HomeMy WebLinkAboutCOM 0257.000 2010-2012 - (F ; N `V Of /y\ J';. William T. Takaba
William P. Kenoi O._ . j' :• ' Managing Director
Mayor ` '
Wally Lau
r e ,- _- Deputy Managing Director
County of Hawaii
25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553
KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawaii 96740
(808) 323 -4444 • Fax (808) 326 -5663
June 27, 2011
Honorable Dominic Yagong, Chairman
and Members of the County Council , W' ;^
County of Hawai`i ; ,
25 Aupuni Street " 'r ,
Hilo, HI 96720 --r- ` ` '- " Fri
Dear Chairman Yagong and Members: "` --.-
Change of Zone Application (REZ 11- 000135)
Applicant: 327 Kona, LLC
Request: A -la & A -5a to FA -la
Tax Map Key: 7 -4- 026:033
/Change of Zone Application (REZ 11- 000136)
Applicant: Cynthia Foster
Request: A -40a to A -5a
Tax Map Key: 6- 4- 017:042
As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letters and
enclosures regarding the above - referenced requests.
Sincerely,
• r
/
William P. K. of
Mayor
Enclosures
cc: Planning Department
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County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
NUN ill Ifi
r Phone (808) 961 -8288 • Fax (808) 961 -8742
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Council Members:
Change of Zone Application (REZ 11- 000136)
Applicant: Cynthia Foster
Request: A -40a to A -5a
Tax Map Key: 6 -4- 017:042
The Leeward Planning Commission, after a duly held public hearing on May 19, 2011, voted to
recommend for your approval the proposed legislative bill for a Change of Zone from
Agricultural 40 -acres (A -40a) to Agricultural 5 -acres (A -5a) for approximately 17.88 acres of
land. The property is located on the north side of Mamalahoa Highway, approximately 750 feet
west of the Mamalahoa Highway and Kipahele Street intersection, Pu'ukapu Homesteads, 2nd
Series, Waimea, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting a Change of Zone from Agricultural 40 -acre (A -40a)
to Agricultural 5 -acre (A -5a). The applicant intends to subdivide the property into three
(3) lots. The applicant plans to retain two (2) lots for her and her family and sell the
remaining lot to help pay for the infrastructure and related costs of the proposed
subdivision.
Subdivision improvements are estimated to cost approximately $300,000, which
is mainly for the water system and roadway improvements serving the proposed lots. The
applicant hopes to have the land subdivided before the end of 2011.
Hawai `i County is an Equal Opportunity Provider and Employer
•
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 2
The property is approximately 17.88 acres in size located near the 54 -mile marker
on the Mamalahoa Highway in Waimea. The southern portion of the site is fairly flat,
with slopes ranging from two to five percent. The northern portion of the property has
slopes from two (2) to ten (10) percent. Elevation ranges from 2,900 to 3,000 feet. There
is an existing single family dwelling on the property that is located near the highway.
Surrounding properties are zoned Agricultural 40-acre (A -40a) to the north, west
and southeast across Mamalahoa Highway. The adjacent property to the east and
properties to the south across Mamalahoa Highway are zoned Agricultural 5 -acre (A -5a).
The Hoonani Subdivision, consisting of 10,000 - square foot residential lots, is located
approximately 600 feet to the east and zoned Agricultural 1 -acre (A -1 a).
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural 40 -acre (A -40a) to
Agricultural 5 -acre (A -5a) conforms to, among others, the goals, policies and
standards of the General Plan Economic and Land Use Elements. 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
Agriculture and Important Agricultural Land. Extensive Agriculture are those lands not
classified as Important Agricultural Land, and includes lands that are not capable of
producing sustained, high agricultural yields without the intensive application of modern
farming methods and technologies due to certain physical constraints such as soil
composition, slope, machine tillability and climate. Other less intensive agricultural uses
such as grazing and pasture may be included in the Extensive Agricultural category.
Important Agricultural Land(s) are those with better potential for sustained high
agricultural yields because of soil type, climate, topography, or other factors.
The proposed Change of Zone will conform to, among others, the goals, policies
and standards of the Land Use and Economic General Plan Elements:
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 3
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
Economic
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawai`i.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
The major concern in allowing a rezoning of agricultural land that creates smaller
lot sizes is that this will reduce the potential use of the land for commercial agriculture by
fragmenting the land into areas too small to be farmed on a commercial scale. While a
few crops can be intensively cultivated on very small acreages, usually these crops have a
very limited market. Reducing the size of the lots can reduce the range of potential
agricultural uses and the range of market opportunities for those crops. At the same time,
a strong demand exists in the real estate market for lots in agricultural areas by purchasers
who are interested in large -lot residential homesites or for speculation. The desire for
these "gentleman's estates" tends to drive up the price of agricultural land making it less
affordable for commercial farmers.
Most agricultural rezonings in Hawai`i County in the last twenty years have
resulted in subdivisions where the primary use is residential, not agricultural. For the
most part, these rezonings did not occur on prime agricultural land or on what is now
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 4
termed "Important Agricultural Land" in the General Plan. The predominant zoning of
agricultural lands along the Hamakua coast, extending to Waimea, is A -40a. There will
be considerable interest by landowners to rezone and reduce the minimum lot sizes
because the biggest value is the ability to build a home. The per -acre price is therefore
higher if the property can be sold in smaller lots. This desire to create smaller lots must
be handled very carefully because of the possible carving up of the land into
uneconomical units, and the increasing per -acre price.
The General Plan contains a policy for the protection of lands classified as
Important Agricultural Lands in Section 14.2.3(s): "Important agricultural lands shall not
be rezoned to parcel sizes too small to support economically viable farming units." This
policy applies to roughly the lower one -third of this property, where the applicant is
proposing to create one new lot after the rezoning. Five acres is the minimum at which a
range of crops can be grown on a commercial scale, and is sub - optimal for many crops.
While the rezoning application does not violate this policy, it is at the minimum that
could be consistent with the policy.
A number of factors tip the balance for this favorable recommendation. The
applicant wants to subdivide the property for her and her family. The area has not
historically been cultivated in crops, unlike the former cane lands and the vegetable
growing areas of Waimea. Additionally, the property can be supplied with water and
road access without significant infrastructure costs, which will be covered by the sale of
one of the lots created. It is a limited rezoning that does not greatly change the overall
land use pattern of the area as there are similar zoned areas to the east and south of the
property.
The Change of Zone request from Agricultural 40-acre (A -40a) to
Agricultural 5 -acre (A -5a) is consistent with the applicable goals, policies and
standards of the South Kohala Community Development Plan. The South Kohala
Community Development Plan (SKCDP) was adopted by Ordinance No. 08 159 on
December 1, 2008. The project site is identified within an area identified in the plan for
the "Small Farms and Ranches Preservation Program" in the SKCDP (Figure 4.4 -
Waimea Town Conceptual Plan).
There are five (5) overall Policies for Land Use in Waimea Town. These policies
are to be used as a long range plan (20+ years) for the future of Waimea. The key
element of the Waimea Town Plan is the "Responsible Growth" policy intended to
preserve Waimea's sense of place.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 5
Waimea Policy No. 2 is "Responsible Growth ", which is to be an overarching
land use policy for Waimea. Adequate infrastructure, including roads, water supply,
electrical power, drainage structures, schools, and parks, shall be provided by public
and/or private entities before any large -scale new residential or commercial projects can
be considered for approval by the County.
There are several strategies to achieve the Responsible Growth policy for
Waimea. Strategy 2.1 states "The County should carefully evaluate and condition, as
appropriate, any rezoning that would negatively impact important agricultural lands or
culturally, visually and environmentally important open spaces or resources in Waimea."
Time will be needed to implement a number of important open space preservation
tools and programs, including acquisition of fee interest or conservation easements for
important pu'u and some of the East Waimea farm and ranch lots. While these tools and
programs are being put into place, private lands that are currently zoned A -5a, A -10a, A-
20a, or A -40a should retain their current zoning. Exceptions can be made for affordable
housing, agricultural cluster subdivisions, and small -scale rezonings of 4 lots or less that
may assist families in allowing their children to obtain individual properties. Given the
fact that this rezoning is less than 4 lots and is to assist in allowing the applicant's family
to obtain an individual property, the proposed request is consistent with the South Kohala
Community Development Plan.
The proposed request will result in a more appropriate land use pattern that
will further the public necessity and convenience and the general welfare. When
considering an amendment initiated by a property owner or other person who proposes to
change the district classification of any property, the director shall also consider the
purposes of the existing and proposed district and the purposes of the Zoning Code and
shall recommend a change in a district boundary only where it would result in a more
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
In considering the purpose of the existing and the proposed district classification,
the request does not changing the district classification of the property, which remains
Agriculture, but seeks to change the minimum lot size from 40 acres (A -40a) to 5 acres
(A -5a). If approved, the approximately 17 -acre property will be able to be subdivided
into 3 lots approximately 5 acres each in size. The zoned district classification will
remain Agriculture and the purposes of the existing district classification will remain the
same.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 6
For the purpose of promoting health, safety, morals, or the general welfare of the
County, the Zoning Code regulates and restricts the height, size of buildings, and other
structures, the percentage of a building site that may be occupied, off - street parking,
setbacks, size of yards, courts, and other open spaces, the density of population, and the
location and use of buildings, structures, and land for trade, industry, residence, or other
purposes. In considering the purposes of the Zoning Code in relation to the proposed
request, the approval of the request will result in a higher density. If approved, the
applicant could build additional dwellings on each newly created lot, resulting in an
increase in the overall unit density within the project site. The Planning Director supports
this rezoning request, but only on the condition of allowing one dwelling on each lot.
Therefore, a condition of approval will be included in the Change of Zone ordinance to
prohibit a second dwelling unit and/or a condominium property regime on each
subdivided lot.
In considering the request in relation to the surrounding zoning, the request will
result in an appropriate land use pattern. The property borders a larger property to the
east and is near properties to the south across Mamalahoa Highway that are similarly
zoned A -5a, which allows for the same density as the proposed request.
Based on the above information, the proposed request will result in a more
appropriate land use pattern that will further the public necessity and convenience, and
the general welfare of the County.
The proposed request will not burden public agencies to provide utilities and
services to the subject property. Access to the lots is proposed to be from Mamalahoa
Highway, a County road with an approximate 20 -foot wide pavement with grass
shoulders all within an approximately 50 -foot right -of -way. According to the applicant,
two (2) of the proposed lots would secure their access via a 25 -foot wide access easement
over the proposed lot fronting the Highway. This easement would have a 14 -foot wide
pavement or possibly less, if a variance is secured. The applicant understands that the
Subdivision Code may calls for a 50 -foot wide road with a 20 -foot wide pavement but
states that such a requirement may be excessive to service only two (2) lots, as well as
may not be visually in keeping with the rural ambiance of the area. As such, the applicant
may seek a variance or relief from this requirement during the subdivision process. The
applicant also understands that if such a request is denied, they would abide by the
Subdivision standards.
According to the General Plan, Mamalahoa Highway shall be improved to an 80-
foot right -of -way. A condition of approval will be added requiring the applicant to
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 7
provide a 15 -foot wide future road widening setback along the entire subject property
frontage of Mamalahoa Highway. Additionally, a condition of approval will be added
requiring the applicant to create a 50 -foot road and utility easement to the property
boundary to the west (TMK:6- 4- 17:43) to allow for the future extension of Hauhoa
Street, which is similar to what was required under Ordinance 05 -169 for the rezoning of
the adjoining property to the east. This will allow the option of creating road connectivity
with the established subdivision road to the east (Hauhoa Street) and to minimize the
amount of accesses created along Mamalahoa Highway.
