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HomeMy WebLinkAboutCOM 0976.000 1996-1998 7!r Wittiam G. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho 61.4 Deputy Managing Director a~rrtt'~ R ~ II1x2Cv II ~tlllttitt 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 - KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 September 3, 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 98-3) Request: Agricultural to Rural Change of Zone Application (REZ 98-14) Request: A-5a to RA-2a Applicant: Henry Clinton Williams and William R. Sanford Tax Map Key: 6-2-11.22 Change of Zone Application (REZ 98-11) Applicant: Michael & Gale Sansone and Rhody & Susan Edwards Request: A-20a to A-10a Tax Map Key: 7-3-26:09 Change of Zone Ordinance No. 90-85 (REZ 665) Applicant: Wham, Inc. Request: Amendment to Conditions B & C, Delete Conditions D & E Tax Map Key: 7-5-4:6 and 13 Change of Zone Ordinance No. 90-139 (REZ 674) Applicant: Dale McGowan Request: Time Extension to Condition C Tax Map Key: 5-9-8:5 file tixf. ILr4. i7aze_ ~SEP 8 1998. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 September 3, 1998 Street Name (SUB 6008) Kipona Hills Subdivision and Sunset Ridge at Waikoloa, Phase 3 Subdivision Tax Map Key: 6-8-29:39-44 Street Name Kaloko Light Industrial Subdivision Tax Map Key: 7-3-51 Street Name Kona Heavens Subdivision Tax Map Key: 7-3-9 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 letters and enclosures regarding the above-referenced requests. Sincerely, St en K. Y ashiro Mayor LWi HOLMAY Enclosures cc: Planning Department Sills .390 "-19/ Stephen K Yamashiro ,c• Mayor wq~ ~r ••OI N (9IItttttt Of ~"UTT* PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-9252 i8EP 0 3 1998 (888) %1-8288 . Fax (SM) %1-961s 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 98-3) Request: Agricultural to Rural Change of Zone Application (REZ 98-14) Request: A-5a to RA-2a Applicant: Henry Clinton Williams and William R. Sanford Tax Map Key: 6-2-11:22 The Planning Commission, after a duly held public hearing on August 20, 1998, voted to recommend for your approval the proposed legislative bills to change the district classification for approximately 5.203 acres of land from Agricultural (A-5a) to Residential and Agricultural (RA-2a) and for a State Land Use Boundary Amendment from an Agricultural to Rural District. The property is located in Anekona Estates Subdivision on the south side of Kanehoa Drive approximately 1/4 mile south of Kawaihae Road, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the applications: 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 for the Rural district boundaries: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 (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 located within the State Land Use Commission Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-5a; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 26 lots that are owned through Condominium Property Regimes within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-5a to RA-2a for a 5.00 acre parcel in the Kanehoa Subdivision. Similar land use changes were also approved in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. 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, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 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 similar agricultural land uses and uses that are compatible to the Rural designation. The applicants have stated that the 5.203 acres will be subdivided into two residentiahagricultural 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. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street approximately 600 feet east of its intersection with Anekona Street. Both roadways have a right-of-way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 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-la 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 and 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: 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 2.626 acre portion near the Kaeanuiomano Stream and a 2.577 acre parcel along Kanehoa Street for residential/agricultural purposes. 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 Anekona 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 Pun 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 lands are located within the State Land Use Commission Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-5a; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 26 lots that are owned through Condominium Property Regimes within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-5a to RA-2a for a 5.00 acre parcel in the Kanehoa Subdivision. Similar land use changes were also approved Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street approximately 600 feet east of its intersection with Anekona Street. Both roadways have a right-of-way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Subdivision as well as the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, 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 a 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 and 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, an amendment to the SLU Boundaries Map No. H-25 for the County of Hawaii and an amendment to Section 25-8-7 (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 and a copy of the staff background for your information. Sincerely, 4"7 Kevin M. Balog, Chairman Planning Commission LWHE02TC Enclosures cc: