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HomeMy WebLinkAboutCOM 0006.000 2012-2014 �J�tY:Oi~�1. William P.Kenoi "��Lt'ti: William T.Takaba \ ��1.1: Managing Director I Mayor Wally Lau oF'NrM.' Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawai'i 96740 (808)323-4444 • Fax(808)326-5663 November 20, 2012 Honorable Dominic Yagong, Chairman ;. and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: State Land Use Boundary Amendment Application(SLU 12-000034) Request: Agricultural to Rural Change of Zone Application(REZ 12-000156) Request: A-40a to RA-.5a Applicant: Fumie Bonk Tax Map Key: 6-4-001:099 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, t 10111, William P. Kenoi Mayor Enclosures cc: Planning Department < B.1\\S la a) Hawaii County is an Equal Opportunity Provider and Employer Comm. No. Ref. To: C Ref. Date_DEC 0 5 201 oJ�tglUS N, ,� ' ,. 74'OF.N'rl County of Hawai`i LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 - NOV 7 0 7,n121' T) 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: State Land Use Boundary Amendment Application (SLU 12-000034) Request: Agricultural to Rural Change of Zone Application (REZ 12-000156) Request: A-40a to RA-.5a Applicant: Fumie Bonk Tax Map Key: 6-4-001:099 The Leeward Planning Commission, at its duly held public hearing on October 18, 2012, recommended for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to Rural district and a Change of Zone from an Agricultural—40 acres (A-40a) to a Residential and Agricultural —0.5-acre (RA-.5a) zoned district for approximately 1.0046 acres of land. The property is located at the northeast intersection of Mamalahoa Highway and Kakanihia Place, Pu'ukapu Homesteads, Waimea, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests. Hawaii County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 State Land Use Boundary Amendment The applicant requests a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicant also requests a concurrent Change of Zone from Agricultural-40-acre (A-40a) to Residential and Agricultural-.5-acre (RA-.5a) zoning district. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures,the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low- density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15- 15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..." The proposed boundary amendment is for a residential-agricultural use compatible with the Rural designation. The applicant has stated that the one-acre parcel will be subdivided into two residential/agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) policies of the General Plan: The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Low Density Urban. The new Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. This boundary request would allow a rural development for residential-agricultural uses that will complement the existing and future residential-agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the property is proposed from Kakanihia Street and all utilities are available to the site. As this area is not serviced by a municipal sewer system, any additional structures will utilize individual wastewater systems approved by the Department of Health. Police, fire and emergency facilities are located in Waimea. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", outside of the 500-year flood plain. While the property is within the State Land Use Agricultural and County's Agricultural (A-40a) zoned districts, the property is improved with a dwelling, shed and a hut and not currently being used for active agricultural purposes. The Agricultural Lands of Importance to the State of Hawai`i (ALISH) System designates the property as "Prime Agricultural Land (portion fronting the Mamalahoa Highway) and Other Important Agricultural Land (mauka portion). Soils within the property are classified as "C" or "Fair" for agricultural The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 productivity by the Land Study Bureau. While the potential for active agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such agricultural activities from being conducted on the site. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not located in the Special Management Area. It is not proximate to the coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Because the property is improved, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Finally, the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawai`i State Plan relating to Socio-cultural advancement - Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Change of Zone The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 The applicant requests a change of zone from an Agricultural 40-acre (A-40a) to a Residential Agricultural-.5a (RA-.5a) zoning district to allow for the subdivision of the 1.0046-acre property into two lots. The applicant has submitted a concurrent request for a State Land Use Boundary Amendment from an Agricultural to a Rural district. 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 also be considered as they may have an impact on similar areas in the County. The Change of Zone request from A-40a to RA-.5a conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban, which reflects uses single-family residential in character and is consistent with the rural residential nature that will be promoted by the approval of this change of zone request. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 6 Although the South Kohala Community Development Plan (SKCDP) is generally silent for development in this particular area, nevertheless, it conforms to the following in the SKCDP: • Figure 4.4: Waimea Town Conceptual Plan (page 65) indicates this area for urban development. • Policy No. 2, Responsible Growth (page 70): "moderate the pace of growth and change in Waimea"; the last section of this policy in Strategy 2.1 "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 of less that may assist families in allowing their children to obtain individual properties." • Policy No. 3 (page 72), Environmental Stewardship, Strategy 3.1 - Protect Important Agricultural Lands. This second lot will remain in agricultural use and will be occupied by the applicant's son. The ALISH Map identifies the area as Prime Agricultural Land and Other Important Agricultural Land (DIAL). The OIAL designation includes land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops. The Land Study Bureau's Productivity rating for the site is "C" or"Fair". The property is approximately one-acre in size. The northern portion of the property is improved with a dwelling and a shed, and there is a hut on the southern portion of the site. A small garden is located along the southern portion of the dwelling. Immediate surrounding properties are zoned A-40a. Properties across the Mamalahoa Highway to the south are zoned A-5a. The area is a mix of residential and passive agricultural uses. Haunani Gulch and stream forms the eastern boundary of the property. The proposed change of zone would complement the existing and predominately residential land uses in this immediate area. This particular section of Pu'ukapu Homesteads consists of an established subdivision that has been in existence for roughly 70 years and comprising of lots less than 2 acres in size. While the soils in this area are of good quality, the size of the lots and its historical residential use already defines this area as more residential than agricultural in nature. Therefore, this change of zone request will not compromise the maintenance of prime agricultural lands for agricultural purposes. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 7 Should this request be approved, the applicant may typically apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on each parcel. An additional dwelling may be constructed on each lot, doubling the existing density of the area. The potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure that cannot be supported. The Planning Director therefore supports this change of zone request subject to a condition within the proposed ordinance that will prohibit the construction of a second dwelling (ohana) unit and/or the establishment of and a Condominium Property Regime on each proposed lot. All utilities and services are available to the site. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. All essential utilities are available to the project site. Police, fire, and emergency services are available in Waimea. Access to the project site is from Kakanihia Place, a private, one-lane graveled subdivision road with grass shoulders, all within an approximate 30-foot wide right-of-way. The gravel traveled lane is approximately 13 feet wide and serves 8 to 10 other parcels. According to the Department of Public Works (DPW), the Kakanihia Place approach to and within Mamalahoa Highway right-of-way is not paved and does not meet current Subdivision Code standard width of an improved agricultural-standard travel way of 20 feet within a 50-foot wide right-of-way. The parcels served, although zoned for 40-acne minimum lot sizes, are all less than 2 acres except for one 8-acre parcel. The DPW indicates that an inconsistency already exists in the existing lot sizes relative to existing zone designation. As such, this change of zone request to a 0.5-acre minimum lot size would normally require an upgrade of the roadway to current agricultural standard, as this action may set a precedent and trigger additional rezoning requests. The DPW recommends that the Kakanihia Place approach to Mamalahoa Highway be improved to a 24-foot minimum paved width with 20-foot minimum return radii with any necessary relocation of utilities. In addition, the minimum 20-foot pavement width should be continued within the private road not less than 40 feet from the intersection. All of these recommended roadway improvements can be expected within an area that is envisioned to transition into a more substantial residential neighborhood. However, we have a unique subdivision that was created in the late 1950s that is limited in the amount that it can further evolve. Kakanihia Place is a dead-end road that services a subdivision where most lots are less than one acre in size. Only two lots, including the project site,provide opportunities for further subdivision should approval of this change of zone set a precedent. That would result in a total of maybe three additional lots within this long-established residential subdivision. This The Honorable Dominic Yagong, Chairman and Members of the County Council Page 8 established residential subdivision. This potential of only three additional lots does not warrant bringing the private roadway within this subdivision up to current county standard. The Applicant will need to apply for a variance from the minimum standards of the Subdivision Code should this change of zone request be approved. The project site is located within Zone "X", areas determined to be outside the 500- year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The property has been developed for single-family residential use since the 1950's; thus, no formal archaeological study was conducted. By letter dated May 25, 2011, the DLNR-HPD responded that no historic properties will be affected by this undertaking. Likewise, no professional flora or fauna surveys were conducted of the site. The 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 project site is located more than twelve miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, 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. Therefore, no action is necessary to protect these rights. The Hawaii Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. Farming activities are currently being conducted on the site, and will be permitted to continue should this rezoning be approved. However, a standard condition of approval for rezonings from the Agricultural designation will be added to require the applicant to notify prospective landowners, tenants or lessees of the Hawaii Right to Farm Act. In addition, a condition will be included to prohibit any action that would interfere with farming operations on adjacent or contiguous properties, provided operations are conducted with generally accepted agricultural and management practices. Based on the above findings, approval of this change of zone request from an Agricultural 40-acre (A-40a) to a Residential and Agricultural -.5 acre (RA-.5a) zoned district would result in an appropriate land use pattern that will further benefit the general public. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 9 The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Puukapu Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. We are enclosing copies of the staff Background, Planning Director's Recommendations, the Powerpoint presentation, and the hearing transcript for your information. Sincerely, 1 r Richard Nelson, III, Chairman Pro Tern Leeward Planning Commission Lbonk02lpc Enclosures cc: Michael W. Moore, Esq. Ms. Fumie Bonk Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD Bill Brilhante, Esq., Corporation Counsel Planning Department - Kona B BonkS LUREZ,doc-10/9/12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT FUMIE BONK STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 12-034) CHANGE OF ZONE APPLICATION(REZ 12-156) FUMIE BONK has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 40-acres (A-40a)to Residential and Agricultural-0.5-acre(RA-.5a) for approximately 1.0046 acres of land. The property is located at the northeast intersection of Mamalahoa Highway and Kakanihia Place Pu'ukapu Homesteads, Waimea,North Kohala, Hawai`i, TMK: 6-4-001: 99. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 40-acre (A-40a)to Residential and Agricultural %2- acre(RA-.5a) for approximately 1.0046 acres of land to subdivide the property into two residential/agricultural lots. The applicant plans to convey the new lot to her son. (Planning Department Exhibit 1 - State Land Use Boundary Amendment and Change of Zone applications) 2. Landowner: William Bonk/Fumie Bonk Revocable Living Trust. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Low Density Urban. 5. County Zoning: A-40a. 6. Special Management Area(SMA): The property is located approximately 12 miles from the shoreline, outside of the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 7. Project Site: The northern portion of the property is improved with a dwelling and a shed, and there is a hut on the southern portion of the site. A small garden is located along the southern portion of the dwelling. 8. Surrounding Zoning/Land Uses: Immediately surrounding properties are zoned A-40a. Properties across the Mamalahoa Highway to the south are zoned A-5a with Mokuloa ATTACH: Comm. 6 Bills 1 & 2 subdivision approximately 900 feet to the east zoned A-la. The general area is a mix of residential and passive agricultural uses. Haunani Gulch and stream forms the eastern boundary of the property. 9. ALISH: Prime Agricultural Land and Other Important Agricultural Land. 10. Land Study Bureau's Detailed Land Classification System: "C" or"Fair." 11. U.S. Soil Survey: Maile series(MLD);permeability is moderately rapid,runoff is slow and the erosion hazard is slight. This soil is used for pasture and woodland. 12. FEMA: Zone "X", areas determined to be outside the 500-year flood plain. 13. Flora/Fauna Resources: No formal flora/fauna study was conducted of the site, as the property is used as a dwelling site since the mid-1950's. 14. Archaeological Resources: No formal archaeological study was conducted as the property is improved with a dwelling. The applicant states that due to the use of the site for dwelling purposes, it is highly unlikely that any archaeological, cultural, or historic sites are present on the site. By letter dated May 25,2011, the DLNR-HPD has issued a letter of no-effect for the proposed action. 15. Cultural or Native Gathering Rights: According to the applicant, there are no traditional and customary Native Hawaiian rights being practiced on the site. 16. Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 17. Access: Access to the project site is from Kakanihia Place, a private, one-lane graveled subdivision road with grass shoulders, all within an approximate 30-foot wide right-of- way. The gravel traveled lane is approximately 13 feet wide and serves 8 to 10 other parcels. According to the Depaihuent of Public Works(DPW): • the Kakanihia Place approach to and within Mamalahoa Highway right-of-way is not paved and does not meet current Subdivision Code standard width of improved traveled way(20 feet) and right-of-way(50 feet) for an agrioultural standard roadway serving agricultural zoned parcels greater than three(3) acres in size. The parcels served, although zoned A-40a, are all less than two (2)acres except for one 8-acre parcel. • due to an inconsistency in the existing lot sizes relative to existing zone designation, this rezoning to a .5-acre lot size will require an upgrade of -2- Kakanihia Place to current or other standards as this action may set a precedent and trigger additional rezoning requests. • the Kakanihia Place approach to Mamalahoa Highway should be improved to a 24-foot minimum paved width with 20-foot minimum return radii with any necessary relocation of utilities. • a 20-foot pavement width should be continued within the private road not less than 40 feet with a 50-foot long graveled transition to the existing gravel road width. 18. Water: County water is available to the site. 19. Wastewater: There is no municipal sewer system in the area. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Department of Health. 20. Solid Waste: Solid waste will be disposed of at the Waimea solid waste transfer station. 