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HomeMy WebLinkAboutCOM 0765.000 2004-2006 Jwtr os , x Harry Kim ~ Dixie Kaetsu ~6i~• Mttyor Mnttrtgmg Direcmr r ~ B9rbara Koslow of •M~`~'` Depuq~ Mnnngittg Direelor County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 967244252 (808) 961$211 Fax (808) 961 b553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 3293226 Fax (808) 326-5667 March 13, 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 7,one Application (REZ OS-027) Applicant: Dennis D. Smith Request: A-20a to FA-3a Tax Map Key: 7-3-24:8 Change of Zone Application (REZ OS-000029) Applicant: Bmce Eby Request: A-20a to A-l0a Tax Map Key: 5-5-3:10 State Land Use Boundary Amendment Application (SLID OS-000007) Request: Agricultural to Urban Change of Zone Application (REZ OS-000028) Request: A-20a to RS-7.5 yf~pplicant: Hawaii Island Community Development Corporation Tax Map Key: 5-5-8:portion 46 Change of Zone Application (REL OS-000026) Applicant: SCD Kona 108, LLC Request: A-Sato RA-1 a and RM-3.5 Tax Map 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, \Y' 11 Harry Kim Comm. No. Mayor Ref. To: L Ref. UCte i l1i l( 2 ~ 206 Enclosures ec: Plannng Department e1~~,} ~ I lamail County a an h'yual Opportunity I'ruvider and Pnipluycr +tV Orq • ~ r County of Hawaii PLANNING COMMISSION Aupuni Center • I01 Pauahi S[ree[, Suite 3 Hilo, Iiawai`i 96720 March 13, 2006 Phone(ROS)96I-szaa Paxisos~9el-s7az Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: State Land Use Boundary Amendment Application (SLU OS-000007) Request: Agricultural to Urban Change of Zone Application (REZ OS-000028) Request: A-20a to RS-7.5 Applicant: Hawaii Island Community Development Corporation Tax Map Key 5-5-8•portion 46 The Planning Commission, after a duly held public hearing on February 24, 2006, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to the Urban District and a change of zone from an Agricultura120-acre (A-20a) to a Single Family Residential-7,500 square foot (RS-7.5) district for 15 acres of land. The property is located along the north (makai) side of the Hawi-Niulii road, approximately 600 feet east of the Kohala High and Elementary School complex, Pahoa, North Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan. The applicant is requesting a State Land Use Boundary Amendment from the Agricultural to Urban District for 15 acres of land to develop an affordable housing project with 48 self-help single family dwelling units and 32 senior housing rental units to Hawaii County is an Egual Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 help address the existing demand for affordable housing units in West Hawaii. The applicant recognizes the growing needs for the region and seeks to provide the community with further affordable housing and senior rental housing that takes advantage of the site's positive physical and regional attributes. By targeting the project area for affordable housing, the applicant is seeking to meet urban expansion needs in a manner that is in agreement with the long-range community plans as expressed in the County General Plan. The reclassification action would conform to the following goals, objectives and/or policies of the housing element articulated in the Hawaii State Plan: The request would be consistent with the following goals, objectives and/or policies articulated in the Hawaii State Plan as it will provide greater opportunities for Hawaii's people to purchase or rent an affordable home in an area in which housing has become scarce and costly. • Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals, through collaboration and cooperation between government and nonprofit and for-profit developers to ensure that more affordable housing is made available to very low-, low-, and moderate-income segments of Hawaii's population. • The orderly development of residential areas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. The reclassification action would conform to the following goals, policies and standards of, among others, the Land Use and Housing Elements of the General Plan. The Urban District request would be consistent with the goals, polices and standards of the Land Use-Single Family Residential and the Housing Elements of the Hawaii County General Plan by creating affordable residential housing opportunities and increasing the housing supply for residents of the North Kohala district. Stacy Higa, Chairman and Members of the County Council Page 3 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 Low Density Urban and allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses and the overall residential density maybe up to six units per acre. The applicant is proposing to develop an affordable housing project with self-help single Family dwellings and senior housing rental units. The proposed request will help address the demand for affordable housing in the West Hawaii area and will facilitate the development of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure for this azea. The area under consideration is consistent with the urban form established for this section of the North Kohala District as depicted on the LUPAG Map. The applicant has also submitted a Change of Zone application to reclassify the project site from an Agricultural (A-20a) to aSingle-Family Residential-7,500 squaze feet (RS-7.5) zoned district in order to allow the development of the affordable housing and senior rental housing project to help address the needs of the community. The subject property is located along the Hawi-Niulii Road and within close proximity to Hawi Town and several residential neighborhoods. Therefore, the lands could be chazacterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties consist of a variety of residential neighborhoods, several schools, the commercial center of Hawi Town and some vacant lands. To the west is a property zoned A-20a and further west are properties zoned RS-15 and CV-10 located in Hawi town. To the east are properties zoned A-20a and RS-15. The Kohala Elementary and High Schools are located 600 feet to the east in a RS-15 zoned property. Lands to the north and south are lazger agricultural lands zoned A-20a and A-Sa, which consist mainly of agricultural uses with scattered dwellings. An Urban classification would complement the existing and future residential land activities of the surrounding properties. The urban classification also conforms to the standazd that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. Access to the proposed development would be from the Hawi-Niulii Road, which is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of- way. Stacy Higa, Chairman and Members of the County Council Page 4 Water can be made available for the development from an existing 12-inch waterline that runs along Hawi-Niulii Road. Although there are only 30 units of water available at this time, the development will construct the additional single family units as additional water units become available to the project site. The project site is not situated within the service limits of the County's sewer system and will utilize a septic system meeting with the approval of the Department of Health. Electricity and telephone services are available to the site. The nearest police and fire station is located approximately 2 miles from the project site. Based on the foregoing, the request conforms with the Land Use Commission Rules which encourages urban developments inclose proximity to centers of trading and employment, existing developments and to existing services and facilities. The project azea includes lands with no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The project area is located outside of any tsunami inundation azea. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazazd Control. Based on the above findings, the approval of the State Land Use Boundary Amendment from Agricultural to Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County General Plan. Chanee of Zone The applicant is requesting a State Land Use Boundary Amendment from the Agricultural to Urban District for 15 acres of land and a Change of Zone from an Agricultural (A-20a) to aSingle-Family Residential-7,500 square foot (RS-7.5) district for 15 acres of land. The applicant is proposing to develop an affordable housing project with 48 self-help single family dwelling units and 32 senior housing rental units to help address the existing demand for affordable housing units in West Hawaii. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. Stacy Higa, Chairman and Members of the County Council Page 5 The proposed change of zone from an Agricultural (A-20a) to aSingle-Family Residential (RS-7.5) zoned district will conform to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for this area. 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 Low Density Urban and allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses and the overall residential density maybe up to six units per acre. The applicant is proposing to develop an affordable housing project with self-help single family dwellings and senior housing rental units, which will address the demand for affordable housing in the West Hawaii azea. This change of zone request will facilitate the development of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure for this area. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kohala. The proposed request from an Agricultural (A-20a) to a Single Family Residential (RS-7.5) zoned district will conform to the goals, policies and standazds of, among others, the Land Use (General and Single Family Residential) and Housing Elements of the General Plan. The request will be compatible with the adjacent urban types of uses, such as the Kohala Elementary and High Schools, and the single-family residential zoning situated in Hawi Town, and along Honomakau Road, Union Mill Road and Kynnersley Road located near the proposed request. The request conforms to the projected needs of urban growth for this area and is consistent with the following goals, policies and standards of the Land Use Element of the General Plan: LAND USE -GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in azeas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Stacy Higa, Chairman and Members of the County Council Page 6 • The county shall 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 proposed request will add 48 self-help single-family dwelling units and 32 senior housing rental units to help address the strong demand for affordable housing in the North Kohala and West Hawaii area. The specific condition of the rezoning ordinance will allow more flexibility, but still require that the project be predominately affordable. The condition requires that the project generate affordable housing credits equal to 100% of the units developed. The units proposed for sale at the 80% of the median level will earn 2.0 credits each under Section 11-5(c)(4), for example. There is a severe shortage of affordable housing in North Kohala. The median sales price for asingle-family home in 2005 was $745,000.00, the highest of any district on the island. Thus, a favorable recommendation of this request will conform to the following goals and policies of the Land Use-Single Family Residential and Housing Elements of the General Plan: LAND USE -SINGLE FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. • To enhance the overall quality of life in our residential communities. • Encourage and coordinate with the State in providing fee simple and leasehold single-family residential lots to the residents through State and/or County Housing Programs. Stacy Higa, Chairman and Members of the County Council Page 7 • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choice. • Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. • Create viable communities with affordable housing and suitable living environments • Make affordable housing available in reasonable proximity to employment centers. • Encourage and expand home ownership opportunities for residents. • Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families. Ensure that adequate infrastructure is available in appropriate locations to support the timely development of affordable housing. • Work with, encourage and support private sector efforts in the provision of affordable housing. Stacy Higa, Chairman and Members of the County Council Page 8 • Encourage the development of affordable retirement communities. Therefore, based on the above, the proposed request is consistent with the goals, policies and standards of the Land Use (General and Single Family Residential) and the Housing Elements of the General Plan, and conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for this area. The requested change of zone is also generally consistent with the community planning document for this portion of North Kohala. Adopted on November 3, 1986 by Hawaii County Council Resolution No. 291 86, the North Kohala Community Development Plan designates the area for small scale agricultural uses and existing residential uses. The proposed request for the new urban development project will be centered around Hawi Town and will be creating housing choices and short-term construction employment choices for North Kohala residents. Although the plan is outdated, the request conforms to the following community land use objectives of the plan: • New urban development in North Kohala should be focused around Hawi and Kapaau in order to retain the existing rural character of Halaula, Halawa, Makapala and Niulii. • Promote and encourage development which provides both short-term and long term improvements to the District's economic base through employment choices, housing choices and provision of goods and services. The requested change of zone will not create a significant adverse impact upon the natural resources of the area. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies a majority of the project site as "Prime Agricultural Lands" with the remainder of the site being unclassified. The Land Use Study Bureau's Overall Master Productivity Rating for the soil is "B" or Good. Soils within the project site consist of Kohala silty clay, 3 to 12 percent slopes (KhC). While the project site is situated within the County's Agricultural-20a (A-20a) zoned district and is identified as prime agricultural land with good soil, it is not currently being used for active or intensive agricultural purposes other than pasture activities. Thousands of acres of the former Kohala Sugar Company lands were previously utilized for sugar cane cultivation between 1862 and 1973 and were designated as prime agricultural land. The lands have not been intensively utilized for agricultural activities since the close of the sugar company in 1973. Stacy Higa, Chairman and Members of the County Council Page 9 Although the soil type would have been justified putting this property in the "Important Agricultural Lands" LUPAG category, this is the type of area referred to on Page 14-8 of the General Plan: "Certain areas that could have been classified as Important Agricultural ]ands have been placed within urban land use categories. Generally, these are adjacent to existing urban areas. This represents a decision that the orderly development of those urban areas justifies the eventual conversion of those lands to urban use." The rezoning of this 15-acre area from an A-20a to a RS-7.5 zoning designation will not be detrimental to the reduction of the agricultural land inventory in the County of Hawaii as the property has not been intensively used for agricultural purposes for a long period of time and is designated for urban growth. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kohala. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kohala area for urban types of uses. There are no significant adverse impacts that maybe generated by rezoning of the project site to a RS-7.5 zoned district upon public utilities and facilities. Potential impacts have been identified and assessed and appropriate mitigative measures will be incorporated within this favorable recommendation. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, police and fire protection. Access to the proposed development would be from the Hawi- Niulii Road, which is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of--way. A Traffic Impact Analysis Report (TIAR) was conducted by M&E Pacific, Inc. in October 2005, which concluded that the proposed project would generate a relatively small number of trips that would not adversely affect traffic on Akoni Pule Highway. The levels of service with the proposed project would be considered acceptable and no mitigating actions are required. Water can be made available for the development from an existing 12-inch waterline that runs along Hawi-Niulii Road. Although there are only 30 units of water available at this time, the development will construct the additional single family units as additional water units become available to the project site. The project site is not situated within the service limits of the County's sewer system and will utilize a septic system meeting with the approval of the Department of Health. 