According to the Department of Water Supply, water can be made available from
an existing 6 -inch waterline along Mamalahoa Highway. As there is no municipal sewer
system in the area, wastewater will be disposed of by a cesspool or individual wastewater
system, meeting the requirements of the Department of Health. All other essential
utilities and services are or can be made available to the site.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately twelve miles from the
nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion.
There is no record of a designated public access that traverses the property. No valued
cultural, historical or natural resources exist on the property and there is no evidence of
any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it
is not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka 'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural, historical, and natural resources found in the rezoning area:
The landowner has been using the property for cattle grazing and it is anticipated
that no historic properties will be affected.
The Honorable Dominic Yagong, Chairman
and Members of the County Council
Page 8
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: No gathering is taking place on
the site. Thus, 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 these rights.
Based on the above findings, approval of the Change of Zone request from
Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
For your favorable consideration, an amendment to Section 25 -8 -11 (Lalamilo - Puukapu 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,
Lani L. Bowman, Vice - Chairman
Leeward Planning Commission
Lcynthiafosterrez 11 -136 #2
Enclosures
cc: Mr. Sidney Fuke
Ms. Cynthia Foster
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources -HPD
DOT - Highways, Honolulu
Amy Self, Esq., Corporation Counsel
Planning Department - Kona
BFoster- REZ- 11- 136 .jwd 05 -0411
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CYNTHIA FOSTER
CHANGE OF ZONE APPLICATION NO. 11-000136 (REZ 11 -136)
CYNTHIA FOSTER has submitted an application for a Change of Zone from
Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) for approximately 17.88 acres of land.
The property is located on the north side of Mamalahoa Highway, approximately 750 feet west
of the Mamalahoa Highway and Kipahele Street intersection, Pu'ukapu Homesteads, 2 °d Series,
South Kohala, Hawai`i, TMK: 6- 4- 17:042.
APPLICANT'S REQUEST
1. Proposed Development: The applicant is requesting a Change of Zone from
Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a). The applicant intends to
subdivide the property into three (3) lots. The applicant plans to retain two (2) lots for
her and her family and sell the remaining lot to help pay for the infrastructure and related
costs of the proposed subdivision. (Planning Department Exhibit 1 - Change of Zone
Application)
2. Estimated cost and projected timetable of project: Subdivision improvements are
estimated to cost approximately $300,000, which is mainly for the water system and
roadway improvements serving the proposed lots. The applicant hopes to have the land
subdivided before the end of 2011.
3. Landowner: The applicant is the landowner of the property.
STATE AND COUNTY PLANS
4. State Land Use Designation: Agricultural.
5. GP LUPAG Map: Extensive Agriculture and Important Agricultural Land. Roughly
the southern 1/3 of the property is designated as Important Agricultural Land.
6. County Zoning: Agricultural 40 -acre (A -40a).
7. South Kohala Community Development Plan (SKCDP): The SKCDP, adopted by
Ordinance No. 08 159, affects the subject property. The project site is identified within
an area for "Small Farms and Ranches Preservation Program" in the SKCDP (Figure 4.4
- Waimea Town Conceptual Plan).
ATTACH: Comn. 257
Bill 66
8. 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 more than twelve (12) miles from the nearest coastline not situated within the
Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is approximately 17.88 acres in size located near the
54 -mile marker on the Mamalahoa Highway in Waimea. The southern portion of the site
is fairly flat, with slopes ranging from two to five percent. The northern portion of the
property has slopes from two (2) to ten (10) percent. Elevation ranges from 2,900 to
3,000 feet. There is an existing single family dwelling on the property that is located near
the highway with a gravel driveway directly accessing Mamalahoa Highway.
10. Surrounding Zoning /Land Uses: Surrounding properties are zoned Agricultural
40 -acre (A -40a) to the north, west and southeast across Mamalahoa Highway. The
adjacent property to the east and properties to the south across Mamalahoa Highway are
zoned Agricultural 5 -acre (A -5a). The Hoonani Subdivision, consisting of 10,000- square
foot residential lots, is located approximately 600 feet to the east of the property and
zoned Agricultural 1 -acre (A -la). An adjacent property directly to the east was rezoned
from A -40a to A -5a on December 27, 2005 (Ordinance No. 05 -169) to support a
proposed 8 -lot subdivision (SUB 07- 0000625).
11. ALISH: Other Important Agricultural Land and Prime Agricultural Land. Roughly the
southern 1/3 of the property is identified as Prime Agricultural Land.
12. Land Study Bureau's Detailed Land Classification System: "C" or "Fair ".
13. U.S. Soil Survey: MLD (Maile Silt Loam) series 6 to 20% slopes and MaA (Maile Silt
Loam) 0 to 3 % slopes.
14. FIRM: Zone "X ", area determined to be outside the 500 -year flood plain.
15. Flora /Fauna Resources: There were no professionals flora/fauna surveys conducted of
the site. The applicant does not believe that rare or endangered floral or faunal resources
are likely on the site, as the property has been extensively for cattle grazing in the recent
past. The flora of the site is dominated by kikuya grass with scattered ohia trees
throughout the site. The property is not known to be a habitat for any rare or endangered
animal life.
-2-
16. Archaeological Resources: Since the property was and continues to be used for cattle
grazing, no commissioned archaeological survey was conducted. It is expected that no
archaeological or historic features exist on the property. The applicant has requested a
"no effect" letter from the State Department of Land and Natural Resources Historic
Preservation Division (DLNR - SHPD). There has been no response and the Planning
Department is processing this application because the deadline for response under SHPD
rules has expired.
17. Cultural or Native Gathering Rights: There is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the property, nor existence of any
known valued cultural, historical or native resources in the area.
18. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
19. Access: Access to the lots is proposed to be from Mamalahoa Highway, a County
arterial roadway with an approximate 20 -foot wide pavement with grass shoulders all
within an approximately 50 -foot right -of -way. According to the applicant, two (2) of the
proposed lots would secure their access via a 25 -foot wide access over the proposed lot
fronting the Highway. This easement would have a 14 -foot wide pavement or possibly
less, if a variance is secured. According to the General Plan, Mamalahoa Highway shall
be improved to an 80 -foot right -of -way. The Department of Public Works commented
that the applicant shall provide a 15 -foot wide future road widening setback along the
entire subject property frontage of Mamalahoa Highway. Additionally, the applicant
should allow for the future extension of Hauhoa Street by creating a roadway easement,
similar to what was required under Ordinance 05 -169 for the rezoning of the adjoining
property to the east.
20. Water: According to the Department of Water Supply, water can be made available
from an existing 6 -inch waterline along Mamalahoa Highway.
21. Wastewater: As there is no municipal sewer system in the area, wastewater will be
disposed of by a cesspool or individual wastewater system, meeting the requirements of
the Department of Health.
-3-
22. Solid Waste: Solid waste disposal will be by County transfer stations located in Waimea
and Honokaa.
23. Essential Utilities and Services: Utilities are available to the property. The closest
police and fire stations are located in Waimea, approximately three miles from the
property. County parks are located in Waimea.
AGENCIES' COMMENTS
24. Department of Public Works: (Planning Department Exhibit 2 — March 2, 2011
Memo)
25. Department of Water Supply: (Planning Department Exhibit 3 — March 16, 2011
Memo)
26. Department of Environmental Management: (Planning Department Exhibit 4 —
February 22, 2011 Memo)
27. Police Department: (Planning Department Exhibit 5 — March 2, 2011 Memo)
28. Fire Department: (Planning Department Exhibit 6 — February 25, 2011 Memo)
29. Department of Health: (Planning Department Exhibit 7 — March 2, 2011 Memo)
APPLICANT'S RESPONSE TO AGENCIES
30. The applicant has submittal several responses letters: (Planning Department Exhibit 8
— February 10, 2011 and March 23, 2011 Letters)
AGENCIES - NO RESPONSES
31. DLNR -State Historic Preservation Division, Waimea Community Association,
Department of Transportation, Department of Agriculture, NRCS and US Fish and
Wildlife.
PUBLIC COMMENTS
32. As of the date of this writing, the Planning Department has not received any objections
from the general public or adjacent landowners on the subject application.
-4-
s
APPLICATION
FOR
COUNTY REZONING
(A -40a to A -5a)
APPLICANT: CYNTHIA FOSTER
PUUKAPU HOMESTEADS 2 SERIES
SOUTH KOHALA, HAWAII
TAX MAP KEY: (3) 6 -4 -017: 042
Prepared For:
Cynthia Foster
Prepared By:
Sidney M. Fuke, Planning Consultant
January 2011
Planning Dept.
Exhibit 1
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: CYNTHIA FOSTER
, i //
APPLICANT'S SIGNATURE: _i_ _ ` O/ ��� /'�1 _' , DATE:
ADDRESS: P.O. Bo 240998
Honolulu, HI 96824
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (808) 226 -1450 (Fax)
LANDOWNER(S): CYNTHIA FOSTER
_Arip
LANDOWNER SIGNATURE(S): , i 4 , 2 �_ � % ' ° E:
(May be by letter)
LANDOWNER(S) ADDRESS: P Box 240998
Honolulu, HI 96824
REQUEST: A -40a TO A -5a
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 6 -4 -017: 042
STREET ADDRESS OF PROPERTY: 64-550 Mamalahoa Highway Kamuela, HI 96743
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 17+ acres
AGENT: Sidney M. Fuke - Planning Consultant
ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720
TELEPHONE:(Bus.) (808) 969 -1522 (Res.) (Fax) (808) 969 -7996
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES: Cynthia Foster
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I• 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? All
b. Into what lot sizes? 10 + 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? lmonth
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.
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? N/A
b. Sell or lease the land to someone who has tentative plans? NIA
C. Sell or lease the land to someone who has no plans? N/A
d. Keep it? N/A
e.
P. D. 2 5/84
t. 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?
By providing land for family member, it eliminates need for a lot in the open market.
4. Are there any buildings on the subject area? Yes
If so, what kind?
Single - family dwelling
What do you intend to do with those buildings if your request is
approved?
Continue to use the dwelling.
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.
Intermittent cattle grazing
6. Was your request to allow for the creation of smaller agricultural
lots? Yes
If so, did your plan include the following considerations?
a. Commodity to be produced? Yes
What kinds of commodity?
b. Suitability of the proposed lot -size for that commodity? Yes
C. Sufficient farm size to allow reasonable chance of success in
commercial agriculture? Yes
-2-
d, Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use? No
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons. Yes
It was also to provide a lot to one of the family member.
7 . To your knowledge, has there been any flooding and /or drainage problem
on the subject area? Yes
If so, please describe the problem.
During heavy rain, the upper portion has had some floodwaters, but this can be taken care of.
8 . Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Please refer to planning and environmental report fro this request.
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
X
c. Sewer
d. Drainage X
-3-
•
Yes No
e, Police Protection X
f, Fire Protection X
X
9 Recreational Facilities
X
h, Public Utilities
X
Other
For those checked "yes ", please elaborate what type or kinds of improvements
and /or assistance are needed.
