Loading...
HomeMy WebLinkAboutCOM 0308.000 2014-2016..9.''•�;,Sw �•a•!r. Walter K.M. Lau ' Ifanuging Ubec(or Willi.. P. Kenoi hfayor Randall M. Kurnhara '�...n�" tJ` Devurc 5fovgmg Uirerlw County of Hawaii Office of the Mayor 25 Aupani .Srr t. Sunc 2603 r liilo, Hawaii 96720 r (808)961.8211 r Fax(sex)961-655] KUVA. 74-5(174 Are Kmh able Hw , aldr. U • Kailua-Knna Ilawai'i 96740 (808)323 N4 • I—(808)323-4440 S_in`ely, William P. Kenoi Mayor Enclosures cc: Planning Department 4e);ISS Sa. i S3% Comm. No. 3N Ref. To- Cowtp nrHaweri is an Fqual Uppum,uiry Proviaa and 1Smp1u>a Ref. Date MAY 0 6 2015 On Cp May 12, 2015 Za W { fl � Lr �rn Dru Kanuha, Council Chair y� and Members of the County Council N ^ County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: State Land Use Boundary Amendment (SLU 15-000042) Request: Agricultural to Rural Change of Zone (REZ 15-000186) Request: A -3a to RA -1.5a Applicant: Waiemi LLC Tax Map Key: 6-2-005:008 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above -referenced request. S_in`ely, William P. Kenoi Mayor Enclosures cc: Planning Department 4e);ISS Sa. i S3% Comm. No. 3N Ref. To- Cowtp nrHaweri is an Fqual Uppum,uiry Proviaa and 1Smp1u>a Ref. Date MAY 0 6 2015 (iD County of HawaN LEEWARD PLANNING COMMISSION A.,u , CcW, • 101 V. , Stmc[, Suitc3 • Hilo, Hewa1'i 96120 Pho.c(808)961-8288 • 1-ax(NO8)961-8742 APR 2 9 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members State Land Use Boundary Amendment (SLU 15-000042) Request: Agricultural to Rural Change of Zone (REZ 15-0000186) Request: Agricultural — 3 Acres (A -3a) to Residential and Agricultural — 1.5 Acre (RA -1.5a) Applicant: Waiemi LLC Tax Mao Key: 6-2-005:008 The Leeward Planning Commission, at its duly held public hearing on April 16, 2015, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to Rural District and a Change of Zone from Agricultural— 3 acres (A -3a) to Residential and Agricultural —1.5 acre (RA -1.5a). The properties are located along the north side of Kawaihae Road, at the northeast comer of the Kawaihae Road — Waiemi Place intersection, Waimea Landmark Estates, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: State Land Use Boundary Amendment The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicant is also Hawaii Counly is an Equal Opparlun6y Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 requesting a concurrent Change of Zone from Agricultural 3 -acre (A -3a) to Residential and Agricultural 1.5 -acre (RA-1.5a)for the 3.0 acre subject property. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small fames; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the area; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city -like' concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The property was created on September 14, 1976 as one of the original 21 lots in the Waimea Landmark Estates, Unit 1 Subdivision situated north of Kawaihae Road. Surrounding lands are located within the State's Agricultural district and the County's A- 1 a, A -3a, and A -40a zoning districts. The Anekona Estates and Kanehoa Estates Subdivisions consisting of 5 -acre lots zoned RA -2a and A -5a within the State's Rural and Agricultural district are located about one mile to the east. The `Ouli Mutual Self I lelp Housing subdivision is also located about 31 mile to the southeast of the subject property on land zoned A-1 a and in the State's Urban district. These subdivisions include primarily residential uses with some agricultural uses and vacant lands. From 1998 to 2006, the County Council approved similar requests for State Land Use Boundary Dru Kanuha, Council Chair and Members of the County Council Page 3 Amendments from the Agricultural to the Rural districts, and Change of Zones from A -5a to RA -2a in the nearby Kanehoa Estates Subdivision and Anekona Estates Subdivision. Section 15-15-27 of the HawaPi Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." The proposed boundary amendment from the Agricultural to Rural district is necessary in order for the applicant to subdivide its property into two 1.5 -acre lots. The minimum lot size in the State's Agricultural district is 5 acres whereas the minimum lot size in the State's Rural district is one-half acre. The applicant has stated that the three acre parcel will be subdivided into two residential/agricultural lots. Thus, the requested boundary amendment and subsequent subdivision would be consistent with the permissible uses of the Rural district. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) policies of the General Plan: • Rural -style residential -agricultural developments, such as new small-scale rural communities or extensions of existing coral communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural -style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary amendment request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Rural. The General Plan's Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The Waimea Landmark Estates, Unit 1 Subdivision, as well as adjacent subdivisions, includes a mix of rural -residential and limited agricultural activities. This Dm Kanuha, Council Chair and Members of the County Council Page 4 boundary request would allow a rural development for residential -agricultural uses that will complement the existing and future residential -agricultural land use patterns of the immediate vicinity. While the property is within the State Land Use Agricultural and County's Agricultural (A -3a) zoned districts, the property is developed and not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would make it difficult for sustained agricultural activities from being conducted on the site. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the property will be from Waiemi Place, a County road with approximately 20 -foot wide pavement, with grass shoulders, within a 50 -foot wide right-of-way. County water is available to the site. As this area is not serviced by a municipal sewer system, any additional structures will utilize individual wastewater systems approved by the Department of Health. Electrical, telephone and cable services are available to the property. Solid waste generated on the property will be disposed of at the Waimea transfer station located about 4.5 miles east of the property. The closest police, fire and medical facilities are located in Waimea, approximately 7 miles east of the property. The property is in Zone "X", which is an area determined by FEMA to be outside the 500 -year flood plain. However, there is a shallow intermittent watercourse traversing the property. Thus, all essential infrastructure is available to support he requested boundary amendment to the Rural district. Finally, the boundary amendment would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement - Housing objectives and policies: (a) Planning for the State's socio -cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawai`i's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. Dru Kanuha, Council Chair and Members of the County Council Page 5 (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawai`i's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate -income and gap -group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concems of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Chante of Zone The applicant requests a change of zone from Agricultural- 3 acres (A -3a) to Residential and Agricultural- 1.5 acre (RA -1.5a) zoning districts for an approximately 3 acre parcel in order to create a 2 -lot residential -agricultural subdivision with two 1.5 -acre lots. The existing dwelling will be incorporated into the rear lot during subdivision design. Upon approval of the request, the applicant plans to build a single-family dwelling on the newly created lot to be used as a rental by the applicant's family or non - family tenants. Dru Kanuha, Council Chair and Members of the County Council Page 6 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 Application from an Agricultural (A -3a) to Residential and Agricultural (RA -1.5a) zoned district will conform to the following goals, policies and standards of the General Plan. 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 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 Rural. This designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component, including the Orchidland Estates, `Ainaloa, and Hawaiian Paradise Park subdivisions. Typical lot sizes vary from 9,000 - square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, acrd community and public facilities. The applicant's request for RA-L5a zoning conforms to the Rural designation in that the proposed 1.5 acre lot size is consistent with lot sizes typically found in rural areas and the surrounding properties consist mainly of residential lots and small farms. Dru Kanuba, Council Chair and Members of the County Council Page 7 The property is not considered important agricultural land as it is unclassified on the ALISH Map and is classified as very poor by the Land Study Bureau, which determines productivity ratings of agricultural lands. The rear portion of the property is improved with a dwelling. The property is not currently being used for agriculture. Land uses in the area are a mix of residential and agricultural uses. Surrounding properties to the west and east within the Waimea Landmark Estates subdivision are similarly zoned A -3a with approximately 3 acre sized lots that are developed with farm dwellings. There is a commercial mulching operation on the adjacent property to the east of the subject property. To the north is a vacant 6,594 -acre property zoned A -40a and across Kawaihae Road to the south is a vacant 158 -acre property zoned A -I a. The 'Ouli Mutual Self Help Housing subdivision is located about ''% mile to the southeast of the subject property. The proposed change of zone would complement the existing and predominately rural residential land uses in the surrounding area and is consistent with the General Plan designation for the area. As areas that were once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawaii Right to Farm Act. Conditions of approval will be included to protect the existing commercial mulching operation on the adjacent property to the east and other agricultural operations in the area from nuisance complaints. Ghana dwellings may be allowed in the proposed State Land Use Rural District and County RA -1.5a zoned district; however, State law limits dwellings in the Rural district to no more than one dwelling per half acre. Should this request be approved, the applicant may normally apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow a two - lot subdivision with one dwelling on each lot, the potential to allow four (4) dwellings Dm Kanuha, Council Chair and Members of the County Council Page 8 may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. All utilities and services are available to the site. Access will be from Waiemi Place, a County road with approximately 20 -foot wide pavement, with grass shoulders, within a 50 -foot wide right-of-way. The State Department of Transportation (DOT) recommends that the existing lot and future proposed lot use the same access driveway. The DOT also recommends a 10 -foot wide "No Vehicle Access and Planting Screen Easement" be established along the property's frontage with State Highway 19 (Waimea- Kawaihae Road). The Department of Public Works (DPW) recommends the driveway approach to Waiemi Place be paved to conform to County Code. The Planning Director concurs with these recommendations. County water is available to the property and an additional water meter can be made available to the proposed lot. The applicant will need to install an additional water service meter to serve the proposed lot. The proposed lot will utilize