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HomeMy WebLinkAboutCOM 0970.000 1998-2000 Harry A. Takahashi ~t lO1 N Ma gjng Director Stephen K Yamashiro ' Mayor Henry Cho Deputy Managing Director COUNTY OF HAWAII, OS)961fi553 23 AupuniStreet, o75-5706 Kuakini Highway, Suite 103 2 s r Kailua--Kona. Hawai F96740 KONA: (808) 329-5226 • Fax(808)326-5663 October 25, 2000 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 Ordinance No. 96 8 (REZ 765) Applicant: 1250 Oceanside Partners (Hokuli'a) Request: Amendment to Condition M (Roadway Improvements) Tax Map Key: 7-9-6:Portion of 1; 7-9-12:Por. of 3, 4, & 5; 8-1-4:Por. of 3 State Land Use Boundary Amendment Application (SLU 00-008) Request: Agricultural to Rural Change of Zone Application (REZ 00-009) Request: A-5a to RA-2a Applicant: P. Mariah Kosters Tax Map Key: 6-2-11:28 State Land Use Boundary Amendment Application (SLU 00-007) / Request: Agricultural to Rural V/ Change of Zone Application (REZ 00-008) Request: A-5a to RA-2a Applicant: Andrew Kelsey Tax Map Key: 6-2-9:22 Change of Zone Application (REZ 99-027) Applicant: Queen Liliuokalani Trust Request: A-5a to RCX-2a Tax No. Key: ~-a-8,Portion of 1 i T@ 10. Comm, 81IIS 3tf(o *-3't7 To:__ Ref. Datc_OCT 2 7_ Z_ ow Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 October 25, 2000 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, X01' Stephen I~. Yarruashiro Mayor L100600MAY Enclosures cc: Planning Department w Stephen K. Yamashiro Mayor J: O! N~+ CIIli2tfv of ?I?Itt PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %720-9252 (808) %1-8288 • Pax (808) %1-9615 ,001 2 5 e000 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 00-007) Request: Agricultural to Rural Change of Zone Application (REZ 00-008) Request: A-5a to RA-2a Applicant: Andrew Kelsey Tax Map Key; 6-2-9-22 - The Planning Commission, after a duly held public hearing on October 6, 2000, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to Rural District and a Change of Zone changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for approximately 5.821 acres of land. The property is located in Kanehoa Subdivision on the south side of Kanehoa Drive and along Keanuiomano Stream, approximately 1/4 mile from the Kawaihae Road/Kanehoa Drive intersection, Ouli, South Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State and Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. Surrounding lands are zoned A-5a, A-3a and RA-2a by the County and maintain Agricultural and Rural District classifications by the State Land Use Commission. Surrounding lands to the Kanehoa Subdivision include the vacant State-owned lands to the south; Kamuela Plantations, a 10-lot subdivision located immediately to the east; Anekona Estates Subdivision, a 36-lot subdivision located to the west; and Waimea Landmark Estates, a 26-lot subdivision located across the Kawaihae Road to the northeast. These subdivisions include single-family residential and agricultural uses and vacant lands. From October 1996, the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District for eight 5-acre parcels within the adjacent Kamuela Plantations Subdivision, Anekona Estates and Kanehoa Subdivision. These subdivisions include various single-family residential and agricultural uses. A recent State Land Use District Boundary Amendment in 1999 reclassified approximately 5 acres of land immediately adjacent to the west of thE, subject property from an Agricultural to a Rural District. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The proposed boundary amendment is for similar agricultural land uses and uses that are compatible to the Rural designation. The applicant has stated that the 5.821 acres will be subdivided into two residentiahagricultural lots approximately 2 and 3.8 acres in size. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the Countv. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The proposed Rural boundary amendment request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan. G HOUSIN • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing; stock. • Seek sufficient production of new affordable rental and fee-simple housirg in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating imluences. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. To ensure compatible uses within and adjacent to single-family residential zoned areas. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scab: rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. This request would allow a rural development Residential and Agricultural uses. Based on the above findings, including the General Plan's goals and policies, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property which are essential o accommodate rural development. Access to the subject property is off Kanehoa Street which has a right-of-way width of 50 feet with approximately 20 feet wide agricultural standard pavement. Kanehoa Subdivision has two accesses from Kawaihae Street, one access point ('Ouli Street) serves 16 lots and the other access (Kanehoa Street) serves the remaining 10 lots. Kanehoa Street also connects into Anekona Estates Subdivision which has one access point (Anekona Street) from Kawaihae Road. Water is provided by a 6-inch County water line which fronts the project site. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. Electrical service is available to the property from Hawaii Electric Lighl Co. Inc., and telephone service is available from GTE Hawaiian Tel. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). While the subject property is within the State Land Use Agricultural District, it is not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the subject property are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. The surrounding properties are also in the State Land Use Agricultural and Rural Districts. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties in view of the surrounding properties and permissible use,. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plalt relating to Socio-cultural advancement - Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 (5) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (6) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment to the Rural District complements the State Land Use District Regulations and is supportive of the State of Hawaii State Plan and the County of Hawaii General Plan. Change of Zone In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone Application from Agricultural-5 acres (A-5a) to Residential and Agricultural - 2 acre (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Economic Elements. L=d use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services,, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the islard's residents. These state the following: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. • Rural-style residential-agri cultural developments, such as new small-scat: rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Protect and encourage the intensive utilization of the County's important agricultural lands. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Agricultural land shall be used as one form of open space or green belt. ECONOMIC • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated for Extensive Agricultural uses. Kanehoa Subdivision and adjacent subdivisions are a mixture of residences and agricultural activities. With a minimum lot size of 2 acres, the requested change of zone will still provide for an adequate parcel size that could support extensive agricultural activities at a smaller, more manageable scale. Therefore, it is Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 has one access point (Anekona Street) from Kawaihae Road. The Department of Transportation has indicated that roadway improvements to Kawaihae Road is essential since similar changes of zone may occur throughout the Kanehoa Subdivision and the creation of additional homesites placing additional traffic burdens on the roadwa). Conditions of approval have been included to ensure that the requested improvem ents be planned for either through the ISTEA program or through the fair share contribution towards roads. Water for the proposed subdivision development will be provided by an existing 6-inch water line fronting the subject property. According to the Department of Health, the subject property is situated within the Critical Wastewater Disposal Area and therefore, the applicant will be required to dispose of wastewater into a septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the subject property and surrounding areas have been extensively altered with past or existing agricultural and urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X by the Flood Insurance Rate Maps (FIRM), an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from an Agricultural-5 acres (A-5a) to a Residential and Agricultural-2 acres (RA-2a) zoned district will result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Districts Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. For your favorable consideration, amendments to the SLU Boundaries Map H-25 and Section 25-8-7 (North and South Kohala Districts Zone Map) are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 We are enclosing copies of the applications and a copy of the staff background for your information. Sincerely, Richard B. Baker, Jr., Chairman Planning Commission Lkelsey02PC Enclosures cc: Mr. Gregory R. Mooers Mr. Andrew Kelsey Department of Water Supply Department of Public Works Kazu Hayashida/DOT-Highways,Honolulu State Land Use Commission West Hawaii Office i BKelsey0l.emn-09/11/00 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ANDREW KELSEY STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 00-007) CHANGE OF ZONE APPLICATION (REZ 00-008) ANDREW KELSEY has submitted applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a), for approximately 5.821 acres of land. The property is located in the Kanehoa Subdivision on the south side of Kanehoa Drive and along Keanuiomano Stream, approximately 1/4 mile from the Kawaihae Road/Kanehoa Drive intersection, Ouli, South Kohala, Hawaii, TMK: 6-2-9:22. GENERAL INFORMATION 1. Land Ownership: Andrew Kelsey is the owner of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicant is requesting a State Land Use District boundary amendment from Agricultural to Rural and a Change of Zone from A-5a to RA-2a for approximately 5.821 acres of land. Objectives: The requested State Land Use boundary amendment and change of zone, if approved, will allow the applicant to subdivide the subject property into two parcels consisting of 3.821 and 2.0 acres. According to the application, "The applicam intends to construct his home on Lot 22-B while improving Lot 22-A in the future. " 3. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A - State Land Use Boundary Amendment and Change of Zone Applications dated June 2000) STATE AND COUNTY PLANS 4. SLU: Agricultural. 5. Hawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. -1- A7tAr-+l c 97aCBllls ~w6Ya~ 6. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow for uses such as pasturage and range lands. 8. County Zoning: The property is currently zoned Agricultural-5 acre (A-5a). 9. SMA: The property is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Property: The subject property has a total land area of 5.821 acres. The property is rectangular shaped and is presently undeveloped, although the project site has been previously graded and utilized for cattle grazing. The project site is currently barren with the exception of a few grasses and weeds. 11. Adjacent Land Uses: Kanehoa Street is situated along the project site's north-.m boundary. To the south are State-owned lands designated as A-5a. Lands adjacent to the east and west, consisting of 5+-acre lots are also zoned A-5a. 12. Surrounding Land Uses: Surrounding lands in the vicinity ofKanehoa Subdivision includes the vacant State-owned lands to the south designated as Agricultural by the State Land Use Commission and A-5a by the County. The 10-lot Kamuela Plantations to the east and the 36-lot Anekona Estates Subdivision to the west are mostly comprir;ed of lands designated as Agricultural by the State Land Use Commission and zoned A-5a by the County. The 26-lot Waimea Landmark Estates, located across the Kawaihse Road to the northeast, is designated as Agricultural by the State and zoned A-3a by the County. These subdivisions include farm dwellings, agricultural uses and vacant lands. Since October 1996, the County Council has approved State Land Use District boundary amendments from an Agricultural to a Rural District and Changes of Zone from A-5a to RA-2a for eight 5-acre parcels within the adjacent Kamuela Plantations Subdivision, Anekona Estates and Kanehoa Subdivisions. (See Exhibit B-Location Map) 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. -2- 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" or "Very Poor" for agricultural productivity. 15. U.S. Soil Survey: The soils are classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain b.r fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are utilized for pasture. 16. FIRM: The subject property is located within Zone X, an area determined to be outside of the 500-year flood plain. 17. Flora/Fauna Resources: According to the applicant's environmental report, the natural vegetation occurring on the property consists of cactus, buffel grass, fountain grass, spanish clover, indigo plant, partridge pea, prickly poppy, and yellow guava. No native fauna was observed on the site. Common animal species include field mice and mongoose. There are no known rare or endangered species of animal or plant li fe within the project area. 18. Archaeological Resources: According to the applicants' environmental report, no historic or archaeological sites are present on the parcel. The property has been previously used for cattle grazing. In addition, the applicant has indicated extensive grading activities within the project site in years past. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the subject property is provided by Kanehoa Street, which has a pavement width of 20 feet within a 50-foot wide right-of-way. Kanehoa Subdivision has two accesses from Kawaihae Road. One access point is Ouli Street, which ser%es 16 parcels while Kanehoa Street serves the remaining 10 parcels. Kanehoa Street also connects into the adjoining Anekona Estates Subdivision, which has one access point (Anekona Street) from Kawaihae Road. -3- 20. Water: Water to the subject property is provided by an existing 6-inch waterline that fronts the subject property. There are two water meters available for the site. 21. Wastewater: There is no municipal sewer system in the area. The applicants would dispose of wastewater through individual wastewater treatment systems. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be required to dispose wastewater into a septic tank system. 22. Utilities: Electrical and telephone service are or will be made available to the property. AGENCIES' COMMENTS 23. Department of Water Supply (August 2, 2000 Memo): "We have reviewed the subject application for the proposed State land use boundary amendment and change of zone and have the following comments. "The subject parcel has one 5/8-inch meter and has paid for a second service, which has not been installed as of this writing. We have no requirements as the subject parcel will have two services." 24. Police Department (April 23, 1999 Memo): "Staff has reviewed the above-referenced proposal and found no adverse effect to public safety or traffic impact created by the proposed action." 25. Fire Department (July 12, 2000 Memo): "We have no comments on the above-referenced State Land Use Boundary Amendment Application and Change of Zone Application." "We have reviewed the subject application and have no comments to offer regarding the matter. "Thank you for the opportunity to review this application." 