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HomeMy WebLinkAboutCOM 0831.000 1996-1998 -W, r~va William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho iy~.,, 6"4 Deputy Managing Director A ~ Gun#g of pnionii 25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax(808)326-5663 April 24, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 97-3) Request: Agricultural to Rural Change of Zone Application (REZ 97-19) Request: A-5a to RA-2a Applicant: Dr. William and Patricia Bergin Tax Man Key: 6-2-9:25 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced applications. nicer ly, Stephen K. Yamashiro Mayor LBergi(H.MAY Enclosures cc: Planning Commission SLU 97-3/REZ 97-19 dills ~yl +~~Z A IX zrare APR 2 g 1998 R16f. tr as „+~Ly Jr~, Stephen K. Yanwhiro Mayor ~+i a1 NI'M 1C1jauufv of c2If1TnIT PLANNING COMMISSION 25 Aupuni Streit, Room 109 • }iib, Ha"K %720.4252 (808)%1-8298 Fu (OW)%I-%15 APR 2 4 1996 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 97-3) Request: Agricultural to Rural Change of Zone Application (REZ 97-19) Request: A-5a to RA-2a Applicant: Dr. William and Patricia Bergin Tax Man Key; 6-2-9125 The Planning Commission, after a duly held public hearing on April 17, 1998, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone, changing the district classification from Agricultural (A-5a) to Residential/Agricultural (RA-2a) for approximately 5.00 acres of land. The property is located in Kanehoa Subdivision approximately 750 feet south of the entrance road from Kawaihae Road, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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. Surrounding lands are County zoned A-5a and A-3a, and within the State Land Use Agricultural district. Surrounding lands to the Kanehoa Subdivision include the vacant State-owned lands to the south and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, located immediately to the east and zoned A-5a; Anekona Estates Subdivision, a 36-lot subdivision, located to the west and zoned A-5a; and Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road to the north and zoned A-3a. These subdivisions include single-family residential and agricultural uses and vacant lands. In October 1996, the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District for two 5-acre parcels within the adjacent Kamuela Plantations Subdivision. These subdivisions include various single-family residential and agricultural uses. 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. 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 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." Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The proposed boundary amendment is for similar agricultural land uses and uses that are compatible to the Rural designation. The applicants have stated that the 5.00 acres will be subdivided into two residentiaBagricultural 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 the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * 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. * Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. * 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The proposed Rural boundary amendment request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan. HOUSING * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. * Improve and maintain the quality and affordability of the existing housing stock. * Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. * The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. * The County shall protect residential property values from depreciating influences. SINGLE-FAMILY RESIDENTIAL * To maximize choices of single-family residential lots and/or housing for residents of the County. * To ensure compatible uses within and adjacent to single-family residential zoned areas. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 * To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. * The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. * 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. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. This request would allow a rural development for Residential-Agricultural uses. 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. All utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kanehoa Street which has a right-of-way width of 50 feet with approximately 20 feet wide agricultural standard pavement. Kanehoa Subdivision has two accesses from Kawaihae Road, one access point ('Ouli Street) serves 16 lots and the other access (Kanehoa Street) serves the remaining 10 lots. Kanehoa Street also connects into Anekona Estates Subdivision which has one access point (Anekona Street) from Kawaihae Road. Water is provided by a 6-inch County water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 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 outside of the 500-year flood plain (Zone X). Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 While the subject property is within the State Land Use Agricultural and County's Agricultural - 5a zoned districts, it is 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 subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. The surrounding properties are also in the County's Agricultural-5a and Agricultural-3a zoned districts, and State Land Use Agricultural districts. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties in view of the surrounding properties and permissible uses. Finally, it should be noted that 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 (5) 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. (6) 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 to the Rural District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Change of Zone 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 Application from Agricultural-5 acres (A-5a) to Residential - Agricultural- 2 acre (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use, Economic, and Agricultural Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: 6 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. ECONOMIC * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 The applicants are proposing to create a two lot subdivision using a 2.98 acre portion of the existing lot for their residential/agricultural purposes and to create an additional lot of 2.02 acres for use by a family member or possibly to market. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Extensive Agricultural. However, the Kanehoa Subdivision as well as the adjacent subdivisions are a mixture of residences and limited agricultural activities. Therefore, it is determined that the request is consistent with the rural low-density development form depicted on the LUPAG Map for this area of South Kohala. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Department of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20% slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown 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. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Surrounding parcels are zoned A-5a and A-3a and within the State Land Use Agricultural district. Surrounding lands to the Kanehoa Subdivision include the vacant State-owned lands to the south and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, located immediately to the east and zoned A-5a; Anekona Estates Subdivision, a 36-lot subdivision, located to the west and zoned A-5a; and Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road to the north and zoned A-3a. These subdivisions include single-family residential and agricultural uses and vacant lands. In October 1996, the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District for two 5-acre parcels within the adjacent Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this portion of South Kohala. Y Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 Access to the subject property is provided by Kanehoa Street, a two-lane private roadway, which has an agricultural standard pavement width of 20 feet within a 50 feet right-of-way. Kanehoa Subdivision has two accesses from Kawaihae Road, one access point ('Ouli Street) serves 16 lots and the other access (Kanehoa Street) serves the remaining 10 lots. Kanehoa Street also connects into Anekona Estates Subdivision which has one access point (Anekona Street) from Kawaihae Road. The Department of Transportation has indicated that roadway improvements to Kawaihae Road is essential since similar changes of zone may occur throughout the Kanehoa Subdivision and the creation of additional homesites placing additional traffic burdens on the roadway. Conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the Fair Share contribution towards roads. Water for the proposed subdivision development will be provided by the existing 6-inch line. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the subject property and surrounding areas have been extensively altered with agricultural/urban development, 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. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X, an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-5a) to Residential\Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, amendments to the SLU Boundaries Map, H-25 for the County of Hawaii, and Section 25-8-7, the North and South Kohala Districts Zone Map, of the County Zoning Code are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 We are enclosing copies of the applications, a copy of the staff background and a copy of the Planning Director's original recommended conditions of approval for the Change of Zone application for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission LBergi02.PC Enclosures cc: Mr. Gregory R. Mooers Dr. William Bergin Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu H mi0 t. emm-04/07/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DR. WILLIAM AND PATRICIA BERGIN STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 97-3) CHANGE OF ZONE APPLICATION (REZ 97-19) DR. WILLIAM AND PATRICIA BERGIN, have submitted applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential/ Agricultural (RA-2a), for approximately 5.00 acres of land. The property is located in the Kanehoa Subdivision approximately 750 feet south of the entrance road from Kawaihae Road, Ouli, South Kohala, Hawaii, TIv1K: 6-2-9:25. GENERAL INFORMATION 1. Land Ownership: William C. and Patricia C. Bergin are the owners of the subject property. PROPOSED DEVELOP;`IENT 2. Request: The applicants are proposing to change the existing Agricultural land use designation to Rural and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential/Agricultural (RA-2a), for approximately 5.00 acres of land. 3. Objectives: "The applicants are proposing to create a two lot subdivision using a 2.98 acre portion of the existing lot for their residential/agricultural purposes and to create an additional lot of 2.02 acres for use by a family member or possibly to market. "The existing lot presently has two access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying map. "One of the two proposed lots (25-B) is fully improved with a variety of structures that accommodate the Bergin's use of their property. The other proposed lot (25-A) is vacant but graded and fenced." ATTACH. C-831 (B-241 & 242) C 4. Supportive Information: The applicants have submitted the following in support of the request: (See Exhibit A - State Land Use Boundary Amendment and Change of Zone Applications dated December 15, 1997) STATE AND COUNTY PLANS 5. SLU: Agricultural. 6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 8. Hawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-5a). 10. SMA: The property is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Property: The subject property has a total area of 5.00 acres. The property is rectangular shaped with two existing farm dwellings. 12. Surrounding Zoning/Land Uses: Surrounding lands to the Kanehoa Subdivision includes the vacant State-owned lands to the south and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, located immediately to the east and zoned A-5a; Anekona Estates Subdivision, a 36-lot subdivision, located to the west and zoned A-5a; and Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road to the north and zoned A-3a. These subdivisions include single-family residential and agricultural uses and vacant lands. In October 1996, the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District for two 5-acre parcels within the adjacent Kamuela Plantations Subdivision. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. -2- 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor). 15. U.S. Soil Survey: The soils are classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20% slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown 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. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. 16. FIRM: The subject property is located within Zone X, area determined to be outside: the 500-year flood plain. 17. Flora/Fauna Resources: According to the applicants' environmental report, the natural vegetation occurring on the property consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. No native fauna was observed on the site. Common animal species in the area include field mice and mongoose. There are no known or recorded rare or endangered animal or plant life in the area. 18. Archaeological Resources: According to the applicants' environmental report, no historic or archaeological sites were present on the parcel. The property has been extensively graded and used for residential purposes. Therefore, the proposed action will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Planning Department should any archaeological sites be encountered during the course of development. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the subject property is off Kanehoa Street which has a right-of-way width of 50 feet with a 20-foot agricultural standard pavement. Kanehoa Subdivision has two accesses from Kawaihae Road, one access point ('Ouli Street) serves 16 lots and the other access (Kanehoa Street) serves the remaining 10 lots. Kanehoa Street also connects into Anekona Estates Subdivision which has one access point (Anekona Street) from Kawaihae Road. -3- 20. Water: Water is provided by an existing 6-inch waterline that fronts the subject property. 21. Wastewater: There is no municipal sewer system in the area. The applicants dispose of wastewater through existing cesspool. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into septic tank system. 22. Utilities: Electrical and telephone service are or will be made available to the property. AGENCIES' COMMENTS 23. Police Department (January 14, 1998 Memo): "We have reviewed the above-referenced application and do not believe the requests will negatively impact traffic safety or police services in the area." 24. Fire Department (January 12, 1998 Memo): "We have no comments on the above-referenced State Land Use Boundary Amendment Application and Change of Zone Application." 25. Department of Land and Natural Resources (January 16, 1998 Letter): "Thank you for the Memorandum of January 8, 1998 and the opportunity to review and comment on the proposed boundary amendment. "We believe that the proposed subdivision of 5 acres of land will have 'no effect' on significant historic sites. Half of the 5 acres is already developed with houses, a garage and feed storage area, and the other half has been graded. It is thus highly unlikely that any significant historic sites would remain on the property." 26. Department of Health (January 12, 1998 Memo): "The subject lots are located in a critical wastewater disposal area. The use of one cesspool is allowed for lot sizes five acres or greater. For newly created lots less than five acres, the Department of Health will require existing cesspool(s) be upgraded to a septic system for subdivision approval." 27. Land Use Commission (January 13, 1998 Letter): "We have reviewed the subject applications as transmitted by your memorandum dated January 7, 1998, and confirm that the subject parcel, identified as TMK: 6-2-09:25 and -4- consisting of approximately 5.00 acres, is within the State Land Use Agricultural District. "We have no further comments to offer at this time. "Thank you for the opportunity to provide comments on the subject applications." 