Mr. Gregory R. Mooers Mr. Henry Clinton Williams Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu Land Use Commission BSuf"01.e,MVmy-m120r98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HENRY CLINTON WILLIAMS AND WILLIAM R. SANFORD STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 98-3) AN OF ZONE APPLICATION (REZ 98-14) HENRY CLINTON WILLIAMS AND WILLIAM R. SANFORD 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 and Agricultural (RA-2a) for approximately 5.203 acres of land. The property is located in the Anekona Estates Subdivision on the south side of Kanehoa Drive approximately 1/4 miles south of Kawaihae Road, Ouli, South Kohala, Hawaii, TMK: 6-2-11:22. GENERAL INFORMATION 1. Land Ownership: Henry Clinton Williams, Sandie H. Williams and William R. Sanford are the owners of the subject property. PROPOSED DEVELOPMENT 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 and Agricultural (RA-2a), for approximately 5.203 acres of land. 3. Objectives: "The applicants are proposing to create a two lot subdivision using a 2.626 acre portion near the Keanuiomano Stream and a 2.577 acre parcel adjacent to the access road. "The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying map. 'Both of these lots are presently undeveloped." 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 June 16, 1998) ATTACH. C-976 (B-290 & 291) STATE AND COUNTY PLANS 5. SLU: Agricultural. 6. Hawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 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 5.203 acres. The property is rectangular shaped, and is located within the Anekona Estates Subdivision, a 36-lot subdivision. 12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-5a; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 26 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-5a to RA-2a for a 5.00 acre parcel in the Kanehoa Subdivision. Similar land use changes were also approved in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. -2- 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. 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 Putt 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 previously grazed by cattle. 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 Department of Land Natural Resources- Historic Preservation Division should any archaeological sites be encountered during the course of development. PUBLIC UTILITIES AND SERVICES 19. Access: The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street approximately 600 feet east -3- of its intersection with Anekona Street. Both roadways have a right-of-way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 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. 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 a septic tank system. 22. Utilities: Electrical and telephone service are or will be made available to the property. AGENCIES' COMMENTS 23. Police Department (June 25, 1998 Memo): "We have reviewed the above-referenced application and foresee no adverse affect to traffic or public safety." 24. Fire Department (June 22, 1998 Memo): "We have no comments on the above-referenced State Land Use Boundary Amendment and Change of Zone Application." 25. Department of Finance-Real Property Tax (July 1, 1998 Memo): "There are no comments at this time. "Status of real property taxes: Current" 26. Department of Land and Natural Resources, Division of Land Management (June 22, 1998 Memo): "We have no comments on the above request." 27. Department of Land and Natural Resources, Land Division (June 24, 1998 Letter): "Thank you for the opportunity to review and comment on the subject applications. "The Department of Land and Natural Resources has no comments to offer on the subject matter at this time." -4- 28. Department of Land and Natural Resources, Historic Preservation Division (June 25, 1998 Letter): "This is in response to your Memo of June 17, 1998 regarding the subject application. "The application notes that the subject parcel has been extensively graded for development and that it was also previously used for cattle pasture. Based on this information concerning previous land use, we believe that it is highly unlikely that the parcel contains significant historic sites. We thus believe that the proposed use of this land will have `no effect' on significant historic sites." 29. Department of Health (June 24, 1998 Memo): "The Department of Health does not have any objections to the Change of Zone Application. As a reminder, the proposed lots are located in the designated Critical Wastewater Disposal Area. Wastewater disposal for lot sizes less than five (5) acres will require the use of septic tank systems." 30. Land Use Commission (June 24, 1998 Letter): "We have reviewed the subject applications and supporting document as transmitted by your memorandum dated June 17, 1998, and confirm that the subject parcel, identified as TMK: 6-2-11:22, 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." 31. Department of Transportation (July 1, 1998 Letter): "The proposed 2-lot subdivision will not adversely impact our State highway facilities." 