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HomeMy WebLinkAboutCOM 0906.000 2004-2006 +SY OI N~ Harry Kim jy'' Dixie Kaetsu Mrs}or ; ~ Mrsnrsging Director r Barbara Kossow •..~r ~AR'o~~M~~? Deputy Mnnngtirg Director County of Hawaii 25 Aupuni Stree[, Room 215 • Hilo, Hawaii 967204252 • (808) 961$21 I • Fax (808) 961b553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 3293226 Fax (808) 3265663 May 8, 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: Mate Land Use Boundary Amendment Application (SLU 06-000008) Request: Agricultural to Rural Change of Zone Application (REZ 06-000031) Request: A-Sato RA-2 Applicant: Scott T. Nakahara Tax Map Key: 6-2-9:17 Change of Zone Application (REZ 06-000033) Applicant: Thomas E. Shockley Request: A-20a to A-l0a Tax Map Key' 7-3-48:5 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, Harry Kim Mayor Enclosures cc: Planning Department agq?19u~ Comm. No. I~ w ~r _ liawai'i County rs an Equal Opportunity Provider and Employer ~,y.1fA Ref. To: Ref. Cate ~.,~1~~(Y O! IJ~=' County of Hawaii PLANNING COMMISSION Aupuni Center • 10I Pauahi Street, Suite 3 • Hilo, Hawai `i 96720 Phone (808)961-8288 • Fax (808)961-8742 May 8, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: State Land Use Boundary Amendment Application (SLU 06-000008) Request: Agricultural to Rural Change of Zone Application (REZ 06-000031) Request: A-Sato RA-2 Applicant: Scott T. Nakahara Tax Map Key: 6-2-9:17 The Planning Commission, after a duly held public hearing on April 21, 2006, voted to recommend for your approval the proposed legislative bills to change the State Land Use District from Agricultural to Rural and the district classification from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.9 acres of land located along the south side of Kawaihae Road (Highway 19) with access from Kanehoa Place, Kanehoa Estates Subdivision, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicant is also requesting a concurrent Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a). Hawaii County is an Egual Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- halfacre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The property was created on Apri129, 1985 as one of 27 lots in the Kanehoa Estates Subdivision. Surrounding lands are zoned A-Sa and RA-2a and located within the State's Agricultural and Rural Districts. The Anekona Estates Subdivision (Final Subdivision Approval granted on October 23, 1990 for 36 lots) is located immediately to the west (makai) of the Kanehoa Estates Subdivision. The Kamuela Plantations Subdivision, consisting of ten lots, is located to the east and the Waimea Landmark Estates Subdivision, consisting of twenty-six lots, is located to the north across Kawaihae Road. These subdivisions include mixed residential uses and vacant lands. From 1998 to present, the County Council approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A-Sa to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. Currently, there are more than twenty similar requests approved by the County Council. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- halfacre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..." The proposed boundary amendment is for residential-agricultural uses that are compatible Stacy Higa, Chairman and Members of the County Council Page 3 with the Rural designation. The applicant has stated that the 5.9-acre parcel will be subdivided into two residentiaUagricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) policies of the General Plan; • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Rural. The new Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The Kanehoa Estates Subdivision, as well as adjacent subdivisions, includes a mix of residential and limited agricultural activities. This boundary request would allow a rural development for residential- agricultural uses that will complement the existing and future residential-agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the two proposed lots is from Kanehoa Place, a private roadway with a 50-foot right-of--way with l6 feet of asphalt paving and grass swales. County water is available to the site. As this area is not serviced by a municipal sewer system, the existing dwellings utilize individual wastewater systems approved by the Department of Health. Underground electrical, telephone and cable services are available to the property. The closest police, fire and emergency facilities are located in Waimea, approximately six (6) miles east of the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", outside of the 500-year flood plain. The site slopes in a southerly direction at an Stacy Higa, Chairman and Members of the County Council Page 4 approximate grade of 5 to 10 percent. While the property is within the State Land Use Agricultural and County's Agricultural (A-Sa) zoned districts, the property is fully developed and not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property aze classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such agricultural activities from being conducted on the site. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not situated within the Special Management Area. It is located approximately six (6) miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the azea. Because the property is fully developed with two dwellings, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Finally, the reclassification action would conform to the following goals, objectives andfor policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development ofresidential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: Stacy Higa, Chairman and Members of the County Council Page 5 (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii throw the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Change of Zone The applicant is requesting a Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.9 acres of land to subdivide the property into two lots. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to a Rural district. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from A-Sato RA-2a will conform to, among others, the Land Use (Single Family Residential) policies of the Genera] Plan: Stacy Higa, Chairman and Members of the County Council Page 6 • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Rural. This designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The County Council has previously approved land use reclassifications in the Anekona Estates Subdivision, Kanehoa Estates Subdivision and Kamuela Plantations Subdivisions to the State Land Use Rural district and Residential-Agricultural zoning. From 1998 to present, the County Council approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A-Sato RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. The property was created on Apri129, 1985 as one of 27 lots in the Kanehoa Estates Subdivision. Surrounding lands are zoned A-Sa and RA-2a and located within the State's Agricultural and Rural Districts. These lands are in residential uses and/or vacant with minimal agricultural activities. A favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. Should this request be approved, the applicants may normally apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling maybe constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow atwo-lot subdivision with one dwelling on one lot, the potential to allow four (4) dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition Stacy Higa, Chairman and Members of the County Council Page 7 is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. As the property is fully developed, no agricultural activities are currently being conducted on the site. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property slopes in a southerly direction at a slope of approximately 5 to 10 percent. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such agricultural activities from being conducted on the property. Access to the property is from Kanehoa Street, a private roadway with a 50-foot right-of--way with 16 feet of asphalt paving and grass swales. Similar change of zones may occur in the area, creating home sites and placing additional traffic burden on Kawaihae Road. Therefore, conditions of approval have been included to ensure that the requested road improvements be planned for either through a Federal transportation program or a fair share contribution towards roads. The site is serviced by County water. As there is no municipal sewer system in the area, the existing dwellings utilize individual wastewater systems approved by the State Department of Health. Underground electrical, telephone and cable services are available to the site. Police, fire and emergency facilities are located in Waimea, approximately six (6) miles east of the property. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately six miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property is fully developed, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is Stacy Higa, Chairman and Members of the County Council Page 8 not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, the approval ofthe Change of Zone request from an Agricultural 5-acre (A-Sa) to a Residential and Agricultural 2-acre (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the State Land Use Boundaries Map for the County of Hawaii and Section 25-8-7 (North and South Kohala District Zone Map), of the County Zoning Code are transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, C. Ki meda, Chairman Planning Commission Lnakahara02PC Enclosures ccx Mr. Gregory R. Mooers Mr. Scott Nakahara Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BNakaharaSLUREZ.doc-3/8/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SCOTT T.NAKAHARA STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000008) CHANGE OF ZONE APPLICATION (REZ 06-000031) SCOTT T. NAKAHARA has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.9 acres of land. The property is located along the south side of Kawaihae Road (Highway 19) with access from Kanehoa Place, Kanehoa Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-9: 17. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A-Sato RA-2a to subdivide the property into two lots. (Exhibit 1 - State Land Use Boundary Amendment and Change of Zone applications) 2. Landowners: Scott T. Nakahara Trust and Susan S. Nakahara Trust. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Rural. 5. County Zoning: Agricultural 5-acre (A-Sa). 6. Ghana Dwellings: Ghana dwellings may be allowed in the proposed State Land Use Rural District and County RA-2a zoned district. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 8. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is located approximately six miles from the nearest coastline and not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is a rectangular shaped lot approximately 5.9-acres in ATTACH: Come. 906 Bills 289 & 290 size located in the Kanehoa Estates Subdivision. The property is fully developed with two single-family residences and astorage/shop azea and was previously used as an office and shop azea for a construction company. Prior to its use as an office site, the parcel was used for pasturing animals. The property slopes in a southerly direction at an approximate grade of 5 to 10 percent. 10. Kanehoa Estates Subdivision: The property was created on April 29, 1985 as one of 27 lots in the Kanehoa Estates Subdivision. 11. Adjacent Land Uses: The adjacent property to the east, west and south are zoned A-Sa, and properties to the north across Kawaihae Road aze zoned A-3a. 12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-Sa and RA-2a zoned districts. The Anekona Estates Subdivision (Final Subdivision Approval granted on October 23, 1990 for 361ots) is located immediately to the west (makai) of the Kanehoa Estates Subdivision. The Kamuela Plantations Subdivision, consisting often lots, is located to the east, and the Waimea Landmazk Estates Subdivision, consisting oftwenty-six lots, is located to the north across Kawaihae Road. These subdivisions include mixed residential uses and vacant lands. 13. Previous Approvals: From 1998 to present, the County Council has approved similar requests for State Land Use Boundary Amendments from the Agricultural to Rural Districts and Change of Zones from A-Sato RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. There aze more than twenty similaz requests approved by the County Council. 14. ALISH: Unclassified. 15. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor". 16. U.S. Soil Survey: Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. 17. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 18. FloralFauna Resources: I3o formal floralfauna study was submitted, as the site has been fully developed. The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. Common animal species in the azea -2- include field mice and mongoose. According to the applicant, there is no known or recorded rare or endangered animal or plant life in the area. 19. Archaeological Resources: Since the property was previously used for pasturing activities and is currently fully developed, the applicant states that it is expected that no azchaeological or historic features exist on the property. By letter dated October 23, 2005, the applicant requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (HPD). 20. Cultural or Native Gathering Rights: According to the applicant, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 21. Public Access: None that traverses the property. 22. Traffic: In a memo dated February 21, 2006, the Department of Transportation has stated that "the cumulative effect of the continued approval of such applications will result in an adverse traffic impact on Waimea-Kawaihae Road (Route 19) at the intersections with Kanehoa Street and Anekona Street." PUBLIC UTILITIES AND SERVICES 23. Access: Access to the site is from Kanehoa Place, a private roadway with a 50-foot right-of--way with 16 feet of asphalt paving and grass swales. 24. Water: County water is available to the site. 25. Wastewater: There is no municipal sewer system in the area. All lots in the azea dispose of wastewater through individual wastewater systems. The existing dwellings utilize individual wastewater treatment systems approved by the State Department of Health. 26. Essential Utilities and Services: Underground electrical, telephone and cable services aze available to the property. The closest police and fire facilities aze located in Waimea, approximately six (6) miles east of the site. 27. Recreational Facilities: The Waimea Park and Anuenue Playground are located in Waimea. Spencer Beach Pazk is approximately (6) miles west of the site. AGENCIES' COMMENTS 28. Department of Public Works: Exhibit 2 -February 27, 2006 memo 29. Department of Environmental Management: Exhibit 3 -January 31, 2006 memo 30. Fire Department: Exhibit 4 -February 10, 2006 memo -3- 31. Department of Transportation: Exhibit 5 -February 21, 2006 memo 32. Department of Health: Exhibit 6 -February 16, 2006 memo 33. State Land Use Commission: Exhibit 7 -February 6, 20061etter AGENCIES - NO OBJECTIONS 34. Police Department AGENCIES AND ORGANIZATIONS - NO RESPONSES 35. Department of Water Supply, Civil Defense Agency, Department of Land and Natural Resources Land Division and Historic Preservation Division, Natural Resources Conservation Service, Anekona Community Association APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 36. Exhibit 8 -March 2, 2006 letter PUBLIC COMMENTS 37. None as of this writing. -4- Post Office Box ! 