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HomeMy WebLinkAboutCOM 1047.000 1996-1998 ?v sr William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho ~AyeAr'M~c _ Deputy Managing Director (60untV of'xfunii 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 October 26, 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: -'Change of Zone Application (REZ 98-17) Applicant: Dianne Jamieson-Feeney Request: A-40a to A-5a Tax Map Key: 6-4-2:3 State Land Use Boundary Amendment Application (SLU 98-6) Request: Agricultural to Urban Change of Zone Application (REZ 98-22) Request: A-5a to RS-10 and CV-7.5 Applicant: Parker Ranch, Inc. Tax Map Key: 6-4-01:Portion of 42 Change of Zone Application (REZ 98-20) Applicant: Mr. and Mrs. James William Cardin Request: A-20a to FA-3a Tax Map Key: 7-3-25:15 Change of Zone Application (REZ 98-21) Applicant: Mr. Kenneth K. Leong Request: A-5a to FA-la Tax Map Key: 7-4-4:33 OC;I 8 '7 1996 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 October 26, 1998 Change of Zone Application (REZ 98-15) Request: Open to Project District Applicant: Kaupulehu Developments Tax Man Key: 7-2-3:Portion of 1 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, phen KYa ashiro Mayor Enclosures cc: Planning Department M<v,os, Stephen K. Yamashiro ~y Mayor h ar N fgunnfv of ('!Wtfvnit, PLANNING COMMISSION 25 Aupuni Street, Room 109 • Mo, Hawii 96720.4252 (808) 961-8288 Fax (808) %1-9615 OCT 2 6 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: Change of Zone Application (REZ 98-17) Applicant: Dianne Jamieson-Feeney Request: A-40a to A-5a Tax Man Key: 6-4-2:3 The Planning Commission, after a duly held public hearing on October 16, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 80.9797 acres of land from Agricultural (A-40a) to Agricultural (A-5a). The property is located on the south side of Mamalahoa Highway and southeast of Nani Waimea Subdivision at Puukapu, Waimea, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the 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 quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed Change of Zone from an Agricultural (A-40a) to Agricultural (A-5a) zoned district would conform to the following goals, policies and standards of the Land Use and Agriculture Elements of the General Plan: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Protect and encourage the intensive utilization of the County's limited prime agricultural lands. o The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o Agricultural land shall be used as one form of open space or green belt. While the potential for agricultural uses may exist, the project site soils are classified Kikoni Series (KXC). This soil consists of well-drained, very fine loams that formed in volcanic ash. These soils are nearly level to moderately sloping. They are on the Waimea plains at an elevation ranging from 2,600 to 3,600 feet. In a representative profile, the surface layer is very dark brown very fine sandy loam about 6 inches thick. The surface layer is dark brown and dark reddish-brown very fine sandy and silt loam. The substratum is fragmental Aa lava. The surface layer is neutral, and the subsoil is mildly alkaline. The surface is extremely stony in places. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. Soils within the subject property have been classified as "C" (Fair) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. The subject property is classified as "Prime" agricultural land by the ALISH system. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 "Prime" agricultural lands have the soil quality, growing season and moisture supply needed to produce high sustained yields of crops economically when treated and managed according to modern farming methods. The requested A-5a zoning will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Intensive Agricultural" designation by the General Plan LUPAG Map. In the implementation of these goals and policies and standards, the applicant will complete its proposed project in compliance with all of the codes and standards referenced above. Therefore the proposed rezoning and development will complement land uses within the community and neighborhood it is proposed to be located in. The proposed subdivision of sixteen lots would be compatible with the rural character of the surrounding lands and provide opportunities for a mix of farm residential, hobby or limited scale agricultural activities on lands that are well suited for agricultural pursuits. These 5-acre lots would be compatible with the surrounding area. An adjoining parcel to the west was recently rezoned to FA-la. Lands to the west are also zoned A-3a, A-la and A-40a; to the north, east and south are zoned A-40a; to the northwest of the property are zoned A-la, and A-5a. Those surrounding parcels are within the State Land Use Agricultural district. Kamuela Haven, located further west of the subject property is a residential subdivision zoned A-la but with non-conforming 7,500 square feet lot sizes. Similarly, Nam Waimea Subdivision located northwest and across Mamalahoa Highway is a residential subdivision zoned A-la with non-conforming 8,900 square feet lot sizes. Lands to the east are zoned A-40a. Surrounding land uses include various single-family residential and agricultural uses. The proposed 5-acre lot size will also provide additional opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 40-acre zoned parcels. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this area. Primary access to the subject area is presently off of Mamalahoa Highway, an improved 60-foot wide right-of-way and a 20-foot wide paved roadway surface. The Department of Public Works Engineering Division recommends relocation of the access to line up with the road across Mamalahoa Highway to the north, all lots be accessed from one common roadway, and roadway improvements to Mamalahoa Highway along the property's frontage. These requirements will be included as conditions of approval. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Water for the existing building is presently served by an existing 12-inch waterline fronting the subject property. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to support the proposed development. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Flood Insurance Rate Maps (FIRM) indicate that the property is located in Zone X, area determined to be outside of the 500-year flood plain. There are no significant drainageways anticipated. While there are no indications of surface water flow on-site, the applicant will abide by all applicable County guidelines for run-off generated by the development. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Archaeological sites are not anticipated to be located within the subject property due to former and current agricultural activities and homesite improvements. The Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD) has indicated that the proposed subdivision development will have "no effect" on historic sites. Should historical sites be located within the subject property, the applicant will be required to immediately notify the DLNR-HPD. Based on the above findings, approval of the Change of Zone request from Agricultural-40 acres (A-40a) to Agricultural-5 acres (A-5a) zoned district would result in an appropriate land use pattern that will further the benefit of the general public. For your favorable consideration, an amendment to Section 25-8-11, the Lalamilo-Puukapu Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission Uamie0IPC Enclosures cc: Mr. Gregory R. Mooers Ms. Dianne Jamieson-Feeney Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu { I B Feene01. emm/rhy-09/03 /98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DIANNE JAMIESON-FEENEY CHANGE OF ZONE APPLICATION (REZ 98-17) DIANNE JAMIESON-FEENEY has submitted an application for a Change of Zone by changing the district classification from Agricultural (A-40a) to Agricultural (A-5a) for approximately 80.9797 acres of land. The property is located on the south side of Mamalahoa Highway and southeast of Nani Waimea Subdivision at Puukapu, Waimea, South Kohala, Hawaii, TMK: 6-4-2:3. GENERAL INFORMATION 1. Land Ownership: Dianne Jamieson-Feeney is the owner of the subject property. BACKGROUND INFORMATION 2. October 24, 1994 - Subdivision No. 6482 was granted final approval for the consolidation/resubdivision of 2 existing lots to reconfigure the parcel. PROPOSED DEVELOPMENT 3. Request: The applicant is proposing a Change of Zone to change the district classification from Agricultural (A-40a) to Agricultural (A-5a), for approximately 80.9797 acres of land to develop a 16-lot subdivision. 4. Objectives: "As an integral part of her estate planning, the applicant is seeking to develop an equestrian ranching community for her family and others on the subject property. The applicant proposes to create (16) 5-acre lots to be used as individual ranches with a central riding arena, stables and corrals. It is the applicant's intention to keep lots 9 through 16 for herself and her immediate family and market lots I through 8 to others in this community that desire to share in the ranching activities and the equestrian center that the applicant has developed. It is the intention of the applicant and her husband to develop dwellings on her family lots for their children and parents. It is also the intent of the applicant to continue to ranch most of the property while developing farm-type dwellings on the property that will allow others to keep their ATTACH. C-1047 (B-327) activities on site. As a Realtor the applicant has received requests from a sufficient number of interested individuals that she feels confident that she can continue the ranching activities while sharing the ranching and equestrian lifestyle with others." 5. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 6. SLU: Agricultural. 7. Hawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 8. General Plan Consistency: Economic, Agricultural, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Intensive Agricultural. 10. Waimea Design Plan: The subject property is designated intensive agriculture by the Waimea Design Plan. 10. County Zoning: The property is currently zoned Agricultural-40 acre (A-40a). 11. 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 80.9797 acres. The property is rectangular-shaped with an existing single family dwelling, stable, riding arena, and corrals. 12. Surrounding Zoning/Land Uses: An adjoining parcel to the west was recently rezoned to FA-la. Lands to the west are also zoned A-3a, A-1a and A-40a; to the north, east and south are zoned A40a; to the northwest of the property are zoned A-la, and A-5a. Those surrounding parcels are within the State Land Use Agricultural district. Kamuela Haven, located further west of the subject property is a residential subdivision zoned A-la but with non-conforming 7,500 square feet lot sizes. Similarly, Nani Waimea Subdivision located northwest and across Mamalahoa Highway is a residential subdivision zoned A-la with non-conforming 8,900 square feet lot sizes. -2- Surrounding land uses include various single-family residential and agricultural uses. 13. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site Kikoni Series (KXC). This soil consists of well-drained, very fine loams that formed in volcanic ash. These soils are nearly level to moderately sloping. They are on the Waimea plains at an elevation ranging from 2,600 to 3,600 feet. In a representative profile, the surface layer is very dark brown very fine sandy loam about 6 inches thick. The surface layer is dark brown and dark reddish-brown very fine sandy and silt loam. The substratum is fragmental Aa lava. The surface layer is neutral, and the subsoil is mildly alkaline. The surface is extremely stony in places. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "C" (Fair) for agricultural productivity. 15. Agricultural Lands of Importance to the State of Hawaii (ALISH) system: The subject property is classified as "Prime" agricultural land. "Prime" agricultural lands have the soil quality, growing season and moisture supply needed to produce high sustained yields of crops economically when treated and managed according to modern farming methods. 16. FIRM: The subject property is located outside the 500-year flood plain (Zone X). 17. Flora/Fauna: Botanical Surveys conducted a flora and fauna study. The report indicates there are no rare, threatened or endangered plant or animal life in the area. 18. Archaeology: According to the applicant's report, there are no known historic, archaeological or cultural features on the site. There is no record in either the National or Hawaii Register of any sites on this property. The property was used extensively for the pasturing of cattle and horses. PUBLIC UTILITIES AND SERVICES 19. Roads: Access is off Mamalahoa Highway, a County of Hawaii roadway with a 60-foot wide right-of-way and a 20-foot wide paved roadway surface. The Department -3- of Public Works indicated that a new access point to the east be established. The applicant has stated they will comply with this condition. 20. Water: Water is provided by an existing 12-inch waterline that fronts the subject property. 21. Wastewater: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health for all newly created lots. 22. Utilities: Electrical and telephone service are or will be made available to the property. AGENCIES' COMMENTS 23. Police Department (July 21, 1998 Memo): "We have reviewed the above-referenced change of zone application and do not believe the request will negatively impact traffic or public safety." 24. Department of Finance-Real Property Tax (July 24, 1998 Memo): "Property receiving agricultural use value. "Status of real property taxes: Current." 25. Department of Health (July 16, 1998 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." 26. Department of Transportation (August 28, 1998 Letter): "The change of zone application request to rezone an 80.98 acre lot from Agricultural 40-acres (A-40a) to Agricultural 5-acres (A-5a) in Waimea will not adversely impact our State highway facilities. However, you should be aware that the cumulative effect of many of these small rezoning applications could result in a significant impact on our highway system. Therefore, both our agencies should become concerned if many of these rezoning requests occur in the same area and in the same timeframe." 27. Department of Land and Natural Resources, Historic Preservation Division (July 24, 1998 Letter): "This is in response to your Memo of July 9, 1998 with a request for our comments on the subject application. -4- "The application notes that the subject 80.98 acre parcel, located outside of Waimea, has been used for ranching and equestrian activities for decades and has a number of buildings on it. Based on this information it is highly unlikely that there are significant historic sites present. We thus believe that the proposed change of zone will have 'no effect' on significant historic sites." 28. Department of Land and Natural Resources, Land Division (August 7, 1998 Letter): "Thank you for the opportunity to review and comment on the subject Change of zone application. "Our Engineering Branch confirms that the proposed project site is located in Zone X. This is an area determined to be outside the 500-year flood plain. Our Commission on Water Resource Management recommends coordination with the county government to incorporate this project into the county's 20 year Water Use Development Plan, which is subject to regular updates. "The Department of Land and Natural Resources has no other comments to offer on the subject matter at this time." 29. Department of Public Works: (See Exhibit B - July 24, 1998 and August 31, 1998 Memos) 30. Department of Water Supply: ( See Exhibit C - July 28, 1998 and September 18, 1998 Memos) 31. Fire Department: (See Exhibit D - July 22, 1998 Memo) APPLICANT'S RESPONSE 32. Applicant's Response: (See Exhibit E - August 4, 1998, August 25, 1998, August 31, 1998, September 9, 1998 and September 10, 1998 Letters) PUBLIC COMMENTS 33. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -5- COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION 7 p~ I (Type or legibly print the requested informati6h) o,t, APPLICANT: Dianne Jamieson-Feeney Ci q`'ti t l," 4 1 1 APPLICANT'S SIGNATURE: ATE:6/25/98 ADDRESS: P. O. Box 232 Honolulu, Hawaii 96823 LIST APPLICANT'S INTEREST IF NOT OWNER: owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 949-1692 (Res.) 885-6836 (Fax) 945-7083 LANDOWNER(S): Dianne Jamieson-Feeney 4 l ATE: 6 / 25 / 98 LANDOWNER SIGNATURE(S): (May be by letter) LANDOWNER(S) ADDRESS: same as applicant REQUEST: Agricultural - 40 acre (A-40ao Agricultural - 5 acre (A-5a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-4-2:03 STREET ADDRESS OF PROPERTY: Mamalahoa Highway, Puukapu, Waimea SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 80.98 acres AGENT: Gregory R. Mooers, Mooers Enterprises ADDRESS: P . o . 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: Feeney COPIES: Mooers EXH9531 (See Instructions on Reverse Side) 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? 80.98 acr b. Into what lot sizes? 5 acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 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? 16 At what approximate price range? House Lot Total 300 000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one 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 project will provide sixteen agricultural lots with farm dwellings that will provide residential, agricultural and equestrain opportunities in this rural ranching community in South Kohala. 4. Are there any buildings on the subject area? Yes If so, what kind? There is an existing ranch house on the property, stables and riding arena. The ranch house is the applicant's home. What do you intend to do with those buildings if your request is approved? ' All structures will be retained. 5. Is the subject land currently being used for any agricultural activity? vPs If so, please list the kinds of products grown and on how many square feet or acres of land per product. Approximately 75 acrs of the site are used for pasturing cattle and horses for the on-going ranching operation. 6. Was your request to allow for the creation of smaller agricultural lots? VPC If so, did your plan include 'the following considerations? a. Commodity to be produced? - yes What kinds of commodity? Cattle ranching. b. Suitablility of the proposed lot-size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes -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? YPs Please state the proposed type of arrangement. The applicant proposes deed covenants and restrictions to insure the continued use of this property for agricul- tural pursuits. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. The property is located in Zone "X" on the FIRM maps. 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 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 X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: nn - Address: p ~O oZ 3 So2(o Z /7t C?Yl0 u u 9 &Z 3 a,gg Telephone: ~68) 9~F 9- /l042 or 885 - G 83(0 ssr~ Date: June 25. 1998 -4- COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 40-acres (A-40a) to Agricultural 5-acres (A-5a) APPLICANT: DIANNE JAMIESON-FEENEY TAX MAP KEY: (3) 6-4-2:03 Puukapu, Waimea, South.Kohala, Hawaii A. SUBJECT REOUEST I. Details of Proposed Use/Development: a. Project Description: The subject property is a 80.98 acre flat rectangular lot that has been used continuously for ranching and equestrian activities for decades. The present owner acquired the ranch from the previous manager of Parker Ranch, Hartwell Carter in 1981 and has continued the ranching operations for the past seventeen years with B & D Cattle Company as the operating entity. The applicant has added a riding arena and round pen for the training of horses and riders for various equestrian and rodeo events. The applicants' children have been actively involved in regional and national equestrian events. There is presently a ranch house, the applicant's home, on the property, corrals, the riding arena, round pen and stables area. The pastures are divided into various paddocks with fencing. Landscaping is focused around the home site with the balance of the property in grassy pastures. See the plant list provided as an exhibit to this application. b. Statement of objectives and reasons for the request: As an integral part of her estate planning, the applicant is seeking to develop an equestrian ranching community for her family and others on the subject property. The applicant proposes to create 16 5-acre lots to be used as individual ranches with a central riding arena, stables and corrals. It is the applicant's intention to keep lots 9 through 16 for herself and her immediate family and market lots 1 through 8 to others in this community that desire to share in the ranching activities and the equestrian center that the applicant has developed. It is the intention of the applicant and her husband to develop dwellings on her family lots for their children and parents. It is the also the intent of the applicant to continue to ranch most of the property while developing farm-type dwellings on the property that will allow others to keep their horses in close proximity to a top caliber riding facility and participate in the ranching activities on site. As a Realtor the applicant has received requests from a sufficient number of interested individuals that she feels confident that she can continue the ranching activities while sharing the ranching and equestrian lifestyle with others. c. Number of acres: 80.98 acres are covered by this request. d. Proposed units/lots/floor area of proposed building envelope: The applicant proposes to create 16 5-acre parcels and build homes on these parcels one at a time. The immediate emphasis will be to develop the family compound for the applicant's family. e. Time frame and cost: The applicant is proposing to develop the agricultural lots as soon as the zoning amendment is granted. Each lot will be developed at a rate of one or two dwellings per year. On-site infrastructure costs for the lots is estimated to be $125,000. The cost for the development of the individual dwelling units will vary from moderate ($125,000) to more elaborate ($300,000) depending on the needs and resources of the family members or buyers. f Membership size/number of employees and clientele: In addition to her immediate family the applicant believes the 5-acre ranch parcels will be marketed to local residents searching for an equestrian and ranching lifestyle. g. Parking arrangement: Parking for the lots created will be on each site as required by the Zoning Code. h. Traffic Impacts: The applicant believes that the traffic generated by the proposed agricultural lots will be minimal as many of the lots will not be developed for years and some of the developed lots will not be the full time residences for the various family members and the other owners. i. Other related information: The present access to this site on Mamalahoa Highway has been the historic access to this ranch for decades. Public Works has requested that the applicant relocate the access to the east to line-up with a road across Mamalahoa Highway. The applicant is proposing to accommodate this request. j. Proposed on-site and off-site infrastructure: The applicant does not propose any off-site infrastructure improvements at this time. The interior roadway system and water system are proposed to be developed to County standards as required by the subdivision code. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o 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. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diverstfred agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall strive for full employment. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need (1) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. GOALS 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 4. General Plan Designation: Intensive Agriculture. 5. Zoning: Agricultural 40-acre (A-40a) 6. Community Development Plan: The Waimea Design Plan has classified this property as intensive agriculture. 7. Special Management Area: The property is not within the County of Hawaii's Special Management Area. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 8. Description of subject property: The subject property is basically a rectangular parcel located on the south side of Mamalahoa Highway in Puukapu, Waimea, South Kohala, Hawaii. As a working ranch the site is flat and covered mostly with grasses for the pasturing of cattle and horses. There is one ranch house, the applicant's home, on the property that is surrounded by mature trees and other landscaping. The mean average rainfall is 45.60 inches as listed in An Inventory of Basic Water Resources Data: Island of Hawaii. 9. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk 1 to 9 as Zone 8. "None of this area has been covered by lava in the last 750 years, only a few percent of this area has been covered by lava in the past 10,000 years." 10. Distance from coastline: The subject property is approximately fifteen miles east of the coastline at Kawaihae Harbor. 11. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Prime Agricultural Land: "Land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods." 12. U.S.D.A. Natural Resources Conservation Service Report soil type: Maile Series. The Maile series consists of well-drained silt loams that formed in volcanic ash. These are nearly level to moderately steep soils on uplands. They are at an elevation ranging from 2,500 to 4,000 feet and receive 60 - 90 inches of rain annually. Their mean annual soil temperature is between 57-60 degrees F. The natural vegetation consists of ohia, tree fern, alapaio fern, kikuyu grass and white clover. These soils and Honokaa, Kahua, Kikoni, Palapali, Puu Oo and Umikoa soils are found in the same general area. Maile soils are used for pasture and woodlands. 13. The Land Study Bureau soil rating: C160. Soil series Nienie and Maile. Elevation: 2,500 to 3,500 feet; depth: deep; texture: medium; color: dark brown; parent material: volcanic ash; stoniness: non stony; drainage: well- drained but moist; slope: 0 to 10%; clime: humid, frequent fog; mean annual rainfall: 70-100 inches; machine tilability: well-suited. These soils are used for grazing, forestry and truck crops. 14. Flood Insurance Rate Map (FIRM) designation: Zone ")C' per the Engineering Division of Public Works. 15. Existing drainage ways or improvements: The property is flat pasture with no history of flooding. There are no drainage improvements on the site. 16. Air/noisehvater quality: The air quality is excellent as there are no industrial uses in the area and the normally occurring trade winds prevent the emissions from the active volcano from affecting the quality of air on the subject parcel. The area is a rural agricultural area with residential lots bordering the property on the west. As such there is little noise pollution. The water to the site is provided by the Department of Water Supply and meets all EPA guidelines. Historic Resources: 17. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: There are no known historic, archaeological or cultural features on site. There is no record in either the National or Hawaii Register of any sites on this property. This property was used extensively for the pasturing of cattle and horses. Natural Resources: 18. Existing floral/faunal resources: The site is presently covered with a variety of grasses and mature trees. There is some landscaping surrounding the house site. Please see the attached plant list for a more thorough discussion of the flora and fauna resources. There are no native or exotic plants on site. This site was used extensively for the pasturing of cattle and horses. The site is not known or expected to be a habitat for rare or endangered species. 19. Scenic or coastal resources: The property is located fifteen miles from the coastline and has no coastline views. The site is flat and has views of Mauna Kea to the south. Dense mature trees along the north side of the property prevent views to the north and views to the south for passing motorists. Social-Economic Characteristics: 20. Social settlement pattern for the area: This area has been a ranching community for many years, the home of Parker Ranch and many smaller cattle operations. Farmers have settled in the area to grow truck crops for the Big island and the rest of the state. There are retirees from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii Preparatory Academy has attracted many families with their national reputation as a high-quality college preparatory school. 