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HomeMy WebLinkAboutCOM 0424.000 2014-2016 o+. • � '?,+i,'. Walter K.M.Lau \\!" Managing Director William P.Kenoi *:4' ��=• Mayor .'"It• t. ' • Randall M.Kurohara • Deputy Managing Director County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 August 3, 2015 LP1 CZ)C=> c-) c CD 1 ; Dru Kanuha, Council Chair 3 �a and Members of the County Council N >rn County of Hawai`i , D 25 Aupuni Street `0 = Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 15-000187) Applicant: Charles E. Lipps,Jr. & Janet S. Lipps Trust Request: A-3a tp A-la Tax Map Key: 7-5-024:078 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, • WILLIAM P. KENOI Mayor MTransCouncilLippsREZ 15-187 Enclosures cc: Planning Department < Vs 11 —1 Comm. No. 1102-11 Ref. To: PG Ref. Date, AUG 0 4 2015 County of Hawaii is an Equal Opportunity Provider and Employer. . .,,;:y�/:•': -Amor ., ..___-_:g .-,..0...‘ _. County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 A G G 3 2015 Phone(808)961-8288 • Fax(808)961-8742 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 15-000187) Applicant: Charles E. Lipps,Jr. &Janet S. Lipps Trust Request: A-3a to A-la Tax Map Key: 7-5-024:078 The Leeward Planning Commission, at its duly held public hearing on July 16, 2015, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural-3 acre(A-3a)to a Family Agricultural-1 acre(FA-1a)zoning district for approximately 3.039 acres of land located on Hiona Street approximately 1,000 feet west of its intersection with Mamalahoa Highway, Keopu 3rd,North Kona, Hawai`i. The Planning Director had recommended that the Commission forward an unfavorable recommendation on the request to the County Council. The Commission, however, after review of the entire record,voted to forward a favorable recommendation of the request to the County Council. We are enclosing copies of the Background Report, the Planning Director's unfavorable recommendation, the Leeward Planning Commission's favorable Recommendation, Powerpoint presentation, draft bill, and the transcripts of the June 18, 2015 and July 16, 2015 hearings for your information. Sincerely, '...k.T.,..,C3 l ,__,(--------... . Brandi K. Beaudet, Chairman Leeward Planning Commission LLippsREZ 15-1871pc2 Enclosures cc: Charles E. Lipps, Jr. &Janet S. Lipps Trust William Brilhante, Esq., Corporation Counsel Hawai`i County is an Equal Opportunity Provider and Employer BLipps-REZ15-187.crk 06-5-15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CHARLES E. LIPPS,JR.AND JANET S. LIPPS TRUST CHANGE OF ZONE APPLICATION (REZ 15-000187) CHARLES E. LIPPS,JR. AND JANET S. LIPPS TRUST has submitted an application for a Change of Zone from an Agricultural-3 acre (A-3a) to a Family Agricultural-1 acre(FA-la) zoning district for approximately 3.039 acres of land. The property is located on Hiona Street, approximately 1,000 feet west of its intersection with Mamalahoa Highway, Keopu 3`d,North Kona, Hawai`i, TMK: 7-5-024:078. PROPOSED ACTION 1. Request: The applicant is requesting a change of zone from an Agricultural 3-acre (A-3 a) zoning district to a Family Agricultural 1-acre(FA-1a) zoning district for or approximately 3.039 acres of land. According to the Zoning Code, the purpose of the Family Agricultural district is to provide for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA zoning district is intended to be in areas designated as being within the State land use Agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime,unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the General Plan land use pattern allocation guide (LUPAG) map. Re: Bill 79 (Com. 424) -1- Requirements for establishing a land use in the FA district, including a list of the variety of permitted land uses, are shown in Section 25-5-60 to 67 of the Zoning Code. (P.D. Exhibit 1-Zoning Code Requirements for Family Agricultural Districts) 2. Reason for the Request: The applicant is requesting the change of zone in order to subdivide the property into two lots (1.565 acres and 1.474 acres in size), with the makai, 1.565-acre lot to be conveyed to the applicant's daughter so that she can build a residence. The applicant plans to submit subdivision plans within 30 days of approval of the change of zone. (P.D. Exhibit 2 - Change of Zone Application) 3. Landowners: Charles E. Lipps, Jr. and Janet S. Lipps Trust STATE AND COUNTY PLANS 4. State Land Use Designation: Agricultural 5. General Plan LUPAG Map: Important Agricultural Land(IAL). Important agricultural lands are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Important agricultural lands were determined by including the following lands: • Lands identified as "Intensive Agriculture"on the 1989 General Plan Land Use Pattern Allocation Guide maps. • Lands identified in the Agricultural Lands of Importance to the State of Hawai`i (ALISH) classification system as "Prime" or"Unique". • Lands classified by the Land Study Bureau's Soil Survey Report as Class B "Good" soils. (There are no Class A lands on the island of Hawaii) • Lands classified as at least"fair" for two or more crops, on an irrigated basis, by the USDA Natural Resource Conservation Service's study of suitability for various crops. • In North and South Kona, the"coffee belt", a continuous band defined by elevation., according to input from area farmers. (Emphasis added) • State agricultural parks. 6. State and County Agricultural Studies: The General Plan discusses the importance of limiting changes of zone on important agricultural lands to parcels large enough to support economically viable farming units and to protect important agricultural lands in -2- the Kona"coffee belt" area, given the agricultural and more specifically, coffee industry's importance to the area's economic health. The State Department of Agriculture and University of Hawai`i College of Tropical Agriculture and Human Resources (CTHAR)have conducted economic studies analyzing the Kona coffee industry, which have identified trends in the size of coffee farms, and how farm size relates to commercial economic viability. In addition, the County of Hawai`i department of Research and Development commissioned a study of the County's food self- sufficiency. Findings from these studies can be found below: • Hawai`i's Coffee Industry: Structural Change and Its Effects on Farm Operations,Hawaii Department of Agriculture (2006) - Under the heading. "Industry future trend", this study found: "...recent growth in large estate farms outside of the Kona region as well as the increasing average farm size in the Kona region indicate that scale economies—a situation in which per unit production cost falls as production scale rises—effects are at work. The average farm size on the Big Island expanded from 2.9 acres in 1981 to approximately 5.2 acres by 2003 (Figure 6). An average farm in the North and South Kona region was 5.4 acres in 2003. "(http:iAidoa.hawaii.gowitp-contenduploads/2013/O1/CotTee-industrv- structural-change-FINAL.pdt) • The Economics of Coffee Production in Hawaii, CTAHR(2014)–Under the heading"Summary of Acreage and Total Sales", this study found: "The majority of coffee farms are generally small, with sales of less than $10,000, and thus are classified by the USDA as non-commercial farms (Hoppe et al. 2010). The average sales of these farms are$3,273 per year (Table 4) and comprise 60%of all farms; however, they only make up 6.7%of total coffee sales for all of Hawai`i. The average size of these farms is 1.67 acres, and in aggregate they make up 13%of total acreage of all farms. Small commercial farms, which maintain sales from $10,000 to $250,000, are the next largest group, and account for 38% of farms. Within this range,farm sales accounted for 44% of total sales for Hawai`i, averaging $33,882 for the year. Their average size was 5.8 acres, with a 28%share of total land for coffee in Hawai`i. " (http:dtiruw.ctahr.hamaii.ediaoclfreepubs/pdf/E1-25.pdf) -3- • Hawai`i County Food Self-Sufficiency Baseline, Hawaii County Department of Research and Development(2012)—Under the North and South Kona Agricultural Production section, the study indicates: "Kona Coffee is the defining crop for much of the Kona district. It has a global identity and the distinction of being one of the world's most expensive coffee varieties. Most of Kona's coffee is grown on five to ten acre parcels in what is referred to as the Kona Coffee Belt...Over the last 10 years there has been a significant amount of new coffee planted in the Kona area, much of it in fields of 20 or more acres. "(No web link available) 7. County Zoning: Agricultural-minimum lot size of 3-acres (A-3a). 8. Kona Community Development Plan (KCDP): The Kona Community Development Plan, adopted by the Hawai`i County Council by Ordinance No. 08-131 on September 25, 2008, identifies the subject property as being located outside the designated Kona CDP Urban Area or Rural Town Transit Oriented Development(TOD) area, or any infrastructural concurrency zones. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The applicants are requesting to rezone a 3.039 acre parcel which is roughly rectangular in shape and entirely fronts Hiona Street. The property slopes from east to west with an approximate 100—foot drop in elevation. According to the applicants, there are approximately 10,000 square feet of avocado, guava, pineapples, lemons, limes and grapefruit being grown on the property. In addition,there are two existing structures on the parcel; the applicant's residence, which was built in 2007 with Building Permit No. B2006-0226K located on the mauka side of the property and a detached craft room, covered lanai, and workshop connected by a carport built in 2011 with Building Permit B2011-0802K, on the middle to lower portion of the property, which would become part of the 1.565-acre makai parcel to be conveyed to the applicant's daughter. 10. Surrounding Zoning and Land Uses: Immediately surrounding properties are zoned A-3a and A-5a and consist of lots ranging in size from .5 to 3 acres, which contain residences, small farms/orchards, and vacant lots. The land where the subject parcel is located (56.121 acres) was rezoned from A-5a to A-3a in 1972, and the subject parcel -4- was created via a 3-lot subdivision in 1989. In addition, a 6.069-acre property located about 240 feet to the south east of the subject property was rezoned from A-5a to FA-3a in 2004. 11. Agricultural Lands of Importance to the State of Hawaii (ALISH): Other and Unclassified. 12. Land Study Bureau's Detailed Land Classification System: C or"Fair" and E or "Very Poor". 13. U.S.D.A. Soil Survey: Honuaulu Series (OSD) - 10-20% slope; permeability is moderately rapid, runoff is low to moderate and the erosion hazard is slight. This soil type is used primarily for grazing and orchards. 14. Flood Zone: The property is located in Zone X, an area determined by FEMA to be outside the 500-year flood plain. 15. Flora/Fauna Resources: No professional surveys were conducted of the site,however no threatened or endangered plant or animal species have been observed on the property by the applicants due to previous use of the property for residential purposes. Flora on the property consists of lawn areas, fruit trees, and ornamental landscaping. 16. ArchaeologicaUHistorical Resources: A formal archaeological survey was not conducted because the property has been used residential purposes by the applicant since 2006. In a letter dated April 6, 2015,the Department of Land and Natural Resources Historic Preservation Division(DLNR-SHPD) determined that no historic properties would be affected by the change of zoning. 17. 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. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the property is from Hiona Street, which is a County roadway with an existing lane pavement width of approximately 23 feet, with 18-foot paved shoulders, within an approximately 60 foot wide right-of-way fronting the property. There are two -5- driveways off of Hiona Street accessing the upper and lower portions of the property. 20. Water: According to the Department of Water Supply, county water can be made available to the property from an 8-inch waterline within Hiona Street fronting the property. There is a 5/8-inch water meter that serves the existing dwelling on the parcel, which is limited to an average daily usage of 400 gallons and suitable for only one single- family dwelling. The applicant will need to install an additional service lateral and 5/8" water meter to serve the new proposed lot. 21. Wastewater: County sewer service is not available in the area. The applicant will need to install a new individual wastewater system to serve any new dwellings. 22. Solid Waste: The nearest solid waste transfer station is located in Kailua Kona. 23. Essential Utilities and Services: Electricity and telephone services are available to the property. Police, fire and medical services are available in Kailua-Kona. AGENCIES' AND ORGANIZATIONS' COMMENTS 24. Department of Public Works: P.D. Exhibit 3—March 20, 2015 memo 25. Department of Water Supply: P.D. Exhibit 4—April 13, 2015 letter 26. DLNR-State Historic Preservation Division: PD Exhibit 5—April 6, 2015 Letter AGENCIES -NO COMMENTS/CONCERNS 27. Fire Department, Police Department, DLNR- Land Division, State Department of Health, State Department of Transportation. AGENCIES -NO RESPONSE 28. Department of Environmental Management, DLNR—Engineering Division, Department • of Public Works—Building Division, State Department of Agriculture, Real Property Tax Office. PUBLIC COMMENTS 29. P.D. Exhibit 6—March 30, 2015 letter in opposition from Vera Zwick 30. P.D. Exhibit 7—May 7, 2015 letter in opposition from Ole K.Whither 31. P.D. Exhibit 8—May 22, 2015 letters of support from surrounding neighbors APPLICANT'S RESPONSE TO PUBLIC COMMENTS 31. P.D. Exhibit 9—April 21, 2015 letter in response to Zwick opposition letter 32. P.D. Exhibit 10—June 4,2015 letter in response to Winther opposition letter -6- § 25-5-57 HAWAII COUNTY CODE 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 construction 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 ohana 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.) Division 6.FA,Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA(family agricultural)district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition,this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime,unique, or other important agricultural lands.Provided,that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide(LUPAG)map. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA" followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-1a means a family agricultural district with a minimum building site area of one acre. (1996,Ord.No.96-160,sec.2;ratified April 6, 1999.) Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing,shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities,where none of the recreational features are entirely enclosed in a building. SUPP. 7 (1-2009) 25-58 x qr-rfl D pt. £ � F Ir'^1 ZONING §25-5-62 (7) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings,as permitted under section 25-5-67(b)and(c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures,necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies,and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations,as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation,and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA 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 FA district,provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments,as permitted under section 25-4-7. (3) Community buildings,as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations,as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes,as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices,as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205,Hawai`i Revised Statutes. (d) The following uses may be permitted in the FA district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments,as permitted under section 25-4-7. (2) Churches,temples and synagogues. (3) Crematoriums, funeral homes, funeral services,and mortuaries. (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. 25-59 SUPP. 18 (7-2014) § 25-5-62 HAWAI`I COUNTY CODE (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996,Ord.No. 96-160,sec. 2;ratified and amended April 6, 1999;Am.2008,Ord.No. 08-155,sec. 12;Am. 2010,Ord.No. 10-17,sec. 5;Am.2012,Ord.No. 12-28,sec. 8; Ord.No. 12-124,sec.7;Am.2014,Ord.No. 14-86,sec. 8.) Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional 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 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting,odor,vector and air and water quality impacts. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district.A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. SUPP. 18 (7-2014) 25-60 ZONING §25-5-67 (d) An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards,may be approved by the director within a planned unit development. (f) Plan approval shall be required prior to the construction 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. (1996,Ord.No. 96-160,sec.2;ratified April 6, 1999.) Division 7.A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A(agricultural)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. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing,major and minor. (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) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities,where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code. (9) Crop production. (10) Dwelling, single-family,as permitted under chapter 205,Hawai`i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings,as permitted under section 25-5-77(b)and(c). (12) Fertilizer yards utilizing only manure and soil,for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. 25-61 SUPP. 7 (1-2009) Change of Zoning Application Submitted to County of Hawaii Planning Department Applicant(s): Charles E. Lipps, Jr. & Janet S. Lipps Trust Property Location: 75-938 Hiona Street Holualoa, Hawaii 96725 TMK: � -a 3-7-5-024-078 Current County Zoning A-3a Lot Area 3 .039 acres FL-trtning Dri.ft • Statement of Objective - Reason for Request When we built our home on this three acre property in 2006, our three teenage children were living with us. They are now all adults and living elsewhere. Our two oldest children (Sarah & Brandon) still live in Kona. Both now have families of their own. Through them and others, we see how expensive rental properties can be and how difficult it is for young families to make ends meet and then try to save the 20% deposit banks require to buy a home. There is plenty of space for a second home on our property. If approval is granted to change the zoning from A-3a to the requested FA-la, we could then secure a home mortgage loan (for the newly created parcel) and make home ownership possible for our daughter (Sarah), her husband (Derek) and our grandson (Ryder). We believe our desire to create a second parcel for a family member meets the intent of Hawaii County Policy LU-3.8 which states "the zoning allows only a small number of additional lots, consistent in scale with the transfer of lots to family members". While our street (Hiona) is often referred to as Keopu Heights, our parcel (along with two other mauka properties) are not part of the Keopu Heights Neighborhood Association (KHNA), nor are we legally required to abide by any of their CCR's. Respectfully submitted, aa-44 4-.9,-. Charles E. Lipps, Jr. Janet S. Lipps A. Subject Request Details of Proposed Use / Development: a. project description - see attachments. b. statement of objectives - please see previous page for explanation. c. number of acres - 3.039 acres. d. proposed number of lots - two (2). e. timeframe and cost - see attached application. f. membership size, number of employee's and clientele - not applicable. g. parking arrangement - plenty of on and off street parking - not applicable. h. traffic impacts - dead end street / quiet neighborhood - not applicable. i. other related information - not applicable. j. proposed on-site and off-site infrastructure - not applicable. B. Conformance With State / County Plans ➢ State land use designation - agricultural. ➢ This parcel is 1,460' above sea level - not in coastal zone (CZM). ➢ Applicable goals / policies and objectives of the General Plan - see Hawaii County Policy LU-3.8 ➢ General Plan designation - see attachment. ➢ Zoning: A-3a ➢ Community Development Plan - not applicable. See Hawaii County Policy LU-3.8 ➢ Special Management Area - This parcel is 1,460' above sea level and outside SMA. C. Physical Characteristics & Environmental Setting of the Property & Surrounding Area ➢ Description of property - This property is located on Hiona Street in Holualoa and often referred to as the Keopu area. The property is sloping and the climate is near perfect . This property is located on a dead-end street with very little traffic and plenty of open space between neighbors. ➢ Lava Hazard Zone: 4 ➢ Distance from coastline - 2.576 miles. See attachment for longitude and latitude. ➢ ALISH Designation - see attachment. ➢ USDA Soil Service Report Type - C&E. See attachment. ➢ Land Study Bureau soil rating - C&E. See attachment. ➢ FIRM Designation - This parcel is 1,460' above sea level and is considered outside flood zone, according to DPW-Engineering Division. ➢ Existing drainage ways or improvements: At one point in the 1980's, we are told that Hiona Street suffered extensive storm water damage as a result of mauka developments. A new, large concrete storm water raceway was constructed and the street expanded. No new drainage problems have been reported in almost 30 years. C. Physical Characteristics&Environmental Setting of the Property&Surrounding Area-continued ➢ Air / noise / water quality: The air quality is consistent with other areas in Kona. There is no industrial businesses in the area. The area is considered quiet and the water quality excellent. Historical Resources: No knowledge or record of any previous or existing archaeological, cultural or historical sites anywhere on or near this parcel. Natural Resources: No knowledge or record of any previous or existing endangered species on this parcel. Charles & Janet Lipps have spent a considerable amount of time and resources over the past eight (8) years improving the natural landscape of this parcel. Over one thousand decorative plants have been added. They include ornamental, native and exotic plants along with various fruit trees. Much care is given to these plants. Invasive species (when discovered) are removed. This parcel is located at 1,460 above sea level, approximately directly mauka of the pier (in town below) and provides a beautiful coastal view (approximately fifteen miles of coastline). Valued Cultural Resources: No knowledge or record of any previous or existing cultural resources on this parcel. Public Access: No knowledge of any previous or existing public access areas on or near this parcel. Social-Economic Characteristics: As of the census of 2000, there were 6,107 people, 2,383 households, and 1,560 families residing in the Holualoa. The population density was 431.6 people per square mile. There were 3,330 housing units at an average density of 235.3 per square mile. The racial makeup of Holualoa is diverse. There were 2,383 households out of which 26.5% had children under the age of 18 living with them, 51.9% were married couples living together, 8.9% had a female householder with no husband present, and 34.5% were non-families. 23.8% of all households were made up of individuals and 6.4% had someone living alone who was 65 years of age or older. The average household size was 2.56 and the average family size was 3.01.. The median income for a household in Holualoa was $50,492, and the median income for a family was $52,193. The largest economic resource in Holualoa is believed to be coffee. Land values in Holualoa are estimated between $350,000 - $6,000,000. Surrounding Lands: The land use in this area is primarily zoned agricultural. Many property owners grow some form of fruit, vegetable or coffee. There are coffee shacks in the same close vicinity as multi- million dollar homes. Many people (including us) feel this is part of the charm of Holualoa (unlike gated, resort developments). D. Public Facilities & Services ➢ Subject parcel enjoys approximately 750' of road frontage on Hiona Street. ➢ Hiona Street is a paved, County owned street. ➢ Hiona Street utilities are all underground. ➢ Almost all of Hiona Street is approximately four lanes (42') wide. It is the widest section of paved County road within miles of any direction. This is a result of the road being reconstructed and expanded after the storm water drainage damage in the 1980's. ➢ Public water - available at street. ➢ Sewage / solid waste disposal - Current residence on cesspool. New residence would be on septic system (if required by state / county). ➢ Police and fire protection - yes / both. Fire hydrant(s) at street. ➢ Schools - K thru 12 public schools all within five (5) miles + private school options. ➢ Parks - Holualoa is not known for it's parks. ➢ Utilities - Electric (HELCO), cable / phone / internet (via Hawaiian Telcom / Oceanic Time Warner) all available at street. E. Environmental Assessment & Analysis This parcel on Hiona Street in Holualoa is in a residential area (Keopu Heights Neighborhood Association). The 3.039 acre parcel we are requesting be divided and zoned FA-la has already been developed. We would just like to build a second home where there is now cut grass. Prior to development, the parcel was overgrown with cane grass. Feral pigs were also a problem and remain so in other close-by lots overgrown with cane grass. There is no "alternative to the proposed development". The property will remain as-is with no further improvements made. There are no "irreversible or irretrievable commitments of natural resources that would be involved if proposed action is implemented". F. Agencies - Comments We have contacted numerous state and county agencies concerning this zoning application and spent hundreds of hours preparing this submittal. Some of the state and county related comments and correspondence are included. ➢ All the needed public utilities are already in place and available at the street. ➢ Police and fire protection along with mail delivery are already provided. ➢ The Owner's property taxes are paid and current (see attachment). ➢ There are no historical, natural or valued cultural resources recorded or associated with this parcel. Based on current property taxes associated with this parcel, the County could expect to net an additional $3,000 - $4,000 per year (in property taxes), if this zoning request is approved and a new home is built for a family member. .,t} CHANGE OF ZONE APPLICATION 715 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT Cr/Aeccs �. z�.=��, T,e_ .7/141es. 1-cr�r s APPLICANT'S SIGNATUREDATE ADDRESS '75- 13g /11°d" 'Cr' if""'ert; /,<,au/ 96/25 LIST APPLICANT'S INTEREST IF NOT OWNER *4 LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A PHONE:(Bus ) N/A (Res.) 401 (Fax) A/i4 LANDOWNER(S): lms, jQ-- SAA:?r s �<:�'s 772 'sr LANDOWNER SIGNATURE(S): ' E / " DATE 0I'2�"A �(tv9av 11e--b\ elver _ ) LANDOWNER(S) ADDRESS: 15--939 /{'C'i/.+ Sr /4(44#A4414/ 114"."" 9'6125- REQUEST '6 ?ZSREQUEST: ASa. TO FA - L (F� stint zoning) (Prnt),),,eLl /offing) TAX MAP KEY 3-1 - s- az' - 076 STREET ADDRESS OF PROPERTY 75- 93 t'w.a Sr. t''A 1 ,LMWA 1' el4 72 5 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: -•©3 3 �� AGENT. ADDRESS: '//A TELEPHONE (Bus.) 32- /- e/'8 (Res ) 31/5--55-3 (Fax) - `26 - 1/7-38 Please indicate to whom original correspondence and copies should be sent. ORIGINAL 614,ecE.s c. L • COPIES. • ATTACHMENT Agricu]turalR ezoning PLANNING DEPARTMENT COUNTY OF HAW All APPLIEATIDN FOR CHANGE OF ZONE Ifyourrequestis approved,do you intend to subdivide the subtct lend accordance w ih the approved change ofzone? VES Ifyes,phase answerthe restofquestion 1 and then to question 3. a. How m any acres ofthe requested area do you intend to subdivtle? ALL OF /T - 0_3(1/We b. Into whatlotsizes? b r C- Z - 1,51S,feRc: c. Ifyourrequestis approved,approxmn ate.ty how long alter the L�f G Z 1°y�� ���� data ofapprovaldo you expectto subm ityoursubdivision plans to the Planning D epartm entforprelin anary approval? 30 bAY3S' i. Do you intend to bulb houses on the newly created lots? VCS Ifyes,phase answerthe follow ing questbns: 0 n how m any ofthose lots? ©ATF Atw hatapproxim at pace range? House 44100,�� Lot 4'250,,Oct) • Total /S0,CVO• Approxin ately how long,afarapprovalofthe subdivision, woul the fiGthouse be ava.ilablo foroccupancy? 04f6 v6--,hc If you intend to subdivide,phase subm ita pre]in'nary schem atic subdivision plan togetherwith yourchange of zone application ✓ ism . 2. If you have no firm plans ofsubdivivlilg the subctarea, do you intend lb: a. Sellorbase the land to som eone who has firm plans? b. Sellorease the land to som eone who has tentative plans? - Seltorbase the land to som eone who has no plans? - d. Keep e. 0 ther ease state) P.O.? 5/84 • f. Ifyou intend to do eithera, b,c,phase elaborate on the kind ofplans the otherparty has. P Kase, also ,include in your answerappmxin ately how soon afler_appmvalofyourrezoning do you exTpectto transferthe subctland to anotherparly. kVA 3. Do you think thatyourrequestand yourfu.rtherplans forte :land w iIlalhviate the bcalhousi?g swat on? YES FEz eAhit1 a . /i.' /.41& THIS Lor /Ali() •Wit' How ? i niiew c)w A/avG=// R r ,`rEe FAM/C ✓ 0-1°S.S")✓0 -4)66 LER, 'TG GAJ fwd/), `T/7E-/,e /fZ'OS/a•'6 7 ) Plaille tt Ale,e'S P Et. 'Tu iS CL)Ajr s rFniT 111/17T Pc2Lic,it' 4.0-3.15.- d.1 774A T STA- ' T/ .eE24;41/.4.)4: AUCte.f mnlc y A dMRLc .v'anFlEP D�Abbi ricAat �t ;S CoA Sid"r'; Sefr1Z 10/r/i / .-Q Ek'. TD fA M e t Are there any buildings on the subctariaa? ✓gY. C7N PRePOSCO 10 E-2 /5' Ot/R_ ;'ES/DEAE / Ifso, whatkind? - el/4 r PEAS eJ L c T c-i. /S A-Ne Ti e/tt S7?2.Jr.ARE i4'URKS'/,Opp ,S"rVoio ' Srzy=2/tee eii- fc' 'e it clit2At "24779 ect.///e/iNgAd W hatdo you intend to do with those buil:11-1gs ifyourrequestis approved? ted'r C-2 •7 RL/,1/4/,c/ R-5 it . I r C- .2 cue 04 6 rtA-ti A AiE 1.41 SEP/1 1ZiF're Re-S/6 et/Ge 5. Is the sub actland cunhndy being used brany agrxulfuralactuity? d/Es. Ifso,phase ltstthe kinds ofpmducts grown and on how m any square .Ceetoracres of.snd perpmduct j�h jbL' i5 Cilc/t.�?2-✓ 6-p_ottiAl beCz t A V -AL c. 6-41AVA ) Pi/✓EA k-VN_E ' , LE' 4OA/S, G/M FSi 6ieA ri QP/A/e-e - '7"C 3'Jew op A'FvwtX- A0,000 -SQ• 6. W as yours questtb albw forthe creatbn ofsm albragrtcultural bts? Al© Ifso, db yourplan include the folbwing consi-teratbns? a. Com m odt' to he produced? W hat kids ofcom m odiy? b. S uitabiliy ofthe proposed bt-sine trthatcom m odity? c. Suffcivntfarm size ID albw reasonable chance ofsuccess it com m e rcla la g rbu ltu m? -2- d. Agrdulturalbases orother forn s of assurance thatpotenbal buyers orlvases would putthe sub ctarea int) some form of agr :u]turaluse? Phase state the proposed type ofarrangem ent Phase subm ityouragricullamlp]ans ibrthe subctarea and presentevthence ofconstleratbn ofthe above requirem ents tegether with yourrquestfora change of zone. Ifyou do notintend to subdivide the subct1and ibrsom e sortof agrrulturalpulpose,phase state yourother masons. ` Ve5 "rR/f '..s•tC/e OF ,VEA,/z. Giz6,9rEo LOT tC-1) 'TV FA/011-V /14 13 eekl-Ci.s•TEAte- w'; ke L U - f' -.Z To yourknow bdge,has there been any fboding and/ordranage pmblsm on the subctarea? /V0 ICso,phase descrbe the pmbbm . o. Do you think thatthe mads ibadilg to the sub-ctarea needs in prnvem ents? ND Itso, w haticid? is the mad adequate ftrthe proposed trdffc volim e or bad? ADTQiJA7 9. W hatsortofgovernm entalassistance and/orin pmvem ents do you bel.w iIl be needed n the subctama when developed? Yes No a. Schools b. Roads c Sewer 'Z d. D ravage - -3- Yes No e. P olhe P ratPcibn x i. Fire P rmtection >` 9 Recr_eadonalFaciliths - X h. P ub It U tslii s X Other For those checked "yes",phase e3aborate w hattype or kinds of in pmvem ents and/orassistance are needed. S i�natur�: dMg,4� Q.- P/ • Address: 75-938 ii/DIA sr. /yoz.c tz)A 1 / z -9 725 Telhphone: gOe • 3q-c- Scg Date: Or- 26 - �5 -9- Roundcube Webmail :: FW: 1 scan & Rezoning TMK: 7-5-24: 78 Page 1 of 3 Subject FW: 1 scan & Rezoning TMK: 7-5-24: 78 From Lucero, Earl <Earl.Lucero@hawaiicounty.gov> T+'JJfa U.I.J60 To Miriam <miriam@lippsandson.com> Cc Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Date 09/11/2014 09:42 • lavazoneinfo.pdf (148 KB) To: Miriam @ Charles Lipps & Son, General Contractor (ph: 329-8148) (email address: miriam@ilippsandson.com) Your Phone Inquiry (9/10/14) (8:16 - 9:10 am) re: questions on a rezoning application for: TMK: 7-5-24: 78. Aloha Miriam: Thank you for your phone call yesterday morning. Below is the follow-up to our phone discussion; as discussed, you're currently working on completing a rezoning application to reclassify parcel 78 from county A-3a zoning to an ag type one-acre zoning: • or FA-la (Family Agricultural-l_acre zoning) We discussed your questions on how to locate information to answer a number of the rezoning application criteria (e.g., our phone discussion covered: items #5 & 6; C. 10, 14, 15, 16, 17, 18, 19, & 20). On the below two matters is the follow-up information I offered to provide: • how to locate the lava hazard zone for par. 78; and, • what is par. 78's Land Study Bureau soil rating? • TMK: 7-5-24: 78 (lot area: 3.039 acs.) Hiona Subd. (?), Keopu 3d, N. Kona • County Zoning: A-3a & State Land Use: Agricultural • Haw. County General Plan: future land use designated for IM. https://box664.bluehost.com:2096/cpsess6934757772/3rdparty/roundcube/?_task=mail&_a... 9/11/2014 Roundcube Webmail :: FW: 1 scan & Rezoning TMK: 7-5-24: 78 Page 2 of 3 (Important Agricultural Lands) • Land Study Bureau Soil Rating: C & E Soil Rating Parcel 78's soli rating is listed above; this data was obtained in-house from the county Planning Department's GIS data program. 'To Locate: Lava Hazard Zones — Hawaii Island' (2 pgs.) Please open & see the above scan attachment; the first page is self- explanatory; the second page lists local contact phone & email information for the Hawaiian Volcano Observatory (HVO) - U.S. Geological Service (USGS). Contact Info: State of Haw. — Dept. of Land & Natural Resources (DLNR) - State Historic Preservation Division (SHPD1 Additionally, you informed me that the initial contact information I provided earlier for SHPD staff on the Big Island appears to no longer be current; however, the cell phone # to Theresa Donham allowed you to leave a message. For DLNR-SHPD, try accessing the below web page: . www.dlnr.hawaii.gov/shpd/contact/ • Scroll down to: 'ARCHAEOLOGY' See the contact information listed for: • Theresa K Donha_m, M.A. — Archaeological Branch Chief & • Mike rVitousek, M.A. — Haw.