21. Essential Utilities and Services: All other essential utilities are available to the project site. Police, fire and emergency services are available in Waimea. AGENCIES' AND ORGANIZATIONS' COMMENTS 22. Department of Public Works: P.D. Exhibit 2 -August 15,2011 memo 23. Department of Water Supply: P.D.Exhibit 3 -August 28,2012 memo 24. Police Department: P.D. Exhibit 4-August 15, 2012 memo 25. Fire Department: P.D. Exhibit 5-August 29, 2012 memo 26. Department of Environmental Management: P.D. Exhibit 6—August 2,2012 memos 27. Department of Health: P.D. Exhibit 7-August 24, 2012 memo 28. South Kohala Traffic Safety Committee: P.D. Exhibit 8-August 29, 2012 email and letter AGENCIES AND ORGANIZATIONS-NO RESPONSES 29. Land Use Commission,Waimea Community Association APPLICANT'S RESPONSES TO AGENCIES' COMMENTS 30. None as of this writing -3- PUBLIC COMMENTS 31. P.D. Exhibit 9-letter received on August 29, 2012 from Monique van den Hurk (TMK: 6-4-1: 34) 32. P.D.Exhibit 10 -August 31,2012 letter from Nancy L. Jones(TMK: 6-4-1: 148) -4- APPLICATION FOR STATE LAND USE DISTRICT BOUNDARY AMENDMENT & CHANGE OF ZONE Applicant: Fumie Bonk Agent: Michael W. Moore, Esq. Property: 1.0046 acres, Puukapu, Waimea TMK: (3) 6-4-001:099 Planning Dept. Exhibit • Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone CONTENTS Application for Change of Zone: State Land District Boundary Amendment Application Form Change of Zone Application Form Agricultural Questionnaire Letter of Authorization County Environmental and Background Report Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone STATE LAND USE DISTRICT BOUNDARY AMENDMENT District Boundary Amendment Application Form STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Fumie Bonk PETITIONER'S SIGNATURE: ,(,t Lyyt,t,-) DATE: 6./ g/i _ ADDRESS: C/O Michael W. Moore, Esq. , Law Offices of Yeh & Moore 85 W. Lanikaula Street Hilo, HI 96720 PETITIONER'S INTEREST IF NOT OWNER: N/A TELEPHONE:(Bus.) (808)961-0055 (Res.) (Fax) (808)969-1531 LANDOWNER(S):william Bonk Revoc. Living Trust/Fumie Bonk Revoc. Living Trust LANDOWNER SIGNATURE(S). - jal ;1 yjr,l• DATE: �"/ /1 -2. (May be by letter) ADDRESS: C/O Michael W. Moore, Esq. , Law Offices of Yeh & Moore 85 W. Lanikaula Street Hilo, HI 96720 TAX MAP KEY: (3)6-4-001:099 STREET ADDRESS OF PROPERTY: 64-712 Kakanihia Place, Kamuela, HI 96743 ZONING: A-40a SIZE OF PROPERTY: 1.0046 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT: Michael W. Moore, Esq. ADDRESS: Law Offices of Yeh & Moore 85 W. Lanikaula Street Hilo, HI 96720 TELEPHONE:(Bus.) (808)961-0055 (Res.) (Fax) (808)969-1531 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Michael W. Moore, Esq. COPIES: Fumie Bonk tcpp Tnctn,itinnc nn RpvprciA Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone APPLICATION FOR CHANGE OF ZONE Change of Zone Application Form CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT:Fumie Bonk APPLICANT'S SIGNATURE: DATE /lt // ADDRESS C/O Michael W. Moore, Esq., Law Offices of Yeh & Moore 85 W. Lanikaula Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER:N/A LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:N/A PHONE:(Bus.) (808) 961-0055 (Res.) (Fax)(808) 969-1531 LANDOWNER(S):Wiliiam Bonk Revoc. Living Trust/Fumie Bonk Revoc. Living Trust LANDOWNER SIGNATURE(S): '441 =4ji ° ."�:►�.�„ DATE: 1 ,I/2'-.- (lvtay le r) LANDOWNER(S)ADDRESS:C/O Michael W. Moore, Es�q., aw Offices of Yeh & Moore 85 W. Lanikaula Street, Hilo, HI 96720 REQUEST:A-40a TO RA-.5a (Existin zoning) (Proposed Zoning) TAX MAP KEY:(3) 6-4-001:099 STREET ADDRESS OF PROPERTY:64-712 Kakanihia Place, Kamuela, HI 96743 SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED:1.0046 acres AGENT:Michael W. Moore, Esq., Law Offices of Yeh & Moore ADDRESS:85 W. Lanikaula Street, Hilo, HI 96720 TELEPHONE:(Bus.)(808) 961-0055 (Res.) (Fax) (808) 969-1531 Please indicate to whom original correspondence and copies should be sent. ORIGINAL:Michael W. Moore, Esq. COPIES:Fumie Bonk Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone APPLICATION FOR CHANGE OF ZONE Agricultural Zoning Questionnaire ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to 1.004 acres subdivide? b. Into what lot sizes? 0.5+acres c. If your request is approved, approximately how long after the Immediately date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 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 the 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? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other(please state)? f. If you intend to do either a, b or c, please elaborate on the kind of plans the 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 No will alleviate the local housing situation? How? 4. Are there any buildings on the subject area? Yes If so, what kind? There is an existing residential dwelling as well as a shed on the northern portion of the subject property and a Quonset hut on the southern portion of the property. 5. Is the subject land currently being used for any agricultural Yes activity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. ( There is a large subsistence-type garden located along the southern portion of the residence. No commercial agricultural activity is currently taking place on the property. 6. Was your request to allow for the creation of smaller agricultural No lots? If so, did your plan include the following considerations? { a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage No problem on the subject area? If so, please describe the problem. 8. Do you think the roads leading to the subject need improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes", please elaborate on what type or kinds of improvements and/or assistance are needed. .c:Z .,-4k,...____-- Signature: Address: C/O Michael W. Moore, Esq., Law Offices of Yeh & Moore 85 W. Lanikaula Street Hilo, HI 96720 Telephone: (808) 961-0055 Date: .-r,ly '4 ZU(7, `1 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone APPLICATION FOR CHANGE OF ZONE Letter of Authorization 1 June 1,2012 Bobby Jean Leithead-Todd,Director Planning Department County of Hawaii 101 Panahi Street; Ste. 3 Hilo,Hawaii 96720 Re: Land Use Applications TMK: (3)6-4-001:099 Dear Ms.Leithead-Todd: I am writing to authorize Michael W. Moore,Esq., and the Law Offices of Yeh&Moore to act as my agent in the matters of the State land use district boundary amendment,change of zone and subdivision applications for my property located at 64-712 Kakanihia Street,Kamuela, Hawaii 96743,more specifically identified as TMK: (3)6-4-001:099,Puukapu Homsteads, South Kohala District. Sincerel t(44/-2-0—L FUMIE BONK Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone APPLICATION FOR CHANGE OF ZONE Background and Environmental Report 1 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone DETAILS OF PROPOSED USE: 1. Project Description The Applicant, Fumie Bonk("Applicant"), requests a State land use district boundary amendment from the State land use agricultural district("Agricultural District")to the State land use rural district("Rural District") and an associated change of zone from the Agricultural Zoning District("A-40a") to Residential and Agricultural Zoning District ("RA-.5"). The subject property is approximately 43,760 square feet(or approximately 1.0046 acres) in land area. It is a nonconforming lot. The subject land use changes are requested to allow a subsequent subdivision of the subject property into two lots. The subject property is located off of Mamalahoa Highway. A Location Map is attached as Exhibit 1. The parcel is more specifically identified as Tax Map Key("TMK") No.: (3) 6-4-001:099,Puukapu Homesteads, Waimea, North Kohala District, Hawaii ( ("Property" or"Site"). Mamalahoa Highway is the major thoroughfare in this area, and progresses in a generally East-West direction. There is an existing dwelling, as well as several smaller accessory buildings, all generally located on the northern half of the Property. There is also a large Quonset hut structure used for equipment storage located on the southern portion of the Property. The open areas of the Site are presently maintained as a large, grassed lawn area, with a garden area directly south of the dwelling and various fruit and other trees placed around the dwelling and the Property. Haunani Gulch and stream forms the eastern boundary of the Property, and various trees and other vegetative growth extend up the gulch wall forming a functional windbreak. 2. Statement of Objectives and Reasons for the Request As stated above, Applicant's reason for requesting the district boundary amendment to the Rural District and associated change of zone to RA-.5 is to allow subdivision of the Property into two lots (Exhibit 2 —Plot Plan). She intends to convey the new lot to her son Seizen Bonk, who owns property across Kakanihia Street. As the Property is just over an acre in area, a district boundary amendment and associated change of zone are necessary to accommodate the proposed subdivision. Applicant's objectives are as follows: • To amend the State land use district classification from the Agricultural District to the Rural District; • To change the zoning from A-40a to RA-.5a; and • To subdivide the Property into two lots to allow conveyance to her son, Seizen Bonk. 1 Fumie Bonk Application for St ante Land nUse District • Boundary Anzendnzet& Chage of Zone • ' ♦ •4 wm �tLi,s,,a,a,w`�`q? .`..,0 �' . Y ,.,fie i x { '' 'NW # 3' "`',x "5 . 1�, ,y a n o ,, 4{3 Ai ra �. ,,, ''e eye■ . �`� '.^ P # r Fiir3 }'; :iii`s` r f f fix c-r-Jo Photo 1: Photo of southern portion of Property facing Mamalahoa Highway^ 44' r f � o f °�. y, • a. x �.e ;:to**- I t o '.Y + el.. ;;;t:.<'11., l .t.er a �,� 1 1 . "", i " ,:illfi,. #] l €^ ` .icy ,y : r T �. viq ' l t ,,..)Qt hkGG 'S e� 1, i f t ;„,le r ff f Fes. j"[5°. ^ , i3 f, I '*:i'i p ' #` pi " 1, Ee_ 'ptk a ' j„ t + .-44.-,,..." ....., + 'J., 4 Photo 2: Photo of northern half of Property showing existing dwelling and garden area. 2 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone 3. Number of Acres/Square Feet The Property is approximately 43,760 square feet, or 1.0046 acres, in land area. 4. Timeframe It is estimated that the district boundary amendment and change of zone processes will take 9— 12 months, and that the subsequent subdivision process will take 6—9 months. No construction is proposed at this time;however,Mr. Bonk does plan to construct hothouses for his seedlings at some point after the subdivision process has been completed. 5. Traffic Impacts Assessment of Existing Traffic Conditions According to the South Kohala Community Development Plan("SKCDP"),the development pattern in Waimea Town is linear from east to west, and concentrated along Mamalahoa Highway and Kawaihae Road. Development along these two roadways is spread out over six miles with the town center approximately at the mid point of the six mile stretch. Partially because of the town's spread out development pattern along the major highway corridor, traffic congestion is a problem as residents who need to commute to the town center for daily necessities such as shopping or banking,compete with commuters who are traveling between Hilo and Kona. Mamalahoa Highway is one of the two major highway systems on the Big Island, which combined link the major towns of all districts (with the exception of North Kohala). It is a State highway, described as the primary highway that runs through the town of Waimea by the Hawaii County General Plan. A number of improvements have been made to the Waimea section of the Mamalahoa Highway, which have greatly improved the flow of traffic in the region. The Saddle Road realignment and improvements have also helped to alleviate cross-island traffic through Waimea somewhat by making Saddle Road safer. There are also several large-scale roadway projects planned that should help ease the traffic situation. These projects include the Parker Ranch Connector Road,which is currently designed to start from Mamalahoa Highway near the rodeo grounds and reconnect with Mamalahoa Highway near Kamamalu.Street; the Lindsey Road Extension, which would extend Lindsey Road from its current intersection with Mamalahoa Highway and extend to the proposed Waimea Bypass; the Lalamilo connector Road, which would connect the Kawaihae Road to Mamalahoa Highway near the Lalamilo Farm Lots; and the Waimea Bypass Road, which aims to reduce cross- island traffic through Waimea Town(the final alignment has not been decided). The planned roadway network, when constructed, will ease the traffic through Waimea Town by providing alternate routes for cross-island travel. 3 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Anticipated Increase in Traffic As Hawaii County's population continues to grow, and with anticipated expansions of the Kohala Coast resort areas as well as the anticipated increase in commuter traffic and the traffic associated with the transportation of goods to and from Kawaihae Harbor, traffic on this section of Mamalahoa Highway will continue to increase. Should the regional roadway projects discussed above come to fruition, they are expected to ease traffic along Mamalahoa Highway. Potential Impacts from Proposed Use The proposed district boundary amendment and change of zone are not expected to have a significant impact on the traffic situation in the area. If approved, only one lot would be created, with the new lot taking access from Kakanihia Street, not Mamalahoa Highway. Further subdivision of the Property could not occur unless another district boundary amendment to the State land use urban district and related change of zone were approved. There may be a slight increase in traffic due to the intended use of the new lot for washing and packing produce. 9. Proposed On-site and Off-site Infrastructure The Site is already served by all necessary utilities via overhead lines on Mamalahoa Highway. Access will be taken from Kakanihia Street, not Mamalahoa Highway. Preliminary discussions with the Department of Water Supply("DWS")have indicated that water can be made available to the proposed new lot. II. CONFORMANCE WITH STATE/COUNTY PLANS 10. State Land Use Designation The Property and surrounding areas are situated within the Agricultural District. The subject report is intended to support Applicant's request to reclassify the Property to the Rural District and change of zone to RA-.5. (See Figure 1.) 11. Coastal Zone Management The proposed project is not contrary to the Coastal Zone Management Program, as contained in Chapter 205A, Hawaii Revised Statutes("HRS"). The Property is not situated within the County's Special Management Area("SMA"). It has been previously developed, at least since 1956 when, according to Real Property Tax records, the existing dwelling was constructed. It is not a coastal property and there is no access to either the shoreline or the mountains through it. There is no view of the shoreline from the Property. The proposed land use changes will have no impact to coastal ecosystems as the Property is approximately 12 miles inland from the ocean at its closest point. 4 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Figure 1: State Land Use District Boundary Map I(h l • Designations: Green Agricultural 12. Hawaii County General Plan The Property is designated as"Low Density Urban"("LDU")on the current General Plan Land Use Pattern Allocation Guide("LUPAG")map. The LDU designation is intended for residential use,with ancillary community and public uses, and neighborhood and convenience-type commercial uses. As such,the proposed project is consistent with the LDU designation. The proposed rezoning conforms with the following goals,policies and standards of the General Plan. Flooding and Other Natural Hazards: Goals (a) Protect human life. (b) Prevent damage to man-made improvements. (c) Control pollution. (d)Prevent damage from inundation. ( (e) Reduce surface water and sediment runoff. 1.. 1 5 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Figure 2: LUPAG Map r /7'z' \ 1� �.� E`✓ t t .yr Wirt ,,J — \ �� i A1E mow&" r 4+± f H&{ „d � tt`i_ .. '$ i` nr'Jr k M i' r �� �s'i`t+� Cry -.. Designations: White Extensive Agriculture Yellow Low Density Urban Green Important Agricultural Lands Policies ( (a)Enact restrictive land use and building structure regulations in areas vulnerable to severe damage due to the impact of wave action. Only uses that cannot be located elsewhere due to public necessity and character, such as maritime activities and the necessary public facilities and utilities, shall be allowed in these areas. (b)Review land use policy as it relates to flood plain,high surf, and tsunami hazard areas. (c) Update and improve the Flood Insurance Rate Maps and other flood maps in compliance with the National Flood Insurance Program(NFIP)as needed. (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. (g) Development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. 6 Futnie Bonk Application for State Land Use District Boundary Amendment& Change of Zone (j) The County and the private sector shall be responsible for maintaining and improving existing drainage systems and constructing new drainage facilities. (q) Consider natural hazards in all land use planning and permitting. (r) Discourage intensive development in areas of high volcanic hazard. Discussion: The Property is situated within Flood Zone"X", which includes areas that have been determined to be outside of the 500-year flood plain(Exhibit 3 -FHAT Report). As far as Applicant is aware, flooding has not been an issue in the past. It is not a coastal property and is outside of the SMA. The Property is situated within Volcano Hazard Zone 8 and has a relatively low risk of inundation by lava flows. Natural Beauty: Goals (b) Protect scenic vistas and view plans from being obstructed. Discussion: The Site is not listed as or proximate to other properties listed as sites of natural beauty. The Project will not interfere with any coastal viewplanes, as there is no view of the coastline from the Property or surrounding properties. Likewise, the Project should not interfere with any views of the pu'u. There is no construction planned at this time. Natural Resources and the Shoreline: Goals (a) Protect and conserve the natural resources from undue exploitation,encroachment and damage. (c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. (d)Protect rare or endangered species and habitats native to Hawaii. Discussion: The Property is not situated on the coast and the proposed Project will not have any significant impact on shoreline resources. The Site is not likely to be a habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species due to a history of agricultural and residential use and related disturbance. The proposed district boundary amendment and change of zone will not have a significant effect on natural resources or the shoreline. 7 Fu,nie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Land Use: Goals (a) Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. Standards (b) 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. Land Use—Agriculture: Goals (b) Preserve the agricultural character of the island. Policies (g) Land zoned for use in the Rural District shall be expanded, where appropriate. Discussion: The Property is appropriate for the proposed project. It is a nonconforming lot,just over an acre in size. The purpose of the requested reclassification to the Rural District and related change of zone to RA-.5a is to accommodate a proposed subdivision of the Property. The land use change applications have been prepared based on a review of the General Plan, district goals, the SKCDP and compatibility with adjacent uses. All public services and utilities are available to the Site. Preliminary discussions with DWS indicate that water can be made available to the proposed new lot,which would take access from Kakanihia Street and not Mamalahoa Highway. The proposed changes to the Rural District and RA-.5a zoning would preserve the character of the surrounding area. Applicant intends to convey the new lot to her son, Seizen Bonk, who is owner,manager and lead fanner of Kozen Farm. Kozen Farm currently leases farmland across Mamalahoa Highway from the Heibei and Kotoyo Trust. Mr. Bonk plans to utilize the new lot to construct hothouses for his seedlings. He also plans to utilize the existing Quonset hut structure to wash and pack the produce grown by Kozen Farm. As Mr. Bonk's home is located on his lot across Kakanihia Street, it would be very convenient for him to be able to cultivate the seedlings and wash and pack the produce so close to his residence. As Kozen Farm also sells its produce at the Waimea Farmer's Market, located directly across Haunani Gulch and stream from the Property,being able to process the vegetables on the new lot would be very convenient. Please see Exhibit 5 for a brief history of the Bonk family's farming activities. 