21. Economic resources of the area: This ranching community is the home of numerous ranching and farming activities. Many residents are actively engaged in commercial agricultural activities. More recently residents have found employment at the resorts on the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened and this has provided a number of employment opportunities in the health care and related fields. Hawaii Preparatory Academy and Parker School are valued resources for the area. Waimea is also the host town for the headquarters of the Keck and CFH telescopes atop Mauna Kea. 22. Land values: According to a prominent Realtor in the area, vacant 5-acre parcels in this area are selling for $150,000. Surrounding lands: 23. Land use: The parcels to the west of the subject property are in residential uses, the 10,000 s.f lot subdivision of Kamuela Havens. To the east and south is pasture land with numerous rural residential units. Across Mamalahoa Highway to the north are several non-conforming subdivisions: Lindsey Subdivision, Nani Waimea, Kamuela Meadows, Pleasant Acres and Kamuela Highlands. 24. Zoning: The property to the west of the site, Kamuela Havens is zoned A-3a and one parcel (6-4-2:148) was recently rezoned to FA-la. Further to the west, the Puukapu Homesteads are zoned A-5a. Across Mamalahoa Highway to the north there is mixed zoning of A-Ia, A-5a and A-40a although there are numerous non-conforming subdivisions with lots as small as 8,000 s.f The property to the east and south are presently zoned A-40a. D. PUBLIC FACILITIES AND SERVICES 25. Description of access: The property has direct access onto Mamalahoa Highway. This access point has been used for over fifty years. The flexibility to relocate this access point to accommodate the Department of Public Works desire to line-up the access point with the road across the highway is some what hampered by the heavy growth of mature trees fronting the highway. The applicant does propose to accommodate Public Works concerns by moving the access point to the east to establish the intersection location that has been requested. 26, Availability of Water: Water is available to the site from the Department of Water Supply via a 12" waterline on Mamalahoa Highway. The applicant will make on-site improvements to allow for the sixteen water meters to be placed fronting each lot as required by the Department of Water Supply. 27. Sewage disposal: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. 28. Solid waste: Solid waste is taken to the County's solid waste transfer station in Waimea west of the project site. The applicant intends to use this existing transfer station for all new lots created. 29. Police and fire protection: This area is served by a police and fire stations located approximately 3 miles to the west of the site in Waimea. 30. Schools: The project site is located about four miles to the east of Waimea Elementary and Intermediate School, four miles east of Parker School, Hawaii Preparatory Academy's lower and middle schools and about six miles from Hawaii Preparatory Academy's upper school campus. 31. Parks: There is a County Parks and Recreation gym and park facility in Waimea approximately 4 miles from the subject parcel. 32. Other utilities and services: There is electrical, cable and telephone service on poles along Mamalahoa Highway that presently serves the home on-site and these services can be made available to the balance of the subject property as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 34. Mitigative measures proposed to avoid, minimize, recta or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. 35. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This would not allow the development of sixteen agricultural lots for ranching and diversified agriculture. It would also not increase the real property tax base as the proposed action would. 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction 16 additional rural-residential units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. AGRICULTURAL PLANS In Support of APPLICATION FOR CHANGE OF ZONE APPLICANT: DIANNE JAMIESON-FEENEY Agricultural Potential of the Property: While the property is classified as Prime Agricultural Lands by the ALISH maps and Intensive Agriculture by the General Plan, the soil is only classified as "C" or "Fair" by the Land Study Bureau, the identified uses for this soil type are pasturing cattle and horses, forestry and truck crops. Please see the discussion of the soil type (Maile Series - C 160) and its uses in the Environmental Report. Historical Uses of the Property: This property has been used as a working ranch for decades. The previous owner, Hartwell Carter, was the manager of Parker Ranch and operated a cow-calf operation on the subject parcel. Hartwell raised championship Hereford bulls and cows, which historically won at the Hawaii Cattleman's Associations annual auction. The applicant and her husband have continued this operation beginning in 1981 with their B & D Cattle Company as the operating entity. The herd was started with three hapai cows, a gift from Mr. Cater, and now numbers in excess of fifty cows, one bull and their yearly calves. Cows are bred and calves raised until they are sold locally for shipment to feedlots on the mainland for fattening and slaughter. The applicants have added the round pen and riding arena and have emphasized equestrian training in addition to the cattle operations. The applicants children are accomplished equestrians and have competed in events nationally. Proposed Uses of the Property: The applicant proposes to continue both the cattle operations and the equestrian training center on the ranch. Owners of the individual parcels will be able to pasture their horses around their own homes or take advantage of the central stable facilities. They will be able to schedule times in the arena for individual training sessions and/or compete in equestrian events to be held on-site. The homes will be constructed on individual lots and fenced in a manner that will allow the cattle to pasture in rotating paddocks throughout the entire parcel. The cow-calf operation is proposed to continue as it has for decades. Socio-economic Impacts of Proposed Uses: Many existing and potential residents of Waimea are searching for this type of ranching experience in conjunction with their residences. There are those who have a desire to keep their horses in pastures near their homes that will allow them to participate in equestrian activities on a daily basis without the inconvenience of trailering their horses to a riding arena or public riding area. This type of development will allow the applicant to utilize this property in a manner that will supplement the marginal income derived from ranching activities. With the uncertainties in the ranching business this is one way for the applicant to sustain cattle ranching as a way of life in Waimea and still derive economic benefit from her property. PHILLIP CONLEY BOTANICAL SURVEYS P.O.BOX 2319 Ph. 808-885-4156 KAMUELA, HI FENNEY BOTANICAL SURVEY 6/10/98 APPROX. 80.6 ACRES This survey was done for MOOERS ENTERPRISES on June 10, 1998. I walked the periphery of the property with repeated forays to the center of the property. I found no rare, threatened or endangered plant or animal species on this property. PASTURES COMMON NAME SCIENTIFIC NAME Iron weed Vemonia cinerea Coat Buttons Tridax procumbens Sow thistle Sonchus oleraceus None Crassocephalum crepiodiodes Oriental hawks beard Youngia japonica Beggar weed Desmodium torusom Thimble berry Rubus rosifolius Dandelion Taraxacum officinale Sweet clover Melilotus alba Morning glory Ipomoea insularis Stick tights Bidens pilosa Castor bean Ricinus commonis Common Ilima Sida fallax Strawberry Guava Psidium cattleianum Jacranda Jacranda ovalifolia Koa Acacia koa Yellow guava Psidium gaujava Tree fem Cibotium chamissoi Fountain grass Pennisetum setaceum Bermuda grass Cynodon dactylon Kikuya Pennisetum clandestinum Kyllinga pumila Bamboo Bambusa vulgaris Fern Nephrolepis exaltata Plantain Plantago lanceolata AROUND THE HOUSE AND OUT BUILDINGS Ti Cordyline tamminalis Monstera Monstera deliciosa Ginger Hedychium coronariana Hedychium flavum Poha Physalis peruviana Periwinkle Vinca rosea Tiare Gardenia tiatensis COMMON NAME SCHN1'IFIC NAME Gardenia Gardenia jasminoides Hibiscus Hibiscus schizoptalus Dombeya Dombeya wallichii Ohia Metrosidderous collina Mac nut Macadamia intergvifolia Avacodo Persea americona Banana Musa paradisiaca Moc orange Murraya paniculata Azelea Rhododendron sp. his his pallida Zennia Zennia elegans Impatiens Impatiens glandulifera Clivia Clivia miniata Thistle Crsium lanceulaticum Norfolk island pine Araucaria excelsa Eucalyptus Eucalyptus aobusta Paper bark Melaleuca leucadendron Ironwood Casuarina equisetifoha Lemon Citrus limon Cypress Cupvessum lustitanica Elephant ear Colocasla esculentum Magnolia Magnolia hypoleuca Christmas berry Hinus terebinthifolius Ash Fraxinus excelsior ;P* onfle I SITE PHOTOGRAPHS View looking south showing the pastures over proposed lots #1- #7. _ `.al arm , View looking south through the equestrian center and back pasture of proposed lots #9 - #16. SITE PHOTOGRAPHS gel > =.tY 9 } IN xfP' i I r. y r~ w ~ • ~ wt~w..w View looking east at the existing ranch house from interior roadway. 'fit. " e • ,.ti. y~~~t Y h . Ia. _ 1aT~0 r -0t t L p. t > Y~r. i >JY `ft t y n. V S^ a:.ii •l1i .f.'L.Qt.ie4~5 ~rlk' yt, ~ , View looking east at the access onto Mamalahoa Highway. € e; x 4E E E f{ 1 ~ i f' 9 r 'jri f t 1 'tl 1 a ~6^ a m J rya-s rl ° i !68 t9a L t~ N b O O ^ a' a I{Ri ~ - i^ m O. O Y O • < W [ c ° , ° ~nY e6 ~ i ~6: a ~ Z O J V7 1 _ op g r__ Z H= o~ 7 Ix 3 O a a Q Q O Q J N x~ g J O `ti Q ; Ps9 ° 22 a_ o a pRB g a ~ Q U S i `67 y 0 pe a ti i >i 1I~ 'I ~i i fit r _a E 1141 : DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE July 24, 1998 Memorandum TO Planning Director SID FROM m nt of Public Works Engineering Division 0 r~ SUBJECT: Change of Zone Application (REZ 98-17) Applicant: Dianne Jamieson-Feeney Location: Puukapu, South Kohala, HI TMK: 6-4-02:03 We have reviewed the subject application and offer the following comments: Building 1. Building shall conform to all requirements of code and statutes pertaining to building construction. Drainaae 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. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. 5. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. Memo to Planning Director July 24, 1998 Page 2 Solid Waste 6. The developer shall prepare a solid waste management plan for the development which is to be administered by the Association of Homeowners or by the developer if no association is established. 7. The plan shall include an analysis of anticipated solid waste volume and composition expected to be generated from the development. B. The plan shall include a waste reduction component which analyzes and implements techniques to be employed to achieve a refuse reduction goal consistent with the County's Solid Waste Management Plan. 9. The plan shall include a waste separation component which identifies reusable refuse products, a means of separating reusable products and a means to collect and deliver separated reusable products to an end market. 10. The plan shall mandate curb side collection of both putrid waste for land filling and clean separated products for recycling. 11. The plan shall include yearly reports identifying quantifiable goals attained in the waste reduction/recycling component. Roadways 12. Vehicular access to the individual lots should not be from Mamalahoa Highway. All the lots should be accessed from one common roadway. The access road must conform to County standards; the sight distance must meet the requirements of the Statewide Design Manual. 13. In the interests of pedestrian and bicyclist safety, Mamalahoa Highway should be improved along the property's frontage with a paved shoulder extending to the properly line. Pavement transitions, striping, drainage improvements, and relocation of utilities may be required. Roadway frontage equal to half the difference between 80' and the existing ROW width should be dedicated to the County per the General Plan. If you have any questions please contact Thomas Pack in our Kona office at 327-3530. TWP:sIs cc: Engineering - Hilo Engineering - Kona Planning - Kona DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE August 31, 1998 Memorandum TO Plaictor 7 FROM Department of Public Works Engineering Division SUBJECT: Change of Zone Application (REZ 98-17) Applicant: Dianne Jamieson-Feeney Location: Puukapu, South Kohala, HI TMK: 6-4-02:03 Please revise our July 24, 1998 memo as follows: Solid Waste 1. Revise our comment #6 to read: • The developer shall prepare a solid waste management plan, subject to the approval of DPW's Solid Waste Division, which is to be administered by the Association of Homeowners or by the developer if no association is established. 2. Please delete items #7411 from our July 24, 1998 memo. Roadways 3. Revise our comment #13 to read: • Roadway frontage equal to half the difference between 80' and the existing ROW width should be dedicated to the County per the General Plan. If you have any questions please contact Thomas Pack in our Kona office at 327-3530. TWP:sIs cc: Engineering - Hilo Engineering - Kona Planning - Kona a` lO^ c~ n n DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o~~~i aa~a 25 AUPUNI STREET • HILO. HAWAII 96720 x~r01 TELEPHONE (808) 961-8660 FAX (808) 961-8657 July 28, 1998 o T0: Planning Department FROM: Milton D. Pavao. Manager SUBJECT: CHANGE OF ZONE APPLICATION NO. 98-017 APPLICANT - DIANNE JAMIESON-FEENEY TAX MAP KEY 6-4-002:003 We have reviewed the subject application for the proposed change of zone and have the following comments. Water can be made available from an existing twelve (12)-inch waterline along the Mamalahoa Highway fronting the property. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the additional fifteen (15) units requested in the proposed sixteen (16)-unit development. the required water commitment deposit is $2.250.00. Remittance by the applicant of the 82.250.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Milton D. Pavao. P.E. Manager WA:gms EXHIBIT i C- Att. copy - (w/att.) Ms. Dianne Jamieson-Feeney 07147 (w/o att.) Mooers Enterprises n rI c\ wart, r. DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (808) 9618660 FAX (808) 961.8657 y September 18. 1998 a Ms. Dianne Jamieson Feeney P.O. Box 1116 ~y Kamuela, HI 96743 CHANGE OF ZONE APPLICATION NO. 98-017 TAX MAP KEY 6-4-002:003 This is to acknowledge receipt of the required $2,250.00 water commitment deposit for the proposed change of zone. We are enclosing receipt No. 183648 for your files. In accordance with the Department's "Water Commitment Guidelines Policy." a water commitment for the proposed development in the amount of 9.000 gallons per day or 15 additional units of water at 600 gallons per day per unit is hereby granted until August 31. 2001. For your information, should the subject request be approved and a subdivision application be executed, final subdivision approval will be subject to compliance with the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow conditions: minimum diameter of mains shall be 4 inches. b. service laterals that will accommodate a 5/8-inch meter to each lot. and c. the existing service lateral is to be cut and plugged at the main and relocated to the appropriate lot. C8g59 Ms. Dianne Jamieson Feeney Page 2 September 18. 1998 Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance, which is subject to change, of $48.375.00. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, the total facilities charge requirement, which is subject to change for the 15 additional lots, is $50.625.00. However, the total water commitment deposit paid to date is $2.250.00. Water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount. for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $48,375.00. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Commission of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Commission. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment. at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Ms. Dianne Jamieson Feeney Page 3 September 18, 1998 Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Milt Pavao. P.E. Manager WA: \gms-- Enc. copy - Planning Department Mooers Enterprises Customer Service Sections (Hilo, Waimea, Kona. Ka'u) wt~ oe FMK Nelson M. Tsuji Stephen K. Yamashiro Fire Chief Mayor Edward Bumatay Deputy Fire Chief f91runfg of pttfuttii FIRE DEPARTMENT 777 Kilauea Avenue • Mail Lane • Hilo, Hawaii 96720-4239 (808) 961-8297 • Fax (808) 961-8296 July 22, 1998 p ~ r To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief r SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-17) j APPLICANT: DIANNE JAMIESON-FEENEY REQUEST: A-40a TP A-5a TAX MAP KEY: 6-4-2:3 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. 112. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT 66956 To: Virginia Goldstein, Planning Director Page 2 July 22, 1998 113. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 July 22, 1998 It Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. 11(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief.,, (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 11(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both.,, Water supply shall be in accordance with UPC Section 10.301: "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos To: Virginia Goldstein, Planning Director Page 4 July 22, 1998 blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall To: Virginia Goldstein, Planning Director Page 5 July 22, 1998 be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." Fire Chief NMT/mo MOOERS ENTERPRISES P.O. Box 1 10 1 KAMUELA, HAWAII 96743 August 4, 1998 Ms. Virginia Goldstein Director, Planning Department County of Hawaii 25 Aupuni Street ` Hilo, Hawaii 96720 LP Re: CHANGE OF ZONE APPLICATION (REZ 98-17) AGRICULTURAL 40-ACRES TO AGRICULTURAL 5-ACRES APPLICANT: DIANNE JAMIESON-FEENEY TAX MAP KEY (3) 6-4-2:03 PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII Dear Ms. Goldstein: I have reviewed with the applicant the comments from the Fire Department and the Department of Water Supply related to the application identified above and offer the following responses. The comments from the Fire Department simply restate portions of the fire code. The applicant will construct the subdivision according to all provisions of the subdivision code that apply at the time of application. The Department of Water Supply has indicated that water is available for the proposed subdivi- sion and requests that the applicant insure the availability by paying a water commitment fee. The applicant will comply with this request. If you or your staff require additional information or have any questions, please contact me di- rectly. Thank you for your prompt review of this appliation. Sinc rely, Gre I Mooe President GRM:sp PHONE: (808) 8856839 FAx: (808) 885-1574 MOOERS ENTERPRISES P.O. Box 1 101 KAMUELA, HAWAII 96743 August 25, 1998 Ms. Virginia Goldstein _ r Director. Planning Department County of Hawaii . 25 Aupuni Street Hilo. Hawaii 96720 O Re: CHANGE OF ZONE APPLICATION (REZ 98-17) AGRICULTURAL 40-ACRES TO AGRICULTURAL 5-ACRES APPLICANT: DIANNE JAMIESON-FEENEY TAX MAP KEY (3) 6-4-2:03 PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII Dear Ms. Goldstein: I have reviewed with the applicant the comments from the Department of Public Works related to the ap- plication identified above and I have met with Mr. Tom Pack from DPW's Kona office to discuss these comments as well. We offer the following response. 1. Comments related to the building and drainage are understood and will be complied with. 2. The comments related to solid waste will be amended by Mr. Pack to omit comments 47 through #I I and modify comment #6 to include that the solid waste management plan will be approved by the Solid Waste Division. 