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HomeMy WebLinkAboutCOM 1081.000 2004-2006 +<I or Harry Kim rP,k'•,~._' .4 - Dixie Kaetsu Mayor - Managing Director Pn 4 1 Barbara Kossow ti'o~ wi+~ Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 9615211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 3263663 September 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: State Land Use Boundary Amendment Application (SLU 06-000011) Request: Agricultural to Rural Change of Zone Application (REZ 06-000041) Request: A-5a to RA-2a Applicant: James and Madeleine Budde Tax Map Key' 6-2-11.20 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, 044~~ Harry Kim 1 Mayor Enclosures cc: Planning Department O Comm. No. Ref. To: B~ 339+,Lvo~ Ref. Cate SfP 19 706 10, S17P ii s+•r M 4 15 County of Hawaii c- PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 + Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 September 8, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: State Land Use Boundary Amendment Application (SLU 06-000011) Request: Agricultural to Rural Change of Zone Application (REZ 06-000041) Request: A-5a to RA-2a Applicant: James and Madeleine Budde Tax Map Key 6-2-11:20 The Planning Commission, after a duly held public hearing on August 25, 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-5a) to Residential and Agricultural - 2 acre (RA-2a) for 5.003 acres of land. The property is located along the south side of Kanehoa Street and north of Keanuiomano Stream, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The applicants are requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicants are also requesting a concurrent Change of Zone from Agricultural 5-acre (A-5a) 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 County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 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- half acre 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 October 23, 1990, as one of the original 36 lots in the Anekona Estates Subdivision. Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-5a and RA-2a zoned districts. The Kanehoa Estates Subdivision is located immediately east of the Anekona 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 has approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A-5a to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. 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- half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." The proposed boundary amendment is for residential-agricultural uses that are compatible with the Rural designation. The applicants have stated that the five acre parcel 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. Stacy Higa, Chairman and Members of the County Council Page 3 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 Anekona 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 property will be from Kanehoa Street, 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, any additional structures will 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 eight (8) 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 "Y', outside of the 500-year flood plain. The site is relatively flat with grades less than five percent, with the steepest grades on the southern portion of the site. While the property is within the State Land Use Agricultural and County's Agricultural (A-5a) zoned districts, the property is 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 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 Stacy Higa, Chairman and Members of the County Council Page 4 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 area. Because the property is developed with a single-family dwelling, 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 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 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 of residential areas 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. Stacy Higa, Chairman and Members of the County Council Page 5 (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 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. Change of Zone The applicants are requesting a Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for approximately five acres of land to subdivide the property into two lots approximately 2+ acres in size to construct a dwelling on the newly created lot. The applicants have 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-5a 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. Stacy Higa, Chairman and Members of the County Council Page 6 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-5a to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. The property was created on October 23, 1990 as one of the original 36 lots in the Anekona Estates Subdivision. The property is improved with a single-family dwelling. Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-5a and RA-2a zoned districts. These lands are in residential uses and/or vacant with minimal agricultural activities. Keanuiomano Stream borders the property to the south. 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 may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow a two-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 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 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 site is relatively flat with grades less than five percent, with the steepest grades on the southern portion of the site. 