-Lead Archaeologist According to the SHPD web page information, with their respective contact information these are the two SHPD archaeologists on the Big Island: it looks like Donham is assigned to Hilo and Vitousek is assigned to Kona. And I can only assume it may be current information. https://box664.bluehost.com:2096/cpsess6934757772/3rdparty/roundcube/?_task=mail&_a... 9/11/2014 Roundcube Webmail :: FW: 1 scan & Rezoning TMK: 7-5-24: 78 Page 3 of 3 On this page, please see the right-hand column; it lists the contact information for SHPD's main office in Honolulu: for current information on SHPD's operations on Hawaii Island; for questions pertaining to archaeological or historic resource matters; and, if you're unable to reach Donham or Vitousek, please contact SHPD's Honolulu office. Earl M. Lucero Staff Planner County of Haw. Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Ph: (808) 961-8160 (direct line) Ph: (808) 961-8288 (office) https://box664.bluehost.com:2096/cpsess6934757772/3rdparty/roundcube/?_task=mail&_a... 9/11/2014 a ..,Q,/� TTM 1f C� `o z -'s. x 3�' sl I c �o, r z:E y7.; ,moi =<I >� is Y f uo„.fib i Q I k471,a.4.a1404, q I le iNs • •ry e.N.° as r-A a,4--... ...5,...5,.., /tea• , f rt 1 � a I `,o�� _` s` s I1 4 / I ,,,,....„,..st.i --' r_DTe.ep"I i V t t0+ 12,501.62 k. ` II(}SAS*Dq,oc 4. 4 0 2 L. ti A 'kauta.Lo'.6 +� C N i. 'y .�'•'-���2' ( Q 70 �� U } yr a. tp ` rG7?,".b_ q in r Q •rear i tj•�.oG '� 2 f n G ,6rs C. 1 8 01:ti ` L I r — __K.1,o�0.0o 21 0—••--I-- - -St 1 — m o 1u 'Q m A 1 \'J - > i1 In I0 >n $ n k� 1 1 ! HhI; tr, • at• it._i _- 2; Ise it'—I92.it I F Y 1C.fl.OS-o.e� \6(•ft••�132.Id, F p� 0 T ! I 3 I ' 12.tee.D2 H 1 A m ! 10' ") Q tuuario cam' ti ' x 0 I I. t II. t4 M '4Ig ; tQI 1 8i,I I ? 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A z:.4•'0.'1" ------- ./ I', ---.----- ' '•..,„ - -'• ' L -...' 0 0 E o , E 1! , §1 , , 0 I 1 . 1 ., ,.,.. 0 n 14 ,' f.-4,44qa I , '-,. .-.• . ,. , -- ---, -- 0.- ,--,-, Z1. 4 LI Z I--- •1,- • , z N • .A. - ' .-1,.J N, 0 C .--- 03 ... 0 , 0 0 u, 14 ':•) C to 7 , 0 0_ es\ Vk G ._ q 1 _ , .,..1'. 1 St'i tl -,1 .s. ---_ ..! , , ,'.• ::'--z" FF 1-, , ? , rl E0 1 ' • #18655 LOT C PROPOSED CHANGE OF ZONE FOR LOT C Land situated on the Southerly side of Hiona Street at Keopu 3rd, North Kona, Island and County of Hawaii, State of Hawaii. Being a portion of: Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu. Beginning at a nail in AC pavement at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot B and being a point on the Southerly side of Hiona Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 12,188.32 feet North and 9,110.49 feet East and running by azimuths measured clockwise from True South: 1. 331 ° 11' 192.14 feet along Lot B and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; 2. 64° 17' 266.82 feet along Lot C and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; 3. 72° 29' 471.75 feet along Lot D, Parcel 019 of TMK: 3/7-5-024 and Royal Patent 3998, Land Commission Award 7345 to Kahualaalaau and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; Thence, for the next three (3) courses following along Road Lot F: #18655 Page 1 of 2 WES THOMAS ASSOCIATES -Land Surveyors- 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #18655 LOT C Thence, from a tangent azimuth of 161 ° 57' following on a curve to the left with a radius of 1,025.00 feet, the chord azimuth and distance being: 4. 160° 30' 51.88 feet to a rebar in concrete (found); 5. 159° 03' 93.28 feet to a point; Thence, following on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 6. 204° 03' 28.28 feet to a spike in concrete (found); 7. 249° 03' 411.35 feet along the Southerly side of Hiona Street to a point; Thence, following along the Southerly side of Hiona Street on a curve to the left with a radius of 2,030.00 feet, the chord azimuth and distance being: 8. 245° 07' 278.50 feet to the point of beginning and containing an area of 3.039 Acres. y5(p..- T. 7- WES THOMAS ASSOCIATES T� LICENSED �\3 G PROFESSIONAL 1� LAND / J, / * SURVEYOR No. 433, / '� Chrystal Thomas Yamasaki ti / Licensed Professional Land Surveyor ��'All, SSP State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-5-024: 078 (3rd Division) October 24, 2014 #18655 Page 2 of 2 WES THOMAS ASSOCIATES —Land Surveyors— 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 KOHALA 9to MAUNA KEA 8 0 0 F , 01. v ��'n I°talLES 0 10 KILOMETERS Volcanic Hazards in Hawai'i Page 1 of 1 ZUSGS „. sciamcae far changing world Hazard Zones for Lava Flows on the Island of Hawai'i Hazard zones from lava flows on the Island of Hawai'i are based chiefly on the location and frequency of historic and prehistoric eruptions and the topography of the volcanoes.Scientists have prepared a map that divides the five volcanoes of the Island of Hawaii into zones that are ranked from 1 through 9 based on the relative likelihood of coverage by lava flows. Percentage of Percentage of Zone area covered by area covered by Explanation lava since 1800 lava in last 750 years Includes the summits and rift zones of 1 greater than 25 greater than 65 Kilauea and Mauna Loa where vents have been repeatedly active in historic time. 2 15-25 25-75 Areas adjacent to and downslope of active rift zones. Areas gradationally less hazardous than Zone 2 because of greater 3 1-5 15-75 distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas. Includes all of Hualalai,where the 4 about 5 less than 15 frequency of eruptions is lower than on Kilauea and Mauna Loa.Flows typically cover large areas. Areas currently protected from lava 5 none about 50 flows by the topography of the volcano. 6 none very little Same as Zone 5. 7 none none 20 percent of this area covered by lava in the last 10,000 yrs. 8 none none Only a few percent of this area covered in the past 10,000 yrs. 9 none none No eruption in this area for the past 60,000 yrs. Reference Wright, T.L., Chu,J.Y., Esposo,J.,Heliker, C.,Hodge,J.,Lockwood,J.P., and Vogt, S.M, 1992, Map showing lava-flow hazard zones, island of Hawaii: U.S. Geological Survey Miscellaneous Field Studies Map MF-2193,scale 1:250,000. The URL of this page is http://hvo.wr.usgs.gov/hazards/LavaZonesTable.html Contact:hrowebmasterr%usgs.g>ov Updated: 1 June 2000(SRB) l�ttri•//111rr, 1171. 110,0 rrrs‘rik.»n«rin/T ,.. 7 T t l l l 0/111/1111A • m- ae5 aa at co as 0 Ce ,415.1.---,Z,,,, gel rala e til 8#; 14* ca agsi ill cN `fir_" : . S 12°.� v kIlb I' *L r N — % \ — VI a i. 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O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O N N N on N Lel N un N N N Lel N ul Lei N Lr, N N un N N Ln N N N N N N N N N N d n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n County of Hawaii 74-5044-4g—Keohokalole Hwy •••••• Kai 1 u Kona HI 96740 ••'o�''� ------- ----- Nancy E.Crawtord BUSINESS ACTUAL TIME DRW • Vee; Finance Director 9/17/2014 9/16/2014 16:06:22 17 ?•� Deanna S. Sako REG WS21 WALKIN 17 JH . .� f Deputy Director »RECEIPT # 028425 9/17/2014 OFLN 1 Real Property Tax Div, 8 TAX CLEARANCE 1 $1 .00 County of Hawaii Receipt total $1 .00 ENT OF FINANCE - REAL PROPERTY TAX Al 1 receipts $1 .00 ii Street,Suite No.4 • Hilo,Hawai`i 96720-4224 • Fax(808)961-8415 CASH 1 $1 .00 it-8354 • Clerical(808)961-8201 • Collections(808)961-8282 CHARLES LIPPS -5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawai`i 96740 Total remitted $1 .00 -3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Website: www.hawaiipropertytax.com MAHALO! HAVE A NICE DAY! 1-1r41_ PROPERTY TAX CLEARANCE Date: September 16, 2015 TMK(s): (3) 7-5-024-078-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2014 up to and including December 31, 2014. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of Charles Jr. & Janet Lipps for the County Planning Department and is issued for this/these parcel(s) only. • • REAL PROPERTY TAX DIVISION Paid up to and including December 31 , 2014 Tax Clearance for Planning Department(rev. 12/09) Hawai`i County is an Equal Opportunity Provider and Employer RE : archaeological report or a "no effect" letter from the State of Hawaii DLNR Historic Preservation Division. The applicant (Lipps) feels they have made numerous and good faith efforts to obtain a "no effect" letter (see below), to no avail. Based on applicant's understanding, the State DLNR Historic Preservation Division has 30 days to respond. They have not. Applicant is requesting this requirement be waived when considering the zoning change request. From Miriam Wallwin To theresa.k.donham@hawaii.gov Date 2014-09-15 09:59 Message 6 of 6<> Dear Ms. Donham, In speaking with Earl at the County Planning Department he directed me to you as Hawaii's Lead Archaeologist concerning the information needed to include in the application for a Change of Zoning. The property is above Kailua Kona town; was originally subdivided in August 1989 into 3 parcels. Each parcel is just over 3 acres and the zoning is AG-3. The owners of the property, Charles and Janet Lipps wish to divide the property to create two properties of approximately 1.5 acres and change the zoning to FA-la. Part of the rezoning process requires an archaeological report or a "no effect" letter from the State of Hawaii DLNR Historic Preservation Division. The TMK for rezoning is 3/7-5-024-078. It has previously been graded and has a dwelling and shop building on it. The area has varying sized parcels, most of which have dwellings on them. The parcels directly south of parcel 078 run from 22,000sf to 1.8 acres. I'm not sure what information you need to proceed with your work; please contact me with any questions or for further information. Miriam Wallwin Administrative Assistant Lipps and Son, Ltd. P: 808-329-8148 F: 808-326-4738 Re:Change of zoning From Miriam Wallwin To Theresa.K.Doriham@hawaii.gov Date 2014-09-24 14:41 Message 5 of 6<> Aloha Ms. Donham, I don't yet have the application for the Change in Zone together yet. The reason I contacted you is because a "no effect" letter or archaeological review is part of what is necessary to submit the application. So what do I do now? I appreciate any information you can give me. Thank you, Miriam Wallwin Administrative Assistant Lipps and Son, Ltd. P: 808-329-8148 F: 808-326-4738 On 09/24/2014 13:17, Theresa.K.Donham@hawaii.gov wrote: Aloha Ms.Wallwin, Sorry for the delay in getting back to you. Please send a pdf of your Change in Zone application to dlnr.intake.shpd@hawaii.gov The information will be logged in and routed to the appropriate review archaeologist. Subdivision Application From Miriam Wallwin To dlnr.intake.shpd@hawaii.gov ,Theresa.kDonham Date 2014-10-01 15:14 Message 4 of 6<> • Subdivision App.PDF Theresa, Is this what you wanted? Miriam Wallwin Administrative Assistant Lipps and Son, Ltd. P: 808-329-8148 F: 808-326-4738 Re:Subdivision Application From Miriam Wallwin To "Theresa.K.Donham@hawaii.gov Date 2014-10-02 11:59 Message 3 of 6<> Not yet. The surveyors went out on Sept. 24th Miriam Wallwin Administrative Assistant Lipps and Son, Ltd. P: 808-329-8148 F: 808-326-4738 On 10/02/2014 11:55, Theresa.K.Donham@hawaii.gov wrote: Yes. Do you have a page-size map showing the proposed subdivision lots? From: Miriam Wallwin<miriam@lippsandson.com> To: dlnr.intake.shpd@hawaii.gov, "Theresa.kDonham"<theresa.k.donham@hawaii.gov>, Date: 10/01/2014 03:14 PM Subject: Subdivision Application Theresa, Is this what you wanted? Miriam Wallwin Administrative Assistant Lipps and Son, Ltd. P: 808-329-8148 F: 808-326-4738[attachment "Subdivision App.PDF" deleted by Theresa K Donham/DLNR/StateHiUS] Re:Subdivision Application From Miriam Wallwin To Theres a.K.Donham @ hawai i.gov Cc Chuck Lipps Date 2014-10-17 10:14 Message 2 of 6<> • Rezoning Map by Wes Thomas.pdf Hi Theresa, I just got this from the surveyor. Miriam Wallwin Administrative Assistant Lipps and Son, Ltd. P: 808-329-8148 F: 808-326-4738 On 2014-10-02 11:55, Theresa.K.Donham@hawaii.gov wrote: Yes. Do you have a page-size map showing the proposed subdivision lots? Subdivision From Miriam Wallwin To Theresa.kDonham Date 2014-11-17 15:00 Message 1 of 6<> Aloha Ms. Donham, I sent information regarding the "Change of Zoning" for lot 3/7-5-024-078 and have not heard from you yet regarding the archaeological report or "no effect" letter. I would appreciate an update on this so we can submit the application. Thank you for your time, Miriam Wallwin Administrative Assistant Lipps and Son, Ltd. P: 808-329-8148 F: 808-326-4738 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII = ` HILO, HAWAII DATE: March 20, 2015 Memorandum TO : Duane Kanuha, Planning Director Planning Department FROM : Ben Ishii, Division Chief\ Engineering Division Vv SUBJECT : Change of Zone Application (REZ 15-000187) Applicant: Charles E. Lipps, Jr. & Janet S. Lipps Trust Request: A-3a to A-la TMK: 3/ 7-5-024: 078 We reviewed the subject application and have the following comments: 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. 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 Hawaii County is an equal Opportunity Provider and Employer aF*ATE'?s : • • 19 49 P DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 April 13,2015 _ TO: Mr.Duane Kanuha, Director Planning Department FROM: Quirino Antonio,Jr.,Manager-Chief Engineer —1 SUBJECT: CHANGE OF ZONE APPLICATION(REZ 15-000187) APPLICANT—MR.CHARLES E.LIPPS,JR.AND MS.JANET S.LIPPS TRUST REQUEST: A-3A TO FA-1A TAX MAP KEY 7-5-024:078 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 8-inch waterline along Hiona Street fronting the property in accordance with the Department's existing water availability conditions,which are subject to change without notice. Please be informed that there is an existing 5/8-inch meter serving the subject parcel,which is limited to an average daily usage of 400 gallons. Therefore,pursuant to Rule 5 of the Department's Rules and Regulations,a copy of which is being forwarded to the applicant,a water commitment may be issued. Based on the one(1)additional unit requested in the proposed 2-lot development,the required water commitment deposit is$150.00. Remittance by the applicant of the$150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words,unless a water commitment is officially effected,water availability is subject to change without notice,depending on the water situation. For the applicant's information,final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements,which shall include,but not be limited to: a. installation of a service lateral that will accommodate a 5/8-inch meter to the additional lot,and b. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they be necessary. Submit construction plans prepared by a professional engineer,architect,or land surveyor, registered in the State of Hawai`i,for review and approval. Water, Our Most Precious resource . . . Ka Wai A Kane . . . 0 9 8 9 5 9 The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 April 13, 2015 2. Remit the prevailing facilities charge,which is subject to change, as shown below: FACILITIES CHARGE(FC): One(1)service(paid) One(1)additional units @$5,500.00/unit $5,500.00 Total Facilities Charge $5,500.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. 3. Submit the appropriate documents,properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, Quirin ntonio,Jr.,P.E. Mana -Chief Engineer RQ:dfg copy— Mr.Charles E. Lipps,Jr.and Ms.Janet S.Li PLANNING DEPT:NE T (;'!S'! ' --"‘,•• 11 CARTYS.CHANG 4INDIRA(CHAIRPERSON DAVID Y.ICE ` ~.:y ' BOARD OF LAND AND NATURAL RESOURCES ♦,y QOVERNOR OF HAWAII M r; COMMISSIONvaaa 1 COSSION ON WATER RESOURCEMANAOEIQNI • '{ ^'; 3 l `1. DANIEL S.QUINN f.1 r I f o 'S t BUMMERS-1 DEPUTY 74\ r - y •. ACTING DEPUTY IRRECTOR-WATER AQUATIC RESOURCES ,•.s. BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES /111/1' COMMISSION ON WATER RESOURCE L LAMB STATE OF HAWAII ANAGEM NT CONS RVAATION AND RESOURCES ENFORCEMENT AND WEDLIFE 4A*of iirs# DEPARTMENT OF LAND AND NATURAL RESOURCES HISttRK PRESERVATION XAHOOLAWE ISLAND RESERVECOMAOSSR]N LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 April 6,2015 Duane Kanuha LOG NO: 2015.01106 Planning Director DOC NO: I504MV 10 County of Hawaii Archaeology 101 Pauahi Street Suite 3 Hilo,HI 96720 SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change of Zone Application for Charles Lipps Jr.(REZ 15-000187) Keopu Ahupua'a,North Kona District,Island of Hawaili TMK:(3)7-5-024:078 Thank you for the opportunity to review this application that was received by our office on March 19, 2015. According to the application,the land owner has requested a change of zone from A-3a to Fa-la. The project area will then be subdivided into two lots by the owner.The lot already contains two single family dwellings,and the use of those dwellings would continue after the subdivision. There is no proposed ground disturbance associated with this project. A review or our records indicates that there are no previously identified historic properties in the vicinity of this project. Our records also indicate that no archaeological inventory survey was conducted on this subject parcel. A previous SHPD review of a grading permit application for this parcel reached a determination of No Historic Properties affected (LOG NO 2005.2580, 0511MM30). Because there is no ground disturbance associated with this project,and the character of use of this property will not change,it is unlikely that archeological resources will be impacted. Therefore,SHPD believes that no historic properties will be affected by this project. However, in the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, or lava tubes are identified during construction activities, please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7653. Please contact Mike Vitousek at(808)652-1510 or Michael.Vitousek(ahawaii.gov for any questions or concerns regarding this letter. Aloha, _ C .,�. .r✓.arL--..,. Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division CC: Charles Lipps Jr. L. 75-938 Hiona Street Holualoa HI 967255, 098129 . . •17x4/ 7, _6 2 - Q 7 le PLtcv sP A ' 1 X6;,5- 2015 MAR 30 PH 1: 57 a 1 o u n ry b f'" 1714-IC0 ,11 Eir Pin), T -- 'Pk - 5 a AE 7'1E-e4+0 k:'A-LeLE ANY cs t imi tom. E:_ .2Ath FiocK, ki91LvfIu,r /y/ 9C7'O RE: Zo iv i dg-- (9hytagi - i -N.b Si.1.6z,ivir)i•V .THE. P RorER-7 A *7 75-5'3 gld�h b2TR leo L i} N L C 141 n 7.23- = J)io r)or- /7 f'1e1E'Jut- e1=�l(,ty,D/1/1. /1 k OR t .. o lU /IV G? o f 1h7 PfC'oPPA'fl' 7-/-m f A-R,t tEVERAL 4v1)/ J4zs /9/v,2) 6?-*' G,�S' C ti 'art h-7`ft'0. er Y /9-1 A'E, Y. '-7-19-E 20PEA7-y f 1 O cJAJI'Rs / E O PrRATrvj a &)Als c (M.770 Ai .AAa HOME e'Cnihplin,th BtiSiN�-cC . Cs-u s/OG- v7'2We* &-1i1. 1)EvVERY Jko1s'ZS. l4LS3 ?©L) 7) ML S7C A-AM E--c b i RI 1 r AftS(A+tE-0 ti. Ale,15.1.5.-; - .,k el-E�sE-0 Ida+. v O Lia) WY . : Z0iUigifC- ' _.SOB -D. Ev -)/mac• T+t 'Jetta NOM' ..e __- Gaos Fc Tills 11).:1-'ileo >? t`0A,), CAiltiii,:,,,i1 Vi P J ! P t / • cP Vei zwlek --- - -- - J 00-57 673 Y 75-5388 Mamalahoa Hwy. 11o1412104 HI 96725 cAL--/ 7 2.-o,s std- ?ia c��'•4--T: a- TrW� 3/T'S 024-o7 T D, bo‹-Per-L, erre-54.1 e— „,), 9:1c-e_ept-(i 6,L( -k5f, tjLe. e- ‘'‹A 4LIA- 4t_ 1s rD 056-1 kt)t fr „Rix ._.�,� ,� ,e Looms 04-V..e/ ep evers -JL , P-P_ so � � l g cus S",cco god � � kittl SCANNED May 22, 2015 5 County of Hawai'i Planning Department Mr. Christian Kay Aupuni Center 101 Pauahi Street, Suite#3 Hilo, Hawaii 96720 RE: Change of Zone Application Tax Map Key: 7-5-024:078 Dear Mr. Kay, In anticipation of Ms.Zwick's letter opposing my zoning change request, I was proactive and sought the support of a few neighbors. Attached are eight letters of support for my zoning change request, including three from property owner's directly mauka and across the street(north)of the proposed new lot. Thank you in advance for including these letters of support when considering our request. Sincerely, £ 4IY1 : Charles&Janet Lipps 75-938 Hiona Street Holualoa, Hawaii 96725 808.345.5538 098927 rte" / LJ Hawaii County Planning Department Hawaii County Council RE: Change of Zoning Application by Charles E. Lipps,Jr. &Janet Lipps Trust TMK:3-7-5-024-078 / 75-938 Hiona Street-Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la. �( fo Kq �r DR Z c LLC Printed Name(s) of Property Owner(s) (. ' i dal . c G2/ Q� (n4AxsPk•s Signa Aro Aroperty Owner(s 75 — j33 r©/et sem- 3— -�— 5-- a4 Ho Loot Loinc Address or TMK# 9679,5 05 la I 94DI Date Hawaii County Planning Department .� Hawaii County Council RE: Change of Zoning Application by Charles E. Lipps,Jr. &Janet Lipps Trust TMK:3-7-5-024-078 / 75-938 Hiona Street-Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la. ! oP( of' QcFGs Lt C a Printed Name(s) of Property Owner(s) -- th,f (fivri �V�Signat of Prty Owner(s) * - 1 5 - aA. 33 Address or7MK# 05 6U -� Date Hawaii County Planning Department Hawaii County Council RE: Change of Zoning Application by Charles E. Lipps,Jr. & Janet Lipps Trust TMK:3-7-5-024-078 / 75-938 Hiona Street- Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la. Printed Name(s)of Property Owner(s) Signature of Property Owner(s) 7 ) oria_. ST: 1404ct/oc , C/g -Is Address Z-1-/ --/s Date €5•72- Hawaii County Planning Department Hawaii County Council (A RE: Change of Zoning Application by Charles E. Lipps,Jr. &Janet Lipps Trust TMK:3-7-5-024-078 / 75-938 Hiona Street-Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la. n4)6 t—, is n AllIcAlAtc,im:171.isSia A t, 011S.e Printed Nam, s)of Pro•erty *wner(s) At 1/4C Signature o roperty • ner(s) 75--907 f Zi 3-1- 5 94 -34- 1-to -34- 1-o LuckLoctr ir,Address or TMK# V&715 65/011 i 9015 Date Hawaii County Planning Department 's Hawaii County Council RE: Change of Zoning Application by Charles E. Lipps,Jr. &Janet Lipps Trust TMK: 3-7-5-024-078 / 75-938 Hiona Street- Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la. SIA-54/1 gFN9.1 c r✓%s=ue Printed Name(s)of Proper V Owner(s) ictUrILO TSLAROik Signature of Property'Owner(s) r7§971 ,/ioM si Address Date Th/ Hawaii County Planning Department Hawaii County Council RE: Change of Zoning Application by Charles E. Lipps,Jr. &Janet Lipps Trust TMK:3-7-5-024-078 / 75-938 Hiona Street- Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la. RA-t-) DA LL Pi r I -d5 4TS14 A I /7W/1-- Printed Name(s) of Property Owner(s) Pe`/Nivcie ignature of Property Owner(s) 7tfvA l--w y,/id, ( � I-� - , //Z5.. Address or TMK# it/c/ I c- Date Hawaii County Planning Department <-N72.,._? Hawaii County Council (:),n v RE: Change of Zoning Application by Charles E. Lipps, Jr. &Janet Lipps Trust TMK: 3-7-5-024-078 / 75-938 Hiona Street- Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la. . Am CF 5 L ate--4,4/1`e Printed Name(s)of Property Owner(s) ..,0911)10-1 /2:--- j Signature of Property Owner(s) • 7-5r—-/" / /1 4' jq ,V,a- 1,c Address or TMK# / Date I Hawaii County Planning Department 0 a-) Hawaii County Council �'n RE: Change of Zoning Application by Charles E. Lipps,Jr. &Janet Lipps Trust TMK: 3-7-5-024-078 / 75-938 Hiona Street- Holualoa, Hawaii 96725 We support the Lipps' petition to change the zoning of their existing parcel on Hiona Street from the current A-3a to the requested FA-la, pro LI',)s i ik _D<,ORe//JG /7e- -777s lee. vf- C4) v/l'e.7e=,v a of Thi Ca iit' Z'o'-';v&- e74.4.1 ______ ;-----, ''F_ __fl • /-•• 7--(":-; rinted me(s) of Prope ne (s) c I/44 ------------ Signature of Property Owner(s) --" -/ G /7 /<--;:_:- .Pe.) 74( fv fr�' "D??. c� e o - Address or T K# 7 {— 7? Date April 21,2015 :..4 County of Hawaii Planning Department Mr.Christian Kay Aupuni Center 101 Pauahi Street,Suite No.3 Hilo, Hawaii 96720 RE:VERA ZWICK-LETTER OF OPPOSITION Mr. Kay, Vera Zwick's letter of opposition to my request for a zoning change was not unexpected. In 2004,Vera Zwick and her gardener poisoned numerous monkey pod trees on my(then)vacant lot.An adjoining neighbor(Mrs. Nagle)witnessed it and reported it to the police.Zwick was charged by(then)County Prosecutor Linda Walton.Zwick plead guilty to a class B felony,served community service and compensated me$27,500 for the loss and removal costs associated with these beautiful trees.Zwick did this to better the makai view from her home. Our former neighbor just makai of Zwick,Jerry Marolda,was forced to have a restraining order issued against Zwick. Written testimony from other neighbors concerning harassment from Vera Zwick was given to the County Prosecutor in 2004 and is attached. Zwick's statement about operating a construction or home decorating business from my home is completely false.My office is located on the ground floor of King Kamehameha's Kona Beach hotel located at 75-5660 Palani Road-Suite 110. I have warehouse space within the hotel and on Kuakini Hwy.at a facility called Power Storage.Copies of leases and monthly payments can be made available,if needed.Our home sits empty most of the time because we are in town working.There are no truck or delivery noises associated with a business there. Attached are some documents I pulled from my 2004 files concerning Vera Zwick.A call to the County Prosecutors office should also confirm Zwick was charged and plead guilty to a felony she committed on my property. I believe Vera Zwick's opposition to my request for a zoning change is based on our previous history and her claims inaccurate. Respectfully submitted, Charle Lipps 75-938 Hiona Street Holualoa, Hawaii 96725 r yy '.As c F,n' r,7 5y ` bi 743:1 P 6 098396 • 'June 4,2015 County of Hawaii Planning Department Aupuni Center 101 Pauahi Street,Suite No. 3 Hilo, Hawaii 96720 RE: Letter of Opposition to Change of Zoning Application (REZ 15-000187) Aloha Mr. Kay, Mr.Ole Winther's letter of opposition(dated May 7, 2015)to our zoning request surprises me for several reasons.They include: ✓ I find it ironic the owner of the smallest parcel (only 0.518 acres)within 1,000 feet of mine is concerned that subdividing mine into two 11/2 acre parcels will "directly and negatively affect" his parcel. If zoning change is approved and a new home built,the new structure will still be further away from his residence than the existing Williams-Sander home just makai of theirs (see attached aerial view). ✓ Mr.Winther mentions "large lots surrounding our property and the privacy it affords" him.Since when is anyone guaranteed an adjoining or nearby lot owner will never impede on their desired level of privacy?Especially when yours is the smallest parcel in the neighborhood. ✓ Mr.Winther's privacy concerns also seem unusual considering the"detached recreation building" erected on his property in 2014. If it's not within the setback adjoining my property,it's within inches(see attached aerial view).Why build so close to my property boundary?If anything, I feel this detached recreation building(which was probably constructed to act as an ohana -see building permit details and then follow-up with subsequent improvements made to the structure) directly and negatively affects my property values. ✓ Most of Mr.Winther's privacy along our shared boundary is from the trees planted just inside his parcel. For many years I have allowed the branches from these trees to encroach on my property(see attached pictures). ✓ Mr.Winther's concern also includes"approval of this proposal will set a precedent for the neighborhood,as other property owners may attempt to subdivide". My parcel is only one of three on Hiona Street that are not part of or subject to the Keopu Heights Neighborhood Association (KHNA)CCR's. Based on my understanding, KHNA lot owners are forbidden from subdividing their properties and legal precedence has already been established in the favor of CCR's. Mr. Winther is (by far)the smallest land owner in the private subdivision just south of mine.Their shared roadway is sub-standard and I cannot envision the County ever allowing any of those already small parcels from being subdivided further. In fact, I'm surprised the Winther-Sawada 0.518 acre parcel was ever allowed in this area. While the concerns stated by Mr.Winther may be sincere,l believe they are unfounded and should not be a contributing factor in deciding my zoning change request. Respectful4kubmitted, • Charles L : .s,Jr. tit r . 09915. 4 “ A . 75-938 Hiona St,Holualoa,HI 96725 is Off Market-Zillow Page 1 of 5 • ..fir ` S74iK //� • Zillow I I 1 \ ek, . 0^ \ ,,__, V0 S,.sK:., z Proposed new bound toc �I ' ``` ary if Zoning Change approved d r ..- 7 of ,`. wresi�e, ���/ it ‘ Wlnthet Sawada de dp,or o� CO r ', s6 SSK tacked recreation builgrl Pa/ ng CjQs`�sz� �`� (n her Sawa �o°�h6 -vada residerice O. <s/' Hawoii . d"fid or 7 1i1+rr//.xnxnx7-rill nm nnm/hnmac/fnr co 1a/lonA -ft rr.a/Q0121A1A vr.iA/Ao..c 0..,4110 iSA')(17 1 '1/14/'1111 G This is a picture standing on the Lipps property facing the Winther-Sawada property boundary. Winther-Sawada boundary extends from here to here. \-, • The pictures verify the trees on the Winther-Sawada property that encroach on the Lipps provide a great deal of privacy. • This is another view from the Lipps property in close proximity to where a new residence would be constructed (if approved by Hawaii County).Still plenty of room and privacy between neighbors. :-) , Picture of rock wall along boundary.Shows trees planted on Winther-Sawada property that encroach well onto Lipps property. . fil _ y . . '�04, . 'h Wal f.:. f3 ,„ rd k -#`x # _ -. - ,8 " x ,�"' ^ 3 8 r ,""A Y ` yam(', �� � ::.. Two pictures of the detached "recreation" building facing Lipps boundary. .;. 7:4 tib i. .. ...,�.._.n..^�.�..�: f-. d..' ______ sem• .- County records indicate the structure includes a bathroom and "work"sink.This structure contains the basic infrastructure needed to expand into ohana use after the County certificate of occupancy was issued. Further development on Lipps property may draw unwanted attention? RLipps-REZ15-187(Unfav).crk 06-5-15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CHARLES E. LIPPS,JR.AND JANET S. LIPPS TRUST CHANGE OF ZONE APPLICATION (REZ 15-000187) Upon careful review of the request for a Change of Zone request from an Agricultural 3- Acre (A-3 a) to a Family Agricultural 1-acre(FA-1a)zoning district against the guidelines for granting a change of zone, the Planning Director recommends that the Planning Commission forward an unfavorable recommendation to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: The Applicants are requesting a Change of Zone from an Agricultural—3-acre (A-3a) to a Family Agricultural 1-acre(FA-1a) zoning district for 3.039 acres of land in order to subdivide the property into two lots (1.565 acres and 1.474 acres in size),with the makai, 1.565-acre lot to be conveyed to the applicant's daughter so that she can build a residence. There is an existing dwelling and a detached craft room, covered lanai, and workshop connected by a carport on the property, which would become part of the parcel to be conveyed to the applicant's daughter. The remainder of the parcel consists of lawn areas, fruit trees, and ornamental landscaping. The property is located on Hinoa Street, approximately 1,000 feet west of its intersection with Mamalahoa Highway, Keopu North Kona, Hawai`i, TMK: 7-5-024:078. The primary factors for this unfavorable recommendation is that the proposed request for Family Agricultural zoning(FA-la)is not consistent with the goals,policies, and actions of the General Plan and would not result in an appropriate land use pattern at this time, and therefore the existing Agricultural (A-3a) zoning district should be retained. 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 a comprehensive policy analysis approach that evaluations and decisions can be -1- Re: Bill 79 (Comm. 424) made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Change of Zone request from an Agricultural 3-acre (A-3a)zoning district to a Family Agricultural 1-acre (FA-la) zoning district does not conform to goals,policies and standards of the General Plan. The General Plan is the policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The proposed request does not conform to the following goals,policies and standards of the General Plan: LAND USE ELEMENT • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community,region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals,regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE ELEMENT-AGRICULTURE • Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. -2- • Protect important agricultural lands within the Kona Coffee Belt from urban encroachment through the use of zoning and other mechanisms. The General Plan LUPAG designation for the property and surrounding area is Important Agricultural Lands (IAL) on the General Plan LUPAG Map. IAL are defined as lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. While the soils are rated C and E by the LSB, and designated as ALISH Other and Unclassified, the IAL LUPAG designation includes lands in the North and South Kona"coffee belt", which is a continuous band defined by elevation, according to input from area farmers. The subject parcel falls in this coffee belt area. The General Plan is clear about limiting changes of zone on important agricultural lands to parcels large enough to support economically viable farming units and to protect important agricultural lands in the Kona"coffee belt" area. According to the Hawaii County Food Self-Sufficiency Baseline 2012 report, "Most of Kona's coffee is grown on five to 10 acre parcels in what is referred to as the Kona Coffee Belt", and, "Over the last 10 years there has been a significant amount of new coffee planted in the Kona area, much of it in fields of 20 or more acres. " This study and other State and University of Hawai`i coffee industry economic studies have shown that commercial coffee farms are trending toward parcels within the 5 to 20-acre range. The applicants' stated purpose for the proposed rezone is to subdivide the property into two lots (1.565 acres and 1.474 acres in size),with the makai, 1.565-acre lot to be conveyed to the applicant's daughter so that she can build a residence. According to Hawai`i Revised Statutes 205-4.5, any dwelling built on a lot created in the State Land Use Agricultural District after June 4, 1976, shall be a"Farm Dwelling"which is defined as, "a single-family dwelling located on and used in connection with a farm...or where agricultural activity provides income to the family occupying the dwelling. " The application stated that 10,000 square feet of avocado, guava, pineapples, lemons, limes and grapefruit are being grown on the property, however there is no indication that those products are being sold to the extent that it would establish a viable farming activity on -3- each of the subdivided properties. In addition,the application does not indicate commercial agriculture plans for the newly created lot. As stated in