where Cornelius lives and a barn with an upstairs apartment at the south portion of the property where Eby lives. Should this application be approved it is the intent of Eby to develop a propagation nursery/greenhouse for export of high end ornamentals, in partnership with his daughter who is a certified landscaper. This project would occur on Parcel 2 (see sub- division proposal map). Parcel 1 would remain in orchard and `awa production. Parcel 4 would be developed as an "in ground "propagation site for coco palms. INSTITUTIONAL CONSIDERATIONS State Land Use. The present designation of the subject property is Agriculture. The immediately surrounding area is. also within the Agriculture district. There are also 12 RS15 house lots with homes adjacent to and within 500' of the subject property. This proposal to rezone an Ag. 20 piece to-4-Ag. lots would be consistent with the State Land Use Agricultural designation. General Plan. The General Plan Land Use Pattern Allocation Guide map designates this area for Intensive Agriculture e.g. orchard, diversified agricultural and floricultural operations. Our request for Ag.4a zoning with orchard and nursery development is consistent with the General Plan. North Kohala Community Development Plan (CDP). This draft designates this area for small scale agricultural lots. Our proposed Aga lots fall within this perimeter. Northwest Hawaii Open Space and CDP. The draft of this plan refers to the designated Orchard/Ornamental potential of land use in this area. These usages are specific to our intent with Ag5a zoning. Zoning Code. Subject p roeperty is Agriculture 20-acre. All structures and usages contemplated for the proposed Ag.B'a are consistent with the overall Ag.20-a designation. County Special Management Area. This property is not located within the SMA district. ENVIROMENTAL CONSIDERATIONS Property Characteristics. This pasture land gently slopes upward mauka of Akoni Pule highway, with an approximate elevation of 500' to 800' feet. It receives 50-60 inches of annual rainfall. The soil is Kohala Soil Series of Class BI 14 and BI 15, classified by The Land Study Bureau, and described as deep, well-drained, moderately fine in texture.. It is comparatively stone-free and was in sugar cane production for many years and more recently in cattle grazing. It is regarded as prime agriculture land. Aside from the 4+ acres developed into orchard and nursery by Eby, the rest of the subject property is currently cattle grazing pasture land. Flora and Fauna. After decades of sugar cultivation and subsequent ranching, there is no presence of rare or endangered plant life on the property. Similarly no rare or endangered animal or bird life has been observed on the property. Drainage. There is no history of flooding or drainage problems associated with this property, which is located in the context of Zone X- area of minimal flood hazard according to the U. S. Corps of Engineers Flood Insurance Rate Map. Surrounding Land Uses. Three Ag.20a properties bordering the subject site are in pasture/grazing use. More than a dozen single family residential houselots RS 15 zoned are within 500' of the subject property, situated along Akoni Pule Highway to the Northwest, and also along Old Maliu Road, to the East, which is the public access road to the subject property. Downtown Hawi is slightly less than half a mile to the East. Historic Resource. Submitted with this application is a letter from the DNLR State Historic Preservation Division determining that "No Historic Properties Affected". UTILITIES AND SERVICES Access. The Northwest property line fronts Akoni Pule highway for 550' . Access to the property is at the end of Old Maliu Road a county maintained roadway. The subject property has a 40' wide driveway off Old Malin Road. Water. There is a 6" County water line fronting Akoni Pule highway. There are currently two County meters in place, one for Eby and one for Cornelius. Agriculture