an individual wastewater treatment system meeting with the approval of the Department of Health. Solid waste will be disposed of at the Waimea transfer station. The subject property is in Zone "X", which is an area determined by FEMA to be outside the 500 -year flood plain. However, according to the DPW, there is a natural shallow intermittent watercourse traversing the property. The DPW recommends the applicant provide a drainage easement for the watercourse to reserve and designate its boundaries on the future proposed subdivision plat. The Director concurs with this recommendation. All development -generated storm runoff will be disposed of on site and not allowed onto adjacent properties or roadways. Police, fire, and emergency services are available nearby in Waimea. All essential utilities are available to the project site. Based on the above findings, approval of this change of zone request from an Agricultural 3 -acre (A -3a) to a Residential and Agricultural -1.5 acre (RA -1.5a) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, enclosed are the draft bills to amend the State Land Use Boundary Maps for the County of Hawaii and Section 25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning Code) are provided. Dm Kanuha, Council Chair and Members of the County Council Page 9 We are enclosing copies of the staff Background, Planning Director's Recommendation, and the PowerPoint presentation for your information. Sinccrcl Brandi K.mn�hainnan Leeward Planning Commission LWaiemi SLU l 5-042RLZI5-1861pc2 Enclosures cc: Watemi LLC All Aina Services Department of Public Works Department of Water Supply Department of Land & Natural Resources -I IPD DOT -Highways, Honolulu State Land Use Commission William Brilhante, Esq., Corporation Counsel BWaic SLURFZ.doc4M/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WAIEMI LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000042) CHANGE OF ZONE APPLICATION (REZ 15-000186) WAIEMI LLC has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural- 3 acres (A -3a) to Residential and Agricultural- 1.5 acre (RA -1.5a) for 3 acres of land. The property is located along the north side of Kawaihae Road, at the northeast comer of the Kawaihae Road - Waiemi Place intersection, Waimea Landmark Estates, South Kohala, Hawaii, TMK: 6-2-005:008. PROPOSED ACTION 1. Applicant's Request: The applicant requests a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A -3a to RA -1.5a for 3 acres of land in order to subdivide the property into two 1.5 -acre sized lots. There is currently a farm dwelling on the rear portion of the property which was constructed in 2009. Upon approval of the request, the applicant plans to build a single-family dwelling on the newly created lot to be used as a rental by the applicant's family or non -family tenants. According to State law, the State Land Use Rural district is characterized by low density residential lots of not more than one dwelling house per one-half acre, in areas where "city -like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. A list of the variety of permitted land uses in the Rural district is shown in Hawaii Revised Statutes Section 205-2(c). (Planning Department Exhibit 1— State Land Use Rural District, HRS 205-2(c)) Similarly, according to the Zoning Code, the purpose of the Residential and Agricultural zoning district is to provide for activities or uses characterized by low density residential lots in rural areas where "city -like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. Requirements for establishing a land use in the RA zoning district, including a list of the variety of Attachment to: Comm. 308 Rills 52 and 53 permitted land uses, are shown in Section 25-5-50 to 57 of the Zoning Code. (P.D. Exhibit 2 - Zoning Code Requirements for Residential and Agricultural District) 2. Reason for the Request: The applicant is requesting the state land use boundary amendment and change of zone in order to subdivide the property into two lots. The (P.D. Exhibit 3 - State Land Use Boundary Amendment and Change of Zone Applications) 3. Landowner: Waiemi LLC. STATE AND COUNTY PLANS 4. State Land Use District: Agricultural. 5. General Plan LUPAG Map Designation: Rural. This designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component, including the Orchidland Estates, `Ainaloa, and Hawaiian Paradise Park subdivisions. Typical lot sizes vary from 9,000 -square feet to two acres. These subdivisions may contain small fames, wooded mess, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. 6. County Zoning: A -3a. The Agricultural zoning district provides for agricultural and very low density agriculturally -based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. 7. South Kohala Community Development Plan (CDP): The subject property is located between along Kawaihae Road between the Kawaihae and Waimea communities within an existing subdivision. The applicant's request to increase the density of the subdivision by rezoning and subdividing the subject property is not contrary to the goals of the CDP for this area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The subject property is Lot 8 of the total 21 -lot Waimea Landmark Estates, Unit 1 subdivision which was created on September 14, 1976. The property has frontage along Kawaihae Road and Waiemi Place. Two easements for electrical (Easement 24) and waterline (Easement 27) purposes run east to west through the front -2- portion of the property near Kawaihae Road. There is also an easement for waterline purposes (Easement 1) that runs along the northern property line. The property is rectangular in shape and 3 acres in size. A shallow intermittent watercourse runs through the middle of the property in a northwest to southeast direction. Structures on the property include a two-story, 4 -bedroom farm dwelling situated in the northeast comer of the property. This house was built in 2009 with building permits B2007 -2034H and B2008 -1248K. 9. Surrounding Zoning/Land Uses: Surrounding properties to the west and east within the Waimea Landmark Estates subdivision are similarly zoned A -3a with approximately 3 acre sized lots that are developed with farm dwellings. There is a commercial mulching operation on the adjacent property to the east of the subject property. To the north is a vacant 6,594 -acre property zoned A -40a and across Kawaihae Road to the south is a vacant 158 -acre property zoned A-1 a. The `Ouli Mutual Self Help Housing subdivision is located about''/. mile to the southeast of the subject property. 10. Agricultural Lands of Importance to the State of Hawaii (ALISH): Unclassified. 11. Land Study Bureau's Detailed Land Classification System: `B" or "Very Poor". 12. U.S.D.A. Soil Survey: Pu`u Pa extremely stony very fine sandy loam (PVD); permeability is moderately rapid, runoff is medium and the erosion hazard is moderate. This soil type was historically used for pasture. 13. Flood Zone: The subject property is in Zone "X", which is an area determined by FEMA to be outside the 500 -year flood plain. However, according to the Department of Public Works (DPW), there is a shallow intermittent watercourse traversing the property. The DPW recommends the applicant provide a drainage easement for the watercourse to reserve and designate its boundaries on the future proposed subdivision plat. 14. Flora/Fauna Resources: No professional surveys were conducted of the property, as the property has been developed with a fans dwelling since 2009. According to the applicant, there is no known rare or endangered flora or fauna in the area. 15. Archaeological/Historical Resources: A formal archaeological survey was not conducted because the property was previously graded during the original subdivision improvements in the 1970's. In a letter dated March 4, 2015, the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD) determined that no -3- historic properties would be affected by the change of zoning because it is unlikely that historic properties remain in the project area. 16. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: Access will be from Waiemi Place, a County road with approximately 20 -foot wide pavement, with grass shoulders, within a 50 -foot wide right-of-way. The State Department of Transportation (DOT) recommends that the existing lot and future proposed lot use the same access driveway. The DOT also recommends a I0 -foot wide "No Vehicle Access and Planting Screen Easement"be established along the property's frontage with State Highway 19 (Waimea-Kawaihm Road). The Department of Public Works recommends the driveway approach to Waiemi Place be paved to conform to County Code. 19. Water: County water is available to the property via a 5/8 -inch meter which is adequate for one dwelling at an average daily usage of 400 gallons. A second water meter can be made available to the proposed lot. 20. Wastewater: There is no County sewer system in the area An individual wastewater system will need to be installed meeting the requirements of the State Department of Health to handle the wastewater needs of the proposed lot. 21. Solid Waste: Solid waste generated on the property will be disposed of at the Waimea transfer station located about 4.5 miles east of the property. 22. Utilities and Services: Police, fire and medical services are available in Waimea approximately 7 miles to the east. All other essential utilities and services are available to the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 23. Department of Public Works -Engineering Division: P.D. Exhibit 4 — February 17, 2015 memo 24. Department of Water Supply: P.D. Exhibit 5 — February 18, 2015 memo -4- 25. Office of Housing and Community Development: P.D. Exhibit 6 — February 3, 2015 memo 26. State Department of Land and Natural Resources: P.D. Exhibit 7 —March 2, 2015 letter 27. State Department of Land and Natural Resources- State Historic Preservation Division: P.D. Exhibit 8 — March 4, 2015 letter 28. State Department of Health: P.D. Exhibit 9 — February 18, 2015 memo 29. State Department of Transportation: P.D. Exhibit 10 — February 20, 2015 letter AGENCIES - NO COMMENTS/CONCERNS 30. Department of Environmental Management, Police Department. AGENCIES -NO RESPONSE 31. Fire Department, Waimea Community Association, State Land Use Commission, State Office of Planning, State Department of Agriculture, South Kohala Traffic Safety Committee, Real Property Tax Office, HELCO. PUBLIC COMMENTS 32. None as of this writing. 511 Hawaii Revised Statute §205-2 Districting and classification of lands. (c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city -like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 464-1, the commission for good cause may allow one lot of less than one-half acre, but not less than eighteen thousand five hundred square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot; provided that all other dwellings in the subdivision shall have a minimum lot size of one- half acre or 21,780 square feet. Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. Rural districts shall also include golf courses, golf driving ranges, and golf - related facilities. In addition to the uses listed in this subsection, rural districts shall include geothermal resources exploration and geothermal resources development, as defined under section 182-1, as permissible uses. Planning Dept. Ex6ibit.L— § 25-5-50 I-IAWAVI COUNTY CODE Division 5. RA, Residential and Agricultural Districts. Section 25-5-50. Purpose and applicability. The RA (residential and agricultural) district provides for activities or uses characterized by low density residential lots in rural areas where "city -like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within areas designated as being in the State land use rural or urban districts. (1996, Ord. No. 96-160, sec. 2; ratified and amended April 6, 1999.) Section 25-5-51. Designation of RA districts. Each RA (residential and agricultural) district shall be designated on the zoning map by the symbol "RA" followed by a number and the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example RA -1 a means a residential agricultural district with a minimum building site area of one acre. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-52. Permitted uses. (a) The following uses shall be permitted in the RA district: (1) Adult day care homes. (2) Agricultural products processing, minor, provided that the site or buildings used for such processing, shall be located at least seventy-five feet from any street bounding the building site. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, one per building site. (10) Family child care homes. (11) Cuoup living facilities. (12) Kennels, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. (13) Livestock production (excluding pigs), provided that: (A) The requirements of the department of health are met; (B) Approval of the director is obtained; and (C) Any feed or water area, salt lick, corral, run, bam, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animal shall be located at least seventy-five feet from any lot line. (14) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. (15) Public uses and structures, as permitted under section 25-4-11. (16) Roadside stands for the sale of agricultural products grown on the premises. (17) Stables, commercial or boarding, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. Planning Dep!. Exhibit 2 § 25-5-52 HAWAII COUNTY CODE (18) Utility substations, as permitted under section 254-11. (19) Veterinary establishments. (b) The following uses may be permitted in the RA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the RA district, provided that if a building site is located within the State land use rural district, the following uses may be permitted if a special permit is obtained for such use: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Community buildings, as permitted under section 25-4-11. (3) Country clubs, tennis clubs and other similar recreational facilities which include buildings or indoor recreational features. (4) Drive-in theaters. (5) Guest ranches. (6) Home occupations, as permitted under section 25-4-13. (7) Lodges. (8) Meeting facilities. (9) Model homes, as permitted under section 25-4-8. (10) Temporary real estate offices, as permitted under section 254-8. (11) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the RA district, provided that either a use permit is issued for each use if the building site is within the State land use urban district or a special permit is issued for each use if the building site is within the State land use rural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Schools. (8) Yacht harbors and boating facilities. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the RA district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2008, Ord. No. 08-155, sec. 11; Am. 2010, Ord. No. 10-17, sec. 4; Am. 2012, Ord. No. 12-28, sec. 7; Ord. No. 12-124, sec. 6; Am. 2014, Ord. No. 14-86, sec. 7.) Section 25-5-53. Height limit. The height limit in the RA district shall be thirty-five feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) § 25-5-54 HAWAII COUNTY CODE Section 25-5-54. Minimum building site area. The minimum building site area in the RA district shall be one-half acre. RA districts having larger areas may be designated in increments of one-half acre up to a recommended maximum of three acres. The recommended max mmat does not specify an absolute upper limit for any building site in the RA district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-55. Minimum building site average width. Each building site in the RA district shall have a minimum average width of one hundred feet for the first one-half acre of required area, plus twenty feet for each additional one-half acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-56. Minimum yards. Minimum yards in the RA district shall be as follows: (1) Front and rear yards, twenty-five feet; and (2) Side yards, fifteen feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the comtmetion or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An obtain dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) STATE LAND USE BOUNDARY AMENDMENT;,., L,: 10 AGRICULTURAL TO RURAL CHANGE OF ZONE: AGRICULTURAL 3 -ACRE TO RESIDENTIAL -AGRICULTURAL 1.5 -ACRE TMK: (3) 62-005:008 OULI, SOUTH KOHALA, HAWAII APPLICANT: MARTIN SMITH All Aina Services P.O. Box 291 Laupahoehoe, Hawaii 96764 plonning Dept. Exhibit 5 _ TABLE OF CONTENTS Authorization State Land Use Boundary Amendment Application Change of Zone Application Zoning Questionnaire Background Information FIRM Designation SHPD Request Letter TMK Map Zoning Map Legal Description Survey Map Subdivision Map Department of Water Supply Application Department of Water Supply Receipt Photos of Subject Property County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, HI 96720 March 14, 2014 To Whom It May Concern TMK: (3) 6-2-005:008 Marry Smith (Waiemi LLC) has retained the services of All Aina Services to act on his behalf for an Change of Zone Application. Any and all questions regarding the application may be forwarded to them. I have authorized their agents to act on our behalves concerning any inquiries that may arise. All Aina Services P.O. Box 291 Laupahoehoe, Hi 96764 (808)969-3882 Marty Smith STATE LAND USE BOUNDARY AMENDMENT APPLICATION (IS ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: PETITIONER'S .ADDRESS: 6Z - K'PU.ELA 0 %-143 PETITIONER'S INTEREST IF NOT TELEPHONE:(Bus.)&B- S,9,( 23to (Res. DATE 1 -12 --Ir LANDOWNER SIGNATURE(S)OWO " '"' �gi DATE:ybe ADDRESS: (�7.-z341 KAf ErCA STtetterl Kh(.IiEta q1 41 7H3 TAX MAP KEY: (3) (y- 2 -QOS' 60 S STREET ADDRESS OF PROPERTY: Q-1266 Wh16M1 PL 96L�tCLA 41 R(6143 ZONING: A - 3q SIZE OF PROPERTY: 3 A;C ZES CURRENT STATE LAND USE DISTRICT CLASSIFICATION: AggR CgCTM�L REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: RURAL - AGENT: (ALL MM-?E(ZVl ES ADDRESS: E� W)X 29t LPEPACl 610E W SOO+ TELEPHONE:(Bus.)C9ifiSi GIo43982 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: WaiemiLL allf APPLICANTS SIGNATURE: DATE: ADDRESS:. 62-2391 Ka*eo a .�.,Pla H19674 LIST APPLICANTS INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)(808) 880-1236 (Res.) (Fax) LANDOWNER(S): Same as above LANDOWNER SIGNATURE(S): D2 LANDOWNER(S) ADDRESS: (Ma REQUEST: Ae-3a If RA -1.5a TAX MAP KEY: (316-2-005:008 g' ..g) (Proposed Zoning) STREET ADDRESS OF PROPERTY: 62-1200 Waiemi Pl. Kamuela 11196743 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3 Acres AGENT: All Aim Services ADDRESS: P.O.OBpi jx 291291 Laupahoehoe, HI 96764 TELEPHONE:(Bus.) 969-3882 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Owmer COPIES: BIZ THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: ATTACHMENT AgriculuralRezoning I. 2. PIANNNG DEPARTMENT COUNTYOFHAWAII APPLDATDN FOR CHANGE OF ZONE ffyourmquests approved, do you mend to subdinde the subject land n accordance wih the appmved change of zone? ffyeL,2.base answerthe mstof question 1 and then to question 3. a. How m any acres ofthe requested a ea do you intend to subdarsie? b. lata whatbtsi<es? C. lfyourmques;U approved, appmxm ataa y how long alterthe data ofappmmldo you expectto subm i:yoursubd".Jon plans to the Planning Depatlm entbrpmlm nary appmvaP d. Do you Mend to buX houses on the new Tj raPated bts? ffyesk.Base answerthe blbwng questions: 0 n how m any ofthose bts? Atw, hatappmxin at price range? House Lot Total Appmxm abIj how long, afterappmvalofffie subda�sbn, woub the fmsthouse be avar'hbb broccupancy? ffyrou mend to subdi de, p -base subm is pmlin nanj schem atic subda,sbn plan togetherwdh yourchange ofzone applicatbn Jam . ffyou have no fm pffias ofsubdiding the subjectama, in&nd to: a. SeRorkase the land 0 someone who has fm plans? b. S ellorhase the land to someone who has tentat m plans? 1. S eRorbase the land to someone who has no plans? J. Keep t e. 0 dyer ploase state) P.D.2 5,99 3 �,5 EAGil f. ifyou intend b do e9hera, b,c,pbase ehboi'ate on the kind ofphns the olherparg+has. P base, al o , he Jade b your answerappmxin ate.V how soon afkrappmvslofyourmzonng do you expectto t>anserthe subycthnd to anotherpa*. 3. Do you think thatyourmquestand yourfurtherphns brthe Ind wilalpvnte the bcalhousng sniathn? ` t-'�•: How? _' Li"kl �pT l,� l Sr— h't NTAL Pm LL. OELF GtUP, CC+rvtV4i(.Iw:Y`i.5�i0,:rAc�.. 4M►:YJrtic.,�Lc- ?=(a615iNtz_ 4. Are them any buaUhgs on the subyctasa? gso, whatkind? W hatdo you intend to do wth those bu$fugs $yourmquest b appmved? S --'7-:U ceitl?��ruvrE-i-fc S, S'_�',inn; e- i3V�lC,niN l,N'rc iaJ iz' BF '4tC N&n..� UtTS. 5. Is the subPcthnd cunentV being used brany agii iIhnalacW. i£so, please Tatthe kinds ofpmducts gmwn and on how many square leetoracros ofbnd perpmducL 6. W as yourmquestb albw bribe cmathn ofsm albragrcu2 al � 5 bts?/ lEso, dii yourphn inchde the blbw ng consilemt bns? 1 a. C oro m odi✓y to be pmduced? W hatlmds ofco m m odd b. Suiab2ly+ofthe proposed btste brthatoomm odiy? C. Suftrlentfaam sae b allow reasonable chance ofsuccess n f '— co m m emalag&ultre? tTrL- d. Agro, himlbases orothertmm s ofassurance thatpotential buyer orbases woub putthe subectahea tet som a ban of aglimInaluse? Phase state the pmposed type ofamangement Phase subm iyourag>rulnmlphns brthe subj ctama and pmsentevibence ofmnshemtbn ofthe above mquman ents together with yourhequestbra change ofzone. If you do notbtend to subdidie the subycthnd brsom e sotof agriahffihmlpuipose,phase state yourothermasons. ?. To yourknowhdge,has them been any ]bodbg and,Urdmnage pmbhm on the subj'ctatea? "VI r' ifso, phase descrbe the pmbhm B. Do you $tbk thatthe mads baftg b the subRctarea needs h provem encs? ffso, whatkbd? 15 the mad adequate brthe proposed bafx vobm a orbad? 9. W hatsortofgovemmentalassistance andbrmpmvementsdo you kelwrIl be needed b the subyctama when devebped? a. Schools b. Roads o. Sewer d. D rabage -3- Yes 'V V No �11r, Yes No .. Polbe PID@cd)n uf' _. Fie Pmte tbn klC' o Rer tenalFacRtes NG ue o. Pub&Ubliks NQ 0 Ther Forthose checked yes;pbase ebbomievhatWe ozkeds of in pm� encs andbrassihance an needed. S ynaNs: R Addmm: ;44th!, t -[h KAMU4LA Flt Telphone: [gQRi 3�5 -$74.5 46l R 3 Dam: -4- BACKGROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT AGRICULTURAL TO RURAL CHANGE OF ZONE FROM AGRICULTURAL 3 -ACRE TO RESIDENTIAL -AGRICULTURAL 1 -ACRE WAIEMI, LLC TMK: (3) 6-2-005:008 A. SUBJECT REQUEST 1. Details of Proposed Use/Development The subject parcel is located at 62-1200 Waiemi Place, Waimea Landmark Estates, Ouli, Waimea, South Kohala, Hawaii. The applicant is proposing to redistrict his 3 acre parcel from the Agricultural district to the Rural district and change the zone from from Agricultural 3 -acre (A -3a) to Residential -Agricultural 1.5 -acre (RA -1.5a) to allow the subdivision of the parcel into two (2) residential -agricultural lots. Lot 8-A would be approximately one and a half (11/2) acres and Lot 8-8 would be approximately one and a half (11/2) acres. There is currently one single-family dwelling on Lot 8-A. This residence was built in 2009. It is two-story, 2415 sq ft, four bedrooms, 31/2 bathrooms with an attached garage. The remainder of the site is vacant and unused. Upon approval of the Change of Zone, the applicant plans to build a single-family dwelling of 1600 sq ft on Lot 8-B with a two -car garage and additional parking next to one side of the garage. Construction cost will be approximately $175,000. It will take approximately six months to build after securing permits. This residence will be used by family or non -family tenants. Access to the proposed subdivision will be from Waiemi Place for both lots. The addition of one single-family dwelling to Waimea Landmark Estates is not expected to cause an adverse effect on existing traffic patterns. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use designation: The subject parcel is situated within the State Land Use Agricultural District. One component of this request is to re -district the Agricultural property to the Rural District. Since 1985, the Counties are allowed to process amendments to the district classification if the land area is less than 15 acres. The subject parcel consists of 3 acres, so no Land Use Commission approval is necessary. According to the Land Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: 1. Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas. 2. Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city -like' concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots. 3. Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The proposed redistricting is consistent with 15-15-27 of the Hawaii Land Use Commission Rules that determines the permissible uses within the Rural district: 1. All agricultural related activities and uses permitted under section 15-15-25. 2. Low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), HRS. 3. Golf courses and golf driving ranges and golf -related facilities. 4. Public, quasi -public and public utility facilities. 5. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single- family dwelling per one-half acre, except as may be provided for in this section. The proposed boundary amendment is compatible with the permissible use #2, "Low density residential lots of not more than one dwelling house per one-half acre". The existing single-family dwelling is situated on Lot 8A of one and a half acres (1 %) and the proposed single-family dwelling will be constructed on Lot 8B of one and a half acres (1 X). 3. Chapter 205A Coastal Zone Management: The proposed rezoning would not be contrary to concerns of the Coastal Zone Management as it would not interfere with public access to the shoreline, scenic and open space resources, coastal view planes and coastal ecosystems since the subject parcel is located approximately 3 A miles from the coastline. 4. Applicable goals/policies and objectives of the General Plan: The proposed rezoning is consistent with the following goals, policies and objectives of the General Plan. Land Use Element: GOALS • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. POLICIES • Zone urban and rural types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS • 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. Housing Element GOALS • Attain safe, sanitary and livable housing for the residents of the County of Hawaii. • The cornerstone of the County's housing programs and activities shall continue to be the encouragement and expansion of appropriate home ownership opportunities for our residents. POLICIES • Rural -style residential -agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The county shall review and amend if necessary, land use ordinances and codes to include considerations for rural -style residential subdivisions in appropriate locations. Summation: The proposed action will be the best classification for this land and in the best interest of the island's residents. The rural designation and RA -3.5a zoning is the appropriate designation as there is access to community services, employment centers and necessary utilities. The proposed action meets the needs of the Waimea community by providing residential -agricultural type lots and is in balance with the physical and social environment. The proposed request is also consistent with the General Plan which designates this area as Rural and the surrounding zoning and land uses. 5. General Plan designation: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the documents goal, policies, standards and courses of action. The proposed Rural boundary request conforms to the LUPAG Map which designates the area as Rural. 6. Zoning: County zoning for the subject parcel is Agricultural 3 -acre (A -3a). One component of this request is to change the zoning to Residential -Agricultural 1.5 -acre (RA -1.5a). 7. Community Development Plan: : The South Kohala Community Development Plan states under Policy No. 2 "Responsible Growth", Strategy 2.3: "Revise the County Subdivision Regulations and Planning Department policies and enforcement procedures to ensure that agricultural subdivisions are created for agricultural purposes and are not used for rural residential purposes without rezoning. There is certainly a demand and a place for residential projects. However, rural residential projects should be required to apply for and receive State Land Use "Rural" classification, and County "Rural Residential" Zoning designation". 8. Special Management Area: The subject parcel is outside the Countys adopted Special Management Area. No permits would be necessary under SMA regulations. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/EnvironmentalSetting 9. Description of property: The 3 acre parcel is a roughly rectangular shaped lot located north of the junction of Kawaihae Road and Waiemi Place. 10. Lava Hazard Zone: The United States Geological Survey classifies the subject parcel as Lava Flow Hazard Zone 8, on a scale of ascending risk, 9-1 with Zone 1 being the highest. 11. Distance from coastline: The subject parcel is located approximately 3 % miles from the coastline. 12. ALISH designation: The Agricultural Lands of Importance in the State of Hawaii (ALISH) has no designation for the property. 13. USDA soil type: The United States Department of Agriculture Natural Resources Conservation Service Soil Service Report identifies the soil type to be Hapuna-Waikui- Lalamilo Complex. Slopes are 0 to 20 percent. The parent material consists of basic volcanic ash over as lava. The natural drainage class is well drained. Available water to a depth of 60 Inches is very low. Organic matter content in the surface horizon is about 7 percent. 14. Land Study Bureau rating: The Land Study Bureau classifies the soil as class D, or Poor for agricultural use. 15. FIRM designation: According to the Flood Insurance Rate Map (FIRM), the subject parcel is in zone X, areas determined to be outside the 500 -year floodplain. 16. Existing drainage ways: There are no existing drainage improvements. Annual rainfall is 10 to 20 inches. Historic Resources: 17. Existing archaeological, cultural or historic sites: There are no known archaeological or historic sites on the subject parcel. Cultural resources associated with traditional and customary native Hawaiian rights have not been identified on the property. A letter was submitted to the Department of Land and Natural Resources, State Historical Preservation Division requesting a "no effect" determination on July 18, 2014. No reply has been received. Natural Resources: 18. Existing floral and faunal resources: The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 19. Scenic or coastal resources: As the subject parcel is located approximately 3 31 miles from the coastline, there are no coastal resources. A view of the coastline is not available. Valued Cultural Resources: 20. Existing traditional and customary native Hawaiian rights: No valued cultural or historical resources exist on the subject property and no gathering is taking place. The proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. Public Access: 21. Existing public access: No public access or trails have been identified with the subject area. Social -Economic Characteristics: 22. Social settlement pattern for the area: Waimea, along with the rest of South Kohala, has undergone significant changeover the past thirty years as resort development along the south Kohala coastline has grown and the base facilities for astronomy research have been developed in town. This area has been a ranching community for many years, the home of Parker Ranch and many small cattle operations. Farmers have settled in the area to grow truck crops for both the island of Hawaii and the rest of the state. There are retirees from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns as well. With the growth of tourism, workers from the South Kohala resorts have found Waimea and the surrounding area to be a suitable location for housing. The Hawaii Preparatory Academy has attracted many families with their national reputation as a high quality college preparatory school. 23. Economic resources of the area: This community is the home of numerous ranching and farming activities. Many residents are actively engaged in commercial agricultural ventures. Many residents have found employment at the resorts on the South Kohala coastline. The Nath Hawaii Community Hospital provides a number of employment opportunities in health care and related fields. Hawaii Preparatory Academy and Parker School are valued economic resources. Waimea is also the host town for the headquarters of the telescopes on Mauna Kea. 24. Land values: Similar three acre lots in this area sell for approximately $250,000. Surrounding lands: 25. Zoning: All of the parcels in the Waimea Landmark Estates Subdivision are In the State Land Use Agricultural District and zoned Agricultural 3 -acre by the County. The 1930 acre parcel adjacent to the north is in the State Land Use Agricultural District and zoned Agricultural 40 -acre by the County and is leased by Parker Ranch. The 158 acre parcel adjacent to the south is in the State Land Use Agricultural District and zoned Agricultural 1 -acre by the County. The Anekona Estates Subdivision is located approximately % mile to the east of the subject parcel, and adjacent directly south of the Waimea Landmark Estates. Between 1998 and 2006, fifty (50) out of sixty-two (62) of these parcels have been re -districted and re -zoned from A-Sa to RA -2a. (See Zoning Map) 26. Land use: Land uses in the surrounding properties consist of a mix of single-family dwellings, condominiums, vacant property and agriculture. D. PUBLIC FACILITIES AND SERVICES 27. Description of access: The property is located at 62-1200 Waiemi Place and north of Kawaihae Road. Waieml Place is a county road, approximately 50' right-of-way with 20' of paving. Access to the proposed subdivision will be from Waiemi Place. 28. Availability of water. The site is serviced by the Department of Water Supply and presently has one meter. The applicant has purchased an additional meter from the Department of Water Supply for the proposed site. (See DWS receipts) 29. Sewage disposal: The present single-family dwelling is serviced by an individual wastewater system. Any additional structures built on the subject parcel will have an individual waste water system approved by the State Department of Health. 30. Solid waste: Solid waste disposal is available at the Waimea Transfer Station, the Puako Transfer Station and the West Hawaii Landfill. 31. Schools: Public schools and private schools are located in Waimea, approximately seven miles east. 32. Parks: The nearest public recreation facility is Waimea Park and Anuenue Playground located approximately seven miles east of the site. Hapuna Beach Park is seven miles to the west of the she. Spencer Beach Park is located six miles west of the site. 33. Other utilities and services: Electrical, telephone and cable service are available to the subject parcel. 34. Police andfire protection: Police and fire protection are located in Waimea. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short- term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long- term consequences has been identified for the proposed action. 36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: Any possible construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated in accordance with agency requirements. 