3. Comment # 12 restricting vehicular access to one common driveway is understood and agreed to by the applicant. 4. Comment # 13 related to roadways will be amended by Mr. Pack in consultation with the Hilo office to allow for the reservation of the future road widening setback without requiring relocation of utili- ties or roadrvaN improeenlents by the applicant Mr. Pack will discuss these amendments with the Planning staff in Kona personally. If you or your staff require additional information or have any questions, please contact me directly. Thank you for your prompt review of this application. Sinc rely, 0,? Greg - Mooers President GRM:sp enclosures copy: Tom Pack. DPW. Kona 6189k si PHONE: (808) 8856839 FAX: (808) 885-1574 MOOERS ENTERPRISES P. Box 1 101 KAMUELA, HAWAII 96743 August 31, 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii w 25 Aupuni Street L - p Hilo, Hawaii 96720 Re: CHANGE OF ZONE APPLICATION (REZ 98-17) AGRICULTURAL 40-ACRES TO AGRICULTURAL 5-ACRES APPLICANT: DIANNE JAMIESON-FEENEY TAX MAP KEY (3) 6-4-2:03 PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII Dear Ms Goldstein. You forwarded a copy of the State Department of Land and Natural Resources' comments on the above application with your letter of August 27, 1998. I offer the following response. DLNR confirmed that the subject property is in FIRM zone "X". No response. They also suggest that we coordinate our efforts with the County in regard to the 20-year Water Use Development Plan. We have and will continue to work with the Department of Water Sup- ply as this project proceeds. DLNR offered no additional comments. Should you or your staff have any questions regarding this response or this application, please contact me directly. Thank you for your prompt review of this application. S,incer \ rig Greg . Mooers President GRM: sp copy: Department of Land and Natural Resources UB~;,JO PHONE: (808) 885-6839 Fn :1808) 885,1574 n.OOERS ENTERPRISES P.O. BOX 1 101 KAMUELA, HAWAII 96743 Q.> p , n FM 12 22 VV L,ai I •H YI Y1 September 9, 1998 Ms. Virginia Goldstein Director, Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: CHANGE OF ZONE APPLICATION (REZ 98-17) AGRICULTURAL 40-ACRES TO AGRICULTURAL 5-ACRES APPLICANT: DIANNE JAMIESON-FEENEY TAX MAP KEY (3) 6-4-2:03 PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII Dear Ms. Goldstein: You forwarded a copy of the State Department of Transportation's comments on the above ap- plication with your letter of September 1, 1998. 1 offer the following response. The applicant agrees with DOT that the proposed action "will not adversely impact our State highway facilities." No other response is indicated at this time. Should you or your staff have any questions regarding this response or this application, please contact me directly. Thank you for your prompt review of this application. Sin rely, ' i'v'y Gre ry . Mooers President GRM: sp copy: Department of Land and Natural Resources PHONE: (808) 8856839 FAX: (808) 88S 1 574 MOOERS ENTERPRISES P.O. BOX 1 101 KAMUF-LA, HAWAII 96743 QN; September 10, 1998 Ms. Virginia Goldstein Director / Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: CHANGE OF ZONE APPLICATION (REZ 98-17) AGRICULTURAL 40-ACRES TO AGRICULTURAL 5-ACRES APPLICANT: DIANNE JAMIESON-FEENEY TAX MAP KEY (3) 6-4-2:03 PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII Dear Ms. Goldstein: You forwarded a copy of the Department of Public Works Engineering Division's amended comments on the above application with your letter of September 4, 1998. I offer the following response. In my letter to you dated August 25, 1998, I summarized the results of a meeting that I had with Mr. Tom Pack of DPW's Kona office and my understanding of the amendments that DPW was planning to make. Since these amended comments are consistent with the discussion at that meeting the applicant agrees with the amended conditions and will comply. Should you or your staff have any questions regarding this response or this application, please contact me directly. Thank you for your prompt review of this application. Smcer ly, Grego ooers President GRM:sp copy: Department of Public Works PHONE (808) 8956699 C8590 FAx: (809) 865.1574 MOOERS ENTERPRISES P.O. Box 1 101 KAMUELA, HAWAII 96743 COUNCIL COPY DO NOT REMOVE .D 9 c, CHANGE OF ZONE APPLICATION DIANNE JAMIESON-FEENEY Agricultural 40-Acres (A-40a) to Agricultural Five-Acres (A-5a) TMK: (3) 6-4-2:03 Lot 3 as Shown on Map 2 of Land Court Consolidation 167 At Puukapu, Waimea, South Kohala Island and County of Hawaii, State of Hawaii Submitted by: Mooers Enterprises July 1, 1998 PHONE. (906) BSS i39 F": (809) 8851574 s ~ COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION ,q, P(° 1 (Type or legibly print the requested information) - ' APPLICANT: Dianne Jamieson-Feeney APPLICANT'S SIGNATURE: ATE: 6/25/98 ADDRESS: P. o. Box ?~2 za ~a i Honolulu, Hawaii 96823 LIST APPLICANT'S INTEREST IF NOT OWNER: owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 949-1692 (Res.) 885-6836 (Fax) 945-7083 LANDOWNER(S): Dianne Jamieson-Feeney LANDOWNER SIGNATURE(S): h ATE: 6/25/98 (May be by letter) LANDOWNER(S) ADDRESS: same as applicant REQUEST: Agricultural - 40 acre (A-40aO Agricultural - 5 acre (A-5a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-4-2:03 STREET ADDRESS OF PROPERTY: mamalahoa Highway, Puukapu, Waimea SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 80.98 acres AGENT: Gregory R. Nooers, iMooers Enterprises ADDRESS: P . o . 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: Feeney COPIES: Mooers (See Instructions on Reverse Side) ..iio k..nru4k3i. kit' LUNE APPLICATION MUST BE ACCOMPANIED BY THE FOLL01~7ING: 1. A filing fee of five hundt,_ dollars ($500) plus twenty-five du.,ars ($25) per lot or unit proposed by (he amendment. (Checks shall be made payable to the County Director of Finance) 2. The Original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. The Original and twenty (20) copies of the following background information on the subject property: A. Detailed written statement of objectives and reasons for the request, including details and size of proposed development; B. Description of the subject property in sufficient detail to precisely locate the property. Describe existing uses, structures and topography; C. State/County Plans affecting the subject request: State Land Use Boundary designation, General Plan designation, Zoning, Special Management Area and Community Development Plans; D. Surrounding zoning and land uses; E. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works - Engineering Division); F. Archaeological Resources (contact Department of Land and.Natural Resources); G. Floral and Faunal Resources; H. Description of access(es) to the area (e.g. width, type of surface and condition of roadway). If a private roadway, submit evidence of access rights; 1. Traffic impacts - assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use (a formal study may be requested by Department of Public Works or Department of Transportation during the review process); and 1. Availability of Utilities: Water, telephone, electricity, sewage disposal. 4. The Original and twenty (20) copies of a County Environmental Report - prepared by following the content guidelines for preparing an Environmental Assessment, established by HAR, Title 11, Chapter 200, Environmental Impact Statement Rules. A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment have been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 5. The Original and twenty (20) copies of a location map. 6. The Original and twenty (20) copies of a scale-drawn plot plan of the property showing property lines; topography, all existing and proposed structures, uses and improvements; proposed subdivision; and reference points. such as roadways, shoreline, etc. 7. One copy of a full-size (2' x 3') scale-drawn plot plan of Item 7 for presentation purposes:. 8. Legal description of the property in map and written form by metes and bounds as certified by a surveyor within 60 days from the filing date of the application. 9. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. FORMS - [122197 (fAwp60\forms\pd\zoneapp1.skg) 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? 80.98 acre b. Into what lot sizes? 5 acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 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? 16 At what approximate price range? House Lot Total 300 000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one 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 c 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 project will provide sixteen agricultural lots with farm dwellings that will provide residential, agricultural and equestrain opportunities in this rural ranching community in South Kohala. 4. Are there any buildings on the subject area? Yes If so, what kind? There is an existing ranch house on the property, stables and riding arena. The ranch house is the applicant's home. What do you intend to do with those buildings if your request is approved? ' All structures will be retained. 5. Is the subject land currently being used for any agricultural activity? yea If so, please list the kinds of products grown and on how many square feet or acres of land per product. Approximately 75 acrs of the site are used for pasturing cattle and horses for the on-going ranching operation. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include 'the following considerations? a. Commodity to be produced? yes What kinds of commodity? Cattle ranching. b. Suitablility of the proposed lot-size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes -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? v pc _ Please state the proposed type of arrangement. The applicant proposes deed covenants and restrictions to insure the continued use of this property for agricul- tural pursuits. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. The property is located in zone "X" on the FIRM maps. 8. Do you think that the roads leading to the subject area needs improvements? Nr) If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x 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 X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: r• 60oP.3S-.Z6 Z ffono u u, / 96 7- 3 a' Telephone: ?Y g) Ig9- x&42 or 885- 83 C4 7s19~ Date: June 25. 1998 -4- COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 40-acres (A-40a) to Agricultural 5-acres (A-5a) APPLICANT: DIANNE JAMIESON-FEENEY TAX MAP KEY: (3) 6-4-2:03 Puukapu, Waimea, South Kohala, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 80.98 acre flat rectangular lot that has been used continuously for ranching and equestrian activities for decades. The present owner acquired the ranch from the previous manager of Parker Ranch, Hartwell Carter in 1981 and has continued the ranching operations for the past seventeen years with B & D Cattle Company as the operating entity. The applicant has added a riding arena and round pen for the training of horses and riders for various equestrian and rodeo events. The applicants' children have been actively involved in regional and national equestrian events. There is presently a ranch house, the applicant's home, on the property, corrals, the riding arena, round pen and stables area. The pastures are divided into various paddocks with fencing. Landscaping is focused around the home site with the balance of the property in grassy pastures. See the plant list provided as an exhibit to this application. b. Statement of objectives and reasons for the request: As an integral part of her estate planning, the applicant is seeking to develop an equestrian ranching community for her family and others on the subject property. The applicant proposes to create 16 5-acre lots to be used as individual ranches with a central riding arena, stables and corrals. It is the applicant's intention to keep lots 9 through 16 for herself and her immediate family and market lots 1 through 8 to others in this community that desire to share in the ranching activities and the equestrian center that the applicant has developed. It is the intention of the applicant and her husband to develop dwellings on her family lots for their children and parents. It is the also the intent of the applicant to continue to ranch most of the property while developing farm-type dwellings on the property that will allow others to keep their horses in close proximity to a top caliber riding facility and participate in the ranching activities on site. As a Realtor the applicant has received requests from a sufficient number of interested individuals that she feels confident that she can continue the ranching activities while sharing the ranching and equestrian lifestyle with others. c. Number of acres: 80.98 acres are covered by this request. d. Proposed units/lots/floor area of proposed building envelope: The applicant proposes to create 16 5-acre parcels and build homes on these parcels one at a time. The immediate emphasis will be to develop the family compound for the applicant's family. e. Time frame and cost: The applicant is proposing to develop the agricultural lots as soon as the zoning amendment is granted. Each lot will be developed at a rate of one or two dwellings per year. On-site infrastructure costs for the lots is estimated to be $125,000. The cost for the development of the individual dwelling units will vary from moderate ($125,000) to more elaborate ($300,000) depending on the needs and resources of the family members or buyers. f Membership size/number of employees and clientele: In addition to her immediate family the applicant believes the 5-acre ranch parcels will be marketed to local residents searching for an equestrian and ranching lifestyle. g. Parking arrangement: Parking for the lots created will be on each site as required by the Zoning Code. h. Traffic Impacts: The applicant believes that the traffic generated by the proposed agricultural lots will be minimal as many of the lots will not be developed for years and some of the developed lots will not be the full time residences for the various family members and the other owners. i. Other related information: The present access to this site on Mamalahoa Highway has been the historic access to this ranch for decades. Public Works has requested that the applicant relocate the access to the east to line-up with a road across Mamalahoa Highway. The applicant is proposing to accommodate this request. j. Proposed on-site and off-site infrastructure: The applicant does not propose any off-site infrastructure improvements at this time. The interior roadway system and water system are proposed to be developed to County standards as required by the subdivision code. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o 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. POLICIES 0 The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunityfor choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall strive for f ull employment. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. SIANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (1) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. GOALS 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. 0 The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. 0 the County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 4. General Plan Designation: Intensive Agriculture. 5. Zoning: Agricultural 40-acre (A-40a) 6. Community Development Plan: The Waimea Design Plan has classified this property as intensive agriculture. 7. Special Management Area: The property is not within the County of Hawaii's Special Management Area. C. PHYSICAL CHARACTERISTICS AND ENVHiONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 8. Description of subject property: The subject property is basically a rectangular parcel located on the south side of Mamalahoa Highway in Puukapu, Waimea, South Kohala, Hawaii. As a working ranch the site is flat and covered mostly with grasses for the pasturing of cattle and horses. There is one ranch house, the applicant's home, on the property that is surrounded by mature trees and other landscaping. The mean average rainfall is 45.60 inches as listed in An Inventory of Basic Water Resources Data Island of Hawaii. 9. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk 1 to 9 as Zone 8. "None of this area has been covered by lava in the last 750 years, only a few percent of this area has been covered by lava in the past 10,000 years." 10. Distance from coastline: The subject property is approximately fifteen miles east of the coastline at Kawaihae Harbor. 11. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Prime Agricultural Land: "Land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods." 12. U.S.D.A. Natural Resources Conservation Service Report soil type: Maile Series. The Maile series consists of well-drained silt loams that formed in volcanic ash. These are nearly level to moderately steep soils on uplands. They are at an elevation ranging from 2,500 to 4,000 feet and receive 60 - 90 inches of rain annually. Their mean annual soil temperature is between 57-60 degrees F. The natural vegetation consists of ohia, tree fern, alapaio fern, kikuyu grass and white clover. These soils and Honokaa, Kahua, Kikoni, Palapali, Puu Oo and Umikoa soils are found in the same general area. Maile soils are used for pasture and woodlands. 13. The Land Study Bureau soil rating: C 160. Soil series Nienie and Maile. Elevation: 2,500 to 3,500 feet, depth: deep; texture: medium; color: dark brown; parent material: volcanic ash; stoniness: non stony; drainage: well- drained but moist; slope: 0 to 10%; clime: humid, frequent fog; mean annual rainfall: 70-100 inches; machine tilability: well-suited. These soils are used for grazing, forestry and truck crops. 14. Flood Insurance Rate Map (FIRM) designation: Zone "X" per the Engineering Division of Public Works. 15. Existing drainage ways or improvements: The property is flat pasture with no history of flooding. There are no drainage improvements on the site. 16. Air/noise water quality: The air quality is excellent as there are no industrial uses in the area and the normally occurring trade winds prevent the emissions from the active volcano from affecting the quality of air on the subject parcel. The area is a rural agricultural area with residential lots bordering the property on the west. As such there is little noise pollution. The water to the site is provided by the Department of Water Supply and meets all EPA guidelines. Historic Resources: 17. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: There are no known historic, archaeological or cultural features on site. There is no record in either the National or Hawaii Register of any sites on this property. This property was used extensively for the pasturing of cattle and horses. Natural Resources: 18. Existing florallaunal resources: The site is presently covered with a variety of grasses and mature trees. There is some landscaping surrounding the house site. Please see the attached plant list for a more thorough discussion of the flora and fauna resources. There are no native or exotic plants on site. This site was used extensively for the pasturing of cattle and horses. The site is not known or expected to be a habitat for rare or endangered species. 