water is supplied from the Kohala Ditch. Sewer. There are currently two approved cesspools in use on the property. This practice of engineered-approved cesspools is still in continued use. Electricity/ Telephone. Both services are presently in use at the subject property. Fire/Police. These services are available in the area of Hawi and Kapaau. e SUMMARY OF REQUEST North Kohala has long been identified as an agricultural area. The last several years has seen an enormous increase in real estate activity that mostly reflects a life style( desire for rural living without concomitant agricultural activity. Our request for rezoning this Ag20a parcel into fWAg Ya parcels offers an opportunity to micro develop agriculture activity in a profitable manner, I.e. development of high end green house propagations for landscape nurseries, and growth and production of exotic tropical fruit and botanicals for export. Both of these projections, nursery and orchard, have already been started on the subject property While cattle grazing has been an historical feature of Kohala agriculture, its viability as an economic activity is highly problematic. We modestly suggest that our view of smaller micro managed agricultural land use is more realistic for the future. And it certainly conforms to the agricultural land use as envisioned by the draft Kohala CDP, and the General Plan LUPAG map. In summation, the growth of small farm activity in North Kohala would be a proper bridge between local residential growth and the large estates on pasture land , in terms of rural ambience and real agricultural economy. <E OF N4 PETER T. YOUNG LINDA LINGLE e P 5 9~ CN~E ~ GOVERNOR OF B4WAll 1.UMMISSION q`I WAIFA RP-SIXIRCE M/.HAO6MFNT y ROBERT K.M UDA M UFP111Y p0.YloR.uNo DEAN NAKANO V, -d /y.ACILVOOEPVIY RdRIM WATPA yp n.. OANDOPRSgMCPS QUAM BoATPq ANDRJN RB@W'DDN BUR8Al10FCgWPYANCp COMM65pN pY WATFA Rp50UKE MANAGpMg1'P ° STATE OF HAWAII ONSRWRNA~%W µp µRB WKB~BµNKQ @R EW~ YMDWBDImE DEPARTMENT OF LAND AND NATURAL RESOURCES raR HnI rAEIBRVAT PAV6 rra AF I W"SVCC MISsm STATE HISTORIC PRESERVATION DIVISION u k& KAKUHIREWA BUILDING, ROOM 555 nAn POM KAPOLEI, HAWAII 96707 August 23, 2005 HAWAII HISTORIC PRESERVATION Log: 2005.1715 DIVISION REVIEW Doc: 0508MM23 Applicant/Agency: Bruce Eby Address: P.O. Box 190590, Hawi, Hawaii 96719 Project: Request for Determination of "No Historic Properties Affected" Location: Kealahewa l, North Kohala, Hawaii Tax Map Key: (3) 5-5-003:010 1. We believe there are no historic properties present: - x_a. intensive cultivation has altered the land* b, residential development/urbanization has altered the land c. previous grubbing/grading has altered the land d. an acceptable archaeological assessment or inventory survey found no historic properties e. other *Maps and aerial photographs indicate property was cultivated in .mgarcane 2. This project has already gone through the historic preservation review process. a. mitigation has been completed b. other: X- Thus, we believe that "no historic properties will be affected" by this undertaking. Signed to f A I-ac-5- MaryAnne . Maigret, Assistant Archaeologist State Historic Preservation Division ROJECT LOCATION i Io ii i - n i f _ °A l i= y FY ~ 00 F - i. ~ 4 0 J i W m dpi e 0 ° e S~ ~ ? I m i'J r MZFF Al ~ 1k115 ~ ' J ~ T ~ t e pp :tZ w 1 uo i WNd9n 00 2o YcW t / G 190 1Y7~ - I ~ PARCEL 10 OF TAX MAP KEY (3) 5-5-03 CONSISTING OF 21.352 ACRES a~ra,av3uc Iss" " I S/ LOCATION MAP O I u~ I Ln N w is r i ~ a .a .S } t m 8 8' >n W N LL a g ,8 Y u7 0 Q N f 8 ~ ~ 3 w a X O E S OU Q o oU ~P la 0 ~ m > T O (n m m O N a U) o 'S _ ~ Z u Q b O O R J LiJ O C) 'a J > d n>,iy^nr d p8i P5 .h.r ell 1 lyz b w b$ s ~ c N IL u fr ~ O ts~ Z i t H t8 I V ' 1 d ~ I w t w~, t 8 f N»~~ RR'nty. ~y 3 YS- ~I .Wrn la.siPws .m> IOCP~woS ~ iryy, Fg 4~ , ,cs'cn >.oc.ewws ~ .aw lacA~ t lab Peo ~g AtlM1YJIN 31Od INOMtl Gd #'V OF Nom. William Talcaba Harry Kim r7:•'~;; ' L Finance Director Mayor ii•; .rr er.