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 "B" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural Stacy Higa, Chairman and Members of the County Council Page 7 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 will be 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, any additional structures will 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 eight 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 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 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 of the Change of Zone request from an Agricultural 5-acre (A-5a) 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 SLU Boundaries Maps and Section 25-8-7 (North and South Kohala District Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code are transmitted. Stacy Higa, Chairman and Members of the County Council Page 8 We are enclosing a copy of the application and a copy of the staff background for your information. ZkL Planning Commission Lbudde02PC Enclosures cc: Mr. Gregory R. Mooers James and Madeleine Budde Department of Water Supply Department of Public Works Rodney Haraga/DOT-Highways, Honolulu State Land Use Commission Planning Department - Kona Lincoln Ashida, Esq., Corporation Counsel r HBud&SLURZA -6/29/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JAMES C. and MADELEINE T. BUDDE STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000011) CHANGE OF ZONE APPLICATION (REZ 06-0000411 JAMES C. and MADELEINE T. BUDDE have submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.003 acres of land. The property is located along the south side of Kanehoa Street and north side of Keanuiomano Stream, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11: 20. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A-5a to RA-2a to subdivide the property into two lots approximately 2+ acres in size. The applicants intend to construct a dwelling on the newly created lot. (Exhibit 1- State Land Use Boundary Amendment and Change of Zone applications) 2. Landowners: James C. and Madeleine Budde. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Rural. 5. County Zoning: Agricultural 5-acre (A-5a). 6. Ohana Dwellings: Ohana 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 ATTACH: Comm. 1081 Bills 339 and 340 Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is a rectangular shaped lot approximately five acres in size located in the Anekona Estates Subdivision. The property is improved with a single- family residence. The property has previously been graded to facilitate its use for pasturing animals and the construction of the dwelling and is relatively flat with grades of less than 5%, with the steepest grades on the southern portion of the site. 10. Anekona Estates Subdivision: The property was created on October 23, 1990 as one of the original 36 lots in the Anekona Estates Subdivision. 11. Adjacent Land Uses: Adjacent properties to the east are zoned RA-2a and the adjacent property to the west is zoned A-5a. Properties to the north across Kanehoa Street are zoned RA-2a and A-5a. Keanuiomano Stream borders the property to the south. 12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-5a and RA-2a zoned districts. The Kanehoa Estates Subdivision is located immediately east of the Anekona 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. 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-5a to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. 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. Flora/Fauna Resources: No formal flora/fauna study was submitted, as the site has been grubbed and graded in the past. The natural vegetation consists of buftle grass, -2- fountain grass, Spanish clover, prickly poppy and yellow guava. Common animal species in the area include field mice and mongoose. According to the applicants, 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 extensively graded for construction of the dwelling, the applicants state that it is expected that no archaeological or historic features exist on the property. By letter dated May 30, 2006, the applicant requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (BPD). 20. Cultural or Native Gathering Rights: According to the applicants, 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: For similar applications in the Anekona Estates subdivision, 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 Street, 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 area dispose of wastewater through individual wastewater systems. Any additional structures will utilize an individual wastewater treatment system approved by the State Department of Health. 26. Essential Utilities and Services: Underground electrical, telephone and cable services are available to the property. The closest police and fire facilities are located in Waimea, approximately eight (8) miles east of the site. 27. Recreational Facilities: The Waimea Park and Anuenue Playground are located in Waimea. Spencer Beach Park is approximately (6) miles west of the site. AGENCIES' COMMENTS 28. Department of Public Works: Exhibit 2 - June 14, 2006 memo 29. Department of Environmental Management: Exhibit 3 - June 13, 2006 memo -3- 30. Fire Department: Exhibit 4 - June 29, 2006 memo 31. Health Department: Exhibit 5 - June 22, 2006 memo 32. State Land Use Commission: Exhibit 6 - June 16, 2006 memo 33. State Department of Transportation: Exhibit 7 - June 29, 2006 letter 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 - June 26, 2006 letter PUBLIC COMMENTS 37. None as of this writing. -a- Post Office Box 1101 OOERS Kamuela, Haw, 96743 Phone (808) 880-1455 ENTERPRISES r LLC Fax (80.8) £38(1-146 Land Use Alternatives gmooers@hawaii:cr.com STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO RURAL CHANGE OF ZONE: AGRICULTURAL 5-ACRE TO RESIDENTIAL-AGRICULTURAL 2-ACRE Tax Map Key: (3) 6-2-11:020 Ouli, South Kohala, Hawaii Applicants: James C. and Madeleine