37. Alternatives to the proposed development., The alternative to the proposed action would be to leave the parcel as is with a single-family dwelling. This would not allow the development of an additional lot for residential -agricultural purposes in this desirable area of South Kohala. It also would not increase the real property tax base as the proposed action would. 38. Irreversible and irretrievable commitments of natural resources that would be involved If proposed action is implemented: The construction of one additional rural residential unit would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions applied to this request would help insure the protection of the natural and cultural resources on the property. There are presently no such conditions placed on the property. tlawall v lood Hazard Assessment Tool w.M m..m �w ray.. v.., s.F1rw1 wxc xvw ow.. 1w.. 0144C (s)JR100INTED XA Page 1 of l 1 a .2x mle ew.ae.,emeaaacn: aemoixmrwai rtnc�"ii "_. i eF,.s.ex11F wo x.<.in aaOa.FSFFo- u.mxmxl 1�..eaF a.v4aaa o..maasm 02119 xYNM O➢�1YFi1. . BNIVIMS. e&OfdhY ,.101.%ICdgMRMMT. httnj/eis.hawaiinfin nrn/4hat/ ' ^11 111.1 1 January 12, 2015 State of Hawaii Department of Land and Natural Resources Historic Preservation Division 40 Pookela Street Hilo, HI 96720 Attn: Sean P. Naleimaile Subject: Change of Zone Application and State Land Use Boundary Amendment Applicants: Waiemi LLC TM (3) 6-2-005:008 The applicant is requesting a Change of Zone for his 3 -acre parcel from A -3a to RA -1.5a in order to subdivide it in two. The applicant is also proposing to redistrict his parcel from the Agricultural district to the Rural district. The subject parcel is located at 62-1200 Waiemi Place, Waimea Landmark Estates, Cull, Waimea, South Kohala, Hawaii. There is an existing single-family dwelling on the property, built in 2009. It is 2415 sf with 314 bathrooms and 4 bedrooms. This is a request for a letter of no effect required from the Department of Land and Natural Resources, State Historical Preservation Division, in order to show that there are no archaeological, cultural, or historic sites located on the parcel. We sent you a previous letter regarding this application which has been changed from A -3a to RA -1.5, dated July 18, 2014 All Aina Services PO Box 291 Laupahoehoe HI 96764 (808)969-3882 No reply has been received to either letter a— - • ii+lir 1. iiiii ii® ' ' I i ♦ 1 i < fig f 0 i oil <4. I � _ a i � qq a y J 1' a— - • ii+lir 'f ZONING MAP A•40a -eaI I F.^'u WAIMEA LANDMARK ESTATES ry i IDI 4�Sa i 'tMm 1 } 11 m% Ala i i I � I m ANEKONA ESTATES A -5a LEGAL DESCRIPTION LOTS WAIMEA LANDMARK ESTATES, UNIT I PILE PLAN No. 1507 Being a portion of Royal Patent 2237, Land Commission Award 8518-B. Apana 1 to.lames Young Doti, Waimea, South Kohala, Island of Hawaii. State of Hawaii TMK (3 Div) 6-2-005: 008 Beginning at the northwest corner of this piece of land. being the northeast comer of Lot 7. Waimea Landmark Estates. Unit 1. the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 12.462.08 feet North and 22.93859 feet West, and running by azimuths measured clockwise from true south: i. 2730 13' 40" 272.93 feet along Government Land: _. 3550 40' 10"' 48451 feet along Lot 9. Waimea Landmark Estates. Unit 1: Thence along the northerly side of Kaw-aihae Road on a curve to the left having a radius of 603.00 feet. the chord azimuth and distance being: 3. 880 06' 24" 201.92 feet: Thence along the northerly side of Kawaihae Road on a curve to the right having a radius of 25.00 feet, the chord azimuth and distance being: 4. 117° 46' 43" 31.68 feet: Thence along the northeasterly side of Waiemi Place on a curve to the left having a radius 0£250.00 feet, the chord azimuth and distance being: 5. 1470 00' 22" 87.54 feet: 6. 1750 40' 10" 418.17 feet along the east side of Lot 7, Waimea Landmark Estates, Unit 1 to the point of beginning and containing an area of 3.000 acres. more or less. SUBJECT TO, however, the following: Portion of Easement I for Waterline Purposes (I5 Feet Wide), being a portion of Lot K Waimea Landmark Estates, Unit 1 as shown on File Plan No. 1507 Ouh. Waimea. South Kohala Island of Hawaii. State of Hawaii TMK (3 Div) 6-2-005: 008 portion Beginning at the northwest corner of this piece of land. being also the northeast comer of Lot 7, Waimea Landmark Estates, Unit t, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 12.462.08 feet North and 22.938.59 feet West. and running by azimuths measured clockwise from true south: 1. 2730 13' 40" 272.93 feet along Government Land; 2. 3550 40' 10" 15.13 feet along Lot 9. Waimea Landmark Estates. Unit 1: 3. 930 13' 40" 272.93 feet along remainder Lot 8: 4. 1750 40' 10" 15.13 feet along the east side of Lot 7, Waimea Landmark Estates. Unit I to the point of beginning and containing an area of 4.094 square feet . more or less. SUBJECT TO, however. the following: Easement 24 for Electrical Purposes (10 Feet Wide). being a portion of Lot 8. Waimea Landmark Estates, Unit I as shown on File Plan No. 1507 Ouli, Waimea, South Kohala, Island of Hawaii, State of Hawaii TMK (3 Div) 6-2-005: 008 portion Beginning at the northwest corner of this piece of land, being also the northeasterly side of Waiemi Place, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11.983-27 feet North and 22.864.60 feet West, and running by azimuths measured clockwise from true south: 1. 2750 06' 159.71 feet along remainder Lot 8: 2. 87° 05' 11" 71.72 feet: 3. 950 06' 82.98 feet 5. 1550 29' 28" 11.50 feet Thence along the northerly side of Kawaihae Road on a curve to the left having a radius of 603.00 feet. the chord azimuth and distance being: along remainder Lot 8; Thence along the northeasterly side of Waiemi Place on a curve to the left having a radius of 250.00 feet, the chord azimuth and distance being: to the point of beginning and containing an area of 1,162 square feet , more or less. SUBJECT TO, however, the following: Portion of Easement 27 for Water Purposes (15.00 Feet Wide), being a portion of Lot 8, Waimea Landmark Estates. Unit 1 as shown on File Plan No. 1507 Ouli, Waimea, South Kohala, Island of Hawaii, State of Hawaii TMK (3 Div) 6-2-005: 008 portion Beginning at the northwest comer of this piece of land. being also the northeasterly side of Waiemi Place, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 12.012.48 feet North and 22,881.25 feet West, and running by azimuths measured clockwise from true south: Along the remainder Lot 8 on a curve to the left having a radius of 1792.500 feet. the chord azimuth and distance being: I. 276' 32' 19" 75.41 feet: 2. 2750 20' 107.65 feet along remainder Lot 8; 3. 2790 06' 69.03 feet along remainder Lot 8: 4. 3550 40' 10" 15.42 feet along remainder Lot 9, Waimea Landmark Estates; 5. 990 06' 72.13 feet along remainder Lot 8; 6. 950 20' 107.15 feet along remainder Lot 8: 7. 960 20' 46" 63.90 feet: 13 Thence along the remainder Lot 8 on a curve to the right having a radius of 1807.50 feet, the chord azimuth and distance being: Thence along the northeasterly side of Waiemi Place on a curve to the left having a radius of 250.00 feet, the chord azimuth and distance being: 1480 40' 15- 19.27 feet to the point of beginning and containing an area of 3.712 square feet. more or less. -ryF Description prepared by: LICENSED !! /J PItOGE5510NAt LANG ['<' StlavEYM * Roy 6. Hollowell Na 12741 Licensed Professional Land Surveyor q^ Certificate No. 12741, Expires 4/30/2016 4KAll,US September 9, 2014 p 15931'15', 25.61 R455.00 "" 22',e'/.51 I R"M as 11N a-2 <A£ OOt 14VW 3', 62.18 R=250.00 Notes NI171643, 3f.� R�25.00 Kawailwe 1. Applicant: Waiemi LLC 2. Street Address: 62-1200 Waiemi Place 3. Current Zoning: A -3a 4. State Land Use Designation: Agricultural 5. Flood Zone Designation: Zone X per County of Hawaii, Department of Public Works, Flood Zone Determination sheet dated September 2, 2014. 6. Area of Proposed Subdivision: 3.000 Acres. 7. Date of Mop: January 15, 2015. 20182 This survey was performed by me or under my direct supervision on August 13, 2014. Roy C. Hollowell Licensed Professional Land Surveyor Certificate Number 12741 Expires: April 30, 2016 Road Scale: 1"= 100 feel I LICENSED f PRD LE SURMYC6 Nn.12741 Island Boundary RR 3 80X 81571, Pahoo, HI 96778 (808) 345-1561 MAP FOR PROPOSED ZONING CHANGE SHOWING PROPOSED SUBDMSION OF LOT 8, W4144EA LANDMARK ESTATES, UNIT 1 FILE PLAN No. 1507 INTO LOT B—A AND 8—B OULI, WA/MEA, SOUTH KOHAL4, ISLAND OF HAWAII, HAWAII TMX: (3rd) 6-2-005: 008 316; a-2�a1: ms 21Jf3'1a' us — 27[83 ern,, w 0 } Lot 8-A 9 1.500 Amen he W] h 1W. 6-2-OOx a0] N t22eom 4 25556 TW M1 �s _ 265Z2'W g—' W93 m 9-2-0 .. 009 y � tw N' S 4 m Lot ,s _ I I p - 15931'15', 25.61 R455.00 "" 22',e'/.51 I R"M as 11N a-2 <A£ OOt 14VW 3', 62.18 R=250.00 Notes NI171643, 3f.� R�25.00 Kawailwe 1. Applicant: Waiemi LLC 2. Street Address: 62-1200 Waiemi Place 3. Current Zoning: A -3a 4. State Land Use Designation: Agricultural 5. Flood Zone Designation: Zone X per County of Hawaii, Department of Public Works, Flood Zone Determination sheet dated September 2, 2014. 6. Area of Proposed Subdivision: 3.000 Acres. 7. Date of Mop: January 15, 2015. 20182 This survey was performed by me or under my direct supervision on August 13, 2014. Roy C. Hollowell Licensed Professional Land Surveyor Certificate Number 12741 Expires: April 30, 2016 Road Scale: 1"= 100 feel I LICENSED f PRD LE SURMYC6 Nn.12741 Island Boundary RR 3 80X 81571, Pahoo, HI 96778 (808) 345-1561 LOCATION/ADDRESS: APPLICATION FOR WATER AND SEWER SERYICES a .•, COUNTY OF HAWAI«I DEPARTMENT OF WATER sUPPLY TENT OF ENVIRONMENTAL MANAGEMENT, WASTEWATER DIVISION Saved by Sewer. Yes_ No _ Service No.: r Ras Bus No. of Units served by sewer TAX MAP KEY: " � - %/' � (: / ?' Lot No, The undersigned applicant hereby applies to the Department of Water Supply of the County of Howai'i for water service, and the Department of Environmental Management, Wastewater Division, of the Comity of Hawai'i for sewer service, if applicable, at the above location. Pending approval, and in consideration of commencement of such service(s), the undersigned agrees to pay all charges incurred upon such location for such savice(s) and to abide by all rules, regulations, ordinances, codes, provisions, and policies prescribed by the Department of Water Supply end the Water Based of the County of Hawaii, the Department of Environmental Management of the County of Hawai'L and the State and County of Hawaii, relating to water and sewer services and rates. The undersigned understands that they will be billed by the Department of Water Supply for water service, and if applicable, will be billed separately by the Wastewater Division of the Department of Environmental Management for sower service. FOR DWS DEPARTMENTAL USE ONLY ACCOUNT INFORHATION Category Code: . Purpose:,- Flat / Estimated Fees Sc Fee Description: ", Facilities Chase S Credit Deposit S Wok Order No,: Meter No./AMR No.: Reading When Installed: Elevation Agreement: Out -of -Bound: Remarks: SystemC , t; Ree #�_^• . T Q"�. , a c Rec #' Rec # Size; > Y ' I Data: Backflow Pmvemr.phone; Date Service Stated: Applicant/Agent: y1 X',�j''r Billing Address: / ` �/ <r•!+ ✓ , , , e> ID#: ✓,s:^" , , i f , Ia ; ,/ (H) _ e Signature 1. / f LIMITED T6 DWS Cost Svc Rep: "_ (B) _`i . ,,� , a;%;. (C) ' '%I <: . tY,�f pate: GALLONS PER DAY { ' } UNR(S) da. z •` s yv. ire County of Hawan n is an equal opportunity provider and emnlover. an 1111 OFFICIAL RECEIPT DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAH A ft !�W, 19A/n stic- wwN E A i}ATf .p i X°>o• of Gi/�, _ ryp� ��. 9Qt NTf j Ar+gRV�i WTI. RAW �.F WTA.NTIOk 'k h- H91fvEA W9t`NVE T 9i� .A� i.