~~~ County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX Aupuni Center • 101 Pauahi St., Ste 4 • Hilo, Hawaii 96720-4224 • Fax (808) 961-8415 Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax (808) 327-3538 Appraisers (808) 327-3542 • Clerical (808) 327-3540 www.hawaiiorooertvtax.com REAL PROPERTY TAX CLEARANCE (rev. 07/99) January 11, 2005 TMK(s): (3)5-5-003-010-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid up to and including June 30, 2005. This clearance was requested on behalf of Bruce W. Eby/Cornelius.1996 Intervivos Tr for the County Planning Department and is issued for this/these parcel(s) only. Ann Kekahuna - Clerk REAL PROPERTY TAX DIVISION Hawaii County is an Equal Opportunity Provider and Employer CA w CA WCTM (TCnCA CA w al 0wCA m CA Cn0ocn0 cnCnal mc Y, Cn V' O CnCn TTY'U cn Y,TTY' Cn Y' O,TY'Y, N TY,Y,TY i C i i i i N 0 0 0 0 0000 o 0000 O O 00000 0 0 0 0 0 V V V V (A W O (A 0 O O 01 O W W W W W W C4 W W W W W~ _ r N N N W W W W W W W N W 00W N N V O N N Cn A (1) N) 0 O CA A W NCO W NCO W~ OOOO 2a:>>-n nNNco <V) 22 -nmxA;aom -O ID D DDD c a-i x c DDCncn~0 XmmXmc DDOxx(ocn02DDA~ < x ,'ODD DO22DDppcz~ WW6>D22o O Zr*~>-D-IT T m~D m -i -Im mm--ZZ Z-im mm zz Do Z' ~mm~ xx_00>>OC >OOKK~0-IOKKmmy ~ T~ 00 G) m2zZwwzzL~ OO9~nin002~~ 00 OT -n z Opt x -n -nT r-DmmpO~ p- T. ~~mOO c>r=n1~ 0 70, 22m 0220 Zr900- ZOO pp~00~Ocn~000pp22222 DDr SODS ~~m-- zmo2 cn=i- ~m DD- mo n D vyin~D2~r-O~ OppCl)Cl) DDD*z mp ~DD~ Ui -i*r r m n*cn D m z r mm-UAr 0pcnm-D 2 p--p ;a m z >M 0m Dmmo rr2m-Z` Z O OD im mcnp m D i rr-M(1) m ODn KOm 2pOmmZD~~ Tcc*~ Q 3 v ;u ~Om p~v mDA3m`G~DfrTl KmDD cp 9 m~ 0m G7) Zz ZOO g 2 m 1 T• m o o D D `Ft O > r~ ~Z 0 O C N T -V _0 -0 -0 vv-0-u "0~ -u -0-V -Uu -0 -0 -u -U m rn O O o 0 0 000 ON w 0 00000 000p m W W Co Co COQ W W wwwwW W W~ W < W 07 0 0 0 0000° OW O 00000 000 O m 0 0 X X x xxXO Xcn x xXXxx XXx xy X X A w N A 2 N N~ W ON 'N O OD CA Cfl V A CDA ~o W 0)N"V Q W-NO Oa cn 0) m co (D co (n N r0 0) m co W "0 N 4 C.0 N N~ m CO -4 -4 z ~ G) 2 2 2 2 22 2 cn 2 222 2 D D D D DDDD Dp DDD D DDO O m 3 ~o~g ~z v vvzv:E g*z z z m g~ ~$o~- o 0 co 2 2 c 2 2_CS_2 cc c ccoc2 2:m cn r In - - - r r X co to D rn rn S co cD1cooi 2C 2 22- 20 cDCOC C 0 -4 m = o m m(0m" oX co CO(DDCOm -4 -4 290 O CD co (D 0) - N D V 0 co otJin co C V n CD CA C Cn n CC"CD C V)1o co CDO O. A Cn N W OD cn W O E cyl -0 Cn 0) 0) W W N OD OD V A O 0 Cn Cn Cn Cn Cn Cn Cn CM Cn Cn cn CA of Cn Cn Cn Cn CT Cn Cn Cn Cn CA cn Cn Cn Cn Cn CT Cn Cn Cn Cn Cn Cn Cn Cn cn Cn Cn Cn CA CA Cn Cn Cn CA Cn CT O O O O O O O O O O O O O O O O O o 0 0 O O O O O 0000 0 0 0 0000 0 Co 00000 Oo00or V V -4 -4 rn rn 0, rn'"Cnrn w w wwwww wwwww Lom 0 0000 0 0 0 0000 0 0 0(,~ 0000 00000 O O N NN W W A W N jO W COD 'DD O WcnN V W cn AWN0 O O O O O o O O O O o o O 0 0 0 0 0 O O o 0 0 O 0 0 O O 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O o 0 0 0 O O O O O O 0 0 0 0 0 17 0 To our neighbors.......... Please be informed that Bruce Eby and Cole and Nan Cornelius, joint owners of the 21+ acre property at Kealahewa, North Kohala, TMK 3-5-5-003-010, are making an application to the Hawaii County Planning Department for a rezoning of that property from Ag.20 to Ag. 5. The intent is to create four ag sites that would enable a family partnership in the expansion of a landscape-plants nursery propagation area and further growth of a tropical fruit orchard and botanical plants; both of these projects are already underway. This process requires that we inform all property owners within 500' of our property. Thank you. Yours truly, Eby/Comelius ~ - BU~~5y~-6Zo PARCEL 10 OF TAX MAP KEY: 5-5-03 BEING PORTION OF ROYAL PATENT 1665 LAND COMMISSION AWARD 8515-B TO KAOANAEHE Situated at Kealahehewa Set, North Kohala, Island of Hawaii, Hawaii Beginning at the Southeast corner of this parcel of land, situated on the Northwesterly side of Maliu Road, the coordinates of said point of beginning, referred to Government Survey Triangulation Station "Puu o Nale" being 12,709.84 feet North and 571.40 feet East and thence running by azimuths measured clockwise from True South: 1. 