1
Signature:
Address: P . O. BOX 240998 Honolulu, HI 96824
Telephone: (808) 226 -1450
Date: Jan. 25, 2011
-4-
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-40a to A -5a)
CYNTHIA FOSTER
PUUKAPU HOMESTEADS, 2 N13 SERIES, SOUTH KOHALA, HAWAII
TAX MAP KEY: (3) 6-4- 017:042
L INTRODUCTION
Cynthia Foster ( "applicant "), is requesting a rezoning of a 17.88 -acre parcel
from Agriculture (A -40a) to Agriculture (A -5a) in Puukapu Homesteads, 2
Series, South Kohala, Hawai'i. (See Figure 1) The subject site fronts the
north side of Mamalahoa Highway, generally west of the Hoonani
Subdivision.
If approved, the applicant intends to subdivide the subject property into three
(3) Tots, consisting of 5+ acres each. The applicant plans to retain two (2)
Tots for her and her family and sell the remaining lot to help address the
infrastructure and related cost of the proposed subdivision. .
II. PROJECT LOCATION
As noted earlier, the subject site fronts the north side of the Mamalahoa
Highway. Adjacent and to the east of the subject property was a 43.88 -acre
parcel that was recently rezoned into the A -5a district on December 27, 2005
(Ord. No. 05 -169) and subdivided into eight (8) 5+ acre lots. A copy of this
ordinance is found in Appendix A. The Hoonani Subdivision is located
immediately east of the 8 -lot subdivision. (See Figure 2)
III. PROJECT DESCRIPTION
A. Project Concept and Components
The applicant recently purchased the subject site with the intention of
retaining two (2) Tots for her family use and selling the other lot. The
site is suitable for cattle grazing, although it has the soil potential for
limited truck crop.
However, because the area is too large (17+ acres) for the applicant's
use coupled with the desire to address estate issues, the applicant
would like to subdivide the property and sell one of the lots. The sale
would help defray the subdivision cost, particularly the water line
improvements.
1
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LOCATION MAP — (TMK: 6 -4 -017: 042)
CYNTHIA FOSTER
FIGURE 1
FOREST RESERVE
FOREST RESERVE.
FOREST RESERVE - --
�� N
I I
A -40a
AGRICULTUR L (A -40a) TO I I w )\ i
AGRICULT RAL (A 5a) A -40a \
43.88 ACRES
! A -40a
A -40a SUBJECT PROPERTY
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■ Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -11 (LALAMILO - PUUKAPU ZONE MAP)
. ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A -40a)
TO AGRICULTURAL (A-5a)
AT WAIMEA, SOUTH KOHALA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
17:040 FIGURE 2 Date: September 16 2005 -
EXHiBlT ..A.. j :•Onchin Inzhn PT GI 11PAN
Tentative plans for all Tots to have direct access to the Mamalahoa
Highway. (See Figure 3) It is understood that the subdivision plan
submitted herein may change prior to receipt of final subdivision
approval to accommodate the applicant's wishes as well as to comply
with County subdivision requirements and appropriate rezoning
conditions.
B. Project Timetable and Cost
The applicant hopes to secure the necessary County rezoning
approval as soon as possible and begin the subdivision process
immediately thereafter. Tentatively, the applicant hopes to have the
land subdivided before the end of 2011.
The estimated cost of improvements would be $300,000. This would
largely be for the water system and roadway improvements serving
the proposed Tots.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The entire site is within the Agricultural district. The proposed lot size
(5 acres) and intended use (family agriculture) would be consistent
with the rules and regulations governing the State Land Use
Agricultural District.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the rear or northern portion of the site
Extensive Agricultural and the front one -third 1/3 Important
Agricultural. Important Agricultural land is attributed to those lands
with "better potential for sustained high agricultural yields because of
soil type, climate, topography, or other factors." Lands designated
Extensive Agricultural, on the other hand, includes lands "that are not
capable of producing sustained, high agricultural yields without the
intensive application of modem farming methods and technologies
due to certain physical constraints such as soil composition, slope,
machine tillability, and climate."
Based on the requested Agriculture (A -5a) designation, the project
would be consistent with the General Plan LUPAG map, and no
amendment to the map is needed.
2
CONSOLIDATION RESUBDIVISION
OF A PORTION OF LOT 99
BEING A PORTION OF GRANT 6857
ACCORDING TO SUBDV. MAP 2032
AT PUUKAPU, SOUTH KOHALA
ISLAND OF HAWAII, HAWAII
TAM: I3rd Di 4 6.4 -17442
DATE OF SURVEY: NOVEMBER, 2010
SUBJECT PROPERTY / - -, 1 o
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Z
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11 A
y/O
I M A M A �� �/ 75.0.,
// / -� THIS Y(ORK WAS PREPARED BY ME OR UNDER NY
SUPERVISION AT THE 6000657 OF
�— // CYNTHIA FOSTER ON DECEMBER 7, 2010.
K�
■
LICENSED \U
REOI57RATION Na 7275 PRO I �
LANG COURT CERT. 243 SURVE70R
JOB NUMMER 110020 7275
6- 9 W4] t, `.I
6-4-47:42 FIGURE
TIM; !Zed DM 11 X2y.0 60 PT
C. County Zoning
The County zoning of the subject property is Agriculture (A -40a).
Properties in the general area have a mixture of zoning categories.
The adjoining property to the east, as noted earlier, was recently
rezoned A -5a. The Hoonani Subdivision east of the A -5a zoned
property is zoned A -1 a and has lots consisting of an average of
10,000 square feet. The adjacent property to the west is zoned A-
40a, while properties across of the Mamalahoa Highway are zoned A-
5a.
If approved, the site would be subdivided in a manner meeting with
both the Zoning and Subdivision Codes. There may be, however, a
potential for the submittal of a variance application during the
subdivision phase to achieve, if necessary, some measure of
infrastructure relief or lot configuration relief without compromising the
basic intent and spirit of the Subdivision Code. Furthermore, all uses
and standards of the Zoning Code, consistent with the requested A -5a
zone, would be adhered to.
D. Relationship to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal Zone Management
(CZM) Area, some discussion of the request's relationship to the CZM
Program follows.
The site is not adjacent to the ocean. It is nearly eight (8) miles to the
nearest shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is remote. As the site was previously cleared
and used for cattle grazing, it would not appear that there are any
archaeological features within the area of the proposed
improvements. Should there be any inadvertent finds during
construction of the subdivision, work will stop until clearances are
received from the appropriate County and State agencies.
The proposed action will involve the construction of improvements in a
rural - residential setting. Accordingly, there is a potential visual impact
to the area's scenic and open space resources. However, the
3
project would involve the construction of a single - family farm dwelling
on each of the respective lots. Further, the scenic sites (Waipio
Valley and Mauna Kea) in this area would not be visually affected.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located nearly eight (8) miles from the nearest
coastline. Notwithstanding the distance, the nature of the project —
residential/ agricultural — and the construction of only two (2) private
wastewater systems are such that potential coastal ecosystem
impacts would usually not be found.
The proposed action will result in creating the potential for small -scale
agricultural farm lots in this area. Although two (2) will be reserved for
the applicant, one (1) will be available for sale. This should still
provide additional opportunities for farming. In so doing, the project
could aid the agricultural economy and the overall economic use of
this site and the area in general.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned A -5a,
and the requested use and design /parameters (parking, height,
setback, etc.) would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Leeward Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will be sent by the applicant to
surrounding property owners of the submittal of the application, and
again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205 -A -23, HRS and Planning Commission Rule No. 9 relating
to Special Management Area.
4
E. Other Permitting Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
Underground Injection Control (UIC) permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject parcel is located on the northern slope of Mauna Kea,
approximately eight (8) miles from the nearest shoreline. The parcel
is gently sloping, with an average slope of about eight (8) percent.
The southern end is fairly level with slopes ranging from two (2) to five
(5) percent. The northern section of the property ranges from two (2)
to ten (10) percent.
It has an elevation that ranges from 2,900 to 3,000 feet above mean
sea level.
The mean annual rainfall in this area is approximately eighty (80)
inches. The wetter months tend to occur between March through
September. The mean annual temperature is about seventy (70)
degrees Fahrenheit to the lower 80's. Because the site is situated on
the somewhat windward side of the island, winds tend to be trade and
variable. Slight northeasterly winds occur during the day, while
westerly or mountain winds are prevalent during the evenings.
The subject parcel essentially resembles a flag lot. Its longest side, at
3,181+ feet, fronts the recently A -5a lot subdivision to the east. Its
width ranges between 149+ feet fronting Mamalahoa Highway to 299+
feet beyond the "pole" of the property. (Figure 3)
There is a single - family dwelling on the property. The balance of the
property has been used intermittently for cattle grazing.
B. Soils and Topography
The topography of the site slopes slightly at about an average grade
of eight (8) percent in a northerly to southerly direction. The southerly
section is relatively flat with a two (2) to five (5) percent slope,
whereas the northerly section goes from two (2) to ten (10) percent.
5
The USDA Soil Survey Report identifies soil on this site as of the
"Maile Silt Loam" (MaA) series. This type of soil is characterized as
well- drained, silt clay loams that formed in volcanic ash. Permeability
is moderately rapid, runoff is slow, and the erosion hazard is slight.
This type of soil is typical of pasture, woodland, and truck crops.
The Land Study Bureau Overall Master Productivity Rating for the
subject area is essentially Class "C" or fair (C -160). This soil type has
a fair productivity potential for agricultural crops. It is described to be
of the Nienie and Maile series with deep, medium textured soil. The
soil color is dark brown, and the parent material is volcanic ash. It is
well drained but moist and is well suited for machine tillability.
The State of Hawaii's Agricultural Lands of Importance to the State of
Hawaii (ALISH) maps classify this site as being "Prime" near the
Highway and "Other Important Agricultural" at the north end of the
property. Under this system, "Prime" refers to lands that have the soil
quality, growing season, and moisture supply needed to produce
sustained high yields of crops economically when treated and
managed according to modern farming methods. "Other Important
Agricultural" refers to lands that have also statewide or local
importance for agricultural use.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency's Flood
Insurance Rate Map (FIRM) designates the area of the
proposed development to be in Zone X (areas outside of 500 -
year flood). Notwithstanding this designation, there have been
occasions where some floodwaters have bisected portions of
the northern end of the property.
As there will be added level of impervious surface resulting
from the new road serving the subdivision, drywells to contain
surface or project generated water may be needed. Aside from
the potential drywell(s), no additional drainage improvements
are being contemplated.
Any existing or potential drainage ways will be designated on
the final subdivision plat maps. Accordingly, any potential
flooding of the site will be addressed during the subdivision
review and approval process.
6
2. Tsunami Hazard
As the site is located about eight (8) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies this
area to be within Lava Flow Hazard Zone 8, on a scale of
ascending risk, 9 to 1. The risk is thus relatively low in this
area. This is compared to the City of Hilo where it has been
classified as Zone 3. There is very little that can be done to
mitigate this situation and reflects an ongoing threat to all
residents and businesses.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, the applicant
understands and accepts that there may be added structural
requirements to address this seismic hazard for any new
improvements.
D. Flora /Fauna
Although there were no professional surveys conducted of the floral or
faunal resources of the site, the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within the
subject site.
The site has already been used extensively for cattle grazing in the
recent past. As such, for the most part, the flora of the site is
dominated by kikuya grass. There are scatterings of ohia trees
throughout the site. .
Although only the ohia tree is native, it — like the others identified
above — are not listed for inclusions on or considered endangered on
either the National or State registers. Thus, floral impacts should be
minimal.