the application, the Kona CDP allows for rezoning of areas currently zoned Agricultural, outside of the Urban and Rural TOD areas, and outside of urban designations on the General Plan LUPAG map in limited circumstances, including, a rezoning that "allows only a small number of additional lots, consistent in scale with the transfer of lots to family members. "However, the same policy was intended to, `prevent the rezoning of agricultural property to allow agricultural subdivisions where the primary objective of the lot owner will be to have a residential estate. "(Land Use Policy 3.8). Based on the foregoing, the proposed rezone does not conform to requirements of the State Land Use Agricultural District or goals, policies and actions of the General Plan LUPAG IAL designation. While we understand the desire of the applicant to provide a lot for his daughter to build a residence, the Planning Director has an obligation to consider the appropriate land use patterning in the area. The subject property is one of fifteen(15) 3+ acre parcels in the mauka portion of the subdivision which has maintained A-3a zoning for 42 years (rezoned from A-5a to A-3a in 1972 - Ordinance No. 479). Changing the zoning to FA-la would be a significant departure from the existing A-3a zoning district, and could set a precedent should other property owners desire similar changes in zone. This could create a denser, more residentially-focused land use pattern that is inconsistent with the intent and policies of the General Plan, LUPAG IAL designation and State Land Use Agricultural District for this particular section of Kona. Moreover, while there is county water available for the additional lot which would result from this change of zone request, the Department of Water Supply has indicated that water availability is limited to support increased residential density in this area, thus, approval of this request would result in de facto FA-la spot zoning for this parcel which would not be available to surrounding landowners. Based on the above, the request for a Change of Zone from an Agricultural (A-3 a) to a Family Agricultural (Fa-la) zoned district would not result in an appropriate land use pattern and would not further the public convenience, necessity and general welfare. -4- Therefore, it is recommended that this request be denied. A draft bill to amend Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code is provided for your information. However,please note that due to the unfavorable recommendation, there are no conditions attached to the draft bill. -5- COUNTY OF HAWAII + ` . t• STATE OF HAWAII. • BILL NO. ORDINANCE NO. CP tam vi i �� `J . ) AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA 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 FAMILY AGRICULTURAL—ONE ACRE (FA-la)AT KEOPU 3RD , NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-024:078. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, 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 Keopu 3rd,North Kona, Hawai`i, shall be Family Agricultural—One Acre(FA-1a): Beginning at a nail in AC pavement at the Northeasterly corner of this parcel of land,being also the Northwesterly corner of Lot B and being a point on the Southerly side of Hiona Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAHELO"being 12,188.32 feet North and 9,110.49 feet East and running by azimuths measured clockwise from True South: 1. 331° 11' 192.14 feet along Lot B and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; -1- 2. 64° 17' 266.82 feet along Lot C and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; 3. 72° 29' 471.75 feet along Lot D, Parcel 019 of TMK: 3/7-5-024 and Royal Patent 3998, Land Commission Award 7345 to Kahualaalaau and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; Thence, for the next three(3) courses following along Road Lot F: Thence, from a tangent azimuth of 161° 57' following on a curve to the left with a radius of 1,025.00 feet, the chord azimuth and distance being: 4. 160° 30' 51.88 feet to a rebar in concrete(found); 5. 159° 03' 93.28 feet to a point; Thence, following on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 6. 204° 03' 28.28 feet to a spike in concrete(found); 7. 249° 03' 411.35 feet along the Southerly side of Hiona Street to a point; Thence, following along the Southerly side of Hiona Street on a curve to the left with a radius of 2,030.00 feet,the chord azimuth and distance being: 8. 245° 07' 278.50 feet to the point of beginning and containing an area of 3.039 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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 (B) Fulfillment of the need for public service demands created by the proposed use. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- / A 5a A-la A-5a A-5a A-5a A-5a 7, A-5a AGRICULTURAL-THREE ACRES(A-3a)TO FAMILY AGRICULTURAL-ONE ACRE(FA-1a) 1* .I 3.039 ACRES A-5a A-3a 12,188.32'N A-3a 91(0.49'E `KAHELO" � NP 5- N\ ( A-3a A-5a A-3a iii, A-5a t- a /- A-5a 03. A-3 A-5a A-5a N ..... ....11 Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA 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 FAMILY AGRICULTURAL - ONE ACRE (FA-1a) AT KEOPU 3RD, NORTH KONA, HAWAII MAP PREPARED BY: TM K:(3)7-5-024:078 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:MARCH 23,2015 EXHIBIT"A" Lipps Mao: 1357 COUNTY OF HAWAII, LEEWARD PLANNING COMMISSION RECOMMENDATION The Leeward Planning Commission is recommending that a favorable recommendation for a Change of Zone request from an Agricultural 3-acre(A-3a)to an Family Agricultural 1-acre (FA-la)zoning district for a maximum 2-lot subdivision be forwarded to the County Council. This recommendation is being forwarded upon review of the request against the guidelines for granting a change of zone, consideration of the Planning Director's unfavorable recommendation, and information presented at the June 18, 2015 Leeward Planning Commission meeting on this particular matter. This favorable recommendation is based on the following findings: The Applicants are requesting a Change of Zone from an Agricultural—3-acre (A-3a)to a Family Agricultural 1-acre (FA-1a) zoning district for 3.039 acres of land in order to subdivide the property into two lots (1.565 acres and 1.474 acres in size), with the makai, 1.565-acre lot to be conveyed to the applicant's daughter so that she can build a residence. There is an existing farm dwelling and an accessory detached craft room, covered lanai, and workshop connected by a carport on the makai portion of the property, to be conveyed to the applicant's daughter. The Planning Director formally presented his unfavorable recommendation of this request to the Leeward Planning Commission ("Commission") at its June 18, 2015 meeting. After reviewing the application and considering the comments offered by the affected agencies and responses thereto from the Applicants, the Planning Director found that the proposed change of zone request does not comply with the goals, policies, and standards of the Land Use and Land Use-Agricultural Elements of the General Plan regarding protection of important agricultural lands in the Kona Coffee Belt region. Additionally, the Director found that the change of zone request does not conform to the goals, objectives and actions of the Kona Community Development Plan. Finally, the Director found that change of zone request would not result in an appropriate land use pattern and would not further the public convenience, necessity and general welfare. -1- Re: Bill 79 (Comm. 424) Notwithstanding the Director's findings, the Leeward Planning Commission's findings in support of a favorable recommendation follows. The Leeward Planning Commission finds that the proposed change of zone from an Agricultural 3-acre (A-3a) to an Family Agricultural 1-acre (FA-la)zoning district is consistent with the General Plan and Kona Community Development Plan The Leeward Planning Commission finds that granting the change of zone request would allow the applicant to provide a lot to one of his adult children, who would otherwise be unable to afford a lot, upon which to build a home. The proposed request conforms to the following goals, policies and standards of the General Plan: LAND USE ELEMENT • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The Leeward Planning Commission finds that there is a great need for affordable housing in West Hawai`i. The opportunity that would be afforded through the approval of this Change of Zone request would address the following needs identified the General Plan: • Section 9.5.7.1 North Kona Housing Profile which states, "In spite of continuing moderate growth of subdivision activity and housing construction in the North Kona district, housing problems for the low and moderate income groups have been particularly acute. " • Section 9.1 Housing Introduction and Analysis which states, "It is expected, however, that the proportion of the resident population requiring some assistance in purchasing a home will continue to increase." In addition, the Leeward Planning Commission found that the Kona CDP is supportive of family members' desire to transfer lots to other family members for the purpose of providing affordable housing in the North Kona area by adopting Land Use Policy 3.8. Rezoning Outside of Urban and Rural TODs and outside of the General Plan -2- LUPAG Urban Area which states, `Rezoning of areas currently zoned agricultural, outside of the Urban and Rural TOD areas shown on Figure 4-7 Official Kona Land Use Map, and outside of urban designations on the General Plan LUPAG, shall not be allowed, except in the following limited circumstances: (1) the rezoning allows only a small number of additional lots, consistent in scale with the transfer of lots to family members. . . . " Finally, despite policies and courses of action aimed at protecting viable farming operations and important agricultural lands in the North and South Kona Coffee Belt regions, the Leeward Planning Commission finds that the soil characteristics, size of the subject parcel, along with land and labor costs,would not allow the applicant to conduct a viable level of income producing agriculture on his lot. Accordingly, the concern over rezoning important agricultural lands to parcels too small to support economically viable farming units (General Plan, Land Use Element—Agriculture) is mitigated with respect to the subject parcel. The Leeward Planning Commission finds that the requested change of zone, if approved,would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The Leeward Planning Commission recognizes the importance of protecting important agricultural lands in the Kona Coffee Belt. The Leeward Planning Commission also recognizes, as does the General Plan and Kona CDP,the public's need for affordable housing. Upon review of this particular application in light of these important considerations,the Leeward Planning Commission finds, in this case, removing 3 acres from potential coffee production would likely have minimal impact on Kona's coffee industry. Significantly,the Leeward Planning Commission finds that the parcels immediately surrounding the subject parcel are zoned A-3a and A-5a and contain residences, small farms/orchards, and vacant lots ranging in size from .5 to 3 acres (with the properties directly adjacent to the south of the subject parcel .518 acres, 1.818 acres, 1.301 acres respectively). Therefore the applicant's proposed subdivision into 2 lots at 1.565 acres and 1.474 acres in size would be consistent with the physical lot size pattern in the neighborhood. -3- Moreover, the Leeward Planning Commission finds that, despite its agricultural zoning, the Keopu Heights area has long been established as a subdivision of residential estates, with public utilities and sufficient road and water infrastructure to allow for an additional house lot without negatively impacting agricultural use within the subdivision or outlying area. The Leeward Planning Commission finds that a detached craft room, covered lanai, and workshop connected by a carport was built on the property in 2011 with Building Permit B2011-0802K, as an accessory to the applicant's residence. Based on the applicant's proposed subdivision plan, this structure would become part of the 1.565- acre makai parcel to be conveyed to the applicant's daughter, which would not conform to the Zoning Code because it will no longer be accessory to the farm dwelling on the mauka lot. A condition of this approval will require that the applicant rectify this conformance issue. Based on the above findings, the Leeward Planning Commission issues this favorable recommendation of this change of zone request from an Agricultural 3-acre (A-3a) to an Family Agricultural 1-acre (FA-la) zoning district for a maximum of 2 lot subdivision that would result in an appropriate land use pattern that will further benefit the general public, therefore the request should be sent to County Council with a favorable recommendation. The accompanying draft bill to amend Section 25-8-3 (North Kona District Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- +ZY OFp COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. ( p(Q,�, p,;,,, AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA 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 FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT KEOPU 3RD ,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-024:078. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, 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 Keopu 31d, North Kona, Hawai`i, shall be Family Agricultural—One Acre (FA-la): Beginning at a nail in AC pavement at the Northeasterly corner of this parcel of land, being also the Northwesterly corner of Lot B and being a point on the Southerly side of Hiona Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO"being 12,188.32 feet North and 9,110.49 feet East and running by azimuths measured clockwise from True South: 1. 331° 11' 192.14 feet along Lot B and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; -1- 2. 64° 17' 266.82 feet along Lot C and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; 3. 72° 29' 471.75 feet along Lot D, Parcel 019 of TMK: 3/7-5-024 and Royal Patent 3998, Land Commission Award 7345 to Kahualaalaau and along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu to a point; Thence, for the next three(3) courses following along Road Lot F: Thence, from a tangent azimuth of 161° 57' following on a curve to the left with a radius of 1,025.00 feet, the chord azimuth and distance being: 4. 160° 30' 51.88 feet to a rebar in concrete(found); 5. 159° 03' 93.28 feet to a point; Thence, following on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 6. 204° 03' 28.28 feet to a spike in concrete (found); 7. 249° 03' 411.35 feet along the Southerly side of Hiona Street to a point; Thence, following along the Southerly side of Hiona Street on a curve to the left with a radius of 2,030.00 feet, the chord azimuth and distance being: 8. 245° 07' 278.50 feet to the point of beginning and containing an area of 3.039 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- CLippsREZ 15-187 CHARLES E. LIPPS, JR. AND JANET S. LIPPS TRUST CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION (REZ 15-000187) A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicants, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. E. The required water commitment payment for the additional lot shall be submitted to the Depaitment of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred and eighty (180) days from the effective date of this ordinance. F. Final Subdivision Approval of the affected parcel into a maximum of two (2) lots shall be secured within five (5) years from the effective date of this change of zone ordinance. —1— G. No variance from the minimum water and road requirements of the Subdivision Code shall be granted to subdivide the lot. H. To resolve use issues related to compliance with the Zoning Code [Section 25-5-62(e) relating to permitted uses in the FA zoning district] for the accessory detached craft room/workshop structure that will be created by the proposed 2-lot subdivision, the Applicant shall establish a farm dwelling upon that proposed lot identified as Lot C-1 on that"Rezoning Exhibit" dated October 17, 2014 prepared by Wes Thomas&Associates and made a part of the Applicant's change of zone application. This farm dwelling shall be constructed and completed within one(1)year from the date of issuance of Final Subdivision Approval. Restrictive covenants in the deeds of all proposed lots within the 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 owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State 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. J. All driveway connections to Hiona Street shall conform to Chapter 22, County Streets, of the Hawai`i County Code. K. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared and submitted to the Department of Public Works and any required drainage improvements shall be constructed, meeting the approval of the Department of Public Works prior to Final Subdivision Approval. L. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawai`i County Code. —2— M. Should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. N. The applicants shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each newly created lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$13,506.70 per single family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $6,513.17 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $314.20 per single family residential unit to the County to support police facilities; 3. $620.58 per single family residential unit to the County to support fire facilities; 4. $271.70 per single family residential unit to the County to support solid waste facilities; and —3— 5. $5,787.06 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. N. The applicants shall comply with all applicable County, State and Federal laws, rules, regulations and requirements, including the Department of Water Supply. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). —4— 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicants' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -5- / A-la A-5a A-5a A-5a • A-5a A-5a10 A-3a AGRICULTURAL-THREE ACRES(A-3a)TO FAMILY AGRICULTURAL-ONE ACRE(FA-1a) 3.039 ACRES A-5a il, A-3a S,c A-3a A-3a S 7 AQ A-5a 1111 011,11 A-3a FA-3a A-3a A-5a A-5a N 1 �....N. Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA 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 FAMILY AGRICULTURAL - ONE ACRE (FA-1a) AT KEOPU 3RD, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TM K:(3)7-5-024:078 DATE:MARCH 23,2015 Lipps EXHIBIT "A" Mao: 1357 0 U cn n ca rz4 cor .0 , ,, , ,..,4":" ' ' ' ' :.„ .. . ,,,., I - \o O V r CZS M N , V1 L- CC Ca. 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Cr -� O- O O cvsa) � O •> co •– CU = 4U > 0 �O D L 4� > f6 4) ro Q _ ,v) b.IJ • ra cu 4-0 o Vi R3 0 0 to u ,_ Q O 0 .� RS O L , d) 4) > 1._ — V y-- +-) 7) 73 ro ■ LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT JUNE 18, 2015 A regularly advertised hearing on the application of CHARLES E.LIPPS,JR.AND JANET S. LIPPS TRUST(REZ 15-187)was called to order at 9:35 a.m. in the West Hawai`i Civic Center, Community Center,Building G,74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet,Scott Church,Collin Kaholo, Sonny Shimaoka, Keith Unger,Thomas Whittemore and Barbara Nobriga(until 10:45 a.m.) ALSO PRESENT: Danny Patel(Counsel to the Commission), Duane Kanuha(Planning Director), Jeff Darrow (Planner), Christian Kay(Planner)and Noriko Sauer(Commission Secretary) And four people from the public in attendance. APPLICANT: CHARLES E.LIPPS,JR.AND JANET S.LIPPS TRUST(REZ 15-187) Application for a Change of Zone from an Agricultural-3 acre(A-3a)to a Family Agricultural-1 acre(FA-1 a)zoning district for approximately 3.039 acres of land. The property is located on Hiona Street,approximately 1,000 feet west of its intersection with Mamalahoa Highway, Keopu 3'1,North Kona,Hawai`i,TMK: 7-5-024:078. BEAUDET: First item on today's agenda is application for rezoning, 15-187,Charles Lipps,Jr. and Janet S.Lipps,for rezoning of Ag-3a, requesting to rezone to Ag-1. Staff? KAY: Thank you,Mr.Chair. Good morning. So,yeah,we have a change of zone application. The subject parcel is located in the North Kona District of the island. More specifically,this 3.039-acre parcel here outlined in red is located in the Keopu Heights area in Hblualoa. For reference you see Mamalahoa Highway here going north-south on the slide and Hiona Street kind of east-west here. The subject parcel is immediately surrounded by other parcels that are zoned Ag-3. The subject parcel is zoned Agricultural-3 acres. Makai of the area and mauka of Mamalahoa Highway is Agricultural-1 acre,surrounding these areas is Agricultural-5 acres,and here about 250 feet to the south is Family Agricultural-3 acres. The State Land Use designation for the subject parcel and surrounding area is Agricultural. The General Land Use Pattern Allocation Guide Map designates the area as Important Ag Lands,not only the parcel but the surrounding area. The reason this was set as Important Ag Lands is because it's part of what the General Plan designates as the Kona Coffee Belt. Relative to the Kona CDP, the subject parcel is outside of the Kona CDP Urban Area. It also does not fall within any Urban or Rural TOD designations or within any concurrency zones. 1 Re: Bill 79 (Comm. 424) This is an aerial photograph of the subject parcel and surrounding area. I just wanted to give you kind of a context. Again,it's outlined in red. You see that the surrounding area is,there are homes or small farms and some vacant lots. More zoomed in,this is the aerial photo of the parcel. Again, this is Hiona Street. There is an existing single-family dwelling on the upper part of the parcel accessed by a driveway out to Hiona Street. The parcel,we can't see it obviously on the aerial,but there is about 100-foot elevation drop going,heading makai. Further down on the lower portion of the parcel is a workshop and a craft room that is accessed by a lower driveway as well. Mauka of the single-family dwelling there is a landscaped area,as well as some fruit trees and also to the side some additional fruit trees and pineapples and alike. The applicant is requesting a change of zone from Agricultural-3 acres to a Family Agricultural-1 acre zoning district for approximately 3.039 acres of land. The purpose of this change of zone is to subdivide the parcel into two lots in order to convey the makai lot to the applicant's daughter so that she can build a residence. Here you see the proposed site plan and subdivision map. Again,the Lipps home here on the mauka portion of the property. So this would be subdivided roughly in half with the lower portion, again,proposed to be given to the daughter. This workshop and craft structure would be on the lower portion as well. The next few photos are some just site photos of the area. This is the Lipps home on the upper portion of the property. Again,some photos of the landscaped area and the fruit trees on the makai portion and the side of the house. And this is,sorry about the darkness of it,but a view from the Lipps's lanai area looking makai,you can see the lower portion of the parcel here. And this is the roof of the workshop structure, and then on the right you see the actual workshop structure itself on the makai portion of the parcel. Again,just some photos of Hiona Street,looking mauka, looking makai, and then some photographs of their driveway on the mauka area and the makai area. So the Planning Director is recommending an unfavorable recommendation be forwarded to the Hawaii County Council for the following reasons: First,the proposed request does not conform to the goals,policies and courses of action of the Land Use and Land Use-Agriculture General Plan elements for this area;Second,the proposed request does not conform to the goals,objectives and actions of the Kona Community Development Plan;and third,the proposed request will not result in a more appropriate land use pattern that will further the public necessity and convenience and general welfare. So this first bullet and the third bullet are in our Code as the criteria that we look at when we consider changes of zone. So going through that,just the land use element in the General Plan is to allocate appropriate requested zoning in accordance with the existing or projected needs of the neighborhood, community,region and county;and that zoning requests shall be reviewed with respect to the 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. For the agricultural land use element, again,this subject parcel and the surrounding area is designated Important Agricultural Lands, and this says that IAL lands shall not be rezoned to parcels too small to support economically viable farming units; and more specifically, there is a course of action for 2 North and South Kona in the General Plan that says "Protect important agricultural lands within the Kona Coffee Belt from urban encroachment through the use of zoning and other mechanisms." So, next,relative to the Kona Community Development Plan there is a Land Use Policy 3.8 that says rezoning of areas currently zoned Agricultural outside of the Urban and Rural TOD areas,and outside of Urban designations on the General Plan LUPAG map in limited circumstances, include what's being proposed here, which"allows only a small number of additional lots,consistent in scale with the transfer of lots to family members"; however, the same policy at the end says, the intent is to"prevent the rezoning of agricultural property to allow agricultural] subdivisions where the primary objective of the lot owner will be to have a residential estate." So the application actually said this was,the stated purpose was to allow the daughter to build a home. In terms of the land use pattern,the subject property is one of 15 three-plus-acre parcels in the mauka portion of the subdivision that's maintained Ag-3 zoning for the last 42 years. Changing the zoning to FA-la would be a significant departure from the existing zoning,and importantly could set a precedent should other property owners desire similar changes in zone. And finally,this could create kind of the more dense,more residentially-focused land use pattern, which from before is inconsistent with the General Plan,the LUPAG,State Land Use Agricultural District and the Kona Community Development Plan. Based on the preceding,the Planning Director is recommending that the Planning Commission forward an unfavorable recommendation to the Hawai'i County Council. Just really quickly,since the background and recommendation were complete,there were three additional pieces of correspondence that came in to the Planning Department:There was a letter of opposition from a neighbor,dated June 9, 2015,the Department of Water Supply followed up with a clarifying memo dated June 10,2015,and then Mr. Lipps responded in writing to the Director's unfavorable recommendation and that's dated June 16. And I believe all of those were emailed to the Commission. With that concludes my presentation,I'm happy to answer any questions that the Commission may have. BEAUDET: Commissioners,any questions for staff? CHURCH: Yes,Christian, I have several questions for you here. The subject parcel falls into the Coffee Belt area. Are there any nearby commercial coffee farms in this area? KAY: I believe so,yes,let me, sorry,I'll click back through this and I'll find the aerial photo kind of showing the surrounding area,the zoomed-out aerial photo. Jeff,can you remind me the name of this coffee farm here that was the-? DARROW: UCC? C. LIPPS [in the audience]: Komo. 3 KAY: Komo. Yeah, so this is an active coffee farm here. This was that section that was rezoned back in 2004 to Family Agricultural-3 acres,and they went through and subdivided into two parcels as well. CHURCH: Okay, thank you. It's cited that"Most of Kona's coffee is grown on five-to ten-acre parcels in what is referred to as the Kona Coffee Belt,"and then as a matter of policy, "Important Agricultural Lands shall not be rezoned to parcels that are too small ...." What is too small? Is this a subjective or objective judgment? KAY: Well, so it's something that,obviously,different types of agriculture have, you know, different economically viable units. Because this is in the Kona Coffee Belt,I went back and looked at some of the different studies that were available on lot size or average farm size for Kona coffee farms. There was a study,I looked at a study from the Department of Agriculture, a study from CTAHR,and then the County back in 2012 did a food self-sustainability study,and all of those studies basically showed that the trends for coffee farms in the Kona area are getting larger between five and ten acres. CHURCH: Right,so this might be on the small side,is that correct? KAY: Yeah --. CHURCH: Okay. KAY: -- I believe the CTAHR study said most small farms are roughly 1.67 acres and under 10,000 dollars in sales. And according to, I think it's the federal Department of Agriculture,those aren't considered commercial farms;they are just considered, and so anything above 10,000 dollars a year in sales are considered commercial,and those tend to be on the larger side,roughly six acres or larger. CHURCH: You know,it's also cited that"a single-family dwelling located on and used in connection with a farm ... or where agricultural activity provides income to the family ...." So the fact that this application was for single-family homes is something which is by policy not supported. Suppose the application did not say that at all,suppose that the application simply said I want to subdivide the property so that my daughter can have an independent commercial agricultural operation,would that have affected the way you review this whole thing? KAY: I imagine so, yeah. I mean we look at the application--. CHURCH: Is it possible that somebody could reapply with that? KAY: I suspect, yeah,certainly we can take a look at--. CHURCH: All right, thank you. KAY: --commercial operation. 4 BEAUDET: Commissioner Whittemore. WHITTEMORE: I'm just curious. Could you geographically define for me where the Kona Coffee Belt is? It just seems like a broad brush. KAY: Yeah, you know, I apologize. It's in the 2012 study. The General Plan isn't clear. But I believe it starts at 3,000-foot elevation and goes mauka. It's a band--. WHITTEMORE: I'm curious about the north-south boundaries. KAY: Yeah, I can get the information to you; I don't have a copy of the study right now,but we can try and find that and get it to you. But I believe that,because it's for both North and South Kona,it is quite an extensive band going through both Districts. WHITTEMORE: And so I'm assuming that the Department is treating that as sort of,the boundaries in which these kinds of requests, if they fall within that, then they have to,they almost have a negative,immediately a negative connotation with approvals of subdividing. KAY: Relative to the policy or course of action for protecting Agricultural,or Important Agricultural Lands,in the Coffee Belt,yes. WHITTEMORE: Okay. If somebody had approved water to accomplish—I know that the water is a question mark because there is nothing firm in place, although the Water Department has acknowledged availability—does that negate,still,the fact that it's in the Coffee Belt area? KAY: So water is one of the things that we look at--. WHITTEMORE: One. KAY: -- as part of the overall,more comprehensive policy analysis,right. So we don't just look at water as the main driving factor;it is a, it is a factor certainly,but,again,the criteria is conformance with the General Plan and also does it create a more appropriate land use pattern. And when we look at changes of zone,we do look at,you know,where have there,where is,has there been a precedent set,and so we are not just looking at this subdivision per se,but really kind of more the surrounding land areas. So should others have water and come in and say,hey,you know,we granted a rezone here,let me try and do it,then we have to look at that as well. So, you know, we are taking a more comprehensive view when we look at changes of zone. WHITTEMORE: Okay,thank you. BEAUDET: Commissioners, any other comments for staff? Questions? CHURCH: Yeah,I'm sorry,but I just wanted to get clarity on something here,and that is that it seems to me that the applicant's forthrightness on what they intended to do with this has actually compromised their application somewhat,and that either by leaving out what they intended to do or 5 designating something else,because the area,surrounding area has a lot of single-family homes, might have actually resulted in a different evaluation. Is that possible,or am I just off-base? KAY: Well, we have to look at the application based on their representations made in the application--. CHURCH: I understand,thank you. BEAUDET: Chris,I just wanted to have a little bit of more conversation on the reference to the Kona CDP. Importing from it you have mentioned"consistent in scale with the transfer of lots." Can you just add to that? What is"consistent in scale?" What-? KAY: You know,I don't know the answer,I'm not sure what the intent of the particular language was. BEAUDET: Is it scale in accordance with surrounding properties? Is it scale to a number of family members? What is the scale? KAY: I'm not sure. Do you have stuff on that,Jeff? DARROW: It appears the intent was to allow further subdivisions specifically for family members. So it has to have to do with the particular concept. It's just difficult because, again,dealing with what Commissioner Church is saying,if the applicants would have come in and said we are subdividing to do commercial agriculture;most people don't come in to create smaller lots to do commercial agriculture. It's clear the intent here is to create a smaller lot to have a house for an additional family member. So it's just how we look at the overall picture. And,again, setting a precedent here, it's not just in the current subdivision,it's going to affect the entire area. And by allowing one-acre lots in this area could create some pretty high density in an area that's lacking in infrastructure in this area; not only just with water but also the roadways are tough in this HOlualoa area,mauka area. BEAUDET: Any further comments or discussions with staff,Commissioners? I'd like to call the applicant up,with that. Thank you,Christian. C. LIPPS: Good morning. BEAUDET: Good morning. I'll have to swear you in before we proceed, so if you both could just raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Leeward Planning Commission? APPLICANT: Yes. BEAUDET: Thank you. So if you both could just introduce yourself, and speak into the mike for recording purposes. C. LIPPS: I'm Charles Lipps,and my wife-. 