101 MOOERS Kamuela, Hawaii 967-13 ENTERPRISES LLC ~h°ne ~so8~ 8so-1456 ~ Faa(808) 880-1456 LGlrid USC flltErnGdIIVCS grnooers~q)hawaii.rr.com STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural CHANGE OF ZONE APPLICATION Agricultural 5-acre, Previously Unplanned to Residential Agricultural 2-acre Owners and Applicants: Scott T. Nakahara Trust Susan S. Nakahara Trust TMK: (3) 6-2-009:017 Lot 17 of Kanehoa Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises, LLC January 2006 EXHIBIT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Scott T. Nakahara PETITIONER'S SIGNATURE: ~ ~ ~G ATE: 10/24/05 ADDRESS: 62-2244 Kanehoa Street, Kamuela, Hawaii 96743 PETITIONER'S INTEREST IF NOT OWNER: Trustee, co-owner TELEPHONE: (Bus.) 775-7294 (Res.) 885-0060 (Fax) LANDOWNER(S): Scott T. Nakahara Trust and Susan S. Nakahara Trust LANDOWNER SIGNATURE(S): - ~~,Nt, DATE: l0/24/05 (May be by letter) ADDRESS: 62-2244 Kaneti a Street - Kamuela, Hawaii 96743 TAX MAP KEY: (3) 6-z-009:0 t 7 STREET ADDRESS OF PROPERTY: 62-2244 Kanehoa Street ZONING: Agricultural 5-acres (A-Sa) SIZE OF PROPERTY: 5.900 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT: Gregory R. Mooers ADDRESS; M F ternriaes i i P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.) 880-1454 (Fax) 880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Scott T. Nakahara (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Scott T. Nakahara APPLICANT'S SIGNATURE: c--'~j~~i~9'71 DATE: 1024/05 i ADDRESS:62-2244 Kanehoa Street Kamuela, Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: Trustee, co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)775-7294 (Res.)885-0060 (Fax) LANDOWNER(S): Scott T. Nakahara Trust and Susan S. Nakahara Trust LANDOWNER SIGNATURE(S): 5h~cti~l7.c~a`vc~ DATE: 10/24/05 (May be by letter) LANDOWNER(S) ADDRESS: Same as above. REQUEST: Agricultural 5-acres (A-Sa) 7~p Residential-Agricutural 2-acres (RA-2a) (Existing caning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-009:017 STREET ADDRESS OF PROPERTY: 62-2244 Kanehoa Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.900 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.)880-1455 (Res.)880-1454 (Fax)880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Scott T. Nakahara (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COONTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If des, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.900 b Into what lot sizes? 2+acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? immediate d. Do you intend to build houses on the newly created lots? Built If~es, please answer the following questions: On how many of those lots? 2 At what approximate price range? House Lot Total Built Approximately how long, after approval of the subdivision, would the first house be available for occupancy? occupied If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? b• Sell or lease the land to someone who has tentative plans? ~ Sell or lease the land to someone who has no plans? d. Keep it? e. P. D. 2 5/84 f• If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? No How? 9. Are there any buildings on the subject area? Yes If so, what kind? Two single-family residences and a shop building. What do you intend to do with those buildings if your request is approved? They will remain the single-family dwellings for the owners/applicants. 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? ~ Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d• Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do nct intend to subdivide the subject land for so;,,e sorz o_ agricultural purpose, please state your other reasons. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. g• Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes y• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X X b. Roads X ~ Sewer X d. Drainage -3- Yes No e. Police Protection X E. Fire Protection X X g. Recreational Facilities X h. Public Utilities r_ Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ Address: 62-2244 Kanehoa Street Telephone: 775-7294 Date : October 24, 2005 -9- Nakahara Boundary Amendment and Change of Zone Request TABLE OF CONTENTS Page STATE LAND USE BOUNDARY AMENDMENT APPLICATION CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS i I. GENERAL INFORMATION 1 II. SUBJECT REQUEST/PROPOSED DEVELOPMENT 2 III. CONFORMANCE WITH STATE AND COUNTY PLANS A. State Land Use Designation 2 B. Applicable Goals/Policies and Objectives of the General Plan........ 5 C. General Plan Designation 6 D. County Zoning Code 7 E. Special Management Area 7 F. Chapter 205A: Coastal Zone Management Act 7 G. Mountain Access 7 IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting 8 Historic Resources 9 Cultural Resources 10 Natural Resources (Flora-Fauna) 10 Social-Economic Characteristics 10 Surrounding Lands 11 i Nakahara Boundary Amendment and Change of Zone Request V. PUBLIC FACILITIES AND UTILITIES A. Location 11 B. Water Service 11 C. Utilities I1 D. Wastewater Disposal 12 E. Police Services 12 F. Fire Services 12 G. Public Recreation 12 H. Schools 12 VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity :................................12 B. Mitigative measures proposed to avoid, minimize, recta or reduce impact 12 C. Alternatives to the proposed development.• 12 D. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented 13 VII. PROPOSED FINDINGS 13 VIII. EXHIBITS A. Request for "No Effect Letter from SHPD B. LocationJVicinity Maps C. Change of Zone Exhibit D. Site Photographs ii Nakahara Boundary Amendment and Change of Zone Application STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: Scott T. Nakahara Trust and Susan S. Nakahara Trust TAX MAP KEY (3) 6-2-009:017 Lot 17 Kanehoa Subdivision Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five-acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.900 acres) is located in the Kanehoa Subdivision on the north side of Kawaihae Road approximately across from the 62 mile mazker in Ouli, South Kohala, Hawaii TMK: 6-2-009:017 I. GENERAL INFORMATION The subject property is owned in fee by the Scott T. Nakahaza Trust and the Susan S. Nakahara Trust. Together they are the owners and applicants. II SUBJECT REOUEST/PROPOSED DEVELOPMENT: A. The applicants are proposing to redistrict a 5.900 acre pazcel from the agricultural district to the rural district and change the zone from Agricultural 5-acre (A-Sa) to 1 Nakahara Boundary Amendment and Change of Zone Application Residential-Agricultural 2-acres (RA-2a) to allow the subdivision of the property into 2 residential-agricultural lots in confonnance with the new zoning designation. B. The site presently is fully developed with asingle-family residence located on each of the proposed lots and astorage/shop area on proposed lot 17-B. This lot was previously owned by Doug Schilling of Schilling Construction. This building was used as his office and shop azea. This site has been used previously and periodically to pasture livestock. The property has previously been graded to facilitate its use for pasturing animals and for subdivision purposes. Please see the site photographs . C. The 5.900 acre lot is a roughly rectangular shaped lot located between Kanehoa Street on the south and Kawaihae Road on the north. Please see the vicinity maps and rezoning exhibit in the Exhibits. D. Access to the proposed subdivision is from Kanehoa Street for both of the proposed lots. Kanehoa St. has a 50' wide ROW with 16' of asphalt paving and grass swales. E. There will be no interior roadways as both lots have direct access, off of Kanehoa Street through the existing paved driveway. Please see the change of zone exhibit. F. Underground utilities are provided to each of the proposed 21ots from the Kanehoa Subdivision's existing infrastructure that presently serves the site. G. No construction is proposed as a result of this action as both proposed lots are fully developed with single-family residences. H. There will be restrictive covenants developed for recordation on the two proposed lots that will prohibit second dwellings to preserve the residential-agricultural ambience. III. CONFORMANCE WITH STATE AND COUNTY PLANS: A. State Land Use Designation: The State Land Use District Classification of the subject pazcel is Agricultural. One component of this request is to re-district the Agricultural property to the Rural District. It should be noted that since 1985, pursuant to State law, the Counties are allowed to process amendments to the district classification if the land azea is less than 15 acres. In this case the subject parcel consists of 5.312 acres so no Land Use Commission ratification is needed. 