This site is not known to be a habitat for any rare or endangered
animal life. Given its elevation plus the stand of trees north of the
subject site, however, it would be possible to find the Hawaiian Hawk
I'o) and the Hawaiian Owl (Pueo).
7
E. Historic /Cultural /Archaeological Resources
As the site was and continues to be used for cattle grazing, an
archaeological inventory survey of the subject site was not performed.
A letter requesting a determination of "no historic properties affected"
from the Department of Land and Natural Resources has been
submitted.
Notwithstanding the above, during the course of improving the site,
should any unanticipated archaeological features or sites be
uncovered, work will cease and the applicant will immediately notify
the Planning Department.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and /or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
The applicant neither recall seeing any native Hawaiians using the
subject or immediate surrounding area in the recent past for the
gathering of plants nor learning of any information to that effect from
area residents. In the unlikely event that legitimate gathering claims
are made by native Hawaiians, the applicant intends to respect and
honor such claims and provide the needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
G. Water and Coastal Resources
The subject site is located nearly eight (8) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a non -
coastal property, no coastal access will be affected.
8
Wastewater from the project will be serviced with a private sewer
system meeting with the approval and requirements of the State
Department of Health. This will either be a cesspool (if allowed) or in
the alternative, a septic system.
H. Noise, Air Quality, and Dust
The Mamalahoa Highway will serve as the main access to this project.
As this Highway is the major island highway, the ambient traffic level
in this area can be periodically high, especially by commercial trucks.
As such, because this project will generate only two (2) more
agricultural Tots, the corresponding noise level to be generated by this
project should not be significant.
There may, however, be short-term noise impacts associated with the
construction of the on -site infrastructure (such as drainage, water and
road systems) for the proposed subdivision. Contractors will be
required to comply with appropriate noise and related mitigation
measures of the State Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site as well as farm vehicles
operating within the project site. While there will be an impact to the
ambient air quality, the impact should not be significant.
The trade wind patterns in this area should help dissipate any
potential air quality impacts. Further, with higher EPA standards for
automobile air emissions, the air quality impact should thus hopefully
not be significant.
As such, with the exception of construction dust in the beginning, long
term dust generated by the project should be minimal. Construction
dust, however, like construction noise will have to comply with the
State Department of Health's regulations.
Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as being a scenic resource. The subject site is not listed
as a scenic site. However, there were a few examples cited in this
area. Most notable would be the views of Mauna Kea and Waipio
Valley.
9
The proposed development would not have any visual impacts on
Mauna Kea. The standard view is from the Mamalahoa Highway, and
Waipio Valley is not visible from this portion of the Highway.
Furthermore, because the site is located on the north side and Mauna
Kea the south side of the Highway, there would be no visual
obstructions of Mauna Kea.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land uses in this area are a mixture of urban and rural- agriculture.
The urban area (in spite of their A -1 a zoning and State Land Use
Agricultural designation) is primarily the non - conforming subdivisions
of Hoonani, Nani Waimea, and smaller lots along White Road and
Kalaka Street. The rural - agricultural areas are situated generally on
the south side of the Highway with A -5a zoning, as well as two
properties to the west that are zoned A -40a.
While there are some truck crop farms in the A -5a zoned areas, for
the most part, the lands — as with the properties immediately east and
west of the subject property — are generally used for cattle grazing.
The heart of the town of Waimea is located Tess than two (2) miles to
the west. There are scattered commercial and residential uses
between the subject site and the core of Waimea.
Given the existing and zoned conditions, the proposed subdivision
would not be incongruous with the emerging residential - agricultural
pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would enhance the potential for the subject site to be more
intensively utilized as a subsistence farm.
Additionally, there would be some small short -term construction
activity during the development of the infrastructure for the subdivision
as well as the eventual construction of farm dwellings on each of the
site, the economic benefits would also.
10
C. Agricultural Impacts
The requested zoning would have some measure of economic impact,
as it would create additional farm Tots. Although intended for family
members, the proposed subdivision should help enhance the potential
to have more agricultural activity on the site rather than the site's
existing limited agricultural use.
Furthermore, the applicant would like to create areas for small -scale
cottage or gourmet type of food products. These would tentatively
include tea, ohelo berries, and the like. In so doing, these uses would
enhance the potential for the subject site to be more intensively
utilized for small -scale truck crop in addition to some cattle grazing.
As such, with the direct agricultural use plus the added tax revenues,
the project could have some positive influence on the island and
area's economy.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the subject property would be from the Mamalahoa
Highway, a County road with a minimum pavement of twenty (20) feet
with grassed shoulders within a 50 -foot wide right -of -way. Two of the
proposed lots would secure their access via a 25 -foot wide access
over the proposed lot fronting the Highway. This easement would
have a 14 -foot wide pavement or possibly less, if a variance is
secured.
B. Water
Water is available from a 12 -inch line along Mamalahoa Highway
fronting the subject property. To minimize cost, the applicant hopes
to have the water meters placed at the Highway instead of the end of
the proposed private access easement. It should be noted that a
variance may be required to accommodate this alternative.
C. Wastewater
There is no County wastewater system in this area. As such, a septic
tank or cesspool system meeting with the approval of the Department
of Health will be developed. This improvement will be done by the
11
•
applicant and /or respective landowner in conjunction with the
issuance of a building permit for a dwelling.
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested A -5a zoning, the potential for uses
associated with toxic or related chemical waste would be minimal, if at
all. It should be noted that the applicant intends to retain most of the
vegetation on the site and use if for composting for their property.
Thus, waste from this project would be equal to a domestic use.
E. Other Government Services
As this area is already proximate to the Waimea urban area, it is
already being serviced. No significant extension of government
services would be required. The nearest fire and police stations and
hospital are located in Waimea, approximately two (2) miles away.
In this area, a K -8 public school is available in Waimea, while
students between grades 9 to 12 would attend Honoka'a, where there
are also playground and tennis courts.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short -term use of the site would
probably continue in low level cattle grazing activity. The applicant
may eventually construct an additional dwelling on the parcel or elect
to sell the property.
12
Given the site's soil classification "C" characteristics, the provision of
smaller lots could result in greater agricultural utilization of the
property. Leaving the land in its large tract would make the land
suitable only for cattle grazing. Admittedly, while a cattle grazing is an
agricultural activity, large Tots do not provide opportunities for more
intensive agricultural opportunities.
Thus, from a long -term productivity standpoint, the proposed 3 -lot
agricultural subdivision would provide a heightened level of possibility
in having the land used for more intensive agricultural activity, while
addressing the need to have the landowner provide properties to her
families.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not
result in an irreversible commitment of natural or archaeological
resources.
The soil on the parcel has been classified "C" or "fair" by the Land
Study Bureau, representing fair agricultural potential. It is thus
maintained that the creation of the 3 -lot subdivision should foster and
enhance, instead of remove this land from its more intensive future
agricultural potential.
C. Mitigative Measures
To implement this project, the applicant will have to make some
infrastructure improvements. There will also be improvements to the
site once the land is subdivided. As such, during all construction
phases of this project, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should further unanticipated archaeological finds be discovered in
conjunction with the development of the site, work will stop (as is
required by the State and County) and clearance secured before work
is resumed.
There is no platted existing drainage way on the property, although
there is visible evidence of drainage that bisect the northern sector of
the property. In either event, any and all required grading or grubbing
work will be done in conjunction with the required permits and /or SCS
Agricultural Plan. This is to assure that the development of this site
does not adversely affect the drainage of the surrounding areas.
13
Finally, there will be no person or businesses to be dislocated by this
project.
D. Alternatives to the Proposed Project
1. No Project
Under the status quo alternative, the site could continue to
remain in its quasi - fallow state, and used intermittently for
cattle grazing. The site could also be sold to one who may be
interested in farming the site or using it only as a residence.
The former option may not be feasible, given the current price
of properties.
Given the soil's semi - arable characteristics and the demand for
small farm lots, the site would not be utilized to its fullest
agricultural potential. Then, too, leaving the property in its
• current state could pose a fire hazard, during periods of
drought.
As such, in light of the current mixture of land uses and lot
sizes in this area and proximity to urban areas, the site may not
be utilized to its fullest agricultural potential if developed under
the existing A -40a zoning.
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as FA -3a or FA-la. All of these zoning
categories could arguably be consistent from a land use
perspective with the non - conforming smaller residential lots in
this area
Such an approach, however, may not be compatible with the
policy of trying to foster more family - oriented type of
agricultural activities, such as truck crops, in this area.
Furthermore, it may not be consistent with the rural lifestyle of
the area south of the subject site.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures will be taken to address any possible
14
impacts associated by the development of this project. Further,
the project would be consistent with the land use objectives
sought to be accomplished by the County General Plan
LUPAG map. Under the proposal, the land would be used
more intensively for agricultural pursuits.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested A -5a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long -range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the rear or northern portion of the site
Extensive Agricultural and the front one -third 1/3 Important
Agricultural. Important Agricultural land is attributed to those lands
with "better potential for sustained high agricultural yields because of
soil type, climate, topography, or other factors." Lands designated
Extensive Agricultural, on the other hand, includes lands "that are not
capable of producing sustained, high agricultural yields without the
intensive application of modern farming methods and technologies
due to certain physical constraints such as soil composition, slope,
machine tillability, and climate."
Based on the requested A -5a zoning, the project would be consistent
with the General Plan LUPAG designation, and no amendments
would be required.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide limited short -term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer -term opportunities
would be created largely in the form of family- oriented truck farms. In
15
so doing, the resultant project should add revenues to the County and
State coffers.
The project intends to be energy conscious through the use and /or
encouragement of solar energy and design features to take
advantage of the natural elements. Green waste would be used on
site.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from vehicular and farm equipment transmission, air pollution
associated with the project should be negligible. All wastewater
systems would be consistent with the requirement of the State
Department of Health. This should be sufficient to address any
potential groundwater or coastal water impacts.
The applicant will have lot owners practice waste conservation
measures, largely through the retention of green wastes for
composting. The project will also not be a noisy one, except as may
be associated with a typical residence and the agricultural operations.
Any noise - generating facility - such as generators - would be carefully
placed to minimize their noise impacts to adjoining properties.
Further, it is unlikely that this site would be used as a processing
plant, as it would be more economical to send the grown products
elsewhere.
The project area is outside of any officially designated floodway.
Nonetheless, a drainage system will be designed in a manner to
protect the property as well as to minimize the volume of surface
runoff generated by this development. This may be also
accomplished through having an approved SCS agricultural
conservation plan.
As the site has been fully improved in the past, it would not appear to
have any archaeological sites. Nonetheless, work will cease if
unanticipated archaeological remains are discovered while continuing
its farming operations. Work will resume only after proper clearances
from the State and /or County have been received.
Being fully disturbed, the prospects of the site serving as a habitat for
rare or endangered plant or animal life appear remote.
16
As the A -5a zoning would allow a farm dwelling, the project will
indirectly fulfill the objectives of the housing element by creating
additional lots. Even if only the potential for two (2) more lots would
be realized, the project would still provide lots while enhancing the
site's agricultural potential.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project has been used in a
manner where it blends with the existing terrain. Furthermore, the
project should create no adverse visual impacts to Mauna Kea or
Waipio Valley from the Belt Highway.
As the project site is about eight (8) miles from the ocean, the usual
coastal resources concern is absent or not pronounced. There will
be no interference with shoreline access. Then, too, through the use
of a DOH - approved wastewater system, impacts to the coastal water
will be minimized.