T. Budde Submitted by: Mooers Enterprises, LLC May 30, 2006 EXHIBIT ' Budde Boundary Amendment and Change of Zone Applications TABLE OF CONTENTS Page 1 ' STATE LAND USE BOUNDARY AMENDMENT APPLICATION CHANGE OF ZONE APPLICATION ' CHANGE OF ZONE QUESTIONNAIRE ' TABLE OF CONTENTS ' I. GENERAL INFORMATION 2 ' II. SUBJECT REQUEST/PROPOSED DEVELOPMENT 2 ' III. CONFORMANCE WITH STATE AND COUNTY PLANS ' A. State Land Use Designation 3 B. Applicable Goals/Poficies and Objectives of the Genera] 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 8 ' 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 t Surrounding Lands 11 1 Budde Boundary Amendment and Change of Zone Applications V. PUBLIC FACILITIES AND UTILITIES A. Location 11 ' B. Water Service 12 C. Utilities 12 ' 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, rectify or reduce ' impact: 12 C. Alternatives to the proposed development 13 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. LocationNicinity Maps C. Change of Zone Exhibit ' D. Site Photographs ll I 1 STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) ' COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: James C. and Mdele' . Budde PETITIONER'S SIGNATLJF 1/;'" ATE: 5130/06 ' ADDRESS: P.O. Box 2850 Kamuela, Hawaii 96743 ' PETITIONER'S INTEREST IF NOT OWNER: Trustess, Co-owners TELEPHONE: (Bus.) (Res.) 882-1557 (Fax) LANDOWNER(S): James C. Budde Revocable Trust and M eleine T. Budde Revocable Trust LANDOWNER SIGNATURE( a ATE: 5/30/06 (May be by letter) ADDRESS: P.O. Box 2850 ' Kamuela Hawaii 96743 TAX MAP KEY: (3) 6-2-011:020 ' STREET ADDRESS OF PROPERTY: Kanehoa Street ZONING: Agricultural 5-acres (A-5a) SIZE OF PROPERTY: 5.003 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT: Gregory R. Mooers r ADDRESS: Mooer Fnternriaea, u r 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: James C. Budde ' (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) ' APPLICANT: James C. and Mad T. Budde APPLICANT'S SIGNAT DATE: 5/30/06 LI/ ADDRESS: P.O. Box 2850 Kamuela, Hawaii 96743 ' LIST APPLICANT'S INTEREST IF NOT OWNER: co-owners and Trustees LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.)882-1557 (Fax) LANDOWNER(S): James C. Budde Revocable Trust and Madele' T. Budde Revocable Trust J DATE: 5/30/06 ' LANDOWNER (j~: (Maybe by letter) LANDOWNER(S) ADDRESS: P.O. Box 2850 Kamuela, Hawaii 96743 ' REQUEST: Agricultural 5-acres (A-5a) TO Residential-Agricultural 2-acres (RA-2a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-011:020 STREET ADDRESS OF PROPERTY: Kanehoa Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.003 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: James C. Budde (See Instructions on Reverse Side) 1 ' ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject ' land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.003 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? Yes ' If yes, please answer the following questions: On how many of those lots? 1 ' At what approximate price range? House Lot ' Total $700,000 ' Approximately how long, after approval of the subdivision, would the first house be available for occupancy? exists 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? C. 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? Yes How? The proposed action will create one additional residential-agricultural lot in the South Kohala district. ' 4. Are there any buildings on the subject area? Yes If so, what kind? There is a single-family residence which is the owners home. What do you intend to do with those buildings if your request is I approved? It will remain the owners primary residence. 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? ' t• Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- 1 ' d• Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. ' Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. ' If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 1 ' B. Do you think that the roads leading to the subject area needs improvements? No ' If so, what kind? ' Is the road adequate for the proposed traffic volume or load? Yes ' 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x X C. Sewer d. Drainage x ' -3- 1 Yes No e. Police Protection x f. Fire Protection x X ' 9. Recreational Facilities X h. Public Utilities I_ Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. 1 1 Signatur I ' Address: P.O. Box 2850, Kamuela Hawari 96743 ' Telephone: 882-1557 Date: May 30, 2006 Budde Boundary Amendment and Change of Zone Applications BACKGROUND AND COUNTY ENVIRONMENTAL REPORT ' STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO RURAL CHANGE OF ZONE: w AGRICULTURAL 5-ACRE TO RESIDENTIAL-AGRICULTURAL 2-ACRE 1 Tax Map Key: (3) 6-2-11:020 ' Ouli, South Kohala, Hawaii Applicants: James and Madeleine Budde The applicants; James C. Budde, Trustee of the James Craig Budde Revocable Trust, and Madeleine T. Budde, Trustee of the Madeleine Tatosian Budde Revocable Trust, are seeking a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-5a) to Residential - Agricultural 2-acres (RA-2a) for ' a 5.003 acre parcel located on the south side of Kanehoa Street and north side of Keanuiomano Stream at Ouli, South Kohala, Hawaii, Tax Map Key (3) 6-2-011:020 These requests are made to allow the subsequent subdivision of the property into 2 ' residential-agricultural lots with related improvements consistent with the new zoning designation. ' 1 ' Budde Boundary Amendment and Change of Zone Applications 1. GENERAL INFORMATION: James C. Budde, Trustee of the James Craig Budde Revocable Trust, and Madeline T. Budde, Trustee of the Madeleine Tatosian Budde Revocable Trust are the fee owners of ' the subject property known as Lot 20 of the Anekona Estates Subdivision. ' II SUBJECT REQUESUPROPOSED DEVELOPMENT: ' A. The applicant is proposing to redistrict a 5.003acre parcel from the agricultural district to the rural district and change the zone from Agricultural 5-acre (A-5a) to Residential-Agricultural 2-acres (RA-2a) to allow the subdivision of the property into 2 residential-agricultural lots in conformance with the new zoning designation. ' B. The site presently has one single-family dwelling on proposed lot 20-B. The balance of the site is vacant and unused. 