HomeMy WebLinkAboutCOM 0392.000 2012-2014 JMIV OF ' Walter K.M.Lau
Managing Director
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William P.Kenoi R F�
Mayor Randall M.Kurohara
• i."•. �'•..... Deputy Managing Director
County of Hawai`i
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
August 14, 2013
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J Yoshimoto, Council Chair • �s
and Members of the County Council
County of Hawai`i — `--4
VI
25 Aupuni Street 1
Hilo, HI 96720
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Dear Chairman Yoshimoto and Members: %Al
--
/Change of Zone Application (REZ 13-000163)
Applicant: Douglas and Ruth Dick
Request: A-5a to FA-2a
Tax Map Key: 6-4-018:087
Change of Zone Application(REZ 13-000165)
Applicant: Harold Teshima
Request: A-5a to FA-2a
Tax Map Key: 7-9-003:portion of 033
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letters and
enclosures regarding the above-referenced applications.
Sincer-
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
Comm. No.
<bikt Ref.70:, G
County of Hawaii'i is an Equal Opportunity Provider and Employer. Ref. Date AUG 15 2013
.t?!....
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
J Yoshimoto, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Council Members:
Change of Zone Application(REZ 13-000163)
Applicant: Douglas and Ruth Dick
Request: A-5a to FA-2a
Tax Map Key: 6-4-018:087
The Leeward Planning Commission, at its duly held public hearing on July 18, 2013,
recommended for your approval the proposed legislative bill for a change of zone from
Agricultural— 5 acres (A-5a)to Family Agricultural—2 acres (FA-2a) for approximately 5.001
acres of land. The property is located on the south side of the Mamalahoa Highway, east of the
Pu`u Nani Subdivision, Pu'ukapu Homesteads, 2nd Series, South Kohala, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
Change of Zone from Agricultural 5-acre(A-5a) to Family Agricultural- 2 acres
(FA-2a) for approximately 5.001 acres of land to subdivide the property into two lots
approximately two acres each. The applicants plan to convey the lots to each of their two
children, one of whom intends to live on the property with her family.
Hawai`i County is an Equal Opportunity Provider and Employer
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 2
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from A-5a to FA-2a conforms to the goals,
policies and standards of the General Plan Economic and Land Use Elements. The
General Plan is intended to be used as a policy guide for the coordinated growth and
development of all sectors of the County. It sets forth goals, policies, standards and
courses of action to accommodate growth without congestion, to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture
and open space, and to coordinate these uses with the County's service and circulation
systems. The overall goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. Land use is one of the
principal focal points of public concern and policy. The Land Use Element provides the
primary basis for direct control and guidance of publicly and privately owned resources.
The proposed change of zone conforms to the General Plan Land Use Pattern
Allocation Guide (LUPAG) Map. The Land Use Pattern Allocation Guide(LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
property is designated Important Agricultural Lands, which includes land with better
potential for sustained high agricultural yields due to soil type, climate, topography or
other factors. The applicant plans to continue to use portions of the property for
agricultural uses, including a bonsai farm, cultivation of domestic agricultural and citrus
crops, and intermittent cattle and sheep grazing on the rear portion of the property.
Although the South Kohala Community Development Plan(SKCDP) is generally
silent for development in this particular area, nevertheless, it generally conforms to the
following in the SKCDP:
• Figure 4.4: Waimea Town Conceptual Plan identifies this area as "Small Farms
and Ranches Preservation Program."
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 3
• Policy No. 2, Responsible Growth(page 70): "moderate the pace of growth and
change in Waimea"; the last section of this policy in Strategy 2.1 "While these
tools and programs are being put into place, private lands that are currently zoned
A-5a, A-10a, A-20a, or A-40a should retain their current zoning. Exceptions can
be made for affordable housing, agricultural cluster subdivisions, and small-scale
rezonings of 4 lots of less that may assist families in allowing their children to
obtain individual properties."
• Policy No. 3 (page 72), Environmental Stewardship, Strategy 3.1 - Protect
Important Agricultural Lands. Though small scale, agricultural uses will continue
on this site.
The ALISH Map identifies the area as Prime Agricultural Land. This designation
includes land best suited for the production of food, feed, forage and fiber crops.
However, the Land Study Bureau's Productivity rating for the site is "C"or"Fair". The
property is approximately five acres in size and improved with two dwellings, garage, and
a greenhouse. The applicants use the greenhouse and an approximately 2,000 square feet
area outside of the greenhouse for their bonsai farm and average approximately sixteen
hours per week tending the greenhouse, trees, and grazing area on the site.
One of the two dwellings is currently being rented and permitted under Ohana
Dwelling Permit No. 89-319. Due to the location of the two dwellings, it is not feasible
to create a 2-lot subdivision with a dwelling on each lot. The applicant states that
because the additional dwelling was proposed as an ohana dwelling since 1989, it could
be considered grandfathered for the proposed lot, and the new lot may be limited to only
one dwelling. Should this request be approved, the applicant may typically apply for an
Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate
or attached unit on each parcel. An additional dwelling may be constructed on each lot,
doubling the existing density of the area. The potential to allow additional dwellings may
contribute to a cumulative burden on the existing infrastructure that cannot be supported.
The Planning Director therefore supports this change of zone request subject to a
condition within the proposed ordinance that will prohibit the construction of a second
dwelling(ohana)unit and/or the establishment of a Condominium Property Regime
(CPR) on the newly created vacant lot.
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 4
The proposed change of zone would complement the existing mix of agricultural
and residential land uses in this immediate area. Within the Puu Nani Subdivision, there
are half- to one-acre lots across the project site. Properties adjoining the site are
approximately five-acres in size, while lots on the northeastern side are approximately
forty acres in size. In 2012, the County Council approved the rezoning of a property
located less than one mile from the subject property to a Residential Agricultural (RA-.5)
district. While soils in this area are of good quality, the size of the lots and its historical
residential use already defines this area as more residential than agricultural in nature.
Therefore, this change of zone request will not compromise the maintenance of prime
agricultural lands for agricultural purposes.
All utilities and services are available to the site. County water is available to
the site. The proposed lots will utilize individual wastewater treatment systems meeting
with the approval of the Department of Health. Solid waste will be disposed of at
appropriate sites designated by the Depaitinent of Environmental Management. All
essential utilities are available to the project site. Police, fire, and emergency services are
available in Waimea.
Access to the project site is from the Mamalahoa Highway and an existing
easement on the eastern side of the property. The existing 40-foot access easement has a
gravel road of varying width and grass shoulders within a 40-foot wide right-of-way. The
road also serves another 5-acre parcel. The existing approach to and within Mamalahoa
Highway is paved for approximately 45 feet from the highway. According to the
Department of Public Works (DPW), direct vehicular access from Mamalahoa Highway
shall not be allowed. There is an existing driveway on the west side of the lot that
provides access to the `ohana dwelling, which will be allowed to remain. Standards for
agricultural roads are typically 20 feet of agricultural-standard pavement within a 50-foot
wide right-of-way. While there is the potential for other similar rezonings in the area,
should this request be approved, this existing access easement will only serve this
proposed 2-lot subdivision and only one additional lot. Therefore, the existing gravel
road is sufficient in width to support the proposed subdivision, as evidenced by Section
23-88 of the Subdivision Code that requires an agricultural road of 16-feet width within a
20-foot wide right-of-way. The applicants shall anticipate the gravel road to be improved
to an R-39 Standard Detail as part of the subdivision review process.
The project site is located within Zone "X", areas determined to be outside the
500-year floodplain. All development generated storm run-off shall be disposed of on-
site and not allowed onto adjacent properties or roadways. The property has been
developed for single-family residential use since the late 1970's; thus, no formal
archaeological study was conducted. The DLNR-HPD has indicated that no historic
The Honorable J Yoshimoto, Chairman
and Members of the County Council
Page 5
properties will be affected by this project. Due to the improved nature of the site, no
professional flora or fauna surveys were conducted.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area and more than twelve miles from the shoreline; thus, it will not be
impacted by coastal hazard and beach erosion. There is no record of a designated public
access to the shoreline or mountain areas that traverses the property. According to the
applicants, no valued cultural, historical or natural resources exist on the property and
there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the area. Therefore, no action is
necessary to protect these rights.
Based on the above findings, approval of this change of zone request from an
Agricultural (A-5a) to a Family Agricultural (FA-2a) zoned district would result in an
appropriate land use pattern that will further benefit the general public.
For your favorable consideration, an amendment to Section 25-8-11 (Lalamilo-Puukapu Zone
Map), Chapter 25 (Zoning Code) of the Hawai`i County Code) is transmitted.
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Powerpoint presentation for your information.
Sincerely,
Brandi K. Beaudet, Vice Chairman
Leeward Planning Commission
Ldickrezl3-0001631pc2
Enclosures
cc: Mr. Sidney Fuke
Douglas and Ruth Dick
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
DOT-Highways, Honolulu
William Brilhante, Esq., Corporation Counsel
Planning Department- Kona
BDickREZ.doc-6/13/13
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
DOUGLAS AND RUTH DICK
CHANGE OF ZONE APPLICATION(REZ 13-163)
DOUGLAS AND RUTH DICK have submitted an application for a Change of Zone
from Agricultural- 5 acres(A-5a)to Family Agricultural -2 acres (FA-2a) for approximately
5.001 acres of land. The property is located on the south side of the Mamalahoa Highway, east
of the Puu Nani Subdivision, Pu'ukapu Homesteads 2°d Series, South Kohala,Hawaii, TMK: 6-
4-018:087.
PROPOSED ACTION
1. Request: Change of Zone from Agricultural 5-acre(A-5a)to Family Agricultural-
2 acres (FA-2a)for approximately 5.001 acres of land to subdivide the property into two
lots approximately two acres each. The applicants plan to convey the lots to each of their
two children,one of whom intends to live on the property with her family. (Planning
Department Exhibit 1 - Change of Zone application)
2. Reasons: The applicants have resided on the property for over 20 years, and as part of
their estate planning, would like to subdivide the property into two (2) lots to convey to
their two children. One child intends to reside on the property adjacent to the applicants.