32. Waimea Community Association (July 15, 1998 Letter): "The Plan Review Committee of the Waimea Community Association has reviewed the subject request for review of the above project and has the following comments: "We understand that a condition of this action is that no ohana houses will be permitted in the subject properties after change of zone is approved. Since the density will not be increased over that presently allowed with CPR process, we have no objections to this application. " -5- 33. Department of Public Works: (See Exhibit B - July 15, 1998 Memo) Applicant's Response: (See Exhibit C - July 27, 1998 Letter) 34. Department of Water Supply: (See Exhibit D - June 30, 1998 Memo) Applicant's Response: (See Exhibit E - July 17, 1998 Letter) AGENCIES - NO RESPONSE 35. Department of Agriculture, Natural Resources Conservation Service, and HELCO PUBLIC COMMENTS 36. The Department has not received any comments or objections from the general public or adjacent landowners on the subject applications. -6- COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Henry Clinton Wi liams and William R. Sanford APPLICANT'S SIGNATURE . : MAILING ADDRESS: P.O. Box 1924 Kamuela, Hawaii 96743 TELEPHONE: (BUS) DOS 60yy (HOME) LANDOWNER: Henry Clinton Williams, Sandie H. Williams and William R. Sanford LANDOWNER'S SIGNATU TAX MAP KEY: (3) 6-2-11:22 LAND AREA: 5.203 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. EXH159T 'A 0400q PD 2/26/87 COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: Henry C. Williams, Ren Sanford APPLICANT'S SIGNATURE: Q1y~o~ ATE:June 10, 1998 ADDRESS: P.O. Box 1924 Kamuel , Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 885-6044 (Res.) 882-1324 (Fax) 885-5488 LANDOWNER(S): Dr. Ren Sanford, Henry C. Williams, Sandie H. Williams LANDOWNER SIGNATURE(S): DATETw!!c ~o, J49r LANDOWNER(S) ADDRESS: Ren Sanfor fi5a h9yMam)alahoa Hwy. Suite 12, Kamuela,Hi en P.O. Box 1924 REQUEST: Agricultural 5-acre TOResidential-Agricultural 2jamuela, Hawaii (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3/6/2/11/22 STREET ADDRESS OF PROPERTY: Kanehoa St. Kamuela, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.203 Acres AGENT: r e rv R Mon ra Mooerc Enterprises ADDRESS: P 0 Box 11o1 Kamuela Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: wooers COPIES: Henry Clinton Williams t ATTACILSENT 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? 5.203 acre b. Into what lot sizes? 2.626 acres, 2.377 a 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? Yes if yes, please answer the following questions: On how many of those lots? 2 At what approximate price range? House 5250.000 Lot Total Not for sale Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 vear If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) 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? This action will provide one additional agricultural-residential lot in the South Kohala area. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 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 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? JU If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of govermuental 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 x f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other % For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. &,O! wm_,e~~ nn Signature. Address: ~JdX ICIAI ,}/(~?vlNb~~ fMf j~ ~~y~ Telephone: Date: LX.KL -a -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: Henry Clinton Williams, Et Al. Owners TAX MAP KEY (3) 6-2-11:22 Lot 22 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-5a) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.203 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:22 GENERAL INFORMATION 1. Henry Clinton Williams, Sandie H. Williams and William R. Sanford are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.626 acre portion near the Keanuiomano Stream and a 2.577 acre parcel adjacent to the access road. 3. The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service is available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicants do not intend to improve the lots 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 5.203 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. 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. 14. 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. 15. 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. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. 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 to 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. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. 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. 22. 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 east of the Anekona subdivision and Kanehoa subdivision, A-5a, is immediately east. The Ouli subdivision, A-Ia, located to the west of the site is undeveloped at this time. 23. There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 25. 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 20' of j asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water and two water services have been installed to accommodate the two lots. 29. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Anekona Estates 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 proposes that any structures built on the new lots 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: HENRY CLINTON WILLIAMS, ET AL. TAX MAP KEY (3) 6-2-11:22 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 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 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 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: HENRY CLINTON WILLIAMS, ET AL. TAX MAP KEY (3) 6-2-11:22 A. SUBJECT REQUEST: 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 ~ a Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.203 acres and will be subdivided to create two lots, 2.626 acres and 2.577 acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has an access point 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. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. 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)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 2054.5(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 Aneknoa Estates 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 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The Department of Water Supply has provided two water meter services 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 5.203 acre parcel located on the south side ofKanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle, 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. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 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 of Kanehoa. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 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 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply and two water meters have been already installed to provide service for the two proposed lots. 3. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Anekona Estates 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 proposes that any structures built on the new lots 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. T 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 utilized for the pasturing of cattle 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 agricultural-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. Phillip Conlcy BOTANICAL SURVEYS P.O. BOX 2319 KAIMUELA lrl. 96743 R 0 A D LOT 22 KANEHOA PLANTS HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Ruffle Pennisetum sataccum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow guava Schimcs terebinthiifolius Christmas berry Phillip Conley Biologists SITE PHOTOGRAPHS g w 3 .sK'r e; ••AS rryy .~y'+~A ie~M,OSth Sys a ~ 12 ~ ..f, ~?w"yr.r '?'r:~'"i VM'~:My~p+c;',7I9:'ipnf(` '111 Yl¦P ~ dC` ro . ~ r• l~ ~ t '+-d ..may ~s sl r c~y;.~. a<Ja~/r /t aa~!. i ~u/i. N~!'• s r .ate l r s ,T„j,~VF' /f•~'f e- 1y View looldng south showing the grasslands and neighboring properties. Y RIB M ~ k View looking south-southwest showing neighboring properties and the undeveloped lots. 1 Ih, ~ - i pR^ aa: b O N N O S L+ O w a - a r O O n mN ' o I Oren I ; o mo z,-U Z i In O ~ ~ o a~ z°vi Z 2 - F i D z ratio ~ O 0 0 3 ~ ~ Z m ~ xg O N N.. Q O ~ , E ~ o w 0 i s o 0 xnrmmm el DEPARTMENT OF PUBLIC WOkr<S COUNTY OF HAWAII HILO, HAWAII DATE July 15, 1998 Memorandum v TO Planning Director LP FROM epartment of Public Works Engineering Division SUBJECT: Change of Zone Application (REZ 98-14) State Land Use Boundary Amendment (SLU 98-3) Applicant: Henry Clinton Williams and William R. Sanford Location: Ouli, South Kohala, HI TMK: 6-2-11:22 We have reviewed the subject application and offer the following comments: 1. Building shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. 4. Portions of the project area are within the Keanuiomanu Stream drainage easement; identify the easement boundaries on the plans. If you have any questions please contact Thomas Pack in our Kona office at 327-3530. TWP:bdc cc: Engineering - Hilo Engineering - Kona Planning - Kona IE7K~g~B~~ 06846 DOERS ENTERPRISES P.O. Box 1 10 1 KAMUELA, HAWAII 96743 Cm= July 27, 1998 Ms. Virginia Goldstein, Director u Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 ci Re: State Land Use Boundary Amendment Application (SLU 98-3) rP Request: Agricultural to Rural Change of Zone Application (REZ 98-14) Request: Agricultural (A-5a) to Residential-Agricultural (RA-2a) Applicant: Henry Clinton Williams and William R. Sanford Tax Map Key: 6-2-11:22 5.203 acres Dear Ms. Goldstein: Your letter of July 24, 1998, transmitted the comments from the Department of Public Works on the two applications specified above. I have reviewed the comments with the applicants and offer the following response. We agree with the comments made by Department of Public Works and all development on the property will comply with all portions of the building code and Chapter 10. The final plat map will reflect the limits of the Keanuiomanu Stream. If you or your staff have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, f~9n_ i''"'~0"04_ Gregory . Mooers President GRM/sp XHA591 0 70 70 PHONE: (808) 8856839 FAX: (808) 885.1574 of rAr4 0~4` f °Ii 11 If DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII i~O,` 25 AUPUNI STREET • HILO, HAWAII 96720 °r xlrrll. TELEPHONE (808) 961-8660 FAX (808) 961.8657 June 30, 1998 fl v c.. T0: Planning Department ' FROM: Milton D. Pavao. Manager c-= SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION NO. 98-003 `ice REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION NO. 98-014 REQUEST: A-5a TO RA-2a APPLICANT - HENRY CLINTON WILLIAMS AND WILLIAM R. SANFORD TAX MAP KEY 6-2-011:022 We have reviewed the subject applications and have the following comments. Please be informed that there is an existing service lateral that will accommodate a 5/8- inch meter to each lot. However, the service for Lot 22-B is located approximately in the middle of the entrance to the pole portion of the lot. Therefore, the service lateral must be relocated. Final subdivision approval is subject to the applicant complying with the following conditions: 1. Cut and plug the existing service lateral to Lot 22-B at the main. 2. Reinstall the service lateral near the common boundary of proposed Lot 22-A or Parcel 21. 