2 Nakahara Boundary Amendment and Change of Zone Application According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an azea for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general chazacteristics of the aeeas; (2) Activities or uses as chazacterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services aze absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which aze surrounded by, or contiguous to this district, and aze not suited to low-density residential uses for small farm or agricultural uses. The proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 squaze feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for vaziance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that aze compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low- density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or 3 Nakahara Boundary Amendment and Change of Zone Application is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regazd to housing shall be directed towazds achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential azeas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a vaziety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. B. Applicable Goals/Policies and Objectives of the General Plan: LAND USE Through the cazeful analysis and examination of past and present situations, the following goals, policies, and standazds aze set forth to physically plan the lands in 4 Nakahara Boundary Amendment and Change of Zone Application the County in the best interest of the island's residents. GOALS • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environrnents of the County. POLICIES • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. HOUSING GOALS • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • The cornerstone of the County's housing programs and activities shall continue to be the encouragement and expansion of appropriate home ownership opportunities for our residents. POLICIES • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. 5 Nakahara Boundary Amendment and Change ojZone Application • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standazds and criteria for the establishment of these azeas shall be developed. APPLICANTS' RESPONSE: The proposed action will be the best classification for these lands and in the best interest of the island's residents. The rural designation and RA-2a zoning is the appropriate designation as it has access to community services, employment centers and necessary utilities. The proposed action meets the needs of the Waimea community by providing residential- agricultural type lots and is in balance with the physical and social environment. The proposed action is consistent with the General Plan and the surrounding zoning and land uses. The Council has consistently supported Rural designations and uses for this subdivision and the immediate area surrounding the subject property. C. General Plan Designation: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Rural uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including 6 Nakahara Boundary Amendment and Change of Zone Application the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. D. County Zoning Code: The original zoning for this parcels was Unplanned, but upon the approval of the new zoning code on December 7, 1996, all Unplanned zone property was re- designated as Agricultural 5-acre (A-Sa). One component of this request is to change the zone of the property to Residential-Agricultural 2-acres (RA-2a) E. Special Management Area: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA permit. F. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately six miles from the shoreline surrounded by a regional roadway system and rural-residential subdivisions and vacant land. The proposed use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. G. Mountain Access: The subject property is surrounded by the regional roadway system vacant lands and rural-residential subdivisions. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. Nakahara Boundary Amendment and Change of Zone Application IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING: Physical Characteristics/Environmental Setting: A. The 5.900 acre lot is a roughly rectangular shaped lot located between Kanehoa Street on the south and Kawaihae Road on the north. Please see the location map and rezoning exhibit in the Exhibits. B. The property's Kanehoa Street frontage is approximately 25 feet. Please see the site plan in the exhibits. C. Annual rainfall for the area is between 20 to 35 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. D. The site is slopes from its northern boundary down to the southern boundary at an approximate grade of 5-10%. E. The site presently is fully developed with asingle-family residence on each of the two proposed lots. The site has been previously used periodically for pasturing animals. Please see the site photographs in the exhibits. F. The U. S. Geological Survey has categorized the island into nine zones of comparative hazazd rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity of hazard. The U. S. Geological Survey designates the subject property as "Lava Hazazd Zone 8"; Only a few percent of this area has been covered by lava in the past 10,000 yeazs. G. The site is located approximately six miles from the ocean at Spencer Park. H. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has no classification for this property. L The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils aze gently sloping and most areas aze extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of 8 Nakahara Boundary Amendment and Change of Zone Application bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. J. The Land Study Bureau's overall master productivity rating system classifies the soil as Class "E" or Very Poor for agricultural use. K. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the property is in Zone "X", an area outside the 500-year flood plain. There is a drainage easement depicted on the site plan that was established at the time Kanehoa Subdivision was created. This easement will be reflected on all subdivision maps. Historic Resources: Since the site has been fully developed and previously grazed by cattle and extensively graded for development, it is expected that no azchaeological features exist on the property or that it provides a habitat for endangered plants or animal species. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. The applicants have written a letter to the State Historic Preservation Division requesting a determination of "no effect" for the proposed action. A copy of that letter is in the Exhibits. Recent archaeological assessments in this subdivision have led to "no effect" letters from SHPD. 9 Nakahara Boundary Amendment and Change oJ~Zone Application Cultural Resources: According to the owners and neighbors, no valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. Natural Resources (Flora-Fauna): The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. As previously mentioned, the site has been grubbed and fully developed for the existing single-family dwellings and was formerly used for pasturing animals. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. Social-Economic Characteristics: Social settlement pattern for the area: Waimea, along with the rest of South Kohala, has undergone significant change over the past two decades as resort development along the South Kohala coastline has grown and the base facilities for astronomy reseazch have been developed in town. This area has been a ranching community for many years, the home of Pazker Ranch and many smaller cattle operations. Farmers have settled in the azea to grow truck crops for the Big Island and the rest of the state. There aze retirees from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii Preparatory Academy has attracted many families with their national reputation as a high- quality college preparatory school. Economic resources of the area: This ranching community is the home of numerous ranching and farming activities. Many residents are actively engaged in commercial agricultural activities. More recently residents have found employment at the resorts on the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened ]o Nakahara Boundary Amendment and Change of Zone Application and this has provided a number of employment opportunities in the health caze and related fields. Hawaii Prepazatory Academy and Parker School aze valued resources for the area. Waimea is also the host town for the headquarters of the Keck and CFH telescopes located atop Mauna Kea. Land Values: According to knowledgeable Realtors in this azea, similar residential- agricultural 2-acre lots in this immediate azea sell for $350,000 to $375,000. Surrounding Lands: Land Use/Zoning: Of the adjacent parcels, some are in the State Rural District and zoned RA-2a by the County. There are twenty-eight other properties similarly zoned in the Kanehoa and Anekona Estates Subdivisions. The remaining surrounding properties aze located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west. The Ouli Subdivision further to the west is zoned A-la and is presently undeveloped. There is a small State classified urban azea located immediately below the site that hosts an affordable housing project, Ouli Ekahi and the self help housing project. The uses of the property in the immediate area aze rural-residential in character with minimal agricultural activities. V. PUBLIC FACILITIES AND UTILITIES A. The property is located between Kanehoa Street on the north and Keanuiomano Stream on the south. Kanehoa Street is a private 50' wide right-of--way with 16' of asphalt paving and grass swales. B. The existing two homes are serviced by Department of Water Supply water presently and each has its own meter. C. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Kanehoa Subdivision. It Nakahara Boundary Amendment and Change of Zone Application D. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The existing homes utilize individual wastewater treatment systems previously approved by the State Department of Health. E. The nearest police station is located six miles east of the site in Waimea. F. The neazest fire station is located six miles east of the site in Waimea. G. The nearest public recreation facility is Waimea Park and Anuenue Playground located five miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. H. Public schools (6 miles east) and private schools (3 miles east) provide educational services to the azea. VL ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long- term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: No construction is proposed by this action as homes were already built on the property. Any further construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. Any structures and infrastructure improvements constructed will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated in accordance with agency requirements. C. Alternatives to the proposed development: One alternative to the proposed action would be to leave the pazcel undivided. This alternative would retain the ownership of the two homes as one entity. 12 Nakahara Boundary Amendment and Change oJZone Application D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The proposed action will not result in any commitment of natural resources as both dwellings have already been constructed. The conditions applied to this request would help insure the protection of the natural and cultural resources on the property. There aze presently no such conditions placed on the property. VII. PROPOSED FINDINGS: Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; no impact on public facilities and services; no impact on the environment; the applicants request a favorable consideration of these boundary amendment and change of zone applications. 13 Nakahara Boundary Amendment and Change of Zone Applications EXHIBIT A Request for "No Effect" Letter from SHPD r Post Uftice t3os 1101 f MOOERS ICamuela. Hawaii 96743 ENTERPRISES LLC Phone (808) 880-1455 Fax (808) MO-1456 Land U,ee Alternatives 1,RnooersChawaii.rr.eom ' October 23, 2005 ! Mary Anne Maigret State Historic Preservation Division 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 ' Re: Archaeological Clearance TMK: (3) ti-2-009:017 Kanehoa Subdivision ' Ouli, South Kohala, Hawaii Mary Anne: I am processing a boundary amendment and change of zone request for the property identified above which is located in the Kanehoa Subdivision. I have been required by the Planting Department to either get a "no effect" letter from your Division or do an inventory survey for the subject property. There have been numerous change of zone applications in this subdivision that have been processed ' without inventory surveys. A previous archaeologist with your division, Marc Smith, has written "no effect" letters for these changes of zone actions. You have also previously issued "no effect" letters. The ' subject property is fully developed with two single-family residences. Some of the lots in this subdivision have been surveyed, and in all cases the consulting archaeologist and your office determined there were no historic sites affected by the proposed action. By this letter I am requesting that you issue a "no effect letter" for the change of zone requested for this property. I would like to spare the applicant the expense of what I believe to be an unnecessary survey or assessment. ' Should you require additional information or have any questions, please contact me. I appreciate your prompt response to this request fora "no effect" letter. Sincerely, Grego . Mooers President (iRM:JY ' Copy: Christopher Yuen, Planning Director ' Nakahara Boundary Amendment and Change of Zone Applications EXHIBIT B Location/Vicinity Maps Nakahara Boundary Amendment and Change of Zone Applications ` V' TRUE~NOR~ ~o scue: ' KANEHOA STREET t Y° o ~ D a x z n ` Z 2 2 1 c o m o n ~ ~ ~ s y ~ &v O A ~ ~ ~ ~ z OULI STREET b 'v z 3 ~ ~ r VICINITY MAP SCALE: 1 INCH = 500 FEET I ' Nakahara Boundary Amendment and Change of Zone Applications 1 ~ EXHIBIT C ' Change of Zone Exhibit e i; NAWNNaE_WAWG ROAD IPAP. MW ~i-4 _ ;A~ ~ _ ~ ~ L ,@~i s 'M Rtl:' vo {i bC n ry n ~ae .b e: << 5 - ~ g ~pppY NANENOA SUBDIVISION iii U Ly~ €E ¢u`= ~04~ r~ ~u .w 1 NFM~UIOILWB 38~ Af d 3' . 3 1bµJ n W'-' KA WAINAE-WAIMEA ROAD (F.A. P. NRH 11-C) _ ~a _ ~ Y 11 ~s ~ wdFa~S~ _ _ ~ q p NN g §'p E9 ~ o w o ~ c ~ ~ Y ~ ~ c a~ o .3 s~ o ~ a = 0 O Q4 0 0 m ~ - a C7 Zti~Z ~ o= \ ? ~0p~ 3 ~ o ti ~ Qly U O c i ~ W Y O N ~ O ri U y_ ~ ~ ~ o ~ N ~ Q ~ - z cV o z o o N ~ ~ W s ~ ~ O N ° N ~ ~ ~ 1 ~j ^ 's ^U ~ ~ o - s °o c a ~ o s p ~ ~ ~ ~ i A O k C 0 J t fir g y4~~ _ sWO~w^ LOT JO (PR~VAIE ROAD) ~ ~ ~Nx E ~ R ' ~ t ~ B. i s a g (9NIN07 °S-d) (JN/NOZ °S-V) ~ n N ~ ~ a o ~ 4 z_~~ ' Nakahara Boundarv Amendment and Change of Zone Applications EXHIBIT D ' Site Photographs ` Nakahara Boundary Amendment and Change of Zone Applications l SITE PHOTOGRAPHS F~~~~ i i I ' Sin le Famil Dwellin on Lot A. i I ~ , ry u. x I I Single Family Dwelling on Lot 13. i ' Nakahara Boundary Amendment and Change of Zone Applications ` SITE PHOTOGRAPHS 55' ~..t ~4 .u r.... . 