3. Landowners: Douglas and Ruth Dick.
STATE AND COUNTY PLANS
4. State Land Use Designation: Agricultural.
5. GP LUPAG Map: Important Agricultural Land.
6. Community Development Plan: The South Kohala CDP identifies the area as "Small
Farms and Ranches Preservation Program".
7. County Zoning: A-5a.
8. Special Management Area (SMA): The property is not located in the SMA.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Property: The property is improved with two dwellings, a garage, and a greenhouse.
The applicants use the greenhouse and approximately 2,000 square feet area outside of
the greenhouse for their bonsai farm. The applicants average approximately sixteen
Attachment to: Comm. 392
Bill 112
hours per week tending the greenhouse,trees, and grazing area on the site. There are
various citrus and fruit-bearing trees on the property. One of the dwellings is currently
being rented and permitted under Ohana Dwelling Permit No. 89-319. Due to the
location of the two dwellings, it is not feasible to create a 2-lot subdivision with a
dwelling on each lot. The applicant states that because the additional dwelling was
proposed as an ohana dwelling since 1989, it could be considered grandfathered for the
proposed lot, and the new lot may be limited to only one dwelling. Another alternative is
to allow the dwelling on the proposed lot to be justified as an additional farm dwelling.
10. Surrounding Zoning/Land Uses: Surrounding properties are zoned A-5a and in
residential or agricultural uses.
11. ALISH: Prime Agricultural Land.
12. Land Study Bureau's Detailed Land Classification System: "C" or"Fair."
13. U.S. Soil Survey: Maile Silt Loam (MaA); permeability is moderately rapid,runoff is
slow and the erosion hazard is slight. This soil is used for pasture and woodland.
14. FEMA: Zone "X", areas determined to be outside the 500-year flood plain.
15. Flora/Fauna Resources: No formal flora/fauna study was conducted, as the property
has been used as a dwelling site since the late 1970's.
16. Archaeological Resources: No formal archaeological study was conducted as the
property has been improved. By letter dated March 13, 2013,the applicant has requested
a letter of"no effect" for the proposed action, and DLNR-HPD responded that no historic
properties will be affected by this project.
17. Cultural or Native Gathering Rights: According to the applicants,there are no
traditional and customary Native Hawaiian rights being practiced on the site.
18. Public Access: None that traverses the property.
PUBLIC UTILITIES AND SERVICES
19. Access: Access to the project site is from the Mamalahoa Highway and an existing
easement on the eastern side of the property. The existing 40-foot access easement has a
gravel road of varying width and grass shoulders within a 40-foot wide right-of-way.
The road also serves another 5-acre parcel. The existing approach to and within
Mamalahoa Highway is paved for approximately 45 feet from the highway. According to
the Department of Public Works (DPW), direct vehicular access from Mamalahoa
-2-
Highway shall not be allowed. The Department of Transportation anticipates no
significant adverse impacts to State transportation facilities.
20. Water: County water is available to the site.
21. Wastewater: There is no municipal sewer system in the area. The proposed lots will
utilize individual wastewater treatment systems or a cesspool system meeting with the
approval of the Department of Health.
22. Solid Waste: Solid waste will be handled by commercial haulers or disposed at
authorized landfill sites or transfer stations.
23. Essential Utilities and Services: All essential utilities are available to the property.
Police,fire and emergency services are available in Waimea.
AGENCIES' AND ORGANIZATIONS' COMMENTS
24. Department of Public Works: P.D. Exhibit 2 -April 1,2013 memo
25. Department of Water Supply: P.D. Exhibit 3 -April 10,2013 memo
26. Police Department: P.D. Exhibit 4 -April 3,2013 memo
27. Fire Department: P.D. Exhibit 5-April 11,2013 memo
28. Department of Environmental Management: P.D. Exhibit 6-March 22,2013
memos
29. DLNR Historic Preservation Division: P.D. Exhibit 7- comments received on April
25,2013
30. Department of Health: P.D. Exhibit 8 -April 4,2013 memo
31. Department of Transportation: P.D. Exhibit 9-April 17,2013 letter
32. Waimea Community Association: P.D. Exhibit 10-April 9,2013 letter
APPLICANT'S RESPONSES TO AGENCIES' COMMENTS
33. P.D. Exhibit 11 -April 3,2013,April 15,2013,April 24,2013 and May 21,2013
letters
PUBLIC COMMENTS
34. None as of this writing.
-3-
SidneyFuke, Planning Consultant
100 Pauahi Street,suite 212•Hilo,Hawaii 96720 PLANNING DEPARTMENT •Planning•variance•Zoning
Telephone:(808)969-1522•Fax:(808)969-7996 "°[''".-' f)F HAWAII
•Subdivision•Land Use Permits
E-mail:sidfukeohawailantei.net •Environmental Reports
2013 NAR ! 3 PM 12: 25
March 13, 2013
Ms.BJ Leithead Todd,Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo,HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning Application—Douglas and Ruth Dick
Puukapu Homesteads rd Series
South Kohala.Hawaii.TM K: 6-4-018: 087
Transmitted herewith for your review and processing is a rezoning application
affecting 5+acres of land. The subject site fronts the south side of Mamalahoa Highway,
near the I-acre Puu Nani Subdivision in Waimea(Kamuela), Hawaii. A property less than
1,000 feet to its west was recently rezoned into the RA-.5a district.
If approved,the applicants hope to subdivide the property into two(2)lots averaging
2.5 acres each. The lots would be conveyed to the applicants' children.
The transmittal includes the a)original and original and twenty(20)sets of the
application form, departmental questionnaire, and environmental report,which includes the
location and proposed site plan;b)processing fee of$550;c)a list of surrounding property
owners within a thousand(1,000)feet of the subject parcel; d) real property tax clearance
form; e)the metes and bounds description;and f)deed showing the grant of easement. Also
included is a request for a"no historic effect"determination letter, dated March 13, 2013, to
the State Department of Land and Natural Resources—Historic Preservation Division.
We trust that everything is in order for your acceptance and processing of this
application. If not or if there are questions relating to this matter, please feel free to direct
them to me. Thank you very much.
incerely
S NEY . FUKE
Planning Consultant
Enclosures
Copy—Douglas and Ruth Dick w/enclosures
Planning Dept. 084039
Exhibit
APPLICATION
FOR
COUNTY REZONING
(A-5 to FA-2a)
APPLICANTS: DOUGLAS AND RUTH DICK
PUUKAPU HOMESTEADS 2ND SERIES
SOUTH KOHALA, HAWAI'I
TAX MAP KEY: (3) 6-4-018: 087
Prepared For:
Douglas and Ruth Dick
Prepared By:
Sidney M. Fuke,Planning Consultant
March 2013
CHANG E OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING
(Type or legibly print the requested information)
Douglas Dick and Ruth Dick Njarch 6, 2013
APPLICANT: /� DATE:_
f
APPLICANT'S SIGNATURE:"----
IGNAT'iJK-�""
ADDRESS: P.O. Box 1552
Kamuela, HI 96743
LIST APPLICANT'S INTEREST IF NOT OWNER: RS:
LIST PRINCIPAL OFFICE
S)INCLUDING NAMES OF MAIN (Fax)
(Res.) 885-6195
PHONE:(Bus.)
Douglas and Ruth Dick Marsh 62013
LANDOWNER(S): _ � �1` �ATE:�--
�"f cam' letter)
LANDOWNER SIGNATLTRE(S)`� _' (May be by
LANDOWNER(S)ADDRESS: HI 96743
p,0. Box 1552 Kamuela,
TO FA-2a
REQUEST: A-5a(Existing zoning)
6-4-018: 087 (proposed Zoning)
TAX MAP KEY:
STREET ADDRESS OF PROPERTY: 64-617 Mamalahoa Highway
Katnuela, HI 96743
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED:
5.001 acres
S
AGENT:
Sidne M.Fuke Plannin_ Consultant
ADDRESS: 100 Pauahi Street Suite 212
Hilo HI 96720
(F )
TELEPHONE:(Bus.) 969-1522
Please indicate to whom original correspondence and copies should be sent.
Plea Dou las Dick
ORIGINAL: Sidne Fuke
COPIES:
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? All
b. Into what lot sizes? 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? 1 month
d. Do you intend to build houses on the newly created lots? No
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form.
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans? N/A
b. Sell or lease the land to someone who has tentative plans? N/A
c , Sell or lease the land to someone who has no plans? N/A
d. Keep it? Yes
e.
P. D. 2 5/84
f , If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also , include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
By providing land for family member,it eliminates need for a lot in the open market.
4. Are there any buildings on the subject area?
Yes
If so, what kind?
2 Single-family dwellings
What do you intend to do with those buildings if your request is
approved?
Continue to use the dwellings.
5. Is the subject land currently being used for any agricultural activity? Yes
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
Intermittent cattle grazing;ornamental and fruit trees
6. Was your request to allow for the creation of smaller agricultural
lots?
Yes
If so, did your plan include the following considerations?
a. Commodity to be produced? Yes
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity? Yes
c . Sufficient farm size to allow reasonable chance of success in
commercial agriculture? Yes
-2-
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' DATE OF SURVEY: NOVEMBER 30, 2013
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` •-. _ THIS WORK WAS PREPARED DY ME OR UNDER MY
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CO 0� S IN FEBRUARY,2015.
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Z,_ REGISTRATION No.7775 ucewe0 1
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FIGURE 3
requirement per the Subdivision Code to pave this easement,
depending on the width of the required paved area, the applicants
may request a variance from that requirement due to cost
consideration.