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 photograph in the exhibits. C. The 5.003 acre lot is a roughly rectangular shaped lot located between Kanehoa Street ' on the north and Keanuiomano on the south. Please see the vicinity maps and rezoning exhibit in the Exhibits. D. Access to the proposed subdivision will be from Kanehoa Street for both lots. Kanehoa Street is a private roadway with a 50' right-of-way with 16' of asphalt ' paving and grass swales, E. There will be no interior roadways as both lots will have direct access off of Kanehoa ' Street. Please see the change of zone exhibit. F. Underground utilities will be provided to each of the proposed 2 lots from the ' Anekona Estates Subdivision's existing infrastructure that presently serves the site. ' G. Construction on the newly created lot will begin at some point in the future after all governmental approvals are secured. ' H. There will be restrictive covenants developed for the subdivision that will prohibit second dwellings on each of the lots to preserve the residential-agricultural ambience ' of the area. ' 2 Budde Boundary Amendment and Change of Zone Applications 111. CONFORMANCE WITH STATE AND COUNTY PLANS: A. State Land Use Designation: The State Land Use District Classification of the subject parcel 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 area is less than 15 acres. In this case the subject parcel consists of 5.003 acres, so ' no Land Use Commission ratification is needed. 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-half acre 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 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 I5-15-25 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 square 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 ' variance may be processed under the special permit procedure pursuant to 3 Budde Boundary Amendment and Change of Zone Applications 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 are 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 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 of single-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 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 of residential areas 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 4 ' Budde Boundary Amendment and Change of Zone Applications ' services, and other concerns of existing communities and ' surrounding areas. (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. B. Applicable Goals/Policies and Objectives of the General Plan: t LAND USE Through the careful analysis and examination of past and present situations, the ' following goals, policies, and standards are set forth to physically plan the lands in 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 environments 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. G HOUSIN ' GOALS • Attain safe, sanitary, and livable housing for the residents of the County ' 5 Budde Boundary Amendment and Change of Zone Applications ' 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. • The County shall review and amend if necessary 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. ' APPLICANT'S 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 new General Plan which designates this area as "rural" 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 OATAG) Map component of the General ' Plan is a representation of the document's goals, policies, standards and courses of ' 6 ' Budde Boundary Amendment and Change of Zone Applications 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. 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 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-5a). 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. ' 7 ' Budde Boundary Amendment and Change of Zone Applications 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. ' IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL ' SETTING: Physical Characteristics/Environmental Setting: A. The 5.003 acre lot is a roughly rectangular shaped lot located south of Kanehoa Street ' and north of Keanuiomano Stream. Please see the location map and rezoning exhibit in the Exhibits. ' B. The property's Kanehoa Street frontage is approximately 236 feet, and its frontage along Kaeanuiomano Stream is approximately 347 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 relatively flat with grades less than 5%, with the steepest grades being on the southern portion of the site in the stream easement. ' E. The site currently has a single-family residence near the stream on the proposed lot 20- B, the balance of the site is presently vacant. 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 ' hazard 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 Hazard Zone 8"; Only a few percent of this area has been covered by lava in the ' past 10,000 years. 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 8 Budde Boundary Amendment and Change of Zone Applications of Hawaii (ALISH) has no classification for this property. 1. 