28. Mauna Kea Soil and Water Conservation District (February 20, 1998 Letter): "As requested the Mauna Kea Soil and Water Conservation District reviewed Dr. William and Mrs. Pat Bergin's request for a zone change for their property, TMK (3) 6-2-09:25 in the Kanehoa Subdivision. "The Board generally supports the idea of maintaining agricultural land for agricultural uses. In this case however the land appears to be poorly suited for agricultural purposes with rocky soils and limited rainfall. The Board has no other comments to offer on this application for a zone change." 29. Department of Public Works: (See Exhibit B - February 20, 1998 Memo and Applicants' Response - March 25, 1998 Letter) 30. Department of Water Supply: (See Exhibit C - January 29, 1998 Letter) 31. Department of Transportation: (See Exhibit D - February 10, 1998 Letter) 32. Applicants' Response to DWS, DOH and DOT comments: (See Exhibit E - February 23, 1998 and February 25, 1998 Letters) AGENCIES - NO RESPONSE 33. Department of Finance-Real Property Tax and Department of Agriculture. PUBLIC COMMENTS 34. The Department has not received any objections from the general public or adjacent landowners on the subject applications. -5- MOOERS ENTERPRISES P.O. Box 1 101 KAMUELA, HAWAn 96743 STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural CHANGE OF ZONE APPLICATION Agricultural 5-acre to Residential Agricultural 2-acre Dr. William and Patricia Bergin TMK: (3) 6-2-09:25 Kanehoa Subdivision - File Plan 1845 Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by Mooers Enterprises December 22, 1997 PHONE: (8081 8856839 FA (808) 8851574 ,l COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: APPLICANT'S SIGNATURE:~ .1 Ga L\ MAILING ADDRESS: 67-7779 B Kanehoa Drive Kamuela Hawaii 96743 TELEPHONE: (BUS) 887-6059 (HOME) 885-44166 LANDOWNER: Same as Applicant LANDOWNER'S SIGNATURE: TAX MAP KEY: (3) 6-2-09:25 LAND AREA: 5.0 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASS IFICATION:...al THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to.the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q a COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: Dr. William and Patricia Ber APPLICANT'S SIGNATURE: - DATE: -L4---, -&-7 ADDRESS: 62-2279 B Kanehoa Drive Kamuela, Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 887-6059 (Res.) 885-4466 (FaX) 885-3652 LANDOWNER(S); Same as Applicant LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: Agricultural 5-acre TO Residential - Agricultural 2-acre (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) -2-09:25 STREET ADDRESS OF PROPERTY: 62-2279 Kanehoa Drive Kamuela, Hawaii 96743 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.0 acres AGENT: Gregory R. Mooers ADDRESS: P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res.) AAS-71 76 (Fax) AA,;-,57A Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Dr. William Ber¢in ~i (See Instructions on Reverse Side) • u ATTACIMNT 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? 5.0 acres b. Into what lot sizes? 2.02 s 2.98 C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. See map with applicatioi 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 L 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? vas How? It will add one additional lot to the inventory of rural lots in the Waimea area. 4. Are there any buildings on the subject area? 1ar If so, what kind? There is a main house, guest house, trailer garage and feed storage area. What do you intend to do with those buildings if your request is approved? They will remain with one of the lots (25-A). 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. Suitablility of the proposed lot-size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would out the subject area into some form of agricultural use? Please state the proposed type of arrangement. a 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? Nn If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? Mn if so, what kind? Is the road adequate for the proposed traffic volume or load? Vos 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 v b. Roads x c. Sewer x d. Drainage Y - J -3- G Yes ::o e. Police Protection x f. Fire Protection X g. Recreational Facilities x h. Public Utilities x i. Other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. signature: zAz., Address: 62-2279 B Kanehoa Drive Kamuela Hawaii 967 Telephone: 885-4466 Date: r -4- 1 RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: DR. WILLIAM AND PATRICIA BERGIN TAX MAP KEY (3) 6-2-09:25 We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-5a) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.0 acres) is located in the Kanehoa Subdivision on the south side of Kawaihae Road approximately across from the 63 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-09:25 GENERAL INFORMATION 1. Dr. William and Patricia Bergin are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.98 acre portion of the existing lot for their residential/agricultural purposes and to create an additional lot of 2.02 acres for use by a family member or possibly to market. 3. The existing lot presently has two access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying map. 4. One of the two proposed lots (25-B) is fully improved with a variety of structures that accommodate the Bergin's use of their property. The other proposed lot (25-A) is vacant but graded and fenced. 5. Electrical, telephone and cable television service is available to both lots through the underground utility system of the Kanehoa subdivision. 6. The applicants do not intend to improve Lot 25-A at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) ~ 4 , F STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 7 10. The property is located within the County's Agricultural 5-acre zone. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.00 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. One half of the site (proposed lot 25-B) is presently developed with a home, guest home, trailer garage and feed storage area. Lot 25-B is fully improved and landscaped. The balance of the site (proposed lot 25-A) is undeveloped though graded and fenced. Lot 25-A is barren except for a few grasses and weeds, see the attached environmental report. 14. 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. 15. 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. 16. 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. 17. The topography of the site is fairly level with slopes less than 10%. 18. The average annual rainfall is 20 - 35 inches. 19. 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 J Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Z 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 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. 20. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 21. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 22. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 23. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and I-acre zones. Kamuela Plantations, A-5a, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-5a, is immediately west. The Ouli subdivision, A-1a, located to the west of the site is undeveloped at this time. 24. There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 25. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 26. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide fight-of-way with 16' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water and presently has two meters. 29. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Kanehoa subdivision. { 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant uses such a system for his existing home and proposes that any other structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six 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. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: DR. WILLIAM AND PATRICIA BERGIN TAX MAP KEY (3) 6-2-09:25 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, 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 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 suitd to low-density residential uses for small farm or agricult iral uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 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 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. 3. The applicants believe that 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. J (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. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • 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. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • 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. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. s • The County shall encourage a volume of construction and rehabilitation of housing t sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII,Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • 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. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • 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 • 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. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County s Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona 7 subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of 1 the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has a right-of-way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of-way and 16' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The Department of Water Supply has provided a second water meter service to the subject property. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). 5 Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: DR. WILLIAM AND PATRICIA BERGIN TAX MAP KEY (3) 6-2-09:25 A. SUBJECT REOUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- 5a) to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Kanehoa subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.00 acres and will be subdivided to create two lots, 2.98 acres and 2.02 acres. Proposed lot 25-B is fully developed and is the residence for the applicant. The proposed lot 25-A is presently vacant but fenced and will be developed at some time in the future for use by a family member or to be sold. The present lot has two access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by two water meters provided by the County of Hawaii Department of Water Supply, these will provide service for the two proposed lots. The present dwellings use individual wastewater treatment systems that comply with all rules of the State Department of Health. It is proposed that any new structures will also fully comply with these regulations. B. CONFORMANCE WrM STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-5a). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, 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; J (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. 2. The applicants believe 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)AII uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 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 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. 3. The applicants believe that 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 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. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the fohowing goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • 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. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • 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. j HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing tux and to permit aesthetic balance between single-family residential structures and open spaces • 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. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. J • 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. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County s Agricultural zoned districts, it is not curfently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has a right-of-way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of-way and 16' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The Department of Water Supply has provided a second water meter service to the subject property. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: I . The property is a 5.00 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east the ocean. 3. One half of the site (proposed lot 25-B) is presently developed with a home, guest home, trailer garage and feed storage area. Lot 25-B is fully improved and landscaped. The balance of the site (proposed lot 25-A) is undeveloped though graded and fenced. Lot 25-A is barren except for a few grasses and weeds, see the attached environmental report. 4. 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. 5. 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. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant fife in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. 10. The United States Department of Agriculture Soil Survey iuentifies 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, lima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 % slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark .J x 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. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and I-acre zones. Kamuela Plantations, A-5a, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-5a, is immediately west. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. 18. A plants list is attached as Exhibit "A'. D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of-way with 16' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply water and presently has two meters. 3. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Kanehoa subdivision. 4 This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant uses such a system for his existing home and proposes that any other structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. x 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six 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. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and over 50% has been fully developed in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "V by the federal FMM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of cxisting conditions and merit no special mitigation measure.. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15, The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-5a to RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. 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 -_i resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. 3 EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-09:25 LOT 25 KANEHOA SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Prepared by Phillip A. Conley ALIEN GRASSES: Agrostis alba L. Chloris barbata S. Chloris divaricata R. Chloris radiata L. Cynnadon dactylon L. Pennisetum purpureum S. Digitaria sularis L. ALIEN TREES AND SHRUBS: Argemone glauca P. Acacia decurrens W. Indigofera suffrutiosa M. Erodium cicutarium L. Leucana leecocephala L. Ricinus communia L. Mimosa pudical L. Ipomoea congesta R. Lanatan comara L. Stachyerpherajamaicensts L. Emilia sanchifolia Verona cinerea L. Zinnia pauciflora L. Reichardia picroides L. Sida fallax W. Bouganvillea spectabilis Bouganvillea pauuflora Boubanvillea glibra Xanthosoma roseum S. Spathiphyllum efolium Carica papaya Piper ngrum Croton varigatum Murraya panculata Casaurina equeisetfofia Penniserum sataceum Acacia koa Eucalyptus Palmceae, various psecies Rosa WNW 000 a c • . 1 cn t - --4 Z Z ~1 rT' OmODnr v T C=~C) = r COo l I[y r AZ00 ND r - g~0~'mnrA+ 'e a l'~ 1 ji :5"0 I MO ~§>2>>z~C G' 3 g tiS r- C: !J II D~ O -U-0 N ~ I ..o N -r- z N Dm nD Z 4> Li S _ U P 03 16 .16 . _ 8 J Z Lot. A Lit 00 i j PJ (J L ~ 2~ v d tJ s I .0 ~ j o ~ iv °SI ~D I C i , i `f' tw ? g f I C9 ! G) rnw i y1 I j ° 1-"' I I r sa 9tc cn ~ 1 _ I c ,.,.oo.~ceat - q4; 9fT J O I e j s. .I 7 c~ /'r1~ I I ~ r. 7 Jai. "o r? 7 T 1 I r \ c ! DR f -i'- ' a N n O•~i. \\r\IL, d of ' a DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE February 18, 1998 Memorandum TO Planning Director FROM ef Public Works Engineering Division SUBJECT: Change of Zone Application (97-17) State Land Use Boundary Amendment (SLU 97-3) Applicant: Dr. William and Patricia Bergin Location: Ouli, South Kohala, HI TMK: 6-2-09:25 We have reviewed the subject application and offer the following comments: 1. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 2. For RA-2a zoning, the pavement should be widened to 20'. The access road should be improved to county dedicablc standards for minor roads. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. If you have any questions please contact Thomas Pack in our Kona office at 327-3530. TWP:sls cc: Engineering - Hilo Engineering - Kona Planning - Kona EXHIBIT MOOERS ENTERPRISES P.O. Box 1 101 KAMUELA, HAWAII 96743 March 25, 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Application (97-3) Request: Agricultural to Rural Change of Zone Application (REZ 97-19) Request: A-5a to RA-2a Applicant: Dr. William and Patricia Bergin Tax Map Key: 6-2-9:25 Kanehoa Subdivision, Ouli, South Kohala, Hawaii Dear Ms. Goldstein: You have forwarded to me the comments of Public Works regarding the pending applications listed above. We have reviewed these comments and agree to comply with these conditions. I note that the existing roadway is already in compliance. Should you or your staff have any questions regarding my comments or require additional infor- mation, please contact me. Sin rely,R Gre Ei. M rs~~ President GRM:sp cc: Tom Pack, Public Works PNoNe(808) 8856839 _ Fw : (808) 885-1574 ( i o\ ¦urr ~ r. DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII e 25 AUPUNI STREET • HILO, HAWAII 96720 Cr MI ~ TELEPHONE (808) 9618660 FAX (808) 961.8657 January 29. 1998 TO: Planning Department FROM: Milton D. Pavao. Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION NO. 97-003 _ REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION NO. 97-017 REQUEST: A-5a TO RA-2a APPLICANT - DR. WILLIAM AND PATRICIA BERGIN TAX MAP KEY 6-2-009:025 We have reviewed the subject application for the proposed subdivision and have the following comments. Water can be made available from an existing 6-inch waterline along Kanehoa Street fronting the property. -Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant. a water commitment may be issued. Based on the one additional lot requested in the proposed two-lot subdivision development, the required water commitment deposit is $150.00. Remittance by the applicant of the $150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words. unless a water commitment is officially effected. water availability is subject to change depending on the water situation. For the applicant's information, final subdivision approval will be subject to the following requirements: EXHIBIT Planning Department Page 2 January 29, 1998 1. Installation of a service lateral that will accommodate a 5/8-inch meter to Lot 25-A. Submit construction plans and design calculations prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge. which is subject to change, of $3.375.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. 3. Easements. should they be necessary, must be conveyed to the Water Commission of the County of Hawaii. Should there be any questions. please call our Water Resources and Planning Branch at 961-8660. Aq~)~ -Milton D. Pavao. P.E. Manager WA:gms Att. copy - Watt.) Dr. William and Patricia Bergin N/o att.) Mr. Gregory R. Mooers BENJAMIN J. ^'AYETANG o . „ KAZU HAYASHIOA GOVERNOR ac y DIRECTOR DEPUTY DIRECTORS 1J BRIAN K. MIN" GLENN M. , pKIM0T0 STATE OF HAWAII IN REPLY REFER TO DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813.5097 2.7944 FEB 10 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: State Land Use Boundary Amendment Application, ASa to RA-2a (97-3) and Change of Zone Application (REZ 97-17), Kamuela, Hawaii, TMK: (3) 6-2-09: 25 Thank you for the opportunity to review the subject application. We have the following comments: 1. We view the application as a precedent 1°ading to greater density and traffic. Piecemeal subdivision of land parcels should be discouraged; 2. The subject requested change from agricultural to rural use and subdivision of one five-acre parcel to two parcels would allow an increase of density that will impact the State Highway System; 3. The incremental traffic and safety impact on Route 19 should be addressed now with intersection improvements, 4. We require a channelized intersection and a street light on Route 19 at Kanehoa Street; 5. All required improvements must be provided at no cost to the State; and EXHIS" o Ms. Virginia Goldstein HAVY-PS 2.7944 Page 2 r Es I U 1998 6. All plans for construction within the State highway right-of-way must be submitted for our review and approval. Very truly yours, KAZU HAYASHDA Director of Transportation MOOERS ENTERPRISES P.O. Box 1 10 1 KAMUELA, HAWAII 96743 February 23, 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street Hliu, Hawaii 96720 Re: State Land Use Boundary Amendment Application (97-3) Request: Agricultural to Rural Change of Zone Application (REZ 97-19) Request: A-5a to RA-2a Applicant: Dr. William and Patricia Bergin Tax Map Key: 6-2-9:25 Kanehoa Subdivision, Ouli, South Kohala, Hawaii Dear Ms. Goldstein: You have forwarded to me the comments of three agencies regarding the pending applications listed above. I offer the following response to each of these comments. Department of Water Supply, January 29, 1998: The comments appear to be standard comments for any change of zone request when water is available. While we have no problem with the standard conditions, I do want to point out that the applicants already have paid for and installed a second meter to the subject property. As ---ch we do not ten the need for any additional engineering or the nee!! fnr an additional facilities charge. The two proposed lots will be serviced by the two existing meters. Department of Health, January 12, 1998 The comments from the from the Department of Health (DOH) are inconsistent with their prac- tices observed in this subdivision over the past several years. Presently, when the 26 lots in the Kanehoa Subdivision have been developed, the initial dwelling has been serviced by a cesspool and any additional dwellings on these 5 acre lots are serviced with a septic system. This is true for the fifteen of 26 lots in Kanehoa that already have a second dwelling. The only difference be- tween the subject proposal and the previous fifteen lots is that owners previously used the Con- dominium Property Regime (CPR) laws to divide their property, or they were not subdivided at all. The applicants are proposing to also subdivide their lot, but by using the County preferred method of the Subdivision Code. EXHIBIT PHomc (9061 6856839 FAx 1806) Batt ~7d Ms. Virginia Goldstein February 23, 1998 Page Two I find it difficult to understand the DOH position that because the property is being legally subdivided that the initial cesspool must now be removed. I have pointed this discrepancy out to the staff of DOH and they do recognize this inconsistency in their policies. I have been told that their policy was established to protect an area that they have identified as a critical wastewater disposal area. However if the removal of the initial cesspool is required for a subdivision because this is a critical area, why is it not also required for the second unit on the lots that are CPR'd or for Ohana units? Clearly the DOH policy penalizes owners seeking to subdivide and offers an incentive to those seeking to CPR. This is contrary to the stated positions of both State and County planning officials. To penalize the applicants for attempting to subdivide their lot in compliance with the subdivision code serves no purpose other than to promote further CPR's. The additional expense and disruption to the developed portion of the applicants' property by removing the existing cesspool will necessitate the cancellation of the application and they will proceed to divide their property using the CPR process. In either case a septic system will be used to service the second dwelling and the cesspool will continue to service the present development. No wastewater goals will be met by including the comment from DOH as a condition for change of zone or subdivision. I can see no additional impact to the environment if dwellings are divided into separate lots by the subdivision process as opposed to the CPR process. Department of Transportation, February 10, 1998 1 find Mr. Hayashida's comments to be made without a full understanding of the present situation at Kanehoa Subdivision. The greater density to which he refers has existed for years. The subdivision has effectively doubled its original density by owners utilizing the ohana laws and the CPR process. The granting of this change of zone would not be one of "piecemeal subdivision" as he suggests, it would simply be utilizing another method to