8 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone 13. County Zoning The Site is zoned A-40a(Figure 3 —Zoning Map). 14. Community Development Plan The SKCDP was adopted in November of 2008,by way of Ordinance No. 08-159. The SKCDP was prepared in order to identify the South Kohala community's priority issues and to develop policies and action programs to address those issues. Primarily, the SKCDP focuses on four area plans for the towns of Waimea, Waikoloa Village, Kawaihae and Puako. Chapter 4,Waimea Town Plan, Strategy 1.4, Encourage small-scale farming through expanded tax credits, discusses the need for food security for Hawaii and the need to expand diversified agriculture. Applicant currently has a fairly large subsistence garden, just south of which is where the Property would be subdivided(see Photo 2). That successful agricultural activity on a subsistence level is taking place in such a small area, as compared to a larger-scale agricultural operation, indicates that agricultural activity can continue on the Property, even after subdivision into one-half acre lots. Applicant intends to convey the new lot to her son, Seizen Bonk, owner of Kozen Farm. He intends to construct hothouses for his seedlings and also to utilize the existing Quonset hut structure for washing and packing produce grown on and harvested from his leased farmland across Mamalahoa Highway. Mr. Bonk currently grows an array of vegetable crops, including burdock, beets,kale, daikon, araimo, corn, lettuce, string beans and French beans. He also grows various flowers. Kozen Farm is represented at the Waimea Farmer's Market every Saturday, located directly across Haunani Gulch and stream from the Property at the Hawaiian Homelands Hall, by Mr. Bonk and his wife Marlene. 15. Special Management Area The Property is not situated within the SMA. It is approximately 12 miles inland from the ocean at its closest point. 16. State Functional Plans The State Functional Plans are a set of 12 Functional Plans that were initially adopted by the State in 1984 and 1985 and revised in 1989 and 1990. The Functional Plans relating to Education, Employment, Health, Housing and Human Services were completed in 1989, while the Functional Plans relating to Agriculture, Conservation Lands, Energy, Historic Preservation, Recreation, Tourism and Transportation were completed in 1991. 9 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Figure 3: Zoning Map or, { Designations: Blue Agricultural(A-40a) Gray Blue Family Agriculture(FA-3a) Turquoise Agricultural(A-3a) Sea Green Agricultural(A-5a) Bright Green Agricultural(A-1a) In conjunction with the County General Plans, the State Functional Plans are the primary mechanisms for implementation of the Hawaii State Plan, as provided in HRS Chapter 226. The State Functional Plans delineate specific strategies of policies and priority actions that need to be addressed in the short term. The Functional Plans contain specific, implementable actions that can be directly related to budget items. However, the Functional Plans primarily address actions that should have been taken within a two to six year period from the time the Plans were adopted. The Functional Plans were initially intended to be revised every two years. It does not appear that they have undergone revision since the current plans were adopted in 1989 and 1990. The Project conforms to the following components of the Functional Plans. Functional Plan—Agriculture The Agriculture Functional Plan identifies four major issue areas, including industry research and development; agricultural pests and the environment; land and water; and 10 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone services and infrastructure. The proposed project will have limited, if any, impact on any of the identified issue areas. However, it will be utilized for agricultural purposes, both directly by the cultivation of seedlings in hothouses and indirectly by being utilized for the processing of Kozen Farm's produce grown on leased farmland across Mamalahoa Highway. Functional Plan—Conservation Lands The Conservation Lands Functional Plan provides a management program that allows judicious use of the State's natural resources and addresses the impacts of population growth and economic development on our natural environment. It provides a framework for the protection and preservation of Hawaii's pristine lands and shorelines. Due to the previously developed nature of and ongoing residential and agricultural use of the Property, it is highly unlikely that the parcel contains any habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species. Likewise, due to previous development,the land has been altered and cleared in relation to the construction of the existing dwelling. It is not proximate to the shoreline. Functional Plan—Historic Preservation The Historic Preservation Functional Plan aims to bring State, County and community organizations together to become better stewards of archaeological and cultural resources. It addresses the preservation of historic properties; the collection and preservation of historic records, artifacts and oral histories; and the provision of public information and education on the ethnic and cultural heritages and history of Hawaii. The existing structures on the Property are not historically significant. The proposed land use changes are not contradictory to the identified issues and related objectives,policies and actions contained in the Historic Preservation Functional Plan. Functional Plan—Recreation The Recreation Functional Plan is divided into six issue areas, including ocean and shoreline recreation; mauka,urban and other recreation opportunities;public access to the shoreline and mauka recreation areas; resource conservation and management; management of recreation programs, facilities, and areas; and wetland protection and management. The Property is not situated on the shoreline, nor is it proximate to any identified mauka recreational areas. There is no access to the shoreline or mountains through the Property. 11 • Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Functional Plan—Transportation The Transportation Functional Plan identified four issues, including congestion, economic development, funding and education. With regard to congestion, the Transportation Functional Plan states: While State highways should primarily serve interregional travel purposes, many of these highways are now proliferated with numerous road crossings, intersections, traffic signals, and driveway accesses. The result is numerous movement conflicts, slow, interrupted traffic flows, and subsequent requirements for by-pass roads. The Property is situated along Mamalahoa Highway,which is a State highway. If approved,the proposed land use changes would allow Applicant to subdivide the Property into two lots. Both lots would take access from Kakanihia Street and not establish any new access points onto Mamalahoa Highway. Functional Plan—Education The proposed land use changes and subsequent subdivision will result in the creation of one lot, and are thus not expected to have any effect on educational facilities in the region. Functional Plan—Employment The Employment Functional Plan identifies several statewide objectives necessary to maintain a viable economic future as well as ensure a quality standard of living. The proposed project is not expected to have any measurable effect on employment in the region. Functional Plan—Health The Health Functional Plan contains six major objectives relating to promoting healthy lifestyles and behavior; prevention and control of communicable diseases; special populations' access to health care; community hospitals; environmental health; and improved Department of Health capabilities. The objectives focus efforts toward achieving a cost-effective health system for Hawaii and to further position Hawaii as the Health State. The proposed project is not expected to have any measurable effect on health in the region or State. Functional Plan—Housing The Housing Functional Plan focuses on six broad areas including increasing home ownership; expanding rental housing opportunities; expanding rental opportunities for the elderly and other special needs groups; preserving housing stock; designating and 12 Fuinie Bonk Application for State Land Use District Boundary Amendment& Change of Zone acquiring land that is suitable for residential development; and establishing and maintaining a housing information system. Although no construction is currently planned for the Property, the proposed project will not decrease the existing housing stock. The existing dwelling will not be removed. Functional Plan—Human Services The Human Services Functional Plan identifies priority issues including elderly care; children and family support; self-sufficiency; and service delivery improvements. The proposed project is not expected to have any measurable effect on human services in the region. III. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING 16. Description of Property 16.1 Property Location The subject property is bounded by Mamalahoa Highway on its southern side and by Kakanihia Street on its western side, where it takes access. The street address is 64-712 Kakanihia Street, Kamuela, Hawaii 96743. It is bounded on its eastern side by Haunani Gulch and stream. A Location Map is attached as Exhibit 1. A Google Earth map showing an aerial view of the Property is attached as Exhibit 4. The parcel is irregularly shaped due to the gulch and stream to the east, and has approximately 1.0046 acres in land area. The Property is located just off of Mamalahoa Highway, which is the primary highway that runs through the town of Waimea. Surrounding land uses include the Kamehameha Schools Pre-School and the Hawaiian Homelands Hall to the east of the Property, as well as a general mix of low density residential and agricultural use. In the immediate vicinity of the Property, there is Agricultural zoning(A-la,A-3a, A-5a, A-40a) and Family Agriculture("FA-3a")zoning. 16.2 Climate The elevation of the Site is over 2,800 feet above mean sea level. The mean annual rainfall is approximately 50 inches. The wetter months are generally November through April. The mean temperature is between 70 and 76 degrees Fahrenheit. 16.3 Topography The topography of the Site slopes to the south,toward Mamalahoa Highway. It is situated just to the southeast of Pu'u Kakanihia. 13 Funtie Bonk Application for State Land Use District Boundary Amendment& Change of Zone 17. Lava Hazard Zone The United States Geologic Survey("USGS") classifies the Property as Lava Flow Hazard Zone 8, on a scale of ascending risk, 9 being the lowest risk and 1 being the highest. 18. Distance from Shoreline The Property is approximately 12 miles inland from the ocean at its closest point. 19. Agricultural Lands of Importance to the State of Hawaii("ALISH") Designation The bottom third of the Property is classified as Prime Agricultural Land and the upper two-thirds are classified as Other Agricultural Land. The proposed land use changes will not affect the productive nature of the Property. As mentioned above, Applicant has a fairly productive subsistence type garden and several fruit trees around the dwelling. Applicant's intent is to convey the new lot to her son,who owns Kozen Fan-n. He plans to construct hothouses for his seedlings and also utilize the existing Quonset hut to wash and package the produce he grows and harvests on his leased farmland. 20. USDA Natural Resources Conservation Services Soil Service Report Soil Type The Soil Survey Report classifies the soil as Maile series, Maile silt loam(MLD),which consists of dark yellowish-brown and very dark brown silty clay loam. The subsoil dehydrates irreversibly into fine sand-size aggregates. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. This soil is used for pasture and woodland. 21. Land Study Bureau ("LSB") Soil Rating The Property is classified as productivity rating"C"by the LSB. 22. Flood Insurance Rate Mate("FIRM") Designation The FIRM designation of the Site is Zone"X",which means that it is outside the 500- ;' year flood plain(Exhibit 3). It is situated approximately 12 miles inland from the ocean at its closest point. The Site is also outside the Civil Defense Tsunami Evacuation Zone. 23. Existing Drainageways or Improvements There are no known drainageways crossing the Property. However, it is bounded on the east by Haunani Gulch and stream. The Flood Hazard Assessment Tool Map is attached as Exhibit 3. Applicant is not aware of any flooding issues affecting the Property. 14 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone 24. Air/Noise/Water Quality The proposed project is not expected to have a significant effect on air or water quality, nor is it expected to be a significant noise generator. If the Property is used for agriculture, there may be additional noise generated in relation to such activity. However, in addition to several large-scale farming operations located in the immediate area south of Mamalahoa Highway,the noise generated from traffic along Mamalahoa Highway contributes to a high level of ambient noise. It is unlikely that agricultural or other use of the proposed new lot will generate enough noise to be problematic. 25. Existing Archaeological, Cultural or Historic Sites on National or State Register The Site has been used for residential purposes since 1956,when the existing dwelling was constructed. As such, the existence of any surface or subsurface archaeological remains is extremely unlikely. The existing dwelling is not historically significant and is not listed on the National or State Register of Historic Places. A no-effect determination relating to architecture was issued by the Department of Land and Natural Resources— Historic Preservation Division on April 28, 2012 (Exhibit 6). A no-effect determination relating to historic properties was issued by letter dated May 25,2011 (Exhibit 7). 26. Existing Flora/Fauna Resources The existing dwelling is irregularly shaped. Just to the south of it is a subsistence garden and scattered in various locations around the house are various trees, including a macadamia nut tree, avocado trees and ohia trees. The southern half of the Property is maintained in grass. Along the eastern boundary of the Property, scrub vegetation and ironwood trees form a functional windbreak along Haunani Gulch and Stream. The parcel has been extensively disturbed by over 50 years of residential and agricultural use and the only vegetation on the Site appears to be made up of introduced species. The Property was likely used for pasture prior to the construction of the existing dwelling. Due to the history of extensive disturbance, it is highly unlikely that the parcel contains any habitat for any federally or State listed candidate or proposed threatened or endangered plant or animal species. 27. Scenic or Coastal Resources The Property is not a coastal property and there is no access to either the mountains or the ocean from or through it. There is no view of the shoreline from the Property;however, there are views of the pu'u from the Property and from Mamalahoa Highway. The proposed Project is not expected to impact the existing views of the pu'u. 28. Valued Cultural Resources 15 Fuinie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Applicant is not aware of any traditional and customary native Hawaiian rights that are exercised in the area as it has been in residential use for over 50 years. 29. Public Access There is no existing public access to and along the shoreline or to mountain areas through or proximate to the Property. 30. Social Settlement Pattern for the Area ( Waimea Town is a rural community that has a long and proud history. It is situated on a plateau of the Kohala Mountains. Historically,unlike many other parts of Hawaii, Waimea Town was not affected socially or economically by the rise of large scale plantations and the influx of immigrant labor necessary to support such operations. There were no such plantations in South Kohala. However, Waimea was greatly influenced by the ranching and cattle industries. Parker Ranch was founded in 1847 and has evolved into one of the largest privately owned ranches in the world. Parker Ranch is a major landowner in South Kohala. Waimea has many historic and cultural resources. Notable native Hawaiian cultural sites include heiau, the Lalamilo Field System and various agricultural,habitation, religious and burial sites. Paniolo sites include the Parker Ranch Race Track and associated buildings as well as other Parker Ranch related sites primarily associated with ranching activities, stables, corrals, former dairy sites, and Anna Ranch. Also notable are historic churches and homes of the Parker Ranch"Foundation Families". Waimea has a rich agricultural history, which includes ranching, crop production and diversified agriculture. Despite significant growth over the past decade, it has retained its rural character. 30. Economic Resources of the Area Waimea Town's economic base is rooted in agricultural activities such as ranching and crop production. However,the economic base has been somewhat diversified over the years to include astronomy, education and health care. During the early and middle parts of the 20th century,many Japanese farmers settled in Waimea. They continue to contribute to Waimea's rich agricultural history,with many of these families continuing agricultural activity in the Lalamilo Farm Lots area. Although tourism is the leading economic industry in South Kohala as a whole,Waimea is well known for cattle ranching,vegetable production and other forms of agriculture. It is one of the most productive areas for vegetable crops on the island. A variety of crops can be successfully cultivated in Waimea due to the highly varied climatic conditions on the wet east side of Waimea and the dry west side of town. The cattle industry utilizes { most of the land within the South Kohala District as pasture. Parker Ranch has approximately 230,000 acres of grazing land that supports 45,000— 50,000 head of cattle. 16 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Experimental research on the potential of different crops and the increase of current crop production is ongoing at the Mealani Research Station,which is affiliated with the University of Hawaii's College of Tropical Agriculture and Human Resources. In addition to agriculture and ranching activities,Waimea Town also supports astronomy. ( It is home to the Canada-France-Hawaii Telescopes' base facility and the headquarters of the W.M. Keck Observatory. Several new telescopes have been planned for Mauna Kea. With the existing astronomy base in Waimea, it is possible that these ventures may choose to locate their base facilities in Waimea Town. Waimea Town is home to several schools, including Hawaii Preparatory Academy and Parker School, both of which are private. It also has three separate performing arts centers. The North Hawaii Community Hospital, also located in Waimea, is the County's 14th largest employer. 