6 J.LIPPS: I'm Janet Lipps. BEAUDET: Good morning. Did you receive the Planning Director's background report and recommendations? C. LIPPS: Yes, we did. BEAUDET: Thank you. If you could just proceed with your presentation. C. LIPPS: Okay, I'm going to try to set this[mike]on the table. So I'm a little nervous,so please forgive me if I stumble a little here. But I will,we are here today because we would like approval to subdivide our three-acre lot into two one-and-a-half-acre parcels. And I have read through the Director's unfavorable recommendation, and I will as quickly as possible address the concerns. And I have,besides reading the Director's recommendation and his report, I have also spent a lot of time reading the 396-page General Plan in an attempt to better understand its goals and policies. So with regard to the Director's specific concerns,one of the things stated was the change of zoning is not consistent with the goals,policies, actions in the General Plan and would not result in an appropriate land use at this time. First thing I'd like to focus on is the land use. The Director states, "Important agricultural lands shall not be rezoned to parcels too small to support viable farming." So if viable farming means economically viable,then I'm unaware of anyone in HOlualoa that has a viable farming unit. It kind of goes back to what Commissioner,on Ag-3,what Commissioner Scott was talking about. I've been told by numerous people there that a minimum of five acres is required and even then it's not possible unless the land is already paid for or you have a leasehold with very low monthly payments. The reality is that the existing land costs and paying a fair wage to these workers make viable farming impossible. I would much rather farm my land for income than what I do,but I would go bankrupt doing it. There is, I can't,I can't make money,I can't make money needed to do that. So,my grandfather,he was a farmer in Indiana,and I spent many summer months out on the farm,so I appreciate farming and,but there is no way that viable farming is possible on my land in my opinion. The Director goes on to state that zoning requests are reviewed with respect to the General Plan, district goals,regional plans,and the other stuff stated by Christian. But one of the other things mentioned several times in that response was, "requested zoning in accordance with the existing or projected needs of the neighborhood"and "zoning requests shall be reviewed with respect to ... public needs." I strongly believe that one of the greatest public needs in West Hawaii is public affor-,is affordable housing. So 95, according to what I've learned on the General Plan,95 percent of the Big Island is currently zoned conservative,Conservation or Agricultural land,and with that comes restrictions. So we have two adult children and three grandchildren living here, and they all rent. One-bedroom apartments in West Hawaii here right in this immediate area are 1,000 to 1,300 dollars a month for rent. So it's very expensive for them to live here. And it's impossible for them, when they are making 20 to 40 dollars an hour,to pay this kind of rent,pay everything associated with trying to have a young family,and then save ten to 20 percent that they are going to need for a down payment on land. They can't do it,there is just no way that they can do it. So the General Plan states that"the proportion of the resident population requiring some assistance in purchasing a 7 home will continue to increase." And the North Kona profile in Section 9 states,"In the North Kona District,housing problems for the low and moderate income groups have been particularly acute." So in my application, I noted that providing,or their approving,my zoning change request will provide me the option of providing a build lot to one of our adult children. So this is really what it comes down to for us. The CDP allows for rezoning of areas currently zoned Agricultural, which"allows only a small number of additional lots,consistent in scale with the transfer of lots to family members." And that, you know,that,consistent in scale,that is something that probably needs to be further determined,it sounds like. But it appears that the CDP recognizes the need for additional housing and made the provision for family to help family. And if my request doesn't stay within those guidelines,I don't know what does. So, yeah, I guess I,the Director acknowledges the"transfer of lots to family members"in the provision,but then states the same policy was intended to prevent the rezoning of agricultural property to allow agricultural subdivisions where the primary objective of the lot owner will be to have a residential estate. So my property is on Hiona Street,which is Keopu,it's called Keopu Heights. This has long ago been established as a subdivision of residential estates within an agriculturally zoned area. I believe approving my zoning request will do nothing to negatively impact the agricultural use within the subdivision or the outlying area. I live in a residential neighborhood where farming is more of a novelty than a way of life. People on that street,they are not farmers. There are 35,there are already,of the,there are 35 one-acre lots already on Hiona Street,and five more adjoining mine directly to the south are between one-and-a-half and one-half acres. There's many other neighborhoods and properties like ours already established on the slopes of HualAlai within the Coffee Belt. So I believe approving our request would not set any new precedents. The General Plan acknowledges that"agricultural lands are being sought for rural/residential estate use,"and that"agricultural land values have risen beyond their fair value for agricultural purposes." I purchased my property in 2004 for 425,000 dollars. There was no agriculture growing on it;there was only cane grass,like six-foot high cane grass. Today there is avocado, we have white pineapples,lemons,limes,guava,bananas,grapefruit,oranges,we grow tomatoes,and this year our first harvest of lychee are on the branches. We do not sell these fruits; we give them away. We have planted thousands of beautiful plants,some native,on what was once nothing but overgrown cane grass. I would argue that the blanket policy that residential development within agricultural zoned lands is unfavorable,needs to be reconsidered and looked at from a different perspective. Many new residential properties on agricultural zoned lands now have more agricultural growth on it than before it was developed. Ours is one of them. The Director noted that I did not indicate that the agriculture listed above that we grow"are being sold to the extent that it would establish a viable farming activity on each of the subdivided properties,"and in the next sentence wrote,"the application does not indicate commercial agricultural plans for the newly created lot." I've already said I'm convinced that viable farming is not possible there on any three-acre parcel, with land and labor costs of what they are up there. There is no form of commercial agriculture we can do there that would pay our mortgage. My wife Janet and I,we work 60 hours a week. We go to work every week to pay our mortgage. We can't afford to not go to work;we cannot afford to farm. I was not aware that any commercial agricultural plans were required with our application. What I can tell you is if my zoning request is approved, I intend to invest in hydroponic farming equipment and, with my son-in-law, try to make 8 it a worthwhile venture. But I have no desire or intent to sell what we grow; it will be given away freely to others as it is now. While our property may be classified as Important Agricultural Land, I can tell you the soil on our property is far less than desirable in many areas. There are shelves of solid blue rock on our property. According to the report,the soil there is rated C,or Fair,and E, Very Poor,by the Land Study Bureau Detailed Land Classification System. In addition,the USDA Soil Survey stated this type of soil is used primarily for grazing and orchards. This is one of the reasons why hydroponics interests me. Grass grows now where we would like approval to subdivide. The Director also discusses,and Christian spoke about it, about the Coffee Belt and most of coffee is grown on five-to ten-acre parcels,with a significant amount of new coffee planted in fields of twenty acres or more. Our mauka neighbor,Bob Trubell,he planted approximately one acre of coffee about six years ago,and about,what was it, two,three years ago the coffee,the beetle borer became an issue,and two years ago Bob cut down all of his,all of his coffee trees. So I don't have any desire to grow coffee,but I support the people out there that do by buying theirs. The Director also addresses his concern that my zoning could set a precedent should other property owners desire similar changes. So mine is only one of three parcels on,up in Keopu Heights that is not, that is not part of the Keopu Heights Neighborhood Association,so by that we are not bound by their restrictions, their CC&Rs. So I believe that the CC&Rs already keep them from subdividing. But most of,ours are the only three lots that are rectangular in shape; all the other ones that are part of the Keopu Heights Neighborhood Association are basically all three-acre square parcels at the top,those fifteen. And what they did was they put their houses, which I would have done the same thing,right in the center of the parcel. So I seriously doubt any of those people are going to try to subdivide their lot because they already have the house right in the center of the parcel;they would almost have to tear down their house to subdivide it to make it useful. And just to the south of mine there is,like I said,there is,even if I split,even if you would give me permission to split mine now, my parcels would be no smaller than the ones already adjoining mine. We've already spent thousands of dollars and hundreds of hours working to get where we are today in this change of zoning application. I believe the lengthy and difficult process and the related expenses already deters most people from submitting an application. But I am an optimist and I believe this is worth our time and our effort. I think it's worth the, it's worth our efforts and we have a lot at stake here, I mean,your decision today is very,very important to us. I understand and agree with protection of important agricultural lands as stated in the General Plan and the Director's recommendation. I'm not someone who wants to pave paradise and put up a parking lot. In 2012 I was awarded the Puala Award for Environmental Awareness by the Kona-Kohala Chamber of Commerce for our reconstruction efforts after the tsunami at King Kamehameha's Kona Beach Hotel. I'm a commercial general contractor. There we worked very closely with Tommy Hickcox who is president of Ahuena Heiau, and Tommy was very patient in teaching us the history,the culture and the protocol to follow while dealing with the aftermath of the tsunami,and trying to repair the beach and the rock walls and all the area out around the heiau and all that. We learned about iwi, and the whole new aerie was built to intern those in that. So we 9 have a tremendous amount of respect for Tommy Hickcox and this experience gave us a much better understanding and appreciation for the `aina. According to numerous sources,roughly 47 percent of Hawaii County is zoned Agricultural. Every day I drive on MAmalahoa through thousands of acres right up there that are zoned Agricultural that sit vacant and unused. In my opinion the reason so many acres of land within the Coffee Best sit idle is because it's not economically viable. You can look at solar now;PV is now economically viable and it seems like everybody and their brother is getting solar panels. I believe that if, if farming and agriculture were economically viable in the area where we live,the slopes of HualAlai would be filled with activity. But they are not; the land sits idle. Queen Lili`uokalani Trust has 1,188 acres in the Coffee Best near our home. While these lands sit vacant,while these lands that sit vacant may be being preserved for future agricultural use,it could also be argued that I and others have planted and grown more fruits on our small parcel than those with hundreds or even thousands of acres that sit idle. Coming from the mainland nine years ago, my initial and primary appeal to Holualoa was the,was the climate that allowed us to live without a furnace or an air conditioner and the views of the ocean. Since then we've come to appreciate the agricultural aspects of HOlualoa. I,now I know how to cut bananas without ruining my clothes. We enjoy giving our apple bananas and white pineapples. Those seem to be the prized,prized fruit from up there. People, we love,we enjoy giving the stuff away. We never ground, before we moved here,we never ground our coffee;now we never have coffee without grinding it. We treasure Mr. and Mrs. Komo whose, her lot is to the south of us there,and their historical general store that is very close to us. We see how hard these coffee pickers work and the coffee shacks many of them live in. We respect these people and we are not trying to change,change them, the area or the culture. We love Holualoa and this is our home. We want our children and our grandchildren to live here. In conclusion,I believe we need to find balance in our efforts to protect the `aina and at the same time"promote the general welfare and prosperity of its people,"which is stated on the front page of the Planning Department website. I guess my question would be why can't there be zoning that allows small residential subdivisions to co-exist within these large agricultural zoned areas? But the truth is,in my opinion,our property is already located within a residential subdivision that happens to be zoned Ag land. So approving our change of zoning request will have no negative impact on the existing cultural conditions within the Coffee Belt. It will have no negative impact on our neighbors. What approval will do is allow me and my `ohana to prosper together while living in very close proximity to each other in what we consider one of the most beautiful places on earth. I promise we will continue to treat the 'aim with respect and teach our grandchildren the value of growing fruits and vegetables on our own land. We will continue to pay it forward and help others as we have been helped. The Director noted he "reserves the right to modify and/or alter this position based upon additional information presented at the public hearing." And I hope my testimony today has helped, convinced you and the whole Commission here to issue a favorable recommendation. Thank you. 10 BEAUDET: Thank you. Thank you for your comments. Commissioners,any discussion or questions of the applicant? SHIMAOKA: I have a question. And this may be, I'm fairly new on the Commission,Duane, what's the chances are of allowing exceptions to the rule? NOBRIGA: [Inaudible]. SHIMAOKA: Yeah,I realize that. But considering the fact that,like what he stated,that the lots that surround him,you know,are in the middle of their properties. So,I'm just throwing it out, as far as how much can of worms this is going to cause us. KAHOLO: I get one. You stated that there is a CRC in place with the other lots in your statement here--. BEAUDET: You know,Commissioner Kaholo,it probably would be good for the Director to address Sonny's first,and then we can go from there. KANUHA: Thank you,Commissioner Shimaoka. The way I understand your question is,I'm going to answer but basically saying what we provide you is a recommendation,okay,so based on what we provide you,based on what the public testimony is presented to you,then the Commission can make a determination whether or not to accept the recommendation or provide a contrary recommendation,okay? Either way,our recommendation and the Commission's recommendation, it goes up to the County Council and they make the final decision on the matter. BEAUDET: Go ahead,Commissioner Kaholo. KAHOLO: Okay. Yeah,in your statement I see you had some CRC for properties above you. Okay. Now,is it fair that we say yes to you and those guys can't because you already got it in their paperwork? C.LIPPS: I believe that if someone wants to subdivide their--. SAUER: Please use the microphone,I'm sorry. C. LIPPS: Oh,I'm sorry. I believe that—that's a good question, I haven't really thought it through per se so much outside of my own situation,so I see where you are going—but I believe that if someone has a property that's allowed to subdivide according to this, you know,what I understand is for a family member,then that meets the intent,because I believe that land is so expensive that these,a lot of these young people,they are never going to be able to have a place. KAHOLO: Tell me, I live in Kohala and Kohala is expensive. C. LIPPS: Right. It's,they don't stand a chance. So,I don't know,it's a big-picture problem that there is no real simple answer. One other thing I forgot to mention, too: I know there were three letters of opposition,but I also had,it should be mentioned,I had eight letters of support from--. 