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HomeMy WebLinkAboutCOM 0493.000 2008-2010 ak'/ Jxty OF, v, William T. Takaba William P. Kenoi Mayor Managing Direcmr Wally Lau ~ of M~ Depuly Managing Director County of Hawaii 891 Ululani Street • Hilo, Ilawa,'i 96720-3982 • (808) 961-8211 Fax (808) 961-6553 KONA- 75-5706 Kuakini I lighway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Pax (808) 326-5663 August 14, 2009 Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 ~r• Dear Chairman Yoshimoto and Members: ` ?Change of Zone Application (REZ 09-000095) 03 Applicant: Dr. Virgil Place _71- Request: A-20a to FA-3a Tax Map Key: 5-9-5:4 and 5 w Change of Zone Application (REZ 09-000094) Applicant: Palamanui Global Holdings LLC Request: Project District to MCX-20 Tax Map Key: 7-2-5:portion 1 Amendment to Change of Zone Ordinance No. 06-105 (REZ 05-010) Applicant: Palamanui Global Holdings LLC Tax Map Key 7-2-5•portion I As required by Chapter 4, Sea 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely Illiam enoi Mayor Enclosures cc: Planning Department Comm. No. Ltq Ref. To: l \ Hawaii County is an Equal Opportunity Provider and Employer ; Dot 7_72 18 2009 tT'JA<Y os N~ ~t~•of Nr~~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street. Suite 3 • Hilo, Hawai `i 96720 Phone (808) 961-8288 Fax(808)961-8742 August 14, 2009 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii `O 333 Kilauea Avenue, 2nd Floor > c Hilo, HI 96720 ~ C'D =t' Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 09-000095) , w Applicant: Dr. Virgil Place Request: A-20a to FA-3a Tax Map Key' 5-9-5:4 and 5 The Leeward Planning Commission, after a duly held public hearing on July 24, 2009, voted to recommend for your approval the proposed legislative bill for a change of zone from an Agricultural - 20 acre (A-20a) to a Family Agricultural - 3 acre (FA-3a) district for 45 acres of land. The property is located along the south side of Ala Kahua Drive, approximately 2,600 feet east of the Ala Kahua Drive-Akoni Pule Highway intersection, Kahua I", Kahua and Waika, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant requests a change of zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for approximately 45.011 acres of land. The applicant requests the change of zone to FA-3a to allow the subdivision of the properties into approximately 14 lots to support the continued operation of the botanical garden on portions of the property, while accommodating estate planning for his family. Some lots will be created with a portion of the garden to be an amenity to the community while providing landscaping for the single-family dwellings. Covenants will be included to encumber the lots with portions of the garden to continue its current operation. The change of zone will allow the applicant to subdivide his privately owned residence from the Foundation-owned garden for estate planning purposes. Hawaii Countv is an Equal Opportunity Provider and Enlployer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The project site, consisting of two parcels, has been developed into the Virgil A. Place Arboretum and Botanical Garden (aka Pua Mau Place) which was approved by Special Permit No. 969 for five acres of the subject property on June 12, 1997. The permit also allowed the construction and operation of a small gift shop located immediately off Ala Kahua Drive. The botanical garden was established in 1974 by the applicant to specialize in ever-blooming woody plants. Its stated mission is to promote awareness of, and conduct research on, the uses of flowering plants in a Hawaiian and environment for ornamental, agricultural, and bio-regional purposes. The garden currently features a maze planted with varieties of plants as well as outdoor sculptures. The Change of Zone request from A-20a to FA-3a will conform to, among others, the Land Use, Agricultural and Economic elements of the General Plan. 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 proposed request will conform to the Land Use element of the General Plan to designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. The request also conforms to the Land Use - Agricultural policy of the General Plan which states, "encourage, where appropriate, the establishment of a visitor-related uses and facilities that directly promote the agriculture industry." The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Extensive Agricultural. The applicant's request will not diminish the agricultural uses on the property and will remain consistent with the General Plan's designation for this area. Surrounding parcels to the north are zoned A-3a, and parcels to the east are zoned A-20a. Lands to the south are zoned A-40a, and lands to the west are zoned A-la (Kohala By the Sea) and A-3a (Kohala Estates). To the northwest across Ala Kahua Drive is a property zoned FA-3a under Ordinance No. 05 64. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the properties are unclassified by the Land Study Bureau. The Change of Zone request from A-20a to FA-3a is not inconsistent with the North Kohala Community Development Plan (CDP). The North Kohala CDP adopted by Ordinance No. 08 151 on November 5, 2008 designates the area as Existing Upscale Development under its North Kohala Environmental and Cultural Concept Map. The CDP also supports the use of agricultural lands for active agricultural purposes in North Kohala. In existence since 1974, the property is currently the site of an arboretum and botanical garden promoting the awareness of and research on the use of flowering plants in the Hawaiian and environment. The botanical garden will be retained, and portions of the garden will be incorporated into some of the subdivided lots. Thus, the proposed FA- 3a zoning would conform to the North Kohala's CDP land use strategy envisioned for this area. All utilities and services are available to the site. Access to the properties is from Ala Kahua Drive, a paved two-lane private road with a 22-foot pavement width within an 80-foot right-of-way. The roads are owned by Ala Kahua Drive LLC, a subsidiary of Kohala Ranch Development Corporation. Ala Kahua Drive intersects with the Akoni Pule Highway approximately .5 miles to the west. Potable water is provided from the private Kohala Ranch Water Company (KRWC). The applicant states that the KRWC has indicated that sufficient water can be made available to the properties. There are two wells on the site that provide irrigation water for the garden and a tank with a 50,000 gallon storage capacity for the irrigation system. As there is no municipal sewer system in the area, wastewater will be disposed of into individual wastewater systems meeting the standards and requirements of the State Department of Health. Electrical and telephone services are available to the site. Police services are located within Kapaau, approximately sixteen (16) miles from the property. Fire services are located at the Mauna Lam substation, approximately eight (8) miles from the project site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately'/2 mile from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed use of the The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 property will not adversely impact those resources. Because a portion of the property has been developed and the unimproved area of the site consists primarily of buffel grass, pili grass and kiawe trees, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the properties. There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-20a) to a Family Agricultural (FA-3a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-7 (North & South Kohala District Zone Map) of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, 4z, ~~W._6 Rodney Watanabe, Chairman Planning Commission Lplacerer09-000095PC2 Enclosures cc: Mr. Gregory Mooers Dr. Virgil Place Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel y~. y~ - BPIaceREZ.doc-6!30/09 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DR VIRGIL PLACE CHANGE OF ZONE APPLICATION (REZ 09-95) DR. VH2GIL PLACE has submitted an application for a Change of Zone from an Agricultural 20-acre (A-20a) to a Family Agricultural 3-acre (FA-3a) zoned district for approximately 45.011 acres of land. The property is located along the south side of Ala Kahua Drive, approximately 2,000 feet from the Ala Kahua Drive - Akoni Pule Highway (Highway 270) intersection, Kohala Estates Subdivision, Kahua 1s`, North Kohala, Hawa`i, TMK: 5-9-005: Por. 4 and 5. PROPOSED ACTION 1. Background and Request: Change of zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for approximately 45.011 acres of land. The applicant requests the change of zone to FA-3a to allow the subdivision of the properties . into approximately 14 lots to support the continued operation of the botanical garden on portions of the property, while accommodating estate planning for his family. Some lots will be created with a portion of the garden to be an amenity to the community while providing landscaping for the single-family dwellings. Covenants will be included to encumber the lots with portions of the garden to continue its current operation. The change of zone will allow the applicant to subdivide his privately owned residence from the Foundation-owned botanical garden for estate planning purposes. The project site, consisting of two parcels, has been developed into the Virgil A. Place Arboretum and Botanical Garden (aka Pua Mau Place) which was approved by Special Permit No. 969 for five acres of the subject property on June 12, 1997. The permit also allowed the construction and operation of a small gift shop located immediately off Ala Kahua Drive. The botanical garden was established in 1974 by the applicant to specialize in ever-blooming woody plants. Its stated mission is to promote awareness of, and conduct research on, the uses of flowering plants in a Hawaiian and environment for ornamental, agricultural, and bio-regional purposes. The garden currently ATTACH: Coml. 493 Bill 135 i features a maze planted with varieties of plants as well as outdoor sculptures. (Planning _ Department Exhibit 1- Change of Zone Application) STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural. 3. GP LUPAG Map: Extensive Agricultural. 