35°36' 807.59 feet along the Northwesterly side of Maliu Road; 2. 167°20' 888.02 feet along Lot 254 of Land Court Application 1120 (Map 40); 3. 166020' 917.00 feet along Lots 254 and 44 of Land Court Application 1120; 4. 161°35' 76.70 feet along Lot 44, Land Court Application 1120 (Map 10); 5. 271°40'30" 60.00 feet along the Southerly side of Hawi- Mahukona Road [F.A.P. 27-A (1)1; 6. 1°40'30" 5.00 feet along the same; 7. 271°40'30" 400.00 feet along the same; 8. 181°40'30" 5.00 feet along the same; 9. 271°40'30" 153.55 feet along the same; 10. 340°00'40" 341.88 feet along the Government Lands of Hualua; 11. 348007' 852.62 feet along the same, to the point of beginning,and containing an area of T K•V•Z21.352 Acres, more or less. LICENSED R.M. TOWILL Corporation PROFESSIODNAL Description Prepared by: LAN SURVEYOR No.5075 X91 ygll, V F' G~v<-c-a L:!~ oc Robert K. Y. Lee 73-5574 Maiau Street, #11B Licensed Professional Surveyor Kailua-Kona, Hawaii 96740 Certificate Number 5075 April 1, 1998 R.M. TOWILL CORPORATION CIVIL ENGINEERS . SURVEYORS , 73-5574 MAIAU STREET, #118 . KAILUA-KONA, HAWAII 96740 FROM :PUBLIC WORKS FAX NO. :808 3273533 Jan. 25 2006 07:29AM P1 2006 AN 25 PM ? 02 PLANv'NING L'r=PV,R TMENT COUNTY Or HAWAII DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: January 24, 2006 -61 ndum V'81J Memora TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief p Engineering Division SUBJECT : Change of Zone Application (REZ 000029) Applicant: Bruce Eby V ; Location: Kealahewa 161, N. Kohala, HI TMK: 3 / 5-5-003: 010 r LL We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development-generated runoff shall be disposed of on-sits and shall not be directed toward any adjacent properties. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant should consult with the Natural Resources Conservation Service, formerly known as, Soil Conservation Service). 3. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. EXHIBIT 010184 FROM :PUBLIC WORKS FAX NO. :808 3273533 Jan. 25 2006 07:29AM P2 Memorandum to PD - REZ 000029 January 24, 2006 Page 2 of 5 ROADWAYS 1. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. 2. The Akoni-Pule Highway, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning this road should be obtained from the HDOT. 3. Old Maliu Road is a County road through the adjacent parcel 12. This County maintained portion has an approximate 10-ft. wide pavement within a 40 foot wide right-of-way. The road is substandard in pavement and right-of-way widths. Current standards for a dedicable minor street are 20 feet of pavement within a 50-foot wide right-of-way. A portion of Old Maliu Road was abandoned by the County in 1967 and is now a privately a owned 40 foot wide road lot (Parcel 40) along the subject property frontage. The applicant should provide documentation of legal access over Parcel 40. 4. The Subdivision Code requires that a subdivision road to access the individual lots meet the minimum requirements for an agricultural standard road with 20 feet of pavement in a 50-foot wide right-of-way. We recommend the applicant improve the portion of Parcel 40 from the end of the County Road through the location where any subdivision lot access occurs to agricultural standards (within the existing right-of-way). This will effectively provide for a T turnaround or pull-out at the end of the County improved road. Any vehicular security gate shall be located beyond the turnaround, meeting with the DPW. In addition, a 5-foot wide future road widening easement shall be provided along the entire subject property frontage of parcel 40, to be dedicated to the County upon request. 