There will be little impact to public facilities. The wastewater will be
private. The applicant will construct the water and road systems.
Schools and other public facilities are also located proximate to the
site, most of them being Tess than two (2) miles away in the town of
Waimea.
In terms of the Land Use and Agricultural elements, the pertinent
goals, policies, and standards of the General Plan note the following:
Goals
• Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County.
• Protect and encourage the intensive and extensive utilization of
the County's important agricultural lands.
• Preserve the agricultural character of the island.
• Preserve and enhance opportunities for the expansion of Hawaii's
Agricultural Industry.
• Assist in the development of agriculture.
17
•
• Encourage other compatible economic uses that complement
existing agricultural and pastoral activities.
• Encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and
social environment
• Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public
services and utilities, access, and public need
• The compatibility of agricultural and non - agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural -style residential - agricultural developments, such as new
small -scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• Agricultural land may be used as one form of open space or
green belt.
Finally, the General Plan's Courses of Action for the District of South
Kohala notes the following:
Economic
• The County shall assist the further development of agriculture in
the area
Land Use - Agriculture
• Encourage large landowners to make agricultural lands available
for agriculture.
In view of the foregoing goals, policies, and courses of action, the
requested zoning would not only be consistent with the General Plan
LUPAG map designations of Extensive Agricultural and Important
Agricultural Land designations of the LUPAG map, but its goals,
policies, and objectives.
It would be compatible with the surrounding area. There are
agriculturally zoned properties adjacent and proximate to the subject
site. The project would still maintain the agricultural character of this
general area, albeit in a more intensive manner.
18
The soil of the site is classified "C" or fair. The project will result in the
further development of the site's agricultural resource and its eventual
productive agricultural uses. This project should thus result in the
more intensive agricultural use of the site.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. South Kohala Community Development Plan
Relative to the South Kohala CDP, Section 15.1 of the County
General Plan called for the development and eventual County Council
adoption of Community Development Plans. The General Plan states
that the CDP "will translate the broad General Plan statements to
specific actions as they apply to specific geographical areas." The
General Plan also notes that should the CDP require a General Plan
amendment, it could be considered concurrent with the adoption of
the CDP. However, "lf there is a direct conflict between the
Community Development Plan and the General Plan, the General
Plan shall be controlling."
Pursuant to the above, the South Kohala CDP was developed and
adopted by the County Council during the latter part of the year 2008
as Ordinance No. 2008 159.
Relative to the Waimea Town Plan portion of the CDP, the subject
site is identified on the "Conceptual Plan" of Figure 4.4 as "Small
Farms and Ranches Preservation Program ". The CDP also identified
several land use policies and strategies to implement these policies
for Waimea Town. These and their relationship to the requested
rezoning are discussed below.
Policy 1: Preservation of Waimea's Sense of Place.
• Four (4) of the seven (7) identified strategies definitely do not
apply. These are acquisition of critical open space; protection
of important cultural and historic sites, structures, and
landscapes; expansion of the Lalamilo Farm Lots; and
encourage design and architectural guidelines that promote
Waimea's paniolo heritage.
19
• The other three (3) have some measure of relationship. These
are "protection of the Pu'u "; encouraging small -scale farming
through expanded tax credit; and recognition and protection of
significant trees and other plants in Waimea.
There are no pu'u within the affected area and neither will the
proposed uses compromise the views of any pu'u that lie
beyond or north of the pu'u protection zone identified in the
CDP. The dwellings will be less than thirty (30) feet tall and the
pu'u are situated considerably beyond the northern boundary
of the subject site.
Although the policy relates to tax credit, the focus here was on
its use to encourage small farms. The project will result in the
creation of small farms, and thus, the project will be
implementing this policy.
There are no significant tree lines or plants on the subject
property. The desired tree lines fall in the pu'u protection zone
noted earlier.
Policy 2: "Responsible Growth ": Moderate the Pace of Growth and
Change in Waimea.
• Like the above, Strategies 2.2 (working with Parker Ranch on
its Parker 2020 Plan); 2.3 (revision of the Subdivision Code);
2.4 (amending the General Plan); and 2.5 (secondary
commercial center) do not directly apply to the requested
rezoning.
• Relative to Strategy 2.1 relating to land use decisions that
protect important agricultural lands or culturally, visually
sensitive areas, the requested rezoning would not be contrary
to that strategy. The rezoning would foster greater agricultural
use of a currently agriculturally underutilized property.
Policy 3: Environmental Stewardship.
• There is only one strategy — Protection of Important Agricultural
land. While the subject site falls in this category, the requested
rezoning would NOT remove any actively used agricultural
lands. The subject area is used intermittently for cattle grazing
and given its soil classification, has greater agricultural
potential. Thus, the requested rezoning, by making more small
20
•
farm lots available — as desired in the CDP — would enhance
rather than detract from this policy.
Policy 4: Develop Affordable Housing For Waimea.
This policy is not directly applicable, although the provision of
the two (2) additional lots would enable the construction of a
single family dwelling on each. .
Policy 5. Timely Implementation of Needed Transportation and
Circulation Improvements.
This policy is also not applicable. Of the eight (8) identified
strategies, four (4) talk about trails and bikeways. None of
these fall within the subject property. The remaining four (4)
discuss traffic improvements within the Town and connector
roads, and the subject site is not affected by any of those
roads.
D. Zoning and Subdivision
The designated zoning of the site is A -40. Should the A -5a zoning be
approved and the lapd subdivided, it will result in the creation of only
two (2) more lots. However, the smaller sized lots will make more
housing and small - scaled agricultural opportunities available.
If approved, the requirements of the zoning and subdivision codes
would be complied, including use and related development standards.
Please note, however, that depending on the specific comments
and /or requirements for road access and water, the applicant may
apply for a variance or relief from those requirements.
21
45"1:7: N'
COUNTY OF HAWAII •
• '/'• STATE OF HAWAII •
T DF . M / ' s
BILL NO. 162
Draft 3
ORDINANCE NO. 05 169
AN ORDINANCE AMENDING SECTION 25 -8 -11 (LALAMILO- PUUKAPUZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A -40a) TO AGRICULTURAL (A- 5a) .AT WAIMEA, SOUTH KOHALA,
HAWAII, COVERED. BY TAX MAP KEY 6- 4- 17:40.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF
SECTION 1: Section 25 -8 -11; Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the fol1oWing area situated at Waimea, South Kohala,
Hawai`i, shall be Agricultural (A -5a):
Beginning at the southeast corner of this parcel of land, being the south corner of
Lot 1, of the Hoonani Subdivision, Increment "A " (File Plan 13 and on. the northerly
side of Mamalahoa Highway:the coordinates of said point of beginning referred to
Government Survey Triangulation Station "EAST BASE" being 6,182.00 feet North and
202.20 feet West, thence running by azimuths measured clockwise from True South:
1. 76° 58' 600.06 feet along Mamalahoa Highway;
2. 166° 10' 3,181.12 feet along a portion of Lot 99, Grant 6857 to
J. Chesebro;
3. 256° 10' 600.00 feet along Puukapu Pasture Lots — Section 2;
4. 346° 10' 3,189.50 feet along Hoonani Subdivision, Increment
"B" (File Plan 13 84) and Hoonani
Subdivision, Increment "A" (File Plan 1380)
to the point of beginning and containing an
area of 43.88 Acres, more or less.
•
s o
APPENDIX A
-1-
•
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, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) 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.
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordanc e. with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
C. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
D. All driveway connections to Mamalahoa Highway shall conform to Chapter 22,
Streets, of the Hawaii County Code. No more than two lots can front Mamalahoa
Highway and take direct access from the highway. Such access shall be from a
single access point meeting with the approval of the Department of Public Works,
except that the driveway to the existing home may remain as a second access until
the home is no longer used.
. -2- E
E. The applicant(s) shall provide a 15 -foot wide future road widening setback along
the entire property frontage of Mamalahoa Highway.
F. The applicant(s) shall provide a 50 -foot wide roadway easement for the possible
extension of Hauhoa Street to the western boundary of the property, meeting with
the approval of the Department of Public Works.
G. Restrictive covenants in the deeds of all the proposed lots 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 owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State of
Hawaii Bureau of Conveyances shall be submitted to the Planning 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.
H. Prior to submittal of a subdivision application for the subject property, the
applicant shall, upon consultation with surrounding property owners and other
concerned public agencies, prepare and submit a drainage plan relating to the
proposed subdivision for review and approval of the Department of Public Works.
The approved drainage plan shall reflect all development generated runoff to be
retained or disposed of on -site and shall not alter any existing water courses that
may be entering or exiting the subject property, or be directed toward any
adjacent properties. Furthermore, the approved drainage plan shall be
implemented prior to or in conjunction with the issuance of final subdivision
approval.
I. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
- State Historic Preservation Division (DLNR -HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
K. Comply with all applicable County, State and Federal Laws, rules, regulations and
requirements.
L. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
-4-
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO • " CIL ME ' I • COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: November 2' 005
Date of lst Reading: November 22, 2005
Date of 2nd Reading: December 21, 2005
Effective Date: December 27, 2005
Coma 493.5
•
-5-
FOREST RESERVE
FORESTRESERVE.
FOREST RESERVE - '-
N
- -- -CU TL URkL A a40) TO I w \.,/ tj
AGRICULTURAL (A•5a) . A -40a \ �` , P A -40a
43.88 ACRES \ \ 1 •
i A -40a
A - 40a \ I S
�s � N I `-
- S� A -40a A-40a } I 1 �e Ville A -1a 1 \ :l 1 _
L ■. . ..-- 4 A 04;:a..,-144. _ • ,.- =
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h_
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4 tat 4-1--g L9 - in
tilt? 44 WI iii
Attr$ deNtivil NiNqa II. =- gill Op,
V* i'IPLIW;S 0 i , ,44,47A4V 1 =_-_-_- :Ira
M AP g A a r pSIi1 1 1 : Q Q
SI
� l! A40a f m J �..'
la h a nala�o l i.. n-
14-5a A 40a ' . A 40a j it
, ZOON —�
202 20 W - -
I "E. ST BASE ".: -o
L ;-- -
- - A -3a
A 5a A -5a A -40a
ill j ,4-40a -
1,100 550 0 1.100 2.200 3,300 4,400 5,500
Meet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -11 (LALAMILO- PUUKAPU ZONEMAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A -40a)
TO AGRICULTURAL (A -5a)
AT WAIMEA, SOUTH KOHALA, HAWAII
. PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
fMK: 6- 4- 017:040 Date: September 16. 2005
EXH113' I "A" ) ! (Yoshio Inaba, ET. AL:11 64)
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Introduced By: James Y . Arakaki ROLL CALL VOTE
Date Introduced: November 22 , 2 0 05 ... ,_ _ .. _ AYES . NOES ABS EX
First Reading: November 22, 2005 Arakaki X
Published: N/A Higa X
Hoffmann X
REMARKS: Holschuh X
December 7, 2005 - Amended to Ikeda X
Draft 3 and postponed (pending Isbell X
Public Hearing to be held on Jacobson X
December 19, 2005) Pilago X
Safarik X
6 3 0 0
Second Reading: December 21, 2005
To Mayor: December 21, 2005. ROLL CALL VOTE
Returned: December 28, 2005 AYES NOES ABS EX
Effective: December 27, 2005 Arakaki X
Published: January 5, 2006 Higa X
Hoffmann X
REMARKS: Holschuh X .