4. County Zoning: Agricultural (A-20a). 5. North Kohala Community Development Plan (CDP): The North Kohala CDP adopted by Ordinance No. 08 151 on November 5, 2008 designates the area as Existing Upscale Development under its North Kohala Environmental and Cultural Concept Map. 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 7. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is located approximately 1/2 mile from the nearest coastline and not situated in the Special Management Area. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA _ 8. Subject Properties: The project area consists of two parcels totaling approximately 45:011 acres. Both parcels are approximately 22 acres in size. The site is developed with two single-family residences (applicant's and caretaker's), a workshop/maintenance building, art studio, office/garage, three shade houses, swimming pool and botanical garden with a free-standing structure which functions as a visitors' center. A small gift shop is also located off Ala Kahua Drive. A large lava rock wall surrounds the perimeter of the property. 9. Surrounding Zoning/Land Uses: Surrounding parcels to the north are zoned A-3a, and parcels to the east are zoned A-20a. Lands to the south are zoned A-40a, and to the west are lands zoned A-la (Kohala By the Sea) and A-3a (Kohala Estates). To the northwest across Ala Kahua Drive is a property zoned FA-3a under Ordinance No. 05 64. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: Unclassified. 12. U.S. Soil Survey: Kawaihae very rocky very fine sandy loam, 6 to 12 percent slopes (KOC). Permeability is moderate, runoff is medium, and the erosion hazard is moderate. t i -2- 15. FIRM: Zone 'W', area determined to be outside the 500-year flood plain. 14. Flora/Fauna Resources: No professional surveys were conducted of the site, as portions of the property have been developed. The unimproved area of the site consists primarily of buffel grass, pili grass and kiawe trees. According to the applicant, it is unlikely that any rare or endangered floral or faunal resources would be found on the subject site. 15. Archaeological Resources: An Archaeological Inventory Survey of the properties was conducted by William Barrera in February, 1997. The survey revealed one site, a series of stone walls in one of the gulches. The site was deemed important only for informational purposes. By letter dated May 12, 2009, the DLNR Historic Preservation Division has indicated that no historic properties will be affected because intensive cultivation, residential development/urbanization, and previous grubbing/grading has altered the land, and SHPD previously reviewed this project and mitigation has been completed. 16. Cultural or Native Gathering Rights: According to the applicant, there is no evidence of any traditional or customary Native Hawaiian Rights being practiced on the site. - 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. PUBLIC UITIdTIES AND SERVICES 18. Access: Access to the properties is from Ala Kahua Drive, a paved two-lane private road with a 22-foot pavement width within an 80-foot right-of-way. The roads are owned by Ala Kahua Drive LLC, a subsidiary of Kohala Ranch Development Corporation. Ala Kahua Drive intersects with the Akoni Pule Highway approximately 1/2 mile to the west. 19. Water: Potable water is provided from the private Kohala Ranch Water Company (KRWC). The applicant states that the KRWC has indicated that sufficient water can be made available to the properties. There are two wells on the site that provide irrigation water for the garden and a tank with a 50,000 gallon storage capacity for the irrigation system. 20. Wastewater System: There are no municipal sewer systems available in the area. Wastewater will be disposed of through individual wastewater systems meeting with the approval of the Department of Health. -3- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Dr. Virgil Place APPLICANT'S SIGNATURE: V1, DATE: cj~2o ~p _ ADDRESS: P.O. Box 44555 Kawaihae Kamuela, Hawaii 96743 - LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 895-6445 (F) LANDOWNER(S): Virgil A Place Arboretum and Botanical Garden LANDOWNER SIGNATURE(S): e~1/ Q, ~/Ot 2 DATE: z0 0 (May be by letter) LANDOWNER(S) ADDRESS: P.O. Box 44555 Kawaihae, Kamuela, Hawaii 96743 REQUEST: Agricultural 20-acres (A-20a) TO Family-Agricultural 3-acres (FA-3a) _ (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 5-9-005:004 & 005 STREET ADDRESS OF PROPERTY: 59-272 and 59-274 Ala Kahua Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 45.001 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.)880-1454 (Fax)880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: Dr. Virgil Place _ (See Instructions on Reverse Side) Planning Dept. Exhibit _ r ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 45.001 ac b. Into what lot sizes? 3+-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? one-year d. Do you intend to build houses on the newly created lots? no If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has.no plans? d. Keep it? e. P. D. 2 5/84 f If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will create additional family-agricultural lots in the Kawaihae area for residential and agricultural uses. 4. Are there any buildings on the subject area? Yes If so, what kind? Two single-family residences a maintenace building, gift shop, visitors center, shade houses and office. What do you intend to do with those buildings if your request is approved? They will remain. 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. There are no crops There is a botanical garden which will remain in 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? No What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? No 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? Yes Please state. the proposed type of arrangement. Covenants will be drafted for some lots to insure the sustained operation of the botanical garden. 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. applicaton 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? Yes If so, please describe the problem. There are three major ravines running mauka-makai. Normally dry, water does flow during flood events. 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 X f. Fire Protection X 9. Recreational Facilities X h. Public Utilities X X. Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: P.O. Box 44555 awaihae, Kamuela, Hawaii 96743 Telephone: 895-6445 Date: YlZD/p9 -4- i Place Change of Zone Application CHANGE OF ZONE APPLICATION VIRGIL A. PLACE ARBORETUM & BOTANICAL GARDEN AGRICULTRAL 20-ACRES (A-20a) TO FAMILY AGRICULTRAL 3-ACRES (FA-3a) Tax Map Key: (3) 5-9-005:004 & 005 Kahua I", Kahua and Waika, North Kohala, Hawaii Applicant: Virgil A. Place The applicant, Dr. Virgil A. Place, owner of the subject properties and President of the Virgil A. Place Arboretum and Botanical Garden, Inc. is seeking a Change of Zone from Agricultural 20-acres (A-20a) to Family Agricultural 3-acres (FA-3a) for two parcels totaling 45.001 acres located at 59-272 and 59-274 Ala Kaua Drive, on the south side of Ala Kahua Drive east of Akoni Pule Highway at Kahua ls`, Kahua and Waika, North Kohala, Hawaii, Tax Map Key (3) 5-9-005:004 & 005. 1. GENERAL INFORMATION: Dr. Virgil A. Place created a non-profit foundation named Virgil A. Place Arboretum and Botanical Garden, Inc., of which he is president. The purpose of this foundation was to further the aims of horticulture research through the ownership, development and r...1 1 Place Change of Zone Application operation of a tropical botanical garden and public horticulture resource called Pua Mau Place. Pua Mau in Hawaiian means ever blooming. The subject property, consisting of two parcels, has been developed into the Virgil A. Place Arboretum and Botanical Garden, also know as Pua Mau Place. The garden was established in 1974 by Dr. Virgil Place and friends to specialize in ever-blooming (Pua man) woody plants. Its stated mission is to promote awareness of, and conduct research on, the uses of flowering plants in a Hawaiian and environment for ornamental, agricultural, and bio-regional purposes. The garden currently features a maze planted with varieties of hibiscus, outdoor sculptures. Please see the discussion of the flora later in this application. C The Hawaii County Planning Commission granted a Special Permit for Pua Mau Place Botanical Garden on June 12, 1997. Permission was also granted for the construction and operation of a small gift shop located immediately off of Ala Kahua Drive. Dr. Place would like to change the zone of the property to Family Agricultural 3-acres (FA-3a) to allow the subdivision of the property to help support the continued operation of the garden while accommodating estate planning for himself and his family. It is envisioned that some lots will be created with a portion of the garden being on these lots r which could continue to be an amenity to the community as well as landscaping for the single-family dwellings. Covenants will be drafted that will insure that the lots encumbered with portions of the garden will allow the garden to continue to operate as currently envisoned. Dr. Place will be able to subdivide his privately owned residence from the Foundation owned garden for estate planning purposes. 