divide the ownership of these lots. It would establish a basis for the owners of existing CPR units a County preferred method of subdividing lots. I note that the present access to the subject property from Kawaihae Road, Route 19, serves only ten lots in the subdivision. While approving this change of zone request and subdividing the lot will add a minimal increase in traffic, the addition of one lot to this roadway system cannot possibly justify the need for a channelized intersection and a street light on Route 19. To require these applicants to make such significant improvements to this primary State highway is not warranted, and if required will result in no less density, just one more CPR'd lot. It seems an unwise and unfair assessment to the owners of one lot who are trying to follow the County preferred path of subdividing rather than using the CPR process r Ms. Virginia Goldstein February 23, 1998 Page Three The increase in density for this subdivision has occurred already. I strongly support the County and State addressing the impacts of increased density caused by CPR'd lots. I do not however support assessing the impacts to the one lot owner who is trying to comply with the requirements of the subdivision code. If you determine that this increase in density has resulted in a need for additional improvements, then a more appropriate method of allocating costs should be explored. Should you or your staff have any questions regarding my comments or require additional information, please contact me. Since ly Gregory~RMooers President GRM: sp cc: Milton Pavao, Department of Water Supply Aaron Ueno, Department of Health Kazu Hayashida, Department of Transportation MOOERS ENTERPRISES P.O. Box 1 101 IGaMUELA, HAWAII 96743 February 25, 1998 - DI DD%7 Mr. Dennis Tulang Chief, Wastewater Branch Department of Health State of Hawaii 919 Ala Moana Blvd. Suite 309 Honolulu, Hawaii 96814 Re: 'State Land Use Boundary Amendment Application (97-3) Request: Agricultural to Rural Change of Zone Application (REZ 97-19) Request: A-5a to RA-2a Applicant: Dr. William and Patricia Bergin Tax Map Key: 6-2-9:25 Kanehoa Subdivision, Ouli, South Kohala, Hawaii Dear Dennis: I appreciate your cooperation in resolving some of the issues related to the above identified applications. You and Bruce Anderson were very patient and understanding. Initially the comments from the Department of Health related to these petitions requested that the existing cesspool on the property be upgraded to a septic system in order to further subdivide the property. After my discussions with you and Dr. Anderson, I now understand that you will allow the existing cesspool to remain provided that any additional systems must be a septic system. I recognize that the proposed size of the lots in question are a factor in your decision to allow this to occur. I appreciate your willingness to re-examine this request in light of the additional information I was able to provide to you. It is gratifying to know that officials in the Department of Health are able to protect the public's interests while using reason to apply their policies. If you or your staff have any questions re- garding these applications, please contact me directly. I look forward to meeting with you in Honolulu on my next trip. Sinc rely, Greg. Mooers President GRM:sp cc: Aaron Ueno, District Environmental Health Program Chief Virginia Goldstein, Planning Director, County of Hawaii PHONE: (808) BBS6839 FAx: (BOB) 885 1 574 . a RBe rgIO I e mm'. rhy-04, 07/98 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DR. WILLIAM AND PATRICIA BERGIN CHANGE OF ZONE APPLICATION (REZ 97-19) 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. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. 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: 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 Application from Agricultural-5 acres (A-5a) to Residential - Agricultural- 2 acre (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use, Economic, and Agricultural Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. ECONOMIC * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. -2- K The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. The applicants are proposing to create a two lot subdivision using a 2.98 acre portion of the existing lot for their residential/agricultural purposes and to create an additional lot of 2.02 acres for use by a family member or possibly to market. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Extensive Agricultural. However, the Kanehoa Subdivision as well as the adjacent subdivisions are a mixture of residences and limited agricultural activities. Therefore, it is determined that the request is consistent with the rural low-density development form depicted on the LUPAG Map for this area of South Kohala. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Department of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20% slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown very tine 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. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Surrounding parcels are zoned A-5a and A-3a and within the State Land Use Agricultural district. Surrounding lands to the Kanehoa Subdivision include the vacant -3- State-owned lands to the south and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, located immediately to the east and zoned A-5a; Anekona Estates Subdivision, a 36-lot subdivision, located to the west and zoned A-5a; and Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road to the north and zoned A-3a. These subdivisions include single-family residential and agricultural uses and vacant lands. In October 1996, the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District for two 5-acre parcels within the adjacent Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this portion of South Kohala. Access to the subject property is provided by Kanehoa Street, a two-lane private roadway, which has an agricultural standard pavement width of 20 feet within a 50 feet right-of-way. Kanehoa Subdivision has two accesses from Kawaihae Road, one access point ('Ouli Street) serves 16 lots and the other access (Kanehoa Street) serves the remaining 10 lots. Kanehoa Street also connects into Anekona Estates Subdivision which has one access point (Anekona Street) from Kawaihae Road. The Department of Transportation has indicated that roadway improvements to Kawaihae Road is essential since similar changes of zone may occur throughout the Kanehoa Subdivision and the creation of additional homesites placing additional traffic burdens on the roadway. Conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the Fair Share contribution towards roads. Water for the proposed subdivision development will be provided by the existing 6-inch line. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the subject property and surrounding areas have been extensively altered with agricultural/urban development, it is not anticipated that -4- 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. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X, an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-5a) to Residential\Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Districts 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. -5- COUNTY OF HAWAII STATE OF HAWAII BILL NO. (FLANKING DF-PART?~^ENT) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-9:25. 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, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Ouli, South Kohala, Hawaii, shall be Residential and Agricultural (RA-2a): Beginning at the northeast comer of this parcel of land, being the north corner of Lot 22 on the southerly side of Lot 30 (road lot), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,415.79 feet North and 13.168.83 feet West, thence running by azimuths measured clockwise from True South: I . 90 52' 542.62 feet along Lot 22; 2. 94° 01' 40" 494.10 feet along Lot 26; 3. 189° 52' 413.13 feet along Lot 26; 4. Thence along Lot 26, along a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: 231° 56' 50" 13.40 feet; 5. 274° 01' 40" 254.31 feet along the Lot 29 (road lot); 6. Thence along Lot 29 (road lot), along a curve to the left with a radius of 250.00 feet, the chord azimuth and distance being: 2460 10' 41 233.58 feet; 7. Thence along Lot 30 (road lot), along a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 257° 39' 51" 38.03 feet to the point of beginning and containing and area of 5.000 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -2- cBergi01.am \rhy-04/0'7/98 DR. WILLIAM AND PATRICIA BERGIN CHANGE OF ZONE APPLICATION (REZ 97-19) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, 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. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. D. Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of the Change of Zone ordinance. E. Access to the subject property from Kanehoa Street shall meet with the requirements of the Department of Public Works. F. The applicants shall provide the improvements at the Route 19/Kanehoa Road intersection as required by the Department of Transportation. In lieu of actual construction, the applicant shall through Condition H pay their fair share amount for the required improvements. G. 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-HPD when it finds that sufficient mitigative measures have been taken. H. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to final subdivision approval of any portion of the subject property or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution for other facility impacts, the applicants may construct such facilities related to roads, park, fire, police and solid waste disposal facilities with the approval of the appropriate agency(ies). Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions. I. The applicants shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed subdivision within the subject property, including the Department of Health. J. 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. K. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -2- r I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, 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). L. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. -3- M AGRICULTURAL (A-5a) A-40. TO RESIDENTIAL AND AGRICULTURAL (RA-2a) ° AREA = 5.00 ACRES 0 z , w A-7. A-40. ~ u 3 Kawaihae KA W A IHAE W A I M E A R D. Waimea A-7a A-5. m A-5. A 5. wnN H 11,415.79 N 13.168.83 W "PUU PA" O A-5. A-5. A-5. W.ikol o. A- 5. AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL (RA-20) AT OULI, SOUTH KOHALA, HAWAII. PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK . 5-2-9.25 MARCH 31, 1998 EXHIBIT "A" (REZ) (DR. WILL" * P/SRICA SERGIN) I cov MOOERS ENTERPR ES P.O. Box 1 101 KAMUELA, HAWAII 96743 STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural CHANGE OF ZONE APPLICATION Agricultural 5-acre to Residential Agricultural 2-acre Dr. William and Patricia Bergin TMK: (3) 6-2-09:25 Kanehoa Subdivision - File Plan 1845 Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises December 22, 1997 d COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: n APPLICANT'S SIGNATURE: „ ~R~ja:!~ 14 MAILING ADDRESS: 62-2279 B Kanehoa Drive Kamuela. Hawaii 96743 TELEPHONE: (BUS) 887-6059 (HOME) 885-4V466 LANDOWNER: Same as Applicant LANDOWNER'S SIGNATURE: TAX MAP KEY: (3) 6-2-09:25 LAND AREA: 5.0 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to.the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: Dr. William and Patricia Ber APPLICANT'S SIGNATURE: DATE:-L4,(.,- 7 ADDRESS: 62-2279 B Kanehoa Drive Kamuela, Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 887-6059 (Res.) 885-4466 (Fax) 885-3652 LANDOWNER(S): Same as Applicant LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: Agricultural 5-acre TO Residential - Agricultural 2-acre (Existin zoning ) (Proposed Zoning) TAX MAP KEY: (3) g-2-09:25 STREET ADDRESS OF PROPERTY: 62-2279 Kanehoa Drive Kamuela, Hawaii 96743 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.0 acres AGENT: Gregory R. Mooers ADDRESS: P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) RR5-6839 (Res.) s85-7j26 (Fax) RRS-, 57G Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Dr. William Bergin (See Instructions on Reverse Side) ATTACID ENT 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? 5.0 acres b. Into what lot sizes? 2.02 & 2.98 C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. See map with application 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) 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? It will add one additional lot to the inventory of rural lots in the Waimea area. 4. Are there any buildings on the subject area? _446 - If so, what kind? There is a main house, guest house, trailer garage and feed storage area. What do you intend to do with those buildings if your request is approved? They will remain with one of the lots (25-A). 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. Suitablility of the proposed lot-size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- 4 . 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? N^ If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? N^ If so, what kind? Is the road adequate for the proposed traffic volume or load? vos 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 b. Roads x c. Sewer x d. Drainage x -3- Yes NO e. Police Protection % f. Fire Protection % g. Recreational Facilities % h. Public Utilities x i. Other R For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature. Address: 62-2279 B Kanehoa Drive Kamuela Hawaii 9672 Telephone: 885-4466 Date: q 7 -4- , - r 7 tr 0 ...-„ p.m i . 'g -cn er 7, rt " b / g . ' '. .. ? ... - X'•::----...-----..,-,,,,,+, ::..•:---_,....„,,, __:„..„ -- o co , NO ,.. Fri ::::::--.77.",,,,...., ..._,. 7 eGi6 " 0 .,0 ',.. ..• \ 111 0.4t L--1 is ! eszpq 1---• -----,..,...----1.......____ ce ., N',. •k\,,, , It 7-....„ _ ... I , yt: •., ...t: & /4-. \ .,. i S. ' ,,. s \ ` \c' . ''..4 /\\\ ' It b j a I , \ '',,' '''\ \ 1 i I ',. ' ‘ \ \ z _---1 ‘ 2..."-' 11-11-1_,_: *9-t.: it t \,.., ',', ,, \ lc v•-•-i-\ ".. N 1 -------,., in ..(4 1 'T- aa , " ' , 1 ---j\., ,...-'' 0/0.,,,,, f„-• \ HS° 1 04 ' g 0 ta x L11, .e.)4-) : ' '' \ '1, .1e7urdc --,--- " •' --1 ..-- N. r ri i 1 1 ..10.01-..• ''' % : 0 C\i 1. 1 , i 0, ao:Oet..,• I '' t- ''' .-'' ....../ Z 1 I CD S.,.. I I C‘i • I In 01.-- .12 CI , ...) ! • I - HI. g t - ,,--- • : 178-36'00_-__& ____13 -55: ___----I 358'36 00 . 1.0 336.55' I , I.._, . i (C4) in co iCf) 0 1 Ci, t i o ! iii I i ort t•. ‘.... :ft 0 1 f! . ',-- . tr) Q i :ept- . C\i N- as t 1 at C4 . i 1 I ) P C N.1 i 0 t t. ...i..-• CD t f X) I. i 0 C\I i ......,._,_.„....,_,.......,._. ---i -00.eQ6ei ,ZI•cit, i 1................ I el in r-,• 0,cia -.,........ 1 Z o.c, P 4:C 00 o ›.-- •r- ri IF• 1 i so",1, t Z to< ‘'iti 1 1 i in il ig -- 2" z to 0,..c i z 0 0 ...... , co 0 a. o •-J z *1 i ' .....0,,,..........,,,,„4,4% 4c ck4OC B * Ey Lu 4,zt 5, it.v.. i Sel:H . -‘ ,‘ -J i'ij < M 1 < i 4C •P .....,, H '',..'• A .i 1 4 * , i i • 1 I 1 t 1 1 ,,. • 0 i 5 z 1 . 1 14 6, . ii w re 41 ug b ti6 lig . N • ...? . I 1 < I I Lao c.•-$ z , 1 < i • ' • 1 Of Lai gl , 1 ts3 . (f) 8. 1 ; , ! Z I <taii , ...., , . ..< 4 1 i 0 i ...... • 9 4 ' 17,4N-die.wth . . I LI 6 -Avow i i , 1 , ...1C I lit iI i i I i 1 . .„.. ____ ......... ........... ...... _ ,....._ .., .. ----- c RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: DR. WILLIAM AND PATRICIA BERGIN TAX MAP KEY (3) 6-2-09:25 We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-5a) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.0 acres) is located in the Kanehoa Subdivision on the south side of Kawaihae Road approximately across from the 63 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-09:25 GENERAL INFORMATION 1. Dr. William and Patricia Bergin are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.98 acre portion of the existing lot for their residential/agricultural purposes and to create an additional lot of 2.02 acres for use by a family member or possibly to market. 3. The existing lot presently has two access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying map. 4. One of the two proposed lots (25-B) is fully improved with a variety of structures that accommodate the Bergin's use of their property. The other proposed lot (25-A) is vacant but graded and fenced. 5. Electrical, telephone and cable television service is available to both lots through the underground utility system of the Kanehoa subdivision. 