19. Scenic or coastal resources: The property is located fifteen miles from the coastline and has no coastline views. The site is flat and has views of Mauna Kea to the south. Dense mature trees along the north side of the property prevent views to the north and views to the south for passing motorists. Social-Economic Characteristics: 20. Social settlement pattern for the area: This area has been a ranching community for many years, the home of Parker Ranch and many smaller cattle operations. Farmers have settled in the area to grow truck crops for the Big Island and the rest of the state. There are retirees from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii Preparatory Academy has attracted many families with their national reputation as a high-quality college preparatory school. 21. Economic resources of the area: This ranching community is the home of numerous ranching and farming activities. Many residents are actively engaged in commercial agricultural activities. More recently residents have found employment at the resorts on the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened and this has provided a number of employment opportunities in the health care and related fields. Hawaii Preparatory Academy and Parker School are valued resources for the area. Waimea is also the host town for the headquarters of the Keck and CFH telescopes atop Mauna Kea. 22. Land values: According to a prominent Realtor in the area, vacant 5-acre parcels in this area are selling for $150,000. Surrounding lands: 23. Land use: The parcels to the west of the subject property are in residential uses, the 10,000 s.f lot subdivision of Kamuela Havens. To the east and south is pasture land with numerous rural residential units. Across Mamalahoa Highway to the north are several non-conforming subdivisions: Lindsey Subdivision, Nani Waimea, Kamuela Meadows, Pleasant Acres and Kamuela Highlands. 24. Zoning: The property to the west of the site, Kamuela Havens is zoned A-3a and one parcel (6-4-2:148) was recently rezoned to FA-la. Further to the west, the Puukapu Homesteads are zoned A-5a. Across Mamalahoa Highway to the north there is mixed zoning of A- la, A-5a and A-40a although there are numerous non-conforming subdivisions with lots as small as 8,000 s.f The property to the east and south are presently zoned A-40a. D. PUBLIC FACILITIES AND SERVICES 25. Description of access: The property has direct access onto Mamalahoa Highway. This access point has been used for over fifty years. The flexibility to relocate this access point to accommodate the Department of Public Works desire to line-up the access point with the road across the highway is some what hampered by the heavy growth of mature trees fronting the highway. The applicant does propose to accommodate Public Works concerns by moving the access point to the east to establish the intersection location that has been requested. n 26. Availability of Water: Water is available to the site from the Department of Water Supply via a 12" waterline on Mamalahoa Highway. The applicant will make on-site improvements to allow for the sixteen water meters to be placed fronting each lot as required by the Department of Water Supply. 27. Sewage disposal: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. 28. Solid waste: Solid waste is taken to the County's solid waste transfer station in Waimea west of the project site. The applicant intends to use this existing transfer station for all new lots created. 29. Police and fire protection: This area is served by a police and fire stations located approximately 3 miles to the west of the site in Waimea. 30. Schools: The project site is located about four miles to the east of Waimea Elementary and Intermediate School, four miles east of Parker School, Hawaii Preparatory Academy's lower and middle schools and about six miles from Hawaii Preparatory Academy's upper school campus. 31. Parks: There is a County Parks and Recreation gym and park facility in Waimea approximately 4 miles from the subject parcel. 32. Other utilities and services: There is electrical, cable and telephone service on poles along Mamalahoa Highway that presently serves the home on-site and these services can be made available to the balance of the subject property as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 34. Mitigative measures proposed to avoid, minimize, recta or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. 35. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This would not allow the development of sixteen agricultural lots for ranching and diversified agriculture. It would also not increase the real property tax base as the proposed action would. 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction 16 additional rural-residential units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area, the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. • AGRICULTURAL PLANS In Support of APPLICATION FOR CHANGE OF ZONE APPLICANT: DIANNE JAMIESON-FEENEY Agricultural Potential of the Property: While the property is classified as Prime Agricultural Lands by the ALISH maps and Intensive Agriculture by the General Plan, the soil is only classified as "C" or "Fair" by the Land Study Bureau, the identified uses for this soil type are pasturing cattle and horses, forestry and truck crops. Please see the discussion of the soil type (Maile Series - C 160) and its uses in the Environmental Report. Historical Uses of the Property: This property has been used as a working ranch for decades. The previous owner, Hartwell Carter, was the manager of Parker Ranch and operated a cow-calf operation on the subject parcel. Hartwell raised championship Hereford bulls and cows, which historically won at the Hawaii Cattleman's Associations annual auction. The applicant and her husband have continued this operation beginning in 1981 with their B & D Cattle Company as the operating entity. The herd was started with three hapai cows, a gift from Mr. Cater, and now numbers in excess of fifty cows, one bull and their yearly calves. Cows are bred and calves raised until they are sold locally for shipment to feedlots on the mainland for fattening and slaughter. The applicants have added the round pen and riding arena and have emphasized equestrian training in addition to the cattle operations. The applicants children are accomplished equestrians and have competed in events nationally. Proposed Uses of the Property: The applicant proposes to continue both the cattle operations and the equestrian training center on the ranch. Owners of the individual parcels will be able to pasture their horses around their own homes or take advantage of the central stable facilities. They will be able to schedule times in the arena for individual training sessions and/or compete in equestrian events to be held on-site. The homes will be constructed on individual lots and fenced in a manner that will allow the cattle to pasture in rotating paddocks throughout the entire parcel. The cow-calf operation is proposed to continue as it has for decades. Socio-economic Impacts of Proposed Uses: Many existing and potential residents of Waimea are searching for this type of ranching experience in conjunction with their residences. There are those who have a desire to keep their horses in pastures near their homes that will allow them to participate in equestrian activities on a daily basis without the inconvenience of trailering their horses to a riding arena or public riding area. This type of development will allow the applicant to utilize this property in a manner that will supplement the marginal income derived from ranching activities. With the uncertainties in the ranching business this is one way for the applicant to sustain cattle ranching as a way of life in Waimea and still derive economic benefit from her property. h PHILLIP CONLEY BOTANICAL SURVEYS P.O.BOX 2319 Ph. 808-885-4156 KAMUELA, HI FENNEY BOTANICAL SURVEY 6/10/98 APPROX. 80.6 ACRES This survey was done for MOOERS ENTERPRISES on June 10, 1998. I walked the periphery of the property with repeated forays to the center of the property. I found no rare, threatened or endangered plant or animal species on this property. PASTURES COMMON NAME SCIENTIFIC NAME Iron weed Vernonia cinerea Coat Buttons Tridax procumbens Sow thistle Sonchus oleraceus None Crassocephalum crepiodiodes Oriental hawks beard Youngia japonica Beggar weed Desmodium torusom Thimble berry Rubus rosifolius Dandelion Taraxacum officinale Sweet clover Melilotus alba Morning glory Ipomoea insularis Stick tights Bidens pilosa Castor bean Ricinus commonis Common Ilima Sida fallax Strawberry Guava Psidium cattleianum Jacranda Jacranda ovalifolia Koa Acacia koa Yellow guava Psidium gaujava Tree fern Cibotium chamissoi Fountain grass Pennisetum setaceum Bermuda grass Cynodon dactylon Kikuya Pennisetum clandestinum Kyllinga pumila Bamboo Bambusa vulgaris Fern Nephrolepis exaltata Plantain Plantago lanceolata AROUND THE HOUSE AND OUT BUILDINGS Ti Cordyline termminalis Monstera Monstera deliciosa Ginger Hedychium coronariana Hedychium flavum Poha Physalis penxviana Periwinkle Vinca rosea Tiare Gardenia tiatensis COMMON NAME SCIENTIFIC NAME Gardenia Gardenia jasminoides Hibiscus Hibiscus schizoptalus Dombeya Dombeya wallichii Ohia Metrosidderous collina Mac nut Macadamia intergvifolia Avacodo Persea. americona Banana Musa paradisiaca Moc orange Murraya paniculata Azelea Rhododendron sp. his Eris pallida Zennia Zennia elegans Impatiens Impatiens glandulifera Clivia Clivia miniata Thistle Crsium lanceulaticum Norfolk island pine Araucaria excelsa Eucalyptus Eucalyptus aobusta Paper bark Melaleuca leucadendron Ironwood Casuarina equisetifolia Lemon Citrus limon Cypress Cupvessum lustitanica Elephant ear Colocasia esculentum Magnolia Magnolia hypoleuca Christmas berry Hinus terebinthifolius Ash Fraxinus excelsior ;Pi p nle gi s / SITE PHOTOGRAPHS View looking south showing the pastures over proposed lots #1- #7. s r View looking south through the equestrian center and back pasture of proposed lots #9 - #16. 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