2 Place Change of Zone Application 4l 1ti ~ J I r ''r -t7 i ~ r iw t r y . G^ _Yi y+ v ' ~•l ~v~r 5 v! F y Stiff ~ 7 ~ ~ n ~ I _21, V, .f-f ',Kitt' ,44 r` Y9r ~ ~ M H f~ ti - 9 W pq' r r r 3 I~ , 3 l r~ 9 _ D a s s x _ I2. R I I yAlyApif - WNL6N1 MK% -?Ymw+ D L ~ Irti SLA SLAL C: I IMCX ~ I. pOp f[FT I l PRNATE ROAD PRo (a. - x i ~ as (A-3s ZONING) i ~ ~ Ldm A x (A-60v ZONING) n Im 1 > - Z PRIVATE ROAD Y II (FA-3v ZONING) NI NOTES: Q"~p`T. Y Vd, undo mY evr<I supsrvie~nm ar 1. Nvmes of owners el To w pO.Is ore lfwm avvilvhld Tp- Mao ..aw,. uNO A, NO...lfi>,r do 2. the Ivcdficros a/ f.w-, slivwn ppprmimetety Mrcw, aro M1am SUFIEI9R tt cxxrs t ix oWS vAUaSAit aendl nbOP'n9 vntl OW by vNen Nd W1 Lteenne pnfneienel tee I /Y P Sf vte / X<rali Certi/led fe NumOer LS-{JJI 3. Su6jecf Porctl T brofM N 2012 X (a 809 Cehllninetl fa M OVLSiCe 9k'All, U`' FxplmNVn Oal e: April 3010 1 rM soa-year Nacre platy) as pe nacre prsvmnae /mm Moo (t=LN.M) Commuvp'-Pons/ N.mb- 1 166, 0128 C. reWY Sepfem6x 16. 1988. PROJECT NO.:.... 15121.2 OWE.......... SEPTEMBER 27, 2006. FIELD BOOK NO.:.. TAK MAP KEY.'.... 5-9-005:004 AND 005 (JRD DMSION) wp sp o w 3M wd Im REN5E0: DECEMBER 18, 2006 (CHANGED LOTS) REVISED: DECEMBER 5, 2008 //CHANGED L075) s uLL Ix rLLi REVISED: APRIL 1, 2009 (AODPD FEANRE) Place Change of Zone Application II SUBJECT REQUEST/PROPOSED DEVELOPMENT: A. The applicant is proposing change the zoning for the 45.011 acre parcels from the Agricultural 20-acres (A-20a) zone to Family-Agricultural 3-acres (FA-3 a). B. The site presently is developed with two single-family homes (Dr. Place's residence and a caretakers' residence), a workshop/maintenance building, art studio, office/garage, three shade houses, swimming pool and the botanical garden with a free-standing structure in the middle of the property known as the "Pole House" which functions as a visitors' center. There is also a small gift shop just off of Ala Kahua Drive. There are two wells on site that provide irrigation water for the garden and a tank with a 50,000 gallons storage capacity for the irrigation system. A large lava rock wall has been constructed on the perimeter of the property which is six feet high and three feet thick at the base to help provide protection from wind and wild fires. The wall was seriously damaged in the earthquake of October 2006. C. The 45.011 acre subject property, 59-272 and 59-274 Ala Kaua Drive, is two rectangular shaped parcels located on the south side of Ala Kahua Drive, 0.5 miles east of Akoni Pule Highway 3 miles north of Kawaihae village. D. Access to the subdivision is from Ala Kahua Drive, a two-lane roadway, which is part of a private roadway system with an 80' right-of-way with 22-24' asphalt paving and grass/gravel swales. These roadways are owned by Ala Kahua Drive, LLC a subsidiary of Kohala Ranch Development Corp. E. Utilities are provided to the property from the overhead lines on Ala Kahua Drive. There is a HELCO sub station adjacent to the subject property on the northeast boundary. Telephone service is provided to the site by Hawaiian Telcom. F. Potable water is provided from the private Kohala Ranch Water Company. Kohala Ranch Water Company has indicated they can provide sufficient additional water for i 4 r Place Change of Zone Application • the proposed lots. There are two permitted irrigation wells on-site and a storage tank with a capacity of 50,000 gallons that provide irrigation water for the garden. G. The proposed change of zone could create as many as fourteen lots, consistent with the agricultural three-acre zoning in the surrounding area. Please see the County Zoning Map. IH. CONFORMANCE WITH STATE AND COUNTY PLANS: A. State Land Use Designation: The State Land Use District Classification of the subject parcel is Agricultural. The proposed Family-Agricultural 3-acre zoning is consistent with this designation. B. Hawaii State Plan: The subject request will not be contrary to the State Land Use Law, whose purpose is to preserve, protect and encourage the development of lands in the ` State for their best uses in the interest of public welfare. In this situation the subject site's soil resource is not Class A or B. There would not be a reduction of those premium soil types. More importantly, however, in spite of the subject property's poor soil characteristics of Class E or Very Poor, the applicant has helped foster the agricultural industry by displaying a variety of plant and tree life in the project area. The garden demonstrates the area's agricultural potential through the use of irrigation and other horticultural techniques. The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The proposed action conforms with the applicable objectives and policies discussed below. 5 Place Change of Zone Application a x.. yly~,~ ~ { k 3 1 r r~ Tb x t~ r 1@ , 4E yh}~ µ d~ 1 P J 1 S4M1 1 ~ i{',3 #i _ r irSfl?s ~E Y qST 4 5 V i P f "1.. 1 3 f 1 Y' ~ N F 6 _ E C r Place Change of Zone Application GOALS / • A strong, viable economy characterized by stability, diversity, and growth that enable the fulfillment of the needs and expectations of Hawaii's present and future generations. • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well being of the people. • Physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. APPLICANT"S RESPONSE: The proposed subdivision will contribute to the attainment of the goals in the Hawaii State Plan, in that the subdivision will increase the availability of additional family-agricultural lots to Hawaii residents that contribute to the stability, diversity and growth of the local and regional economies. The ability to raise funds by creating these lots will allow the botanical garden to be sustained as an important horticultural resource for the community. B. Applicable Goals. Policies and Courses of Action of the General Plan: The Hawaii County General Plan contains goals, policies and courses of actions as well as a Land Use Pattern Allocation Guide (LUPAG) Map. The proposed project is also consistent with the Goals Policies and course of action in 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. 7 ` I Place Change of Zone Application APPLICANT'S RESPONSE: The request is consistent with the agricultural and land use elements of the General Plan. The garden and its survival, demonstrates the agricultural potential of even poor soils types with proper irrigation and horticultural techniques. It also supports visitor-related uses and provides a green belt for the proposed additional lots which will contain portions of the garden within their boundaries. C. General Plan Designation: 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 project area is designated as "Extensive Agriculture", which is defined as pasturage and range land. This area had previously been used for grazing. APPLICANT'S RESPONSE: The property's agricultural potential is maintained and other agricultural activities could be added by the proposed subdivision. The current garden is actually a more intensive use than the traditional grazing activities that took place on the property. D. North Kohala Community Development Plan The key planning implications related to Kohala's demographics and economics include: Population - Kohala is a rural area and should be maintained as such. Thus, development should be directed to more urban areas. Economic opportunities - Agriculture should be supported and promoted, and other economic opportunities should be explored. 9 r ^ Place Change of Zone Application APPLICANT'S RESPONSE: ) The proposed change of zone will be rural in nature and support the CDP's vision of a rural Kohala. The proposed action will also support the current agricultural use of the property and promotes a unique agricultural activity that also involves visitors. ENVIRONMENTAL AND CULTURAL CONCEPT MAP The map on the following page is intended to graphically demonstrate some of the major components of the North Kohala CDP Vision, Values, and Goals for the future of the district. It is not meant to be an accurate map of today's land use. Instead, it is a conceptual map - how the community would like its land to be utilized in the future. Some of the key ideas demonstrated include the following: • Cultural sites and resources are protected, especially those found in high concentrations along the coast (note: due to the cultural sensitivity and/or sacredness of some places, not all sites are open access). • Shoreline and coastal resources are protected. • Agricultural lands are recognized and utilized for agriculture. • Future growth is directed within or near town centers. • Upscale development is limited to the areas where it is already located. • The stream in the eastern part of Kohala are allowed to flow. APPLICANT'S RESPONSE: The area of the subject property is identified as an area of "Existing Upscale Development". It is not identified as an important cultural, agricultural or public area. The proposed change of zone is consistent with this Environmental and Cultural Concept Map. 1 10 Place Change of Zone Application • Y~ -J t ~ `rn1,' Y ~fi ."''~!.H~ y3 Ltec 34 "t:.'"~vi+„`f w` ''Z a s,r' t ms- e 1 r .