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 Kumakua Gulch is situated along Stacy Higa, Chairman and Members of the County Council Page 10 the eastern boundazy of the subject property, yet the 15-acre project site does not abut the gulch area. The property is also located outside of any tsunami inundation area. As is typical of similaz types of rezoning requests, approval of the accompanying change of zone request will require the applicant to prepaze and secure approval of a Solid Waste Management Plan prior to the issuance of Final Subdivision Approval for the proposed development. Electricity and telephone services are available to the site. The nearest police and fire station is located approximately 2 miles from the project site. The proposed request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located approximately one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. Thus, it is not anticipated that the proposed request will have any adverse impact recreational resources in the area. Therefore, no action is necessary to protect these rights. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customazy practices of the site: Investigation of valued resources: No formal azchaeological 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 for cattle grazing, 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 11 Feasible actions to protect native Hawaiian ri ts: 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, approval of this change of zone request from Agricultural (A-20a) to Single Family Residential-7,500 square feet (RS-7.5) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, amendments to the SLU Boundaries Maps and Section 25-8-7 (North and South Kohala Zone Map) are transmitted. We are enclosing a copy of the applications and a copy of the staff background and recommendation reports for your information. Sincezeiy~ C. I~ ~ ~ e a, Chairman Planning Commission Lhicdc02pc Enclosures cc: Mr. Keith Kato Department of Water Supply Department of Public Works Rodney Haraga/DOT-Highways,Honolulu State Land Use Commission Planning Department -Kona RH[IsiandComWvCory-SLU05-007.jwd 01-31-06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-00000'n Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment 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 approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan. The applicant is requesting a State Land Use Boundary Amendment from the Agricultural to Urban District for 15 acres of land to develop an affordable housing project with 48 self-help single family dwelling units and 32 senior housing rental units to help address the existing demand for affordable housing units in West Hawaii. The applicant recognizes the growing needs for the region and seeks to provide the community with further affordable housing and senior rental housing that takes advantage of the site's positive physical and regional attributes. By targeting the project area for affordable housing, the applicant is seeking to meet urban expansion needs in a manner that is in agreement with the long-range community plans as expressed in the County General Plan. The reclassification action would conform to the following goals, objectives and/or policies of the housing element articulated in the Hawaii State Plan: The request would be consistent with the following goals, objectives and/or policies articulated in the Hawaii State Plan as it will provide greater opportunities for Hawaii's ATTACH: Come. 765 Bills 249 and 250 -1- people to purchase or rent an affordable home in an area in which housing has become scazce and costly. • Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals, through collaboration and cooperation between government and nonprofit and for-profit developers to ensure that more affordable housing is made available to very low-, low-, and moderate-income segments of Hawaii's population. The orderly development of residential areas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding azeas. The reclassification action would conform to the following goals, policies and standards of, among others, the Land Use and Housing Elements of the General Plan. The Urban District request would be consistent with the goals, polices and standards of the Land Use-Single Family Residential and the Housing Elements of the Hawaii County General Plan by creating affordable residential housing opportunities and increasing the housing supply for residents of the North Kohala district. 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 azeas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Low Density Urban and allows for residential, with ancillazy community and public uses, and neighborhood and convenience-type commercial uses and the overall residential density maybe up to six units per acre. The applicant is proposing to develop an affordable housing project with -2- self-help single family dwellings and senior housing rental units. The proposed request will help address the demand for affordable housing in the West Hawaii area and will facilitate the development of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure for this azea. The azea under consideration is consistent with the urban form established for this section of the North Kohala District as depicted on the LUPAG Map. The applicant has also submitted a Change of Zone application to reclassify the project site from an Agricultural (A-20a) to aSingle-Family Residential-7,500 squaze feet (RS-7.5) zoned district in order to allow the development of the affordable housing and senior rental housing project to help address the needs of the community. The subject property is located along the Hawi-Niulii Road and within close proximity to Hawi Town and several residential neighborhoods. Therefore, the lands could be characterized by "city-like" couceutrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties consist of a variety of residential neighborhoods, several schools, the commercial center of Hawi Town and some vacant lands. To the west is a property zoned A-20a and further west aze properties zoned RS-15 and CV-10 located in Hawi town. To the east aze properties zoned A-20a and RS-15. The Kohala Elementary and High Schools are located 600 feet to the east in a RS-15 zoned property. Lands to the north and south are larger agricultural lands zoned A-20a and A-Sa, which consist mainly of agricultural uses with scattered dwellings. An Urban classification would complement the existing and future residential land activities of the surrounding properties. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. Access to the proposed development would be from the Hawi-Niulii Road, which is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of--way. Water can be made available for the development from an existing 12-inch waterline that runs along Hawi-Niulii Road. Although there are only 30 units of water -3- available at this time, the development will construct the additional single family units as additional water units become available to the project site. The project site is not situated within the service limits of the County's sewer system and will utilize a septic system meeting with the approval of the Department of Health. Electricity and telephone services aze available to the site. The neazest police and fire station is located approximately 2 miles from the project site. Based on the foregoing, the request conforms with the Land Use Commission Rules which encourages urban developments in close proximity to centers of trading and employment, existing developments and to existing services and facilities. The project area includes lands with no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The project area is located outside of any tsunami inundation azea. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazazd Control. Based on the above findings, the approval of the State Land Use Boundary Amendment from Agricultural to Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County General Plan. The accompanying draft bill to amend the State Land Use Boundaries Maps for the County of Hawaii is provided for your favorable consideration. -4- ~~p?MN Ol q•~ Y• Ali- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT PAHOA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-008:PORTION OF 046. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii is amended to change the district classification of property described hereinafter as follows: The district classification of the following azea situated at Pahoa, North Kohala, Hawaii, shall be Urban: Beginning at the southeast corner of this pazcel of land and along the northerly side ofHawi-Niulii Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW-O-NALE" being 13,502.86 feet North and 7,383.16 feet East, thence running by azimuths measured clockwise from true South: 1. 102° 52' 595.33 feet along Hawi-Niulii Road; 2. Thence along Hawi-Niulii Road on a curve to the left with a radius of 2,899.79 feet, the chord azimuth and distance being: 101 ° 20' 18" 154.68 feet; 3. 192° 52' 580.00 feet along Lot 178, Land Court Application 1120; 4. Thence along Lot 178, Land Court Application 1120 and the remainder of Lot 4-A on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 195° 09' 400 feet; 5. 282° 52' 689.88 feet along the remainder of Lot 175; 6. 12° 52' 287.35 feet along same; 7. 98° 18' 87.94 feet along Exclusion 1, Land Court Application 1120; 8. 1 ° 55' 693.84 feet along same to the point of beginning and containing an azea of 15.000 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- N A ncultural Urban Agricultural g i Ag 'cultural W E S Agricu 1 Agric Ituro AGRI L Agricultural Agricultural TO URBAN 15.000 ACRES ~ Uban _ ' Agricultural 9 D r % gn ul I Urban U Agricultural Agricultur e n o; 0 Q ;k rjgric Rural ,91 Urba o 13 502.86 N Urban r Urban - _ - - it 7, 83.18 E " UU-O-NALE"rs. urb Urban Ur n Agri ulturol Urban Agri Ifurol Agricultural 540 270 0 540 1080 1.620 2.160 2.700 Feel AMENDMENT TO STATE LAND USE BOU N DAR1 ES MAP AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT PAHOA, NORTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 5-5-OOB:POR. 046 Date: December 7, 200 EXHIBIT '~A'~ (Hawaii Island Community Development:05-158) RHIIsIandComnevCory-REZOS-028.jwd 01-31-06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION CHANGE OF ZONE APPLICATION (REZ OS-000028) Upon cazeful review of the request, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from an Agricultura120-acre (A-20a) to aSingle-Family Residential (RS-7.5) district for ] 5 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 State Land Use Boundary Amendment from the Agricultural to Urban District for 15 acres of land and a Change of Zone from an Agricultural (A-20a) to aSingle-Family Residential-7,500 square foot (RS-7.5) district for I S acres of land. The applicant is proposing to develop an affordable housing project with 48 self-help single family dwelling units and 32 senior housing rental units to help address the existing demand for affordable housing units in West Hawaii. In order to consider an area for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz azeas in the County. The proposed change of zone from an Agricultural (A-20a) to a Single- Family Residential (RS-7.5) zoned district will conform to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for this area. 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 azeas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Low Density Urban and allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses and the overall residential density maybe up to six units per acre. The applicant is proposing to develop an affordable housing project with self-help single family dwellings and senior housing rental units, which will address the demand for affordable housing in the West Hawaii azea. This change of zone request will facilitate the development of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure for this azea. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this azea of North Kohala. The proposed request from an Agricultural (A-20a) to a Single Family Residential (RS-7.5) zoned district will conform to the goals, policies and standards of, among others, the Land Use (General and Single Family Residential) and Housing Elements of the General Plan. The request will be compatible with the adjacent urban types of uses, such as the Kohala Elementary and High Schools, and the single-family residential zoning situated in Hawi Town, and along Honomakau Road, Union Mill Road and Kynnersley Road located neaz the proposed request. The request conforms to the projected needs of urban growth for this area and is consistent with the following goals, policies and standazds of the Land Use Element of the General Plan: LAND USE -GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in azeas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 2 • 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 proposed request will add 48 self-help single-family dwelling units and 32 senior housing rental units to help address the strong demand for affordable housing in the North Kohala and West Hawaii area. The specific condition of the rezoning ordinance will allow more flexibility, but still require that the project be predominately affordable. The condition requires that the project generate affordable housing credits equal to 100% of the units developed. The units proposed for sale at the 80% of the median level will eam 2.0 credits each under Section 11-5(c)(4), for example. There is a severe shortage of affordable housing in North Kohala. The median sales price for asingle-family home in 2005 was $745,000.00, the highest of any district on the island. Thus, a favorable recommendation of this request will conform to the following goals and policies of the Land Use-Single Family Residential and Housing Elements of the General Plan: LAND USE -SINGLE FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential azeas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. • To enhance the overall quality of life in our residential communities. Encourage and coordinate with the State in providing fee simple and leasehold single-family residential lots to the residents through State and/or County Housing Programs. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standazds. 3 HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choice. • Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. • Create viable communities with affordable housing and suitable living environments • Make affordable housing available in reasonable proximity to employment centers. • Encourage and expand home ownership opportunities for residents. • Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families. • Ensure that adequate infrastructure is available in appropriate locations to support the timely development of affordable housing. • Work with, encourage and support private sector efforts in the provision of affordable housing. • Encourage the development of affordable retirement communities. Therefore, based on the above, the proposed request is consistent with the goals, policies and standards of the Land Use (General and Single Family Residential) and the 4 Housing Elements of the General Plan, and conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for this area. The requested change of zone is also generally consistent with the community planning document for this portion of North Kohala. Adopted on November 3, 1986 by Hawaii County Council Resolution No. 291 86, the North Kohala Community Development Plan designates the area for small scale agricultural uses and existing residential uses. The proposed request for the new urban development project will be centered around Hawi Town and will be creating housing choices and short-term construction employment choices for North Kohala residents. Although the plan is outdated, the request conforms to the following community land use objectives of the plan: • New urban development in North Kohala should be focused around Hawi and Kapaau in order to retain the existing rural chazacter of Halaula, Halawa, Makapala and Niulii. • Promote and encourage development which provides both short-term and long term improvements to the District's economic base through employment choices, housing choices and provision of goods and services. The requested change of zone will not create a significant adverse impact upon the natural resources of the area. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies a majority of the project site as "Prime Agricultural Lands" with the remainder of the site being unclassified. The Land Use Study Bureau's Overall Master Productivity Rating for the soil is "B" or Good. Soils within the project site consist of Kohala silty clay, 3 to 12 percent slopes (KhC). While the project site is situated within the County's Agricultural-20a (A-20a) zoned district and is identified as prime agricultural land with good soil, it is not currently being used for active or intensive agricultural purposes other than pasture activities. Thousands of acres of the former Kohala Sugaz Company lands were previously utilized for sugar cane cultivation between 1862 and 1973 and were designated as prime agricultural land. 5 The lands have not been intensively utilized for agricultural activities since the close of the sugaz company in 1973. Although the soil type would have been justified putting this property in the "Important Agricultural Lands" LUPAG category, this is the type of area referred to on Page 14-8 of the General Plan: "Certain areas that could have been classified as Important Agricultural lands have been placed within urban land use categories. Generally, these are adjacent to existing urban azeas. This represents a decision that the orderly development of those urban azeas justifies the eventual conversion of those lands to urban use." The rezoning of this 15-acre azea from an A-20a to a RS-7.5 zoning designation will not be detrimental to the reduction of the agricultural land inventory in the County of Hawaii as the property has not been intensively used for agricultural purposes for a long period of time and is designated for urban growth. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kohala. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kohala azea for urban types of uses. There are no significant adverse impacts that may be generated by rezoning of the project site to a RS-7.5 zoned district upon public utilities and facilities. Potential impacts have been identified and assessed and appropriate mitigative measures will be incorporated within this Favorable recommendation. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, police and Tire protection. Access to the proposed development would be from the Hawi-Niulii Road, which is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of--way. A Traffic Impact Analysis Report (TIAR) was conducted by M&E Pacific, Inc. in October 2005, which concluded that the proposed project would generate a relatively small number of trips that would not adversely affect traffic on Akoni Pule Highway. The levels of service with the proposed project would be considered acceptable and no mitigating actions are required. 6 Water can be made available for the development from an existing 12-inch waterline that runs along Hawi-Niulii Road. Although there are only 30 units of water available at this time, the development will construct the additional single family units as additional water units become available to the project site. The project site is not situated within the service limits of the County's sewer system and will utilize a septic system meeting with the approval of the Department of Health. 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 Kumakua Gulch is situated along the eastern boundary of the subject property, yet the 15-acre project site does not abut the gulch azea. The property is also located outside of any tsunami inundation azea. As is typical of similaz types of rezoning requests, approval of the accompanying change of zone request will require the applicant to prepaze and secure approval of a Solid Waste Management Plan prior to the issuance of Final Subdivision Approval for the proposed development. Electricity and telephone services are available to the site. The nearest police and fire station is located approximately 2 miles from the project site. The proposed request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located approximately one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain azeas that traverses the property. Thus, it is not anticipated that the proposed request will have any adverse impact recreational resources in the area. Therefore, no action is necessary to protect these rights. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of 7 the site: Investigation of valued resources: No formal azchaeological reconnaissance survey or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezonine azea. As the site has been previously utilized for sugar cane cultivation and for cattle grazing, it is unlikely that there aze any valued cultural, historical, and natural resources to be found in the rezoning azea. 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 azea and contact the Deparhnent of Land and Natural Resources - State Historic Preservation Division (DLNR-HPD). Subsequent work shall proceed upon an azchaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of this change of zone request from Agricultural (A-20a) to Single Family Residential-7,500 square feet (RS-7.5) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Zone Map), 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. 8 ~~r or H .S COUNTY OF HAWAII STATE OF HAWAII ~r~ OI~11r•~ BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA 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 SINGLE FAMILY RESIDENTIAL (RS-7.5) AT PAHOA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-OOS:PORTION OF 046. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawai `i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following azea situated at Pahoa, North Kohala, Hawaii, shall be Single Family Residential (RS-7.5): Beginning at the southeast corner of this parcel of land and along the northerly side ofHawi-Niulii Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW-O-NALE" being 13,502.86 feet North and 7,383.16 feet East, thence running by azimuths measured clockwise from true South: 1. 102° 52' 595.33 feet along Hawi-Niulii Road; 2. Thence along Hawi-Niulii Road on a curve to the left with a radius of 2,899.79 feet, the chord azimuth and distance being: 101 ° 20' 18" 154.68 feet; 3. 192° 52' 580.00 feet along Lot 178, Land Court Application 1120; 4. Thence along Lot 178, Land Court Application 1120 and the remainder of Lot 4-A on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 195° 09' 400 feet; 5. 282° 52' 689.88 feet along the remainder of Lot 175; 6. 12° 52' 287.35 feet along same; 1 7. 98° 18' 87.94 feet along Exclusion 1, Land Court Application 1120; 8. 1 ° 55' 693.84 feet along same to the point of beginning and containing an azea of 15.000 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) Necessazy to prevent circumstances which maybe adverse to the public health, safety and welfaze; 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 declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: A-20a N A- Oa A-20a W E S - a AGRICULT -20a)TO R fs SINGLE•FAMILY RESIDENTIA 5 15.000 ACRES 9 A- Oa RS- 5 r n H A-20a - a R -1 A-20a R f5 ~ RS 15 i / ~ H A-20a - 5 13 502.86 N RSaS Z 83.f6E UU-O-NALE".> ~ CN-f0 A-Sa RS-15 RS 15 A-20a A-5a A-1 a A-Sa A-20a A-2 540 270 0 540 1080 1620 2160 27F0l~t AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA 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 SINGLE-FAMILY RESIDENTIAL (RS-7.5) AT PAHOA, NORTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 5-5-008:POR. 046 Date: December 7, 200 EXHIBIT ~~A" (Hawaii Island Community Development:1187) CHI[slandComDevCory-REZAS-028.jwd 01-31-06 HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION CHANGE OF ZONE APPLICATION (REZ OS-000028) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" prior to final subdivision approval. The applicant shall make any improvements required by the Department of Water Supply. C. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access to Hawi-Niulii Road, including the provision of adequate sight distances, shall meet with the approval of the State Department of Transportation. E. Install streetlights, signs and mazkings meeting with the approval of the State Department of Transportation. F. 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. G. All development-generated runoff shall be disposed of on site and shall not be directed " toward any adjacent properties. H. A National Pollutant Dischazge Elimination System (NPDES) permit and an Underground Injection Control (IJIC) permit, if required, shall be secured from the State Deparhnent of Health before the commencement of construction activities. I. 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. J. 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. K. The applicant shall make its fair shaze contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the unit counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five yeazs from the effective date of this change of zone ordinance, whichever occurs first. The fair shaze contribution for each unit shall be based on the number of units developed. The fair shaze contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair shaze contribution maybe adjusted annually beginning three yeazs after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair shaze contribution shall have a maximum combined value of $9,991.21 per single family residential unit. Based upon the applicant's representation of intent to develop a total of 80 single family residential units, the indicated total of fair shaze contribution is $799,296.80 for the multiple family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair shaze contribution per single family residential unit shall be allocated as follows: 1. $4,817.93 per single family residential unit to the County to support park and recreational improvements and facilities for a total of $385,434.40; 2. $232.42 per single family residential unit to the County to support police facilities for a total of $18,593.60; 3. $459.06 per single family residential unit to the County to support fire facilities for a total of $36,724.80; 4. $200.98 per single family residential unit to the County to support solid waste facilities for a total of $16,078.40; and -2- 5. $4,280.82 per single family residential unit to the County to support road and traffic improvements for a total of $342,465.60. In lieu of paying the fair shaze contribution, the applicant may contribute land and/or construct improvements/facilities related to pazks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. L. 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 towazds the requirements of the Unified Impact Fees Ordinance. 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, provided further that, because the applicant has represented that the project will predominately be for affordable housing, the applicant shall generate affordable housing credits on-site not less than one hundred percent (100%) of the units developed. Affordable housing credits in excess of the basic requirements of Chapter 11, Article 1, Hawaii County Code, Section 11-4 and 11-5 shall be credited to the applicant, its successors, or assigns, and be transferable under Section 11-15. The affordable housing plan shall be approved by the Administrator of the Office of Housing and Community Development prior to final subdivision approval. N. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. An annual progress report shall be submitted to the Planning Director prior to the azmiversazy date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval aze being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports aze not required. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: -3- 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one yeaz maybe extended for up to one additional yeaz). 5. If the applicant should require an additional extension of time, the Planning Director 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 Planning Director may initiate rezoning of the area to its original or more appropriate designation. -4- BHIIsIandComDevCorp-REZOS-028.jwd 0131-06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-000007) CHANGE OF ZONE APPLICATION (REZ OS-000028) HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION has submitted applications for a State Land Use Boundary Amendment for 15 acres of land from the Agricultural to the Urban District and a Change of Zone for 15 acres of land from an Agricultura120-acre (A-20a) to a Single Family Residential -7,500 squaze foot (RS-7.5) district. The property is located along the north (makai) side of the Hawi-Niulii Road, approximately 600 feet west of the Kohala High and Elementary School complex, Pahoa, North Kohala, Hawaii, TMK: 5-5-8: portion of 46. PROPOSED DEVELOPMENT 1. Request: The applicant is requesting • a State Land Use Boundary Amendment from the Agricultural to Urban District for 15 acres of land; and • a Change of Zone from an Agricultural (A-20a) to a Single Family Residential - 7,500 square foot (RS-7.5) zoned district for 15 acres of land. 2. Project Description: The applicant is proposing to develop an affordable housing project to help address the existing demand for affordable housing units in West Hawaii. The project would include: • 48 self-help single family dwelling units; and • 32 senior housing rental units. A minimum of 51 % of the self-help single family dwelling units will be mazketed to families earning less than 80% of the median family income and a portion of the units will be marketed to families earning between 80% and 140% of the median family income. 3. Timeframe and Cost: The project will be constructed in the following increments: • 24 self-help single family dwelling units expected to be completed by 2007. -1- • 24 self-help single family dwelling units expected to be completed by 2008, for a total of 48 self-help single family dwelling units. • 32 senior housing rental units expected to be completed by the summer of 2008. The cost of the proposed project is estimated at 10 million dollars. 4. Supportive Information: The applicant, Hawaii Island Community Development Corporation, is in the process of purchasing the property from the landowner, the Hawaii Conference Foundation. The applicant has submitted the following in support of the request. (Planning Department Exhibit 1 -State Land Use Boundary Amendment and Change of Zone Applications) STATE AND COUNTY PLANS 5. SLU: Agricultural. 6. County Zoning: Agricultural-20 acres (A-20a). 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density Urban. The General Plan document indicates that the Low Density Urban designation allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. 8. North Kohala Community Development Plan: Adopted on November 3, 1986 by Hawaii County Council Resolution No. 291 86, the North Kohala Community Development Plan designates the azea for small scale agricultural uses and existing residential uses. 9. Coastal Zone Management, H1LS, 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 azea 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. 10. Special Management Area: The property is located approximately one mile from the shoreline and is not situated within the Special Management Area (SMA). The SMA is a -2- part of the Coastal Zone Management Program regulated by the County. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The project site is a 15-acre portion of a 31.21-acre property. The property is irregular in shape. It is located on the north (makai) side of the Hawi-Niulii Road. The site is vacant of any structures. 12. Surrounding Zoniug/Land Uses: Lands to the north and south aze larger agricultural lands zoned A-20a and A-Sa, which consist mainly of agricultural uses with scattered dwellings. To the west is a property zoned A-20a and further west are properties zoned RS-15 and CV-101ocated in Hawi town. To the east aze properties zoned A-20a and RS-15. The Kohala Elementary and High Schools are located 600 feet to the east in a RS-15 zoned property. 13. ALISH System: The majority of the project site is "Prime Agricultural Land". A small portion of the eastern section of the project site is unclassified. 14. USDA Soil Survey Report: Kohala silty clay, 3 to 12 percent slopes (KhC). Runoff is slow to medium, and the erosion hazard is slight to moderate. 15. Land Study Bureau Rating: The Land Study Bureau's overall master productivity rating for agricultural use is Class "B" or "Good". 16. Flora/Fauna Resources: According to the applicant, the entire pazcel has been previously utilized for sugar cane cultivation between 1862 and 1973 and has been cleared and graded. Since the closure of the Kohala Sugaz Company in 1973, the property has been utilized for cattle grazing. The predominant vegetation type on the property is chazacterized as pastureland, which is comprised of a mixed grass and herb association with scattered shrubs. Regazding fauna resources, the Short-eared Owl or Pueo and the Hawaiian Hawk or Io are known to the azea and aze commonly found in open grasslands and agricultural lands in Kohala. Mammals such as feral cats and dogs can also be found in the pasturelands of Kohala. 17. ArchaeologicaUCulturaUHistorical 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. A request was sent by the applicant to the Department of Land and Natural Resources-State Historic Preservation -3- Division requesting that a "no-effect" letter be issued for the proposed request. 18. Coastal Hazards: The subject property is located approximately one mile from the shoreline, is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 19. Flood Insurance Rate Map (FIRM): Zone X, area determined to be outside the 500- year flood plain. The Kumakua Gulch is situated along the eastern boundary of the subject property, yet the 15-acre project site does not abut the gulch area. 20. Traffic: A Traffic Impact Analysis Report (TIAR) was conducted by M&E Pacific, Inc. in October 2005, to address possible traffic impacts generated by the proposed project. The report concluded that the proposed project would generate a relatively small number of trips that would not adversely affect traffic on Akoni Pule Highway. The levels of service with the proposed project would be considered acceptable and no mitigating actions are required. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the proposed development would be from the Hawi-Niulii Road, which is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of--way. 22. Water: According to the applicant, County water is available from an existing 12-inch waterline along the Akoni Pule Highway. In a letter dated January 24, 2006, the applicant was informed by the Department of Water Supply that only 30 units of water will be able to be provided by the Department of Water Supply to the project at this time. Additional water commitments maybe made available once certain system improvements are implemented. 23. Wastewater: The project site is not situated within the service limits of the County's sewer system. The project will utilize a septic system meeting with the approval of the Department of Health. 24. Solid Waste: All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. The Department of Enviromnental Management -Solid Waste Division commented that the applicant needs to submit a solid waste management plan. -4- 25. Essential Utilities and Services: Electricity and telephone services are available to the site. The neazest police and fire departments are located approximately 2 miles away in Kapaau. AGENCIES' COMMENTS 26. Police Department (January 5, 2006 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 27. Department of Health (December 28, 2005 Memo): "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 forwazded to your office." 28. Department of Environmental Management-Wastewater and Solid Waste Division: (Planning Department Exhibit 2 -December 27, 2005 Memo and attached guidelines) 29. Fire Department: (Planning Department Exhibit 3 -January 5, 2006 Memo) 30. Department of Education: (Planning Department Exhibit 4 -January 13, 2006 Letter) AGENCIES - NO RESPONSE 31. Department of Public Works, Department of Water Supply, Parks and Recreation, Office of Housing and Community Development, Department of Land and Natural Resources -Land Division and State Historic Preservation Division, Department of Transportation, State Land Use Commission, NRCS and the Kohala Community Association. APPLICANT'S SUBMITTAL LETTERS 32. The applicant has submitted the following additional information. (Planning Department Exhibit 5 -Letter Dated January 24, 2006) PUBLIC COMMENTS 33. The Planning Department received the following letters of support or opposition to the proposed request: 1. Letter of support from Mayor Harry Kim to Milton Pavao of the Department of -5- Water Supply. (Planning Department Exhibit 6 -Letter Dated January 19, 2006) f -6- STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Hawaii Island Community Development Corporation PETITIONER'S SIGNATURE: (Y-~JrL~~ ~ DATE: ADDRESS: 100 Pauahi St. 41204 Hilo, HI 96720 PETITIONER'S INTEREST IF NOT OWNER: Purchaser under sales contract TELEPHONE: (Bus.)(808)969-1158 x105 (Res.) (Fax) (808)935-6916 LANDOWNER(S): Hawaii Conference Foundation LANDOWNER SIGNATURE(S): u ~w= r_~- ~ :DATE: 11 / 28/ 2005 (M be by letter) ADDRESS: 15 Craigsi de Place Nnnnl nlu_ HT 9fifl17 TAX MAP KEY: s-S-R c46 fgor to STREET ADDRESS OF PROPERTY: ZONING: A-20a SIZE OF PROPERTY: 31 acres - 15 acres redistricting requeste CURRENT STATE LAND USE DISTRICT CLASSIFICATION:Agriculture RE~iiESTED STATE LAivD'JSE DISTRICT CLASSIFICATION: urban AGENT: Not Applicable ADDRESS: TELEPHONE: (Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Keith Kato COPIES: ~A~Jn/!,t/l~ ~ T1~~~?r (See Instructions on Reverse Side) E X ~ B ~ T i~ CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Hawaii Island Communit ~D.ewe/lo went Cor oration APPLICANT'S SIGNATURE: , ~ /%~'V DATE: 11 / 21 /OS ADDRESS: 100 Pauahi St. 11204 Hilo, HI 96720 LIST APPLICANTS INTEREST IF NOT OWNER: Purchaser under sales contract LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Keith Kato,. Executive Director PHONE:(Bus.) (808)969-1158 x105 (Res.) (Fax)(808)935-6916 LANDOWNER(S): u n LANDOWNER SIGNATURE(S): t'awx3vsxi;A:~a#~ DATE: 11/28/05 ay be by letter) ~ . LANDOWNER(S) ADDRESS: 15 CraiQ$ide Place Honolulu, HI 96817 REQUEST: a-2oa TO Rs - 7.5 (Existing caning) (Proposed Zoning) TAX MAP KEY: 5-5-8:Qortion of 46 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 15 Acres AGENT: Not Applicable ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Keith Kato COPIES: (See Instructions on Reverse Side) THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: 1. A filing fee of five hundred dollars ($500) plus twenty-five dollars ($25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. An original and twenty (20) copies of a Background and County Environmental Report to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Enviromnental Impact Statement or Environrental Assessment has been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental hnpact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale-drawn plot plan of the property showing property lines and measurements; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full-size (2' x 3') scale-drawn plot plan of Item 5 for presentation purposes. 7. A legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted with this application. This application shall not be considered complete unless the metes and bounds description in map and written form have been received. 8. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who aze required to receive notice. 9. A certificate of clearance from the Director of Finance that the real property taxes and all other fees relating to the subject parcel(s) have been paid; and there aze no outstanding delinquencies. 10. One of the following regazding archaeological resources: 1. An azchaeological inventory report containing significance assessments, effect determinations, and proposed rmtigation comrmtments. The report should be completed pursuant to State Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) rules. 2. A "no effect" letter from the State DLNR Historic Preservation Division. 3. A copy of a letter written by the applicant to the State DLNR Historic Preservation Division requesting a "no effect" letter, including supporting documentation, to which SHPD has not responded after 30 days (SHPD's time limit under their rules). 11. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. FORMS - 8/03 (p:\wp60\forms\pd\COZapplskg.doc) Background and County Environmental Report (Attachment to Change of Zone, Project District, and Agricultural Project District Applications) Please use this form as a guide for required information to be included in your Change of Zone, Project District or Agricultural Project District -Background and County Environmental Report. A. SUBJECT REQyEST 1. Details of Proposed Use/Development: a. Project description: b. Statement of objectives and reasons for the request: c. Number ofacres/square feet: d. Proposed units lots/floor area of proposed building envelope: e. Timeframe and cost: f. Membership size/number of employees and clientele: g. Parking arrangement: h. Traffic impacts (assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts fro-n pn -posod use): i. Other related information: j. Proposed on-site and ofi~site infrastructure: B. ~ONFORMANCF WITH STATEJCOUNTY PLANS 2. State Land Use designation: 3. How the proposed use is not contrary to Chapter 205A, Coastal Zone Management (existing public access, scenic or open space resources, coastal view planes, and coastal ecosystems): 4. Applicable goals/policies and objectives of the General Plan: 5. General Plan designation (LUPAG Map): 6. Zoning: 7. Community Development Plan: 8. Special Management Area: 1 C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROP RTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): 10. Lava Hazard Zone: 11. Distance from coastline: 12. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: 13. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type:' 14. Land Study Bureau soil rating: 15. Flood Insurance Rate Map (FIRM) designation: (Contact Department of Public Works -Engineering Division) 16. Existing drainage ways or improvements: 17. Air/noise/water quality: Historic Resources: 18. Existing azchaeological, cultural or historic sites on National Register or Hawaii Register: (Contact Department of Land and Natural Resources) Natural Resources: 19. Existing floral /faunal resources (any native or exotic plants; any listed or candidate for endangered species): 20. Scenic or coastal resources: Valued Cultural Resources: 21. Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian.rights if they exist. 2 Public Access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: Social-Economic Characteristics: 23. Social settlement pattern for the area: 24. Economic resources of the azea: 25. Land values: Surrounding lands: 26. Land use: 27.. Zoning: D. PiJBL.IC FA ITI ND RVI 28. Description of access: (paved or unpaved; private or county, right-of--way and pavement width. If private road, submit evidence of legal access rights): 29. Availability of water: 30. Sewage disposal: 31. Solid waste: 32. Police & fire protection: 32. Schools: 33. Pazks: 34. Other utilities and services (telephone/electricity): E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: 3 r 36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: 37. Alternatives to the proposed development: 38. Ineversible and irretrievable commitments of natural resources that would be involved ifproposed action implemented: F. AGENCIES -COMMENTS 39. You may consult with the following agencies and include discussion in your report or attach their written comments regarding your proposal: a. Department of Public Works: b. Department of Water Supply: c. Police: d. Fire: e. Department of Finance -Real Property Tax Division: f. State of Hawaii Department of Land and Natural Resources -Historic Preservation Division: (If your parcel is in its natural state and has not be cleazed previously) g. State of Hawaii Department of Transportation -Highways Division: (If applicable) h. State of Hawaii Department of Health: i. State ofHawaii Department of Agriculture: (Agricultural lands) j. Community groups/individuals, Civil Defense, Office of Housing and Community Development, Kailua Village Design Commission, State of Hawaii Real Estate Commission, and State of Hawaii Department of Human Services: (If applicable) FORM-6/Ol (p:\wp60\torrns\pd\environrcpartskg 4 Proof of service for the first notice on owners and lessees of record maybe submitted concurrently with or shortly after filing the subject application. Proof of service for the second notice shall be submitted to the Planning Director or Planning Commission prior to the date of administrative action or public hearing. Proof may consist of certified mail receipts, affidavits, declarations or the like. The list of names, addresses and tax map keys of those individuals notified shall also be submitted. Should you have any questions, please contact the Planning Department at 961-8288. FORMS - 1/24/01 (p:\wp60\forms\pd\surrpropskg) 5 COUNTY OF HAWAII PLANNING DEPARTMENT REQUIREMENT TO INFORM SURROUNDING PROPERTY OWNERS AND LESSEES OF FILING AN APPLICATION In accordance with the Hawaii County Zoning Code, Chapter 2S, Section 25-2-4, adopted December 7, 1996, within ten (10) days after filing an application with the Planning Department or Planning Commission, you are required to serve notice of your application on surrounding owners and lessees of record. In addition, within ten (10) days of receiving notice of the scheduled date of administrative action or public hearing and not less than ten (10) days prior to the scheduled date of action or hearing, you are required to serve a second notice to surrounding owners and lessees of record. Notices shall include the following information: 1. Name of the applicant; 2. Precise location of the property involved; including tax map key identification, location map and site plan; 3. Nature of the application and the proposed use of the property; 4. Date on which the application was filed with the director or the commission; S. Date, time and place that the scheduled administrative action or public heazing will beheld to consider the application (to be included in second notice); 6. Contact name and phone number should there be any questions. When the building site is located within the State Land Use Urban or Rural District, notice shall be served to owners and lessees within three hundred feet (300') of the perimeter boundary of the building site. When the building site is located within the State Land Use Agricultural District, notice shall be served to owners and lessees within five hundred feet (500') of the perimeter boundary of the building site. Except, that if the surrounding properties are located within the State Land Use Urban or Rural District, notice shall be served to owners and lessees within three hundred feet (300') of the perimeter boundary of the building site. Data available from the real property tax office shall be utilized in determining the names and addresses of the affected owners and lessees of record. The applicant shall also provide notice to such other owners and lessees of records when the applicant has actual knowledge of such names or as informed by the Planning Director or Planning Commission. COUNTY OF HAWAII PLANNING DEPARTMENT POSTING OF SIGNS FOR PUBLIC NOTIFICATION In accordance with Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-12, Hawaii County Code 1983 (2005 edition) and the Planning Commission's Rules of Practice and Procedure, within ten days of being notified of the acceptance of an application, the applicant shall post a sign on the subject property. The sign shall include the following: 1. The nature of the application; 2. The proposed use of the property; 3. The size of the property; 4. The tax map key(s) of the property; 5. That the public may contact the Planning Department for additional information; and 6. The address and telephone number of the Planning Department. The sign shall be not less than nine squaze feet and not more than twelve squaze feet in azea, with letters not less than one inch high. No pictures, drawings, or promotional materials shall be permitted on the sign. The sign shall be posted at or near the property boundary adjacent to a public road bordering the property and shall be readable from said public road. If more than one public mad borders the property, the applicant shall post the sign to be visible from the more heavily traveled public road. The sign shall, in all other respects, be in compliance with Chapter 3 (Signs), Hawaii County Code 1983 (2005 edition). The applicant shall file an affidavit with the Planning Department not more than five days after posting the sign stating that a sign has been posted, and that the applicant will not remove the sign until the application has been granted, denied, or withdrawn. A photograph of the sign in place shall accompany the affidavit. The sign shall remain posted until the application has been granted, denied, or withdrawn. The applicant shall remove the sign promptly after such action. Should you have any questions, please contact the Planning Department at (808) 961-8288. P~.wp60~fortns~pd~posIIng of signs 10-6-OS ATTACHMENT Residential 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? Y~ If yes, please answer the rest of question 1 and then to ques ion 3. a. How many acres of the requested area do you intend to subdivide? t5 b. Into what lot sizes? E"~'' c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? ~ d. Do you intend to build houses on the newly created lots? Y~ If yes, please answer the following questions: On how many of those lots? Atl At what approximate price range? House Lots Total ~ t8o,c~' ~ ~o Approximately how long, after approval of the subdivision, would the first house be available for occupancy? t y~ r If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, b, or 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? 7Yis How? f; ovi Ga~ re~»~dstloCr- (.GdN-Si ~"~1 4. Are there any buildings on the subject area? ~O If so, what kind? What do you intend to do with those buildings if your request is approved? -2- 5. Is the subject land currently being used for any agricultural activitity? !1~ If so, please list the kinds of products grown and on how many square feet or acres of land per product. pia sYurG 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 7. Do you think that the roads leading to the subject area 1:[0 needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? Y`~ 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools b. Roads 5~ c. Sewer d. Drainage e. Police Protection ~ -3- Yes No f. Fire Protection X g. Recreational Facilities ~ h. Public Utilities ~ i. Other For those checked eyes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~~~ti/(~C~ ~'~"1 Address: [ba P`u.`at`'' ~'g~ ll+to.