It should also be noted that because of the location of the two (2)
existing dwellings on the property, it was not feasible to create a 2-lot
subdivision with a dwelling on each of the proposed lots. However,
as the additional dwelling was allowed as an Ohana dwelling, it could
be considered "grandfathered" for the proposed lot, while the new lot
would be limited to only one dwelling.
If not, the dwellings on the proposed lot could be justified as an
additional farm dwelling. The"Ohana" dwelling is currently being
rented. However, the applicants' daughter and her family intend to
move to the property in the very near future. The applicants and
eventually, their daughter and her family, tend to a small greenhouse
on the property which is also located on the proposed lot with the two
(2) dwellings. The applicants currently use the greenhouse and about
a 2,000 square feet area outside of the greenhouse for their bonsai
farm. The applicants also have citrus and other fruit bearing trees on
the property. It is estimated that the applicants average at least
sixteen (16) hours per week to tend to their greenhouse, fruit-bearing
trees, and cattle/sheep grazing area in the back.
It is understood that the subdivision plan submitted herein may
change prior to receipt of final subdivision approval to accommodate
the applicants' wish as well as to comply with County subdivision
requirements and appropriate rezoning conditions.
B. Project Timetable and Cost
The applicants hope to secure the necessary County rezoning
approval as soon as possible and begin the subdivision process
immediately thereafter. The applicants would like to have the land
subdivided and conveyed before the end of next year.
The estimated cost of improvements would be $75,000. This would
largely be for the water system and any roadway improvements that
may be necessary to serve the proposed lots.
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IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The entire site is within the Agricultural district The proposed lot size
(2+ acres) and intended use (family agriculture)would be consistent
with the rules and regulations governing the State Land Use
Agricultural District.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site important Agricultural. important
Agricultural land is attributed to those lands with "better potential for
sustained high agricultural yields because of soil type, climate,
topography, or other factors."
Based on the requested Family-Agriculture (FA-2a)designation, the
project would be consistent with the General Plan LUPAG map, and
no amendment to the map is needed.
C. County Zoning
The County zoning of the subject property is Agriculture (A-5a).
Properties in the general area have a mixture of zoning categories.
The adjoining properties are zoned A-5a. The Puu Nani Subdivision,
located generally north of the site, is zoned A-la. Other properties
further north and east of the site are zoned A-40a.
If approved, the site would be subdivided in a manner meeting with
the Zoning and most of the provisions of the Subdivision Codes.
Ralative to the Subdivision Code, the applicants may be request relief
(variance)from possibly the road and water infrastructure
requirements. Specifically, these may be reducing the pavement
width requirement from fourteen (14) feet to something less, as well to
hay a the water meter located fronting the Mamalahoa Highway
ins'.ead of being placed within the easement area fronting the
r,rc'posed lot. Notwithstanding those reliefs, all uses and standards of
the Zoning Code, consistent with the requested FA-2a zone, would be
adhered to.
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D. Relationship to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal Zone Management
(CZM) Area, some discussion of the request's relationship to the CZM
Program follows.
The site is not adjacent to the ocean. It is nearly eight(8) miles to the
nearest shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is remote. As the site was previously cleared
and used as a residence and some farming activity which includes the
bonsai farm, cattle and sheep grazing, and fruit trees, it would not
appear that there are any archaeological features within the area of
the proposed improvements. Should there be any inadvertent finds
during construction of the subdivision, work will stop until clearances
are received from the appropriate County and State agencies.
The proposed action will involve the construction of improvements in
a rural-residential setting. Accordingly, there is a potential visual
impact to the area's scenic and open space resources. However,
the project would involve the construction of a single-family farm
dwelling on one of the newly created lots. Further, the scenic sites
(Waipio Valley and Mauna Kea) in this area would not be visually
affected.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located nearly eight (8) miles from the nearest
coastline. Notwithstanding the distance, the nature of the project—
residential/ agricultural—and the construction of only an additional
wastewater system are such that potential coastal ecosystem impacts
would usually not be found.
The proposed action will result in creating the potential for small-scale
agricultural farm lots in this area. This should still provide additional
opportunities for farming. In so doing, the project could aid the
agricultural economy and the overall economic use of this site and
the area in general.
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•
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the"authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned FA-2a,
and the requested use and design/parameters (parking, height,
setback, etc.) would be consistent with said zoning. in that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is
generally a public agency function. This is achieved through the
Marine and Coastal Zone Management Advisory Group (MACZMAG)
and the public hearing process required pursuant to the Leeward
Planning Commission's Rules and County Council's meetings on this
application. Notices of this application will be sent by the applicant to
surrounding property owners of the submittal of the application, and
again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9
relating to Special Management Area.
E. Other Permittinq Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval and the
like.
V. ENiVIRONMENTAL CONSIDERATIONS
��. General Description
The subject parcel is located on the northern slope of Mauna Kea,
approximately eight (8) miles from the nearest shoreline. The parcel
is relatively level. It has an elevation that ranges about 2,900 feet
above mean sea level.
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The mean annual rainfall in this area is approximately eighty (80)
inches. The wetter months tend to occur between March through
September. The mean annual temperature is about seventy (70)
degrees Fahrenheit to the lower 80's. Because the site is situated on
the somewhat windward side of the island, winds tend to be trade and
variable. Slight northeasterly winds occur during the day, while
westerly or mountain winds are prevalent during the evenings.
The subject parcel essentially resembles a rectangular lot. Its longest
side, at 840 feet, runs in a north to south direction. The width is about
260 feet. (Figure 3)
There are two (2) single-family dwellings, a greenhouse, and other
miscellaneous structures on the property. The front portion of the
property has been used more for the applicants' bonsai farm and
domestic agricultural/citrus crops while the balance or rear portion of
the property for intermittent cattle and sheep grazing.
B. Soils and Topography
As noted earlier, the site is relatively level. There are very
undulations or any floodway affecting the site.
The USDA Soil Survey Report identifies soil on this site as of the
"Maile Silt Loam" (MaA) series. This type of soil is characterized as
well-drained, silt clay foams that formed in volcanic ash. Permeability
is moderately rapid, runoff is slow, and the erosion hazard is slight.
This type of soil is typical of pasture, woodland, and truck crops.
The Land Study Bureau Overall Master Productivity Rating for the
subject area is essentially Class "C" or fair(C-160). This soil type
has a fair productivity potential for agricultural crops. It is described
to be of the Nienie and Maile series with deep, medium textured soil.
The soil color is dark brown, and the parent material is volcanic ash.
It is well drained but moist and is well suited for machine tillability.
The State of Hawaii's Agricultural Lands of Importance to the State of
Hawaii (ALISH) maps classify this site as being "Prime". Under this
system, "Prime" refers to lands that have the soil quality, growing
season, and moisture supply needed to produce sustained high yields
of crops economically when treated and managed according to
modern farming methods_
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C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency's Flood
Insurance Rate Map (FIRM) designates the area of the
proposed development to be in Zone X(areas outside of 500-
year flood). Aside from the installation of the water meter for
the second lot and possibly some minor pavement to the
access, there should be very little land disturbance activity
resulting in the need for flood or drainage mitigation.
In either event, if applicable, any existing or potential drainage
ways will be designated on the final subdivision plat maps.
Further, any potential flooding of the site will be addressed
during the subdivision review and approval process.
2. Tsunami Hazard
As the site is located about eight (8) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey(USGS) classifies this
area to be within Lava Flow Hazard Zone 8, on a scale of
ascending risk, 9 to 1. The risk is thus relatively low in this
area. This is compared to the City of Hilo where it has been
classified as Zone 3. There is very little that can be done to
mitigate this situation and reflects an ongoing threat to all
residents and businesses.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, the
applicants understand and accept that there may be added
structural requirements to address this seismic hazard for any
new improvements.
1 . Flor I/Fauna
Although there were no professional surveys conducted of the floral
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or faunal resources of the site, the applicants do not believe that rare
or endangered floral or faunal resources are likely to be found within
the subject site.
The site has already been used extensively for cattle grazing in the
recent past. As such, for the most part, the flora of the site—
especially on the southern end - is dominated by kikuya grass. There
are scatterings of citrus (tangerine, orange, and grapefruit) and other
fruit-bearing trees such as apple. There is a stand of fir trees fronting
the property for windbreak purposes. Thus, floral impacts should be
minimal.
This site is not known to be a habitat for any rare or endangered
animal life. Given its elevation plus the stand of trees north of the
subject site, however, it would be possible to find the Hawaiian Hawk
/'o) and the Hawaiian Owl (Pueo).
E. Historic/CulturallArchaeological Resources
As the site was and continues to be used residentially and for
intermittent cattle grazing, an archaeological inventory survey of the
subject site was not performed. A letter requesting a determination of
"no historic properties affected"from the Department of Land and
Natural Resources has been submitted.
Notwithstanding the above, during the course of improving the site,
should any unanticipated archaeological features or sites be
uncovered, work will cease and the applicant will immediately notify
the Planning Department.
F. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
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The applicant neither recall seeing any native Hawaiians using the
subject or immediate surrounding area in the recent past for the
gathering of plants nor learning of any information to that effect from
area residents. In the unlikely event that legitimate gathering claims
are made by native Hawaiians, the applicant intends to respect and
honor such claims and provide the needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
G. Water and Coastal Resources
The subject site is located nearly eight (8) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a non-
coastal property, no coastal access will be affected.
Wastewater from the project will be serviced with a private sewer
system meeting with the approval and requirements of the State
Department of Health. This will either be a cesspool (if allowed) or in
the alternative, a septic system for the one additional dwelling.
H. Noise, Air Quality, and Dust
The Mamalahoa Highway will serve as the main access to this project.
As this Highway is the major island highway, the ambient traffic level
in this area can be periodically high, especially by commercial trucks.
As such, because this project will generate only an additional lot, the
corresponding noise level to be generated by this project should not
be significant.