~~m$~ }r~" ~d ~ar~lt ~ ~ ~~r 7A4+f~ s - MINE _ ~~a5. ,esiQtkr`# e~, r ~t§ ,c eS ~t, • x 4 ~ YA S Y s,9 he ti' a X15 . r µ p I wr y;, moo' W~O r 041, 4 ~f :roe ~ ~ 5 ~~Fl f H f a 'S~'j cT yY(r`. `'E.} is}ry 4~3~~~i~~~~a`Y., OR ~ J f~.Trw_ ~ 3~"~~i 4r~~~~n Ss3. 1 'r'9•~ga~~W~~ "~~N.~~~3I~ ai- ! ~d~ r it 1N Yf s z! Y #r.,,. ~x F z`-3 tee, sk „.q rv n3 S e a 4, rn'1 - ";l h ~ Smarr a A~ z'rf''mf w;~ 3 ~ ~ 7~ ~~v~" ~c s~r}4: h. .1 Y o f i w OVA 4 c 3 5~ a Asr ~s i. (~+i E N f azsL .+r ~3 4 .r' q ~ E,~ +d^,~ c ~r wxf 6.SV veNh y "`„fiF y `A5,ir`«yu e s s r 's"`'" N e~f.fi^"` ~st~~~~ - N; Z~~~ 11 Place Change of Zone Application E. County Zoning Code: r - The current zoning for this parcel is Agricultural 20-acres (A-20a). The applicant is requesting the change to Family-Agricultural 3-acres (FA-3a), which is consistent with the surrounding zoning. Please see the County Zoning Map on the next page. APPLICANT'S RESONSE: The applicant believes the proposed FA-3a zoning is consistent with the surrounding zoning and allows for additional family-agricultural lots and will help perpetuate the botanical garden, which is an intensive use of poor soil-quality land. F. Special Management Area: The subject property is not located within the County's Special Management Area (SMA), and as such does not require a SMA review or permit. G. Chapter 205A: Coastal Zone Management Act: The subject property is located mauka of Akoni Pule Highway approximately one- mile from the ocean surrounded by other agricultural lots in the Kohala Estates and Kohala Ranch Subdivisions. The proposed change of zone of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources; access to the shoreline; coastal view planes; or coastal ecosystem will be negatively impacted by the proposed action. G. Mountain Access: The subject property is surrounded by the regional roadway system, vacant lands, the agricultural subdivisions of Kohala Estates and Kohala Ranch, and more urban type subdivisions of Kohala By The Sea and Kohala Waterfront. The subject property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed change of zone. 12 Place Change of Zone Application r Cf ~ r` 0 x m- 4.,i C3 r a r" I ¢t c~ 13 Place Change of Zone Application IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING: Physical Characteristics/Environmental Setting: A. The 45.011 acre subject property is rectangular shaped located south of Ala Kahua Drive and one-mile east of the ocean and one half-mile mauka of Akoni Pule Highway at 59-272 and 59-274 Ala Kaua Drive. Please see the location map and rezoning exhibit. B. The property's Ala Kahua frontage is approximately 1100 feet between the 375 feet elevation and the 500 feet elevation. Please see the site plan. C. Annual rainfall for the area is less than 10 inches according to An Inventory of Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. D. The site slopes from its eastern (mauka) boundary down to the western boundary at a grade averaging 12%. There are three well-defined ravines that run mauka-makai. E. The site presently is developed with 2 single-family dwellings, three shade houses, maintenance building, office/garage, a visitors center and gift shop associated with the garden. There are also two irrigation wells and storage tanks irrigation structures and the botanical garden. Please see the site plan and site photographs. F. The U. S. Geological Survey has categorized the island into nine zones of comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9, the lowest severity of hazard. The U. S. Geological Survey designates the subject property as "Lava Hazard Zone 9"; No eruption in this area for the past 10,000 years. G. The site is located approximately one mile from the ocean at Kaiopae Point. 14 Place Change of Zone Application H. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has no classification for this property, it is not listed as being important. I. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Kawaihae Soil series. The soil type has a very thin surface layer of extremely stony, very fine sandy loam about 2 inches thick. Beneath this layer is stony silt loam and loam at a depth of about 30 inches is hard pahoehoe lava. Permeability of the upper layer soil is moderate, runoff is medium and erosion hazard is moderate. I. The Land Study Bureau's overall master productivity rating system classifies the soil as Class "E" or Very Poor for agricultural use. K. According to the Flood Insurance Rate Map (FIRM) prepared by FEMA, the property is in Zone "X", an area outside the 500-year flood plain. L. According to a botanical survey conducted on the site no proposed, listed or candidate endangered or threatened plant species were observed. Historic Resources: AN Archaeological Inventory Survey of the subject site was conducted by William Barrera in February of 1997. The survey, attached as an exhibit, discovered one site. The site consisted of a series of stone walls in one of the gulches. The archaeologist surmised that the walls "...were probably built during historic times and functioned as a livestock barrier." The site was deemed important only for informational purposes, and since information of this site has been gathered, the archaeologist concluded the site was "No Longer Significant". On November 7, 1997, the State Historic Preservation Division (SHPD) agreed with this assessment and issued a "no adverse effect" letter, signed by Don Hibbard, the Administrator of SHPD. Please see the exhibits for a copy of the survey and SHPD's letter. 15 Place Change of Zone Application .l Cultural Resources: The project site is secured with a perimeter rock wall with gates across the access point on Ala Kahua Drive. No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. Natural Resources (Flora-Fauna): From a floral perspective the unimproved area of the site consists of 1 to 3 foot tall buffel grass (Cenchrus ciliaria) and 12 to 18 foot tall kiawe trees (Prosopis pallida). This vegetation is common in this area. The applicant's inspection also confirmed the presence of pili grass (Heteropogon contortus). Because of recent fires in this area and the dense buffel grass cover, the vegetation species is somewhat poor, in the sense that there is not great diversity. The list of species, planted in the garden, is enclosed for reference in the exhibits. It is likely the on-site fauna consists of introduced species of birds and mammal pests. A study (Phil Bruner for Gentry Pacific, Ltd.) for a property makai but proximate to this area, noted that the short-eared owl or Pueo and the endangered Hawaiian Hawk of 'In may on rare occasions be seen in this area. During the review of the Special Permit which established the botanical garden the Planning Department determined that "It does not appear that this proposed development would have any significant impact, if at all on the floral and faunal resources in the area. C 16 Place Change of Zone Application Surrounding Lands: Land Use/Zoning: The property immediately west (makai) of the subject property is zoned A-1a; to the north and east is is zoned A-3a and to the south it is zoned A-40a. Please see the County Zoning Map presented earlier in this application. The property to the north, east and west of the subject property are used for rural residential lots and non-intensive agricultural pursuits. Further mauka there is some grazing of livestock. The land to the south is vacant. V. PUBLIC FACILITIES AND UTILITIES A. The 45.011 acre subject property is rectangular shaped located south of Ala Kahua Drive and one-mile east of the ocean and one half-mile mauka of Akoni Pule Highway at 59-272 and 59-274 Ala Kaua Drive. Please see the location map and rezoning exhibit. B. Access to the subdivision is from Ala Kahua Drive, a two-lane roadway, which is part of a private roadway system with an 80' right-of-way with 22-24' asphalt paving and grass/gravel swales. These roadways are owned by Ala Kahua Drive, LLC, a subsidiary of Kohala Ranch Development Corp. C. Potable water is provided from the private Kohala Ranch Water Company. Kohala Ranch Water Company has indicated they can provide sufficient additional water for the proposed lots. There are two permitted irrigation wells on-site and two storage tanks with a capacity of 130,000 gallons that provide irrigation water for the garden. D. Overhead utilities are provided to the property from the overhead lines on Ala Kahua Drive. There is a HELCO sub station adjacent to the subject property on the northeast boundary. Telephone service is provided to the site by Hawaiian Telcom. 17 Place Change of Zone Application • E. This subject property is serviced by Department of Health approved individual r wastewater systems. \ _ F. The nearest police substation is located nine miles south of the site at Mauna Lani. G. The nearest fire station is located nine miles south of the site at Mauna Lani. There is a volunteer station at the top of Ala Kama Drive. H. The nearest public recreation facilities are Hapuna Beach Park, four miles to the south of the site, and Spencer Beach Park, located three miles south of the site. I. Public schools (twelve miles east) and private schools (ten miles east) provide educational services to the area. VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance l~ 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. The proposed change of zone will have little impact and will help perpetuate the botanical garden. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: The proposed change of zone will have minimal impact and will lead to sustaining the garden and possible further agricultural development on the site. All important cultural, historical and natural resources have been treated in accordance with agency requirements. C. Alternatives to the proposed development: One alternative to the proposed action would be to leave the parcel zoned as is. This would not allow the owners to l 18 Place Change of Zone Application garden being shut down and one of the two lots sold to accomplish the applicant's estate planning purposes. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The proposed change of zone will have little impact. The proposed action would involve the irreversible and irretrievable commitment of minimal quantities of natural resources. The actual outcome of the proposed action will result in the preservation of the natural resources of the garden for the community and visitors alike. VII. PROPOSED FINDINGS: Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. 19 Place Change of Zone Application EXHIBITS IN SUPPORT OF CHANGE OF ZONE APPLICATION A. Archaeological Inventory Survey with SHPD Approval Letter B. List of Plants at the Virgil A. Place Arboretum and Botanical Garden C. Site Photographs ~r r. Place Change of Zone Application t. EXHIBIT A Archaeological Inventory Survey with SHPD Approval Letter Botanical Garden 60VERNOR OF HAWNI BOMICHAEL D. ARD AND NATURAL BOARD OF OF LAND AND AND NATUfUL RESOURCES DEPUTES GILBERT COLOMA-AGARAN 5.o.e,g ' t l tii111 - ~ } .p AGUACULTUREDEVELOPMENT PROGRAM STATE OF HAWADN" AQUATIC RESOURCES CONSERVATION AND DEPARTMENT OF LAND AND NATURAL RESOURCES RESOURCES ENFORCEMENT CONVEYANCES STATE HISTORIC PRESERVATION DIVISION FORESTRY AND WILDUFE 33 SOUTH KING STREET, 6TH FLOOR HISTORIC PRESERVATION HONOLULU, HAWAII 96813 DIVISION November 7, 1997 LAND DIVISION STATE PARKS WATER AND LAND DEVELOPMENT Mr. William Barrera LOG NO: 20438 P.O. Box 2649 DOC NO: 9711PM01 Kamuela, Hawaii 96743-0050 Dear ivir. Barrera: SUBJECT: Revised Report: "Archaeological Inventory Survey at Waika, North Kohala, Hawaii Island" TMK: 5-9-05: 4 and 5 Thank you for your Transmittal of June 2, 1997 and the copy of the subject report for our review and comment. The revised report, which was prepared in response to the comments in our review letter of March 27, 1997 on the first draft, has addressed our concerns, As noted in our previous review letter, we believe that the survey of the approximately 45 acre project area was adequate, finding just one historic site, a series of stone walls that have been designated Site 21181. We agree that the walls, which may have at one time formed a livestock enclosure, are significant for their infomTation content. You indicate that your client intends to preserve the walls in place as part of the landscaping for a proposed arboretum. With this commitment to preservation we agree that the arboretum will have a "no adverse effect" on Site 21181. If you should have any questions please contact Patrick McCoy (587-0006). Aloha, DON HIBBARD, Administrator State Historic Preservation Division PM:amk cV/Virginia Goldstein, Hawaii County Planning Department MAP-12-97 WED 11:08 PM EAP,RERA 808 885 1694 P.01 ARCHAEOLOGICAL INVENTORY SURVEY AT WAIKA, NORTH KOHALA, HAWAII ISLAND: TMK: (3) 5-9-05: 4 & 5 Prepared for: VIRGIL A. PLACE ARBORETUM AND BOTANICAL GARDEN, INC. P. O. BOX 44555 KAWAIRAE, HAWAII 96743 Prepared by: WILLIAM BARRERA, JR. CONSULTING ARCHAEOLOGIST P. O. BOX 2649 KAa\IUELA, HAWAII 96743 MARCH 1997 •r•1,F1R-12-97 WEU 11 :0S PM DARRERra 808 885 1694 P.02 1 INTRODUCTION An intensive archaeological site inventory survey was conducted on approximately 45 acres at Waika, South Kohala. Hawaii Island (TMK: (3) 5-9-05. 4 and 5]. The project area is located on the east side of Akoni Pule Highway, approximately four-fifths of a mile from the ocean at an elevation of about 400 feet. The client intends to develop the easternmost parcel [Parcel 41 first, to be followed by development of Parcel 5 at a later, unspecified, date. UPOLU POINT Project Area _ I KAWAIIHAG 110 I ~ ENE \ M.IUNA KEA - KEAHOLE ' _ 18788 HILO III POINT } l CAPE KUMUIiANI Y _ KEALAKEKUA ( \1 a gAV MAUNA LOA \ uYSJV ~lJ ECUTN POINT Figure 1, Hawaii Island. Showing Location of Project Area Page 1 MAR•-12-9 r WED 11 09 PM EA RRERA 802 285 1694 P.03 7-7 ( Figure 2. Portion of Tax Map (3) 5-9-05, Showing Location of Project Area \7'~'' y it v-' r to - ~~oo Kalopee Point Figure 3. Portion of USGS Kawaihae Quadrangle, Showing Location of Project Area Page 2 •PtAR-12-97 WED 11 :09 PPI 13ARRERA 39:3 :3 z3!5 16?4 p,04 PROJECT AREA ENVIRONNIENT The Soil Conservation Service of the United States Department of Agriculture recognizes a single soil type in the project area: "Kawaihae very rocky very fine sandy loam, 6 to 1.2 percent slopes (KOC).-This soil is similar to Kawaihae extremely stony very fine sandy loam, 6 to 12 percent slopes, except that rock outcrops occupy 10 to 20 percent of the surface. "Included in mapping are severely eroded areas in which small gullies are forming and the vegetation is sparse. These areas make up as much as 10 percent of this mapping unit. "This soil is used for pasture, (Capability subclass VIs, nonirrigated; pasture group 1)° (USDA 1973: 26). The vegetation is predominantly grass, and kiawe trees [Prosopis pallida] are present in the gulches. Aerial photographs and ground inspection show that both parcels have been virtually 100 percent bulldozed. Annual precipitation averages less than ten inches, and the temperature is usually in the 70s or 80s [Armstrong 1983: 63-4]. C METHODOLOGY The fieldwork was completed by one person in two days in February of 1997. All of the property boundaries were marked by a rock wall built by the client. Survey sweeps spaced at a distance of approximately 30 meters were conducted. The only site found was recorded, photographed and mapped using tape and compass to measure distance and bearing. No excavations were conducted. PREVIOUS RESEARCH Neither parcel had been subjected to an archaeological survey prior to our investigation, and there has been little previous archaeological research in the vicinity. Bonk [1965] surveyed a portion of the coastline, which lies at a distance of about a mile to the west, and located two shelter caves, five house sites and a platform with coral and waterworn stones on the surface, which might be a shrine, Sinoto [1979] did a reconnaissance of a proposed road corridor in the Kohala Estates Development, the westernmost part of which is about 1.25 mile east of the present project area. The closest of the fifteen sites found by Sinoto was about 2.25 miles east of the present project area. These consisted of enclosures, walled shelters, terraces, cairns, burial platforms, cave shelters, walls and wall segments, all of which were found above an elevation of 1200 feet above sea level. Page 3 NAP-12-97 WED 11 : 10 PN BARRERA 202 885 1694 P. 05 o 'o looemue o eo : o lee f:Q FT \ HRHP 21181 Figure 4. Site Location Map According to theState Historic Preservation Division, a large-scale survey was recently conducted in the vicinity, but the results of this effort are as yet unpublished [Patrick-McCoy: - personal communication]. That report will include a historical summary of the area. RESULTS Based on the previous findings in the ahupua'a, it was expected that no archaeological remains would be found in this project area, as the major concentrations of sites appear to follow the same pattern as in North bona; where there are coastal and inland site concentrations separated by a relatively barren zone in which the usual sites found are mauka-makai trails. However, one site was found. I-IRHP 21l 81 This is a series of stone walls located in Keanahalalulu Gulch, each measuring roughly 0.80 to 1.0 meter in width and standing to a height of about 0.80 meter. Construction is primarily of large cobbles and small boulders, the latter primarily serving as basal uprights. Feature A - This freestanding wall section originally measured 51 meters in length, but the middle 15 meters has been washed away. Feature B - This freestanding wall section measures 6.5 meters in length, and abuts a bedrock outcrop at the north end. Page 4 f•1HN.-1G-97 WED 11:11 PM BNRRERA 208 c85 1694 F'. 06 - _ t i Figure S. Keanahalalulu Gulch, Looking East ~ r Y ~ Figure 6. HRHF 21181-A, Looking Northeast Page 5 MAR-12-z7 WEL 11:11 PM BARRERA 808 885 1694 P.0 RAM OF GULCH Q 20 METERS 0 2D EO FEEt ! f / IVA C RIM OF GVLC Figure 7. Plan of HRHP 21181 Feature C - This retaining wall is built along the south rim of the gulch, and measures 22 meters in length. Feature D - This freestanding wall section measures 5.4 meters in length, and abuts a bedrock outcrop at the south end. The arrangement of the wall sections clearly shows an intent to fence off the gulch bottom, which with the absence of evidence of prehistoric utilization of the adjacent area indicates that it was probably built during historic times and functioned as a livestock barrier. SIGNIFICANCE, HRHP 21181 was of significance under Criterion D in that it possessed information of importance to the study of Hawaiian history or prehistory. The accomplished survey recording recovered a reasonable amount of the significant information, and it is "No Longer Significant." Biblioaranhv Armstrong, R. Warwick 1983 Atlas of Hawaii, University of Hawaii Press. Honolulu. Barrera, William M., Jr. 1991 Kahva, North Kohala, Hawaii Island: Archaeological Inventory survey of TAN: 5-9- 07: 7. Chiniago Inc. Waimea, Hawaii. Page 6 Place Change of Zone Application .Y r x~°A r' Gift Shop ( l Pole House C) Place Change of Zone Application S$ z Kitchen and Dining Room Master Bedroom Place Change of Zone Application t r ,rat ~Office with Garage Below Office with Garage Below Place Change of Zone Application ti 0101, Guest Room 1 Art Studio I Place Change of Zone Application x x k• 4 w Maintenance Building i r Shade Houses PLA 11140 QEErt `f a ENT DEPARTMENT OF PUBLIC WORKS ~??l€;!TA OF `'F_I'MI COUNTY OF HAWAII 2109 MAY 27 RI i= 23 HILO, HAWAII DATE: May 26, 2009 Memorandum TO B.J. Leithead-Todd, Acting Deputy Planning Director Planning Department FROM Galen M. Kuba, Division Chief ¢Engineering Division SUBJECT Change of Zone Application (REZ 0"00095) Applicant: Dr. Virgil Place Location: Kahua I3r 'Kahua and Waika, N. Kohafa, HI TMK: 3/ 5-9-005:004 and 005 We reviewed the subject application and our comments are as follows: BUILDING C. I . Buildings shalt conform to all requirements of code and statutes pertaining to building construction, (see attached memorandum from our Building Division). 