26. Department of Health (July 3, 2000 Memo): "The subject lots are located in a Critical Wastewater Disposal Area where cesspools are not allowed. Any development on these lots would require all wastewater be disposed into a Septic Tank System " -4- Applicant's Response (July 18,2000 Letter): "Your letter of July 14, 2000, transmitted to me the comments from the Department of Health pertaining to the applications described above. The applicant understands that the subject property is located in the Critical Wastewater Disposal Area and will comply with the Department of Health rules and dispose of wastewater into a Septic Tank System." 27. Department of Transportation (July 20, 2000 Memo): "We are concerned about the cumulative effect of all of the rezonings in this area." Department of Public Works: (See Exhibit C -July 28, 2000 Memo) 28. Department of Land and Natural Resources - Historic Preservation Division: (See Exhibit D - July 7, 2000 Letter) 29. State Land Use Commission: (See Exhibit E - July 24, 2000 Letter and Applicant's Response - August 28, 2000 Letter) AGENCIES -NO RESPONSE 27. Department of Land and Natural Resources - Land Division, Department of Finance-Real Property Tax, Natural Resource Soil Conservation District, and Department of Agriculture. PUBLIC COMMENTS 28. The Department has not received any objections from the general public or adjacent landowners on the subject applications. -5- COUi._Y OF HAWAII PLANNING DEPAk.MENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Andrew Kelsey APPLICANT'S SIGNATURE: MAILING ADDRESS: 65-1692 Kohala Mountain Road Kamuela, Hawaii 96743 TELEPHONE: (BUS) 881-4351 (HOME) LANDOWNER: Andrew Kelsey LANDOWNER'S SIGNATURE: TAX MAP KEY: 6-2-09:22 LAND AREA: 5.821 Acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: ~or~ It rah REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: . A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q EXHIBIT A PD 2/26/87 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: APPLICANT'S SIGNATURE: 1;t:~ DATF: 6 Z18/00 ADDRESS: 65-1692 Kohala Mnnnrain Road Kamnaba Hawaii Q67A4 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 881-4351 (Res.) (Fax) LANDOWNER(S): Andrew Kelse LANDOWNER SIGNATURE(S): DATE: 6/18/00 be letter) LANDOWNER(S) ADDRESS: 65-1692 Kala Mountain Road, Kamuela, Hawaii 96743 REQUEST: Agricultural 5-acres (A-5a)TCResidential-Agricultural 2-acres (RA-2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 6-2-09:22 STREET ADDRESS OF PROPERTY: Kanehoa Drive Kanehoa Subdiyisi Jn SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5,821 Acres AGENT: Gregory R. Mooers. Mooers Rnternriseg T.T.C. ADDRESS:P.O. Box 1101 Kamnela_ Hawaii 96747 TELEPHONE: (Bus.) 885-6839 (Res.) ss5-71 6 (Fax) RRS-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: M o o e r q COPIES: r P 1 .gy (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? YAQ 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? S 1891 acres b. Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? Yes If ves, please answer the following questions: On how many of those lots? 1 immediately 1 in the futur( At what approximate price range? House $ 3o~_Q90 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. en l osed 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) 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. ?o you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create two residential- agricultural lots in this highly desirable area of South Kohala. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Dc 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? Yac 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 Yes No e. Police Protection x f. Fire Protection x. g. Recreational Facilities Y h. Public Utilities Y i. Other x For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: 65-1692 Kohala Mountain Road, Kamuela, Hi 96743 Telephone: 881-4351 Date: 6/18/00 -4- RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ANDREW KELSEY TAX MAP KEY (3) 6-2-09:22 We are requesting a reclassification of the subject property from the State Land Usa Agricultural District to the Rural District and a Change of Zone from the Agricultural five-acre (A-5a) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.0 acres) is located in the Kanehoa Subdivision on the south side of Kawaihae Road approximately across from the 63 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-09:22 GENERAL INFORMATION 1. Andrew Kelsey is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a 3.821 acre portion of the existing lot along Keanuiomano Stream for Lot 22-B and a 2.000 acre parcel along Kanehoa Drive for Lot 22-A. 3. The lots will both access of off Kanehoa Drive. Lot 22-A will have direct access and Lot 22-B will be acessed from Kanehoa Drive via a pole on the proposed flag lot. See the Exhibits for a site plan. 4. The subject parcel is presently vacant and unused. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Kanehoa subdivision. 6. The applicant intends to construct his home on Lot 22-B while improving Lot 22-A in the future. APPLICANT'S STATEMENT 7. In support of this application, the applicant has submitted the following: (See attached statement.) dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 20. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 21. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 22. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 23. The adjacent parcel, TMK: 6-2-09:25, is in the State Rural District and is zoned RA- 2a by the County. There are eight other properties similarly zoned in the Kanehoa and Anekona Subdivisions. The remaining surrounding properties are located m the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-5a, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-5a, is immediately west. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 24. There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 25. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 26. Twenty-eight of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of-way witl 16' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water and presently has two meters. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Kanehoa subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the subject parcel would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ANDREW KELSEY TAX MAP KEY (3) 6-2-09:25 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential kits; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all ether lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of mor- than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorise residential dwellings as a permissible use in the Agricultural District unless th dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwel lings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement - Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas whi :h are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residt;nts of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aestheti balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. Thi: is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Extensive Agriculture. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to a parcel that is in the Rural District and zoned RA-2a by the County. There are eight other similarly zoned parcels in the Anekona and Kanehoa Subdivisions. Other surrounding parcels are 5-acre zoned parcels as part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-eight of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicant believes the proposed (tensity of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has a right-of-way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of-way and 16' of pavement. Water is provided by a 6-inch county water line which front 3 the project site. The Department of Water Supply has provided a second water mater service to the subject property. Electrical service is available to the property fi om Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ANDREW KELSEY TAX MAP KEY (3) 6-2-09:22 A. SUBJECT REQUEST: The applicant is proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- 5a) to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicant's property in Kanehoa Subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.821 acres and will be subdivided to create two lots, 3.821 acres and 2.000 acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has an access point on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by two water meters provided by the County of Hawaii Department of Water Supply, these provide service for the two proposed lots. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Extensive Agriculture. The County Zoning is Agricultural 5-acre (A-5a). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following thre standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots c=f not less than one-half acre and a density of not more than one single-f unily dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all ether lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed) boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of mor-- than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorise residential dwellings as a permissible use in the Agricultural District unless th-_ dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultw•al activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement - Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonabl y priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities :md services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different part ; of the County. • Maintain a housing supply which allows a variety of choice. Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desire., of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influenc--s. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremented and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small J arms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complemcnt the existing and future residential land use patterns of the surrounding properties n view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kaneboa and Anekona subdivisions. The subject property is adjacent to a parcel that is in the Rural District and is zoned RA-2a by the County. There are eight other similarly zoned parcel s in the Kanehoa and Anekona Estates Subdivisions. Other surrounding parcels are 5-acre zoned parcels as part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies I o areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-ei ght of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Addition-,d units have also been added by the Ohana home process. The applicant believes the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has a right-of-way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of-way and 20' of pavement. Water is provided by a 6-inch county water line which frontE the project site. The Department of Water Supply can provide water meter service to the subject property. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.821 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. The site is undeveloped and is barren except for a few grasses and weeds, see the attached botanical report. 4. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There i:; no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists of well-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Pun Pa extremely stony very fine sandy loam, 6 t0 20 % slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about :14 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The adjacent parcel is located in the State's Rural District and is zoned RA-2a by the County. There are eight other parcels in the Kanehoa and Anekona Subdivisions that are similarly zoned. The remaining surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-5a, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-5a, is immediately west of Kanehoa. The Ouli subdivision, A-1a, located to the west of the site is undeveloped at this time. 15. There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 16. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 17. Twenty-eight of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of-way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply water and has two meters available. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Kanehoa subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater b eatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the wes: of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses anc would thus generate additional noise and air pollution. Such increases would b negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removir:g this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-5a to RA-2a, would be to utilize the CPR process that 28 of the applicant's neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-09:22 KANEHOA SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Botbriochloa babinodis Buffle grass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava SITE PHOTOGRAPHS F ~~,}r yn4• _ View of subject property looking south from Kanehoa Drive. K w _ yr, y L • ` M •-A 1:saYY m F ,x,iiii9 cr x View from Keanuiomano Stream looking north at the subject property. 71 S 6 ~ tV ~P~i Y g§ N _ oo tll I 1 G I a~ gar i t ~ O P tt lPP i~ 19 C< f irk i.v ry^ ~ S~T~E m' p 1 no = O a p ° O m m ; Y t h _ ~a ~ a WZ ro Wo N° • ONO N~ a _ ~ W ~ 2~in N y p2 e i I lla V.1 ~ pp ~ j ° 1 n < : t ~ O o„ QU ~ W W C ° p o 8 0 Q o a m ~ M1p 0 ~W O O :lN~ t <<-i "IT yf i ~ C \ 6{ Y ' I<IIII.Iw \ y 11'II 1 I d f f ! ~ 1~~ t a t ~ tl, a ~ • ` p Sol t r. 9,S 0 y 1 V V a air c = y® o m E HIBIT a rq _ # ~ ~ ~ d r lji e s ti 4' ~ ~ v 4 ~ ~ 4 0 ~ t A 0 ~ O r y I , ` t v I • 4 t ~ ~ 4 00 • ~ ~ + 00 1 1 1 • f~ f ~ ~ ~ ~ ; o ~ p~.:.,% ` y'" ~ t~ 1 i p t •-1 a 4 ~ ; ~ • a j ~1 {tr ~1 1 + 3 T i= i t i J : i/ _ Y ~ } Q ~ I u t • t 1 n l~ + 1 ~ I t ~ t I: I: 1 r \ t ~ ItLt ~ , l € i i; i t ~ ~ • 1 1 4' t• I \iii I 1 C \ ~ i i ~ 1 Z L {Y W • 1 • Sn 0~.~[[!~ a QLcRivai SSI~arcw 11 y~aft , a t i t iA a i S ~ 1 W ~ tDi ~ Y 4 i i IPIK i O i yx. wrm + 1 a ~ A 1 t 2 • ~ s i ~ a ul O t a• M t a 1 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 28, 2000 Memamn_dum TO Virginia Goldstein, Planning Director Planning Department FROM Galen M. Kuba, Division Chief/ Engineering Division SUBJECT Change of Zone Application (REZ 00-007 ) State Land Use Boundary Amendment (SLU 00-007) Applicant: Andrew Kelsey Location: Ouli, S. Kohala, HI TMK: 3 / 6-2-09:22 We have reviewed the subject application and our comments are as follows 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. The access road fronting the subject property is private. 4. Portions of the project area are within the Keanuiomanu Stream drainage easement; identify the easement boundaries on the plans. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO PLNG-KONA / IOXHIBIT G MOOERS ENTERPRISES, LLC P.O. Box 1 101 KAMUELA, HAWAII 96743 200Q.- r RGG 29 p~ Y August 28, 2000 PANNING ~ 07 COUNTY OFP~bgWaE, Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: RECLASSIFICATION FROM AG TO RURAL (SLU 00-007) CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES (REZ 00-008) PETITIONER: ANDREW KELSEY TAI{ MAP KEY (3) 6-2-09:22 Dear Ms. Goldstein: Your letter of August 24, 2000, transmitted the comments from the Land Use Commission on the applications described above. The subject property is located six miles from the shoreline. The proposed action will not be contrary to the objectives of Section 205A, Hawaii Revised Statutes, Coastal Zone Management. If you or your staff require additional information or have any questions, please contac : me directly. S4nreily . Mooers President GRM:jy copy: Land Use Commission 4b PHONE: (808) 885-6839 FAX' (808) 885-1574