5. Any utility poles in the County road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-HILO Hawaii County Planning Commission ~ m 1 Suite 3 101 Pauahi Street ` Hilo, Hawaii 96720 January 12, 2004 Aloha, I was informed by mail on Jan 10'b of this year that the owners of a 21+ acre property at Kealahewa, North Kohala, TMK 3-5-5-003-010 are making an application to the Hawaii County Planning Department for a rezoning of that property from Ag 20 to Ag 5. I own a property within 500 feet of their parcel. I have several issues: 1. The Old Maliu Road is narrow and should be widen if any rezoning is permitted to create more lots. 2. How about water? I was made to understand that there is very limited water available to existing Ag properties on Old Maliu Road. I applied for an Ag Meter for ranching and farming but was told the county would not install any Ag water meters and only residential water meters could be issued due to the water shortage situation. If three additional lots are created from the rezoning how will that affect the water for current Ag property owners? 3. Some of the neighboring parcels are used for cattle ranching including dairy cows as well as beef cattle. There is the normal noise, dust, associated with cattle ranching activities, which "Gentlemen Farmers" who want to build a house on a 5-acre parcel, may find disturbing if they want a "residential" tract environment. In addition there may be farming activities as well, which could include farm animals such as chickens, pigs, lambs, ducks. All this is normal in a ranching/farming environment and should not be unacceptable to others in the close vicinity of such activities. There seems to be a pattern developing whereby large parcels of Ag land (Zoned Ag 20) are purchased and then being down zoned to Ag 5. I think this could well change the character of the area because often times the smaller lots are not used for Ag purposes but really used as a super residential lot with Ag status justified by putting a couple of horses or cows or a vegetable patch on the property. My question really is what is the intent of the rezoning from Ag 20 to Ag 5? Is it really to make available smaller Ag parcels for farmers who will actually work the land to make it productive contributor to our Kobala community? Or is it to just -R-~WAJ106 1 Vri4~ ' EX IBIT create super estates for buyers who have no intention of doing any Agricultural activities. Kohala is a unique place. A compelling sense of history, a cultural heritage, and a place steeped in the plantation tradition of working with the rich land. It is characterized by the Agricultural nature of the properties embracing Kohala. I strongly believe we should preserve the current zoning of the properties as someone was wise enough to understand the true nature of our lands and placed the current Ag 20 restrictions to maintain the character of the land and the Invaluable heritage it represents. Mahalo, John R Yap 1202 Pueo Street, Honolulu, Hawaii 96816 To our neighbors, Please be informed that Bruce Eby ano -un4 TO, 0nrncl iUe , j ni nt nwn P.rs of the 21 t acre vv is u property at Kealahewa, North Kohala, TMK 3-5-5-003- 010, are making an applicatioi, to the Ila waii Count'y' Planning Department for a rezoning of that property from ag__20 to ag. 5. This process requires that we inform all property owners within 500' of our property. Thank you. Yours truly, Eby/Cornelius 1/1/04 G Harry Kim Christopher 1. Yuen Mayor Director 1T1 OS•Mji~ Roy R. Takemoto Deputy Director Caunfv of pttfuaiz PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 e Hilo, Hawaii 96720-3043 January 27, 2004 (808) 961-8288 a Fax (808) 961-8742 Mr. John R. Yap 1202 Pueo Street Honolulu, 11196816 Dear Mr. Yap: Subject: Response to Letter Dated January 12, 2004 Tax Map Key: 5-5-003:010 This is sent in response to your letter dated December 13, 2003 regarding the submittal of a Change of Zone application for the above listed property. Our office has not received an application as of the above listed date. We will put your letter on file to be added if a future application is filed with our office. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, CHRISTOPH RiJ. YUEN Planning Director JWD:smn P: \ W P W IN60UEFF \Letters\P C\LYap-5 5003 010-COZoppose. doc i~'s N W E A-20a \ A-20a S A- Oa 2 a RS 15 S•15 z AKONI PULE HWY 0 a 5 A-20a AGRICUL URAL (A-20a) A TO AGRICUL URAL A•10a 21.352 ORES S- RS-15 RS-15 I 12, 09.84 N it 57 40 E T ONALE"A A- Oa -20a A-20a 1 720 360 0 720 1.440 2,160 2.880 3 6 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-8 (UPOLU POINT-KAAUHUHU HOMESTEADS ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-10a) AT KEALAHEHEWA 1st, NORTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 5-5-003:010 Date: January 18 EXHIBIT "A" (Bruce Eby: 1190) My -REZ05-029.jwd 01 -26-06 BRUCE EBY CHANGE OF ZONE APPLICATION NO. 05-029 CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terns of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. The applicant shall improve the portion of Parcel 40 from the end of the County (Maliu) Road through to the location where any subdivision lot access occurs to a minimum of 20-foot pavement width (agricultural standards) within the existing right-of-way. F. The applicant shall provide a 5-foot wide future road widening setback along the entire property frontage of Parcel 40. G. Any vehicular security gate shall be located beyond the turnaround, meeting with the Department of Public Works. H. Any utility poles in the County road right-of-way shall be installed as shown on the Department of Public Works Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. 1. Any access to Akoni-Pule Highway shall meet with the approval of the State Department of Transportation. J. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. K. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 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. 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 Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. N. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 0. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. P. An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Q. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. REby-REZ05-029.jwd 01-26-06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BRUCE EBY CHANGE OF ZONE APPLICATION (REZ 05-029) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-10a) district for 21.352 acres be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-1 Oa) to subdivide the property into two lots that will be 10+ acres in size. The owners, Bruce Eby and the Cornelius family, reside on the property within two existing dwellings. Each owner will retain one lot. 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. The proposed change of zone from an Agricultural (A-20a) to an Agricultural (A-10a) zoned district will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The 4- proposed request conforms to the LUPAG Map, which designates the property as Important Agricultural Land. Important agricultural lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as Kohala silty clay, 0 to 3 percent slopes (KhA). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "B" or "Good." for agricultural productivity. The ALISH System classifies soils within the subject property as Other Important Agricultural Lands and Prime Agricultural Lands. Since the applicant will continue to use the land intensive for agriculture, the request will be consistent with the General Plan. The request also conforms to the North Kohala Community Development Plan Land Use Concept Map, which designates this area for small scale agricultural uses. The two owners, Eby and Cornelius, reside on the property and would each own one lot. The landowners intend to develop a propagation nursery/ greenhouse for export of high-end ornamentals, develop an "in ground" propagation site for coco palms, and continue the fruit orchard and awa farming. The owners are actively involved in agricultural activities and, if approved, intend to further expand agricultural uses on the proposed subdivided properties. The proposed change of zone will conform to, among others, the goals, policies and standards of the Land Use, Economic and Agricultural General Plan Elements: 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. • 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. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. -2- • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. Agricultural • Identify, protect and maintain important agriculture lands on the island of Hawaii. • Preserve the agricultural character of the island. • Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. All utilities and services are available to the property. Access to the property will be from Maliu Road, which is an I 1-foot paved County road within an approximate 40-foot right-of-way. Any access from Akoni-Pule Highway will be required to meet with the approval of the State Department of Transportation. County water is available for the proposed request. There are two existing dwellings that are connected to separate existing cesspools. All other essential utilities or services are available to the property. There is no severe geological or topographical problems for the property 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 property is within Zone X, area determined to be outside the 500-year flood plain. The property is also located outside of any tsunami inundation area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately 2 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of -3- the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for sugar cane cultivation and ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Both requests will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey 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 previously utilized for sugar cane cultivation and used for farming and 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, and/or 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. -4- Based on the above findings, the above request to reclassify the subject property would result in an appropriate land use pattern. The accompanying draft bill to amend Section 25-8-8 (Upolu Point-Kaauhuhu Homesteads Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -5- 4 V OF COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-8 (UPOLU POINT - KXAUHUHU HOMESTEADS 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 AGRICULTURAL (A-10a) AT KEALAHEHEWA 1sT, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-003-010. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-8, 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 Kealahehewa I", North Kohala, Hawaii, shall be Agricultural (A-10a): Beginning at the Southeast comer of this parcel of land, situated on the Northwesterly side of Maliu Road, the coordinates of said point of beginning, referred to Government Survey Triangulation Station "Puu o Nale" being 12,709.84 feet North and 571.40 feet East and thence running by azimuths measured clockwise from True South: 1. 35° 36' 807.59 feet along the Northwesterly side of Maliu Road; 2. 167° 20' 888.02 feet along Lot 254 of Land Court Application 1120 (Map 40); 3. 166° 20' 917.00 feet along Lots 254 and 44 of Land Court Application 1120; 4. 161° 35' 76.70 feet along Lot 44, Land Court Application 1120 (Map 10); 5. 271° 40' 30" 60.00 feet along the Southerly side of Hawi- Mahukona Road [F.A.P. 27-A (1)]; 6. 1 ° 40' 30" 5.00 feet along the same; 7. 271 ° 40' 30" 400.00 feet along the same; 8. 181° 40' 30" 5.00 feet along the same; 9. 271 ° 40' 30" 153.55 feet along the same; 10. 340° 00' 40" 341.88 feet along the Government Lands of Hualua; 11. 348° 07' 852.62 feet along the same, to the point of beginning, and containing an area of 21.352 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. (SEE ATTACHED CONDITIONS) SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: