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HomeMy WebLinkAboutCOM 0044.000 1998-2000 ,rtv ar N ~ William G. Davis Managing Director Stephen K. Yamashiro 'y°yp1 Henry Cho J i, ?~,,e' r Deputy Mawging Director ~II1TIt'~~1 II~ ~tIflt2itt 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 December 14, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council _ County of Hawaii - 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 166 (REZ 252) Applicant: Jack Ramos Ranch, Inc. Request: Amendment to District Classification and Conditions of Ordinance No. 166 Tax Map Key: 3-5-3:27 and 3-5-4:8 State Land Use Boundary Amendment Application (SLU 98-7) Request: Agricultural to Rural / Change of Zone Application (REZ 98-24) Request: A-Sa to RA-2a Applicant: Michael K. and Thuy N. Fujimoto Tax Map Key: 6-2-11:6 Change of Zone Ordinance No. 93-76 (REZ 663) Applicant: Pualani Estates, Inc. Request: Extension of Time to Condition C (Secure Final Subdivision Approval) Tax Map Key: 7-5-17:28 and 29 Change of Zone Application (REZ 97-9) Applicant: McClean Honokohau Properties, L. P. Request: A-Sa to RS-7.5 to Develop an Active Retirement Community Tax Map Key: 7-4-8:Portion of 26 Oo~a N~. P7ie Ne. Z- G- FF Ref, 1bt ~C? Ref, Date J~ 1 6 1998•...Y Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 December 14, 1998 Zoning Code Amendment -Chapter 25 Initiator: Planning Director Minimum Yards in the Agricultural and Intensive Agricultural Districts As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ephen K. ashiro Mayor L12039801.MAY Enclosures cc: Planning Department d,ir, ~r is--. ~tY a N4 •L~ Stephen K. Yattushiro ~ Ma7ar • ~ ~ or xr fi~ultn~g ~xtfZtttit PLANNING COMMISSION 25 Aupuni Street, Raom 109 • liib, }Lwoii %720.1252 (SOB) %1$288 Fu (SOB) %1-%IS DEC 1 4 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 98-7) Request: Agricultural to Rural Change of Zone Application (REZ 98-24) Request: A-Sa to RA-2a Applicant: Michael K. and Thuy N. Fujimoto Tax M~ Key: 6-2-11:6 The Planning Commission, after a duly held public hearing on December 3, 1998, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to the Rural District and to change the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.0001 acres of land. The property is located in Anekona Estates Subdivision between Kawaihae Road and Kanehoa Drive and approximately 1,450 feet east of the Kawaihae Road-Anekona Street intersection, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the applications: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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. Surrounding lands are located within the State Land Use Commission Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are owned through Condominium Property Regimes within the Anekona and Kanehoa Estates Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for a 5.00 acre parcel in the Kanehoa Estates Subdivision. Similar land use changes were also approved in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for similar agricultural land uses and uses that are compatible to the Rural designation. The applicants have stated that the 5.0001 acres 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 the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed Rural boundary amendment request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan. HOUSING * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environrnents for our people. * Improve and maintain the quality and affordability of the existing housing stock. * Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. * The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. * The County shall protect residential property values from depreciating influences. SINGLE-FAMILY RESIDENTIAL * To maximize choices of single-family residential lots and/or housing for residents of the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 * To ensure compatible uses within and adjacent to single-family residential zoned areas. * To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. * The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. * Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. This request would allow a rural development for Residential-Agricultural uses. Based on the above findings, including the General Plan's goals and policies, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property which are essential to accommodate rural development. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have aright-of-way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Water is provided by a 6-inch County water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). While the subject property is within the State Land Use Agricultural and County's Agricultural - Sa zoned districts, it is not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. The surrounding properties are also in the County's Agricultural-Sa and Agricultural-la zoned districts, and State Land Use Agricultural districts. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties in view of the surrounding properties and permissible uses. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 (5) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (6) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment to the Rural District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Change of Zone In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone Application from Agricultural-5 acres (A-Sa) to Residential and Agricultural- 2 acre (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use, Economic, and Agricultural Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. ECONOMIC * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 The applicants are proposing to create a two lot subdivision using a 2.4412 acre portion neaz the Kawaihae Road and a 2.5589 acre parcel along Kanehoa Street for residential/agricultural purposes. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Extensive Agricultural. However, the Anekona Estates Subdivision as well as the adjacent subdivisions are a mixture of residences and limited agricultural activities. Therefore, it is determined that the request is consistent with the rural low-density development form depicted on the LUPAG Map for this area of South Kohala. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Department of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20% slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Surrounding lands are located within the State Land Use Commission Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further [o the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are owned through Condominium Property Regimes within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-5a to RA-2a fora 5.00 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 acre parcel in the Kanehoa Subdivision. Similar land use changes were also approved in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have a right-of--way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the fair share contribution towards roads. Water for the proposed subdivision development will be provided by the existing 6-inch line. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the subject property and surrounding areas have been extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X, an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to State Land Use Boundaries Map H-25 for the County of Hawaii and Section 25-8-7 (North and South Kohala Districts Zone Map), of the County Zoning Code are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 We are enclosing copies of the applications, a copy of the staff background and comments from the Department of Land and Natural Resources, Historic Preservation Division, for your information. Sincerely, o~ Kevin M. Balog, Chairman Planning Commission LFujim02.PC Enclosures cc: Mr. and Mrs. Michael Fujimoto Mr. Gregory R. Mooers Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu • • BFNIAMBJ 1. CAYETANO • T` MICNABL D. WILSON, CNAINPRRSON GOVERNOR OF HAWAII ~ BOARD OF LAND AND NATUML RESOURCES S DF)VTIFJt 4 ~ GILBERT COLOMA-AGARAN TIMOTHY E. JOHNS STATE OF HAWAII AOUA710 RESOURCES BOATING AND OCEAN RECREATION CONSERVATION AND RESOURCES DEPARTMENT OF LAND AND NATURAL RESOURCES ENFORCEMENT CONVEYANCES HISTORIC RiESERVATION DIVISION FORESTRY AND WILDLIFE KAkuhiMwA Buiklinp, Room 555 HISTORIC PRESEIIVATION eoI Krmkil. B,I,Iwra IAND KpaNi, N.wri p6]D] STATE RARKS WATDE RESOURCE MANAGEMENT November 20, 1998 Ms. Virginia Goldstein, Planning Director LOG fJO: 22508 ~ Planning Department DOC NO: 9810MS12 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 ,D Dear Ms. Goldstein: ~ ~ SUBJECT: Historic Preservation Concerns for Boundary Amendment Ap~lication~ (SLU 98-7) and Change of Zone Application (REZ 98-24) for Michael K. and Thuy Fujimoto, Ouli, South Kohala, Hawaii Island TMK: (3)6-2-011:006 L~ Thank you for your letter of September 3, 1998, and the opportunity to comment onTtGese cr,~ proposed actions. We have no record of any significant historic sites in the project area. The project area has not been surveyed for archaeological sites, however adjacent parcels have been surveyed. In these adjacent parcels sites reflecting military use and ranching in the area have been recorded. The sites are widely scattered, with few requiring preservation or data recovery. Because of the paucity of nearby sites, and the small project parcel (5 acres), we believe that the proposed rezoning will have "no effect" on significant historic sites. If you have further questions please call Pat McCoy at 587-0006 (Honolulu), or Marc Smith at 933-0482 (Hilo). Hloha, i~~~~ ON HIBBARD, Administrator State Historic Preservation Division MS:amk 011.111. Attach. C-44 (Bills 11&12) BFujungl.emm/r6y-10/23/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND 12F.pORT MICHAEL K. AND THUY FUd11~IOT0 STATE LAND USE BOUNDARY AMENDMENT'APPLICATION (SLU 98-7) C A1yC.E OF .O PPL.ICATION F.. 98-241 MICHAEL K. AND THUY FUJIMOTO have submitted applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.0001 acres of land. The property is located in the Anekona Estates Subdivision between Kawaihae Road and I{anehoa Drive and approximately 1,450 feet east of the Kawaihae Road-Anekona Street intersection, Ouli, South Kohala, Hawaii, TMK: 6-2-11:6. GENERAL INFORMATION 1. Land Ownership: Michael K. And Thuy Fujimoto aze the owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicants aze proposing to change the existing Agricultural land use designation to Rural and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.0001 acres of land. 3. Objectives: "The applicants aze proposing to create a two lot subdivision using a 2.4412 acre portion neaz the Kawaihae Road and a 2.5589 acre pazcel adjacent to the access road. "The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. "Both of these lots aze presently undeveloped." 