1 { I i Shop Building on Lot B 1 I 1 1 DEPARTMENT OF PUBLIC WORKS 1 P~! ~~OUNTY OF HAWAII HILO, HAWAII PLAfVh,IIP'G v:~r'~~,13TMENT COUNTY' OF HAVJAI! DATE:February 27, 2006 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief ,g, Engineering Division SUBJECT Change of Zone Application (REZ 06-000031) State Land Use Boundary Amendment (06-000008) Applicant: Scott T. Nakahara Location: Ouli, S. Kohala, HI TMK: 3 / 6-2-09:017 We have reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. The access road serving the subject property is private. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-RICO PLNG-KONA EXHIBIT Hawaii County is an Equal Opportunity Provider and Employer a,MtY Oi „~i 'j pt~ 4• P006 FEQ,erry K1M ~ I 1 ~ ~ 7 Barbara Bell Mayor ~ Director P~arvr:r:~ ; ~ ; runt ..e.;: col.ur~~i r o;= wawauM `ai Nelson Ho Deputy Director Cnnun#~ of ~txf~~ii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Nllo, Hawaii 96720.4252 (808) 961-6083 • Fax (808) 961-8086 MEMORANDUM Date : January 31, 2006 To CHRISTOPHER YUEN, Planning Director From: BARBARA BELL, Director Subject: State Land Use Boundary Amendment Application (SLU 06-000008) Request: Agricultural to Rural Change of Zone Application (REZ 06-000031) Request: A-Sato RA-2 Applicant: Scott T. Nakahara TMK: 6-2-9:17 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 Council 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: p iJll~ TECHNICAL SERVICES COMMENTS: ~ /~,>t1y/,(~ ~Q,~ ~~1, Y~/l,~ G~,-~R. 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 the department on ( )current status. - -w~~'~~ Other: A 'B CC: SWD, TSS Hawaii County is on equal opporMniry provider and employer. 7960 J„tV Or yq~ Harry - ' Darryl J. Oliveira MaYO FEB 13 P~ , ~Q Fire Chief %;a. Desmond K. We PLA~'~II`l:i'.i ; ~ i'.1ENT 'r•a:r:+ ry Depuy Fire Chief (,vUi~ ll' ui= f-1AVVAII ~outttp of ~a~u~i`i FIRE DEPARTMENT 25 Aupuoi S[ree[ • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 Fax (808) 961-8296 February 10, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIItECTOR FROM: DARRYL OLIVEIItA, FIlZE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000008) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 065-000031) APPLICANT: SCOTT T. NAKAHARA REQUEST: A-Sato RA-2 TAX MAP KEY: 6-2-9:17 In regazds to the above-mentioned Change of Zone application, the following shall be in accordance: Water supply shall be in accordance with UFC Section 10301(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, m accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as Set forth by the respective county water requirements. All hydrants shall be accessible to the fire department appazatus by roadways meeting the requirements of Section 10.207. ARR L IRA Fire Chief ~(HIBIT q `~g~q,~ -y C1Ii Y':1pC ~ i - i~ ~REDt u..,..,.:: r.,. F,.,,,,1 n.,~„rr.,„uv prnnidvr and Fmnlnver. LINDA LINGLE c o ~ RODNEY K HARAGA GOVERNOt~Rwyn, '7 (m}} ~ a _`sls°V: DIRECTOR 2066 ~ ( AI' Ill 32 ~ ~ ` ~ DePutY Directors 54~L:,' BRUCE V. MATSUI y~~ p® BARRY FUKUNAGA rL(~'_ ` I iiI _ j:.gENT Qpam®d® BRENNON T. MORIOKA ~wUl D I Y U[ N/1VV/j~l BRIAN H SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO' DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2058 HONOLULU, HAWAII 96813-5097 February 21, 2006 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Scott Nakahara State Land Use Boundary Amendment Application (SLU 06-000008) and Change of Zone Application (REZ 06-000031) TMK: 6-2-9: 17 Thank you for requesting our review of the subject application. The proposed land use amendment, zoning change and division of the affected parcel into two lots aze similaz to other applications approved by the County in the Kanehoa Subdivision. The cumulative effect of the continued approval of such applications, will result in an adverse traffic impact on Waimea-Kawaihae Road (Route 19) at the intersections with Kanehoa Street and Anekona Street. It is our understanding that your department is aware of the pattern of change and growth in the subdivision and that the County will be responsible for implementing improvements at the above intersections. Such improvements may include, but are not limited to correcting sight distance, and providing channelization and lighting. All improvements should be made at no cost to the State and plans for construction work within the State highway right-of--way must be submitted to our Highways Division for review and approval. We appreciate the opportunity to provide our comments. Ver truly yours, (7D Y' AREA A Director d Tr nsp ation EX ~ IT E^ eek LINDA LINGLE CHIYOME LEINAALA FUKINO, M. D. g DIPECTOP OF HEALTH 9 D°YEA"°H 2006 FEB 23 PF! `i ~Z d Dye ~ PL;a' ~"ENT ~QUi ~ I'r OF i-ii~,1'dHii STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 16, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Larry K. Shiro ,;Acting District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 06-000008) Request: Agricultural to Rurai Change of Zone Application (REZ 06-000031) Request: A-Sato RA-2 Applicant: Scott T. Nakahara Tax Map Key: 6-2-9:17 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on February 1, 2006. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and ' Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.OS,the Director of Health may require the submittal of an individual permit application or a Notice EXHIBIT ~e~.~.;".~~ Christopher J. Yuen Page 2 February 16, 2006 of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at htto:/f www.hawaii. govlhealthlenviromnental/water/cleanwater/formslindiv- index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: htto alwww.hawaii. govfhealthlenvironmentallwater/cleanwater/forms/genl- index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] Christopher J. Yuen Page 3 February 16, 2006 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter I 1-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n)o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or vaziance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Wastewater Branch has no objections to the project. However, information on existing wastewater system locations was not shown on the drawings and we are unable to provide continents. Please have your engineer identify the location of all wastewater systems and their relationship to existing and/or proposed property lines to make sure they meet the minimum distances required per Hawaii Administrative Rules, Chapter 11-62 before subdivision application. WORD:SLU06-000008 REZ 06-000031.my LINDA LINGLE ~ o r h~ ANTHONY J.H. CHING GOVERNOR a' .aec, i E%ECUTIVE OFFICER m kp~ 2~i F~8 9 ~ 2 59 s ~ PiAN?~liN! D~PART1vtENT ~°`.~....,a i Y VF ~W11T~Ti STATE OF HAWAII - ~ ~-~..MENT OF BUSINESS, ECONOMIC DEVELOPMENT 8 TOURISM ' LAND USE COMMISSION P.O. Boz 2359 Honolulu, Hawaii 95804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 February 6, 2006 Mr. Christopher Yuen, Director Planning Department, County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear ivlr. Yuen: Subject: SLU 06-000008 Request: Agricultural to Rural Change of Zone Application (REZ 06-000031) Request: A-5a to RA-2 Applicant: Scott T. Nakahara Tax Map Key: 6-2-9:17 We acknowledge receipt of your January 26, 2006 memorandum regarding the above subject application. Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgment of the County of Hawaii in this matter. We have no further comments to offer at this time. Thank you for the opportunity to comment on the subject project. Please do not hesitate to contact me at 587-3822 should you require clarification or any further assistance. Sincerely, ANTHONY J. .CHING EXHIBIT Executive Officer r-y ~ ~ .Post Office 13ox~1101 ~~OERS 2~ ~flfl 3 PIS 2 19 ~h~ nfl fsosj sRCii4ss ENTERPRISES, LLC Fax see-1456 Land Use Alternatives~~-"~NNIP~I ; i~l_('f~~TMENT~,mooersC`liarvaiS:rr:com ~ f;fli IN'iY ()F HA1AtAl1 I<. , Mazch 71, 2006 Mr. Christopher Yuen Director, Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 06-008) CHANGE OF ZONE REQUEST (REZ 06-031) AGRICULTURAL 5-ACRES TO RESIDENTIAIrAGRICULTURAL 2-ACRES PETTTIONER: SCOTT NAKAHARA TAX MAP KEY (3) 6-2-009:017 Dear Mr. Yuen: Your staff has faxed me agencies' comments on the applications identified above and asked that I respond. Land Use Commission: We concur that the Land Use Boundary Amendment is under the jurisdiction of the County. Department of Environmental Management: The applicant will comply with all regulations of the Department related to wastewater and solid waste. Fire Department: The applicant will comply ~xith all provisions of the Fire Code. If you have any questions, or if additional information is required, please contact me at 880-1455. Thank you for your prompt attention to these applications. Sincerely, ~i~ Greg . Mooers President GRM:JY EXHIBIT ©11589 RNekeha~aSLU.doc-3B/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SCOTT T. NAKAHARA STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-0000081 Upon cazeful review of the request against the guidelines for granting a State Land Use Boundary Amendment, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicant is also requesting a concurrent Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a). The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general chazacteristics of the areas; (2) Activities or uses as chazacterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- halfacre in azeas where "city-like" concentration of people, structures, streets, and urban level of services aze absent, and where small farms aze intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other pazcels of land which aze surrounded by, or contiguous to this district, and aze not suited to low-density residential uses for small farm or agricultural uses. The property was created on Apri129, 1985 as one of 271ots in the Kanehoa Estates Subdivision. Surrounding lands aze zoned A-Sa and RA-2a and located within the State's Agricultural and Rural Districts. The Anekona Estates Subdivision (Final Subdivision Approval granted on October 23, 1990 for 361ots) is located immediately to the west (makai) of the Kanehoa Estates Subdivision. The Kamuela Plantations Subdivision, consisting of ten lots, is located to the east and the Waimea Landmark Estates Subdivision, consisting of twenty-six lots, is located to the north across Kawaihae Road. These subdivisions include mixed residential uses and vacant lands. From 1998 to present, the County Council approved similaz requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A-Sa to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. Cun•ently, there aze more than twenty similar requests approved by the County Council. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that aze compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- halfacre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..." The proposed boundary amendment is for residential-agricultural uses that aze compatible with the Rural designation. The applicant has stated that the 5.9-acre pazcel will be subdivided into two residential/agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) policies of the General -2- Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standazds and criteria for the establishment of these azeas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Rural. The new Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The Kanehoa Estates Subdivision, as well as adjacent subdivisions, includes a mix of residential and limited agricultural activities. This boundary request would allow a rural development for residential-agricultural uses that will complement the existing and future residential- agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundazy amendment would complement and implement the General Plan. All utilifies and services are available to the property, which are esseuttal to accommodate rural development. Access to the two proposed lots is from Kanehoa Place, a private roadway with a 50-foot right-of--way with 16 feet of asphalt paving and grass swales. County water is available to the site. As this area is not serviced by a municipal sewer system, the existing dwellings utilize individual wastewater systems approved by the Department of Health. Underground electrical, telephone and cable services aze available to the property. The closest police, fire and emergency facilities aze located in Waimea, approximately six (6) miles east of the property. The properly has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", outside of the 500-yeaz flood plain. The site slopes in a southerly -3- direction at an approximate grade of 5 to 10 percent. While the property is within the State Land Use Agricultural and County's Agricultural (A-Sa) zoned districts, the property is fully developed and not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property aze classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding azea would preclude such agricultural activities from being conducted on the site. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not situated within the Special Management Area. It is located approximately six (6) miles from the nearest coastline and therefore, will not be impacted by coastal hazazd and beach erosion. There aze no identified recreational resources, historic resources, public access to the shoreline or mountain azeas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Because the property is fully developed with two dwellings, it is not anticipated that endangered or threatened candidate species of flora or fauna aze located within the property, nor has the azea been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the azea. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. Finally, the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regazd to housing shall be directed towazds achievement of the following objectives: (l) 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. -4- (2) The orderly development of residential azeas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding azeas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -5- MtY or M y'" COUNTY OF HAWAII STATE OF HAWAII ...h.~.N'+1' •t;:: BILL NO. ORDINANCE NO. (PLANNING DEPT AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-9:17. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ouli, South Kohala, Hawaii, shall be Rural: Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly comer of Lot 15 of Kanehoa Subdivision (File Plan 1845) and being a point on the Southerly side of Kawaihae-Waimea Road (F.A.P.NRH 11-C), the coordinates of said point of beginning refen-ed to Government Survey Triangulation Station "PUU PA"being 12,210.89 feet North and 12,140.41 feet West and running by azimuths measured clockwise from True South: 1. 9° 52' 911.55 feet along Lot 15 of Kanehoa Subdivision (File Plan 1845) and along the remainder of ~ ` Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 2. 94° O1' 40" 283.41 feet along Lot 18 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 3. 189° 52' 911.55 feet along the Westerly end of Lot 30 (Private Road) and Lot 19 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 4. 274° O1' 40" 283.41 feet along the Southerly side of Kawaihae- Waimea Road (F.A.P. NRH 11-C) to the point of beginning and containing an area of 5.900 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 declazed 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 Agricultural Agricultural W E 5 AGRICULTURAL TO RURAL 5.900 ACRES r---- 12,210.89 x 12,140.41 W °PUU PA" -Tgnc°It°rat A - _-_.