�.. J7QC� T I l,RflXf WMA TUTatnif / �'yr�G t5/✓ i yM ,r v tf 15 hd DRIVEWAY AND WEST SIDE OF PROPERTY EXISTING SINGLE-FAMILY DWELLING PROPOSED LOT 8-B DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: February 17, 2015 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division Chief X,i Engineering Division ik, , SUBJECT Change of Zone Application (REZ 14-000186) State Land Use Boundary Amendment (SLU 14-000042) Applicant: Waiemi LLC Request : Agricuftural-3 Acre (A -3a) to Residential Agriculture -1.5 Acre (RA -1.5a) Location: Waimea Homesteads, Waimea, S. Kohala, HI TMK: 3 / 6-2-005:008 We reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. Waiemi Place, fronting the subject property, is a County road. It has an approximate 20 -ft. wide pavement, with grass shoulders, within a 50 -ft. right-of-way. 4. The existing driveway approach is unpaved. A paved driveway approach to Waiemi Place shall be constricted to conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Driveways shall conform to County standards details R-37 and R-38. Submittal of plans for the proposed approach to the Disability and Communications Access Board (DCAS) is required under HRS 103-50. The DCAB's Final Document Review Letter shall be submitted with the application for a Permit to Work within the County Right of Way. 5. There is a shallow intermittent watercourse traversing the subject property. The applicant should show the watercourse in the subject application and on any development plans and be prepared to provide a drainage easement to reserve and designate its boundaries on the subdivision plat. Hawaii County a an Equal OppoMwty Provtdar and Employer Planning Dept. Exhibit 4 Memorandum to P0. REZ14-000186 February 17, 2015 Page 2 of 2 Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA U • DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAPI 96720 TELEPHONE (BOB) 961-5050 • FAX (BOB) 961-8657 February 18, 2015 TO: Mr. Duane Kanuha, Director - Planning Department - N FROM: Quirino Antonio, Jr, Manager -Chief Engineer SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000042) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 15-000186) REQUEST: A -3A TO RA -1.5A APPLICANT - WAIEMI LLC TAX MAP KEY 6-2-005:008 We have reviewed the subject application and have the following comments and conditions Please be informed that the subject parcel is currently served by a 5/8 -inch meter, which is adequate for only one dwelling at an average daily usage of 400 gallons. Also, there is a pending application for water service for a second meter. Therefore, we have no objections to the proposed applications as there is a service available for each proposed lot. Prior to final subdivision approval, installation of the service to front the proposed Lot 8-B is required. Should there be any questions, please contact Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. RQ:dfg copy- Waiemi LLC All Aina Services Antonio, Jr., P.E. D anning Dept. FX¢, blt S - ...`lNater, Our Most Precious Resource ... /(;a'Wai A Kane., _ -0 9.7 0 5 7 Tne Dspnmsant of Water Supply is an Equal Opppnunity pronoar ena employer ��—' William P. Kenoi Susan K. Akiyama Mayor Housing Administra or County of Hawaiei Office of Housing and Community Development 50 Wailuku L nv • Hilo, Hawai'i 96720 • (808) 961-8379 • Fax (808) 961-8685 KONA: 74-5044 Ane Keohokalole Highway • Kailuo-Kona, Hawai'i 96740 (808)3234305 • Fax(808)3234301 February 3, 2015 MEMORANDUM TO: Duane Kanuha, Planning Director Planning Department FROM: Susan K. Akiyama, � ► 1� Housing Administrator v SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 15-000042) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 15-000186) APPLICANT: WAIEMI LLC REQUEST: AGRICULTURAL -3 ACRE (A -3A) TO RESIDENTIAL AGRICULTURAL -1.5 (RA -1.5A) TAX MAP KEY: (3)6-2-005:008 The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are not applicable to the subject request. Thank you for the opportunity to comment. SCANNED qa� Planning Dept. FEB -g 2G'.5 EQUAL HOUSING OPPORTUNITY 2311pescdacHAWN I COUNTY IS AN EQUAL OPPORTUNITY Exhibit By:_ 9 PROVIDER AND EMPLOYER" March 2, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: idanmwna,Co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow. SUBJECT: State Land Use Boundary Amendment (SLU 15-000042); Change of Zone Application (REZ 15-000186); Request: Agricultural -3 Acre (A -3a) to RmidentlifrAgricultural-1.5 Acre (RA -1.5a), Waiemi LLC, Applicant, South Kohala, Hawaii; TMK: (3) 6-2-005:008 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and Comments. At this time, enclosed are comments from the (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, Russell Lend Adadni ator Enclosure(s) Planning Dept. Exhibit _L scal�NED ey.097272 1!AW,WiG RERkUMENT '-t�Yl�i�� mwei,�m'Pux�nwu� wL/MW.ID WOYcewrvnn,rtN _. STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LANA DIVISION POSr OFFICE BOX 621 'Gewrsa HONOLULU,NAWAn %8M March 2, 2015 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: idanmwna,Co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow. SUBJECT: State Land Use Boundary Amendment (SLU 15-000042); Change of Zone Application (REZ 15-000186); Request: Agricultural -3 Acre (A -3a) to RmidentlifrAgricultural-1.5 Acre (RA -1.5a), Waiemi LLC, Applicant, South Kohala, Hawaii; TMK: (3) 6-2-005:008 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and Comments. At this time, enclosed are comments from the (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, Russell Lend Adadni ator Enclosure(s) Planning Dept. Exhibit _L scal�NED ey.097272 roman.°m���L.wui on FIpM: SUBJECT: t• STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POSE OFFICE BOX 621 HONOLULU,HAWAII %809 February 3, 2015 MEMORANDUM DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Englneenng Division _Div. of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Preservation ussell Y. Tsuji, Land Administrator V Slate Land Use Boundary Amendment (SLU 15-000042); Change of Zone Application (REZ 15-000186); Request: Agricultural -3 Acre (A -3a) to Residential Agricultural -1.5 Acre (RA -1.5a) LOCATION: South Kohala, Hawaii; TMK: (3) 6-2-005:008 APPLICANT: Waiemi LLC Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by February 26, 2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( ) We have no comments. ( /f Comments are attached. Signed: Print nam • S t]YEMIaMr Date: cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/ Russell Y. Tsuji REF: Slate Land Use Boundary Amendment (SLU 15-000042) and Change of Zone (REZ 15-000186) Applications, OuIL S. Kohals Hawau.011 COMMENTS (X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. ( I Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM). is located in Zones O Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is O Please note that the project site muss comply with the roles and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator. Ms. Carol Tyau-Beam. of the Department of Land and Neutral Resources, Engineering Division at (80R) 597-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there we questions regarding the local flood ordinances. please contact the applicable County NFIP Coordinators below: ( ) Mr. Mario Sm Li at (808) 768-Ro98 of the City and County of Honolulu. Department of Planning and Permitting ( ) Mr. Frank DeMmco at (808) 961-8042 of the County of Hawaii, Department of Public Works. 1 I Mr. Carolyn Cortez at (808) 270-7253 of the County of Maui. Department of Planning. I ) Mr. Stanford Iwamoto at (808) 2414896 oftbe County of Kauai. Department of Public Works. ( I The applicant should include project water demands and infrastructure required to meet water demands. Please tote that the implementation of am State-sponsored projects requiring water aervicc from the Honolulu Board of Water Supply system must firs obtain water allocation credits from the Engineenng Division before it can receive a building permit andan water meter. 1) The applicant should provide the water demands and calculmioms to the Engineering Division so it can be included in the State Water Projects Plan Update. ( ) Additional Comments: I ) Other. Should you have any questions. please call Mr. Dennis ]mile of the Planning Branch at 587-0257. Sig- ne�J^ f �(CARTY 5. CH N .CHIEF EN INFER Date:I % ('S U141CI 0142C PANEL NOT P INTED PANEL NOT PRINTED 4St, I U144( PANEL NOT I AREA ALL IN FLOOD ZONE DEFIMrIONS PROPEMY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE I%ANNDAL COMM IWWAII CWNCE FLOOD -The 1%amml duce D1W(IODymr kni), rim bmae a Me tme TM(NO. 13)62-0 006 bpd NftSml MallmalXtlenre dmhgequaletlwmmwleCMaM B�rIY®r_ PARCELADDRESS: 62-11WW/E1,11 PLACE TMSpabl FImIHaratl6Ce8reaedWWftftb/Met%auWYdarm rood MIWElA,X%7Q AraadSps FINXI d'e Zo.k AE.AH.AO. V,WW. T Bae Fb FIRM INDEX DATE: APwSw.M EbWppn)BFEI blheaaWerafaPealevAidnd Ma lX maeal marcelpotl. W,mwy lope nlrry CpntRYyWV COUMy NFM(Nd flWtlivaaPm puMmeepPis hlMx zwm- LETTER OF MSP CWANGE(S): NONE Z mk NOBFEdebrmlW. FEIMFIRMPANEM: Imim1MC 2dneAE BFE dbembNd. PANEL EFFECT DATE: PANEL NOT PRWIEO ZemAH Fb m 0 t b 3 NellmuaW armsd pwm9k BFE ddwmim. L ZMAO. FtWdepOsdtb34et(uuydled6owm*phgRmh). a ftlla d lmxL ■Z—V ComW MW mceevn ucmY NaaaN Here adMak roBFE dehnracd. . Zane VE CmbllbddrwN NlMvebdry temrd lNare acaWl: BFEdebmbled PARCEL DATA FROM JUNE2013 . ZPMAEF: FL1Pdeayattaia Zwe AE. The MPdraY UMedalmld abeam IMAGERY DATA ROW WYM pha aM WjamnlbWdeh ours Mal mei be kepheed Wamdenml spam MFORTANTPNONEIRMiERS Mel%aWealdmcelootlmlbemMW xiNnl4 hoanip the SFE. Caupr NFlPGmrdiraln NMISPECIALFLOOOHAZARDAREA-Marmhabw-bndbale M1gflmdmna. CmMY Of Hwap NoaM4" flood hs.. p ham Mm..de app, bdmreW. cara9abkh FU DdL .CFM (808)961-0002 PN pabq Wmmvr Sbb NFIPCowft ■ZemIS((shWW): Anaad0.2%anmNl danm Npde: aemsd tXannml CMM TYa'Beam,P.E.,CFN 1805)58]-0267 CMnm fIWd MWM Breraja d Plhe Of M Nn l fwl Or'allh ba5laga a I= OYfleinry TM OepY Md Lwb wd N6slF Than l Spmm mb: and areas pmbdW by knee fun l%anmN Mmm llCW, mrepprwftWr wlwpawn rM vee a r—. Zurek Aaeaz tletHmhW Mbe Wbitle Ole 0.2X annWldarce lbplNOdn. CO'"en1pd,"d"10�Ya.arYUeen uererpan aMpr membmeomanda roma.mrwl OTHER FLOOOAREAS INMft Ay. Nnmrr mmrreeawnmuae Z.. D. UMWNCW Aaz2rd5 rnp Me dean Nenll6edo WELINIMAFY atter ailLVB aR unm101rllimd, bN lw,.HrM pmelb$Na IllOfdabf,I iJW heaRnCB PNGIa9e ra9Cbamenb BiPIY. LIIi[M¢2ge pMfe rab rMr ds bevpppgeEb adwmMb mlb Mrrded/a Mn"eY1aP/davmrla npWb R 8V81bHa In mN2ImIIrG WrrIm11NNM. lope nlrry CpntRYyWV COUMy NFM(Nd February 3, 2015 MEMORANDUM TO: DLNR Agencies: .._ _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division _Div. of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division— Hawaii District X Historic Preservation FROM: f- Russetl Y. Tsuji, Land Administrator SUBJECT: State Land Use Boundary Amendment (SLU 15-000042); Change of Zone Application (REZ 15-000186); Request: Agricultural -3 Acre (A -3a) to Residential Agricultural -1.5 Acre (RA -1.5a) LOCATION: South Kohala, Hawaii; TMK: (3) 6-2-005:008 APPLICANT: Waiemi LLC Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comm ants by February 26, 2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ce: Central Files have no objections. VWe We have no comments. ( ) Comments are attached. Signed. Print ttam��i Date: S d 'MR.e STATE OF HAWAII ._. _ --. •. DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION _ POST OFFICE SOX 621 aH� HONOLULU.MWAD 96909 - February 3, 2015 MEMORANDUM TO: DLNR Agencies: .._ _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division _Div. of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division— Hawaii District X Historic Preservation FROM: f- Russetl Y. Tsuji, Land Administrator SUBJECT: State Land Use Boundary Amendment (SLU 15-000042); Change of Zone Application (REZ 15-000186); Request: Agricultural -3 Acre (A -3a) to Residential Agricultural -1.5 Acre (RA -1.5a) LOCATION: South Kohala, Hawaii; TMK: (3) 6-2-005:008 APPLICANT: Waiemi LLC Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comm ants by February 26, 2015. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ce: Central Files have no objections. VWe We have no comments. ( ) Comments are attached. Signed. Print ttam��i Date: S :Iri — •: r�T uax s.uurvc a ' 1 v: pg d,yrd'dry� � 61" �..m STATE OF HAWAII iry,a i DEPARTMENT OF LAND AND NATURAL RESOURCES ,uioou»E STATE HISTORIC PRESERVATION DIVISION nre.uv X LTHDIEWA BUB.DING 601 KAMOI BLVD, 57E 555 March 4, 2015 Duane Raouha LOG NO: 2015.00430 Planning Director DOC NO: 1503MV05 County of Hawaii Archaeology 101 Pauahi Street Suite 3 Hilo, HI 96720 Russell Tsuji Land Division PO Box 621 Honolulu, HI 96609 SUBJECT: Chapter 6E42 Historic Preservation Review — County of Hawaii Change of Zane Application (REZ 14-000186) and State Land Use Boundary Amendment (SLU 14-000042) for Waieml LLC Oub Ahupua'a, South Kohais District, Island of Rawai'i TMK: (3) 6-2-005:008 Thank you for the opportunity to review this application that was received by am office on November 7, 2014. According to the application, the land owner has requested a change of zone from agriculture (A -3a) to Residential Agriculture (RA4.5a). The project area will then be subdivided into two lots by the owner. The lot already contains one single family dwelling, and the use of that dwelling would continue after the subdivision. 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, Aerial photographs indicate that the proposed project area was previously graded during the initial subdivision improvements. SHPD previously reviewed a similar project for this parcel and determined that no historic properties would be affected (LOG NO: 2014.5015, DOC NO: 1412MV04 and LOG NO: 2014.5121, DOC NO: 1412MV1). Therefore, it is unlikely that historic properties remain in the project area and SHPD believes that net 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 idetdified during construction activities, please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the Stute Historic Preservation Division at(908)933-7653. Please contact Mike Vitousek at (808) 652-1510 or Michael.VitousekL@,hawaii.gov for any questions or concerns regarding this letter. Aloha, 419.41 L. 1.- _. Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division Planning Dept. Exhibit —8 SCANNED M1 MAR 17 2015 t 6y: 097527 DAVID Y. IGE GOVENNO or HAW4 MEMORANDUM 4 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 DATE: February 18, 2015 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye rAr District Environmental Health Program Chief VIRGINIA PRESSLER, M.D. aaec.on of HEALrN SUBJECT: State Land Use Boundary Amendment (SLU 15-000042) Request: Agricultural to Rural Change of Zone Application (REZ 15-000186) Request: Agricultural -3 Acre (A -3a) to Residential Agricultural -1.5 Acre (RA -1.5a) Applicant: Waiemi LLC Tax Man Key: 6-2-005:008 We recommend that you review all of the Standard Comments on our website: bttp://bawaii.gov/health/environmental/env-t)lanningeqanduse/landuse.html. Any comments specifically applicable to this project should he adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group BEWGI of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD: SLU 15-000042.ni Plcanning Dept. Exhibit_ { '2 -I AVID Y GE GAMI DGOVEERNOR ® F/! FORD I DIRECTOR SS1l�\" N DEPOry DIRECTORS JADE T. OUTPY �3 ROSS M. HIGAPHI EOWW H. SNIFFER STATE OF HAWAII CARRELL T. YODNG DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 HWY-PS 2.9044 February 20, 2015 Mr. Duane Kanuha Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hila, Hawaii 96720-4224 1 F1 T: T♦ 1,y i1111 Ci. 111 S 1 Subject: District Boundary Amendment, SLU 15-000042, AG to Rural Change of Zone, REZ 15-000186, AG -3a to RA -1.5a 62-1200 Waiemi Place, Waiemi, LLC South Kohala, Ouli, Hawaii, TMK: (3) 6-2-005:008 Waiemi, LLC proposes land use district amendment and zone change for the residential lot at 62-1200 Waiemi Place with the eventual intent to subdivide the 3 acre lot into two 1.5 acre lots. An existing house will reside on one lot and a new house would be built on the second lot. The two lots will share the same existing access driveway to Waiemi Place which accesses Waimea-Kawaihae Road, State Route 19 at a stop -controlled intersection. We have the following comments: 1. The subject actions are not expected to result in significant impacts to our State highway facilities. 2. A ten -foot wide "No Vehicle Access and Planting Screen Easement' shall be established along the Waimea-Kawaihae Road frontage of the current existing lot. 3. The existing and future lots most use the same access driveway which is located as far from the Waimea-Kawaihae Road and Waiemi Place intersection as reasonably possible. If there are any questions, please contact Ken Tatsuguchi, Engineering Program Manager, Highways Planning Branch, at (808) 587-1830. Please reference file review number PS 2015-019. Sincerely, SSCA FORD N. FUCHI Planning Dept- ' Director of Transportation t i Exhibit 19"t (l 7_ 17�✓; RW.je SWA.418/I5 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WAIENH LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000042) Upon careful review of the request against the guidelines for granting a State Land Use Boundary Amendment, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural to subdivide the property into two lots. The applicant is also requesting a concurrent Change of Zone from Agricultural 3 -acre (A -3a) to Residential and Agricultural 1.5 -acre (RA -1.5a) for the 3.0 acre subject property.. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 2052, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the area; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city -like" concentration of people, structures, streets, and -t_ Attachment to: Comm. 308 Bill 52 urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The property was created on September 14, 1976 as one of the original 21 lots in the Waimea Landmark Estates, Unit 1 Subdivision situated north of Kawaihae Road. Surrounding lands are located within the State's Agricultural district and the County's A- la, A -3a, and A -40a zoning districts. The Anekona Estates and Kanehoa Estates Subdivisions consisting of 5 -acre lots zoned RA -2a and A -5a within the State's Rural and Agricultural district are located about one mile to the east. The `bull Mutual Self Help Housing subdivision is also located about'/. mile to the southeast of the subject property on land zoned A-1 a and in the State's Urban district. These subdivisions include primarily residential uses with some agricultural uses and vacant lands. From 1998 to 2006, the County Council approved similar requests for State Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change of Zones from A -5a to RA -2a in the nearby Kanehoa Estates Subdivision and Anekona Estates Subdivision. Section 15-15-27 of the Hawai'f Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district sball include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except w provided by County ordinance pursuant to Section 464(c), HRS..." The proposed boundary amendment from the Agricultural to Rural district is necessary in order for the applicant to subdivide its property into two 1.5 -acre lots. The minimum lot size in the State's Agricultural district is 5 acres whereas the minimum lot size in the State's Rural district is one-half acre. The applicant has stated that the three acre parcel will be subdivided into two residential/agricultural lots. Thus, the requested -2- boundary amendment and subsequent subdivision would be consistent with the permissible uses of the Rural district. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) policies of the General Plan: • Rural -style residential -agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Review and amend land use ordinances and codes to include considerations for rural -style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary amendment request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Rural. The General Plan's Rural designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. The Waimea Landmark Estates, Unit 1 Subdivision, as well as adjacent subdivisions, includes a mix of rural -residential and limited agricultural activities. This boundary request would allow a rural development for residential -agricultural uses that will complement the existing and future residential -agricultural land use patterns of the immediate vicinity. While the property is within the State Land Use Agricultural and County's Agricultural (A -3a) zoned districts, the property is developed and not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for agricultural uses may exist, the soil conditions within the property and surrounding area would make it difficult for sustained agricultural activities from being conducted on the site. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. -3- All utilities and services are available to the property, which are essential to accommodate rural development. Access to the property will be from Waiemi Place, a County road with approximately 20 -foot wide pavement, with grass shoulders, within a 50 -foot wide right-of-way. County water is available to the site. As this area is not serviced by a municipal sewer system, any additional structures will utilize individual wastewater systems approved by the Department of Health. Electrical, telephone and cable services are available to the property. Solid waste generated on the property will be disposed of at the Waimea transfer station located about 4.5 miles east of the property. The closest police, fire and medical facilities are located in Waimea, approximately 7 miles east of the property. The property is in Zone' X", which is an area determined by FEMA to be outside the 500 -year flood plain. However, there is a shallow intermittent watercourse traversing the property. Thus, all essential infrastructure is available to support he requested boundary amendment to the Rural district. Finally, the boundary amendment would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio- cultural advancement - Housing objectives and policies: (a) Planning for the State's socio -cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawai`i's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawai`i's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate -income and gap -group households. -4- (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taldng into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -5- w COUNTY OF HAWAII N��' p ORDINANCE NO. STATE OF 1 AWAIII BILL NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-005:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waimea Landmark Estates Unit 1, Ouh, Waimea, South Kohala, Hawai'i, shall be Rural: Beginning at the northwest comer of this piece of land, being the northeast corner of Lot 7, Waimea Landmark Estates, Unit 1, the coordinates of said point of beginning referred to Government Survey Triangulation Station "TUU PA" being 12,462.08 feet North and 22,938.59 feet West, and running by azimuths measured clockwise from true south: 1. 2730 13' 40" 272.93 fee[ along Government Land; 2. 355° 40' 10" 484.51 feet along Lot 9, Waimea landmark Estates, Unit 1; Thence along the northerly side of Kawaibae Road on a curve to the left having a radius of 603.00 feet, the chord azimuth and distance being: 3. 880 06' 24" 201.92 feet: Thence along the northerly side of Kawaihae Road on a curve to the right having a radius of 25.00 feet, the chord azimuth and distance being: 4. 1170 46' 43" 31.68 feet: Thence along the northeasterly side of Waiemi Place on a curve to the left having a radius of 250.00 feet, the chord azimuth and distance being: 5. 1470 00' 22" 87.54 feet: 6. 