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 of well-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are 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 ' 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 ofHualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown t extremely stony very fine sandy loam about 6 inches thick. The next layer is dark 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 on the northern portion of the site. ' Historic Resources: Since the site has been previously grazed by cattle and extensively graded for ' development, it is expected that no archaeological 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 applicant has ' 9 Budde Boundary Amendment and Change of Zone Applications 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. Cultural Resources: 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 buflle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. As previously mentioned, the site has been grubbed and 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 research have been 1 developed in town. This area has been a ranching community for many years, the home of Parker Ranch and many smaller cattle operations. Farmers have settled in the area to grow ' truck crops for the Big Island and the rest of the state. There are retirees from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns of Waimea as t 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. 1 ' 10 ' Budde Boundary Amendment and Change of Zone Applications 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 and this has provided a number of employment opportunities in the health care and related fields. Hawaii Preparatory Academy and Parker School are valued resources for the area. Waimea is also the host town for the headquarters of the Keck and CFH telescopes atop Mauna Kea. ' Land Values: According to knowledgeable Realtors in this area, similar agricultural 2- acre lots in this immediate area sell for $450,000 to $575,000. ' Surrounding Lands: Land UseJZoning. ' Of the adjacent parcels, some are in the State Rural District and zoned RA-2a by the County. There are nineteen other properties similarly zoned in the Kanehoa and Anekona 1 Estates Subdivisions. The remaining surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-5a, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-5a, is immediately west. The Ouh Subdivision further to the west is zoned A-1 a and is presently undeveloped. ' There is a small State classified urban area located immediately below the site that hosts an affordable housing project, Ouli Ekabi and a self-help housing project. The uses of the property in the immediate area are rural/residential in character with ' minimal agricultural activities. V. PUBLIC FACILITIES AND UTILITIES ' A. The property is located south of Kanehoa Street on and north of Keanuiomano Stream. Kanehoa Street is a private 50' wide right-of-ways with 16' of asphalt paving and grass swales. 11 Budde Boundary Amendment and Change of Zone Applications ' B. The site is serviced by Department of Water Supply water and presently has two meters. C. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates Subdivision. D. This area is not serviced by a municipal sewer system. All lots in this area dispose of I wastewater through individual wastewater treatment systems. The applicant proposes that any additional structures built on the subject parcel would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. ' E. The nearest police station is located eight miles east of the site in Waimea. F. The nearest fire station is located eight miles east of the site in Waimea. G. The nearest public recreation facility is Waimea Park and Anuenue Playground located seven 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 (seven miles east) and private schools (4 miles east) provide educational services to the area. VI. 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. R Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All 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 1 accordance with agency requirements. ' 12 1 Budde Boundary Amendment and Change of Zone Applications C Alternatives to the proposed development. One alternative to the proposed action would be to leave the parcel vacant and undeveloped. This would not allow the development of an additional lot for residential-agricultural purposes in this desirable area of South Kohala. It would also not increase the real property tax base as the proposed action would. ' D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented. The construction of one additional rural ' residential unit would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions applied to this request would ' help insure the protection of the natural and cultural resources on the property. There L are 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; the minimal impact on public facilities and services; the minimal impact on the environment; the applicants request a favorable consideration of these boundary amendment and change of zone applications. i i 1 ' 13 Budde Boundary Amendment and Change of Zone Applications hF7t-. LIST OF EXHIBITS IN SUPPORT OF THE BOUNDARY AMENDMENT AND CHANGE OF ZONE ' A. Request for "No Effect" Letter from SHPD B. LocationNicinity Maps C. Change of Zone Exhibit ' D. Site Photograph 2 i¢[[[s d f k~ Budde Boundary Amendment and Change of Zone Applications ,s g EXHIBIT A ~Y Request for "No Effect" Letter from SHPD ~x 1 1 ~1 Post Office Box 1101 1 MOOERS Kamuela, Hawaii 96743 ENTERPRISES LLC Phone (808)) £38 880-l4ss ~ Fax (80A0-L4,56 Land Use Alternatives ~nriooerschasaii_rr.com r May 30, 2006 Mary Anne Maigret State Historic Preservation Division ' 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 ' Re: Archaeological Clearance TMK: (3) 6-2-011:020 Anekona Subdivision Lalamilo, 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 Anekona Subdivision. I have been required by the Planning 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. You have previously issued "no effect" letters for these changes of zone actions. 