~-~lgrieuknra I ji I i I ~ iJ I '~RURAC ~URAL I a FJ'\~ " a~ I \`J~a~ w ~ o c~J` it ~ta~ _l~l A ~ ~ ~ Pg\~ ICI i~c0~ 'ij-- p to li p0 ~cJ\`J j III ~ I pA I III AL I KpNEHOA P , - - I ~ II I j I ~ I ~ i, ~ I I I I ~J~a i ~ ~ I I~ i I ~ la\ III pacJ~ II -RURAbII ~ \ J~a i RURAL I ~ J~~ a c ~c°~ ~ I p9 c ~ ~ p RAL ~I tMRL~ - I P°' I i I I I I I i i i, ~ ~ J I _ - I ~ - ~ I , i _ 'g Agricu/tural Agricultural a 610 305 0 610 1 220 1 830 2 440 3 050 Feet AMENDMENT TO STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT OULI, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 6-2-009:017 Date: January 25, 200 EXHIBIT "A" (Scott Nakahara.06-159) RNakahueREZ.doc-3/8/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SCOTT T. NAKAHARA CHANGE OF ZONE APPLICATION (REZ 06-0000311 Upon cazeful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Agricultural 5-acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.9 acres of land to subdivide the property into two lots. The applicant has submitted a concurrent request for a State Land Use District Boundazy Amendment from an Agricultural to a Rural district. In order to consider an azea 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 Change of Zone request from A-Sa to RA-2a will conform to, among others, the Land Use (Single Family Residential) policies of the General Plan: Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for azeas within the County. The subject area is designated Rural. This designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The County Council has previously approved land use reclassifications in the Anekona Estates Subdivision, Kanehoa Estates Subdivision and Kamuela Plantations Subdivisions to the State Land Use Rural district and Residential-Agricultural zoning. From 1998 to present, the County Council approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A-Sato RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. The property was created on Apri129, 1985 as one of 27 lots in the Kanehoa Estates Subdivision. Surrounding lands are zoned A-Sa and RA-2a and located within the State's Agricultural and Rural Districts. These lands aze in residential uses and/or vacant with minimal agricultural activities. A favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. Should this request be approved, the applicant may apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the azea. Although the Planning Director supports this rezoning request to allow atwo-lot subdivision with one dwelling on one lot, the potential to allow four (4) dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition -2- is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. As the property is fully developed, no agricultural activities aze currently being conducted on the site. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-yeaz flood plain. The property slopes in a southerly direction at a slope of approximately 5 to 10 percent. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area is classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such agricultural activities from being conducted on the property. Access to the property is from Kanehoa Place, a private roadway with a 50-foot right-of--way with 16 feet of asphalt paving and grass swales. Similaz change of zones may occur in the azea, creating home sites and placing additional traffic burden on Kawaihae Road. Therefore, conditions of approval have been included to ensure that the requested road improvements be planned for either through a Federal transportation program or a fair share contribution towards roads. The site is serviced by County water. As there is no municipal sewer system in the area, the existing dwellings utilize individual wastewater systems approved by the State Department of Health. Underground electrical, telephone and cable services are available to the site. Police, fire and emergency facilities are located in Waimea, approximately six (6) miles east of the property. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately six miles from the neazest coastline and therefore, will not be impacted by coastal hazazd and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property is -3- fully developed, it is not anticipated that endangered or threatened candidate species of flora or fauna aze located within the subject property, nor has the azea been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. Based on the above findings, the approval of the Change of Zone request from an Agricultural 5-acre (A-Sa) to a Residential and Agricultural 2-acre (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala District Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -a- CNakaharaREZ.doc-3/7/06 SCOTT T. NAKAHARA CHANGE OF ZONE APPLICATION (REZ 06-000031) CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. Final Subdivision Approval of the subject property shall be secured within five (5) yeazs from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. At the time improvements at the Kawaihae Road - Anekona Street or Kawaihae Road - Kanehoa Street intersection aze made by the State Department of Transportation, the applicant(s), its successors or assigns shall pay their fair share amount for the required improvements which will be determined by the Planning Director in consultation with the Department of Transportation. F. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate azea shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. G. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. I. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), its successors or assigns, and that aze not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject azea to its original or more appropriate designation. -2- ~YY O~ H,K yl~l4. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (PLANNING DEPT) 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-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-9:17. 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 Ouli, South Kohala, Hawaii, shall be Residential and Agricultural (RA-2a): Beginning at the Northeasterly comer of this parcel of land, being also the Northwesterly corner of Lot 15 of Kanehoa Subdivision (File Plan 1845) and being a point on the Southerly side of Kawaihae-Waimea Road (F.A.P.NRH 11-C), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PIJIJ PA"being 12,210.89 feet North and 12,140.41 feet West and running by azimuths measured clockwise from True South: 1. 9° 52' 911.55 feet along Lot 15 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 2. 94° O1' 40" 283.41 feet along Lot 18 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 3. 189° 52' 911.55 feet along the Westerly end of Lot 30 (Private Road) and Lot 19 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land 1 Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; 4. 274° O1' 40" 283.41 feet along the Southerly side of Kawaihae- Waimea Road (F.A.P. NRH 11-C) to the point of beginning and containing an area of 5.900 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. (SEE ATTACHED CONDITIONS) 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: 2 N A-40a W E A-40a S AGRICULTURAL ~A•5a) TO RESIDENTIAL AND AGRICULTURAL RA-2a i2,2i6.88 N 5.900 ACRES r--i2.ia6.af w "PW PA". A-40a A-3a AIH~-RD _ _ _ A-3a A~~Sa i ~I A-Sa o i~J y II II 'BRA=Z~ BRA x ~ o A ~5a .Za ~ w A-5a j 1 i RII ~ r i A-5a I i~ A~Sa I~ I ~ II A Sa ~ I II R ~ 2a I~~, K ~NEHOA P . ~ ~ ~ ~ i II 1 ~I ~ ~ ~ A~Sa '~~I ~,I I -RA-pa II i i II RA-2a I I ~ ~ ~ ~ ~ ~ I I ~ - \ i -1~ ~ ~ I I', ~ " h ~ --~J~ 4 - ~ L__ A-Sa A-Sa A-Sa 610 305 0 610 1220 1830 2440 3OFeet 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-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 6-2-009.077 Date. Januar 25, 200 EXHIBIT "A^ (Scott Nakahara.1193)