There may, however, be short-term noise impacts associated with the
construction of the on-site infrastructure (such as water and road
systems) for the proposed subdivision. Contractors will be required to
comply with appropriate noise and related mitigation measures of the
State Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site as well as farm vehicles
that may be operating within the project site. While there will be an
impact to the ambient air quality, the impact should not be significant.
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The trade wind patterns in this area should help dissipate any
potential air quality impacts. Further, with higher EPA standards for
automobile air emissions, the air quality impact should thus hopefully
not be significant.
As such, with the exception of construction dust in the beginning, long
term dust generated by the project should be minimal. Construction
dust, however, like construction noise will have to comply with the
State Department of Health's regulations.
Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or
areas listed as being a scenic resource. The subject site is not listed
as a scenic site. However, there were a few examples cited in this
area. Most notable would be the views of Mauna Kea and Waipio
Valley.
•
The proposed development would not have any visual impacts on
Mauna Kea. The standard view is from the Mamalahoa Highway, and
Waipio Valley is not visible from this portion of the Highway.
Furthermore, although the site is located on the same side as Mauna
Kea, it does not play significantly into the view plane of the mountain
from the Mamalahoa Highway.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land uses in this area are a mixture of rural lots and low density
agriculture. The rural (1/2 to 1 acre) lots are found across the street
within the Puu Nani Subdivision. Lots adjoining the site are generally
5-acre in size. Lots on the northeastern side are 40+ acres in size. It
should be noted that there was a property that was recently rezoned
into the RA-.5 district less than 4000 feet from the subject site.
While there are some truck crop farms in the A-5a zoned areas, for
the most part, the lands— as with the properties immediately east and
west of the subject property—are generally used for cattle grazing.
The heart of the town of Waimea is located less than two (2) miles to
the west. There are scattered commercial and residential uses
between the subject site and the core of Waimea.
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Given the existing and zoned conditions, the proposed subdivision
would not be incongruous with the emerging residential-agricultural
pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would enhance the potential for the subject site to be more
intensively utilized as a subsistence farm.
Additionally, there would be some small short-term construction
activity during the development of the infrastructure for the
subdivision as well as the eventual construction of one additional farm
dwelling on one of the lots.
C. Agricultural Impacts
The requested zoning would have some measure of economic impact,
as it would create an additional farm lot. Although intended for a
family member, the proposed subdivision should help enhance the
potential to have more agricultural activity on the site rather than the
site's existing limited agricultural use.
Furthermore, the applicants and their families would like to create
areas for small-scale cottage or gourmet type of food products.
These would tentatively include tea, ohelo berries, and the like within
a new greenhouse. In so doing, these uses would enhance the
potential for the subject site to be more intensively utilized for small-
scale truck crop in addition to some cattle grazing.
As such, with the direct agricultural use plus the added tax revenues,
the project could have some positive influence on the island and
area's economy.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the subject property would be initially from the Mamalahoa
Highway and then a 4Q foot wide graveled road easement. A copy of
documents attesting to this easement can be provided upon request.
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The Highway is a County road with a minimum pavement of twenty
(20) feet with grassed shoulders within a 50 foot wide right-of-way.
The graveled easement is located on the east side of the subject
property, and, with this subdivision, would serve a total of three (3)
lots. The Subdivision Code may require a minimum 14 foot wide
pavement for the total of 3 lots. The applicant will either construct this
or, if it is too costly, seek a variance for a more narrow width.
B. Water
Water is available from a 12-inch line along Mamalahoa Highway
fronting the subject property. To minimize cost and since the
easement is only for access and not utility purposes, the applicant
hopes to have the water meter for the newly created lot placed at the
Highway instead of the end of the proposed private access easement.
It should be noted that a variance may be required to accommodate
this alternative.
C. Wastewater
There is no County wastewater system in this area. As such, a septic
tank or cesspool system meeting with the approval of the Department
of Health will be developed in conjunction with the construction of the
additional dwelling.
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested FA 2a zoning, the potential for uses
associated with toxic or related chemical waste would be minimal, if at
all. It should be noted that the applicants intend to retain most of the
vegetation on the site and use if for composting for their property.
Thus, waste from this project would be equal to a domestic use.
E. Other Government Services
As this area is already proximate to the Waimea urban area, it is
already being serviced. No significant extension of government
services would be required. The nearest fire and police stations and
hospital are located in Waimea, approximately two (2) miles away.
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In this area, a K-8 public school is available in Waimea, while
students between grades 9 to 12 would attend Honoka"a, where there
are also playground and tennis courts.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short Term Uses of Environment
and Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the site would
probably continue in low level cattle grazing activity. The applicants,
if adverse financial condition dictates, may have to sell the property.
Given the site's soil classification "CA characteristics, the provision of
smaller lots could result in greater agricultural utilization of the
property. Leaving the land in its large tract would make the land
suitable only for cattle grazing. Admittedly, while a cattle grazing is
an agricultural activity, large lots do not provide opportunities for more
intensive agricultural opportunities.
Thus, from a long-term productivity standpoint, the proposed 2-lot
family agricultural subdivision would provide a heightened level of
possibility in having the land used for more intensive agricultural
activity, while addressing the need to have the landowners provide
properties to their family.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already disturbed. As such, the project should not
result in an irreversible commitment of natural or archaeological
resources.
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The soil on the parcel has been classified "C" or"fair" by the Land
Study Bureau, representing fair agricultural potential. It is thus
maintained that the creation of the 2-lot subdivision should foster and
enhance, instead of remove this land from its more intensive future
agricultural potential.
C. Mitigative Measures
To implement this project, the applicants will have to make some
infrastructure improvements. There will also be improvements to the
site once the land is subdivided. As such, during all construction
phases of this project, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should further unanticipated archaeological finds be discovered in
conjunction with the development of the site, work will stop (as is
required by the State and County) and clearance secured before work
is resumed.
There is no known drainage way on the property. In either event, any
and all required grading or grubbing work will be done in conjunction
with the required permits and/or SCS Agricultural Plan. This is to
assure that the development of this site does not adversely affect the
drainage of the surrounding areas.
Finally, there will be no person or businesses to be dislocated by this
project.
D. Alternatives to the Proposed Project
1. No Project
Under the status quo alternative, the site could continue to
remain in its quasi-residential use with limited domestic
agricultural activities, including intermittent cattle and sheep
grazing. The site could also be sold to one who may be
interested in farming the site or using it only as a residence.
The former option may not be feasible, given the current price
of properties.
Given the soil's semi-arable characteristics and the demand for
small farm lots, the site would not be utilized to its fullest
agricultural potential.
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As such, in light of the current mixture of land uses and lot
sizes in this area and proximity to rural/urban areas, the site
may not be utilized to its fullest agricultural potential if
developed under the existing A-5a zoning.
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as FA-1a. This zoning category could
arguably be consistent from a. land use perspective with the
smaller residential lots found across the street in the Puu Nani
Subdivision.
Because of the size (1-acre) of such an approach, however, it
may not be compatible with the policy of trying to foster more
family-oriented type of agricultural activities, such as truck
crops, in this area.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures will be taken to address any possible
impacts associated by the development of this project.
Further, the project would be consistent with the land use
objectives sought to be accomplished by the County General
Plan LUPAG map. Under the proposal, the land could be used
more intensively for family agricultural pursuits.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested FA-2a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii_ It provides direction for
balanced growth in the County.
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site "Important Agricultural'. Such
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designation refers to lands with "better potential for sustained high
agricultural yields because of soil type, climate, topography, or other
factors."
Based on the requested FA-2a zoning, the project would be
consistent with the General Plan LUPAG designation, and no
amendments would be required.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer-term opportunities
would be created largely in the form of an additional family-oriented
truck farm. In so doing, the resultant project should add revenues to
the County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of the natural elements. Green waste would be used on
site.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns -air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from vehicular and farm equipment transmission, air pollution
associated with the project should be negligible. All wastewater
systems would be consistent with the requirement of the State
Department of Health. This should be sufficient to address any
potential groundwater or coastal water impacts.
The applicants intend to practice waste conservation measures,
largely through the retention of green wastes for composting. The
project will also not be a noisy one, except as may be associated with
a typical residence and the agricultural operations. Any noise-
generating facility - such as generators -would be carefully placed to
minimize their noise impacts to adjoining properties_ Further, it is
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unlikely that this site would be used as a processing plant, as it would
be more economical to send the grown products elsewhere.
The project area is outside of any officially designated floodway. As
such, no drainage improvements appear to be necessary at this point.
If required during the subdivision process, it will be designed and
implemented in a manner to protect the property as well as to
minimize the volume of surface runoff generated by this development.
This may be also accomplished through having an approved SCS
agricultural conservation plan.
As the site has been fully improved in the past, it would not appear to
have any archaeological sites. Nonetheless, work will cease if
unanticipated archaeological remains are discovered while continuing
its farming operations. Work will resume only after proper clearances
from the State and/or County have been received.
Being fully disturbed, the prospects of the site serving as a habitat for
rare or endangered plant or animal life appear remote.
As the FA-2a zoning would allow an additional dwelling, the project
will indirectly fulfill the objectives of the housing element by creating
an additional lot. Concurrently, the additional lot would still provide
an opportunity to enhance the site's agricultural potential.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project has been used in a
manner where it blends with the existing terrain. Furthermore, the
project should create no adverse visual impacts to Mauna Kea or
Waipio Valley from the Belt Highway.
As the project site is about eight (8) miles from the ocean, the usual
coastal resources concern is absent or not pronounced. There will
be no interference with shoreline access. Then, too, through the use
of a DOH-approved wastewater system, impacts to the coastal water
will be minimized.
There will be little impact to public facilities. The wastewater will be
private. The applicant will construct the water and road systems.