3 Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii, for review and approval. Should there be any questions. please call our Water Resources and Planning Branch at 961-8660. ,L Milt. Pavao. P.E. Manager EXHIBIT[ JJ AA:gms zopy - Messrs. Henry Clinton Williams and William R. Sanford Mooers Enterprises Wafer ~ringd rrogreed... GOERS ENTERPRISES P.O. BOX 1101 KAMuF-LA, HAWAII 96743 1 Pn 2 18 July 17, 1998 C~U1iT Y C; c,V,'~11 Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Applicani-3n',SLT_r 08-3) Request: Agricultural to Rural Change of Zone Application (REZ 98-14) Request: Agricultural (A-5a) to Residential-Agricultural (RA-2a) Applicant: Henry Clinton Williams and William R. Sanford Tax Map Key: 6-2-11:22 5.203 acres Dear Ms. Goldstein: I have reviewed the comments that you have forwarded to me on the above applications from the Department of Water Supply and the Department of Health. I offer the following responses. The Department of Water Supply has indicated that property has service laterals that will accom- modate a 5/8" meter to each lot. They also indicate that the service lateral to lot 22-B is located within the pole portion of the lot and should be relocated. We disagree with this comment. The pole to this lot is designed to be 75' wide to accommodate not only the access and utilities to the lot, but also to accommodate copious amounts of landscaping on both sides of the driveway. The service lateral was located precisely in this location so that the water line could run adjacent to the paved access within the pole portion of the lot. The 75' width is more than adequate to accommodate the driveway, the waterline and the landscaping. We look forward to discussing this issue with the Department of Water Supply to address any concerns that they may have. We have read the comments from the Department of Health and will comply with their rules and regulations regarding the individual wastewater treatment systems. If you or your staff have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, Gr /Mooers (16 7 President PHONE: (808) 8856839 FAX: (808) 885-1574 STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural CHANGE OF ZONE APPLICATION Agricultural 5-acre to Residential Agricultural 2-acre Henry Clinton Williams, Et Al. TMK: (3) 6-2-11:22 Anekona Estates Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises June 16, 1998 COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Henry Clinton Williams and Willram R. Sanford APPLICANT'S SIGNATURE: MAILING ADDRESS: P.O. Box 1924 Kamuela, Hawaii 96743 TELEPHONE: (BUS) 8oS-6cfY (HOME) LANDOWNER: Henry Clinton Williams, Sandie H. Williams and William R. nford LANDOWNER'S SIGNATU a4-t,_ Py~ TAX MAP KEY: (3) 6-2-11:22 LAND AREA: 5.203 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 PD 2/26/87 e COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: Henry C. Williams, Ren Sanford APPLICANT'S SIGNATURE: ~y~oM ATE: June 10, 1998 ADDRESS: P.O. Box 1924 Kamuel , Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRL4CIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 885-6044 (Res.) 882-1324 (Fax) 885-5488 LANDOWNER(S): Dr. Ren Sanford, Henry C. Williams, Sandie H. Williams LANDOWNER SIGNATURE(S): DATE:Tw t9P LANDOWNER(S) ADDRESS: Ren Sanfor 6(WzRYMRm)elahoa Hwy. suite 12, Kamuela,Hi en P.C. Box 1924 REQUEST: Agricultural 5-acre TOResidential-Agricultural 21amuela, Hawaii (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3/6/2/11/22 STREET ADDRESS OF PROPERTY: Kanehoa St. Kamuela, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.203 Acres AGENT: r egory Rt Mooerc Mooerc Enterprises ADDRESS: P.C. Box 1101 Kamuela Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: Henry Clinton Williams (See Instructions on Reverse Side) r ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.203 acres b. Into what lot sizes? 2.626 acres, 2.577 ac: 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? Yes if yes, please answer the following questions: On how many of those lots? 2 At what approximate price range? House $250,00 0 Lot Total Not for sale Approximately how long, after approval of the subdivision, would the first house be available for occupancy? year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) 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? This action will provide one additional agricultural-residential lot in the South Kohala area. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 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 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? If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads % C. Sewer % d. Drainage % -3- , Yes No e. Police Protection % f. Fire Protection % 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. I/.~1^ Address: A,,CK (q.2-Y, 1~C~wlNt~i ff ilia ~~~J Telephone: Q0~~ /J-z ~ Gy Date:} y to -4- c STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: Henry Clinton Williams, Et Al. Owners TAX MAP KEY (3) 6-2-11:22 Lot 22 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-5a) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.203 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:22 GENERAL INFORMATION 1. Henry Clinton Williams, Sandie H. Williams and William R. Sanford are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.626 acre portion near the Keanuiomano Stream and a 2.577 acre parcel adjacent to the access road. 3. The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service is available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicants do not intend to improve the lots 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 5.203 acre parcel located on the south side ofKanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. 