2. A building permit may be required for a change of use. Different code sections .and standards on building construction may apply. DRAINAGE 9. All developmentigenerated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. Existing watercourses affect the subject property (See also GRADING). The zoning exhibit should show the approximate area of the watercourses. The applicant should be required identify all watercourses and drainageways and encumber with drainage easements as a condition of subdivision approval. 3. The applicant shall be informed that if they include drywells in the subject deveiopment, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. N ED Planning Dept. F ;S CYAN Exhibit 31'9! By _ 4 Memo to PD REZ-09-000095 May 28, 2009 Page 2 of 2 EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. The applicant was served with a Notice of Violation of Chapter 10 dated December 28, 2007 (received by applicant 1-2-08) for grading without a required grading permit. The grading violation, including alterations to a watercourse, has not been resolved to date. We have reviewed a permit application and returned it for corrections with a letter dated January 8, 2009. No further activity is noted in our records to date. The permit application followed a hydrologic and hydraulic flood study, submitted by a licensed civil engineer to support the grading permit application. The applicant should be required to complete remediation recommended by the study or approved successor study, with required permits, prior to submittal of any application to subdivide the property. 2. The applicant should consult with the Natural Resources Conservation Service, with regard to agricultural activity on the property. 3. The. applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative. Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. All roads within the Kohala Estates subdivision are private. 2. Vehicular access to the individual lots should not be from Ala Kahua Drive. 3. Roadway connections to adjoining parcels should be considered Should there be any questions concerning this matter, please feel free to contact Khan Emler of our Kona Engineering Division office at 327-3530. KE copy. ENG-HILO/KONA PLNG-KONA l ,1 BUILDING DIVISION y Department of Public Works -County of Hawail Hip (W8) sal-8331- Fax (9be) 961-9410 =r 101 Pauahi St., Suite 7 - Hilo, Hawaii 96720 Kona (808)3275620-Fax(806)327-3$09 May 26, 2009 Memorandum TO: K~I/R}ANN EMLER, Engineering Division -L~h:J Aiu-v Fec . FROM: BRIAN KAJIKAWA, Building Chief SUBJECT. VARIANCE APPLICATION WH (REZ 09-000095) Applicant: Dr. Virgil Place Owner: Dr. Virgil Place TMK: 5-9-005:004 &005 Location: Kohala, Island of Hawaii Our comments on the subject application are as follows: ? We have no comments or objections to the application. ® Approval of the application shall be conditioned on the comments as noted below. ? We oppose the approval of the application for the reasons noted below. ® AI l new building construction shall conform to current code requirements. ? The subject dwelling/structure currently has outstanding violations which shall be corrected. ? The building permit for the subject dwelling was never finaled. ? The minimum setbacks shall be maintained as follows: 3 R side, 3 & rear ? The projections do not meet setback requirements and should be corrected. Q No openings in the exterior wall are permitted less than 5 ft. from the property line, ? The exterior wall or projections shall be constructed to provide a one-hour fire resistive occupancy separation. ? An approved automatic sprinkler system is required/to substitute. ? The common wall shall be constructed to provide a _ hour fire resistive area separation. ® Others: Dept. of Public Works does not have any record of an "office" as identified on the application. County ofHawar i is an Equal Oppommity Provider and Employxr. 'NATE QR SG.4A I-{r.YS~Y IT~I~~ ~PF ~4'~r{Y~1i~ 19 i9 wtvv ~oLy ~e DEPARTMENT 3 f R 06BY • COUNTY OF HAWAII TyOPHAW p\\~p 345 KEKUANA6'A STREET, SUITE 20 HILO. HAWAII 96720 TELEPHONE (808) 961-8050 • FAX(808)961-8657 May 27, 2009 TO: Ms. BJ Leithead Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000095) APPLICANT - DR. VIRGIL PLACE REQUEST: A-20A TO FA-3A TAX MAP KEY 5-9-005:004 AND 005 We have reviewed the subject request and have the following comments and conditions. We have no objection to the proposed Change of Zone as there is no public water system in the area. The nearest Department of Water Supply facility is an existing 8-inch waterline within Maluokalani Street, approximately 1.2 miles from the subject parcels. As noted in the application, potable water will be provided from the privately owned and operated Kohala Ranch Water Company. Pursuant to Section 23-84 of the Hawaii County Code, the applicant must submit construction plans to our Department, prepared by a professional engineer licensed in the State of Hawaii, for the construction of a water system in accordance with the Department's Water System Standards. The applicant must also pay a fee of four- tenths of one percent of the estimated cost for the construction of the water system, but not less than $50.00, to cover the Department's costs for plan review, testing, and inspection. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. WoD. ours, L avao, P.E. FM:dfg copy- Dr. Virgil Place. Mr. Gregory R. Mooers, Mooers Enterprises, LLC Planning SCANNED,' Dept. Water / Exhibit J MA~b2J All I By:- I Water brincg6 rro9rea t The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and Too) , William P Krtnoi Mayor Darryl J. Oliveira Fire Chief Glen P. 1. Honda Deputy Fire Chief 1 Couutp of aiuaf `i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 981-8394 • Fax(808)981-2037 May 13, 2009 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 09-000095) APPLICANT: DR. VIRGIL PLACE REQUEST: A-20a to FA-3a TAX MAP KEY: 5-9-5:4 and 5 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "See. 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. "2. 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). Planning Dept. D_ aawgr SCARNE Exhibit Hawaii Counhj is an Equal Opportunihj Provider and Emplo er. E BJ Leithead Todd C_ May 13, 2009 Page 2 "3. 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. "(i) 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. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) ;J BJ Leithead Todd May 13, 2009 Page 3 "(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. "(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 UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. Aft(OkLIVE Fire Chief RP:lpc . y ^xSY Oi N1J~, . V L 1 tIJ,~ t r eir~ b t~^l William Kenoi .t . s t4, _ _ . _ • Lono A. Tyson Mayor Director _ ..J,r` or xr•'~~ t :a`ti !11i I t Ivan M. Torigoe Dewty Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawaii 96720 (808) 961-8083 • Fax (808) 961-8086 http://co.hawai.hi.us/directory/dir envmnithtm MEMORANDUM Date : May 4, 2009 To : BJ LEITHEAD TODD, Planning Director From: LONO A. TYSON, Director Subject: Change of Zone Application (REZ 09-000095) Applicant: Dr. Virgil Place Request: A-20a to FA-3a TMK: 5-9-5:4 and 5 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: Rip -M SglDxm&gtG f34~ me ,Ova: WASTEWATER COMMENTS: N/A ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: SOLID WASTE COMMENTS: ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. O Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide up ate to the department on current status. ( ) Other: SCANNED _ cc: SWD Planning Dept. 11709 _ MAY 12 2009 Exhibit 5 By:052745 County of Hawai'i is an Equal Opportunity Provider and Employer. .V William P. Kenoi Lono A. Tyson - Mayor - Director Ivan Torigoe of M~ Deputy Director IffuixnfV of'Wital'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawai'i 96720 (808) 961-8083 Fax(808)961-8086 htto://co.hawaii.hi.us/directory/dir envmne htm February 12, 2009 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non-ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H. Glass. 2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re-use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of County of Hawaii is an Equal Opportunity Provider and Employer. Solid Waste Management Plan Guidelines Page 2 of 2 Ir^.. vehicle movements and associated routes that will be used to transport the waste and } recycled materials. 4. The report will include identification of any impacts to County-operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: ~ A. i~. Lono A. Tyson DIRECTOR County of Hawai' i is an Equal Opportunity Provider and Employer. D - 4oJptY as p~t l~ Iron. 45 ti William P.Krnm Mayor t`, _ Stephen J. Arnett Housing Administrator ?tt~ oi'wr.'