Schools and other public facilities are also located proximate to the
site, most of them being less than two (2) miles away in the town of
Waimea.
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In terms of the Land Use and Agricultural elements, the pertinent
goals, policies, and standards of the General Plan note the following:
Goals
• Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County.
• Protect and encourage the intensive and extensive utilization of
the County's important agricultural lands.
• Preserve the agricultural character of the island.
• Preserve and enhance opportunities for the expansion of Hawaii's
Agricultural Industry.
• Assist in the development of agriculture.
• Encourage other compatible economic uses that complement
existing agricultural and pastoral activities.
• Encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and
social environment
• Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public
services and utilities, access, and public need
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• Agricultural land may be used as one form of open space or
green belt.
Finally, the General Plan's Courses of Action for the District of South
Kohala notes the following:
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Economic
• The County shall assist the further development of agriculture in
the area
Land Use-Agriculture
• Encourage large landowners to make agricultural lands available
for agriculture.
In view of the foregoing goals, policies, and courses of action, the
requested zoning would not only be consistent with the General Plan
LUPAG map designation of important Agricultural Land designation,
but its goals, policies, and objectives.
It would also be compatible with the surrounding area. There are
agriculturally zoned properties adjacent and proximate to the subject
site. The project would still maintain the agricultural character of this
general area, albeit in a more intensive manner.
The soil of the site is classified "C" or fair. The project will result in
the further development of the site's agricultural resource and its
eventual productive agricultural uses. This project should thus result
in the more intensive agricultural use of the site.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. South Kohala Community Development Plan
Relative to the South Kohala CDP, Section 15.1 of the County
General Plan called for the development and eventual County Council
adoption of Community Development Plans. The General Plan states
that the CDP "will translate the broad General Plan statements to
specific actions as they apply to specific geographical areas." The
General Plan also notes that should the CDP require a General Plan
amendment, it could be considered concurrent with the adoption of
the CDP. However, "ff there is a direct conflict between the
Community Development Plan and the General Plan, the General
Plan shall be controlling."
19
Pursuant to the above, the South Kohala CDP was developed and
adopted by the County Council during the latter part of the year 2008
as Ordinance No. 2008 159.
Relative to the Waimea Town Plan portion of the CDP, the subject
site is identified on the"Conceptual Plan" of Figure 4.4 as "Small
Farms and Ranches Preservation Program". The CDP also identified
several land use policies and strategies to implement these policies
for Waimea Town. These and their relationship to the requested
rezoning are discussed below.
Policy 1: Preservation of Waimea's Sense of Place.
• Four (4) of the seven (7) identified strategies definitely do not
apply. These are acquisition of critical open space; protection
of important cultural and historic sites, structures, and
landscapes; expansion of the Lalamilo Farm Lots; and
encourage design and architectural guidelines that promote
Waimea's paniolo heritage.
• The other three (3) have some measure of relationship. These
are "protection of the Pu'u'; encouraging small-scale farming
through expanded tax credit; and recognition and protection of
significant trees and other plants in Waimea.
There are no pu'u within the affected area and neither will the
proposed uses compromise the views of any pu'u that lie
beyond or north of the pu'u protection zone identified in the
CDP. The existing and additional dwellings will be less than
thirty (30) feet tall and the pu`u are situated across the street
on the north side of the Highway.
Although the policy relates to tax credit, the focus here was on
its use to encourage small farms_ The project will result in the
creation of two (2) small family oriented farms, and thus, the
project will be implementing this policy.
There are no significant tree lines or plants on the subject
property. The desired tree lines fall in the pu'u protection zone
noted earlier.
Policy 2: "Responsible Growth": Moderate the Pace of Growth and
Change in Waimea
20
• Like the above, Strategies 2.2 (working with Parker Ranch on
its Parker 2020 Plan); 2.3 (revision of the Subdivision Code);
2.4 (amending the General Plan); and 2.5 (secondary
commercial center) do not directly apply to the requested
rezoning.
• Relative to Strategy 2.1 relating to land use decisions that
protect important agricultural lands or culturally, visually
sensitive areas, the requested rezoning would not be contrary
to that strategy. The rezoning would foster greater agricultural
use of a currently agriculturally underutilized property. Further,
it would be consistent with the Plan's exception of a "small-
scale rezonings of 4 lots or less that may assist families in
allowing their children to obtain individual properties."
Policy 3: Environmental Stewardship.
• There is only one strategy—Protection of Important
Agricultural land. While the subject site falls in this category,
the requested rezoning would NOT remove any actively used
agricultural lands. The subject area is used intermittently for
cattle grazing and domestic ornamental and citrus crops.
Given its soil classification, however, it has greater agricultural
potential. Thus, the requested rezoning, by making an
additional small farm lot available—as desired in the CDP —
would enhance rather than detract from this policy.
Policy 4: Develop Affordable Housing For Waimea.
This policy is not directly applicable, although the provision of
the additional lot would enable the construction of a single
family dwelling.
Policy 5. Timely Implementation of Needed Transportation and
Circulation Improvements.
This policy is also not applicable. Of the eight (8) identified
strategies, four (4) talk about trails and bikeways. None of
these fall within the subject property. The remaining four (4)
discuss traffic improvements within the Town and connector
roads, and the subject site is not affected by any of those
roads.
21
D. Zoning and Subdivision
The designated zoning of the site is A-40. Should the FA-2a zoning
be approved and the land subdivided, it will result in the creation of
only an additional lot. However, the smaller sized lots will make more
housing and small-scaled agricultural opportunities available.
If approved, the requirements of the zoning and subdivision codes
would be complied, including use and related development standards.
Please note, however, that depending on the specific comments
and/or requirements for road access and water, the applicant may
apply for a variance or relief from those requirements.
22
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: April 1, 2013
Memorandum
TO : B.J. Leithead-Todd, Planning Director
•
Planning Department
FROM • Ben Ishii, Division Chief'V
Engineering Division
SUBJECT : Change of Zone Application (REZ13-000163)
Applicant: Douglas and Ruth Dick
Location: Puukapu, Waimea
TMK: 3/6-4-018:087
We reviewed the subject application and our comments are as follows:
1. Mamalahoa Highway, the County road fronting the subject property to the north
is an arterial road. Direct vehicular access to individual lots shall not be from
Mamalahoa Highway. Access to Mamalahoa Highway shall be from the existing
easement situated on the eastern side of the subject property as proposed.
2. The existing 40-foot access easement situated on the eastern side of the subject
property has a gravel road of varying width and grass shoulders within a 40-foot
wide right-of-way. The road presently serves one other 5 acre parcel. The
existing approach to and within Mamalahoa Highway is paved for a distance of
approximately 45 feet from the Mamalahoa Highway traveled way.
3. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. If required by DPW, a drainage study
shall be prepared, and the recommended drainage system shall be constructed
meeting with the approval of DPW.
Should there be any questions concerning this matter, please free to contact Kiran
Emler of our Kona Engineering Division office at 323-4851.
KE
copy: ENG-HILO/KONA
Planning Dept.
Exhibit -2-
h ,,,,c - _WArER s
._.. GOO
. `,tom.
3
19: 49$
moo.. DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`1
yT . �P' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
---()p HAW Pp,,,„
'--" TELEPHONE (808) 961-8050 • FAX (808) 961-8657
April 10, 2013
TO: Ms. BJ Leithead Todd,Director
Planning Department
FROM: Quirino Antonio,Jr., Manager-Chief Engineer ,,-') _. .
SUBJECT: CHANGE OF ZONE APPLICATION(REZ 13-000163)
APPLICANT—DOUGLAS AND RUTH DICK
REQUEST: A-5A TO FA-2A
TAX MAP KEY 6-4-018:087
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 12-inch waterline along Mamalahoa Highway, fronting the
subject property. The subject parcel is currently served by two (2) 5/8-inch meters(Account Numbers
770-42890 and 770-42900), each of which is limited to an average of 400 gallons per day and is suitable for
only one(1) single-family dwelling. One meter is allocated to the main dwelling and the other is allocated to
the Ohana dwelling. The proposed subdivision will result in both of the existing dwellings being located on one
(1)lot and no dwelling will be located on the second lot at the time of subdivision.
Pursuant to Rule 5 of the Department's Rules and Regulations,the Department requests that the applicant remit
a water commitment deposit of$150.00 for the proposed additional lot as soon as possible so that a water
commitment may be formally effected. The commitment will be in writing with specific dates and conditions
stated.
Final subdivision approval will be subject to compliance with the following requirements:
1. Construct necessary water system improvements,which shall include, but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume under peak-flow and
fire-flow conditions; minimum diameter of mains shall be 6 inches,
b. installation of a service lateral that will accommodate a 5/8-inch meter for each additional lot,
and
c. subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development, the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system facilities, should
they be necessary.
Submit service lateral installation plans prepared by a professional engineer or licensed surveyor,
registered in the State of Hawai`i, for review and approval. Per DWS standards,the meter box location
shall front the boundary of the lot being served. ....�.o -.._."
Planning Dept. SCANNED
e Ohibit �3 Ai-'!, t[l i''
. . .Water, Our Most Precious T urce . . . Alit'Wu/A f
The Department of Water Supply is an Equal Opportunity provider and employer. Y ® "
Ms. BJ Leithead Todd, Director
Page 2
April 10,2013
2. Remit the facilities charge balance, which is subject to change, as shown below:
FACILITIES CHARGE(FC):
Two(2)existing services to parcel(paid)
One(1)additional unit @$5,500.00/unit $5,500.00
FC Balance $5,500.00
This is due and payable upon completion of the installation of the required water system improvements
and prior to final subdivision approval being granted. For your information,water commitment deposits
are credited towards the final facilities charge requirement for the development.
3. Submit the appropriate documents,properly prepared and executed,to convey the water system
improvements and necessary easements to the Water Board of the County of Hawai`i prior to final
subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and
bounds description within the conveyance documents. However,prior to water meter services being
granted to the development,or any lots within,the conveyance documents shall be accepted by the
Water Board.