4. Supportive Information: The applicants have submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications dated August 27, 1998) CTA ND O TNTV P . N4 5. SLU: Agricultural. 6. Hawati State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa). 10. SMA: The property is not situated within the Special Management Area. D iPTiON OF TRdF. T PROP .RTY 1RR0 l1V ~ AREA 11. Property: The subject property has a total azea of 5.0001 acres. The property is rectangulaz shaped, and is located within the Anekona Estates Subdivision, a 36-lot subdivision. 12. Surrounding Zoning/Land Uses: Surrounding lands aze located within the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a fora 5.00 acre pazcel in the Kanehoa and Anekona Estates Subdivision. Similar land use changes were also approved in October 1996 for two 5-acre pazcels within the Kamuela -2- Plantations Subdivision. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor). 15. U.S. Soil Survey: The soils aze classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 2086 slopes. This surface layer is very dazk brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dazk, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazazd is moderate. These soils are used for pasture. 16. FIRM: The subject property is located within Zone X, azea determined to be outside the 500-yeaz flood plain. 17. F(ora/Fauna Resources: According to the applicants' environmental report, the natural vegetation occurring on the property consists of Ilima and Panini. No native fauna was observed on the site. Common animal species in the area include field mice and mongoose. There aze no (mown or recorded rare or endangered animal or plant life in the area. 18. Archaeological Resources: According to the applicants' environmental report, no historic or azchaeological sites were present on the pazcel. The property has been previously grazed by cattle. Therefore, the proposed action will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any azchaeological sites be encountered during the course of development. PUBLIC U't'Ii.ITIES AND SERVICEt 19. Access: The primary access for Anekona Estates from Kawaihae road is via Anekona -3- Street. The subject property is located on Kanehoa Street. Both roadways have a right-of--way width of 50 feet with a 20.foot agricultural standazd pavement. It should be pointed out that I{anehoa Street is a connector road into the adjacent Kanehoa Subdivision. 20. Water: Water is provided by an existing 6-inch waterline that fronts the subject property. 21. Wastewater: There is no municipal sewer system in the azea. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. 22. Utilities: Electrical and telephone service are or will be made available to the property. AGENCIES' COMMENTS 23. Department of Public Works (November 19, 1998 Memo): "We have reviewed the subject application and offer the following comments: 1. Building shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. All grading and grubbing activities shall wmply with Chapter 10 of the Hawaii County Code." 24. Police Department (September 10, 1998 Memo): "We have reviewed the above-referenced applications and do not believe the requests will negatively impact traffic or public safety in the azea." 25. Fire Department (September 14, 1998 Memo): "We have no comments on the above-referenced State Land Use Boundary Amendment and Change of Zone Applications." 26. Department of Land and Natural Resources, Land Division (September 16, 1998 Letter): "Thank you for the opportunity to review and comment on the subject Change of Zone Application (SLU 98-'n. -4- "The Department of Land and Natural Resources has no comment to offer on the proposed project at this time." 27. Land Use Commission (September 14, 1998 Letter): "We have reviewed the subject application forwazded by your memorandum dated September 3, 1998, and confirm that the subject pazcel is located within the State Land Use Agricultural District. "We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application." 28. Department of Health (September 8, 1998 Memo): "The subject lots aze located in the Critical Wastewater Disposal Area where cesspools aze not allowed. Any development of these lots would require all wastewater be disposed into a Septic Tank System." Applicants' Response (September 22, 1998 Letter): "I have reviewed the comments from the State Department of Health that you forwazded on the applications identified above. The applicant understands that this property is located in the Critical Wastewater Disposal Area and that all wastewater must be disposed of into a septic tank system." 29. Department of Water Supply: (See Exhibit B -September 24, 1998 Memo) AGENCIES - NO RESPONSE 30. Department of Finance-Real Property Tax, Department of Land and Natural Resources- Historic Preservation Division and Land Management, Department of Transportation, Department of Agriculture, Natural Resources Soil Conservation, and HELCO PUBLIC COMMENTS 31. The Department has not received any comments or objections from the general public or adjacent landowners on the subject applications. -5- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: MICHAEL K AND THUY N. FUJIIIOTO, OWNERS TAX MAP KEY (3) 6-2-11:06 Lot 6 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.0001 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:22 GENERAL INFORMATION 1. Michael K. Fujimoto and Thuy N. Fujimoto, husband and wife, are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.4412 acre portion near the Kawaihae Road and a 2.5589 acre parcel adjacent to the access road. 3. The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service is available to both lots through the underground utility system of the Anekona Estates subdivision. 