~~ r1f:=; s H J:v rt jl Outwp of joamaff OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawai'i 96720-2484 WIT (808) 961-8379 • FAX (808) 961-8685 May 15, 2009 MEMORANDUM TO: BJ Leithead Todd Planning Department FROM: Stephen J. Arnett Housing Administrator SUBJECT: Change of Zone Application (REZ 09-000095) Applicant: Dr. Virgil Place Request: A-20a to FA-3a Tax Map: (3)5-9-005:004 & 005 Pursuant to Hawaii County Code, Chapter 11, Housing, are applicable to the request. Thank you for the opportunity to comment. ; SCANNED P Planning Dept. qft G:\PLANNING\1780pasr.doc Plan n Exhibit u~ Z 7 . 0 5 9 EQUAL HOUSING OPPORTUNITY By: - HAWAII COUN Y IS AN EQUAL OPPORTUNITY LINDA WNGLE S~, O: .^A.q LAVRA H. THIELBN COYENNOROF HAWAH N' BGMUOPI.ANIMUAMW9ANAALMSOx11CLra ~A ,r 10. % CV MMIS310NGNWA Ey OUW.A W.NAGFa9!Na 6 11 i 6. RUSSELL Y. TBUJ1 d 1~'' nusrnmurv KEN G KAAVAHAM KEN IC WAKAM AOUATKaPBGURCER 4?O~ocNIh W MGAKD"ANRF.CRFAMN W OIMIAU q%NNVLYANCW MAHA 6 CGlMIMMERV MIA PFd CGWASTAR ALLAHCB STATE OF HAWAII °'D""' H°LUYATWAND G"°^°"w ENVWnMFP.RMG ~ahafHaxaH DEPARTMENT OF LAND AND NATURAL RESOURCES xa"mxse~e"0vn°n`aN xNlooLnwe CLnlm R W eR Ve wwmm~N STATE HISTORIC PRESERVATION DIVISION amier"?inKa 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 May 12, 2009 BJ Leithead Todd, Planning Director LOG NO: 2009.1506 County of Hawaii Planning Department DOC NO: 0905MDI5 101 Pauahi Street, Suite 3 Archaeology Hilo, Hawaii 96720-4224 Dear Ms. Leithead Todd: SUBJECT: Chapter 6E-42 Historic Preservation Review - Request for Comment on a Change of Zone Application (REZ 09-000095) G 1 ` Waika Ahupua a, North Kohala.District, Island of Hawaii TMK: (3) 5-9-005:004 & 005 Thank you for the opportunity to comment on the aforementioned project, which we received on May 1, 2008. These parcels are currently in use as the Virgil A. Place Arboretum and Botanical Garden. We determine that no historic properties will be affected by this project because: C,. ® Intensive cultivation has altered the land Z Residential development/urbanization has altered the land ® Previous grubbing/grading has altered the land ? An accepted archaeological inventory survey (AIS) found no historic properties ® SHPD previously reviewed this project and mitigation has been completed ® Other: An archaeological inventory survey was conducted on this property (Barrera 1997) and one site (Site 21181) was recorded, a series of stone walls in one of the gulches traversing the property. SHPD previously concurred that no further work is required (Log No. 20438, Doc No. 9711PM01). In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 933-7650. Aloha, N ncy Mahon, Deputy SHPO/State Archaeologist and Historic Preservation Manager State Historic Preservation Division SC ANNa D f J Planning Dept. Ma0i508 5 By: Exhibit 7 LINDA IN LE .E o -CHIYOME L. FLIKINO, M.D. GOVERNOR • Q(~s sa " y Hirector of Health PLANNIN"Ol,Er,tRTIMENT r 1n ~.a.~. 2119 RAY 26 P 9 12:41 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: May 21, 2009 TO: BJ Leithead Todd Planning Director, County of Hawaii FROM: Newton InouyeW Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 09-000095) Applicant: Dr. Virgil Place Request: A-20a to FA-3a Tax Map Key: 5-9-5:4 and 5 Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planninManduse/landuse html. Any comments specifically applicable to this project should be adhered to. Wastewater Branch has no objections to the project. However, information on existing wastewater system locations was not shown on the drawings and we are unable to provide comments. Please have your engineer identify the location of all wastewater systems and their relationship to existing and/or proposed property lines to make, sure they meet the minimum distances required per Hawaii Administrative Rules, Chapter 11-62. t SCANNED WORD:REZ 09-000095.at MAY 26 1009 Planning Dept. e ® g Exhibit COUNTY OF HAM11 M4 AN -2 Aff ?0: 65 C Kohala Estates Community Association P.O. 13ox 44417 Kawaihae. Hawaii 9674,3 May 27, 2009 i Ms. B} Leithead Todd Director, Planning Department County of Hawaii 101 Pauahl Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Todd: Subject: Change of Tone Application (REZ 09-000095) Applicant: Dc Virgil Place Request: A-20a to FA-3a Tax Map Key: 5-9-5:4 and 5 The Kohala Estates Community Association has historically supported Change of Zone applications for three acre size parcels as consistent with the majority of the surrounding community within Kohala Estates, and consistent with the adjoining three acre' parcels In Kohala Ranch. Additionally, the Kohala Estates community supports the North Kohala Community Development Plan's Growth Management goals to protect Kohala's rural character; large amounts of open space; and cultural resources by directing development to concentrated areas near existi ng town centers, with existing infrastructure, out of the viewplanes from Akoni Pule Highway toward the ocean and viewpianes from the Kohala Mountain Road toward the ocean and mountains, and not located on the prime agricultural land of North Kohala. The North Kohala Community Development Plan lists desirable features of rural Infrastructure:. • neighborhood low speed roads with drainage down the center of pervious pavement (preventing. shoulder erosion), • runoff routed to sedimentation ponds, • road design following the contours of the terrain (as opposed to "cookie-cutter" layout), • wide grass shoulders for walkways and trees, • underground utilities (additionally advantageous in hurricanes and storms, as well as emergency relief efforts), and • low profile minimal street lighting. Meetings with pr. Virgin Place have indicated that he is committed to a subdivision design including underground utilities and no streetlights, thereby preserving views; and agricultural water serving his subdivided lots. He has also indicated interest in erosion prevention techniques of lots configured to the contours of the terrain, including gulches, and sediment retention basins to prevent siltation of nearby ocean waters. With the agricultural examples already demonstrated within Pua Mau Botanical Garden, and the planned. agricultural water for the proposed parcels, the proposed subdivision will provide a positive example for the community. Thank you for the opportunity to comment on this application. Sincerely, Susan Wells Fischer, Secretary of Kohala Estates Coinmuni W ~r Planning Dept. JUN 0 2.2009 Exhibit- 9 B':053375 ~ V LARKING HPAR7'VENT Kainuost Office cla, HaNwdi 96743 OOERS C01M ° I p; I,p, it Phone (sog) 880-1455 ENTERPRISES, LLG Fax (808) 880-1456 Land Use Alternatives I'M -3 PPI ~ 03 gmooers@haANaii.rr.com June 1, 2009 Ms. Leithead Todd Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 09-095) Request: A-20a to FA-3a Applicant: Virgil A. Place Tax Map Key: 5-9-005:004 & 005 Dear Ms. Leithead Todd: C. Your staff has forwarded comments from various agencies to me and asked that I respond. Police Department: The department had no comments or objections, and as such, no response is warranted. Department of Water Supply: The applicant understands that the site is serviced by a private water company. The applicant will comply with the provisions of the Hawaii County Code and will submit construction drawings for review and approval at the time the property may be developed. State Historic Preservation Division:' The applicant acknowledges that SHPD has determined that "no historic properties will be affected" and that "no further work is required". Office of Housing and Community Development: The applicant understands that the Hawaii County Code, Chapter 11, applies to the proposed subdivision. The applicant will comply with this regulation. Department of Health: This property has not been used for the cultivation of sugar or any other agricultural product and the environmental concerns raised in these comments are not applicable to the subject property. The applicant will comply with all regulations related to waste water treatment. Planning Dept. SCANNED Exhibit /0 0504026 By: .r Ms. Leithead Todd June 1, 2009 Page Two Fire Department: The applicant will comply with all provisions of the Fire Code. Department of Environmental Management: The applicant will comply with the regulations related to solid waste and will prepare a Solid Waste Management Plan as required. Should you or your staff require any additional information, please contact me directly. Thank you for your prompt review of this application. Sincerely, Grego Mooers President GRM.jy / l C ~ s Post Office Box 1101 GOERS Isainuela, Hawaii 96743 E1VTERPRISES LLG Phone (808) 880-1455 Fax (808) 880-1456 Land Use Alternatlvftf-'IM;l,GOEPARI- gmooers@llawaii.rr.a»n 'Ic -T 1M1 Y-Y_,tl June 10, 2009 2W AIN } 2 P11 3: QO Ms. Leithead Todd Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo,,Hawaii 96720 Re: Change of Zone Application (REZ 09-095) Request: A-20a to FA-3a Applicant: Virgil A. Place Tax Map Key: 5-9-005:004 & 005 Dear Ms. Leithead Todd: Your staff has forwarded comments from various agencies to me and asked that I respond. Kohala Estates Community Association: The applicant appreciates the support from the Community Association. Department of Public Works: The applicant will comply with all regulations related to the Building Code, drainage, earthwork and roadways. The applicant will continue to work with DPW to address the previous violation related to grading without a permit. Should you or your staff require any additional information, please contact me directly. Thank you for your prompt review of this application. ASincor y, . Mooers President GRM:Jy SCANNED -914 ByA A' F , C) RPIaceREZ.doc-6/30/09 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DR VIRGIL PLACE "CHANGE'OF ZONE APPLICATION (REZ 09-95) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for the Change, of Zone request from.Agricultural20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) he forwarded to the County Council: Since this recommendation is made without the benefit of public testimony, the Director reserve's the right to modify and/or alter this recommendation. based upon: additional information:presented at the public hearing. This favorable recommendation is based on the following findings' , The apphcant'requests a change,of zone from Agricultural 20-acre (A-204) to Farnily Agricultural 3-acre, (FA-3 a) for approximately 45.01 ,1 acres of land. 