31. Land Values According to the Hawaii County Real Property Tax website, land values of agriculturally-zoned parcels in the immediate area range from$131,700 to $463,200. Parcels across Mamalahoa Highway were not analyzed as they are all much larger than the Property. 32. Land Use and Zoning of Surrounding Lands As described above, the surrounding areas are situated within the Agricultural District and have various agricultural zoning(i.e.,A-la, A-3a, A-5a, A-40a and FA-3a). Aside from the Kamehameha School Pre-School and Hawaiian Homes Hall, surrounding uses are generally a mix of agricultural and residential. Lot sizes in the immediate area range from 26,000 square feet to over 43 acres. IV. PUBLIC FACILITIES AND SERVICES 33. Description of Access The Property takes access from Kakanihia Road, a private, graveled 30-foot roadway. The requested land use changes,if approved, would result in one additional lot taking access from Kakanihia Road. There appears to be an unnamed 15-foot Government Road delineated on the tax plat maps that would bound the Property on its eastern side, across Haunani Gulch and stream. However, due to the existence of Haunani Gulch and stream, it is not practical to propose that the lot take access from the Government Road. 34. Availability of Water 17 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone Preliminary discussions with DWS indicate that water can be made available from existing waterlines on Mamalahoa Highway. 35. Sewage Disposal There is no municipal sewer service in Waimea Town. As such, any new residential construction would be required to install an individual wastewater system. However,no construction is proposed at this time. 36. Solid Waste The nearest solid waste transfer station is located on the dry side of Waimea Town, near Waiaka Stream. 37. Police and Fire Protection The Site is located within the service areas of the County Waimea Fire and Police Stations. 38. Schools Waimea Town is served by Waimea Elementary School and Waimea Middle Public Conversion Charter School, as well as by Kanu 0 Ka Aina Public Charter School and Honokaa High School. Private Schools include Hawaii Preparatory Academy and Parker School. The proposed project will result in an increase of one lot, which may be conveyed to Applicant's son for agricultural use. The Project is not expected to result in impacts to the school system. 39. Parks Waimea Park and Anuenue Playground are Waimea Town's signature park and recreational facilities. Waimea Park's amenities include an outdoor recreational sports complex, including facilities for baseball and soccer. Due to deterioration over time and changes to playground safety standards, community volunteers and County Parks and Recreation staff have been inspecting the facilities at Anuenue Playground over the past few years and replacing rotten and/or dangerous components such as the wooden swing sets. In addition to Waimea Park, Parker Ranch has rodeo facilities on the dry west side of Waimea. Waimea Church Row is separated from Mamalahoa Highway by a large grassed lawn that is maintained by the County and listed as a park by the General Plan. 40. Utilities and Services All utilities are available via overhead lines along Mamalahoa Highway. 18 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone V. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 41. Relationship between short term uses of environment and maintenance and enhancement of long term productivity. The Property has been used for residential and subsistence agriculture purposes for many years. Prior to residential use, it is likely that it was also used for pasture. If the proposed land use changes are approved, and Applicant is allowed to subdivide the Property,the long term use of the Property for residential and agricultural purposes would continue to be appropriate. The proposed land use changes would allow the Applicant, who is elderly, to put her affairs in order with regard to disposition of her assets. The lower half of the Property is presently vacant of any productive use,yet requires constant maintenance to keep it from becoming overgrown and unsightly. Subdivision and conveyance would allow a more productive use of the land, especially in light of Applicant's intention to convey the new lot to her son for use in cultivation of { seedlings as well as processing of the produce he grows. 42. Mitigative Measures proposed to avoid, minimize, rectify or reduce impact. Applicant has not identified any significant impacts that the proposed land use changes might have on resources or public services. Although the Property has frontage on Mamalahoa Highway, access will be taken off of Kakanihia Street in order to limit access points on the busy Mamalahoa Highway. 43. Alternatives to the proposed development. Alternatives to the proposed development include the following: • Leaving the Property as-is: Under this alternative,Applicant would not be able to divide her Property into two lots. The lower half of the Property could still be used for agricultural purposes;however, in the future, division of her Property between her children would be more difficult. • Reclassification to a different State land use district and rezoning to a different zoning district: Applicant could request a district boundary amendment to the Urban District and corresponding residential zoning. However, due to the make up of the surrounding land uses and community, this alternative would not be practical and would have a low likelihood of being approved. Additionally, the Property and surrounding properties are generally used for agricultural and residential purposes. Applicant has no desire to create an urban enclave within a larger rural and agricultural area. 19 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone 44. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented. The Site has been in residential and subsistence agricultural use for over 50 years and is situated within a rural area consisting largely of farms (both large and small) and residences. Due to the previous residential and agricultural use of the Property, it is not likely that there are any natural resources relating to the Property that would be irreversibly and irretrievably committed should the requested change of zone be approved. VI. STANDARDS OF REVIEW 45. Granting this request would promote the effectiveness and objectives of chapter 205, HRS, as amended. Although the Property is generally surrounded by Agricultural District lands, there are lands situated within the Rural District approximately one and one-third miles west of the Property. Likewise,these lands are also zoned RA-.5. These lands are identified by TMK: (3) 6-4-001: 124, 140, 160, 161, 162, 165 and 166. Hawaii Administrative Rules ("HAR") Section 15-15-77, Decision-making Criteria for Boundary Amendments, provides that a boundary amendment shall not be approved unless it is reasonable,not violative of Section 205-2, Hawaii Revised Statutes("HRS") and consistent with the policies and criteria contained in Chapter 205 and 205A, HRS. Specifically, among other things, the following must be considered: • The extent to which the proposed reclassification conforms to the applicable district standards; and • The County General Plan. The proposed district boundary amendment is consistent with the standards contained in Section 15-15-21, HAR, and the proposed use of the Property is also consistent with the permitted uses provided in Section 15-15-27, HAR(see discussion below). Further, the proposed district boundary amendment is consistent with the General Plan's Low Density Urban LUPAG designation. 46. The proposed reclassification of the Property to the Rural District conforms to the applicable goals, policies,standards and courses of action of the General Plan and implementing ordinances,plans and documents. The General Plan's LUPAG map designates the Property as LDU. As discussed above, the LDU designation is intended for residential use, with ancillary community and public 20 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone uses, and neighborhood and convenience-type commercial uses. As such, the proposed project is consistent with the LDU designation. The SKCDP's Policy No. 2,Responsible Growth: Moderate the Pace of Growth and Change in Waimea, contains Strategy 2.4,Amend the LUPAG map by reducing the acreage of LDU land in Waimea Town, which states: The "Low Density Urban"areas on the LUPAG map include some existing development, but also include important cultural,historic, agricultural, and open space lands both mauka and makai of Mamalahoa Highway...further development of these areas would continue the"suburban sprawl" development pattern that is not compatible with the goal of preserving Waimea's "sense of place". The Property is situated in an existing subdivision, consisting of lots ranging in size from 0.095 acres to 1.731 acres. The two lots directly across Kakanihia Street from the Property are 0.598 acres and 0.723 acres. Reclassification to the Rural District, related change of zone to RA-.5 and subsequent subdivision of the Property will not contribute to "suburban sprawl"and is entirely compatible with the surrounding areas. The SKCDP's Policy No. 3, Environmental Stewardship, Strategy 3.1, Protect Important Agricultural Lands, states as follows: The LUPAG maps for South Kohala show Important Agricultural Lands in a broad band about 1.2 miles wide north and south of the first 1+mile of Kohala Mountain Road, in a broad area that includes most of the DHHL Puukapu lands, and in the southeastern sector of the South Kohala District in the vicinity of the Saddle Road/Mamalahoa Highway junction. These lands should be used for extensive and intensive farming and ranching, and should not be rezoned for urban or suburban-type land uses. The LUPAG designation of the Property is LDU, not Important Agricultural Lands. The SKCDP also contains Action Programs to implement the policies and supporting strategies. One of the programs is called the Small Farms & Ranches Program, which is targeted at having the County either purchase in fee or acquire conservation easements for small farm and ranch lots 10 or more acres in size fronting Mamalahoa Highway in East Waimea. The purpose of this program is to preserve the view of these lots from Mamalahoa Highway in that many of them are still intact and maintained in some form of open space,which contributes to the rural and paniolo character of Waimea. The Property is located within this program area;however, as it is just over one acre in land area, the Small Farms & Ranches Program does not seem applicable. The new lot is intended for agricultural use by Applicant's son. 21 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone 47. The extent to which the proposed reclassification conforms to the applicable Rural District standards, as contained in the State Land Use Commission Rules, HAR Section 15-15-21, Standards for Determining Rural District Boundaries, states as follows: (1) Areas consisting of small farms;provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) It may also include parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agriculture uses. In addition to the above standards for determining the Rural District boundaries, HAR Section 15-15-27, Permissible Uses within the Rural District, includes agricultural and related uses, as well as low-density residential lots of not more than one dwelling per one-half acre. The requested reclassification from the Agricultural District to the Rural District conforms to the above standards for determining Rural District boundaries. It is situated within a small subdivision of lots ranging in size from 0.095 acres to 1.731 acres, all used for residential and agricultural purposes. The proposed reclassification and related change of zone would allow Applicant to subdivide the Property into two lots, each just over one-half acre in area, and would allow for the construction of one single-family dwelling on the proposed lot, consistent with the Rural District standards. However, no residential construction is planned at this time. East Waimea does not have a city-like concentration of people or an urban level of services or infrastructure. It is a rural area, generally consisting of crop production and ranching enterprises and residential use. As such,the requested reclassification is consistent with the Rural District standards. 22 Fumie Bonk Application for State Land Use District Boundary Amendment& Change of Zone EXHIBITS Exhibit 1: Location Map Exhibit 2a: Plot Plan ( Exhibit 2b: Metes and Bounds Description Exhibit 3: FHAT Report Exhibit 4: Google Aerial Photo Exhibit 5: History of Bonk Family Farming Exhibit 6: SHPD No-Effect Determination(Architecture) Exhibit 7: SHPD No-Effect Determination(Historic Properties) Exhibit 8: Tax Clearance 23 - . . • , 11.3. , . . • ‘. • --- • v - „.I • I.-. - X . El -'41i70-'et • ..... 0' . I 0 ..,,,,......„......,-,.....,„---- . . -,.. , rzl ,-,';' -•:.-'0,1=4, 1'4 1 m t‘,` 'ke.t %, : ,. t.;',...;;4 4) 0 •-•i...T.!4 i t 0 a.tl) ., . ..,_ ,,, i.- . .. 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' * X ' ' ' UB T - ' — 1 , ..., ..,,s.:, •-. • -.:,. .A. —2, -....'-'.,..:.., .ter• 4 OF 2 ' , : •' - i i4.:,':-,--'• ,. 2 <4'... ■•:f.-,..„,,. ...,,7_;;".., ?; .,,,.-2,.,::;:_., . , -9 7, ,f,. ,.:,,K 1.!,.f• ?4, ;-' ''" •4,',;< .• ;3i •-t- ,433:3•• ,A. •.-:'433•14. 3 :13,: ::, V..4, ', 7 o n Lot 3-B Lot 3-A Gahn 0 0 e eta Q = g la Iy o CC 1 (bp} •PP 264'05'30' B�NK-2A 1 z rasa 106.08 1--• LU Pvc Rem W et et - I� 7� SO < 0 o 88 co ce v. I- ., 4 I o m Lot 1 Goof Hawaiian Land 1. �' Department of Hawaiian Horne Lande 771 N a I Owner arzei MK M I LOT 2-A 0.502 ACRE • 40 ili I 1/r RPC Rc er 264'25' 75.90 < 'I $ 001-3 1/91 r PIPE — A ,��6•A0 317.03' 32.65 k.\-. POT 801(3A I n•I ^i'15;,./7 1 naii ya' — 7I ( Z LOT 2-8 y^ 1 < 0.502 ACRE .° aY.x-2=i mo 00 a.wf 00 Y tI mNO 977 3 q grUll h r z ;, — • Row Q Pass P1t scr u o 26.59 I" _j y,�a 120.;P 35276'30 •P2121 . .rte; f°tsrfF,{F �_���- PPn.o.eo,;• esea.x 73.56•—77.40 H I G H W A Y M A M A O A ------- 12/270 wdt. •11.172-2 • BONK-1 • PLAN SHOWING REZONING MAP FOR THE PROPOSED SUBDIVISION • 1)I OF LOT 2 OF THE VREDENBURG ESTATE PARTITION INTO LOTS 2—A AND 2—B t T s4,4 BEING A PORTION OF GRANT 4017 TO 1111CDES1101121.O°NSF11 1ILMOT VREDEBBURG * * Ds sres Survey and Plan by Island Survey, Inc. �y tl P.O. Box 4215• Hilo, Hawaii 96720 June 15, 2012 mle work wee prepared by me or under my,perdeton. l OWNERS: FUMIE BONK, TRUST WILUAM JOHN BONK, TRUST P.O. Box 1648 Kamuela, Hawaii 96743 ROBERT T.SHIRN,PLS State of Hawaii Cert.No.LS-5885 Ueenee Explrew Apra 30 2014 ITax Map Key.(3)6-4-001:099 R-1155 Size: 15" x 21" = 2.19 Sq. Ft. ( EXHIBIT 2a DESCRIPTION LOT 2 Being a Portion of Grant 4017 to Wilmot Vredenburg Situated at Puuka p u Homesteads, First Series, South Kohala, Island of Hawai i, Hawa ii Beginning at the northeast corner of this parcel of land and on the west side of a 15-foot Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "EAST BASE" being 4,029.11 feet North and 6,235.65 feet West and running by azimuths measured clockwise from True South: Following along a 15-foot Government Road for the next five (5) courses, the azimuths and distances between points being: ( 1. 351° 45' 181.00 feet; { 2. 264° 25' 75.90 feet; 3. 317° 03' 32.85 feet; ( 4. 26° 39' 141.57 feet; 5. 352° 16' 30" 26.59 feet 6. 73° 56' 77.40 feet along the north side of Hawaii Belt Road; 7. Thence along a 30-foot Road, along a curve to the right having a radius of 20.00 feet, the g , chord azimuth and distance being: 121° 13' 29.39 feet; 8. 168° 30' 350.99 feet along a 30-Foot Road; 9. 264° 05' 30" 106.11 feet along Lot 3-B to the point of beginning and containing an area of 1.0046 acres. EXHIBIT 2b The above description has been compiled from a map prepared by Chas. L. Murray dated May 15, 1962 and filed at the Planning Department, County of Hawaii. July 10, 2012 ISLAND SURVEY, INC. Hilo, Hawaii &PT T. sy/99 LICENSED PROFESSIONAL * LAND *. SURVEYOR No.5985 TMK: 6-4-001:099 y ROBERT T. SHIRAI TWA!! U S Licensed Professional Land Surveyor 5985 License expires 04/30/14 • f EXHIBIT 2b ';t..t iA:7 State of Hawaii '" p FLOOD HAZARD ASSESSMENT REPORT ZONE AE ' `�•.,"�' ; � ` , . -104 ir. II*4-0.,. , ,QI lid \ I elk AMP .. ,. ,4 . 10410;'' 4 . • 161 7C t `. '` Te 1ON AE n �� �..�; P'/i 20 AE uKA 1i,';. *05 IONE X ___,.. .4-• -•',77-1-*,,,,-0. ,,,,,,,,:\.. `r,"*"'ke iiip.oac\t, ', ,.-A \\ ---- t y .TddO! ln!alytlMtjM `r:1 %--- 1 \� it , a169G . ::, litS Aggiettiii4.? ‘ \ iF NATIONAL FLOOD INSURANCE PROGRAM FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD—The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)6-4-001-099 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 64-712 KAKANIHIA ROAD The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. KAMUELA,HI 96743 Areas of Special Flood Hazard include Zone A,AE,AH,AO,V,and VE. The Base Flood FIRM INDEX DATE: APRIL 02,2004 Elevation(BFE)is the water-surface elevation of the 1%annual chance flood- Mandatory LETTER OF MAP CHANGE(S): NONE flood insurance purchase applies in these zones: FEMA FIRM PANEL(S): 1551660167C . Zone A: No BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 16,1988 ® Zone AE: BFE determined. ■ Zone AH: Flood depths of 1 to 3 feet(usually areas of ponding);BEE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. ■ Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM: JULY 2011 ( ■ Zone VE: Coastal flood zone with velocity hazard(wave action);BFE determined. IMAGERY DATA FROM: MAY 2005 ■ Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. County NFIP Coordinator t( NON-SPECIAL FLOOD HAZARD AREA—An area in a low-to-moderate risk flood zone. County of Hawaii i. No mandatory flood insurance purchase requirements apply,but coverage is available in Frank DeMarco,GEM (808)961-8042 participating communities. State NFIP Coordinator Carol Tyau-Beam,P.E.,CFM (808)587-0267 ■ Zone XS(X shaded): Areas of 0.2%annual chance flood;areas of 1%annual chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer:The Department of Land and Natural Resources assumes than 1 square mile;and areas protected by levees from 1%annual chance flood. no responsibility arising from the use of the information contained in this report.Viewers/Users are responsible for verifying the accuracy of the l I Zone X: Areas determined to be outside the 0.2%annual chance floodplain. information and agree to indemnify the Department of Land and Natural OTHER FLOOD AREAS Resources from any liability,which may arise from its use. Preliminary DFIRM Disclaimer:If this map has been identified as ® Zone D: Unstudied areas where flood hazards are undetermined,but flooding is "PRELIMINARY",please note that it is being provided for commenting possible. No mandatory flood insurance purchase requirements apply,but coverage purposes only and is not to be use for official/legal decisions or is available in participating communities. regulatory compliance. EXHIBIT 3 64-712 Kakanihia Road,Kanniela,HI-Google Maps https://maps.google.com/mapsTh1=---c To see all the details that are visible on the screen,use the"Print"link next to the map.