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. 14. 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. 15. 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. 16. The topography of the site is fairly level with slopes less than 10%. IT The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists of well-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 % slopes (PVD). This soil is found low on the leeward side ofHualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown 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. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. 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. 22. 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 east of the Anekona subdivision and Kanehoa subdivision, A-5a, is immediately east. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 21 There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 25. 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 UTIIdTIES 27. The property is located on Kanehoa Drive a private 50' wide right-of-way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water and two water services have been installed to accommodate the two lots. 29. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Anekona Estates 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 proposes that any structures built on the new lots 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. 1 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: HENRY CLINTON WILLIAMS, ET AL. TAX MAP KEY (3) 6-2-11:22 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: (I)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 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. a (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 n z 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 Anekona Estates 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 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The Department of Water Supply has provided and installed two water meter services 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: HENRY CLINTON WILLIAMS, ET AL. TAX MAP KEY (3) 6-2-11:22 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-Agri cultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.203 acres and will be subdivided to create two lots, 2.626 acres and 2.577 acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has an access point 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. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. 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)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 11 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: R (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-FAMU_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. • 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 Aneknoa Estates 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 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The Department of Water Supply has provided two water meter services 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 5.203 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 of the ocean. 3. The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle, 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. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 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 of Kanehoa. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 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 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply and two water meters have been already installed to provide service for the two proposed lots. 3. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Anekona Estates 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 proposes that any structures built on the new lots 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: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle 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 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 agricultural-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. i i Phillip Conley BOTANICAL SURVEYS P.O. BOX 2319 KAMUELA HI.96743 R O A D LOT 22 KANEHOA PLANTS HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Parini Opuntia tuna cactus Bothriochloa babinodis Buffle Pennisetum sataceum Fountain grass Uima Sida fallax Desmodium uncinatum Spanish clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow guava Schinus terebinthi, folius Christmas berry Phillip Conley Biologists SITE PHOTOGRAPHS 'r. View looldng south showing the grasslands and neighboring properties. View looldng south-southwest showing neighboring properties and the undeveloped lots. ~ i t{r t m a.w _ A 0 N y N 0 I (I N y 3 H - ~ ~ 1083070" - N616 60'991 . k i ~ u a . ~ N p q8 J ~ p T Q ~ a aO N m T V nV ``I O ~V rri 2 ~ O O Q ' 4 T I _ NJ N~1 a v, ti Q n N r-ri fV - iV C) T Up N r o Co Z' 1, _ ~o oT~ .gyp Z ~ ~ Z o { a ° C) G~ V1 p O y X ~ O p `T ~ ~ u8 TT a O cp = a ° T N ~ N N N O O i Z3 O to J p O m O m O ,.z. p In m a 18613'10" 28000 ROAD LOT ..8:. 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