Please note that for any lots involved in agricultural activity, a reduced pressure type backflow prevention
assembly must be installed within five(5)feet of the meter(s)and the backflow prevention assembly is to be
located on private property. The installation of the backflow prevention assembly(s)must be inspected and
approved by the Department prior to commencement of water service.
Should there be any questions,please contact Mr.Lawrence Beck of our Water Resources and Planning Branch
at 961-8070, extension 260.
Sincer yours,
Quirin Antonio,Jr.,P.E.
Mana -Chief Engineer
LB:dfg
copy— Douglas and Ruth Dick
Sidney Fuke,Planning Consultant
William P.Ieinoi ±c�cs N,, %' Harry S.Kubojiri
6Jq� Police Chief
Mayor •
I +',>r'd:N��*�. Paul K.Ferreira
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo,Hawai`i 96720-3998
(808)935-3311 • Fax(808)961-2389
April 3, 2013
TO : BJ LEITHEAD TODD, PLANNING DIRECTOR
COUNTY OF HA 'I P �''
NI D:PARTMENT
i
FROM : PAUL H. K AL HA JR., ASSIST, CHIEF, AREA II OPERATIONS
SUBJECT : Change of Application (REZ 13-000163)
Applicant: Douglas and Ruth Dick
Request: A-5a to FA-2a
Tax Map Key: 6-4-018:087
The above-referenced application has been reviewed, and we have no comments
or objections to offer at this time.
Should there be any questions, please contact Captain Aimee Wana, Commander
of the South Kohala District, at 887-3080.
AW:dmv
RS130206
Planning Dept. SCANNED
Exhibit
7013
:084440
"Hawai`i County is an Equal Opportunity Provider and Employer" �"
William P. Kenoi ts:r) •. Darren J.Rosario
Mayor PL
Fire Chief
LL- Renwick J.Victorino
i
• ` - Deputy Fire Chief
214:1 €`�'°: 1 9: 57 l - .. P-- Pty
Countp of TPatuat`t•
HAWAII FIRE DEPARTMENT
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720
(808)932-2900•Fax(808)932-2928
April 11, 2013
TO: BJ LEITHEAD-TODD PLANNING DIRECTOR
FROM: DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-0000163)
APPLICANT: Douglas and Ruth Dick
REQUEST: A-5a to FA-2a
TAX MAP KEY: 6-4-018: 087
In regards to the above-mentioned change of zone application, the following shall be in
accordance:
Hawai`i Fire Department (HFD)recommends that both the existing and any future dwellings
meet the HFD access road requirements.
NFPA 1, UNIFORM FIRE CODE, 2006 EDITION
Note: The following references are from the NFPA 1, Hawai'i State Fire Code and the Hawaii
County amendments. County amendments are identified with a preceding "C"of the reference
code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature,or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including, but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
Planning Dept. SCANNED ':>r
Exhibit 6 - $y:0�� 5715 >ii.e.oe11.
IIlJ
Hawai'i County is an Equal Opportunihj Provider and Employer.
BJ Leithead-Todd
April 11, 2013
Page 2
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2*Access to Structures or Areas.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the
use of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads. (*may be referred as FDAR)
18.2.3.1 Required Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes,
or a combination thereof.
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building.
18.2.3.2.1.1 Where a one- or two family dwelling is protected throughout with an approved
automatic sprinkler system that is installed in accordance with NFPA 13D, the distance in
18.2.3.2.1 shall be permitted to be increased to 150 feet.
BJ Leithead-Todd
April 11, 2013
Page 3
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft
(46 m) from fire department access roads as measured by an approved route around the exterior
of the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
18.2.3.4.1 Dimensions.
C 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13'6".
C 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained
to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised
of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
BJ Leithead-Todd
April 11, 2013
Page 4
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AHJ.
18.2.3.4.6 Grade.
C 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft (0.61 m)beyond each edge of the fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
OP'
DARREN J. ROSARIO
Fire Chief
KT/nac
•'1 •
William P.Kenoi Dora Beck,P.E.
Mayor re+c; Acting Director
Walter K.M.Lau N......4er.•
Managing Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawaii 96720
(808)961-8083 Fax(808)961-8086
http://co.hawaii.hi.us/directary/dir envmmng.htm
MEMORANDUM
Date : March 22,2013
To . BJ LEITHEAD TODD,Planning Director
From: DORA BECK,P.E.,Acting Director > ,�
Subject: Change of Zone Application(REZ 13-000163) -�
Applicant:Douglas and Ruth Dick
Request: A-5a to FA-2a
TMK: 6-4-018:087
The Wastewater Division has reviewed the subject application and offers the following recommendations
(please note Solid Waste Division comments will be submitted separately):
DEPARTMENT COMMENTS:
WASTEWATER COMMENTS: (Contact Wastewater Division for details.)
(X ) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in accordance with
Section 2I-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the
Hawai'i County Code.Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance with
Section 23-85 of the Hawai'i County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management("Director of DEM"), [ )applicant shall conduct a sewer study in
accordance with the then applicable wastewater system design standards prior to approval to
connect to the County sewer system. Applicant shall provide such sewer line or other facility
improvements as the Director of DEM may reasonably require,which the sewer study may indicate
are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief
for details.
( ) Other:
pianninspept
Exhibit i CA NNE
County of Hawai`i is an Equal Opportunity Provider and Employer. .63, 8 4 3 5 2
•
I `ij'J� '' •4- Dora Beck,P.E.
William P.Kenoi • �:�� %:•..
Mayor = 'M- Acting Director
Walter K.M.Lau .•of'of' •_•
Managing Director
Count of Paivai`i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street • Hilo,Hawar i 96720
(808)961-8083 •Fax(808)961-8086
http://co.hawaii,hi,us/directory/dir envmn¢.htm
MEMORANDUM
Date : March 22,2013 _-
To . BJ LEITHEAD TODD,Planning Director
From DORA BECK,P.E.,Acting Director
eukTh
Subject: Change of Zone Application(REZ 13-000163)
Applicant: Douglas and Ruth Dick w =�
Request: A-5a to FA-2a
TMK: 6-4-018:087
The Solid Waste Division has reviewed the subject application and offers the following recommendations
(Please note Wastewater Division's comments will submitted separately):
DEPARTMENT COMMENTS:
( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate
plans for sewering of the area.
( ) Other
SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.)
(>) No comments
( ) Commercial operations,State and Federal agencies,religious entities and non-profit
organizations may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer
stations,or other suitable diversion programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on
current status.
( ) Other:
County of Hawai`i is an Equal Opportunity Provider and Employer. 0 8 4 3 8 2
WILLIAM J.AILA,JR.
NEIL ABERCROMBIE P t o {i f P Fy EN O F �y-- CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII %9 WATER
- RESOURCE MANAGEMENT
;? ESTHER KIA'AINA
r : FIRST DEPUTY
25 �! ^ ;d'4': ^�l t m I; WH.LIAM M.TAM
.�, 7013 APR 1 PM 20 5 Jjjj% DEWILURECTOR WATER
J I '1 d•_ "��1"-� -4"/ AQUATIC RESOURCES
•�,/ BOATING AND OCEAN RECREATION
.yam ': '--Q'U'®•pdFJ E+®T,•'' BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
•�, �- CONSERVATION AND COASTAL LANDS
>ne. ° STATE OF HAWAII CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY PRESERVATION
y,, HISTORIC D RESERVE COMMISSION
STATE HISTORIC PRESERVATION DIVISION KNIOOLAWEISLA LAND RESERVE COMMI&SIGN
601 KAMOKILA BOULEVARD,ROOM 555
STATE
KAPOLEI,HAWAII 96707
Bobby Jean Leithead-Todd LOG NO:2013.2429
Planning Director DOC NO: 1304MV 18
County of Hawaii Archaeology
101 Pauahi Street Suite 3
Hilo,HI 96720
SUBJECT: Chapter 6E-42 Historic Preservation Review—
County of Hawaii Change of Zone Application for Douglas and Ruth Dick(REZ-13-000163)
Pu'u Kapu Ahupua`a,South Kohala District,Island of Hawaii
TMK:(3)6-4-018:087
Thank you for the opportunity to review this application that was received by our office on March 25, 2013.
According to the application,the land owner has requested a change of zone from A-5 to Fa-2. The project area will
then be subdivided by the owners and conveyed to their children. The lot already contains two single family
dwellings, and the use of those dwellings would continue after the subdivision. There is no proposed ground
disturbance associated with this project. A review or our records indicates that there are no previously identified
historic properties in the vicinity of this project. Our records also indicate that no archaeological inventory survey
was conducted on this subject parcel. However,because there is no ground disturbance associated with this project,
and the character of use of this property will not change,it is unlikely that archeological resources will be impacted.
Therefore,SHPD believes that no historic properties will be affected by this project.
However, in the event that historic resources, including human skeletal remains, structural remains, sand deposits,
midden deposits, or lava tubes are identified during construction activities, please cease work in the immediate
vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division
at(808)933-7653.
Please contact Mike Vitousek at(808)652-1510 or Michael.Vitouseka,hawaii.gov for any questions or concerns
regarding this letter.
Aloha,
Michael Vitousek,
Lead Archaeologist Hawaii Island Section
Historic Preservation Division
CC:sidfuke@hawaiiantel.net
SCA►.NNE 1i
.UP§ 468743
Planning Dept.
Exhibit 7
NEIL ABERCROMBIE ��Or h-- LORETTA J.FUDDY,A.C.S.W.,M.P.H.