'The, applicant requests the change of zone to FA-3a:to allow the subdivision of the properties into approximately 1416&to support the continued operation of the botanical garden on portions of the property,. while accommodating estate planning for his family. Some lots will be created with a, portion of the garden to beanamenity to the community while providing landscaping for the single=family dwellings. Covenants will be included to encumber th'e4ots withPbrtions of the garden to continue its current operation. The change of zone will allow the applicant to subdivide his privately owned residence from the;Foundation-owned garden for estate planning purposes. The project site, consisting of two parcels, has been developed into the Virgil A. Place Arboretum and Botanical Garden, (aka Pua Mau Place) which was approved by Special Permit No. 969 for five acres of the subject property on June 12, 1997: The permit also allowed the construction and operation of a small gift shop located immediately off Ala Kahiaa Drive. The botanical garden was established in 1974 by the applicant to specialize in ever-blooming woody plants. Its stated mission is to promote awareness of, and conduct research on, the uses of flowering plants in a Hawaiian and environment for ornamental, agricultural, and bio-regional purposes. The garden -1- [ • f~ l currently features a maze planted with varieties of piants as well as outdoor sculptures. The Change of Zone request from A-20a to FA-3a will conform to, among others, the Land Use, Agricultural and Economic elements of the General Plan. 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 proposed request will conform to the Land Use element_ofthe General Plan to designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. The request'also conforms to the Land Use -,Agricultural policy of the General Plan which states, "encourage; where appropriate; the establishment of a visitor-related uses and facilities that directly promote the agri culture industry. The requested change of zone conforms to the General PlanLand,Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LsUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Extensive Agricultural. The applicant's request will not diminish the agricultural uses on the property and will remain consistent with the General Plan's designation for this area. Surrounding parcels to the north are zoned A-3a, and parcels to the east are zoned A-20a. Lands to the south are zoned A-40a, and lands to the west are zoned A-la (Kohala By the Sea) and A-3a (Kohala Estates). To the northwest across Ala Kahua Drive is a property zoned FA-3a under Ordinance No. 05 64. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is unclassified by the Agricultural Lands of Importance to the -2- State of Hawaii (ALISH) System. Soils within the properties are unclassified by the Land Study Bureau. The Change of Zone request from A-20a to FA-3a is not inconsistent with the North Kohala Community Development Plan (CDP). The North Kohala CDP adopted by Ordinance No. 08 151 on November 5, 2008 designates the area as Existing Upscale Development under its North Kohala Environmental and Cultural Concept Map. The CDP also supports the use of agricultural lands for active agricultural purposes in North Kohala: In existence since 1974, the property is currently the site of an arboretum and botanical garden promoting the awareness of and research on the use of flowering plants in the Hawaiian and environment. The botanical garden will be retained, and portions of the garden, will be incorporated into some of the subdivided lots. Thus, the proposed FA- 3a zoning-would conform to the North Kohala's CDP land use strategy envisioned for this area. All utilities and services are available to the site. Access to the properties is from Ala Kahua Drive, a-paved two-lane private road with a 22-foot pavement width within an 80-foot right-of-way. The roads are owned by Ala Kahua Drive LLC, a subsidiary of Kohala Ranch Development Corporation. Ala Kahua Drive intersects with the;Akoni Pule Highway approximately.5 miles to the west. Potable water is provided from the private Kohala Ranch Water Company (KRWC). The applicant states that the s KRWC has indicated that sufficient water can be made available to the properties. There are two wells on the site that provide irrigation water for the garden and a tank with a 50,000 gallon storage capacity for the irrigation system. As there is no municipal sewer system in the area, wastewater will be disposed of into individual wastewater systems meeting the standards and requirements of the State Department of Health. Electrical and telephone services are available to the site. Police services are located within Kapaau, approximately sixteen (16) miles from the property. Fire services are located at the Mauna Lani substation, approximately eight (8) miles from the project site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately '/2 mile from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. -3- Y There are no identified recreational resource, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed use of the property will not adversely impact those resources. Because a portion of the property has been developed and the unimproved area of the site consists primarily of buffel grass, pili grass and kiawe trees, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the properties. There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-20a) to a Family Agricultural (FA-3a) zoned district would result in antappropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-7 (North & South Kohala District Zone Map) of Chapter 25; Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- MaceREZ.doc-6/30/09 DR. VIRGIL PLACE CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. (REZ 09-95) A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. D. Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planing Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. E. All driveway connections to Ala Kahua Drive shall conform to Chapter 22, County Streets, of the Hawaii County Code. F. All grading and grubbing activities and drainage improvements shall meet with the approval of the Department of Public Works. G. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval. -1- H. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. I. The method of sewage disposal shall meet with the requirements of the Department of Health. K. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. M. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 0. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -2- e JNty of H,~ COUNTY OF HAWAII STATE OF HAWAII •ff p~•Nf'Y BILL NO. ORDINANCE NO. ('Pjaairih~~ /h , AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRES (A-20a) TO FAMILY-AGRICULTURAL - 3 ACRES (FA-3 a) AT KAHUA AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 5-9-005:004 AND 005. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahua and Waika, North Kohala, Hawaii, shall be Family-Agricultural - 3 acres (FA-3 a): Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly comer of Lot 11 as shown on Map 3 of Land Court Consolidation 117 and being a point on the Southerly side of Ala Kahua Drive, and running by azimuths measured clockwise from True South: 1. 324° 47' 2,050.83 feet along Lot I I as shown on Map 3 of Land Court Consolidation 117 to a point; 2. 46° 24' 40" 1,010.78 feet along Hawaiian Home Lands to a point; 1 144° 47' 1,977.27 feet along Lots 791, 792, 793, 794 as shown on Map 116, Lots 603, 602, 601, 600 and 599 as shown on Map 60 and -1- i Lot 799 as shown on Map 122 of Land Court Consolidation 117 to a point; Thence, from a tangent azimuth of 256° I F24" following along the Southerly side of Ala Kahua Drive on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 4. 235° 28' 12" 382.11 feet to a point; 5. 214° 45' 657.73 feet along the Southerly side of Ala Kahua Drive to the point of beginning and containing an area of 45.011 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- i A-3a A-200 A-3a A-400, ~ A-200 ~ ~y v q,5, r"" 5t A-40a AGRICULTURAL - a 20 ACRES )A-200) O A-3a FAMILY-AGRICULTURAL-3ACRES (FA-3a) 45.001 ACRES A-3a FA-3a s A-5a 5 A a v1 . A- a RS_ R A to A-3 A-400 A-5a A-3a A-1 A-3a A-5a A-5a A-5a A-3a A-la A-1a A-40a R5 A a O A-5a ~ A-5a A 3a A -5a A-la A-40a AKOM PULE HWY. A -1a R - 2 R -4 RM-4 A- a A-400 A-5a A-5a R -4 A-40a 0 625 1,250 2,500 3,750 5,000 MENO~ Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRES (A-20a) TO FAMILY-AGRICULTURAL - 3 ACRES (FA-3a) AT KAHUA AND WAIKA, NORTH KOHALA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 5-9-005: 4 & 5 DATE: April 28, 2009 ovulolr „n„