~ft 4G7~o Telephone: ~~F' /~69-1~5$xto~- Date: i~~ril~O~ -4- 6337A/SOA CHANGE OF ZONE AND STATE LAND USE DISTRICT BOUNDARY AMENDMENT APPLICATION (fifteen acres or less) BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICANT: Hawaii Island Community Development Corporation (HICDC) REQUEST: State Land Use Agriculture to Urban and Agricultural twenty-acres (A-20a) to Single Family Residential seven thousand five hundred square feet (RS-7.5) TAX MAP KEY: (3) 5-5-8: portion of 46 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: The Hawaii Island Community Development Corporation (HICDC) is requesting a State Land Use District Boundary amendment and Change of Zone for approximately 15 acres of land. The State Land Use District Boundary amendment request is from the Agricultural to the Urban district and the Change of Zone is from an Agricultural twenty-acres (A-20a) to a Single Family Residential seven thousand five hundred square feet (RS-7.5) zoned district. The property is located on the north side of the Akoni Pule Highway, approximately 0.5 mile east of the Akoni Pule Highway-Hawi Road intersection, Pahoa land division, North Kohala, Island of Hawaii and identified as Tax Map Key: (3) 5-5-8: portion of 46. The project site is on a 15 acre portion of the parcel which consists of 31.21 acres. The applicant is proposing to develop an affordable housing project on the subject property which will consist of 48 self-help single family dwelling units and 32 senior housing rental units. A minimum of 51 % of the self-help single family dwelling units will marketed to families earning less than 80% of the median family income and a portion of the units will be marketed to families earning between 80% to 140% of the median family income. b) Statement of objectives and reasons for the request: The applicant intends to address the existing demand for affordable housing units in the County of Hawaii and in West Hawaii in particular. The HICDC has an existing waiting list of approximately 270 families interested in self-help housing projects in West Hawaii. An informational meeting held at the Kohala High School Cafeteria on November 2, 2005 attracted over 300 people who were interested in obtaining information on the proposed projecK. Those attending the informational meeting indicated a strong demand for this type of affordable housing project in the North Kohala district. c) Timeframe and coat: The proposed project will be built incrementally with 24 single family dwelling units each in 2007 and 2008, respectively. The 32 senior housing rental units are expected to be completed and occupied by the summer of 2008. The total cost of the proposed project is estimated at approximately $10 million. d) Traffic impacts: A Traffic Impact Analysis Report was prepared for the proposed project by M & E Pacific, Inc. in October, 2005. The report includes an 1 analysis of existing roadway and traffic conditions for the Akoni Pule Highway which fronts the subject properly and its intersection with Honomakau Street which is the closest intersection to the project site. in summarizing its fmdings, the report states, the following: "The Honomakau Street southbound approach is currently at level of service D in the morning peak hour and at level of service C in the after school and afternoon peak hours. With the increase in ambient traffic, the morning and afternoon peak hours levels of service would remain unchanged while the after school level would decrease to D. This decline in level of service is not considered an adverse impact since level of service D is considered acceptable. There would be no changes in levels of service with the additional traffic from the proposed project. 'The left turn movements from Akoni Pule Highway would be operating at level of service A for all three forecast scenarios in all three time periods. Hence, the proposed project would not have an adverse traffic impact on the Akoni Pule Highway/Honomakau Street intersection." "The proposed project access intersection outbound approach would be operating at level of service B in all three time periods. The eastbound left taro finm Akoni Pule Highway would be operating at level of service A in all three time periods, also. This would indicate that the proposed project would not have an adverse traffic impact on the Akoni Pule Highway and the Honomakau Street intersection." "The above analysis indicates that mitigating measures for Akoni Pule Highway would not be required for the proposed project." A complete copy of the Traffic Impact Analysis Report is attached as Appendix A. B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Agricultural district. The proposed State Land Use boundary amendment from the Agricultural to the Urban district is in conformance with the proposed use. The proposed reclassification conforms to the following standards for determining the Urban district boundaries: • The project azea is in close proximity to centers of trading and employment. • The project area is served by basic services including schools, parks, solid waste disposal, drainage, water, transportation systems, public utilities and police and fire protection. • The project area includes lands with satisfactory topography and drainage, is reasonably free from the danger of any flood, tsunami, unstable soil condition and other adverse environmental effects. • The project area is in an appropriate location for new urban concentrations as evidenced by the County General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation as Low Density Urban. 2 • Approval of the proposed reclassification will not result in spot urban development necessitating unreasonable investment in public infrastructure or support services. Z) Applicable goalslpolicies and objectives of the General Plan: The proposed project is consistent with the following goals, policies, and objectives of the General Plan. Economic Element • 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. • Strive for diversity and stability in its economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that aze compatible with the County's cultural, natural and social environment. Land Use Element • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested caning 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 caned uses, availability of public services and utilities, access and public need. Housing Element • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. • Create viable corrununities with affordable housing and suitable living environments. 3 • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Make affordable housing available in reasonable proximity to employment centers. • Encourage and expand home ownership opportunities for residents. • Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families. • Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. • Accommodate the housing requirements of special need groups including the elderly, handicapped, homeless and those residents in dual areas. • Work with, encourage and support private sector efforts in the provision of affordable housing. 3) General Plan designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designation for this section of the North Kohala District is Low Density Urban. 4) Applicable goals/policies objectives and priority guidelines of the Hawaii State Plan: The proposed project is consistent with the following goals, policies, objectives and priority guidelines of the Hawaii State Plan. Goal (to achievel • A strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • Physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Obiectives and Polices for Population • Promote increased opportunities for Hawaii's people to pursue their socio- economic aspirations throughout the islands. • Plan the development and availability of land and water resources in a coordinated manner so as to provide for the desired levels of growth in each geographic area. Obiectives and Polices for Socio-Cultural Advancement--Housing 4 • Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, and livable homes, located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals, through collaboration and cooperation between government and nonprofit and for-profit developers to ensure that more affordable housing is made available to very low-, low- and moderate-income segments of Hawaii's population. • The orderly development of residential areas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Stimulate and promote feasible approaches that increase housing choices for low- income, moderate income, and gap-group households. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Affordable Housing Priority Guidelines • Seek to use magginal or nonessential agricultural land and public land to meet housing needs of low- and moderate-income and gap-group households. • Encourage the use of alternative construction and development methods as a means of reducing production costs. • Encourage public and private sector cooperation in the development of rental housing alternatives. • Give higher priority to the provision of quality housing that is affordable for Hawaii's residents and less priority to development of housing intended primarily for individuals outside of Hawaii. Population Growth and Land Resources Priority Guidelines • Priority guidelines for regional growth distribution and land resource utilization: • Encourage urban growth primarily to existing urban areas where adequate public facilities are already available or can be provided with reasonable public expenditures, and away from areas where other important benefits are present, such as protection of important agricultural land or preservation of lifestyles. • Make available marginal or nonessential agricultural lands for appropriate urban uses while maintaining agricultural lands of importance in the agricultural district. • Utilize Hawaii's limited land resources wisely, providing adequate land to accommodate projected population and economic growth needs while ensuring the protection of the environment and the availability of the shoreline, conservation lands, and other limited resources for future generations. 5 5) Zoning: The zoning designation for the subject property is Agricultural twenty acres (A-20a). 6) Community Development Plan: The North Kohala Community Development Plan, adopted by Planning Commission Resolution No. 2 84 on September 25, 1984 does not recommend any change in the land use designation for the subject area One of the Community Land Use Objectives listed in Section 5.6 of the plan states, "New urban development in North Kohala should be focused azound Hawi and Kapaau in order to retain the existing rural character of Halaula, Halawa, Makapala and Niulii." 7) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The property is located on the north side of the Akoni Pule Highway, approximately 0.5 mile east of the Akoni Pule Highway-Hawi Road intersection, Pahoa land division, North Kohala, Island of Hawaii and identified as Tax Map Key: (3) 5-5-8: portion of 46. The project site is on a 15 acre portion of the parcel which consists of 31.21 acres. The subject property was previously utilized for sugaz cane cultivation by the Kohaia Sugaz Company between 1862 and 1973. With the closure of the sugar company, sugar cultivation on the property ceased in 1973. Between 1973 and the present, the property has been used intermittently for cattle pasturage. There property is currently vacant of any structures. 2) Lava Hazard Zone: The volcanic hazard as assessed by the United States Geological Survey for the project area is "9" on a scale of ascending risks 9 to 1 (Heliker 1990). Zone "9" is the least hazardous zone on the island with Kohala being the oldest volcano on the island which last erupted approximately 60,000 years ago. 3) Distance from the coastline: The ceastline is situated approximately 1.25 miles north of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii (ALISH) designation: The portion of the project site is designated as prime agricultural land by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. These lands have the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods. Thousands of acres of the former Kohala Sugaz Company lands were designated as prime agricultural land but have not been intensively utilized since the close of the sugar company in 1973. The subject property has only been utilized intemvttently for cattle pasturage since 1973. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The soils of the project area are classified as being of the Kohala series (KhC) and (KhE) which are well-drained silty clays that formed in material from basic igneous rock influenced by volcanic ash. The KhC soils range between 3 to 12 percent slopes while the I{hE soils range between 20 to 35 percent slopes. The Agricultural Capability Subclass rating for KhC soils is IIIe, irrigated and nonimgated, which 6 indicates "soils have severe limitations (due to erosion) that reduce the choice of plants, require special conservation practices or both." The Agricultural Capability Subclass rating for KhE soils is VIe, irrigated and nonimgated, which indicates "soils have severe limitations (due to erosion) that generally make them unsuited to cultivation and limit their use to pasture or range, woodland, or wildlife." (U.S. Soil Conservation Service 1973) 6) Land Study Bureau soil rating: The overall master productivity rating for the soils of the subject property is Class B which is described as "good". 7) Existing drainage ways or improvements: Kumakua Gulch is situated along the eastern boundary of the subject property, however, the 15 acre project site does not abut the gulch azea. There aze no other drainage ways or improvements in the vicinity of the project site. 8) Air/noise/water quality: The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption. The only other source of air pollution affecting the project site is vehicle exhaust emissions from the Akoni Pule Highway (State Highway 270). In general, however, the ambient air quality of the project area meets all federal and state standards as evidenced by its designation as an "attaimnent" area by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property are typical of a Waal residential area. Based on general observations at the project site, the site is not subject to current or projected noise levels that exceed 65 DNL (day-night average sound level, in decibels). The closest water body to the project area is the Pacific Ocean, approximately 1.25 miles north of the project site. As such, the proposed change of zone is not anticipated to have any impact on water quality. 9) Existing archaeological, cultural or historic sites on National Register or Hawaii Register: Although no archaeological survey has been conducted on the subject property, an inventory survey was conducted for parcels immediately adjacent on the north and west sides of the property. (Archaeological Inventory Survey With Subsurface Testing Report for a Property at TMK: 5-5-08: 1, 20, 43, 45, 48, 51, & 52 in the Ahupua'a of Hawi, Pahoa, and Honomakau, North Kohala District, Island of Hawaii prepared by Archaeological Consultants of Hawaii, Inc. in 1993.) These parcels share similar site characteristics to the subject property in that they are composed of relatively flat, seaward dipping slopes dissected by eroded deep gulches. These parcels were also utilized for sugar cane production for over a hundred years and utilized for cattle grazing after the sugar company closed down. The Archaeological Inventory Survey did not find any significant historic sites in the areas which had been previously cultivated in sugaz cane. Significant historic sites were encountered within Kumakua Gulch and the report included recommendations for preserving the sites within the gulch. The fifteen acre project site is situated approximately 200 feet west of Kumakua Gulch and within the relatively flat sections previously utilized for sugaz cane 7 production. Based on the findings of the Archaeological Survey on the adjacent parcels, it would be highly unlikely to find surface or subsurface archaeological resources within the project area given the prior land disturbing activities attributable to sugaz cane cultivation. Based on these conclusions, a letter dated October 12, 2005, was sent to the State Historic Preservation Division requesting a determination of "no historic properties affected" associated with the subject application. No response from the State Historic Preservation Division has been received to date. 10) Existing floraUfaunal resources (any native or exotic plants; any listed or candidate for endangered species): The entire parcel has been previously cleared and graded and utilized for sugar cane cultivation spanning the period between 1862- 1973. Since the closure of the Kohala Sugar Company in 1973, the property has been utilized for the grazing of cattle. The predominant vegetation type on the project site is characterized as pastureland which is composed of a mixed grass and herb association with scattered shrubs. Guinea grass is the primary pasture grass and Spanish clover or ka'imi is the most abundant of the herbs. Scattered within the pasture aze clumps of shrubs including Christmas berry, guava, pluchea, koa-haole and Lantana. The vegetation of the project site is dominated by introduced or alien species with no candidate, proposed, or listed threatened or endangered species as set forth in the Endangered Species Act of 1973, as amended are known from this area. Two endemic buds, the Short-eared Owl or Pueo and the Hawaiian Hawk or `Io are known to the area and are commonly found in open grasslands and agricultural lands in Kohala. A variety of exotic birds can be expected to frequent the area and include the Japanese Wlvte-eye, Zebra dove, House Finch, Common Myna and House Sparrow. With regard to mammals, the mongoose, feral cats and dogs can be commonly found in the pasturlands of Kohala. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) reviewed the potential impacts from the proposed project on their management programs and endangered species in particular. In a letter dated October 17, 2005, DOFAW stated that, "We have no objections to your project and we will not need to be consulted fiuther on your project." The pastureland vegetation is quite common in Kohala and is not well suited as habitat for any listed or candidate endangered species. 11) Scenic or coastal resources: The predominant scenic views in the vicinity of the project area are of the Kohala Mountain and the open grassland. These views will not be adversely affected by the proposed rezoning. There are no coastal resources in the immediate vicinity of the subject property. 12) Social settlement pattern for the area: The North Kohala District is very sparsely populated with a density of approximately 1 person per 13 acres of land area. Population is concentrated in and around the communities of Hawi and Kapaau which were once the center of the sugar industry's activity within the district. The former sugar cane communities remain the focal point of social and economic activity within the district. 8 Although the majority of the surrounding azea is generally utilized as pasture, there aze single family dwellings on pazcels in close proximity to the subject property. These include the adjacent property to the east (TMK: 5-5-8: 18) and to the south across the highway (TMK: 5-5-2: 24). In addition, the 21-unit Hawi Mutual Self- Help Housing project previously developed by HICDC in 2000 is situated approximately 1,000 west of the subject property. Parcels along both sides of the Akoni Pule Highway with RS-15 zoning are also situated approximately 1,100 feet west of the subject property. Hawi town is situated approximately % mile west of the subject property and is one of the primary urban centers in the North Kohala district. Hawi has a broad spectrum of community and business facilities including retail shops, restaurants, movie theatre, post office and gas station. The Kohala High School and Elementary School complex situated approximately 600 feet east of the subject property is within the State Land Use Urban district and zoned RS-15 by the County. 13) Economic resources of the area: The population of the North Kohala District neazly doubled between 1980 and 2000 increasing from 3,249 to 6,038.ation of 31,335 in 2000. This growth in population was a significant departure from the trend of declining population experienced in the two previous decades. The primary economic activity in the North Kohala district is agriculturally related. Cattle, nursery products and macadamia nuts are the major products with some limited activity in truck crops. Another important source of income and employment for the district is the tourism industry with most of the tourism facilities located in neighboring South Kohala. One of the major landowners in the district, the Surety Kohala Corporation is working to develop a 240-unit resort and residential development within the district adjacent to the Mahukona Harbor. 14) Laod values: Land values in the North Kohala district, as is the case in all the districts of the County, have been on the rise reflecting a tight housing and residential land market as well as a strong demand for commercial and industrial property. 1~ Land use: The State Land Use designation of the project area is predominantly agriculture. Nevertheless there are a wide variety of land uses within a % mile radius of the subject property including residential, agriculture, schools and the commercial center of Hawi town. 16) Zoning: All of the parcels immediately adjacent to the subject property are situated within the State Land Use Agricultural district and are zoned Agricultural twenty acres (A-20a). The nearest Urban designated property is the Kohala High School and Elementary School complex situated approximately 600 feet east of the subject property. Parcels within a %2 mile radius of the subject property aze zoned Single Family Residential fifteen thousand squaze feet (RS-15) and Village Commercial ten thousand (CV-10). D) PUBLIC FACILTTIES AND SERVICES 1) Description of access: Access to the subject property is provided by the Akoni Pule Highway (State Highway 270), fronting along the southern border of the subject 9 property. This highway is the primazy transportation link between the small towns of North Kohala including Hawi, Kapa'au and Niuli'i and community of Kawaihae in South Kohala. 2) Availability of water: County water is available from an existing 12-inch waterline along the Akoni Pule Highway. 3) Sewage disposal: The project azea is not situated within the service limits of the County's wastewater disposal system. The proposed project will utilize a septic system meeting with the approval of the Department of Health. 4) Solid waste: There is no municipal collection system for solid waste in the County of Hawaii. All waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. 5) Police and fire protection: The police and fire stations are situated approximately 2 miles west of the project site in Kapaau. 6) Schools: The project azea is served by the Kohala High and Elementary School complex situated approximately 600 feet west of the project site. 7) Parks: Recreational facilities in North Kohala include the County's Kamehameha Pazk in Kapaau which provides agymnasium/community center, lighted play fields and tennis courts, and a swimming pool. Recreational facilities and playfields ate available at the Kohala school complex. Parks providing ocean recreational opportunities within the district include Keokea Beach Park, Kapaa Beach Park and the Mahukona Beach Pazk. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical and telephone lines along the Akoni Pule Highway (State Highway 270). E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance sod enhancement of long term productivity: The project area has been previously utilized for sugaz cane production fiom 1862 until 1973. With the closure of the sugar company, sugar cultivation on the property ceased in 1973 and since that time, the property has been used intermittently for cattle pasturage. Although the project area is designated as prime agricultural land by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, there are thousands of acres of land with similar site characteristics within the North Kohala district that have not been intensively utilized since the close of sugar operations in 1973. As such, approval of the subject State Land Use Boundary amendment and change of zone application will allow a more intensive use of the property which will result in a more efficient utilization of the land. 2) Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Impacts resulting from the proposed State Land Use Boundary amendment and change of zone aze expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. 3) Altema6ves to the proposed development: In the event that the State Land Use Boundary Amendment and change of zone application are denied, the Agricultural 10 designation and A-20a zoning will remain in place. The subject property could continue to be utilized intermittently for cattle pasturage. 4) Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented: The project azea is designated as prime agricultural land by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. Nevertheless, there are thousands of acres of land with similaz site chazacteristics within the North Kohala district that have not been intensively utilized since the close of sugar operations in 1973. As such, the conversion of these agricultural lands for an affordable housing project will not adversely affect the agricultural productivity potential of the North Kohala district. 11 BRIAN T. NISHIMCTRA, PLANNING CONSULTANT 101 AuQuui Street, Suite 217 Hilo, Hawaii 96720-4221 1'hoce: (808) 935-7692 Fax (808) 935-6126 E-mail: MoishiQa vesiwnaet October 12, 2005 Ms. Melanie A. Chinen, Adminishator State Historic Preservation Division 601 Kamokila Blvd, # 355 Kapolei, Hawaii 96707 Subject: Request for a "No Effect" determination for a State Land Use Boundary Amendment and Change of Zone Application Applicant: Hawaii Island Community Development Corporation Tax Map Key: (3) 5-5-08: por. of 46 Dear Ms. Chinen: The applicant is proposing to develop approximately 15 acres of ]and situated in thb Pahoa land division, North Kohaht, Hawaii. (See Vicinity Map and portion of Tax Plat Map) The property is located ~ the north side of the Akom Pule Highway approximately one mt7e east of the Akoni Pule Highway-Rawl Road intersection. The porperiy is situated within the State Land Use Agricaildasl district and zoned Agrictilttue by the County. The Cou~y General Plan designation for the subject area is Low Density Urban. The applicanR is proposing to develop an affordable )busing project on the subject property which-will txntsist of 48 single family dwelling amts and 32 senior housing reffial netts. The applic~r?t will submit a State Land Use Boundary (15 acres or less) s~ a change of zone applicadion to the County Planning Department to allow the affordable horsing project. The Kohala Sugar Company cultivated the property from 1862 to 1973. Since that time, the property has been used intemnilteady for cattle pashaage. Vegetation on the property is predominantly pasturo grasses. (Please see attached phaRo of the pmpeity). The subject property is not associated with nor valued by native Hawaiian people or any other ethnic group for ~Ymg out traditional practices and beliefs. The project area has been extensively altered by heavy machinery and utilized for agricultural purposes far over a hundred years. Based on the foregoing, we believe that a deteami~tion of historic properties affected' is appropriate for the proposed project Thank you for your assisf~ce in this . SQ relyp Brian T. Nrshimura, Planning Consultant ware of iio,wa N r ~u ~W+w PROJECT - Ch b N LOCATION mac'-,~ d Id wlaV T 1 V LLyM W j ~ ~ wo ~ _L i~ lar. a~ ~ m" ~ x~ ~ ~a ct •ic oeiax / .w.., ISI.Ai~D OF HAwA1 M K IPIIX I(~II VICINITY MAP nar m scvc ~l ~ ~ / ~ ~ ) ~ \ nic / - ~ f 7, S ~ I` / ~ Alfw I `IWhda / / Schools ~ I l l ~ I ~ ~ PROJECT I~ ~scnay ~ LOCATION ~ % I~canecticn ~ ) ~ / ~ / ~ ~ ~ LOCATION MAP M&E Pacific, ~C1C. Hor m 9CYE METCALF&EDDYIAECOM DAVEB PACIFlC CTIt, SiE 1808 ~ 861 BISHOP ST, MONOLUL, HAMMN 8®19 Figure 1 Location Map Trefic Impea Analysts Retrort Kohale UCC PloJafx Oclobat 20U5 -a ~ _ _ a,. is-usr ~~-.taae!ss'i ~a.5 `~€z., a- p~~'~ A. _ . x~.e.~ n .ne. a. -x i ,f - a.[ K ~.R~s ~ is ,s~F~} gP ~ p f *f ~ ~ j?~ .E; 3 E . e e x is :g i® Y ~ ! L i I ~i ~k KC; r' { f ~ ~ °F F 'i F .j ~ • y pr h. f ~ © o r ~ i~ ~ r. ~ I 69 r i f. ~ y i 4 _ ` _ y = t u 2 ~ ~ 3 L + c~ ~ : i ' a ~ _ r ~ Y O ~ 4 i I! ~ ~ o a a 1 ~ ; a +x ~ ~ A.~ ! 2 a + \ Ci ir} i t Zo ~ / 'lil Y ~ 1 ® / t 1} e C ~ E -t,,.t a ~ 3,~;~ a , I 4 ~ h e ~ / ~ Y ~2 ~ t r1}~/.tt C ~ni - ~ ~ 2 Iff 4~ I~ Qx L~ awro J~ i A ~~N ,mil ! ~ ~_i ~ F °o Oa _ ~ ~3G 3 a ~ 1 2 ~ ~ y - ~ *f ~4" Mtn ~ i ~ ~ 6~~L -{~.i ~ '~1~ i ~ ~ 41~' fl ~ ~ I~ ~ 1 n ~ -t. , _ ~ , °tA: ~Ql~' j y ; ` ~ s c'; a b 3 _ 4 1 f ~ ~ - iS ~ iYY! ` ;A ~i~^ ` 1 v'x. 3 ;x - 'r' ` ~ ~ ~ ~ .ate- ~p a e .rq,~ 5 y~~v1~y ~ ~.t. .A fQ,r,- Photo L The 3121-acre Hawaii Conference Foundation Hawi property is located along Akoni Pule Highway in Hawi. An offsite easement containing electrical lines is adjacent to the south bormdary. ~ Access is through gate at the highway. The property has been fenced since the 1980's. Rural residential and agricultural properties surround the subject property. There are no lmown generators of hazardous materials or conditions maaka of this property. S ~ Photos 2, 3. Kohala Sugar Comparry cultivated the property from 1862 to 1973. Since that time the property has been used intermittently for cattle pasturage. There have been no ]mown structures ~ the property since the 1860's. Photo 4. The property is litter free and vegetation gowth predominantly of pasture grasses. All vegetation on the property was robust and well managed. The site reconnaissance revealed no recognized environmental conditions as de5ned by the ASTM standard. The soil sampling was extensive throughout the 31 acres of the property 1 ~ FIGURE 3 Hawaii Conference Foundation • Hawi Property SITE PHOTOGRAPHS 1 I REZONE DESCRII'TION I LAND SITUATED AT PAHOA, NORTH KOHALA, I ISLAND OF HAWAII, HAWAII. Being portions of Grant 2768 to Kaaua and Royal Patent 7794, Land Commission Awazd 10,911 to Umi (portion of Lot 4-A) and a portion of Lot 175, Land Court Application 1120 (Map 32). Beginning at the southeast comer of this parcel of land and along the northerly side ofHawi- Niu]iiRoad, the coordinates of said point ofbeginning referred to Government Survey Triangulation Station "PUU-O-NALE" being 13,502.86 feet North and 7,383.16 feet East, thence running by azimuths measured clockwise from true South: 1. 102° 52' 595.33 feet along Hawi-Niulii Road; 2. Thence along Hawi-Niulii Road on a curve to the left with a radius of 2,899.79 feet, the chord azimuth and distance being: 101 ° 20' 18" 154.68 feet; 3. 192° 52' 580.00 feet along Lot 178, Land Court Application 1120; 4. Thence along Lot 178, Land Court Application 1120 and the remainder of Lot 4-A on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 195° 09' 400 feet; 5. 282° 52' 689.88 feet along the remainder of Lot 175; 6. 12° 52' 287.35 feet along same; 7. 98° 18' 87.94 feet along Exclusion 1, Land Court Application 1120; I Rezone Description Page 1 of 2 i - - 8. 1 ° 55' 693.84 feet along same to the point of beginning and containing an j area of 15.000 Acres. ,~~,`1E K./,~ 9~. LICENSED 9 ~MFESSIONAL w~~,,,g, ? LAND Natalie K. Irnata SURVEYOR No. 5B7A Licensed Professional Land Surveyor ti,' Certificate No. 5816 Exp. 04/06 H'All, t1 g' Tax Map Key: 3rd Div. 5-5-08: portion of46 i Rezone Description ' Page 2 of 2 i i e~ r Lot 178 ro ~ 4~ Off' ~O Lof 4-8 T.M.K.: 3rd Div. 5-5-08: 48 rn~ boy ° ~ x o' `gyp m-• C O Portion of i R. P. 7794, ~ x '7p, ~O L. C. Aw~~ 10,911 to Umi s ° _ - s S 92 ° 52' 580.00 n .195 ° 09' 400.00 x ° 47 3 192 ° 52' m N o tj m 2,899.79 ° ~-y D n = oq O~-s p 00, ID m n f ~ O o o N O N ~ I z N o o- cn c' 90 'oo ° f 1 Ago ° ~ <of .Z7 m fD J~ O N N i0 ° 0 fg•~69 287.35 p~4 ' ~ % 1 ~ 12 ° 52' 81 .g0,9-S ~o sntox3 .ol 1 1'~ O OH cwo rt0 yiNl x ~ • ro p ~ °wo -~~.Z7~ ° z °i _ O "~tm VO G + D Ul ~ C a a r3_fl o o~ = ap eNl yc c o~~ 9`~ n ~ V d p,m ~ ~ oca oaoH _ ufym p V a ~c P ~c C ~ <Oryi ~ C 3 ~ _ `N~ o No ' ~ rt ~ s • '9, w o d1,a'~ .o O Q p 0 ~ Q ~ ~ pooN iMOH mc~Cz ~ 3 =~_y ~ OrtZ~ r O ~ o y ~~u s~ o ~~•pi Q rt~N QG z Q £ tNVq^s 's iii SAO o - ~O ~ ~ ~ ~ ~°dNM GMs rysa~ c° Epp a ? ~ ~ ~ Oz ~ c + Z ~ o D =;0 =ZO~ O;O~ j 3 rt ~ ~1 ~ C z,_~...3 0 7' ~ a O ~ Q o ,o G. e ~ e roQdo x+ <v my N7 N 7C ~ ~ D 0 s m' o o»uDi Oa3 p O ~ °a ~ m~ s° Fn ^p C S o+ rns Za A O'0 ~ O O n 0 o. g,Q p "O 0 0 0 O m o° c ~ ~ W~aa ~ xsn° p P ~ to N ~ o ehoM 3 j O O ~n A 'r, ° c LIST OF SURROUNDING PROPERTY OWNERS TMK: 5-5-8: 18 TMK: 5-5-8: 18 TMK: 5-5-8: 18 Robert Hazbottle, ETAL Roberta Degrandis, ETAL Alan Lundberg, ETAL C/O Benjamin Hazbottle 1480 Queens Road PO Box 1192 2341B Palolo Ave. Los Angeles, CA 90069 Kapaau, Hawaii 96755 Honolulu, Hawaii 96816 TMK: 5-5-8: 18 TMK: 5-5-8: 24 Nancy Lloyd, ETAL State of Hawaii TMK: 5-5-8: 25 PO Box 261 Office of the Superintendent, DOE Akina Family Partnership Hawi, Hawaii 96719 PO Box 2360 Roadway parcel Honolulu, Hawaii 96804 (no tax billing address) TMK: 5-5-8: 43 and 52 TMK: 5-5-8: 42 TMK: 5-5-8: 47 & 59 Reardon Family TR Cynthia Potter Steven Westnun TR Attn. Paul Reardon/Norah Johnson PO Box 1606 Chizuko Westrum TR 1841 Carmelita Kapaau, Hawaii 96755 PO Box 369 Laguna Beach, CA 92651 Kapaau, Hawaii 96755 TMK: 5-5-8: 48 & 51 TMK: 5-5-2: 23 & 24 TMK; 5-5-2: 24 Surety Kohala Corp. Surety Kohala Corp. Marian Reyes PO Box 249 PO Box 249 PO Box 291 Hawi, Hawaii 96719 Hawi, Hawaii 96719 Kapaau, Hawaii 96755 TMK: 5-5-2: 24 TMK: 5-5-2: 89 fuse Soarer, Jr. County of Hawaii TMK 5-5-15:33 PO Box 322 Water Commission Hawaii Electric Light Co. Inc. Kapaau, Hawaii 96755 345 Kekuanaoa St., Ste. 20 1200 Kilauea Ave. Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hatry Kim o!!,~ William Takaba Mayor rP.