GOVERNOR a� .e•sa Director of Health
! �� t #;'
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: April 4, 2013
TO: Bobby Jean Leithead Todd
Planning Director, County of Hawaii
FROM: Newton Inouye
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 13-000163)
Applicant: Douglas and Ruth Dick
Request: A-5a to FA-2a
TMK: 6-4-018:087
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
SCANNER
WORD: REZ 13-000163 eh. Planning Dept. ,
Exhibit By. 45� -
NEIL ABERCROMBIE n 7 ?, r.j� cE o N� GLENN M.OKIMOTO
GOVERNOR 1.1411111 r; Ci (.• .I 41";11 sey'`vN'ti
1 - �� DIRECTOR
4 r^. s
V:11 Deputy Directors
�•
• JADE F CHID
2 17 APII ; FORD N.FUCHIGAMI
#i ��y, RANDY GRUNE
_.aka
JADINE URASAKI
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION STP 8.1177
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097
April 17, 2013
Ms. BJ Leithead Todd
Planning Director
County of Hawaii
Planning Department
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Leithead Todd:
Subject: Douglas and Ruth Dick, Change in Zone (REZ 13-000163)
TMK: (3) 6-4-018:087
Thank you for requesting the State Department of Transportation's (DOT)review of the subject
project. DOT understands the applicant is requesting the rezoning of the subject 5 acre parcel
from A-5a to FA-2a. Upon rezoning, the applicant plans to subdivide the parcel into two (2) lots,
consisting of 2+ acres each. Tentative plans call for both proposed lots to access Mamalahoa
Highway(under County jurisdiction) from a 40-foot wide graveled easement.
Given the location and the nature of the project, DOT does not anticipate any significant adverse
impacts to the State transportation facilities.
DOT appreciates the opportunity to provide comments. If there are any other questions,please
contact Mr. Garrett Smith of the DOT Statewide Transportation Planning Office at telephone
number(808) 831-7976.
Very truly yours,
GLENN M. OKIMOTO, Ph.D.
Director of Transportation
SCANNED 1
APR 242013
Planning Dept. ':.-- �
Exhibit
WAIMEA COMMUNITY ASSOCIATION
P.O. Box 2655, Kamuela, HI 96743
9 April 2013
'7 it
Ms.BJ Leithead Todd,Director
Hawaii County Planning Department
WCA Officers: 101 Pauahi Street
President Hilo,Hawaii 96720
Sherm Warner
Re: Rezoning Application Douglas&Ruth Dick TMK 6-4-018:087 REZ 13-000163
Vice Pr kient
Patti Cook Aloha BJ,
Secretary:
Nancy Carr Smith At its meeting of 28 March 2013,the Planning and Design Review Committee(PDRC)of
the Waimea Community Association voted in the majority(2 absent)to offer conditional
Treasurer:
support for this rezoning application.Johnston
Immediate Past Concerned about additional similar rezoning requests from adjacent or nearby property
President: owners,and about the resultant potential increase in use of the unpaved easement used to
Bill Sanborn access both the newly created Dick lot and the lot(s)of the easement owner,the PDRC
Directors: conditions its support on limiting residential use on the newly created Dick lot to one
Britt Bailey single-family residence with no additional farm dwelling allowed.
John Edney
Wayne Higaki This position of conditional support was made without input from the surroundin g parcel Smith
Ethan Tweedle owners or the Departments of Water and Public Works.
Stewardship Mahalo for the opportunity to comment on this application.
Advisors:
Josh Akana e n
Pomal Betteimann j ririk Lf—j �VIA,
Chadd Paishon
•
Mike Luce,Chair
Ptanni Planning and Design Review Committee
Review CmDittee� Waimea Community Association
Mike Luce,Chair
Billy Bergin Cc: Sarah Y.Hata-Finley,Planning
Robin Inaba Douglas Dick,Applicant
Kurt Eth an Tweedie Sidney Fuke,Representative
Sherman Warner,President,WCA
C NNE D�
4 8. 1. 1 2313
By:1821,517_,
Founded In the early 1960s and initially called Waimea-Kawaihee Community Association,WCA is a grassroots community group formed to
• Gather and present information and to facilitate discussion of issues affecting Waimea;
• To advise community members on how and where to make their voices heard,individually or collectively;
• Promote open participation from all of the Waimea community for the purpose or recommending poliices and legislation for careful growth of Waimea,
while preserving the valued qualities fo the region;
• Develop leadership within the community,and
• Initiate,coordinate and support projects to further community development and harmony:cultural,economic,physical and spiritual.rs ing Dept.
Everyone Is invited to WCA s monthly Town Meetings from 5:15--7 p.m.on first Thursdays.Membership Is not required to attend town
urged and includes periodic e-mail notices of important community news,events and issues.
Exhibit /0
SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 P AN {KGs DEPARTMENT •Planning•variance•Zoning
an/ ii7.111W Telephone:(808)969-1522•Fax:(808)969-7996 "''"`' ^e C i p1,11 MI •Subdivision•Land Use Permits
E-mail.sidfuke @hawaiiantel.net •Environmental Reports
200 APR 15 AM 0 17
April 15, 2013
Ms. BJ Leithead Todd,Director
Planning.Department
COUNTY OF HAWAII
101 Paivahi Street
Hilo,HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning.Application—Douglas and Ruth Dick
South Kohala,Hawaii,TMK: 6-4-018: 087(REZ 13-000163
Thank you for providing me with a copy of the Department of Water Supply
("DWS")and Waimea Community Association's("WCA")comments on the subject
application.
We appreciate the WCA's conditional support of the application. Please be informed
that the applicant has no objections of limiting the number of dwellings on the additional lot
to only one(1). Please note,however,that the other lot will have the two (2) existing
dwellings,one where the applicant lives and the other,the permitted"Ohana"dwelling.
The applicant intends to secure an additional water meter for the newly created lot.In
so doing,the required water commitment and facilities charge and appropriate improvements
will be made. As noted in the application,DWS' standards call for the meter box to be
placed fronting the property. However,because of the proposed configuration of the
applicant's proposed subdivision,the applicant may seek a variance from this provision to
allow the meter box to be placed next to the other meters fronting the Mamalahoa Highway.
In that regard, should your office favorably recommend approval of this application,the
applicant respectfully request that consideration for this possible variance be allowed.
Should you have further questions or comments on this application,please feel free
to direct them to this office. Thank you very much.
Sincerely,
4SID Y M. FUKE
Planning Consultant
SCANNED
Copy—Douglas and Ruth Dick via email _ APR 1 5 2013
By: 084577
SidneyFuke, Planning Consultant
JV 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 )31 ANN i OA- TENT •Planning•Variance•Zoning
Telephone:(808)969-1522•Fax (808)969-7996 ,';; °+ a°5 HkWAII •Subdivision•Land Use Permits
E-mail:sidfuke @hawaiiantel.net •Environmental Reports
7013 APR 24 PM 3: 57
April 24,2013
Ms. BJ Leithead Todd,Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street •
Hilo,HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning Application—Douglas and Ruth Dick
South Kohala,Hawaii,TMIK: 6-4-018: 087(REZ 13-000163
This is in resnonse to comments from the Fire Department and State Historic
Preservation Division regarding the subject application.
The requirements of the Fire Department will be addressed and/or complied with in
conjunction with the subsequent administrative permitting processes, such as the subdivision
and building permit. We also note that the State Historic Preservation Division concluded
that no historic properties will b e affected.
We trust that these comments sufficiently addressed those comments. If not or
should you have further questions or comments on this application,please feel free to direct
them to this office. Thank you very much.
Sincerely,
jkl
SIDNEY M.FUKE
Planning Consultant
Copy—Douglas and Ruth Dick via email
SCANNED
SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 l'; t i33. iw a L; ;' ti l'� :Planning•Variance•Zoning
Telephone:(808)969-1522•.Fax:(808)969-7996 I! •Subdivision•Land Use Permits
E-mail:sidfuke @hawaiiantel.net •}{� qq •Environmental Reports
?0i3 r Y 22 '6'I 12: 56
May 21, 2013
Ms. BJ Leithead Todd, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Ms. Leithead Todd:
Subject: Rezoning Application—Douglas and Ruth Dick
South Kohala,Hawai'i, TMK: 6-4-018: 087 (REZ 13-000163
Thank you for providing me with a copy of additional agency comments to date. In
response, we note that the:
a. Police Department had no comments or objections to the request;
b. Department of Environmental Management also had no comments relative to
wastewater and solid waste; and
c. Department of Health's requirements,if applicable, relating to noise control
relative to construction activity will be adhered to.
Should you have further questions or comments on this application, please feel free to
direct them to this office. Thank you very much.
Sinoerel ,
.5‘1)\40
W
SIDNEY M. FUKE
Planning Consultant
Copy—Douglas and Ruth Dick via email
SCANNED
mAYgalli 5
RDick.doc-6/13/13
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
DOUGLAS AND RUTH DICK
CHANGE OF ZONE APPLICATION (REZ 13-163)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony,the Planning Director reserves the right to modify and/or
alter this recommendation based upon additional information presented at the public hearing.
This favorable recommendation is based on the following findings:
Change of Zone from Agricultural 5-acre (A-5a)to Family Agricultural-2 acres
(FA-2a) for approximately 5.001 acres of land to subdivide the property into two lots
approximately two acres each. The applicants plan to convey the lots to each of their two
children, one of whom intends to live on the property with her family.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from A-5a to FA-2a conforms to the goals,
policies and standards of the General Plan Economic and Land Use Elements. The
General Plan is intended to be used as a policy guide for the coordinated growth and
development of all sectors of the County. It sets forth goals,policies, standards and
courses of action to accommodate growth without congestion,to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture
and open space, and to coordinate these uses with the County's service and circulation
systems. The overall goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. Land use is one of the
Attachment to: Comm. 392
Bill 112
principal focal points of public concern and policy. The Land Use Element provides the
primary basis for direct control and guidance of publicly and privately owned resources.