6 The applicants do not intend to improve the lots at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) EXHIBIT STATE ADD COl'~Tl' PLAti\I~G 8 The present State Land Use district designation is Agriculture. 9 The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development This allows for single family residential in character, ancillary community and public uses. and convenience type commercial uses. 10 The property is located within the County's Agricultural 5-acre zone. 1 l The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12 The property is a ~ 0001 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. l3 The site is undeveloped. Since the site has been previously gazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14 There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. I ~ Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. l6. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18 The United States Department of Agticulture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists of well-drained stony very fine looms that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremel} stony very fine sandy loam about 6 inches thick The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick tt is underlain by fra¢mental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum In places the surface layer is silty loam Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19 -yccording to the Agricultural Lands of Importance to the State of Hawaii (.4L[SH) elassitication system. the property is not classified 20 The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21 The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 23 There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are ruraUresidential in character with minimal a¢ricultural activities. 25 Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. PUBLIC FACILITIES AND UTILITIES 27 The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving. and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new tots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 3 I The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33 The nearest public recrea[ion facility is Waimea Park and ~rtuenue Pla}¢round located six miles east of the site Hapuna Beach Park is seven miles to the west of the site Spencer Beach Park is located six miles west of the site 3~ Public schools lsix miles east) and private schools (4 miles east) provide educational services to the area .-~PPLIC:~NTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: MICHAEL K. AND THUY N. FUJIMOTO TAY ~IAP KEY (3) 6-2-11:06 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land l'se Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries. (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses petittitted under section l S- L 5-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause tray allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapcer 1 Z This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in ttus section "The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the .~,¢ricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house The applicant would like to construct Single Family Dwellings However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling" Farm dwelling is defined in Section 205--~.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices to terms of quality, location, cost, densities, style, and size of housing (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic corttmunity facilities and utilities. • Allocate appropriate requested zorting in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HO SIN • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for otu people. • Improve and maintain the quality and affordability of the existing housing stock. • peel. suffic~en[ production of new affordable rental and fee-simple housm¢ in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons re¢ardless of age, sex, marital status. ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and cortect existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII.Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services. shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The Count} shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations S[andards and criteria for the establishment of these areas shall be developed The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals. policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural azea of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like' concentrations of people, structures. streets, and urban level of services are absent, and where small fazms aze intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor Furthermore, a Rural classification would complement the existine and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co Inc., and telephone service is available from GTE Hawauan Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIltM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from :agricultural 5-acre to Residential-agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the Counh of Hawaii General Plan. Therefore, the applicants request that this request for a State Land Use Boundary amendment from .agricultural to Rural District and the Change of Zone from :agricultural 5-acre to Residential-agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICL'LTL'RaL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: MICHAEL K. AND THt-1' N. FL'JIMOTO TA\ MAP [:Eti' (3) 6-2-11:06 A. SUBJECT REQUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- ~a) to Residential-.