6. The applicants do not intend to improve Lot 25-A at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.00 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. One half of the site (proposed lot 25-B) is presently developed with a home, guest home, trailer garage and feed storage area. Lot 25-B is fully improved and landscaped. The balance of the site (proposed lot 25-A) is undeveloped though graded and fenced. Lot 25-A is barren except for a few grasses and weeds, see the attached environmental report. 14. 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. 15. 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. 16. 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. 17. The topography of the site is fairly level with slopes less than 10%. 18. The average annual rainfall is 20 - 35 inches. 19. 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 Ioams 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 of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is 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. 20. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 21. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 22. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 23. The 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 Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 24. There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 25. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 26. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of-way with 16' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water and presently has two meters. 29. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Kanehoa subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant uses such a system for his existing home and proposes that any other structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six 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. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: DR. WILLIAM AND PATRICIA BERGIN TAX MAP KEY (3) 6-2-09:25 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, 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 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. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 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 p variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that 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. 3. The applicants believe that 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 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. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • 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. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • 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. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • 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. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • 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. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has a right-of-way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of-way and 16' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The Department of Water Supply has provided a second water meter service to the subject property. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: DR. WILLIAM AND PATRICIA BERGIN TAX MAP KEY (3) 6-2-09:25 A. SUBJECT REOUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- 5a) to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Kanehoa subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.00 acres and will be subdivided to create two lots, 2.98 acres and 2.02 acres. Proposed lot 25-B is fully developed and is the residence for the applicant. The proposed lot 25-A is presently vacant but fenced and will be developed at some time in the future for use by a family member or to be sold. The present lot has two access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by two water meters provided by the County of Hawaii Department of Water Supply, these will provide service for the two proposed lots. The present dwellings use individual wastewater treatment systems that comply with all rules of the State Department of Health. It is proposed that any new structures will also fully comply with these regulations. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-5a). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, 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 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. 2. The applicants believe 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)AIl uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 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 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. 3. The applicants believe that 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 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. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • 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. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • 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. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • 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. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • 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. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has a right-of-way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of-way and 16' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The Department of Water Supply has provided a second water meter service to the subject property. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.00 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east the ocean. 3. One half of the site (proposed lot 25-B) is presently developed with a home, guest home, trailer garage and feed storage area. Lot 25-B is fully improved and landscaped. The balance of the site (proposed lot 25-A) is undeveloped though graded and fenced. Lot 25-A is barren except for a few grasses and weeds, see the attached environmental report. 4. 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. 5. 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. 6. 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. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. 10. 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 of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is 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. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The 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 Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 16. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of-way with 16' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply water and presently has two meters. 3. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Kanehoa subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant uses such a system for his existing home and proposes that any other structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six 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. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: I. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and over 50% has been fully developed in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-5a to RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. 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. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-09:25 LOT 25 KANEHOA SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Prepared by Phillip A. Conley ALIEN GRASSES: Agrostis alba L. Chloris barbata S. Chloris divaricata R. Chloris radiata L. Cynnadon dactylon L. Pennisetum purpureum S. Digitaria sularis L. ALIEN TREES AND SHRUBS: Argemone glauca P. Acacia decurrens W. Indigofera suffrutiosa M. Erodium cicutarium L. Leucana leecocephala L. Ricinus communia L. Mimosa pudical L. Ipomoea congests R. Lanatan comara L. Stachyerphera jamaicensts L. Emilia sanchifolia Veronia cinerea L. Zinnia pauciflora L. Reichardia picroides L. Sida fallax W. Bouganvillea spectabilis Bouganvillea paruflora Boubanvillea glibra Xanthosoma roseum S. Spathiphyllum efolium Carica papaya Piper nigrum Croton varigatum Murraya paniculata Casaurina equeisetfolia Penniserum sataceum Acacia koa Eucalyptus Palmceae, various psecies Rosa