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 for a "no effect" letter. Sincerely, Grego Mooers I President GRM:jy ' Copy: Chris Yuen, Planning Director ' Budde Boundary Amendment and Change of Zone Applications ' EXHIBIT B LocationNicinity Maps a i Budde Boundary Amendment and Change of Zone Applications 1 1 1 1 1 1 ~ s 2 z .LU Y Z W H~ y/bM o 1 t 1 R°°d'r 2 ftftft 13~~IS bOh'3 10 K0w°ihpe'WOimea 1 U Nb~j 1 W Q ~y 1 K E A N U 1 0 M A N 0 S T R EA M 1 1 ' Budde Boundary Amendment and Change of Zone Applications 1 p~ Y~J F y € jO x is _O N ` ~ E r i 2 x } a" `1} y h r Y~ t C 2 Flo ~ x t l , ? ~ 1j;3 R" I w o ttC 1 g a 4~3 ® ? Y € i ci f~ ° A%A i M ~ ~ e F ' Qp~ j~i Ilw j a is y z a 1a ~,r es a 1 F 1~~} I ~ ii 1 Budde Boundary Amendment and Change of Zone Applications EXHIBIT C Change of Zone Exhibit 0 4 o ~ =q~ g N ~ O g OIVy (J-I Qs la 2 E 'E n2n_O s. _ 3B eN'.1 8 / ~.yV )9 Wlq+ar% ~yey] xuvµ g t MEAN UIO NANO STREAM ,i$ J (OVON&YAINd) i YJg 3° (AOM_/ayybld '!d-OS) L A L A NI 1 1 0 133b1S VOH3NVH CC ~ c ~ a & r ~ C II N Y r Oi C 9 oY V) gT z ~ W O 3Nd ~ ~ N 6 m pr) e °co >C Zz m' Y,O i Lu co ~2 ca oZ ° w ~ Z Q Ins CL 3 ° `vQ ~ Z QO Q oo m N V O c Q~ N - Q U I O N o - ~ o 0 i~ O v 31 ~ ' C m - Nit " asria gg w 7 o> N HV32/IS U B 8 .6 ONv"OlONV3N y ° W p gg o g ~ N38 ea a V ry 77 Budde Boundary Amendment and Change of Zone Applications - 4 f ~ s ~ }}y i It f .k gK~ P ~ ~ } }l 2kn;. T t~ a`f S k x i {~fq~3 a $3 i t $ 4 { EXHIBIT D Site Photographs E i r€s I 'L z: i ' t Budde Boundary Amendment and Change of Zone Applications 1 SITE PHOTOGRAPH 1 1 1 i 1 Looking north west from Keanuiomano Stream over subject property. i 1 i i 1 1 1 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII NO ~Ifitj 1 t ~ n 1 ~ HILO, HAWAII rte'., _ yyyy DATE: June 14, 2006 TO Virginia Goldstein, Planning Director Planning Department FROM Galen M. Kuba, Division Chiety Engineering Division SUBJECT Change of Zone Application (REZ 06-000041) State Land Use Boundary Amendment (SLU 06-000011) Applicant: James and Madeline Budde Location: Ouli, S. Kohala, HI TMK: 3 / 6-2-11: 20 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 fronting the subject property is private. 4. Portions of the project area are within the Keanuiomanu Stream drainage easement; identify the easement boundaries on all site plan submittals. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO PLNG-KONA EXHIBIT 0159sq9 OOJNi 2.OF M9 Y tFT>AFr~!iCP#n C. ry!'i A L! / Barbara Bell Mayor ' Director NIT `J Nelson Ho Deputy Director taunfu of C'01ttfaall DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 967204252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : June 13, 2006 To : CHRISTOPHER YUEN, Planning Director From: BARBARA BELL, Directotr Subject: State Land Use Boundary /Amendment Application (SLU 06-000011) Request: Agricultural to Rural Change of Zone Application (REZ 06-000041) Request: A-5a to RA-2a Applicant: James and Madeleine Budde r TMK: 6-2-11:20 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: N/A ( ) 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: - / /W1 TECHNICAL SERVICES COMMENTS: 82 GO&M 41 :)PAUJ B~iI~NLnl f~i1 p J~Q 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. (w) Ample and equal room should be provided for rubbish and recycling. ( Vie) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( >Q) 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. ( ) Other: FXHIRIT cc: SWD, TSS 8357 01 _(i028 ~~~r w w Harry Kim _o iU~S afill rrfdrT ..l gHveira Mayor Fire`fhuf •'•Sr °~,P: Desmontxl Wery ~.UV! i b4p 44',filee Chief Couutp of'Wabiai`i FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 • Fax(808)961-8296 June 29, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000011) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 06-000041) REQUEST: A-5a to RA-2a APPLICANT: JAMES AND MADELEINE BUDDE TAX" KEY: 6-2-11:20 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Water supply shall be in accordance with UFC Section 10.301(c): °(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. OLIVEIRA Fire Chief DO:lpc EXHIBIT ~0%coot' r A i ~ FrRED~ Hamai'i County is an Equal Opportunity Provider and Employer. LINDA LINGLE CHIYOME L. FUKINO, M.D. GOVERNOR Director of HeeIM 'uC6 LTN ?D R"" ' 21 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: June 22, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Larry K. Shiro .055 Acting District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 06-000011) Request: Agricultural to Rural Change of Zone Application (REZ 06-000041) Request: A-5a to RA-2a Applicant: James and Madeleine Budde Tax Map Key: 6-2-11:20 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:SLU 06-000011 REZ 06-000041.my EXHIBIT r LINDA LINGLE c or. Ha_- ANTHONY J.H. CHING GOVERNOR EXECUTIVE OFFICER STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu, Hawaii 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3627 June 16, 2006 Mr. Christopher Yuen, Director Planning Department, County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: SLU 06-000011 Applicant: James and Madeleine Budde Request: Agricultural to Rural Change of Zone Application (REZ 06-000041) Request: A-5a to RA-2a Tax Map Key: 6-2-11:20 We acknowledge receipt of your June 8, 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. H. EXHIBIT Executive Officer JUL 3 r ? "9 LINDA LINGLE RODNEY K. HARAGA GOVERNOR ll esa v - .;_NITDIRECTOR z!! Deputy Directors FRANCIS PAUL KEENO q BARRYFUKUNAGA 4 BRENNON T. MORIOKA ®aa.. BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2193 HONOLULU, HAWAII 96813-5097 June 29, 2006 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: James C. and Madeleine T. Budde State Land Use District Boundary Amendment (SLU 06-0011) and Change of Zone Application (REZ 06-0041) TMK: (3) 6-2-11: 020 Thank you for requesting our review of the subject application. The proposed land use district amendment, zoning change and subdivision of the affected parcel into two lots is similar to other prior applications in the Anekona Estates Subdivision approved by the County. The cumulative effect of the continued approval of such applications will result in an adverse traffic impact on Waimea-Kawaihae Road (Highway 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 Anekona Estates and that the County will be responsible for implementing improvements at the intersections with our highway. 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 highway right-of-way must be submitted to our Highways Division for review and approval. We appreciate the opportunity to provide our comments. Very truly yours, ODNEY A Director 0 Ira3tation EXHIBIT n a iz t l Qrs Office Box 1101 M GOERS Kamn~ela, Hawaii 96743 Ph -4 808) 880-1455 ENTERPRISES, LLC"xRCU~) 880-1456 wulvr i uti , f} Land Use Alternatives 1,miooersL`hawaii,rr.com June 26, 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 06-011) CHANGE OF ZONE REQUEST (REZ 06-041) AGRICULTURAL 5-ACRES TO RESIDENTIAL AGRICULTURAL 2-ACRES PETITIONER: JAMES AND MADELIENE BUDDE TAX MAP KEY (3) 6-2-011:020 Dear Mr. Yuen: Your staff has faxed me agencies comments on the applications identified above and asked that I respond. Department of Environmental Management: The applicants understand there is no sewer service available. The applicants will comply with all regulations related to solid waste. Department of Public Works: The applicants will comply with all regulations related to drainage, erosion and sediment control. The Kcanuiomano Stream and the associated drainage easement are shown on the change of zone exhibit. 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, Grego ooers President GRMjy EXHIBIT t 4, r RBud&-SW.doo-6n9/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JAMES C. and MADELEINE T. BUDDE STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 06-000011) Upon careful 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 applicants are requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicants are also requesting a concurrent Change of Zone from Agricultural 5-acre (A-5a) 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 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- half acre 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 -1- 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 October 23, 1990 as one of the original 36 lots in the Anekona Estates Subdivision. Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-5a and RA-2a zoned districts. The Kanehoa Estates Subdivision is located immediately east of the Anekona 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 has approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A-5a to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. 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-half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." The proposed boundary amendment is for residential-agricultural uses that are compatible with the Rural designation. The applicants have stated that the five acre parcel 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 Plan: -2- • 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 Anekona 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 property will be from Kanehoa Street, 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, any additional structures will 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 eight (8) 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 'W", outside of the 500-year flood plain. The site is relatively flat with grades less than five percent, with the steepest grades on the southern portion of the site. While the property is within the State Land Use Agricultural and County's Agricultural -3- (A-5a) zoned districts, the property is 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 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 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 area. Because the property is developed with a single-family dwelling, 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 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 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. .4. (2) The orderly development of residential areas 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 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- ~,1~,tr or y~4 COUNTY OF HAWAII s STATE OF HAWAII fir! OF Mrs' 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 6-2-11:20. 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 comer of this parcel of land, being also the Northwesterly corner of Lot 19-B of Anekona Estates, and being a point on the Southerly side of Kanehoa Street (Private Road), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 10,988.02 feet North and 15,602.55 feet West and running by azimuths measured clockwise from True South: 1. 2° 06' 753.78 feet along Lot 19-B of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point in the middle of Keanuiomano Stream; Thence, following along the middle of Keanuiomano Stream and along Government Land (State of Hawaii): 2. 97° 28' 40" 347.74 feet to a point; 3. 190° 35' 746.87 feet along Lot 21 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; Thence, from a tangent azimuth of 280° 35' following along the Southerly side of Kanehoa Street (Private Road) on a curve to the left with a radius of 1,600.00 feet, the chord azimuth and distance being: 4. 