• 4 ■ ....$.# e• t, M. r A 7vY . . i ;its 9 eir - _ ; y j,� ,# .,,rte' a 1 n„,... s' t woo\P9 ?'- /f"6 j'P+ EXHIBIT 4 1 of 1 7/4/2012 11:25 PP • BONK FAMILY FARMING HISTORY Fumie Bonk's son, Seizen Bonk,is the owner, manager and lead farmer of Kozen Farm. Seizen currently leases farmland from the Heibei and Kotoyo Fukuki Trust in Waimea and grows a wide array of vegetables for the Hawaii Island and Honolulu markets,including burdock,beets,kale, daikon, araimo, corn,lettuce,string beans and French beans. Much of Seizen's produce is sold to Marukai Market, KTA,and Armstrong Produce. Seizen and his wife, Marlene, also market their Waimea fresh vegetables on Saturdays at the Waimea Farmer's Market at the Hawaiian Homelands market site on Mamalahoa Highway,just east of the subject property. Fumie Bonk, applicant in the subject State land use district boundary amendment and change of zone applications,wishes to subdivide the subject property in order to separate the farmable portion from the house site in order to create a space for Seizen to use in association with his ongoing agricultural activities. The subject property is located directly across Kakanihia Street from Seizen's residence. Seizen plans to construct hothouses for his seedlings on this portion of the property and also plans to utilize the existing Quonset hut/warehouse structure that was built by his late father,William,and younger brother, Ken. He plans to utilize the structure for washing and packing the produce and flowers grown by Kozen Farm. Given the location of the subject property, across the street from his residence and proximate to the Waimea Farmer's Market site, it would be very convenient for him to have his hothouses and processing operation in this location. Seizen Bonk began truck farming on Hawaii Island in the mid 1970s. He initially leased farmland in Waimea and Ahualoa to grow zucchini, French beans,eggplant, soybeans, corn, daikon,burdock and other vegetables for Hawaii Island's local market. Ken Bonk joined Seizen in the late 1970s and they formed Bonk Brothers' Farm,which they operated though the early 1980s on land they leased in Waiakea Uka. Bonk Brothers Farm had a half decade of good years growing ginger root for both the local and mainland markets. Bonk Brothers exported their ginger to the gourmet markets of New York City and the Canada Dry Ginger Ale Company. Bonk Brothers eventually lost the ginger market after being undercut by Fijian competition and shortly after,they split up to work on their own farms. When the Stats of Hawaii opened farmland on Molokai to young farmers in the 1980s, Seizen relocated to Hoolehua. His Molokai farm produced sweet potatoes, sweet onions,watermelon,papayas and other diversified vegetables and flowers. Seizen worked at his Molokai family farm throughout the 1990s and into the new millennium. At the time Sezen relocated to Molokai, Ken obtained a State farm loan to buy land in Mountain View,where he grew organic niche crops for the Kohala Coast hotel restaurant markets. He began experimenting in niche and gourmet crops such as miniature zucchini,eggplant,yellow French beans and edible flowers. Ken sold his Mountain View property in the late 1990s and moved to the applicant's Waimea family home on the subject property. He raised his children as a single dad and helped to care for his parents. Ken Bonk has continued to periodically grow EXHIBIT 5 BONK FAMILY FARMING HISTORY crops on the subject property for the past decade. Seizen eventually moved back to Waimea in 2001 and built his home on land across from his parents' home. Currently, Ken is the primary caregiver to the applicant. He has expanded a large table fresh subsistence garden situated along the south side of the residence he and his late father William built over three decades. Ken shares the produce from this large garden with his family,his neighbors, old family friends in Hilo and with their Honolulu family and friends. Both of the Bonk brothers,Seizen and Ken,have been active farmers for the majority of the past 40 years or so. They are well known in the community for their as much for their hard work and dedication to agriculture as they are for their produce. Waimea Town is EXHIBIT 5 NEIL ABFBC.ROMBIE -t�,rOF ; W[LL[AIRJ.AMN JR. GOVERNOR OF HAWAII �* .\0 ga 'Y_k'y' BOARD OF LAND AND NATURAL RESOURCES ����tt;r COMMISSION ON WATER RESOURCE MANAGEMENT PP },•:.\,e.b.. 1 GUY H.KAULUKUKUI and 1' *�.;.{4 L FIRST DEPUTY cfc 1N'- • L 7', ,- `1. DEWIY DBlL{70R--WATER AQUATICNREES IA-7* r�' ♦.,14 w11 }a,.�..f,;a, BOABOREAUOF CONVEYANCES pN G COMMISSION ON WATER RESOURCE MANAGEMENT �=' CONSERVATION AND COASTAL LANDS \1,-7:` STATE OF HAWAII CONSERVATION AND RESOURCESIXFORCH$fT ENGINEERING ' a►+I DEPARTMENT OF LAND AND NATURAL RESOURCES �YPSSESERVATEIN KAHOOIAWE ISLAND RESERVE COMMISSION D HISTORIC PRESERVATION DIVISION STA ►UP STATE IAN KAHUHIHEWA BUILDING 601 KAMOKILA BLVD,KAPOLEI HI 96707 DATE: April 28,2012 LOG: 2012.1075 DOC: 1204RS52 TO: Michael Moore Architecture Yeh and Moore 85 W.Lanikaula Street Hilo,HI 96720-4199 SUBJECT: Section 6E-42 Historic Preservation Review Permit# (None) Owner: Fumi Bonk Location: 64-712 Kakanihia Place,Kamuela Tax Map Key: (3)6-4-001:099 Date Received by SHPD: April 18,2012 Description of Project/Undertaking: State Land Use District Boundary Amendment to allow for subdivision of the property Area of Potential Effect(APE): Parcel Description of Resource: 1.046 acres,including single family dwelling,accessory structures,Quonset hut storage structure Eligibility: House and auxiliary structures initially constructed in 1956 but are not eligible due to major renovations undertaken in 1978. No detailed information provided for Quonset hut. Documentation Received: Four photos of parcel,parcel map SHPD Determination; In terms of architecture,the Boundary Amendment itself would have no effect on historic property. Any future alteration of the Quonset hut would require new consultation. Any questions should be addressed to Ross W.Stephenson,SHPD Historian,at(808)692-8028(office),(808)497- 2233(cell)or ross.w.stephenson®hawaii.gov. Mahalo for the opportunity to comment. / 1 # ... --i) -• - rf, -- -Th, MAY I 0 2012 ' Angie Westfall -- ! Architecture Branch Chief,Hawaii Historic Preservation Division By In the event that historic resources,including human skeletal remains,lava tubes,and lava blisters/bubbles are identified during construction activities,all work should cease in the immediate vicinity of the find,the find should be protected from additional disturbance,and the State Historic Preservation Division should be contacted immediately at(808)692-8015. EXHIBIT 6 WILLIAM J.AILA,M.CHAIRPERSON NEIL ABERCROMBIE 'fir""'. , BOARD OF LAND ANTI NATURAL RESOURCES GOVERNOR OF HAWAII /.l *I;5 7 COMMSSON ON WATER RESOURCE MANAGEMENT i GUY ULPUKTUKUi 1 • Vcd'"d E �•� - Ey, WILLIAM M.TAM � � � DEPUTYDIRECTOR-WATER � AQUATIC RESOURCES --_a@ 0r BOATING AND OCEAN RECREATION BOATING '' BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT —" 11 RVATiVATION AND COASTAL LANDS STATE OF HAWAII COISERVATION AND RESOURCES ENFORCEMENT \` DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY PRESERVATION RV TION 4;i4-14-00. HIEI!SUMO RESERVEION KAHOOLAWE!SUMO RESERVE COMMISSION STATE HISTORIC PRESERVATION DIVISION wro fl 601 KAMOKILA BOULEVARD,ROOM 555 STATE PARKS KAPOLEI,HAWAII 96707 May 25,2012 Michael Moore LOG NO:2012.1504 85 W.Lanikaula St. DOC NO: 1205MV30 Hilo,HI 96720-4199 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for a Letter of Determination for the Bonk Residence Waimea Ahupua`a,South Kohala District,Island of Hawaii TMK:(3)6-4-001:099 Thank you for the opportunity to review this proposed project that was received by our office on April 20,2012.We apologize for the delayed review and thank you for your patience. According to the letter, Mrs. Bonk intends to subdivide the property,and in order to do so,she will need to obtain a land use district boundary amendment and a change of zone. A review of our records indicates that there are no known historic properties located within this subject parcel. Our records also indicate that there have been no archaeological surveys undertaken on this property. However,aerial photographs as well as the photographs submitted with this application indicate that the project area has been cleared for residential and pastoral uses. Therefore it is un-unlikely that historic properties remain intact in this project area. SHPD believes that no historic properties will be affected by the proposed subdivision and associated land designation changes. In the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits,or lava tubes are identified during construction activities, please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808) 933-7653. Please contact Mike Vitousek at (808) 652-1510 or Michael.Vitousek(a;Hawaii.gov if you have any questions or concerns regarding this letter,and to arrange for a mutually beneficial date and time to visit this property. Aloha, 44, Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division ti r .L i it . i MAY 30 2012 L u ., EXHIBIT 7 William P.Kenai . v.i. ''..• Nancy E.Crawford Mayor C- '• Finance Director ��11 •r.... Deanna S. Sako �. � . Deputy Director County of Hawaii DEPARTMENT OF FINANCE-REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720-4679 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)96I-8201 • Collections(808)961-8282 West Hawai`i Civic Center • 74-5044 Me Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)3234880 REAL PROPERTY TAX CLEARANCE (Rev. 07/99) s 5 t x M t-A"- Date: June 27, 2012. ,, r;+ 1. TMK(s): (3) 6-4-001-099-0000 , :;s fl This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2011-2012, up to and including June 30, 2012. r' The County.;of Hawai`i's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. il This clearance was requested on behalf of BONK, WILLIAM JOHN TRST& BONK, FUMIE TRST(owners of record), for the County Planning Department , r 74i and,is issued for the above referenced parcels) only 't l *k .fie# to Wesley Mundon,Tax Clerk , t REAL PROPERTY TAX DIVISION ty 0, '8 t" 4 ? ii 1 0. r t. 3 411� PAID UP TO AND INCLUDING June 30, 2012 ' F y x e't b r ale • ..�, �� l � .+ , , i AP �...w .,e 5a' & t 1 ,„ a 44 t @ a£cj y a} F ..:2 xk� f° L 51.M5j w fi K 4 I_ Hawai`i County is an Equal Opportunity Provider and Employer ( EXHIBIT 8 1 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 15, 2011 Memorandum TO B.J. Leithead-Todd, Planning Director Planning Department FROM : Ben Ishii, Division Chie ''V _ Engineering Division SUBJECT : State Land Use Boundary Amendment Application (SLU12-000034) Change of Zone Application (REZ12-000156 ) Applicant: Fumie Bonk Location: Puukapu, Waimea TMK: 3/6-4-001:009 We reviewed the subject application and our comments are as follows: 1. Mamalahoa Highway, the County road fronting the subject property to the south, is an arterial road. Direct vehicular access to the individual lots shall not be from Mamalahoa Highway. 2. Kakanihia Place, fronting the west side of and serving the subject property, is a private, one lane gravel subdivision road with grass shoulders, all within an approximate 30 ft. wide right-of-way. Kakanihia Place presently also serves 8-10 other parcels. The gravel traveled lane is approximately 13 feet wide. The existing Kakanihia Place approach to and within Mamalahoa Highway right-of- way is not paved. Kakanihia Place does not meet current Subdivision Code standard width of improved traveled way (20 feet) and right-of-way (50 feet) for an agricultural standard roadway serving agricultural zoned for parcels 3 acres or more in size. The parcels served, although zoned for 40 acres minimum, are all less than 2 acres except for one 8-acre parcel. Therefore, an inconsistency already exists in the existing lot sizes relative to existing zone designation. This rezoning to a half-acre minimum lot size calls for consideration of an upgrade of the roadway to current or other standards, particularly because such actions may trigger additional up-zoning requests. If approved, the subject action sets a precedent for future such actions. Planning Dept. Exhibit Z. • Memorandum to PD • • August 15, 2012 Page 2 of 2 3. An appropriate area road improvement would be to improve the Kakanihia Place approach to Mamalahoa Highway to a 24-foot minimum paved width with 20-foot minimum return radii (From Guidelines for Driveway Location and Design - Institute of Transportation Engineers) with any necessary relocation of utilities; meeting with the approval of the of the Department of Public Works. In addition, a 20-foot pavement width should be continued within the private road not less 40 feet with a 50-foot long graveled transition to the existing gravel road width. Such improvement will allow for 2-way traffic to at and just inside of the approach and minimize tracking of gravel onto the County Road. 4. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Driveway approaches shall conform to County standards Details. Intersection sight distances shall meet AASHTO guidelines. Should there be any questions concerning this matter, please free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA Hawaii County is an equal Opportunity Provider and Employer 111 SGACc 1,�` !19'. 49! • `ooG Vit,,, DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII y'�OFyAWp\\,P'r 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 August 28, 2012 ;.S r= TO: Ms. BJ Leithead Todd, Director r., Planning Department • `7 FROM: Quirino Antonio,Jr., Manager—Chief Engineer o-ryy SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 12-00th4) REQUEST:AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION(REZ 12-000156) APPLICANT—FUMIE BONK - REQUEST: A-40A TO RA-.5A TAX MAP KEY(3)6-4-001:099 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch waterline within Mamalahoa Highway fronting the subject parcel. The subject parcel is served by an existing 5/8-inch meter, which is limited to an average daily usage of 400 gallons 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 one(1)additional lots 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. Please note that the water commitment deposit will be credited towards the final facilities charge due for the subdivision. Please be informed that final subdivision approval will be contingent on the following conditions: 1. Construct necessary water system improvements,which shall include, but not be limited to,the following: a. extension of approximately 120 feet of 6-inch water main along proposed Kakanihia Road capable of providing water at adequate volume and pressure under peak-flow and fire-flow conditions, b. service laterals that will accommodate a 5/8-inch meter fronting the additional lot, c. relocate existing service lateral to front the appropriate lot, cut and plug existing lateral at the main, and d. 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. Planning Dept. Exhibit 3 . . .Water, Our 9.Vost Precious Resource. . . Wai Kane . . . 080768 The Department of Water Supply is an Equal Opportunity provider and employer • • Ms. BJ Leithead Todd, Director Page 2 August 28, 2012 Construction plans, prepared by a professional engineer registered in the State of Hawai`i, showing the above improvements must be submitted for review and approval. 2. Remit the prevailing facilities charge,which is subject to change of$16,500.00, as shown below: FACILITIES CHARGE (FC): One(1)additional unit of water a@$5,500.00/unit $5,500.00 Total Facilities Charge(subject to change) $5,500.00 This is due and payable upon completion of the necessary water system improvements and prior to final subdivision being granted. 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. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Since•- .urs, Q i(Antonio Jr.,P.E. Maria!):r-Chief Engineer copy- Fumie Bonk Michael W. Moore, Esq. • • """s; • William P.Kenos j 4ov� ,�'�.' Harry S.Kubojiri Mayor `. "����' Police Chief '�T. Paul K.Ferreira ..• Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-2389 August 15, 2012 TO . ; LETT AD •DD, PLANNING DIRECTOR CO OF HAWAI'I PLANNING DEPARTMENT AO FROM : ' A U H. �•A LOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : State Land Use Boundary Amendment Application (SLU 12-000034) Request: Agricultural to Rural Change of Zone Application (REZ 12-000156) Request: A-40a to A-.5a Applicant: Fumie Bonk Tax Map Key: 6-4-001:099 The above-referenced applications have been reviewed, and we have no comments or objections to offer at this time. Should you have any questions, please contact Captain Aimee Wana, Commander of the South Kohala District, at 887-3080. AW RS120482 SCANNED Planning Dept. gAti6 21 2017 Exhibit 4 By 9.14 -_ "Hawai`i County is an Equal Opportunity Provider and Employer" • William P i enoi • Mayor r'?S ' Darren J. Rosario y "s : .ter,., , Fire chief _-_-.�- k„'�;'• " a - Renwick J.Victorino if � rf o� 'j #�S S 7' �`` Deputy Fire Chief 21112 sr.,P (ounctp of athat` t HAWAII FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 August 29,2012 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM : DARREN J. ROSARIO, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 12-000034) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 12-000156) REQUEST: A-40a TO RA-.5a APPLICANT: FUMIE BONK TAX MAP KEY: 6-4-001:099 We have no comments to offer at this time in reference to the above-mentioned State Land Use Boundary Amendment application and Change of Zone application. DARREN J. ROSARIO Fire Chief TG:lpc Planning Dept. 0 8 1 1 0 2 4 xvv4/, Exhibit Hawai'i County is an Equal Opportunity Provider and Employer. lig j'iv os William 1'!Kenoi : Dora Beck,P.E. Mayor 'Y Acting Director Williamakaba rE• .... �,,, • OF Managingrp te�lor L:3 Count of Rafix t`t 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 : August 2,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director/2 Subject: State Land Use Boundary Amendment Application(SLU 12-000034) Request: Agricultural to Rural Change of Zone Application(REZ 12-000156) Request:A-40a to RA-.5a Applicant: Fumie Bonk TMK: 6-4-001:099 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.) (7) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) 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: Planning Dept. S Exhibit qO's O`3ti7 County of Hawaii is an Equal Opportunity Provider and Employer. William P.Kenoi -•; � �'/, :•: Dora Beck,P.E. Mayor _ "�'� Acting Director a William T.Takaba of Mt Hunter Bishop Managing Director Deputy Director County of Hawai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 Fax(808)961-8086 http://co.hawaii.hi.us/direetory/dir envmng.htm MEMORANDUM Date : August 2,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director /\ Subject: State Land Use Boundary Amendment Application(SLU 12-000034) Request:Agricultural to Rural Change of Zone Application(REZ 12-000156) Request: A-40a to RA-.5a Applicant: Fumie Bonk TMK: 6-4-001:099 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.) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) 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: 0 8 0 3 4 1 County of 1-iawai`i is an Equal Opportunity Provider and Employer. NEIL ABERCROMBIE LORETTA J.FUDDY,A.C.S.W.,M.P.H. GOVERNOR t 'At' ,10119.�� Director of Health • STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: August 24, 2012 co _ TO: Bobby Jean Leithead Todd —+ Planning Director, County of Hawaii FROM: Newton Inouye District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application(SLU 12-000034) Request: Agricultural to Rural Change of Zone Application(REZ 12-000156) Request: A-40a to RA-5a Applicant: Fumie Bonk Tax Map Key: 6-4-001:099 We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/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 12-000156.rj Planning Dept. 0 8 0 7 4 4 Exhibit ? South Kohala Traffic Safety Committee 2"!2 P,'-'S 29 Ei I: 34 P.O. Box 383375 Waikoloa, HI Ms. Bobby Jean Leithead-Todd-Director Hawaii County Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 808 961-8288 Fax planninq(a7co.hawaii.hi.us August 29,2012 Ref: Fumie Bonk Change of Zone Application (REZ 12-000156)TMK#6-4-001:099, Planning Department Comment Aloha.Director Leithead-Todd, I am Michael Price and reside at 68-1794 Auhili Loop in Waikoloa Village, HI 96738. I am the representing South Kohala Traffic Safety Committee(SKTSC)as its Chairperson. Previous documentation submitted verifies I am authorized to represent South Kohala Traffic Safety Committee as its Chairman. Thank you for the opportunity to provide written comment regarding this application. South Kohala Traffic Safety Committee can only comment on the traffic safety portion of the Application. The Application appears to meet the traffic safety policies and requirements of the South Kohala Community Development Plan Ordinance 2008 159 in its content. Application Section I Details of Proposed Use, Subsection 5.Traffic Impacts states that"There may be a slight increase in traffic due to the intended use of the new lot for washing and packing produce." Hawaii County Code 25-2-46(I)requires the Planning"Director shall review all development on the same or adjacent properties...,or in the immediate vicinity of the development". SKTSC assumes the Director will evaluate the total peak period traffic on Kakanihia Street and at Mamalahoa HWY intersection. Based on the application information and the Director's review mentioned above the SKTSC assumes there are no traffic safety impacts and therefore does not oppose approval of the application. I can be contacted at 883-2918 or whao a(�.hawaii.rr.com. Again thank you for this opportunity for the SKTSC membership to comment. Sincerely, Mike Price-Chair South Kohala Traffic Safety Committee CC: SKTSC Councilman Pete Hoffmann—Hawaii County Council Page 1 of 1 Planning Dept. 080751 Exhibit . ® ff A, ' ; .. ` E T A��i^ (. 2._ f r..r. 56 r 2: Monique van den Hurk 64-850 Mamalahoa Hwy. Kamuela, Hi. 96743 808-864-6646 To Whom It May Concern, I own the property located at the above address. It is under the name of Ohu Lani LLC. I received a letter from an attorney informing me that one of my neighbors is attempting to change a local zoning. I am NOT in favor of this request. Consequently, I am officially writing to protest my neighbors request to change a State Land and Use Boundary Amendment and to change an existing zoning from Agricultural 40 to Residential and Agricultural .5 acre. The request I am protesting is by Fumie Bonk TMK (3) 6-4- 001:099 Application 12-000156. I feel that the zoning change would impact the surrounding community and effect future construction in the area. If this zoning change were allowed I feel it would set a presedence and we would see more neighborhoods and overcrowding. This would result in the potential loss of our farm lands and agriculture and a loss of the open spaces and country feeling that represents Waimea. I have enclosed a copy of the letter I received for reference. Sincerely, onique an den Hurk Ohu Lani LLC Planning Dept. 080759 Exhibit 4 Law Offices of Yeh & Moore THOMAS L.H.YEH A Limited Liability Law Company uy@lav, MICHAEL W.MOORE mmoore®lavt 85 W.Lanikaula Street,Hilo,Hawaii 96720-4199 Of Counsel: Telephone (808)961-0055 Fax (808)969-1531 JILL D.RAZNOV jdramov®gmail. August 15, 2012 To: Surrounding Property Owners within 1000 feet From: Michael W. Moore,Esq. Re: State Land Use Boundary Amendment Application(SLU 12.000034) Change of Zone Application (REZ 12-000156) Applicant: Fumie Bonk TMK: (3)6-4-001:099, 1.6046 acres Dear Neighbor: This letter is to advise you that Fumie Bonk, the owner of the property located in Waimea along Mamalahoa Highway and accessed from Kakanihia Road, more specifically described as TMK: (3)6-4-001:099, Puukapu Homesteads, South Kohala District, Island of Hawaii (location map attached), has requested a State Land Use Boundary Amendment and a Change of Zone for her property. Mrs. Bonk is requesting the State land use district for her property be changed from the Agricultural District to the Rural District, and the County zoning be changed from Agricultural 40 acres to Residential and Agricultural .5 acre. This is to allow her to subdivide her 1.0046-acre lot into two 0.502-acre lots, so that she can give one of the lots to her son, Seizin Bonk. The applications were filed with the Planning Director on July 17,2017 and receipt was acknowledged on July 31,2012. A hearing date has not been scheduled. You will receive a second notice advising you when the hearing date is scheduled. If you have any questions or concerns, you may contact me at(808) 961-0055. If you wish to submit any written comments,please send them directly to the Planning Director at the County of Hawaii Planning Department at 101 Pauahi Street, Suite 3,Hilo, Hawaii 96720. Telephone inquiries can be made to (808)961-8288. The application and file is available for public review at the same address. Very truly yours, • LAW OFFICE OF YEH&MOORE A Limited Liability Law Company MIC L W. MOORE Attachment: Location Map ' O s +� f Ex 144> 0 IA •a i j 5 ),xt a ! ..,..,.....,....,irk ....- la 1 E-f 1 • •,-1 T. , Ix t a ... " ,L A' ' 7 E „. ,,..-./4rAr#1lVo.'IV; 4.4. . t:7 iiir/: ;:`', , , , . ,.. -1/4 d ` y i, _ �� , ® ,.3 ,,3 d ip _ s . .'� 6r .............Lsissi + . ''',.. ,. \ ..., ‘‘ t 0 S' I, 0 1 , ., v , ,;/ :if b i ` MT' i [ k �1 1 '017 ee'"` \\ a �Ir f t XI r •I s E0 Vj ,fi +� jf; \,p ., t *I E� _ ..,), -0.4:=-? ,,„k •- - A `----- - - a 4 Iv 7 %y.: a) 4 , _ ,„.a, . e 1,. : !:':04,, s, 7 GR..'CO___-_,.......______21,- 1 ' c.....-_- Q -i ;1 %SM' k' ..a?'�—"ra at1 { N • ! i �/ 't O A—I.it '� _•- ib.® iy a✓4.,'�� 1 ,/tee+4r Z f� �g j It r .EI i A*vier/ 6R. \t r.r twR ii it '� t® 4 1••(4!.µ'rut �C 141 T he • _i , , # a t t „ '}®--''yfrQ ss i .. 1 I . 4i L1 41.. ® +5lr :II i floW I." --1::)IJb-r----- I 14. tk IF4 IT '' — -4'2- --,--,;---7-1---, :aa._,--- - i r,..C.° 1 w .,6.„, #.V•'►..� * **a�O • y X A „loci -�.-`.�— h wit yc' I. ; ; t ;H �0 ° 0 — , • 3 sad r• N. \� ^e b ...w:—,,. � �ti 'V , O . �nr - a L 4Oi I i ...11-5...... •� .�•• t r at • N r.r pa h 2 , f _ C' •rf rr,rr W 11. fit�Mf 7 t i r?i P�:[{ q •7 f z: • .- I,a`` .._��• ; S t IL p iy �- �. S - -..r i,< 4..”,pp M� �-- i 11 i ,� iii 4E S .� R, w 1. e1ttp l :►'f' :i ;"+R- »'1 v0 E,�'m IIP It #' r ' Ftli� •.. •-1;•1_;:�_t :E'.•4• •,e kip_ ��s7r:i e• , .r. .. ..Y t.:• _• .r. .� _oN• r.; $I • SEp _to?Q 1Z RECEIVED Qa Nancy L. Jones , +uwAli PMB # 253 65-1158 Mamalahoma Hwy. Suite 8A apr. Kamuela, Hawaii 96743 Leeward Planning Commission Re: Land Boundary Amendment do The Planing Department & Zone Change for Bonk 101 Pauahi St. Suite #3 TMK: (3) 6-4-001:099 Hilo, Hawaii 96720 Puukapu Homesteads Dear Commission: My property boarders this parcel. I wish to go on record as opposing this zone change for the following reasons: Before I purchased my property I made sure I was surrounded primarily by other agriculturally zoned properties. I raise horses and chickens and both species are adversely affected by pollution....light pollution, noise pollution, and air pollution. I believe my investment should be respected, and if the zoning on this property is changed others in the area will follow suite. To change the zoning on this property sets an irreversible, and in my opinion, damaging precedent. This property boarders Hawaii Homelands Farmers Market, and also The Hawaiian Immersion School. Traffic is frequently congested in this area. This property is accessed by Kakanihia Rd. Kakanihia Rd. is a narrow road exiting onto Mamalahoa Highway. If you look at the record of traffic accidents between Mana Road, Kakanihia Rd. and 64-850 Mamalahoma Hwy., you will find a considerable number of accidents occurring on this small stretch. Those of us who enter our property from 64-850 Mamalahoa have had power poles and fences knocked down, our stop sign smashed, our lawns scarred by tire marks. Increased residential traffic from Kakanihia Rd., with its poor visibility from Mamalahoa Highway, can only lead to more congestion and to more traffic accidents. I appreciate your taking the time to review my concerns. Thank You. Y Lo e Jones 808-887-2 01 August 31, 2012 Planning Dept. Exhibit 10 080900 RBonkSLU.doc-10/9/12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION FUMIE BONK STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 12-000034) Upon careful review of the request against the guidelines for granting a State Land Use Boundary Amendment, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment application 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 recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicant also requests a concurrent Change of Zone from Agricultural-40-acre(A-40a) to Residential and Agricultural-.5- acre(RA-.5a) zoning district. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2,Chapter 205,Hawaii Revised Statutes,nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures,the County General Plan and the Hawaii State Plan. According to the Hawai`i Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling,per one- half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the -1- low-density residential lots; and (3) Generally,parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by,or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 46-4(c),HRS..." The proposed boundary amendment is for a residential-agricultural use compatible with the Rural designation. The applicant has stated that the one-acre parcel will be subdivided into two residential/agricultural lots. Thus,the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with, among others,the Land Use(Single Family Residential)policies of the General Plan: • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Low Density Urban. The new Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. This boundary request would allow a rural development for residential-agricultural uses that -2- will complement the existing and future residential-agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the property is proposed from Kakanihia Street and all utilities are available to the site. As this area is not serviced by a municipal sewer system, any additional structures will utilize individual wastewater systems approved by the Department of Health. Police, fire and emergency facilities are located in Waimea. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)designates the property as Zone "X", outside of the 500-year flood plain. While the property is within the State Land Use Agricultural and County's Agricultural (A-40a) zoned districts, the property is improved with a dwelling, shed and a hut and not currently being used for active agricultural purposes. The Agricultural Lands of Importance to the State of Hawai`i (ALISH) System designates the property as "Prime Agricultural Land(portion fronting the Mamalahoa Highway) and Other Important Agricultural Land(mauka portion). Soils within the property are classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. While the potential for active agricultural uses may exist,the soil conditions within the property and surrounding area would preclude such agricultural activities from being conducted on the site. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not located in the Special Management Area. It is not proximate to the coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,marine resources or other natural and environmental resources in the area. Because the property is improved, it is not anticipated that -3 endangered or threatened candidate species of flora or fauna are located within the property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site,nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Finally, the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement-Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. Based on the above,the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawai`i Plan and the County of Hawai`i General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -4- COUNTY OF HAWAII +_ �" '/�r STATE OF HAWAII BILL NO. ORDINANCE NO. • ( Pleihnlv,1 be-94-) AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT PU'UKAPU HOMESTEADS 1ST, SOUTH KOHALA, HAWAII. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Pu'ukapu Homesteads 1St, South Kohala, Hawai`i, shall be Rural: Beginning at the northeast corner of this parcel of land and on the west side of a 15-foot Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"EAST BASE"being 4,029.11 feet North and 6,235.65 feet West and running by azimuths measured clockwise from True South: Following along a 15-foot Government Road for the next five(5) courses, the azimuths and distances between points being: 1. 351° 45' 181.00 feet; 2. 264° 25' 75.90 feet; 3. 317° 03' 32.85 feet; 4. 26° 39' 141.57 feet; 5. 352° 16' 30" 26.59 feet; 6. 73° 56' 77.40 feet along the north side of Hawai`i Belt Road; 7. Thence along a 30-foot Road, along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 121° 13' 29.39 feet; 8. 168° 30' 350.98 feet along a 30-Foot Road; 9. 264° 05' 30" 106.08 feet along Lot 3-B to the point of beginning and containing an area of 1.004 acres. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- • N ■... AGRICULTURAL AGRICULTURAL 'MK:(3)6-4-001:099 AGRICULTURAL TO RURAL 1.0046 ACRES TOTAL Z iliPMP�PNo P NAY M AGRICULTURAL N V r hi Feet 0 125 250 500 750 1,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT PU'UKAPU HOMESTEADS 1st, SOUTH KOHALA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)6-4-001:099 DATE:JUL 31,2012 EXHIBIT"A" Fumie Bonk Map:12-184 RBonkREZ.doc-1 0/9/12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION FUMIE BONK CHANGE OF ZONE APPLICATION (REZ 12-156) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from an Agricultural 40-acre(A-40a)to a Residential Agricultural-.5a(RA-.5a)zoning district to allow for the subdivision of the 1.0046-acre property into two lots. The applicant has submitted a concurrent request for a State Land Use Boundary Amendment from an Agricultural to a Rural district. 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 also be considered as they may have an impact on similar areas in the County. The Change of Zone request from A-40a to RA-.5a conforms to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Low Density Urban,which reflects uses single-family residential in character and is consistent with the rural residential nature that will be promoted by the approval of this change of zone request. The ALISH Map identifies the area as Prime Agricultural Land and Other Important Agricultural Land(OIAL). The OIAL designation includes land other than Prime or Unique Agricultural Land of statewide importance for the production of food, feed, fiber and forage crops. The Land Study Bureau's Productivity rating for the site is "C"or"Fair". The property is approximately one-acre in size. The northern portion of the property is improved with a dwelling and a shed, and there is a hut on the southern portion of the site. A small garden is located along the southern portion of the dwelling. Immediate surrounding properties are zoned A-40a. Properties across the Mamalahoa Highway to the south are zoned A-5a. The area is a mix of residential and passive agricultural uses. Haunani Gulch and stream forms the eastern boundary of the property. The proposed change of zone would complement the existing and predominately residential land uses in this immediate area. This particular section of Pu'ukapu Homesteads consists of an established subdivision that has been in existence for roughly 70 years and comprising of lots less than 2 acres in size. While the soils in this area are of good quality, the size of the lots and its historical residential use already defines this area as more residential than agricultural in nature. Therefore, this change of zone request will not compromise the maintenance of prime agricultural lands for agricultural purposes. -2- Should this request be approved,the applicant may typically apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on each parcel. An additional dwelling may be constructed on each lot, doubling the existing density of the area. The potential to allow additional dwellings may contribute to a cumulative burden on the existing infrastructure that cannot be supported. The Planning Director therefore supports this change of zone request subject to a condition within the proposed ordinance that will prohibit the construction of a second dwelling(ohana)unit and/or the establishment of and a Condominium Property Regime on each proposed lot. All utilities and services are available to the site. County water is available to the site. The proposed lots will utilize individual wastewater treatment systems meeting with the approval of the Depal tinent of Health. Solid waste will be disposed of at appropriate sites designated by the Department of Environmental Management. All essential utilities are available to the project site. Police, fire, and emergency services are available in Waimea. Access to the project site is from Kakanihia Place, a private, one-lane graveled subdivision road with grass shoulders, all within an approximate 30-foot wide right-of- way. The gravel traveled lane is approximately 13 feet wide and serves 8 to 10 other parcels. According to the Department of Public Works (DPW),the Kakanihia Place approach to and within Mamalahoa Highway right-of-way is not paved and does not meet current Subdivision Code standard width of an improved agricultural-standard travel way of 20 feet within a 50-foot wide right-of-way. The parcels served,although zoned for 40-acrre minimum lot sizes, are all less than 2 acres except for one 8-acre parcel. The DPW indicates that an inconsistency already exists in the existing lot sizes relative to existing zone designation. As such, this change of zone