1750 40' 10" 418.17 feet along the east side of Lot 7, Waimea Landmark Estates, Unit 1 to the point of beginning and containing an area of 3.000 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: 11. Y CT011111N 71 X7:1 COUNCIL MEMBER, COUNTY OF HAWAII -2- AGRICULTURAL AGRICULTURAL TPK:R=L=OOAM ¢A62M'N 3.000 ACPFB '� vv RM' AGRICULTURAL AGRICULTURAL AGRICULTURAL AGRICULTURAL vyA1EMI PL KAWAIHAE RID AGRICULTURAL AGRICULTURAL AGRICULTURAL AGRICULTURAL I Feet 0 250 500 1,000 1,500 2,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII MAP PREPARED BY: COUNTY OF.HAWAI'I, PLANNING DEPARTMENT RWairmi .doc 4/9/15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WAIEMI LLC CHANGE OF ZONE APPLICATION (REZ 15-000186) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a change of zone from Agricultural- 3 acres (A -3a) to Residential and Agricultural- 1.5 acre (RA -1.5a) for an approximately 3 acre parcel in order to create a 2 -lot residential -agricultural subdivision with two 1.5 -acre lots. The existing dwelling will be incorporated into the rear lot during subdivision design. Upon approval of the request, the applicant plans to build a single-family dwelling on the newly created lot to be used as a rental by the applicant's family or non -family tenants. 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 Application from an Agricultural (A -3a) to Residential and Agricultural (RA -1.5a) zoned district will conform to the following goals, policies and standards of the General Plan. 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 Attachment to: Corton. 308 Bill 53 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 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 Rural. This designation includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component, including the Orchidland Estates, 'Ainaloa, and Hawaiian Paradise Park subdivisions. Typical lot sizes vary from 9,000 - square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The applicant's request for RA -1.5a zoning conforms to the Rural designation in that the proposed 1.5 acre lot size is consistent with lot sizes typically found in rural areas and the surrounding properties consist mainly of residential lots and small farms. The property is not considered important agricultural land as it is unclassified on the ALISH Map and is classified as very poor by the Land Study Bureau, which determines productivity ratings of agricultural lands. The rear portion of the property is improved with a dwelling. The property is not currently being used for agriculture. Land uses in the area are a mix of residential and agricultural uses. Surrounding properties to the west and east within the Waimea Landmark Estates subdivision are similarly zoned A -3a with approximately 3 acre sized lots that are developed with farm dwellings. There is a commercial mulching operation on the adjacent property to the east of the subject property. To the north is a vacant 6,594 -acre property zoned A -40a and across Kawaihae Road to the south is a vacant 158 -acre property zoned A-1 a. The 'Ouli Mutual Self Help -2- Housing subdivision is located about''/. mile to the southeast of the subject property. The proposed change of zone would complement the existing and predominately rural residential land uses in the surrounding area and is consistent with the General Plan designation for the area. As areasthatwere once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawaii Right to Farm Act. Conditions of approval will be included to protect the existing commercial mulching operation on the adjacent property to the east and other agricultural operations in the area from nuisance complaints. Ohana dwellings may be allowed in the proposed State Land Use Rural District and County RA -1.5a zoned district; however, State law limits dwellings in the Rural district to no more than one dwelling per half acre. Should this request be approved, the applicant may normally apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow a two - lot subdivision with one dwelling on each lot, the potential to allow four (4) dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot. All utilities and services are available to the site. Access will be from Waiemi Place, a County road with approximately 20 -foot wide pavement, with grass shoulders, within a 50 -foot wide right-of-way. The State Department of Transportation (DOT) recommends that the existing lot and future proposed lot use the same access driveway. -3- The DOT also recommends a 10 -foot wide "No Vehicle Access and Planting Screen Easement' be established along the property's frontage with State Highway 19 (Waimea- Kawaihae Road). The Department of Public Works (DPW) recommends the driveway approach to Waiemi Place be paved to conform to County Code. The Planning Director concurs with these recommendations. County water is available to the property and an additional water meter can be made available to the proposed lot. The applicant will need to install an additional water service meter to serve the proposed lot. The proposed lot will utilize an individual wastewater treatment system meeting with the approval of the Department of Health. Solid waste will be disposed of at the Waimea transfer station. The subject property is in Zone "X", which is an area determined by FEMA to be outside the 500 -year flood plain. However, according to the DPW, there is a natural shallow intermittent watercourse traversing the property. The DPW recommends the applicant provide a drainage easement for the watercourse to reserve and designate its boundaries on the future proposed subdivision plat. The Director concurs with this recommendation. All development -generated storm r moff will be disposed of on site and not allowed onto adjacent properties or roadways. Police, fire, and emergency services are available nearby in Waimea. All essential utilities are available to the project site. Based on the above findings, approval of this change of zone request from an Agricultural 3 -acre (A -3a) to a Residential and Agricultural -1.5 acre (RA -1.5a) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- CWe .,"Z.&c 4n/15 WAIEMI LLC CHANGE OF ZONE APPLICATION (REZ 15-000186) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Rural District. C. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. E. The subject property is identified as a Formerly Used Defense Site (FUDS) by the U.S. Arany Corps of Engineers, who will manage the investigation, clean-up and long-term monitoring on lands formerly used as an artillery firing range. For more information, please contact Honolulu District Public Affairs, US Army Corps of Engineers 808-835-4004/4002, htto-//www ooh usacearmy.mil/Missions/Environmental/FUDS.aspx or www.poh.usace. armyMil. F. Final Subdivision Approval of the subject property shall be secured within five (5) years from the effective date of this ordinance. The applicant shall show the natural intermittent watercourse that traverses the property and provide a drainage easement on the preliminary and final subdivision plat. G. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. The applicant shall install a County water service fronting the proposed lot prior to Final Subdivision Approval. 1. The existing and future lots shall use the same access driveway to Waiemi Place. This driveway approach to W aiemi Place shall be paved and constructed to conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and County Standard Details R-37 and R-38. J. A ten -foot wide "No Vehicle Access and Planting Screen Easement" shall be established along the Kawaihae Road frontage of the property and shall be shown on the preliminary and final subdivision plat. K. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. L. Any alteration to the natural shallow intermittent watercourse on the property shall conform to Chapter 27, Floodplain Management, of the Hawaii County Code. M. All earthwork (including grubbing) and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. N. The method of sewage disposal shall meet with the requirements of the State Department of Health. O. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the -2- immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. P. 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. Q. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. R. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original 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). Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. -3- COUNTY OF HAWAII 0 ORDINANCE NO. STATE OF HAWAII AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—THREE ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL— ONE ACRE (RA-Ia) AT WAIMEA LANDMARK ESTATES UNIT 1, OULI, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-005:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'L SECTION I. Section 25-8-7, 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 Waimea Landmark Estates Unit I, Ouli, Waimea, South Kohala, Hawai'i, shall be Residential and Agricultural — One Acre (RA -la): Beginning at the northwest comer of this piece of land, being the northeast comer of Lot 7, Waimea Landmark Estates, Unit 1, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 12,462.08 feet North and 22,938.59 feet West, and running by azimuths measured clockwise from true south: I. 2730 13' 40" 272.93 feet along Government Land; 2. 3550 40' 10" 484.51 feet along Lot 9, Waimea Landmark Estates, Unit l; Thence along the northerly side of Kawaihae Road on a curve to the left having a radius of 603.00 feet, the chord azimuth and distance being: 3. 880 06' 24" 201.92 feet: Thence along the northerly side of Kawaihae Road on a curve to the right having a radius of 25.00 feet, the chord azimuth and distance being: 4. 1170 46' 43" 31.68 feet: Thence along the northeasterly side of Waiemi Place on a curve to the left having a radius of 250.00 feet, the chord azimuth and distance being: 5. 1470 00' 22" 87.54 feet: 6. 1750 40' 10" 418.17 feet along the east side of Lot 7, Waimea Landmark Estates, Unit 1 to the point of beginning and containing an area of 3.000 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or -2- (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- EXHIBIT "A" Waieml LLC Map: 1356 A -A A-ypa AGRICUL➢llUL- THREE ACRES(M]eI TO RE9DENTIALANOAGRICUL7URAL-q1E AND ONE4111 ACRES (Rq-t,yl 3.WDACRE9 12JF1 DE'N 139%� W veuvA' A -3a A -3e A -3o A -3a WA(EM( PL KAW_z RD A 3D A -3D A -3a All -la A-10 I` Feel o so0 1,o00 1.500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - THREE ACRES (A -3a) TO RESIDENTIAL AND AGRICULTURAL - ONE AND ONE-HALF ACRES (RA -1.5a) AT WAIMEA LANDMARK ESTATES UNIT I, OULI, WAIMEA, SOUTH KOHALA, HAWAII MAP PREPARED BY. TMK'. (3) 6-2U05:08COUNTY OF HAWAII, PLANNING DEPARTMENT GATE: JANUARY 26, 2015 EXHIBIT "A" Waieml LLC Map: 1356 wAIA Irr% WI r.i.rvil' LL State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural - 3 acre (A -3a) to Residential and Agricultural - 1.5 acre (RA -1.5a) for three acres of land Location Map Location Map with Zoning General Plan LUPAG Map State Land Use Boundary Map Aerial Photo of Property and Surrounding Area The applicant is requesting: c A State Land Use Boundary Amendment from Agricultural to Rural; and c A Change of Zone from Agricultural- minimum lot size of 3 acres (A -3a) to Residential and Agricultural- minimum lot size of 1.5 acres (RA -1.5a) for 3 acres of land. The reason for the request: c+ The boundary amendment and change of zone will allow the subdivision of the property into two 1.5 -acre sized lots. Upon approval of the request, the applicant plans to build a single-family dwelling on the newly crated lot to be used as a rental by the applicant's family or non -family tenants. View of Property looking East View of Kawaihae Road looking South from Waiemi Place A R l l k 1 r' n" D"7CTO R'S ..COMMENDATION Favorable Recommendation for State Land Use Boundary Amendment and Change of Zone Request