The proposed change of zone conforms to the General Plan Land Use Pattern
Allocation Guide(LUPAG)Map. The Land Use Pattern Allocation Guide (LUPAG)
Map component of the General Plan is a representation of the document's goals and
policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
property is designated Important Agricultural Lands, which includes land with better
potential for sustained high agricultural yields due to soil type, climate, topography or
other factors. The applicant plans to continue to use portions of the property for
agricultural uses, including a bonsai farm, cultivation of domestic agricultural and citrus
crops, and intermittent cattle and sheep grazing on the rear portion of the property.
Although the South Kohala Community Development Plan(SKCDP) is generally
silent for development in this particular area, nevertheless, it generally conforms to the
following in the SKCDP:
• Figure 4.4: Waimea Town Conceptual Plan identifies this area as "Small Farms and
Ranches Preservation Program."
• Policy No. 2,Responsible Growth(page 70): "moderate the pace of growth and
change in Waimea"; the last section of this policy in Strategy 2.1 "While these tools
and programs are being put into place,private lands that are currently zoned A-5a, A-
10a, A-20a, or A-40a should retain their current zoning. Exceptions can be made for
affordable housing, agricultural cluster subdivisions, and small-scale rezonings of 4
lots of less that may assist families in allowing their children to obtain individual
properties."
• Policy No. 3 (page 72), Environmental Stewardship, Strategy 3.1 - Protect Important
Agricultural Lands. Though small scale, agricultural uses will continue on this site.
The ALISH Map identifies the area as Prime Agricultural Land. This designation
includes land best suited for the production of food, feed, forage and fiber crops.
However,the Land Study Bureau's Productivity rating for the site is "C"or"Fair". The
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property is approximately five acres in size and improved with two dwellings, garage,
and a greenhouse. The applicants use the greenhouse and an approximately 2,000 square
feet area outside of the greenhouse for their bonsai farm and average approximately
sixteen hours per week tending the greenhouse,trees,and grazing area on the site.
One of the two dwellings is currently being rented and permitted under Ohana
Dwelling Permit No. 89-319. Due to the location of the two dwellings, it is not feasible
to create a 2-lot subdivision with a dwelling on each lot. The applicant states that
because the additional dwelling was proposed as an ohana dwelling since 1989, it could
be considered grandfathered for the proposed lot, and the new lot may be limited to only
one dwelling. Should this request be approved,the applicant may typically apply for an
Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate
or attached unit on each parcel. An additional dwelling may be constructed on each lot,
doubling the existing density of the area. The potential to allow additional dwellings may
contribute to a cumulative burden on the existing infrastructure that cannot be supported.
The Planning Director therefore supports this change of zone request subject to a
condition within the proposed ordinance that will prohibit the construction of a second
dwelling (ohana) unit and/or the establishment of a Condominium Property Regime
(CPR) on the newly created vacant lot.
The proposed change of zone would complement the existing mix of agricultural
and residential land uses in this immediate area. Within the Puu Nani Subdivision, there
are half- to one-acre lots across the project site. Properties adjoining the site are
approximately five-acres in size, while lots on the northeastern side are approximately
forty acres in size. In 2012,the County Council approved the rezoning of a property
located less than one mile from the subject property to a Residential Agricultural (RA-.5)
district. While soils in this area are of good quality, the size of the lots and its historical
residential use already defines this area as more residential than agricultural in nature.
Therefore,this change of zone request will not compromise the maintenance of prime
agricultural lands for agricultural purposes.
All utilities and services are available to the site. County water is available to
the site. The proposed lots will utilize individual wastewater treatment systems meeting
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with the approval of the Department of Health. Solid waste will be disposed of at
appropriate sites designated by the Department of Environmental Management. All
essential utilities are available to the project site. Police, fire, and emergency services are
available in Waimea.
Access to the project site is from the Mamalahoa Highway and an existing
easement on the eastern side of the property. The existing 40-foot access easement has a
gravel road of varying width and grass shoulders within a 40-foot wide right-of-way.
The road also serves another 5-acre parcel. The existing approach to and within
Mamalahoa Highway is paved for approximately 45 feet from the highway. According to
the Department of Public Works (DPW), direct vehicular access from Mamalahoa
Highway shall not be allowed. Standards for agricultural roads are typically 20 feet of
agricultural-standard pavement within a 50-foot wide right-of-way. While there is the
potential for other similar rezonings in the area, should this request be approved, this
existing access easement will only serve this proposed 2-lot subdivision and only one
additional lot. Therefore,the existing gravel road is sufficient in width to support the
proposed subdivision, as evidenced by Section 23-88 of the Subdivision Code that
requires an agricultural road of 16-feet width within a 20-foot wide right-of-way. The
applicants shall anticipate the gravel road to be improved to an R-39 Standard Detail as
part of the subdivision review process.
The project site is located within Zone "X", areas determined to be outside the
500-year floodplain. All development generated storm run-off shall be disposed of on-
site and not allowed onto adjacent properties or roadways. The property has been
developed for single-family residential use since the late 1970's;thus, no formal
archaeological study was conducted. The DLNR-HPD has indicated that no historic
properties will be affected by this project. Due to the improved nature of the site, no
professional flora or fauna surveys were conducted.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area and more than twelve miles from the shoreline; thus, it will not be
impacted by coastal hazard and beach erosion. There is no record of a designated public
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iccess to the shoreline or mountain areas that traverses the property. According to the
inpiicants,no valued cultural,historical or natural resources exist on the property and
there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the area. Therefore, no action is
necessary to protect these rights.
Based on the above findings,approval of this change of zone request from an
Agricultural(A-5a) to a Family Agricultural(FA-2a)zoned district would result in
an appropriate land use pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Puukapu Zone
Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
-5-
CDickREZ.doc-6/13/13
DOUGLAS AND RUTH DICK
CHANGE OF ZONE APPLICATION(REZ 13-163)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawai`i Revised Statutes,relating to permissible uses
within the State Land Use Agricultural District.
C. The required water commitment payment shall be submitted to the Department of Water
Supply in accordance with its "Water Commitment Guidelines Policy" within 180 days
from the effective date of this ordinance. The applicant shall comply with all
requirements in the Department of Water Supply's April 10, 2013 letter, including the
construction of all necessary water improvements prior to final subdivision approval. A
reduced pressure type backflow prevention assembly shall be installed within five (5) feet
of the meter(s)on private property. The installation of the backflow prevention
assembly(s) shall be inspected and approved by the Department of Water Supply prior to
commencement of water service.
D. Final Subdivision Approval of the proposed subdivision development shall be secured
within five(5) years from the effective date of this change of zone ordinance.
E. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms
of the zoning ordinance prohibit the construction of a second dwelling unit and
condominium property regime on the newly created vacant lot. This restriction may be
removed by amendment of this ordinance by the County Council. The owners of the
property may also impose private covenants restricting the number of dwellings. A copy
of the proposed covenant(s)to be recorded with the State of Hawai`i Bureau of
Conveyances shall be submitted to the Planning Director for review and approval prior to
the issuance of Final Subdivision Approval. A copy of the recorded document shall be
filed with the Planning Department upon its receipt from the Bureau of Conveyances.
F. Direct vehicular access to the individual lots shall be prohibited from Mamalahoa
Highway.
G. All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties.
H. The method of sewage disposal shall meet with the requirements of the State Department
of Health.
Should any remains of historic sites, such as rock walls,terraces,platforms, marine shell
concentrations or human burials be encountered, work in the immediate area shall cease
and the Department of Land and Natural Resources—State Historic Preservation Division
(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from DLNR-HPD when it finds that sufficient mitigation
measures have been taken.
J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements of the Unified Impact Fees Ordinance.
K. The applicant shall comply with all applicable County, State and Federal laws,rules,
regulations and requirements.
L. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicants, successors or assigns, and that are not
the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e., a condition to be performed within one
year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time,the Planning
Department shall submit the applicant's request to the Planning Commission and
the County Council for appropriate action.
-2-
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
-3-
'''''
COUNTY OF HAWAII -i ':• STATE OF HAWAII
BILL NO.
ORDINANCE NO. (p/awl )
AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—TWO ACRES
(FA-2a) AT PU'UKAPU HOMESTEADS 2ND, SOUTH KOHALA, HAWAII, COVERED BY
TAX MAP KEY 6-4-018:087.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-11, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Pu'ukapu
Homesteads 2nd, South Kohala, Hawai`i, shall be Family Agricultural—Two Acres
(FA-2a):
Beginning at the Northwest corner of this parcel of land on the Southerly side of
Mamalahoa Highway, being also the Northeast corner of Grant 7864 to William K.
Notley, the coordinates of which referred to Government Survey Triangulation Station
"East Base"being 5,592.3 feet North and 2,528.3 feet West and running by azimuths
measured clockwise from true South:
1. 256° 58' 240.27 feet along the Southerly side of Mamalahoa
Highway;
Thence along remainder of Grant 8368 to S.
G. Kaimuloa, on a curve to the right with a
radius of 20.00 feet, the chord azimuth and
distance being:
2. 301° 34' 28.09 feet;
-1-
3. 346° 10' 816.64 feet along remainder of Grant 8368 to S. G.
Kaimuloa;
4. 76° 10' 260.00 feet along remainder of Grant 8368 to S. G.
Kaimuloa;
5. 166° 10' 840.00 feet along Grant 7864 to William K. Notley
(being also Lot 94,Puukapu Homesteads,
2nd Series) to the point of beginning.
Containing an area of 5.001 acres, or
thereabouts.
All as shown on the map attached hereto,marked Exhibit"A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(1) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FIVE ACRES (A-5a) TO
FAMILY AGRICULTURAL -TWO ACRES (FA-2a),
AT PU'UKAPU HOMESTEADS 2ND, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMKS:(3)6-4-018:087 DATE:MAR 18,2013
EXHIBIT "A" Douglas Dick and Ruth Dick
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