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
6 3 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO A�j Alef
FORM AND LEGALITY:
(1-'1 COUNCIL CHAIRMAN
DEPUTY CORPORATION C01.61,SEL 1
COUNTY/OF HAWAII
COUNTY CLERK
Date
Bill No.:
162 (Draft 3)
Reference:
C- 493.5/PC -41
7, Disapproved this day
Ord No.:
OS 159
of �� C�fmo%.r , 20 0 S
A 'OR 7 Y FHA I 'I
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: March 2, 2011
Memorandum
TO : Bobby Jean Leithead -Todd, Planning Director
Planning Department
FROM: Ben Ishii, Division Chief
Engineering Division
SUBJECT : Change of Zone Application (11- 000136)
Applicant: Cynthia Foster
Location: Puukapu, South Kohala
TMK: 3 / 6 -4- 017:042
We reviewed the subject application and our comments are as follows:
DRAINAGE
1. All development generated runoff shall be disposed of on -site and shall not be
directed toward any adjacent properties. If required by DPW, a drainage study
shall be prepared, and the recommended drainage system shall be constructed
meeting with the approval of DPW.
2. The applicant shall be informed that if they include drywells in the subject
development, an Underground Injection Control (UIC) permit may be required from
the Department of Health, State of Hawaii.
EARTHWORK
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. 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.
CA NNIE
j
Planning Dept.
Exhibit 2.
1
DPW Memo to PD REZ -11- 000136
March 2, 2011
p.2of2
ROADWAYS
1. Direct vehicular access to individual Tots shall not be from Mamalahoa Highway.
2. Mamalahoa Highway, fronting the subject property, is a County road. It has an
approximate 20 -ft. wide pavement with grass shoulders all within an approximate
50 -ft. right -of -way. Mamalahoa Highway, shall be improved to an 80 -ft. right -of -way
according to the County's General Plan.
As a condition of final subdivision approval, the applicant shall provide a 15 -foot
wide future road widening setback along the entire subject property frontage of
Mamalahoa Highway.
3. The applicant should allow for the future extension of Hauhoa Street by creation of
roadway easement as was required in Ord. 05 -169 for rezoning of the adjoining
property to the east.
Utility Poles shall be placed at the property line, providing the necessary overhead
conductor easement outside of the right -of -way.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327 - 3530.
KE
copy: ENG -HILO /KONA
��pF WATERS
�� G o <
$ o . .N
• • •
0 09 49
L •
, P DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
?T'O P•kk' 3 4 5 KEKOANAO`A STREET, SUITE 20 • HILO, HAWAII 96720n 21 011
TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 Mr`
RECEIVED
QF
March 16, 2011 CAlH ROA1!
Stft
TO: Ms. BJ Leithead -Todd, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager -Chief Engineer
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000136)
APPLICANT — CYNTHIA FOSTER
REQUEST: A -40A TO A -5A
TAX MAP KEY 6 -4- 017:042
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 6 -inch waterline along Mamalahoa Highway, fronting the subject
property. The subject parcel currently served by a 5/8 -inch meter, which is limited to an average of 400 gallons
per day and suitable for only one single - family dwelling.
Pursuant to Rule 5 of the Department's Rules and Regulations, the Department requests that the applicant remit
a water commitment deposit of $150.00 for the proposed additional lot as soon as possible so that a water
commitment may be formally effected. The commitment will be in writing with specific dates and conditions
stated.
Final subdivision approval will be subject to compliance with the following requirements:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume under peak -flow and
fire -flow conditions; minimum diameter of mains shall be 6 inches,
b. installation of a service lateral that will accommodate a 5/8 -inch meter for each additional lot,
c. subject to other agencies' requirements to construct improvements within the road right -of -way
fronting the property affected by the proposed development, the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system facilities, should
they be necessary, and
Submit service lateral installation plans prepared by a professional engineer or licensed surveyor,
registered in the State of Hawai`i, for review and approval.
PlanninQ Dept.
Exhibit 4
,
1 a' Q2%.;
.. Mater, Our Most Precious Resource ... Ka Wai A Kane , i . K. -
The Department of Water Supply is an Eoual Opportunity provider and emnlover.
Ms. BJ Leithead -Todd, Planning Director
Page 2
March 16, 2011
2. Remit the facilities charge balance, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
One (1) existing service to parcel (paid)
Two (2) additional units at $5,500.00 /unit $11,000.00
FC Balance $11,000.00
This is due and payable upon completion of the installation of the required water system improvements
and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities charge
requirement for the development. Note that the amount of water commitment deposit may exceed the
prevailing facilities charge amount; for example, when requests for time extensions continue and are
approved. Until the development is finally completed, these are separate and unrelated items. In the
event that water commitment deposits exceed the facilities charge, no refunds are applicable.
3. Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Board of the County of Hawai`i prior to final
subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and
bounds description within the conveyance documents. However, prior to water meter services being
granted to the development or any lots within, the conveyance documents shall be accepted by the
Water Board.
Please note that our Rules and Regulations require that the service laterals installed for any development must
front each lot within the development. The current subdivision configuration shows a proposed access and
utility easement into the subdivision, service laterals fronting the easement only (not each lot) does not comply
with our requirements.
Lastly, through copy of this letter, the applicant will be informed that the owner of proposed Lot 99 -C will be
required to execute an Elevation Agreement with the Department as a portion of that lot is not within the
Department's existing pressure zone.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961 -8070, extension 256.
Sip -rely 4 ours,
l Mil . n . Pavao, P.E.
M. ag- -Chief Engineer
RQ:dld
copy — Cynthia Foster
Sidney Fuke
.. �. ;•' Frank J. DeMarco, P.E.
William P. Kenoi O .�� �;• ,/.
Mayor - - -r"it'i' ; Director
William T. Takaba , :4 * a os - 'Hunter Bishop
Managing Director Deputy Director
Ciu ut r of Ra rai`i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961 -8083 • Fax (808) 961 -8086
http: / /co.hawaii.hi.us /directory /dir envmng.htm
MEMORANDUM
Date : February 22, 2011
To : BJ LEITHEAD TODD, Planning Director
From: FRANK J. DE MARCO, P.E., Director
Subject: Change of Zone Application (REZ 11- 000136)
Applicant: Cynthia Foster
Request: A -40a to A -5a
TMK: 6 -4- 017:042
The Wastewater Division has reviewed the subject application and offers the following recommendations
(please note Solid Waste Division comments will be submitted separately):
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
( X) No comments
( ) Require connection of existing and /or proposed structures to the public sewer in accordance with
Section 21 -5 of the Hawai'i County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the
Hawai'i County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23 -85 of the Hawai'i County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in
accordance with the then applicable wastewater system design standards prior to approval to
connect to the County sewer system. Applicant shall provide such sewer line or other facility
improvements as the Director of DEM may reasonably require, which the sewer study may indicate
are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief
for details.
( ) Other:
SCANNED - t
Planning Dept. lAa l
Exhibit, 1 4
County of Hawai`i is an Equal Opportunity Provider and Employer. r� a
' �`�.' �:`%� • Frank J. DeMarco, P.E.
- 0 41: 1 M ..
William P. Kenoi : + • .
Mayor = -
- *Art -
William T. Takaba > r'oi Ni+' Hunter Bishop
Managing Director Deputy Director
&Mit
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo, Hawaii 96720
(808) 961 -8083 Fax (808) 961 -8086
http: / /co.hawaii.hi.us /directory /dir envmng.htm
MEMORANDUM
Date : February 16, 2011
To : BJ LEITHEAD TODD, Planning Director
From: FRANK J. DE MARCO, P.E., Director
Subject: Change of Zone Application (REZ 11- 000136)
Applicant: Cynthia Foster
Request: A -40a to A -5a
TMK: 6- 4- 017:042
The Solid Waste Division has reviewed the subject application and offers the following recommendations
(Please note Wastewater Division's comments will submitted separately):
DEPARTMENT COMMENTS:
( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate
plans for sewering of the area.
( ) Other
SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.)
( ) No comments
(X) 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.
( X ) Ample and equal room should be provided for rubbish and recycling.
(k) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations, or other suitable diversion programs.
(k) 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 update to the department on
current status.
( ) Other:
County of Hawaii is an Equal Opportunity Provider and Employer,
, t 0 s H4h-
William P. Kenos c "'' Harry S. Kubojiri •
Mayor ,.��� Police Chief
; ;F . Paul K. Ferreira
Deputy Police Chief
County of Hawai`i
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo, Hawai`i 96720 -3998
(808) 935 -3311 • Fax (808) 961 -2389
March 2, 2011
TO • BJ LEIT EAD TODD, LANNING DIRECTOR
FROM : HL Y . TAVARE ., ASSISTANT CHIEF, AREA II OPERATIONS
SUBJECT: CHANGE OF ZONE PLICATION (REZ 11- 000136)
APPLICANT: CYNTHIA FOSTER
REQUEST: A -40a to A -5a
TAX MAP KEY: 6 -4- 017:042
The above - referenced application has been reviewed, and we have no
recommendations or comments to offer at this time.
Should there be any questions, please contact Captain James Sanborn,
Commander of the South Kohala District, at 887 -3080.
JNS:dmv
RS110133
€ SCANNED
Planning Dept. ,
Exhibit _By: - _ -
"Hawai`i County is an Equal Opportunity Provider and Employer"
William P. Kenoi
Darryl J. Oliveira
Mayor
:saw.... ! Fire Chief
n ..
►_, Glen P. I. Honda
2
!!!1 IT! C N ►+'
�� .... Deputy Fire Chief
ountp of TPa uat
Qt t
HAWAI'I FIRE DEPARTMENT
25 Aupuni Street • Suite 2501 • Hilo, Hawaii 96720
(808) 932 -2900 • Fax (808) 932 -2928
March 1, 2011
TO: BJ LEITHEAD TODD, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11- 000136)
APPLICANT: CYNTHIA FOSTER
REQUEST: A -40a to A -5a
TAX MAP KEY: 6- 4- 017:042
In regards to the above - mentioned change of zone application, we offer the following
response:
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and
maintained in accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every
building hereafter constructed when any portion of an exterior wall of the first story is
located more than 150 feet from fire department vehicle access as measured by an
unobstructed route around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an
approved automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, Planning De pi
waterways, nonnegotiable grades or other similar conditions, the chief may require Exhibit,
additional fire protection as specified in Section 10.301 (b).
NT
MA
Hawai'i County is an Equal Opportunity Provider and Employer.
BJ Leithead Todd
March 1, 2011
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.
BJ Leithead Todd
March 1, 2011
Page 3
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief." (15 %)
"(k) Obstruction. The required width of any fire apparatus access road shall not
be obstructed in any manner, including parking of vehicles. Minimum required widths
and clearances established under this section shall be maintained at all times.
"(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."
I
DA'" 0 • RA
Fire Chief
RP:lpc
NEIL ABERCROMBIE = - L _TT A J. FUDDY , A.C.S.W., M.P.H.
GOVERNOR Acting Director of Health
Ir r' 2 P..� ,958 a .ty:
SS 0 i .
• ^ !!