276° 20' 30" 236.68 feet to the point of beginning and containing an area of 5.003 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: 2 Agricultural g' 1 Agri ultural Agricultural ~K'AIHq RD Ru 1 n J Agricultural r Agric Itural ~1y R 1 Agr cultural 'r, u gricultur Rt aI Agricultural Agricultural R 10,98 02 N 'rme'y q 15,602. 5 W r "PUU 'a Rural Agricultural Rural gricultura Ru s:.~4 are ~,4 s R rat Agricultural Ural INT N AGRICULTURAL Agricultural WE Agricultural TO RURAL 5.003 ACRES s 580 290 0 580 1.160 1,740 2.320 2900 Feet AMENDMENT TO STATE LAND USE BOUNDARIES MAPS 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: 6-2-011:020 Date: June 6, 200 EXHIBIT "A" (James C. and Madeleine T. Budde:06-162) RBuddeREZ.docfi/29/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JAMES C. and MADELEINE T. BUDDE CHANGE OF ZONE APPLICATION (REZ 06-000041) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone 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 applicants are requesting a Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for approximately five acres of land to subdivide the property into two lots approximately 2+ acres in size to construct a dwelling on the newly created lot. The applicants have 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-5a 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. -1- • 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-5a to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. The property was created on October 23, 1990 as one of the original 36 lots in the Anekona Estates Subdivision. The property is improved with a single-family dwelling. Surrounding lands are located within the State's Agricultural and Rural Districts and the County's A-5a and RA-2a zoned districts. These lands are in residential uses and/or vacant with minimal agricultural activities. Keanuiomano Stream borders the property to the south. 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 may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow a two-lot subdivision with one dwelling -2- 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 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 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 site is relatively flat with grades less than five percent, with the steepest grades on the southern portion of the site. 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 will be 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, any additional structures will 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 eight miles east of the property. The request is not contrary to Chapter 205A, RawaN 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 -3- 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 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 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 of the Change of Zone request from an Agricultural 5-acre (A-5a) 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. -4- CBuddeREZ.doc-6/29/06 JAMES C. and MADELEINE T. BUDDE CHANGE OF ZONE APPLICATION (REZ 06-000041) 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) years from the effective date of this ordinance. D. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the 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 are 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 area 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- BPD 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 are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(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 area to its original or more appropriate designation. -2- CpJ„YY O! M~K' 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 - 5 ACRES (A-5a) TO RESIDENTIAL AND AGRICULTURAL - 2 ACRES (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:20. 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 - 2 acres (RA-2a): Beginning at the Northeasterly comer of this parcel of land, being also the Northwesterly corner of Lot 19-B of Anekona Estates, and being a point on the Southerly side of Kanehoa Street (Private Road), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 10,988.02 feet North and 15,602.55 feet West and running by azimuths measured clockwise from True South: 1. 2° 06' 753.78 feet along Lot 19-B of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point in the middle ofKeanuiomano Stream; Thence, following along the middle of Keanuiomano Stream and along Government Land (State of Hawaii): 2. 970 28' 40" 347.74 feet to a point; -1- 3. 190° 35' 746.87 feet along Lot 21 of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa to a point; Thence, from a tangent azimuth of 280° 35' following along the Southerly side of Kanehoa Street (Private Road) on a curve to the left with a radius of 1,600.00 feet, the chord azimuth and distance being: 4. 2760 20' 30" 236.68 feet to the point of beginning and containing an area of 5.003 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -3- A-400 A-3a A-3a A-3a ~WAIHA q0 A a RA- a a A-5a = A-3a 4'tF A r0N1 RA- a 2a s~ A-5a \ A-5a RA a A-52 10, 988 01 N k°ro6voq 15,602. 5 W RA-2a A-5a RA-2a - a A•Sa y _ ~F A-5a A-Sa -2a q 4S{ RA-28 , r { = N WE A-5a AGRICULTURAL-5 ACRES (A-5a) A-59 TO RESIDENTIAL AND AGRICULTURAL-2 ACRES RA-2a s 5.003 ACRES 600 300 0 600 1200 1,800 2,400 30Feet 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-5 ACRES (A-5a) TO RESIDENTIAL AND AGRICULTURAL-2 ACRES (RA-2a) AT OULI, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 6-2-011:020 Dale: June 6, 20 EXHIBIT "A" (James C. and Madeleine T. Budde:1202)