~~~:~ ~ Finance Director Nancy E. Crawford ~ Deputy Director t• oi`H~+ County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Centcr, 101 Pauahi Street, Suite 4 • Hilo, Hawaii 96720-4224 Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 Collections (808) 961-8282 76-5706 Kuakini Highway • Suite 112 • Kailas-Kona, Hawaii 96740 Fax (808) 327-3538 Appraisers (808) 327-3542 Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE (rev. 07/99) Date: November 22, 2005 TMK(s): (3) 5-5-008-046-0000 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 December 31.2005. This clearance was requested on behalf of Hawaii Conference Foundation for the County Planning Department and is issued for this/these parcel(s) only. l~~~~~----.._. Wesley Mundon REAL PROPERTY TAX DIVISION Hawaii County is an Equal Opportunity Provider and Employer JM~v ar u'k j.,. h„4. Harry Kim Barbara Bell Mayor ; Direcfor _ Nelson Ho Deputy Direcfor ~nunt~r of ~~.futtii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720.4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : December 27, 2005 To CHRISTOPHER 1'UEN, Planning Dl eto~ From: BARBARA BELL, Director ~ J Subject: State Land Use Boundary Amendment Application (SLU OS-000007) Request: Agricultural to Urban Change of Zone Application (REZ OS-000028) Request: A-20a to RS-7.5 Applicant: Hawaii Island Community Development Corporation TMK: 5-5-8:portion 46 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Counci] Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: TECHNICAL SERVICES COMMENTS: ADD (t6uti, ~i Q~~~,1f~~ ~ ~ SOLID WASTE COMMENTS: ( ) No comments ( )Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( )Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( )Ample room should be provided for implementation of a recycling program. ( ) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( )Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to t~hefdepa~rtment on current status. /~A,yt,~~/~,Gi~'~/a"vf, , ( )Other: p~~ OU9549 EXHIBIT cc: SWD, TSS ~ 7822 MtV•Of M tyf,!•`-^ ~."~r, Barbara Bell Jjr, Director Harry Kim Mayor Michael Dworsky P.E. ~f•,; e•:~` Solid Waste Division Chief 1rI ~~M'+ County of Hawai `i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupunf Street, Room 210 • Hilo, Hawa~ i 96720-4252 (808) 961-8083 • Fax (808) 961-8086 October 13, 2003 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. 4. Identification of the proposed disposal site and transportation methods for tfie various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. CONCUR: Barbara Bell DIRECTOR ,,.r o. ua c°?~iS-~-~ ~~~.°s Harry Kim Darryl J. Oliveira Mayor Fire Chief oi:~~y': Desmond K. Wery - Deputy Fire Chiej .J ~DUntp of ~abuai`f FIRE DEPARTMENT 25 Aupunt Street • Suite 103 Hilo, Hawaii 96720 (808)96]-8297 • Fax (808)961-8296 January 5, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLNEIItA, FIRE CHIEF SUBJECT: State Land Use Boundary Amendment Application (SLU OS-000007) Request: Agricultural to Urban Change of Zone Application (REZ OS-000028) Request A-20a to RS-7.5 Applicant: Hawaii Island Community Development Corporation Tax Map Key: 5-5-8:portion 46 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 apparatus access roads shall be required For every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings aze completely protected with an approved automatic fire sprinkler system, the provisions of this section maybe 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 10301 (b). = p\I COG,` * os4` Nmuai'i County is an Equal Opportunity Prouider and Employee E X H I B I ¦ Christopher J. Yuen January 5, 2006 Page 2 " 3. When there aze not more than two Group R, Division 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 maybe required when it is determined by the chief that access by a single road maybe 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 cleazance 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 appazatus 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 apparatus access. "(f) 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 appazatus access road shall be as approved by the chief" (45 feet) "(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length shall be provided with approved provisions for the fuming azound of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to cazry the imposed loads of fire appazatus. "(j) Grade. The gradient for a fire appazatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen January 5, 2006 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with LTFC 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 which buildings or portions of buildings are 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 Yanks, water mains or other fixed systems capable ofproviding 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 appazatus by roadways meeting the requirements of Section 10.207. LIVEIIZA Fire C 'ef JCPapc PATRICIA HAMAMOTO LINDA LINGLE suPERINlENOENT GOVERNOR . u ' 9~% p~ Y!O 2006 ,IRN 17 Pfd 2Z PLANNlPJca iJ~~P,IRTMENT ~..,.,,.,N~°® COUNTY OF HAWAII STATE OF HAWAII DEPARTMENT OF EDUCATION P.o. sox zaso HONOLULU, HAWAI'19680d OFFICE OF THE SUPERINTENDENT January 13, 2006 Mr. Christopher J. Yuen Planning Director County of Hawaii ] Ol Pauahi Street, Suite 3 Hilo, Hawaii 46720 Dear Mr. Yuen: SUBJECT: Application for State Land Use Boundary Amendment and Change of Zone for an 80-Unit Housing Project, North Kohala, TMK: 5-5-08: por. 46, (SLU OS-000007) (1tEZ OS-0000281 The Department of Education (DOE) has reviewed the applications for a housing subdivision in North Kohala. The DOE responded to a request for consultation on the project on October 28, 2005. A copy of our letter is attached. We did not receive a response to our question whether school-age children would be allowed to live in the senior housing units. If school-age children can reside in the senior housing, the proposed project for 80 residential units wilt have an impact on the schools serving the area. We ask the County of Hawaii to impose a school fair-share contribution condition. If school-age children are prohibited from living in the senior units, the remaining 48 units fall below the threshold for the DOE to request a school fair-share condition. We would appreciate clarification on the matter. The DOE appreciates this opportunity to review these applications. If you have any questions, please call Heidi Meeker of the Facilities Development Branch at 733-4862. Very tmly yours, ~ r ill fd1 ~ ('atricia Hamarp o l Superintendent PH:Iy Attachment c: Clayton Fujie, Deputy Superintendent ; i,, ®(~~'7~rJ Assistant Suprintendent, OBS Duane Kashiwai, Facilities Development Branch 1, Art Souza, CAS, Honokaa/Kealakehe/Kohala/Kona Complex Areas E X~ B~~ AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER (sHRAIINCiIk i'RPMGA HhM0.M0Y9 w~ ar Efli1L-v' f 7, w ea .'+,.q. . ~ FACI~..lTIE~ CC~~Y STATE OE HAWAII CVEFAA7M£NT (}F Eat/CAT!(?N Fa e~zaan: It„^NpLVIU.IiaWxpl fiBESM fJFFICECf TMr iUVkHW'feN7~N? C?ctobtr 2S, 2th)5 Mr. Brian'1'. Nishimura Planning Cnnsulrant 101 Aupuni Street, Rcwm 21 ~ Hilo, M,awai'i 96720-221 Dear Mr. Nishimttrs: Subject: Cansultatian on an 80-Unit Mousing Project, Pahaa, Nanh Kohaia K: 5.5-0$: twr. 46 7"ht Thrpartrrttnt of Education (CNJF?) is respartding to your letter of October 12, 2t)0~, r~uesting comments an a proposed housing projtct in Notch Kohala. fhe l~)E: will need to know ufiether school-ago children u111 be allowed to live in the 32 units of proposed senior hauling. That would determine whether the l~t)F, would ask far a school fair-chart condition. fhe IMF requests that the principals of Kahala Eltrnentary and Kohala High be cantitwally notifitd during the construction phase w be aware of possiblt traffic detaars, heavy equipment operations, and other events that could impact school activities. l'he f)OC^ would like safe, dtsigrtated pedestrian access from tfie proposed project to the schools which preferably avoids walking along tht Akoni Pate Mighway. if you have uny questions, phase cal! }tat Loci, Assistant Superintendent of the OiTict a?'Httsiness Smices, at Sb6-344A nr lleidi Meekerof tht Facilities C)eve}opment Aranch at 733-4fth?. Very truly yours. ke ' ~atrlllii Hamamuto Superintendent I'H:iv Rae l,aui, Asst. tiupt., t)l35 A+t Sartre, t'AS, lianakaa Kealakclttr`Kahala~ Kann (~amptex Area Atd ArFU?r~nT~~dE nr; T~Gw nwt's EOFlAi, aPPCaatz,Nil'ti thtt~+.c~~ Hawaii Island Community Development Corpora~i"d~n~ 24 Ply 4 06 100 Pauahi Street Suite 204, Hilo, HI 96720 p~N~rh -n t Ur HAWAiI 7anuary 24, 2006 Mr. Chris Yuen, Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Subject: State Land Use Boundary Amendment and Change of Zone Applications SLU OS-000007/REZ OS-000028 TMK: 5-5-8: portion of 46 Deaz Mr. Yuen: Based on our conversations with the Department of Water Supply it is our understanding that they will be able to provide only 30 units of water for this project at this time. Additional water commitments maybe available once certain system improvements are implemented. In spite of this situation, we would like to proceed with the rezoning of the property with the understanding that actual development of the property will be limited to the water available at that time. We believe that this approach will expedite the delivery of affordable housing units both now and in the future. Please call me if you have any questions concerning this. Sincerely Yours, tL ~ t I Z ~ Keith Kato Executive Director Copy: Brian Nishimura Pc.~,~„~ Rosso EXHIBIT Mtv or p Zuu~ta~~t~3 ± 3a Dixie Kaetsu Ma or Managing Director Y PLANNN~Ji ,:;,-?~RTMENT COUNTY 01= HAWAII ~r` °'r"'~• ~ountp of ~aYnat`i 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 January 19, 2005 Milton Pavao, Water Manager Department of Water Supply 345 Kekt7anao`a Street, Suite 20 Hilo, Hawaii 96720 Dear Milton: As we have discussed, Hawaii is currently in a housing crisis. Most of our residents have been priced out of the housing mazket. The problem is particularly severe in some districts. The county government wants to help well-planned projects that will relieve this problem. The Planning Department is currently reviewing a proposal by the Hawaii Island Development Corporation for a state land use boundary amendment and change of zone for 15 acres neaz Hawi, T.M.K. No. 5-5-8:por.46, from an A-20a zone to an RS-7.5 zone. The applicant proposes to develop 48 self-help single-family housing units and 32 senior rental units. The applicant pledges to market 51% of the self-help units to families earning less than 80% of the median family income on the island, and a portion of the remainder to families in the 80%-140% of median range. This is a follow-up to the highly-successful self-help housing project that HIDC developed nearby. The senior housing y~ould also address an urgent need. At this time, there is normally no water available for rezonings in North Kohala because of the desire to be able to serve existing lots of record. In recognition of the current crisis, DWS has expressed its willingness to make some limited amounts of water available for bona-fide affordable housing that meets critical needs, if supported by the county administration. This letter is a request to free up water availability for this very needed and very worthwhile project. Without projects like this, it will be impossible for people of ordinary means live in North Kohala. The applicant has expressed their willingness to accept controls on the overall usage of water in their project, and the Planning Department will make sure that binding conditions are attached to the rezoning to make sure that it is developed as an affordable project. I would truly appreciate your • help with this. A ~~~~~~5 arry Kitlfr ~1 ,,,L MAYOR E X~I B I ~'J~-? 0~.4®'7 S cc: Christopher Yuen, Planning Director Fla •uai ~ r~nunh, is an Pnua nnnnrtiinily nrnvil{Pr anf{ PmnlnvPr RHIIsIandComDevCorp-SLU05-007.jwd 01-31-06 COUIoTTY OF I~Wr~II PLAIoTI~TIl~TG DEPAIZ°T1VIEi~1'I' RLCO 1~ATI01o1 HAWAII ISLAND COIVI1VdUNITY DEi~ELOPI~ENT CORPORATION STATE LAND USE BOUNDAR3~ A16~El~DiVIENT APPLICATION (SLU OS-000007) Upon careful review of the request, the Planning Director is recom>rnending that a favorable recoaa~anendation for the State Land Use Boundary Anaendl~aent 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 approval of the reclassification frown the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 20g, Hawaii Revised Statutes, nor will the reclassification actions be inconsistent with the Ilawaii Land Use Coananission Rules, the Hawaii State Plan anal the County General Plan. The applicant is requesting a State Land Use Boundary Amendment from the Agricultural to Urban District for 15 acres of land to develop an affordable housing project with 48 self-help single family dwelling units and 32 senior housing rental units to help address the existing demand for affordable housing units in West Hawaii. The applicant recognizes the growing needs for the region and seeks to provide the community with further affordable housing and senior rental housing that takes advantage of the site's positive physical and regional attributes. By targeting the project area for affordable housing, the applicant is seeking to meet urban expansion needs in a manner that is in agreement with the long-range community plans as expressed in the County General Plan. The reclassification action would conform to the following goals, objectives and/or policies of the housing eleanent articulated in the Hawaii State Plan: The request would be consistent with the following goals, objectives and/or policies articulated in the Hawaii State Plan as it will provide greater opportunities for Hawaii's ATTACH : Conr[l. 7 65 Bills 249 and 250 -1- people to purchase or rent an affordable home in an area in which housing has become scarce and costly. • Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals, through collaboration and cooperation between government and nonprofit and for-profit developers to ensure that more affordable housing is made available to very low-, low-, and moderate-income segments of Hawaii's population. • The orderly development of residential areas sensitive to community needs and other land uses. • Effectively accommodate the housing needs of Hawaii's people. • Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. The reclassification action would co~aform to the following goals, policies and standards of, among others, the Land Use and housing Elements of the General Playa. The Urban District request would be consistent with the goals, polices and standards of the Land Use-Single Family Residential and the Housing Elements of the Hawaii County General Plan by creating affordable residential housing opportunities and increasing the housing supply for residents of the 1Vorth Kohala district. 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 Low Density Urban and allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses and the overall residential density maybe up to six units per acre. The applicant is proposing to develop an affordable housing project with -2- self-help single family dwellings and senior housing rental units. The proposed request will help address the demand for affordable housing in the West Hawaii area and will facilitate the development of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure for this area. The area under consideration is consistent with the urban form established for this section of the North Kohala District as depicted on the LUPAG Map. The applicant has also submitted a Change of Zone application to reclassify the project site from an Agricultural (A-20a) to aSingle-Family Residential-7,500 square feet (RS-7.5) zoned district in order to allow the development of the affordable housing and senior rental housing project to help address the needs of the community. The subject property is located along the Hawi-loliulii Road and within close proximity to fIa~vi Town and several residential neighborhoods. Therefore, the lands could be characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties consist of a variety of residential neighborhoods, several schools, the commercial center of Hawi Town and some vacant lands. To the west is a property zoned A-20a and further west are properties zoned RS-15 and CV-10 located in Hawi town. To the east are properties zoned A-20a and RS-15. The Kohala Elementary and High Schools are located 600 feet to the east in a RS-15 zoned property. Lands to the north and south are larger agricultural lands zoned A-20a and A-Sa, which consist mainly of agricultural uses with scattered dwellings. An Urban classification would complement the existing and future residential land activities of the surrounding properties. The urban classification also conforms to the standard that the development is evithin reasonable proximity to centers of trading and eYnployment and to basic services such as schools, police and fire protection, transportation systems and vo~ater. Access to the proposed development would be from the Hawi-Niulii Road, which is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of--way. Water can be made available for the development from an existing 12-inch waterline that runs along Hawi-Niulii Road. Although there are only 30 units of water -3- available at this time, the development will construct the additional single family units as additional water units become available to the project site. The project site is not situated within the service limits of the County's sewer system and will utilize a septic system meeting with the approval of the Department of Health. Electricity and telephone services are available to the site. The nearest police and fire station is located approximately 2 miles from the project site. Based on the foregoing, the request conforms with the Land Use Commission Rules which encourages urban developments in close proximity to centers of trading and employment, existing developments and to existing services and facilities. The project area includes lands with no severe geological or topographical problems which cannot be properly rectified or which would reaaeler the land unusable. The project area is located outside of any tsunami inundation area. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Based on the above findings, the approval of the State Land Use Boundary Amendment from Agricultural to Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County General Plan. The accompanying draft bill to amend the State Land Use Boundaries Maps for the County of Hawaii is provided for your favorable consideration. -4- VN$~'Oi M~QY 40'~„ - ~ COLTN°I''Y O]F ~-iA~1AI`I STA°I°~ O~ IIA~IAI`I PE Og NP BILi. NO. OI~INANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT PAHOA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-008:PORTION OF 046. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Pahoa, North Kohala, Hawaii, shall be Urban: Beginning at the southeast corner of this parcel of land and along the northerly side ofHawi-Niulii Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU-O-NALE" being 13,502.86 feet North and 7,383.16 feet East, thence running by azimuths measured clockwise from true South: 1. 102° 52' 595.33 feet along Hawi-Niulii Road; 2. Thence along Hawi-Niulii Road on a curve to the left with a radius of 2,899.79 feet, the chord azimuth and distance being: 101 ° 20' 18" 154.68 feet; 3. 192° 52' 580.00 feet along Lot 178, Land Court Application 1120; 4. Thence along Lot 178, Land Court Application 1120 and the remainder of Lot 4-A on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 195 ° 09' 400 feet; 5. 282° 52' 689.88 feet along the remainder of Lot 175; 6. 12° 52' 287.35 feet along same; 7. 98° 18' 87.94 feet along Exclusion 1, Land Court Application 1120; 8. 1 ° 55' 693.84 feet along same to the point of beginning and containing an area of 15.000 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- N A rrcultura! Urban Agricultural g Ag 'culture! W E S U Agricu t Agric Itura AGRI L Agricultural Agricultural TO URBAN 15.000 AGRES ' U Urban Agricultural $ i>~'~'~~~f.•}rfi::ti+r;}i/{;:j; ~r?;i:};:;iii~i~i~' %:~f rid:~ ~ { ffiti?Y r •i:~ ~ ::ti f~lY~;~ri ~f: Q{ ~//~.~w. r ~~C,:~'iiii::? is i:' ; ii:}.:>{iii{iiiiii:: . 6:r4:iYiii ~:;i.:;~:i~}:;.??}r i{'i:. 'fri::}; •lp: }i w:n r:;iii;i'i iii"•:{.jh}'i,:j~x.{.;;; ;•i y;:: y • ri ..+~;r>~•r r ley i~..~ :~:s ' jc.;:,;~.,...::::' Urban U a Agriculturad '?>r%>Y?~~:<?.:' g o Urba ~Qgrrc Rural AKO o 13 502.86 N Urban Urban _.___i 7, 83.15 E Urban Ur an Agri ultural Urban Agn Mural Agricultural 540 270 0 540 1 080 1 620 2160 2 700 Fee; I AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM TOME AGRICULTURAL TO THE URBAN DISTRICT AT PAHOA, NORTH OCOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 5-5-008:POR. 046 Date: December 7, 200 EXHI~!'T "d~" (Hawaii Island Community Development:05-158) RHIlslandComDevCorp-REZOS-028.jwd 01-31-06 COUNTY OF IIA~VAII PLANNING DEPARTIVIENT I~COIO~IIMENDATION IIAV6~AII ISLAND COMMUNITY' DEVELOPMENT CORPORATION CHANGE OF ZONE APPLICATION (REZ 05-000028) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for the Change of Zone request from an Agricultura120-acre (A-20a) to a Siugle-Family Residential (RS-7.5) district for 15 acres be fot°vvarded 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 State Land Use Boundary Amendment from the Agricultural to Urban District for 15 acres of land and a Change of Zone from an Agricultural (A-20a) to aSingle-Family Residential-7,500 square foot (RS-7.5) district for 15 acres of land. The applicant is proposing to develop an affordable housing project with 48 self-help single family dwelling units and 32 senior housing rental units to help address the existing demand for affordable housing units in West Hawaii. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed change of zone from an Agricultural (A-20a) to a Single- Family Residential (RS-7.5) zoned district will conform to the General flan Land Use Pattern Allocation Guide (LUPAG) Map for this area. 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 Low Density Urban and allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses and the overall residential density maybe up to six units per acre. The applicant is proposing to develop an affordable housing project with self-help single family dwellings and senior housing rental units, which will address the demand for affordable housing in the West Hawaii area. This change of zone request will facilitate the development of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure for this area. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kohala. The proposed request from an Agricultural (A-20a) to a Single Family Residential (RS-7.5) zoned district will conform to the goals, policies and standards of, among others, the Land Use (General and Single Family Residential) and Dousing Elements of the General flan. The request will be compatible with the adjacent urban types of uses, such as the Kohala Elementary and High Schools, and the single-family residential zoning situated in Hawi Town, and along Honomakau Road, Union Mill Road and Kynnersley Road located near the proposed request. The request conforms to the projected needs of urban growth for this area and is consistent with the following goals, policies and standards of the Land Use Element of the General Plan: LAND USE ~ GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 2 • 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 proposed request will add 48 self-help single-family dwelling units and 32 senior housing rental units to help address the strong demand for affordable housing in the North Kohala and West Hawaii area. The specific condition of the rezoning ordinance will allow more flexibility, but still require that the project be predominately affordable. The condition requires that the project generate affordable housing credits equal to 100% of the units developed. The units proposed for sale at the 80% of the median level will earn 2.0 credits each under Section 11-5(c)(4), for example. There is a severe shortage of affordable housing in North Kohala. The median sales price for asingle-family home in 2005 was $745,000.00, the highest of any district on the island. Thus, a favorable recommendation of this request will conform to the following goals and policies of the Land Use-Single Family Residential and Housing Elements of the General Plan: L~1D USE --SINGLE F~IVIILY I2ESIDE1eT'TIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that takes natural beauty into consideration. • To enhance the overall quality of life in our residential communities. • Encourage and coordinate with the State in providing fee simple and leasehold single-family residential lots to the residents through State and/or County Housing Programs. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals, policies, and standards. 3 HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choice. • Increase rental opportunities and choices in terms of quality, cost, amenity, style and size of housing, especially for low and moderate income households. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. • Create viable communities with affordable housing and suitable living environments • Make affordable housing available in reasonable proximity to employment centers. • Encourage and expand home ownership opportunities for residents. • Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families. • Ensure that adequate infrastructure is available in appropriate locations to support the timely development of affordable housing. • Work with, encourage and support private sector efforts in the provision of affordable housing. • Encourage the development of affordable retirement communities. Therefore, based on the above, the proposed request is consistent with the goals, policies and standards of the Land Use (General and Single Family Residential) and the 4 Housing Elements of the General Plan, and conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for this area. The requested change of zone is also generally consistent with tl~e community planning document for this portion of 10Torth Kohala. Adopted on November 3, 1986 by Hawaii County Council Resolution No. 291 86, the North Kohala Community Development Plan designates the area for small scale agricultural uses and existing residential uses. The proposed request for the new urban development project will be centered around Hawi Town and will be creating housing choices and short-term construction employment choices for North Kohala residents. Although the plan is outdated, the request conforms to the following community land use objectives of the plan: • New urban development in North Kohala should be focused around Hawi and Kapaau in order to retain the existing rural character of Halaula, Halawa, Makapala and Niulii. • Promote and encourage development which provides both short-term and long term improvements to the District's economic base through employment choices, housing choices and provision of goods and services. 'The requested change of zone will not create a significant adverse impact upon the natural resources of the area. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies a majority of the project site as "Prime Agricultural Lands" with the remainder of the site being unclassified. The Land Use Study Bureau's Overall Master Productivity Rating for the soil is "B" or Good. Soils within the project site consist of Kohala silty clay, 3 to 12 percent slopes (KhC). While the project site is situated within the County's Agricultural-20a (A-20a) zoned district and is identified as prime agricultural land with good soil, it is not currently being used for active or intensive agricultural purposes other than pasture activities. Thousands of acres of the former Kohala Sugar Company lands were previously utilized for sugar cane cultivation between 1862 and 1973 and were designated as prime agricultural land. 5 The lands have not been intensively utilized for agricultural activities since the close of the sugar company in 1973. Although the soil type would have been justified putting this property in the "Important Agricultural Lands" LUPAG category, this is the type of area referred to on Page 14-8 of the General Plan: "Certain areas that could have been classified as Important Agricultural lands have been placed within urban land use categories. Generally, these are adjacent to existing urban areas. This represents a decision that the orderly development of those urban areas justifies the eventual conversion of those lands to urban use." The rezoning of this 15-acre area from an A-20a to a RS-7.5 zoning designation will not be detrimental to the reduction of the agricultural land inventory in the County of Hawaii as the property has not been intensively used for agricultural purposes for a long period of time and is designated for urban growth. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kohala. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kohala area for urban types of uses. `l~here are no significant adverse impacts that may be generated by rezoning of the project site to a iZS-7.5 zoned district upon public utilities and facilities. Potential impacts have been identified and assessed and appropriate mitigative measures will be incorporated within dais favorable recoiaaiaaendation. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, police and fire protection. Access to the proposed development would be from the Hawi-Niulii Road, which is a State highway that has a 22-foot pavement with paved shoulders within an 80-foot right-of--way. A Traffic Impact Analysis Report (TIAR) was conducted by M&E Pacific, Inc. in October 2005, which concluded that the proposed project would generate a relatively small number of trips that would not adversely affect traffic on Akoni Pule Highway. The levels of service with the proposed project would be considered acceptable and no mitigating actions are required. 6 Water can be made available for the development from an existing 12-inch waterline that runs along Hawi-Niulii Road. Although there are only 30 units of water available at this time, the development will construct the additional single family units as additional water units become available to the project site. The project site is not situated within the service limits of the County's sewer system and will utilize a septic system meeting with the approval of the I3epartment of Health. 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 Kumakua Gulch is situated along the eastern boundary of the subject property, yet the 15-acre project site does not abut the gulch area. The property is also located outside of any tsunami inundation area. As is typical of similar types of rezoning requests, approval of the accompanying change of zone request will require the applicant to prepare and secure approval of a Solid Waste Management Plan prior to the issuance of Final Subdivision Approval for the proposed development. Electricity and telephone services are available to the site. The nearest police and fire station is located approximately 2 miles from the project site. 'The proposed request is not contrary to Chapter 205A, I~avvaii Revised Statues, relating to Coastal Zone l0~anageflnent. The property is not located in the Special Management Area. The project site is located approximately one mile from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Thus, it is not anticipated that the proposed request will have any adverse impact recreational resources in the area. Therefore, no action is necessary to protect these rights. The proposed request dvill not have a significant adverse impact to traditional and customary ~iawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akcai 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 7 the site: Investi atg ioneof 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 for cattle grazing, 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 r~otect 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, approval of this change of zone request from Agricultural (A-ZOa) to Single Faanily Residential°7,500 square feet (-7.5) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Zone Map), 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. 8 d~t~wos ~'~!b 4®'~Ci~ :iii T T~~rT ~j ~r ss,~ r¦py 4rt~Of ~HA•?e BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA 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 SINGLE FAMILY RESIl7ENTIAL (RS-7.5) AT PAHOA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-5-008:PORTION OF 046. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 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 Pahoa, North Kohala, Hawaii, shall be Single Family Residential (RS-7.5): Beginning at the southeast corner of this parcel of land and along the northerly side ofHawi-Niulii Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU-O-HALE" being 13,502.86 feet North and 7,383.16 feet East, thence running by azimuths measured clockwise from true South: 1. 102° 52' 595.33 feet along Hawi-Niulii Road; 2. Thence along Hawi-Niulii Road on a curve to the left with a radius of 2,899.79 feet, the chord azimuth and distance being: 101 ° 20' 18" 154.68 feet; 3. 192° 52' 580.00 feet along Lot 178, Land Court Application 1120; 4. Thence along Lot 178, Land Court Application 1120 and the remainder of Lot 4-A on a curve to the left with a radius of 350.00 feet, the chord azimuth and distance being: 195° 09' 400 feet; 5. 282° 52' 689.88 feet along the remainder of Lot 175; 6. 12° 52' 287.35 feet along same; 1 7. 98° 18' 87.94 feet along Exclusion 1, Land Court Application 1120; 8. 1 ° 55' 693.84 feet along same to the point of beginning and containing an area of 15.000 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 COlOiDITIONS) SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: A-20a N A- Oa A-20a W E S - a AGRICULT -20a) TO R 15 SIN£~LE-FAMILY RESIDENTIA 5 15.Q00 ACRES fir;,; •}{r r'~$~~iiii• ' ~'ir iii##.. ;w~. c.:rf,rr..: R 15 ~ ~;:.;~;;::;::;•y •:lg rr,... ~ f~::•;e,. ,yg RS 15 ~ AK® A-20a o r - 5 ! 13 502,86 N RS-i5 _...._...a 7, 83.16 E " UE1-0-MALE'°st - CN-1o A-5a RS-15 RS i5 A-20a A-5a A-5a A-20a A-2 x A-2 a 540 270 0 540 1080 1620 2160 2 700 x201 I I AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), SY CH.ANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO SINGLE-FAMILY RESIDENTIAL (RS-7.5) AT PAHOA, NORTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 5-5-OOS:POR. 046 Date: December 7, 200 ~XH'~IT (Hawaii Island Community Development:1187) _ _ _ .