-agricultural 2-acres (RA-2) The request is to allow for a two lot subdivision of the applicants propetty in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.0001 acres and will be subdivided to create two lots, 2.5589 acres and 2.4412 acres, The proposed lots are presently vacant but will be developed ac some time in the future for use as residential agricultural lots. The present lot has an access point on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is .4¢ricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor wiU it be inconsistent with the Land Use Commission Rules, the County General Plao aad 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: (t) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general chazacteristics 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 tow-density residential uses for small farm or agricultural uses 2. The applicants believe the proposed redistricting is consistent with §IS-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (l )All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter l2. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(x)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." 't'hus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives aad policies: (a) Planning for the State's socio-cultural advancement with regard co housing shall be directed towards achievement of the following objectives (I 1 Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. . (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (Z) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing cotiununities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawau through the design and maintenance of neighborhoods that reflect the cultures and values of the community. a. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE• • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community ' services and employment centers and with adequate public utilities and facilities. Promote and encourage the rehabilitation and use of urban and rural areas which aze serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. H 1N • Attain safe, sanitary, and livable housing for the residents of the County of Hawau. • Attain a diversity ofsocio-economic housing mix throughout the different parts of the County. • ~lamtain a housing supply which allows a variety of choice • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housin¢ in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background. and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb ~ speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural conununities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land L'se Pauern Allocation Guide (LLYAG) tap component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the ~ arious land uses The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designa[es the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience [ype commercial uses. This request would allow rural developmen[ The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, includin¢ the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section ZS-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and Countys Agricultural zoned districts, it is not curtently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot siu to two acres is consistent with the surrounding properties in the Kanehos and Anekons subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Aneknoa Estates Subdivision which was approved by the County of Hawaii within the [:nplanned zoned district The [,`nplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre 'twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe aU utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acrc to Residential-Agricultural 2-acre complemenu the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawau General Plan. C PHYSICAL CHARACTS'RI TICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.0001 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3 The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant list 4 Since the site has been previously grazed by cattle. it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species There is no evidence of historical or cultural features on the parcel. nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6 Common animal species in the area include field mice and mongoose. There is no I:nown or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than l0%. 8. The average annual rainfall is 20 - 35 inches. 9 The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4 Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. l0 The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine looms that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa. Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. I~ The Land Study Bureau Overall Productivity for this area is °E", Very Poor 13 The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14 The surrounding properties are located in the State's Agricultural District and in the Cuunty s Agricultural ~-acre and l-acre zones. Kamuela Plantations. A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision. A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. I5 There is a small parcel that is located within the State Land Use urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. l7 Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. l8 A plants list is attached as Exhibit "A". D PUBLIC FACiLITiES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable_service is provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standazds and requirements of the State Department of Health. - 5. The nearest police station is located seven miles east of the site in Waimea. ' 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Pazk and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven n?iles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. E:YViRONMENTAL ASSESSMENT AND ANALYSIS: I The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3 Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. ~i Vu rare ur threatened or endangered species are present on the pazcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9 The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution.. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. l0 The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. l 1 The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. l2. Because adjacent pazcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13 Because of the poor quality of soil and the existing use of the property, removing this parcel from thi: inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. l6. [n terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX tv1AP KEY (3) 6-2-11:06 LOT 6 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTffIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Buffle grass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava SITE PHOTOGRAPHS , . _ ~ t:;~_:,. ` , . View looking north showing the grasslands and neighboring properties. .qT 1 n ~ g1~S~~ ' Lie t. •~~i'T~.'. _ iii-~jW~~ 1'~ ~ ~ - -~1Y1 . _ ZiT~ 1 ~ Pl j View looting north-nortt east showing neighboring properties and the undeveloped lots. ti,~t l/ ~ Y1 r)11e rA (~-!i NM N dr:f) QYOY r]NtV• v 3rNlrN Y.M sA~ R8f .~MYi a a a Z ~ W s ~ Y 1~~ U+ c .JY. • W 1 w ~ ~ ~r w s au p w ~ ~ i ~ ~ 1 ~ ~ ~ ~ ST e Y ~ 4 ~ Y r i „ (r'R~ r ` J Y VV { A ~w w vI M w i ~ta - +1 ' a M ~ 111 fi'~ ±r~ ..r" M~~w~' r.-- -,.r,... .a. ioy aray pt uqr ~ f. 3 0 H rt DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII I~~~ t~~~• 25 AUPUNI STREET HILO, HAWAII 96720 TELEPHONE (6081 961-8660 FA% (6081 96t-6657 September 24. 1998 t J~ /t _ l T0: Planning Department FROM: Milton D. Pavao. Manager - c.~ SUBJECT: STATE LAND USE AMENDMENT APPLICATION N0. 98-007 to REQUEST - AGRICJLTURAL TO RURAL ~ CHANGE OF ZONE APPLICATION N0. 98-024 REQUEST - A-5a TO RA-2a APPLICANT - MICHAEL K. AND THUY FUJIMOTO TAX MAP KEY 6-2-011:006 We have reviewed the subject applications and have the following comments. Water can be made available from an existing 6-inch waterline along Kanehoa Street fronting the property. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant. a water commitment may be issued. Based on the one (1) additional unit requested in the proposed 2-unit development, the required water commitment deposit is 5150.00. Remittance by the applicant of the 5150.00 is requested as soon as possible so that a water commitment nlay be formally issued. The comnitnlent will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected. water availability is subject to change depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Install a service lateral that will accommodate a 5/B-inch sized meter to the additional lot. 2. Submit construction plans and desi ~ ons prepared by a professional engineer, architect. or land surve~P '"regi~ered in the State of Hawaii, for review and approval. ~ 1r3 9A1 ~ . .unc-G2 Planning Department Page 2 September 24. 1998 3. Remittance of the prevailing facilities charge. which is subject to change. of 53.375.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. 4. The appropriate documents shall be submitted, properly prepared and executed. to convey the water system improvements and necessary easements to the Water Commission of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However. prior to water meter services being granted to the development. or any lots within, the conveyance documents shall be accepted by the Water Commission. Should there be any questions, the applicant can contact our Water Resources and Planning Branch at 961-8660. Milton D. Pavao. P.E. Manager WA:dms copy - (w/att.) Mr. Michael K. and Mrs. Thuy Fujimoto (w/o att.) Mooers Enterprises COUNCIL COPY DO NOT REMOVE STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural CHANGE OF ZONE APPLICATION Agricultural 5-acre to Residential Agricultural 2-acre Michael K. and Thuy N. Fujimoto TMK: (3) 6-2-11:06 Anekona Estates Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises August 27, 1998 c- Ca;;l.; ~iP Pc C.vJNTY OF HAWAII PLANNING