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721 -0916
MEMORANDUM
DATE: February 25, 2011
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 11- 000136)
Applicant: Cynthia Foster 1
Request: A -40a to A -5a
Tax Map Key: 6 -4- 017:042
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on February 15, 2011. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at (808) 438 -9258 for this
project. Pursuant to Federal Water Pollution Control Act (commonly known as
the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water
Quality Certification (WQC) is required for "[a]ny applicant for Federal license or
permit to conduct any activity including, but not limited to, the construction or
operation of facilities, which may result in any discharge into the navigable
waters... ". The term "discharge" is defined in CWA, Subsections 502(16),
502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and
Hawaii Administrative Rules (HAR), Chapter 11 -54.
2. In accordance with HAR, Sections 11 -55 -04 and 11 -55- 34.05, the Director of
Health may require the submittal of an individual permit application or a Notice
of Intent (NOI) for general permit coverage authorized under the National
Pollutant Discharge Elimination System (NPDES).
a. An application for an NPDES individual permit is to be submitted at least
180 days before the commencement of the respective activities. The
NPDES application forms may also be picked up at our office or
downloaded from our website at:
Planning pitpt. SCANNED
Exhibit, mie e VS6
13 6 Leithead Todd
February 25, 2011 -
Page 2 of 3
http: / /www.h awaii.gov/health/environmental/ water /cleanwater /forms /in di
v- index.html.
b. An NOI to be covered by an NPDES general permit is to be submitted at
least 30 days before the commencement of the respective activity. A
separate NOI is needed for coverage under each NPDES general permit.
The NOI forms may be picked up at our office or downloaded from our
website at:
http: / /www.hawaii.gov/health / environmental /water /cleanwater /forms /genl
- index.html.
i. Storm water associated with industrial activities, as defined in Title
40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11 -55,
Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, that result in the disturbance of equal to or greater than
one (1) acre of total land area. The total land area includes a
contiguous area where multiple separat and distinct construction
activities may be taking place at different times on different
schedules under a larger common plan of development or sale. An
NPDES permit is required before the commencement of the
construction activities. [HAR, Chapter 11 -55, Appendix C]
iii. Discharges of treated effluent from leaking underground storage
tank remedial activities. [HAR, Chapter 11 -55, Appendix D]
iv. Discharges of once through cooling water less than one (1) million
gallons per day. [HAR, Chapter 11 -55, Appendix E]
v. Discharges of hydrotesting water. [HAR, Chapter 11 -55,
Appendix F]
vi. Discharges of construction dewatering effluent. [HAR, Chapter
11 -55, Appendix G]
vii. Discharges of treated effluent from petroleum bulk stations and
terminals. [HAR, Chapter 11 -55, Appendix H]
viii. Discharges of treated effluent from well drilling activities. [HAR,
Chapter 11 -55, Appendix I]
ix. Discharges of treated effluent from recycled water distribution
systems. [HAR, Chapter 11 -55, Appendix J]
x. Discharges of storm water from a small municipal separate storm
sewer system. [HAR, Chapter 11 -55, Appendix K]
B3 Leithead Todd
February 25, 2011 -
Page 3 of 3
xi. Discharges of circulation water from decorative ponds or tanks.
[HAR, Chapter 11 -55, Appendix L]
3. In accordance with HAR, Section 11- 55 -38, the applicant for an NPDES permit is
required to either submit a copy of the new NOI or NPDES permit application to
the State Department of Land and Natural Resources, State Historic Preservation
Division (SHPD), or demonstrate to the satisfaction of the DOH that the project,
activity, or site covered by the NOI or application has been or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11 -54.
Hawaii Revised Statutes, Subsection 342D -50(a) requires that "[n]o person, including any public
body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant
to enter state waters except in compliance with this chapter, rules adopted pursuant to this
chapter, or a permit or variance issued by the director."
If you have any questions, please contact Ms. Joanna Seto, Supervisot of the Engineering
Section, CWB, at (808) 586 -4309.
We recommend that you review all of the Standard Comments on our website:
htt • : / /hawaii. _ ov /health /environmental/ env- .lannin /l.anduse /landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD:REZ 11- 000136.my
SidneyFuke, Plal,..,ig Consultant
Ammaik 7 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720, s ` F" • Planning •Variance • Zoning
Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 Subdivision •Land Use Permits
E -mail: sidfuke@hawaiiantel.net • Environmental Reports
I at. F>
February 10, 2011
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning Application — Cynthia Foster
Puukapu Homesteads 2 " Series
South Kohala, Hawai i, TMK: 6 -4 -017: 042
This is to follow up on my discussion with Ms. Maija Cottle of your staff regarding
the subject matter.
As discussed, the applicant understands that the applicant's proposed 25 -foot wide
right -of -way access easement and 14 -foot wide pavement may not comport to the
Subdivision Code. While the Code may call for a 50 -foot wide road with a 20 -foot wide
pavement, such a requirement may be excessive to service only two (2) lots as well as not be
visually in keeping with the rural ambiance of this area. As such, should the rezoning
request be approved, the applicant may seek a variance or relief from this requirement during
the subdivision application process. Should such a request be filed and it be denied, the
applicant would abide by the standards.
We trust that this answers your staff question and enables you to accept and process
this application. If not or if there are questions relating to this matter, please feel free to
direct them to me. Thank you very much.
Sincerely,
rx\
SIDNEY M. FUKE
Planning Consultant
Planning apt.
Copy — Ms. Cynthia Foster via email
Exhibit.
r ! 1 1 2011
SidneyFuke, Planning Consultant
Avii71111.1 100 Pauahi Street, Suite 212 •Hilo Hawaii 96720 • r- • Planning • Variance • Zoning
Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 Subdivision •Land Use Permits
E -mail: sidfuke@hawaiiantel.net •Environmental Reports
March 23, 2011
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning Application — Cynthia Foster
TMK: 6 -4 -017: 042 (REZ 11- 000136)
Thank you for providing me with agency comments to date regarding the subject
application. In response to those comments, please note the following:
a. Department of Water Supply: The Department noted that water can be made
available subject to certain improvements and fee requirements. Please be
informed that the applicant is prepared to comply with these requirements in
conjunction with the subdivision approval process. In the case of the water
commitment fee, that can be done subsequent to action on this application.
b. Police Department and Fire Department: Neither Department had concerns or
comments on the application. Relative to the Fire Department's requirements,
however, they can and will be complied with in conjunction with the subdivision
process, particularly in terms of the fire flow and other related requirements.
c. Department of Public Works: The applicant understands and accepts that County
policy requires all drainage /water generated by the project must be contained on
site. The drainage requirement, including possibly a drainage report, will be
done in conjunction with the subdivision process. Drywells, if necessary, will be
constructed to address drainage issues.
The applicant is aware of the grading/grubbing permitting requirements and will
adhere to them at various stages of developing this property, particularly during
the subdivision process.
As proposed, there would be only one access from Mamalahoa Highway serving
all three lots. The provision of future road widening setback for the proposed lot
fronting Mamalahoa Highway can be done. Finally, a future road that would
result in the possible extension of Hauhoa Street could be designated. However,
its designation as an easement may not be prudent at this time, as there may be a
question as to who the easement would be granted to. SCANNED
E '
0" .2314,3
Ms. BJ Leithead Todd
March 23, 2011
Page 2
d. Department of Environmental Management: The applicant does not anticipate
the project generating significant amount of green waste. In any event, the
applicant intends to retain most if not all of any green waste on site rather than
disposing it at an approved County landfill. Given the nature of this proposed
action (3 -lot subdivision) for residential /agricultural purposes, the applicant does
not believe that a formal waste management plan is warranted.
e. State Department of Health: The Department's requirements, if applicable,
relative to National Pollutant Discharge Elimination System (NPDES) will be
complied with prior to construction of activities requiring discharge into the
ground, such as a drywell. Furthermore, all noise and air quality requirements
will be adhered to by the contractor during the construction phases of this
project.
We trust that this adequately responds to the agencies' comments. If there are
questions or additional agency or public comments relating to this matter, please feel free to
direct them to me. Thank you very much.
i rerely,
SIDNEY M. F KE
Planning Consultant
Copy — Ms. Cynthia Foster w/ enclosures via email
. t
RFoster- REZ- 11- 136 .jwd 05 -04 -11
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
CYNTHIA FOSTER
CHANGE OF ZONE APPLICATION NO. 11- 000136 (REZ 11 -136)
Upon careful review of the request against the guidelines for granting a Change of Zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) for approximately
17.88 acres be forwarded to the County Council. Since this recommendation is made without
the benefit of public testimony, the Director reserves the right to modify and /or alter this
position. This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from Agricultural 40-acre (A -40a)
to Agricultural 5 -acre (A -5a). The applicant intends to subdivide the property into three
(3) lots. The applicant plans to retain two (2) lots for her and her family and sell the
remaining lot to help pay for the infrastructure and related costs of the proposed
subdivision.
Subdivision improvements are estimated to cost approximately $300,000, which
is mainly for the water system and roadway improvements serving the proposed lots.
The applicant hopes to have the land subdivided before the end of 2011.
The property is approximately 17.88 acres in size located near the 54 -mile marker
on the Mamalahoa Highway in Waimea. The southern portion of the site is fairly flat,
with slopes ranging from two to five percent. The northern portion of the property has
slopes from two (2) to ten (10) percent. Elevation ranges from 2,900 to 3,000 feet. There
is an existing single family dwelling on the property that is located near the highway.
Surrounding properties are zoned Agricultural 40-acre (A -40a) to the north, west
and southeast across Mamalahoa Highway. The adjacent property to the east and
properties to the south across Mamalahoa Highway are zoned Agricultural 5 -acre (A -5a).
The Hoonani Subdivision, consisting of 10,000- square foot residential lots, is located
approximately 600 feet to the east and zoned Agricultural 1 -acre (A -la).
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In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural 40 -acre (A -40a) to
Agricultural 5 -acre (A -5a) conforms to, among others, the goals, policies and
standards of the General Plan Economic and Land Use Elements. 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
Agriculture and Important Agricultural Land. Extensive Agriculture are those lands not
classified as Important Agricultural Land, and includes lands that are not capable of
producing sustained, high agricultural yields without the intensive application of modern
farming methods and technologies due to certain physical constraints such as soil
composition, slope, machine tillability and climate. Other less intensive agricultural uses
such as grazing and pasture may be included in the Extensive Agricultural category.
Important Agricultural Land(s) are those with better potential for sustained high
agricultural yields because of soil type, climate, topography, or other factors.
The proposed Change of Zone will conform to, among others, the goals, policies
and standards of the Land Use and Economic General Plan Elements:
Land Use
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
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• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
Economic
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
• Economic development and improvement shall be in balance with the physical,
social and cultural environments of the island of Hawai`i.
• Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
The major concern in allowing a rezoning of agricultural land that creates smaller
lot sizes is that this will reduce the potential use of the land for commercial agriculture by
fragmenting the land into areas too small to be farmed on a commercial scale. While a
few crops can be intensively cultivated 011 very small acreages, usually these crops have a
very limited market. Reducing the size of the lots can reduce the range of potential
agricultural uses and the range of market opportunities for those crops. At the same time,
a strong demand exists in the real estate market for lots in agricultural areas by
purchasers who are interested in large -lot residential homesites or for speculation. The
desire for these "gentleman's estates" tends to drive up the price of agricultural land
making it less affordable for commercial farmers.
Most agricultural rezonings in Hawaii County in the last twenty years have
resulted in subdivisions where the primary use is residential, not agricultural. For the
most part, these rezonings did not occur on prime agricultural land or on what is now
termed "Important Agricultural Land" in the General Plan. The predominant zoning of
agricultural lands along the Hamakua coast, extending to Waimea, is A -40a. There will
be considerable interest by landowners to rezone and reduce the minimum lot sizes
because the biggest value is the ability to build a home. The per -acre price is therefore
higher if the property can be sold in smaller lots. This desire to create smaller lots must
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be handled very carefully because of the possible carving up of the land into
uneconomical units, and the increasing per -acre price.