request to a 0.5-acre minimum lot size would normally require an upgrade of the roadway to current agricultural standard, as this action may set a precedent and trigger additional rezoning requests. The DPW recommends that the Kakanihia Place approach to Mamalahoa Highway be improved to a 24-foot minimum paved width with 20-foot minimum return radii with any necessary relocation of utilities. In addition, the minimum 20-foot pavement width -3- should be continued within the private road not less than 40 feet from the intersection. All of these recommended roadway improvements can be expected within an area that is envisioned to transition into a more substantial residential neighborhood. However,we have a unique subdivision that was created in the late 1950s that is limited in the amount that it can further evolve. Kakanihia Place is a dead-end road that services a subdivision where most lots are less than one acre in size. Only two lots, including the project site, provide opportunities for further subdivision should approval of this change of zone set a precedent. That would result in a total of maybe three additional lots within this long- established residential subdivision. This potential of only three additional lots does not warrant bringing the private roadway within this subdivision up to current county standard. The Applicant will need to apply for a variance from the minimum standards of the Subdivision Code should this change of zone request be approved. The project site is located within Zone "X", areas determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on- site and not allowed onto adjacent properties or roadways. The property has been developed for single-family residential use since the 1950's; thus,no formal archaeological study was conducted. By letter dated May 25, 2011,the DLNR-HPD responded that no historic properties will be affected by this undertaking. Likewise,no professional flora or fauna surveys were conducted of the site. The 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 project site is located more than twelve miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, 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. Therefore, no action is necessary to protect these rights. -4- The Hawai`i Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. Farming activities are currently being conducted on the site, and will be permitted to continue should this rezoning be approved. However, a standard condition of approval for rezonings from the Agricultural designation will be added to require the applicant to notify prospective landowners, tenants or lessees of the Hawaii Right to Farm Act. In addition, a condition will be included to prohibit any action that would interfere with farming operations on adjacent or contiguous properties,provided operations are conducted with generally accepted agricultural and management practices. Based on the above findings, approval of this change of zone request from an Agricultural 40-acre (A-40a)to a Residential and Agricultural-.5 acre (RA-.5a) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Puukapu Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- --MtY os p ' COUNTY OF HAWAII :.;,(��" �/�• STATE OF HAWAII BILL NO. ORDINANCE NO. (0 & e124) AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU 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 RESIDENTIAL AND AGRICULTURAL— 0.5 ACRE(RA-.5) AT PU'UKAPU HOMESTEADS 1ST, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-4-001:099. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: 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 Homesteads 1St, South Kohala, Hawai`i, shall be Residential and Agricultural—0.5 acre (RA-.5): Beginning at the northeast corner of this parcel of land and on the west side of a 15-foot Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"EAST BASE"being 4,029.11 feet North and 6,235.65 feet West and running by azimuths measured clockwise from True South: Following along a 15-foot Government Road for the next five(5) courses, the azimuths and distances between points being: 1. 351° 45' 181.00 feet; 2. 264° 25' 75.90 feet; 3. 317° 03' 32.85 feet; -1- 4. 26° 39' 141.57 feet; 5. 352° 16' 30" 26.59 feet; 6. 73° 56' 77.40 feet along the north side of Hawai`i Belt Road; 7. Thence along a 30-foot Road, along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 121° 13' 29.39 feet; 8. 168° 30' 350.98 feet along a 30-Foot Road; 9. 264° 05' 30" 106.08 feet along Lot 3-B to the point of beginning and containing an area of 1.004 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, 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. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-40a A-40a A-40a A-40a A-40a A-40a A-40a A-40a 4,029.11'N 0235.65'W 'EAST BASE" A-40a AGRICULTURAL-FORTY ACRES(A-40a) TO RESIDENTIAL AND AGRICULTURAL- 0.5 ACRES(RA-.5) 1.0046 ACRES TOTAL A-40a z A 0 MPMPLix NWY A-40a A-3a A-40a A-5a A-5a A-5a N A-5a KtY A-5a • i Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU 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 RESIDENTIAL AND AGRICULTURAL - 0.5 ACRE (RA-.5), AT PU`UKAPU HOMESTEADS 1st, SOUTH KOHALA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)6-4-001:099 DATE:JUL 31,2012 EXHIBIT"A" Fumie Book Mao 1326 CBonkREZ.doc-10/9/12 FUMIE BONK CHANGE OF ZONE APPLICATION (REZ 12-156) 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 required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days from the effective date of this ordinance. The applicant shall comply with all requirements in the Department of Water Supply's August 28, 2012 letter,including the construction of all necessary water improvements prior to final subdivision approval to include the extension of approximately 120 feet of 6-inch water main along proposed Kakanihia Road, construction of service laterals to accommodate a 5/8-inch meter fronting the additional lot, relocation of the existing service lateral to front the appropriate lot, cut and plug the existing lateral at the main, and relocate and adjust the Department's affected water system facilities if necessary. C. The applicant, successors, or assigns shall notify prospective purchasers,tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai`i Revised Statutes Chapter 165,the Hawai`i Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act;provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. E. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. F. Direct vehicular access to the individual lots shall be prohibited from Mamalahoa Highway. 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 Hawai`i 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 on site and shall 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(s)shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective -2- date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $12,772.64 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $6,159.19 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. $297.12 per single family residential unit)to the County to support police facilities; 3. $586.85 per single family residential unit) to the County to support fire facilities; 4. $256.93 per single family residential unit) to the County to support solid waste facilities; and 5. $5,472.55 per single family residential unit)to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. L. To ensure that the goals and policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included -3- herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. 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 applicants, 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 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 Planning Commission and 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. -4- Planning Department's proposed addendum to Agenda Item No. 1 FUMIE BONK STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 12-34) CHANGE OF ZONE APPLICATION (REZ 12-156) Addendum to the Recommendation: Insert the following as the second paragraph on page 2 of the recommendation, after the words"change of zone request" and before"The ALISH Map": "Although the South Kohala Community Development Plan(SKCDP) is generally silent for development in this particular area,nevertheless, it conforms to the following in the SKCDP: • Figure 4.4: Waimea Town Conceptual Plan(page 65) indicates this area for urban development. • Policy No. 2, Responsible Growth(page 70): "moderate the pace of growth and change in Waimea"; the last section of this policy in Strategy 2.1 "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 of less that may assist families in allowing their children to obtain individual properties." • Policy No. 3 (page 72), Environmental Stewardship, Strategy 3.1 - Protect Important Agricultural Lands. This second lot will remain in agricultural use and will be occupied by the applicant's son." - O N N N sie 4e!t1 W z Z ZO 0 Oohoilmi El Imml a:11 PIC) F.I.4 W le!t1 U U itaisal 17-) *11•4 p.., lamming C"■) tol ,I..4 'll z W .11L° XF C W W N � , H w —4 0 E Z W ''• ''• '••••'••••n,":0;;IkalfiP'''fig4:4:P';.01,,,,, ,,,,•'••;.•' ••••1•'•,''i•"''' :4 N ''' f 0---0..i.0-7, .'a c 4 U r yC F4s 'v t t ` + y.,t N ,, g .2V�; r r ?f t, 3 E w t i Yy�t R 8,ri t: .� § MSG o i7,�`4 t 3 +5 t.f 0):,f , o'er a s b 'tw q�^�,� �" ?ti �%Y",ID dT F A }}wt Fi,V. 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Cie I.in ,...-i omit z E (,..1.), .7:i r-, (r1..), C as CIIII:4.1 Usill O � .4.4 C"4) O r O CL) O t , r ', ,--4 (r' s r r� O Z ,., „ s S :4;35.,..4,.5 11``, ink' , A( A l k �rrr 2 Y d 4 �.4-,,,,, 3":1 t:�5S2 �+'`'� f�"'�s Mgr .�° Nor,{ , _ �� ,,, ezI4 ,, , .v,,u' � � �, ug�.,�;�7` it�� ,H'�, f'�-����r1 �� r ,;:,-,,,,it r'�'��r ;%V, ear ,j5d 'fw Y :a � roc i ' F a r t x s:3 l x r ���a fin $ *.tp ya, S 1 ,, Y 9f S i -;} , r tt x sm '"a ia; eri 741tt '," '`i7"n 1 ,r • � h�c ,t 40 ,,Fe /.0,,o k u- � eV/ f�f/.� fl��'�.�4'4 ��{�P{ft �1 p�fi 4 r �5^`kk[ ;s, � �S�t J S h 4 a Y r g' n`u &cflt C d j i , � ,�„At ,, A.zi ,,,A 4` 'y °'�a i� � d i1 r,, N °5 , t;,l i _ , ^ �T i LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT OCTOBER 18,2012 A regularly advertised hearing on the application of FUMIE BONK(SLU 12-034/REZ 12-156) was called to order at 9:39 a.m.in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane KeohokAlole Highway, Kailua-Kona,Hawaii, with Chair Pro Tem Richard Nelson, III presiding. COMMISSIONERS PRESENT: Richard Nelson,III, Brandi Beaudet,Thomas Hickcox and Wayne lokepa ABSENT AND EXCUSED: Geraldine Giffin,Lani Bowman and Thomas Whittemore ALSO PRESENT: Ivan Torigoe(Deputy Corporation Counsel),BJ Leithead Todd(Planning Director),Daryn Arai(Planning Program Manager),Jeff Darrow(Planner),Maija Cottle(Planner) Kiran Emler(Department of Public Works,Engineering Division)and Noriko Sauer(Commission Secretary) And approximately 18 people from the public in attendance. APPLICANT: FUMIE BONK(SLU 12-034/REZ 12-156) Applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural-40-acres (A-40a) to Residential and Agricultural-0.5-acre(RA-.5a)for approximately 1.0046 acres of land. The property is located at the northeast intersection of MAmalahoa Highway and Kakanihia Place,Pu'ukapu Homesteads,Waimea,North Kohala, Hawaii,'FMK:6-4-001: 099. NELSON: The first item on the agenda is Fumie Bonk, a State Land Use Boundary amendment application,as well as a change of zone application. The applicant,Fumie Bonk,SLU 12-034/REZ 12-156,applications for a State Land Use Boundary amendment from Agricultural to Rural and a change of zone from Agricultural-40 acres,that's A-40 acres, to Residential and Agricultural 0.5-acre for approximately 1.0046 acres of land. The property is located at the northeast intersection of MAmalahoa Highway and Kakanihia Place,Pu'ukapu Homesteads,Waimea,North Kohala,Hawai`i,TMK: 6-4-001: 099. Staff? DARROW: Thank you,Mr.Chairman. Good morning,Members of the Planning Commission. As our new Chairman had mentioned,our first applicant is Fumie Bonk. If I can direct your attention to our presentation screen. The area of this application is within the District of South Kohala. More specifically, we are looking in the Waimea area. Just for reference,you'll see the subject property identified in a black outline. This would be the Mokuloa Subdivision to your right,or to the east. A well-known area is the Hawaiian Homes Administration Office that's located just to the east of the subject property. Through the middle of the map,we have MAmalahoa Highway. Access to the subject property is from Kakanihia Place,which is from Mamalahoa Highway. You'll see the different colors on the map; these represent different zonings. Just for reference,the darker green to the right is the Agricultural 1-acre, the dark blue is Agricultural 40-acres,the lighter green down below identifies Agricultural 5-acres in zoning. On the far left side,those are more the commercial and urban designations. 1 This is a little closer-up of the area. Again,we have Mamalahoa Highway running through the middle of the map,Mokuloa Subdivision just to the right of the subject property,and the subject property identified in a black outline. And,again,we have Kakanihia Place running north-south that provides access to this property,as well as a few smaller properties to the north. This is the General Plan for the area. The yellow is identified as Low Density Urban. On the lower portion of the map is Important Agricultural Land,and on the upper portion of the map is Extensive Agriculture. This is the Waimea Town Conceptual Plan; this identifies the plan for the Waimea Community that was established in 2008 through their Community Development process. The subject property is in the area identified with a circle, it is identified for Urban Development. This is an aerial photo of the subject property. Again,you can see Mamalahoa running in an east- west direction through the middle of the screen. You have the black outline of the subject property. Currently,there is a single family dwelling that's constructed. It's hard to see,but there is a little shed on the lower portion of the property. And,again,we have Kakanihia Place that's running in a north-south direction that provides access. The applicant is requesting a State Land Use Boundary amendment from Agricultural to Rural, and a change of zone from Agricultural 40-acre to Residential and Agricultural 0.5-acre for approximately 1.0046 acres of land. The applicant plans to subdivide the property into two Residential and Agricultural lots and convey the new lot to her son. This is the submitted site plan, submitted by the applicant. Again,we have Mamalahoa Highway on the lower portion of the map, Kakanihia Place,or Road,running in a north-south direction,and the subject property identified as one acre, approximately one acre. And,again,you can see the proposed subdivision that would create two separate lots. And this particular map identifies these structures on the property. These are some site photos. This is looking towards Waimea on Mamalahoa Highway. The subject property would be to your right. This next picture is looking towards Hilo, and the subject property is just to your left. And this is the entrance to Kakanihia Place,and this is actually looking from Mamalahoa down Kakanihia Place. The subject property would be on the left,or on the right,I'm sorry. The Planning Director is recommending that the Planning Commission send a favorable recommendation for the State Land Use Boundary amendment and the change of zone request to the Hawaii County Council. Before I conclude my presentation, I would like to bring to your attention the yellow insert that was submitted to the Council,I mean,to the Commission. The request is that we add this insert to the change of zone recommendation on Page 2,and it identifies exactly where. And this speaks to the Community Development Plan for South Kohala. Lastly,we have received,which are part of the background and recommendation, two letters from the general public:One is identified as Exhibit 9 and one is identified as Exhibit 10. Exhibit 9 is from Monique van den Hark,and Exhibit 10 is from Nancy Jones. And just for reference,I was able to look at where these properties are; I believe these properties are located,I believe—let's see here—Exhibit 9,Monique van den Hurk would be the owner of this property in this location,and the Exhibit 10,Nancy Jones,the property that she is residing,or owns,is identified as this property 2 here. There may be other properties that they own,but these are the ones that I believe have been the properties that were able to be notified as being within the 300,or the 1000 feet, for notification. With that, that concludes our presentation. Are there any questions? LEITHEAD TODD: Mr. Chair,may I ask-? NELSON: Yes. LEITHEAD TODD: Jeff, we didn't receive any opposition from the actual properties that use Kakanihia? DARROW: Not to my understanding. The Exhibit 10 does state on the first sentence that their property borders this parcel,but it clearly does not border this parcel. I had spoken to Nancy Jones on the phone,and she had said that she accesses this property via a private road,which is not Kakanihia Place. And I believe she is present and signed up to testify. Any other questions? Thank you. NELSON: Commissioners,any questions? Will the applicant please step forward,please. Please raise your right hand. Please get the microphone. Thank you. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? BONK: I do. MOORE: I do. NELSON: Thank you. Please state your name,the area you reside,and then you can proceed. MOORE: My name is Michael Moore. I'm an attorney from Hilo. I Iive in Hilo,and I'm representing the Bonk family. BONK: My name is Keiko Bonk. I'm representing my mom today because she is, she couldn't make it;she is undergoing medical treatment today. And she resides in Kamuela on Kakanihia Road. NELSON: Thank you. BONK: Thank you. NELSON: Co ahead,proceed. Did you receive the Planning Department's background report and recommendation? MOORE: Yes,we did. NELSON: Thank you. Do you have any comments to make at this time? MOORE: Not particularly. I think that the Planning Department did a good job in terms of reviewing the application,and we are pleased that they gave a favorable recommendation. But I don't have anything specific at this time unless there are questions or there are comments that come up that need to be responded to. 3 BONK: I would like to speak to why we are doing this. My mother is applying for this application to give her son,Seizen Bonk,the use of the land that's in front of her,or her house,basically,which has been farmed by my brother,both my brothers for over 30 years. My brother, Seizen,lives on the same road; he has the lot directly across from my mother's house,and has a house there. So he is one of the only,of two produce farmers that goes to the farmers market,which is in the Hawaiian Homes parcel right next door. And he leases about 20 acres of land in the lighter green area down here from a family for his Kozen Farms. My brother has been a truck farmer for over,oh,for four decades now. And he tried to get a lease land in Waimea and then couldn't get it in the 70s,so he went to Molokai and farmed State land. And about, a little over this past decade,he moved back to farm in Waimea. So he has been farming pretty consistent with his wife. But my mom wants to make sure that he has the land in perpetuity so that he can do seedlings;it's kind of a small parcel to actually do larger truck farming. So he wants to do seedlings and packing, and get it out of his garage,which is right across the street, so that he can come home from the farm and pack for the farmers market and do all his like smaller work around closer to his house. He is getting a little older and that would be a lot easier for him. And he wants to start training his oldest son to farm with him,and his name is Noah,and so he's been farming with him since he was a kid. But he needs more room in his house. So that's why my mom decided to subdivide. NELSON: Thank you. Commissioners,any questions? LEITHEAD TODD: In the interest of full disclosure,just as Ms. Giffin mentioned, Seizen Bonk, who would be the recipient of the new parcel that's created that has the little shed on it,is my high school classmate. And I'm very familiar with his farming activities since I've gone to buy squash and other stuff at the farmers market from him,and remember when he was growing sweet potato on Molokai,because Keiko ended up giving away sweet potato when she went door to door. But, you know, I've known the family for a very long time. He is one of the few classmates I know who's still farming and,you know,didn't leave farming to go and seek other work because it's a hard life. I've been to the house where he does do the packing,and, you know,he chose, he could make more money working construction,but he is committed to agriculture. And it's,when we reviewed this, I tried to,you know,make sure that I wasn't reviewing it in terms of people I knew but in terms of the CDP. And we did send it out for comment,you know,from other agencies and the Waimea community, and we felt that it was consistent with the CDP. And one of the critical issues in making our recommendation is although it's zoned Ag-40,this is not a 40-acre lot;this is a one-acre lot. And if I remember the history of the lot correctly,during the World War II, this was,one of the reasons these are smaller lots is, this was barracks for nurses. And,in fact,Fumie's home utilized the existing structures and incorporated the nurses' barracks into the home that she built there. Currently,her other son Iives with her. And,you know, this has kind of been a family compound. But the bottom line is when we did review it,we reviewed it in terms of consistency with the General Plan. You noticed that the General Plan is Low Density Urban. You noticed the Community Development Plan actually has this for some urban development. Rural is consistent with the neighbors in this area. And you can see from this aerial photo;this is not a 40-acre lot that, you know,is surrounded by other 40-acre lots. It's a small lot. And directly in that area you see other homes in the area. So it's very consistent with what is in this area. And if you noticed,just below Seizen's lot,Seizen has the two little houses directly across from his mother, there is another home directly down there. So this is very consistent with this small area. And so it kind of met all 4 the issues that you look at: Is it consistent with the General Plan,is it consistent with the Community Development Plan? And it hit all of those right on the nail. NELSON: Thank you,Madam Chair(sic). I note that we have two signed up for testimony. So if we could have Niki van den Hurk,please. Please come up,come forward. The applicants,if you could sit back while she is testifying. I've been instructed to ask Nancy Jones to come up since there is just two to testify. You can sit up front. Thank you. Both of you,please raise your right hands. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission. VAN DEN HURK: I do. NELSON: Thank you. Please state your name and where you reside first. Thank you. VAN DEN HURK: Niki van den Hurk, and Kamuela. JONES: Nancy Jones,and Kamuela. NELSON: Okay,Niki,you first. VAN DEN HURK: While I have respect for what the Bonks are trying to do and I have empathy for them,my concern is basically three levels: density,congestion and precedent. And my property runs along the highway. I have 15 acres. In two years my fence has been crashed into three times. When I try to leave my property in the mornings and at night,often times if somebody doesn't let me out,it could take ten minutes for me to get across the highway. Adjacent to my property is a, I think it's a 20-acre parcel that's been subdivided into five-acre parcels. And my concern is not this one issue;it's on a going-forward basis,if we're going to be setting a precedent and allowing other people to subdivide their properties because the Bonks have done this and changed the zoning. Just down the street,literally 30 or 40 feet I would guess, near Will Road,we had a family, I think two or three young children were killed in a car accident because of that highway. And my thing is that it's already so busy and congested, I don't want to see it get worse and have other people or attorneys use this subdivision as a way to then subdivide other properties in the surrounding area and then increase more and more housing and more and more congestion. It's not to me about the Bonks;it's about the future of Waimea and the congestion of our city. That's all I have to say. NELSON: Thank you. JONES: In the-. NELSON: Commissioners,do you have any questions? Excuse me,I'm sorry,okay,continue. JONES: In the slides that you showed earlier of the entrance to Kakanihia Road,what you did not show was the entrance to the farmers market. And adjacent to this -. NELSON: Excuse me,please state your name. JONES: Oh,I'm Nancy Jones. NELSON: Thank you. I'm sorry. 5 JONES: So right next to where the shed is located is the entrance to the Hawaiian Emersion School and the farmers market. And you can't see it from this perspective. But on Saturdays there is a huge amount of congestion of people coming and going into the farmers market. Now, I have talked to some of the people who live on Kakanihia Road,they are my neighbors as well, the Bonks are loved in the community,they are a highly respected, loved family. And just this morning we've seen that two people who are on the Planning Commission who know the Bonks. The neighbors don't want to interfere with Mrs.Bonk's wishes. And as long as the Bonk family stays intact,and the Bonk's sons are alive,the chances are this is not going to change; those two pieces of property will be the same, they won't be overdeveloped. But, as we all know, life changes,financial crises happen,and then those two pieces of property may be put up for sale. Families will build homes on there. Each family will have a minimum of two cars,and maybe four cars,and kids and dogs,and that whole area is going to become a cluster of congestion. And we can sit here and say,oh,no, this will not happen,but we don't know the future. That's one of my concerns. And then I share the concern of Niki. I bought agricultural property. I'm a horse rancher. I raise chickens. I raise koa trees. They are all sensitive to air pollution,noise pollution, light pollution. And you would be surprised at the people who come up Kakanihia Road,climb my fence,and think they are going to hike into some wilderness area. And so that's another concern of mine. The more commercial the street becomes,the more people are likely to wander up the path and enter my property. So I'm concerned about that. And like Niki, I'm concerned about the precedent. Because —and I know there are some attorneys in this room, and I love attorneys especially if it's my attorney—but if in the future down the highway people want to start subdividing into half acres, they are going to get a sharp attorney and they are going to come right back,and they are going to say people on the Planning Commission knew the Bonks,they set the precedent. And they will fight and they will get their zoning into half acres, too. Yeah, and then we already have five acres where we saw this happen with another prominent Hawaii family. So if you all could sit here and assure me that this is all going to be a once-in-a-life-time thing,it's not going to set a precedent,and some smart attorney is not going to come in five years from now and do these other precedents,I would be more comfortable with it. VAN DEN HURK: I just want to make one other comment. Right next to Nancy's and my property,an older gentleman owned-. Was it 20 acres? JONES: Yeah. VAN DEN HURK: He owned 20 acres. Same thing—he wanted to,he wanted to subdivide the property so he could will it to his children. The children don't want to move here, so now they are selling those parcels off. This will set a precedent that those five-acre parcels can now be subdivided into perhaps one-acre parcels or half-acre parcels. And now a beautiful,lovely agricultural area where I bought to have that horse property and my mules and things is now going to have,right now four houses on it,that could then have eight houses on it. And these people drive up and down our private road, they get lost,they go on my property. We all have the same problems. I just,it's not about the Bonks because,and I feel bad because they are nice people and I've heard they are nice people,but it's about the future of our agricultural area in Kamuela. Anyway,thank you. LEITHEAD TODD: I ask-. 6 NELSON: Go ahead. LEITHEAD TODD: I ask Jeff to put up the General Plan. So this area that is kind of a mustard green,I guess,on the GP is Low Density Urban,and Low Density Urban can be RA,it can be 10,000-square foot lots. Now,go to the Community Development Plan,for the plan for Waimea. Now this is to try and implement the General Plan,and so this is currently what we try to work with when we are looking at Waimea proper, as well as some of the specific language. And so you'll see that-. Can you show where MAmalahoa runs through there,Jeff? DARROW: The red dotted line. LEITHEAD TODD: Okay. So you can see that it has designated certain areas for small farms,it has certain areas designated for other areas,commercial,and then-. Where is the other one that we had where it shows Urban? DARROW: The yellow. LEITHEAD TODD: Okay. So one of the issues here was that,because that Urban goes out to the Bonk's property,that it's consistent with the Community Development Plan,which was recently adopted. This would be different for other areas. But this is the context with which we work under. And as time goes by, yes, you know,other people may ask, I mean I can't guarantee that nobody ever comes in and asks for a rezone or to change it. But the existing language-. Go to-. I think the yellow sheet that we have,which we added, and I don't know if you have copies of it, directly quotes the South Kohala. We have said on Page 70 of it,it says to"MODERATE THE PACE OF GROWTH AND CHANGE IN WAIMEA,"and it says to,while we are trying to,you know, implement some more of this,it says basically"private lands that are currently zoned A-5a,A-10a, A-20a,or A-40a should retain their current zoning." The exceptions are 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." Now I understand your individual concerns. But when we are reviewing these,we review them in terms of what was adopted with community input,and adopted by the County Council. And so this particular rezone fits in. And on top of that,it's actually set for Urban,which is not true of the other properties or yours. JONES: Would you,could,would you mind going back and showing the map where the Urban is-. Well,this Urban map is going right through Niki's property,and it's not touching my properties, but it's-. This is the first time I've seen this map,and it's the first time I've known that we were in an Urban zoning area,and I've owned my property since 1996. So,obviously when this zoning was done,this map wasn't made available to all the people who lived in that area. LEITHEAD TODD: Can I clarify? This is not zoning;this is the General Plan,which kind of sets out the parameters for future growth and development on the island. And by,and "General"means exactly that. So this was designed to kind of incorporate where you had existing one-acre subdivisions and lands. If you look at this, it's kind of a strip along the Mamalahoa,because the intent is that,you know,that's where you would concentrate future low-density urban as opposed to designating low-density urban further out from Miimalahoa. But the next step in that Plan is the Waimea Community Plan,which specifically tries to identify in greater detail how they want Waimea developed. And so to a great extent,this becomes the document that has the greatest weight in terms of how we interpret rezoning applications. And the other consideration for this one was that it is a one-acre parcel despite the zoning of Ag-40 and it's on a small street where there are 7 existing small lots. But it was also that it's surrounded by buildings,so it's not specifically adjacent to agriculture,you know,like between Mrs. Bonk's house and this lot and parcels to more Waimea Town,there are existing homes. Between this lot and,if you are going back towards Hilo,it's already one-acre lots,and it's already got the Hawaiian Homes Commission building there;so it's not immediately adjacent to large agricultural parcels. So those are some of the considerations that kind of make this a little bit different than other applications that might come in. But I can't guarantee you that other people won't come in and seek rezoning and, you know,because they come in and they are a case-by-case basis. But generally speaking,you know,most rezonings in this area are not going to fly unless they are consistent with this Community Plan. VAN DEN HURK: Can you take me back to that other,the one before? Does this rezoning-? Now,my property is the kind of big square one that's,right there,that one. The property to the left, if you see,there's one,two,three,four,those are five-acre parcels,originally that was a 20-acre parcel. You'll notice that to the left of me that bottom half of that subdivision, if you will,is this green color. Does this rezoning allow that person to then subdivide that five-acre parcel? LEITHEAD TODD: Not necessarily. And there are a couple of considerations. If you move forward to the Waimea Community Plan. You'll notice that it's in the green,which is small farms; so it's less likely to get a favorable recommendation. The other thing is the fact that it was recently subdivided and rezoned to create those five-acre lots also makes it less likely to get a favorable recommendation,because it's fairly recent. If they were a 20-acre lot and they were coming in and asking for the five acres today,I'd say possibly 50/50 because five-acre lots are consistent with small agricultural farms. And so they might,even if they were coming in today,get those five acres. But I think it would be less likely that they would get a favorable recommendation for that one five-acre lot to get further subdivided because of I)it's close in time to when the prior rezoning occurred,and 2)because the Community Development Plans have it for the small farms area. NELSON: Thank you. You can be excused now. Thank you. Commissioners,do you have any responses? Applicants,please come up again. Thank you. Do you have any responses to the testimonies you've heard? MOORE: Not really. I think the Planning Director has explained the situation well enough. NELSON: Thank you. BONK: I appreciate hearing from the neighbors on the 40-acre Ag lots. But all the half-acre lots on this road were established in the 1950's,and most of the people that bought these house sites bought it for family homes and,including my parents who bought it in the 1970's,I believe,when my dad and mom purchased their acre. But my brothers are actual farmers. And my brother, Seizen,would have loved to buy the parcel neighboring him on both sides and actually continue to farm right next door,but he cannot afford to buy land on this strip for farming;it's been out-valued from farmers actually purchasing farm land on this road,and it's kind of unheard of to even-. He would have loved to buy the Kerr's lot right there that's open pasture;it went up for sale recently, somebody bought it for the house basically and is fixing up the house. So,you know,we are out- pricing people in Waimea for actual farming. And it would be nice to have more agricultural land, of course,for farmers,but-. The best he can do is now to do seedlings and use it for storing his farm equipment and things like that to help his farm. 8 NELSON: Thank you. You may return to your seats. Commissioners,do you have any questions? Are there anybody else in the audience that would like to testify? Commissioners,a motion to close testifying? IOKEPA: Mr. Chair, I'd like to propose,first,a motion to send a favorable recommendation on the Change of Zone to applicant,Application No.REZ 12-156 to the County Council. Kala mai,I would like to do the State Land Use Boundary Amendment Application SLU 12-000034,sending a favorable recommendation for the State Land Use Boundary amendment application to the County Council. NELSON: Second? BEAUDET: Second. TORIGOE: Mr. Chair,just to clarify,you asked for a motion to close the hearing of public testimony at this time,so I assume that when this substantive motion is being made that the Commission has no objection to closing the public hearing at this point. IOKEPA: That's correct. TORIGOE: Okay,there is no objection,so the public hearing portion is closed,and you can go ahead with the motion. NELSON: The motion is seconded. The State Land Use, we have a second,a motion and a second. Discussion? All in favor, say aye. Oh, I'm sorry. DARROW: Thank you,Mr. Chairman. The motion before us is to send a favorable recommendation for the State Land Use Boundary amendment request. With that,I'll take the roll. Commissioner Iokepa? IOKEPA: Aye. DARROW: Commissioner Beaudet? BEAUDET: Aye. DARROW: Commissioner Hickcox? HICKCOX: Aye. DARROW: And Mr. Chairman? NELSON: Aye. DARROW: The motion passes,four to zero. NELSON: The zoning motion? 9 BEAUDET: I have a motion. I would Iike to propose for a favorable recommendation to the change of application, REZ 12-156,for this change of zone request,that it be forwarded with a favorable recommendation to the County Council. NELSON: Second? IOKEPA: Second. NELSON: Thank you. It has been moved and seconded to send a favorable recommendation. Discussion? Staff? DARROW: Thank you,Mr. Chairman. With that,I'll take the roll call. Commissioner Beaudet? BEAUDET: Aye. DARROW: Commissioner Iokepa? IOKEPA: Aye. DARROW: Commissioner Hickcox? HICKCOX: Aye. DARROW: And Mr. Chairman? NELSON: Aye. DARROW: The motion passes,four to zero. Thank you. NELSON: Applicants, you'll have the decision in writing. BONK: Thank you very much. MOORE: Thank you very much. NELSON: Thank you for your testimony. The discussion ended at 10:18 a.m. Respectfully submitted, Noriko Sauer, Secret y Leeward Planning Commission 10