DE:rARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Michael K. Fuj lmoxo a~ TF~y N. Fujimoto ~ ~ ~r~ ~ a < ~ . rr-T~-- APPLICANT'S SIGNATURE: i I MAILING ADDRESS:P.0. Box 6526 _ Kamuela, Hawaii 96743 TELEPHONE: (BUS) 966-5637 (HOME) SSSxk~:tf~x-8383 LANDOWNER: Michael K. Fu'im yy N. Fujimoto LANDOWNER'S SIGNATURE:x k~ ~ •..,rt-' TAX MAP KEY: (3) 6-2-11:06 LAND AREA: s nnni ~~r~~ CURREN'T' STATE LAND USE DISTRICT CLASSIFICATION:Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: H Rural THE APPLICANT SHALL SUBMIT TAE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q PD 2/26/87 C1-iANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENNTT (Type or legibly print the requested irtf"~t3frtfatiott~7 ~~'i 9 ' U APPLICANT: Michael K. Fuj' y N. Fujimoto _ ,=i~ C,-~ APPLICANT'S SIGNATURE: ~ / 2 . DATE: $ ~ z 7 ~ 9 a ADDRESS: P.n. aox 6s~6 Kamuela. Hawaii 9674'1 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 966-5637 (Res.) 885-8383 (Fax) 885-1514 LANDOWNER(S): F ' i LANDOWNER SIGNATURE(S): J ~ ~ DATE: 8/27/98 1~4a by letter) LANDOWNER(S) ADDRESS: Same REQUE$'I'; Agricultural 5-acre TO Residential-Agricultural 2-acre (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-11:06 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.0001 acres AGENT: Gregory R. Mooers, Mooers Enterprises ADDRESS: P • o. Box 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.) 885-6839 (Res,) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Fu,7 imoto COPIES: Mooers (See Instructions on Reverse Side) r ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If des, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.001 acres b. Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? No If please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application forme anrlnaar3 2. If you have no firm plans of subdividing the subject area, do you intend to: - a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create two residential-agricultural lots iu the highly desirable South Kohala area. ' 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No ' If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include 'the following considerations? a. Commodity to b'e produced? - What kinds of co®odity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state [he proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? ~O If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x - b. Roads X c. Sewer X d. Drainage X -3- Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance ate needed. ~c i Signature: ~ Skc Address: P.O. Box 6526 Kamuela, Hawaii 96743 Telephone: 885-8383 Date: 8/27/98 -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: MICHAEL K AND THUY N. FUJIMOTO, OWNERS TAX MAP KEY (3) 6-2-11:06 Lot 6 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.0001 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:22 GENERAL INFORMATION 1. Michael K. Fujimoto and Thuy N. Fujimoto, husband and wife, are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.4412 acre portion near the Kawaihae Road and a 2.5589 acre parcel adjacent to the access road. 3 The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service is available to both lots through the underground utility system of the Anekona Estates subdivision. 6 The applicants do not intend to improve the lots at this time. APPLICANT'S STATEMENT 7 In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. l0. The property is located within the County's Agricultural 5-acre zone. l I The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.0001 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 15 Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than l0%. l7. The average annual rainfall is 20 - 35 inches. 18 The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas aze extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general azea. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side ofHualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. [t is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. [n places the surface layer is silty loam- Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19 According to the .Agricultural Lands of Importance to the State of Hawaii (AL[SH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A- l a, located to the west of the site is undeveloped at this time. 23 There is a small State classified urban area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities 25 Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28 The site is serviced by Department of Water Supply water. 29 Electrical, telephone and cable service is provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31 The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Artuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34 Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: MICHAEL K. AND THUY N. FUJIMOTO TAY MAP KEY (3) 6-2-11:06 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as chazacterized 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. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-ZS relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regazd to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical envirortments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living envirottments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations SINGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in approptiate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which wou?d be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural corrtmunities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that this request for a State Land Use Boundary .amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: MICHAEL K. AND THUY N. FUJIMOTO TAX MAP KEY (3) 6-2-11:06 A. SUBJECT REQUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa) to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.0001 acres and will be subdivided to create two lots, 2.5589 acres and 2.4412 acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has an access point on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply [t is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-5a). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (l) 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. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (I )All uses permitted under section l5- 15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12 This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives' (I) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of qua?ity, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 1. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County- • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned azeas. • To provide single-family residential azeas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states' "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surcounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Aneknoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co [nc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: l . The property is a 5.0001 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3 The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5 There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6 Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9 The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. l0 The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. [t is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 1 1. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. l3. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. l4 The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and l-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. l5. There is a small parcel that is located within the State Land Use urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 17 Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. 18 A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: l . The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service is provided to the project site via the underground utility service of the Anekona Estates subdivision. 4 This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS• I The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3 Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water -t ~'o rare or threatened or endangered species are present on the parcel. nor are [here unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6 Arty short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9 The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. l0 The proposed action is unlikely to adversely affect scettic views. The newly created lot is within an area of existing residential and agricultural uses. l I The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. l3 Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. l5. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. l6. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-11:06 LOT 6 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Buflle grass Pennisetum sataceum Fountain grass [lima Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava SITE PHOTOGRAPHS ,t r; View looking north showing the grasslands and neighboring properties. e_ View looking north-norht-east showing neighboring properties and the undeveloped lots. i s rSSIE -- � - a i p,. i 0 J ! 1 J � � ' a ANEROMA (STATES ' 4 w�I p A-So Zeiy y )) + i 14 �fD� M <et I it i j H - \" h st Ma ne non , 4 � ' _ a -1 4 g e nraw. I 1 1 e.f.,, 4.442---0- _ m" Y/C/NITY TAP P s SOMI(I I IMOM - HO 00 W> I e Y!° )„ L'',, 1 �, ANEKONA ESTATES 0 J .l ` ��!i ''Y 4 ° 4 44, o O • 3 PROPOSED A -5a TO RA -2a ZONING _ r ` ' ' 3� • I ; Of O tl '; =T . 0 4 s *, 0 I t PROPOSED LOT 6-A LOT 6 ` < �s I x • � � ' . ±2.5589 ACRES P RQcOSED !N B-B I' o . g n 11 k t 2H1T ACRES h M o 5.0001 ACRES 4. • i 2 A'AFIMO PACE ty 4 I 4c POrlf•n • of RP. JSJT, LC AM ISIS-14 Aft. I f. Jenne Y•OAI M.11. 6.. W ! � < 0 i N • Sr - 73172 2 < r " v < A -Ja Lai* y„ 4. W 1y� a a Iaw11 < 1 j 1 I I ! a �, /?EZONING DS , , MAP SHOWING LOT 6 OF ANEKONA ESTATES I i Being a Portia' of R.P. 2237, L.C. Aw. 8518-8, Ap. 1 to James Young Konehoa � t r nu e ... rm r.r.r .... 5i y iA. UCU® ..... - "' r.r�./�.. ,i� f I A 4 ti31�. At Ouli, South Kc�hala ` nna .OSAS ..b t S1 fRlOS ,.,. ._.n Island and County of Hawaii, State of Hawaii '.. t •� • am .r M...II c«.miro aw..e LS Hit WmiU NOTES I .>•~~ . I. AAnM. al co ,.b. w nflrM to c..enr.af Army TIapA.Sn Sty** 'ASAI IM' e z None d cone. d .#MST d. Or s. Sr n e.a.cO. To mr..r Er PROJECT NO.... /5869 Mm ,. I/pNEi AND 17111Y TWR7T0 (0J05) WEB ?SOMAS ASSOCIATES DAM ALG(b'f 19, 1996 P8 Y 6, — Tel 9.rge. — WOK IVO - ep Mw/a 14.V Inl n'L1f -- AY.. — g �,_ 4 : 1 i R"' .m qo TAW AAP %DA 6 -1 -11:06 (.Mn DMSION) SCALL IN FUSS * :LS Mt Oda 01•11*Ymia. IbIleRl MN I I