The General Plan contains a policy for the protection of lands classified as
Important Agricultural Lands in Section 14.2.3(s): "Important agricultural lands shall not
be rezoned to parcel sizes too small to support economically viable farming units." This
policy applies to roughly the lower one -third of this property, where the applicant is
proposing to create one new lot after the rezoning. Five acres is the minimum at which a
range of crops can be grown on a commercial scale, and is sub - optimal for many crops.
While the rezoning application does not violate this policy, it is at the minimum that
could be consistent with the policy.
A number of factors tip the balance for this favorable recommendation. The
applicant wants to subdivide the property for her and her family. The area has not
historically been cultivated in crops, unlike the former cane lands and the vegetable
growing areas of Waimea. Additionally, the property can be supplied with water and
road access without significant infrastructure costs, which will be covered by the sale of
one of the lots created. It is a limited rezoning that does not greatly change the overall
land use pattern of the area as there are similar zoned areas to the east and south of the
property.
The Change of Zone request from Agricultural 40-acre (A -40a) to
Agricultural 5 -acre (A -5a) is consistent with the applicable goals, policies and
standards of the South Kohala Community Development Plan. The South Kohala
Community Development Plan (SKCDP) was adopted by Ordinance No. 08 159 on
December 1, 2008. The project site is identified within an area identified in the plan for
the "Small Farms and Ranches Preservation Program" in the SKCDP (Figure 4.4 -
Waimea Town Conceptual Plan).
There are five (5) overall Policies for Land Use in Waimea Town. These policies
are to be used as a long range plan (20+ years) for the future of Waimea. The key
element of the Waimea Town Plan is the "Responsible Growth" policy intended to
preserve Waimea's sense of place.
Waimea Policy No. 2 is "Responsible Growth ", which is to be an overarching
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land use policy for Waimea. Adequate infrastructure, including roads, water supply,
electrical power, drainage structures, schools, and parks, shall be provided by public
and /or private entities before any large -scale new residential or commercial projects can
be considered for approval by the County.
There are several strategies to achieve the Responsible Growth policy for
Waimea. Strategy 2.1 states "The County should carefully evaluate and condition, as
appropriate, any rezoning that would negatively impact important agricultural lands or
culturally, visually and environmentally important open spaces or resources in Waimea."
Time will be needed to implement a number of important open space preservation
tools and programs, including acquisition of fee interest or conservation easements for
important pu'u and some of the East Waimea farm and ranch lots. While these tools and
programs are being put into place, private lands that are currently zoned A -5a, A -10a, A-
20a, or A -40a should retain their current zoning. Exceptions can be made for affordable
housing, agricultural cluster subdivisions, and small -scale rezonings of 4 lots or less that
may assist families in allowing their children to obtain individual properties. Given the
fact that this rezoning is less than 4 lots and is to assist in allowing the applicant's family
to obtain an individual property, the proposed request is consistent with the South Kohala
Community Development Plan.
The proposed request will result in a more appropriate land use pattern that
will further the public necessity and convenience and the general welfare. When
considering an amendment initiated by a property owner or other person who proposes to
change the district classification of any property, the director shall also consider the
purposes of the existing and proposed district and the purposes of the Zoning Code and
shall recommend a change in a district boundary only where it would result in a more
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
In considering the purpose of the existing and the proposed district classification,
the request does not changing the district classification of the property, which remains
Agriculture, but seeks to change the minimum lot size from 40 acres (A -40a) to 5 acres
(A -5a). If approved, the approximately 17 -acre property will be able to be subdivided
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into 3 lots approximately 5 acres each in size. The zoned district classification will
remain Agriculture and the purposes of the existing district classification will remain the
same.
For the purpose of promoting health, safety, morals, or the general welfare of the
County, the Zoning Code regulates and restricts the height, size of buildings, and other
structures, the percentage of a building site that may be occupied, off - street parking,
setbacks, size of yards, courts, and other open spaces, the density of population, and the
location and use of buildings, structures, and land for trade, industry, residence, or other
purposes. In considering the purposes of the Zoning Code in relation to the proposed
request, the approval of the request will result in a higher density. If approved, the
applicant could build additional dwellings on each newly created lot, resulting in an
increase in the overall unit density within the project site. The Planning Director
supports this rezoning request, but only on the condition of allowing one dwelling on
each lot. Therefore, a condition of approval will be included in the Change of Zone
ordinance to prohibit a second dwelling unit and/or a condominium property regime on
each subdivided lot.
In considering the request in relation to the surrounding zoning, the request will
result in an appropriate land use pattern. The property borders a larger property to the
east and is near properties to the south across Mamalahoa Highway that are similarly
zoned A -5a, which allows for the same density as the proposed request.
Based on the above information, the proposed request will result in a more
appropriate land use pattern that will further the public necessity and convenience, and
the general welfare of the County.
The proposed request will not burden public agencies to provide utilities and
services to the subject property. Access to the lots is proposed to be from Mamalahoa
Highway, a County road with an approximate 20 -foot wide pavement with grass
shoulders all within an approximately 50 -foot right -of -way. According to the applicant,
two (2) of the proposed lots would secure their access via a 25 -foot wide access easement
over the proposed lot fronting the Highway. This easement would have a 14 -foot wide
pavement or possibly less, if a variance is secured. The applicant understands that the
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Subdivision Code may calls for a 50 -foot wide road with a 20 -foot wide pavement but
states that such a requirement may be excessive to service only two (2) lots, as well as
may not be visually in keeping with the rural ambiance of the area. As such, the
applicant may seek a variance or relief from this requirement during the subdivision
process. The applicant also understands that if such a request is denied, they would abide
by the Subdivision standards.
According to the General Plan, Mamalahoa Highway shall be improved to an 80-
foot right -of -way. A condition of approval will be added requiring the applicant to
provide a 15 -foot wide future road widening setback along the entire subject property
frontage of Mamalahoa Highway. Additionally, a condition of approval will be added
requiring the applicant to create a 50 -foot road and utility easement to the property
boundary to the west (TMK:6- 4- 17:43) to allow for the future extension of Hauhoa
Street, which is similar to what was required under Ordinance 05 -169 for the rezoning of
the adjoining property to the east. This will allow the option of creating road
connectivity with the established subdivision road to the east (Hauhoa Street) and to
minimize the amount of accesses created along Mamalahoa Highway.
According to the Department of Water Supply, water can be made available from
an existing 6 -inch waterline along Mamalahoa Highway. As there is no municipal sewer
system in the area, wastewater will be disposed of by a cesspool or individual wastewater
system, meeting the requirements of the Department of Health. All other essential
utilities and services are or can be made available to the site.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately twelve miles from the
nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion.
There is no record of a designated public access that traverses the property. No valued
cultural, historical or natural resources exist on the property and there is no evidence of
any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it
is not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
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In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
• The valued cultural, historical, and natural resources found in the rezoning area:
The landowner has been using the property for cattle grazing and it is anticipated
that no historic properties will be affected.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: No gathering is taking place
on the site. Thus, 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 these rights.
Based on the above findings, approval of the Change of Zone request from
Agricultural 40 -acre (A -40a) to Agricultural 5 -acre (A -5a) would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
The accompanying draft bill to amend Section 25 -8 -11 (Lalamilo - Puukapu Zone
Map) is provided for your favorable consideration. Please note the proposed conditions
of approval attached to the draft bill.
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. 4oJr` � OF,' 7 � .
14 COUNTY OF HAWAII �'! +- STATE OF HAWAII
,r E OF NF'�
BILL NO.
ORDINANCE NO. aM0/1
AN ORDINANCE AMENDING SECTION 25 -8 -11 (LALAMILO- PUUKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL — FORTY ACRES (A -40a) TO AGRICULTURAL — FIVE ACRES (A -5a)
AT PU'UKAPU, SOUTH KOHALA DISTRICT, HAWAII, COVERED BY TAX MAP KEY:
6- 4- 017:042.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Section 25 -8 -11, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
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 Pu'ukapu, South
Kohala District, Hawai`i, shall be Agricultural — Five Acres (A -5a):
Beginning at a pipe at the Southeast corner of this parcel of land, on the Northerly
side of Mamalahoa Highway, the coordinates of which referred to Government Survey
Triangulation Station "EAST BASE" being 6046.70 feet North and 786.60 feet East then
running by azimuths measured clockwise from True South:
1. 76° 58' 149.90 feet along the Northerly side of Mamalahoa
Highway;
2. 166° 10' 1162.38 feet along the remainder of Grant 6857 to
John Cheseboro;
3. 76° 58' 149.90 feet along the remainder of Grant 6857 to
John Cheseboro;
4. 166° 10' 2014.62 feet along the remainder of Grant 6857 to
John Cheseboro to General Lease 3362 to
Anna L. Perry — Fiske;
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5. 256° 10' 299.80 feet along General Lease 3362 to Anna L.
Perry — Fiske to Grant 7222 to Frances
S.E.S. Kaaua;
6. 346° 10' 3181.20 feet along Grant 7222 to Frances S.E.S.
Kaaua to Point of Beginning and containing
17.88 Acres, more or less.
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, Hawai`i 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25 -8 -11 (LALAMILO - PUUKAPU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FORTY ACRES (A -40a) TO AGRICULTURAL - FIVE ACRES (A -5a)
AT PU'UKAPU, SOUTH KOHALA DISTRICT, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK: 6 -4- 017:042 DATE: Feb. 08, 2011
EXHIBIT "A" Cynthia Foster
Map 1307
CFoster- REZ- 11- 136.jwd 05 -04 -11
CYNTHIA FOSTER
CHANGE OF ZONE APPLICATION NO. 11- 000136(REZ 11 -136)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
C. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
D. The driveway connection to the Mamalahoa Highway shall conform to Chapter
22, Streets, of the Hawaii County Code. No more than one lot will be permitted
to have a driveway taking direct access from the Mamalahoa Highway. All other
proposed lots shall be provided with access via a subdivision roadway that meets
the minimum requirements of Chapter 23, Subdivisions, Hawaii County Code
and constructed in a manner meeting with the approval of the Department of
Public Works.
E. The applicant shall provide a 15 -foot wide future road widening setback along the
entire property frontage of Mamalahoa Highway.
F. The applicant shall provide a 50 -foot roadway and utility easement for the future
extension of Hauhoa Street to the western boundary of the property (adjoining
TMK: 6 -4- 017:43).
G. Restrictive covenants in the deeds of all the proposed lots 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 owners of
the property may also impose private covenants restricting the number of
dwellings. A copy of the proposed covenant(s) to be recorded with the State of
Hawaii Bureau of Conveyances shall be submitted to the Planning 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.
H. All development generated runoff shall be disposed of onsite and not be directed
toward any adjacent properties.
The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources —
State Historic Preservation Division (DLNR -HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from DLNR-
HPD when it finds that sufficient mitigation measures have been taken.
K. The applicant shall comply with all applicable County, State and Federal Laws,
rules, regulations and requirements.
L. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of the ordinance. The report shall include, but not
be limited to, the status of the development and the extent to which the conditions
of approval have been satisfied. This condition shall remain in effect until all of
the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
M. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non - performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
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reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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