11 KAHOLO: Yeah,I've seen that inside your,yeah,yeah. But, see,the question I have in back of my mind is those people's hands are tied versus yours,you know. Our decision based on,okay, what is fair? Now,is it fair that we give you what you want,and the other guys already got the CRC in place,you know, they can't do anything because of what was in place when you bought those properties. C. LIPPS: Right. KAHOLO: So,you know,now,we've got to make the decision now. Is it okay for us to say yes to you,and the other applicants we say guess what,you've got paperwork in there,you can't do anything with it. So, you know,we need to be fair on both sides. C.LIPPS: Right,right. KAHOLO: You know,whether it's fair to above your lot and yourself. C.LIPPS: Right. KAHOLO: That's a question we've got to,that's an, I mean,answer we've got to come up with within the Commission itself. So,you know,that's where I'm coming from. C. LIPPS: Right. But anybody that purchases property with CC&Rs,before they enter into the purchase agreement,they have the opportunity to read through that,and if they are not willing to accept those conditions,then they should not buy the property in my opinion. KAHOLO: No, I agree with you 100 percent there, you know;it's a choice that they make when they approach, you know,the sale of the property,you know,that is in place,you know, you can't do anything about it. But,you know,what we are looking at is because,one of the items there is the CRC,the other thing is concrete;once you get it down,you never can get it back up because what, agriculture is going away. Look at Honolulu. They are doing all that. You know,affordable home, like you said,everybody need homes. But,guess what,eventually,we are going to need the land to plant to take care of the people,and that is one other question that,you know,I have always in the back of my mind,which is I,we've got to take care of those lands. Once we lose the portion,it's gone. C.LIPPS: Right. KAHOLO: Okay,that's all I have. KAY: No,no,it's okay, actually, this may help clarify that a little bit. I did ask Mr. Lipps, if he could,to locate a copy of those CC&Rs. Not sure what the extent of the Keopu Heights Unit 1 is, however, the language relative to subdivision says that"All times during the period these restrictive covenants are in force and effect. No subdivision lot shall be subdivided into any lots smaller than one acre in size for sale or lease and any such subdivision shall conform with applicable governmental regulations." So this is saying that it is still possible to subdivide in those other 12 three-acre lots but just no smaller than one acre,so there would be a limitation there according to this document. And I can pass this along. BEAUDET: Let me just interject,okay? So we are talking about CC&Rs that are not related to the applicant. KAY: Correct. BEAUDET: So the CC&Rs of a neighboring subdivision shouldn't factor into our decision;our focus should be on the regulations and the restrictions that guide us to make the decisions that we make here, not the restrictions on neighboring property. They bought into that knowing that,and it shouldn't influence our thought process, yeah? Okay, I mean we have in black and white what guides us to make the decisions and the recommendations that we have here,okay? CHURCH: I agree with what you are saying,but I would like to make a comment with regard to the fairness question,which was raised by another Commissioner,which I think was a good point. However,with the CC&Rs, I want to point out to the Commissioners that it will be possible for people within the subdivision to modify those CC&Rs. And with unanimous approval,I haven't read the CC&Rs myself,but there is a mechanism that these people could change the language of the CC&Rs to modify it,so the subdivision,so I think that the issue of fair play in my,in front of me, is not really a factor because there are ways to level the playing field,if everybody wanted to do that. KAY: One more thing to clarify:These CC&Rs were given to Mr.Lipps when he bought the property nine years ago. So they may have changed in the interim. But just to clarify that. One more thing,Mr. Whittemore, I did find the CTAHR finds the Coffee Belt as 700 to 2,000 feet in elevation,20 miles from Palani Junction to Pu'uhonua Road; so it's a 20-mile strip from 700 to 2,000 feet elevation. BEAUDET: I have one question for staff,maybe Jeff. But adjoining properties,the lots,yeah,to the bottom of the photo,you know,they look like they are one acre or less. Do we know when the subdivision took place? KAY: Yeah,we,thank you,Mr. Chair,yeah,we did do some research on that at the applicant's request based on the differences in lot sizes that don't conform to the zoning. It looks like the half-acre lot right here that's zoned Ag-3 but is roughly 0.51 acres,was created in 1958 prior to the adoption of our zoning laws in 1967,and it was also covered under the subsequent change of zone. This whole area was Ag-5,the zoning was changed to Ag-3 in 1972. These other five lots here that area zoned Ag-5,but obviously smaller than five acres in size,were created through a parcel consolidation and resubdivision process in 1990 and 1993,respectively. The process doesn't require the resulting lots to meet the minimum parcel size requirements in this case, Ag-5. So, yeah,the applicant's parcel,this subdivision here,the three-lot subdivision,was done in 1989,and they were required to meet the three-acre size limitation. 13 Okay,and down here this particular Ag-1 zoning was put in place at the same time that the Ag-3 zoning was put in place, so this whole section here was rezoned at the same time. So the makai area here that's Ag-1 looks to be roughly one acre in size parcels as well. We went back and looked at the file,the rezone file,back in 1972 to see if there was any justification as to why they did it that way; there really wasn't any in the analysis or in the transcripts from the meeting. BEAUDET: Commissioners,any further comment or discussion? I'd like to ask the applicant if you want to comment on any of the discussion that we had here. C. LIPPS: Yeah, I would just like to reiterate that there are 35 --. SAUER: Microphone,please. C.LIPPS: Oh,I'm sorry. There are 35 one-acre lots at the makai end of our street,so,it's, I just don't feel like subdividing that is going to have any negative effect on the neighbors to the south or anywhere. That's our opinion. KANUHA: Mr. Chairman,I had a question for the applicant. Is your real property taxes based on being agriculture or residential or what is it? C. LIPPS: No, I think, I don't know what it is—oh,I'm sorry—I don't think we claim agriculture at all;we pay like,it's over 6,000,almost 7,000 dollars a year on property tax, and going through all these maps around me, I seem to pay a lot more taxes than other people,so. I know we pay over 6,000 dollars a year,almost 7,000 dollars a year on property tax now. KANUHA: Okay,thank you. C.LIPPS: So I don't think we get it. BEAUDET: If there are no further comments or questions for the applicant,we can move forward. Thank you. Thank you for your presentation and your comments. Okay,if there is anyone in the audience who wishes to testify? Would you please sign in on the sheets of paper behind prior to coming up? Would you please raise your right hand? Do you swear to tell the truth now and before the Leeward Planning Commission? ZWICK: Ido. BEAUDET: Could you please state your name, and speak clearly into the mike? ZWICK: Vera Zwick. And I live on an adjoining property,the little one that's three quarters of the neighbor,third one down. I bought in 1994, 1995, and I understood the place back of me would never be subdivided,so I bought there. Now, on his property it shows that he has a big garage right next to the house. There is also--. SAUER: Excuse me,ma'am,could you hold the mike closer. 14 ZWICK: Oh,hello? Also,the property down below is a big garage with two hobby places;well, they are not mainly used for hobby, I believe. He has an office in the King Kam and then all the supplies and building materials that he needs are put there,and there is big truck traffic going to his property. I personally don't believe that he is going to build a house for his daughter because I've seen her, and he's not real nice to the kids. So what child would want to live within a stone throw of the parents? I believe that he wants to build a house and make money, and then it will be not of classy house,either. Knowing--. BEAUDET: Excuse me, ma'am? Ma'am? The purpose of having testimony is to express your support or nonsupport of the application. And so I would prefer that we just state that rather than state beliefs or make character references. ZWICK: Okay,well,who do you know builds a huge garage and two offices,one on each side of the garage? BEAUDET: Testimony is fairly simple;do you support or not support the application. ZWICK: I do not support. BEAUDET: Thank you. Would there be any other people in the audience wishing to testify? If you want to respond to the comments,then I'll ask you to come back. C.LIPPS: I would like to respond to that. My offices are on the ground floor of the King Kam Hotel. I sent stuff to Christian, telling him that I can send you copies of my leases;I lease warehouse space at Power Storage on Kuakini. We do not operate our businesses up there. Christian, unknown to Ms.Zwick is that Christian came to our place,he walked through these buildings,and I believe he will testify that we are not conducting business up there. As far as the stuff with my daughter, that's, I don't know,I won't even address that other than I just want to also mention that it should be noted that I believe Ms.Zwick has a personal agenda here because in 2004 she plead guilty to a class B felony that she committed on my property,and as a result of damaging very large monkeypod trees,she agreed to pay me 27,500 dollars to,for the removal of those trees. So I think you've got to take her testimony with a grain of salt. Thank you. BEAUDET: Being that there are no more members of the audience wishing to testify, I'd like to ask the Commissioners for a motion to close this public hearing portion of the meeting. SHIMAOKA: I move to close. BEAUDET: Is there a second? WHITTEMORE: Second. BEAUDET: All those in favor? COMMISSIONERS: Aye[unanimous]. 15 BEAUDET: Thank you. With no further discussions that I'm aware of, I'd like to ask the Commissioners for a motion to action. KANUHA: Mr. Chairman? BEAUDET: Go ahead. KANUHA: Before the Commission either goes into further discussion or,you know,for their consideration on this particular application,I want to make a couple of comments in regard to this application and just planning in general. On its face, you know,given the existing surrounding neighborhood that this application is in, it didn't look like supporting this rezoning would,you know,be adverse relative to what the applicant is proposing to do. Nevertheless,though,our responsibility is to take a look at the impacts,land use-wise,to the larger area involved here. And basically the difficulty here is to reconcile past planning decisions,right,based on whatever information they had back then,to the current planning situation we are in;we compute into what we need to look at in terms of a long range viability and sustainability of the area,a whole lot of other factors,okay? So the information that was available or the thought process that was utilized when this area was rezoned,you know,way back in the 70's,the only document back then for guidance actually was probably the General Plan, and the General Plan just got on board at that time. We fast forward to today,we have a number of other planning documents that we utilize as references when we come up with our decisions. And the recommendation we are making today is not specifically based on nonsupport of what the applicant is attempting to do;our recommendation is based on our responsibility to look forward in terms of,you know,potential land use,because we've seen,and I think those of you who have been involved in commissions like this in the past, that precedents always is there. And it's tough to draw the line in terms of where, you know,where the line gets drawn because of a particular denial or particular recommendation of a specific application. Unfortunately,a lot of us don't go any further, I guess,than looking at the colors on the zoning map, you know,and seeing whether or not there is consistency adjacent to that;whereas in the real life situation what we have to look at is,you know,traffic impacts,and in this case water may be, you know,a potential issue for other projects going forward. Again,nevertheless,we can provide as much information to potential applicants,surrounding properties in term of what they may or may not want to do. And when that application comes before us,that's when we have, you know,other resources that we can make a decision on. So again,this is not a deal-breaking situation. What we are starting to see is that,not only in Kona but also on the east side of the island, is situations real similar to this,you know,fringe applications for down-zoning,which have about pushed the limits of infrastructure capability,primarily water,and that is basically why we are taking the position that we are taking on this. Again,it's a recommendation to the Commission. Do realize you are not professional planners and that's your role; your role is to bring to your decision-making the particular skills that you have being on the Commission,right,community people,retired folks, you know,different kinds of perspectives. So, you know,with that, that's kind of what I'd like to leave you with. It's not a professional versus a personal type of recommendation. We recognize your role and we recognize what you bring to your,to the decision when you make it. And again,what we are doing is giving you our recommendation based on our responsibilities to always be looking forward and to ensure 16 that-. Essentially,the Commission or the Council,by not having the proper information to make a recommendation,ends up making a decision that could impact subsequent decisions,is basically what I'm saying. Thank you. BEAUDET: Thank you for those comments,Director. It brings a lot of stuff into perspective for us, I believe. Commissioners, any further discussion before moving for a motion? CHURCH: I would like to make a motion. BEAUDET: Are you going to have a comment or are you going to make a motion,Commissioner Unger? UNGER: Well,go ahead and hear the motion,because we can continue our discussion--. BEAUDET: After. UNGER: --after the motion. BEAUDET: Yeah. UNGER: Okay. BEAUDET: Okay. Okay,Commissioners, I'd like to ask for a motion to action. CHURCH: I'd like to make a motion. BEAUDET: Just speak in your mike,please. CHURCH: I move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone,Docket Number REZ 15-187,for the following reason:The application overall in my opinion is not inconsistent with land use,zoning and other State and County policies and statutes. BEAUDET: Ask for a second. W HITTEMORE: Second. BEAUDET: It's been moved for a favorable recommendation by Commissioner Church and seconded by Commissioner Whittemore. Discussion or comments before we move to a vote? UNGER: Comment. BEAUDET: Okay. UNGER: Thank you, Director Kanuha,for your comments,and I agree with those comments. The situation before us is not black and white;it's about interpreting the plans that we have in front of 17 us. And a few things that resonate with me,number one,is what sort of precedent are we setting, and if this is approved,certainly other landowners can come in under the same situation,apply for rezoning and expect to get rezoned. But if we look at this,and that again is in the backdrop of what is our community development plan,what is our future,what are we looking at in the future,the backdrop is agriculture. I know the Community Development Plan is really heavy on the Coffee Belt,and I appreciate that. Kona coffee is synonymous with Kona. It is important that it gets the recognition, and in every instance when situations come up, Kona coffee should be protected. Those agricultural properties should be,the coffee industry absolutely should have a priority in that kind of thinking. So if this subdivision is approved,the precedent I see setting is that you are in a residential estate type subdivision now where right now the public utilities are there. Public Works signed off,Water signed off, it is not restricted through CC&Rs,there are other half-acre lots in the neighborhood with three-acre lots, with five-acre lots; so actually,by approving something like this I'm okay with the precedent. The precedent says if another property falls in this category,then it probably should be approved. If it's outside,and again,this is a difficulty of our Commission and the Planning Department and the public how,we have the General Plan,how do we balance the General Plan with real life situation,what is actually on the ground. Will this impact the coffee industry? Probably not. If they want to grow coffee on their property right now,they would or would not,if this goes in to three one-acre lots,which it could,regardless of if they pass it on to their daughter or not,would this impact the coffee industry? I would say someone could do a half-acre coffee on each of these lots and really not impact the coffee industry. So,again, it's balancing the General Plan with specific situations,and in this case I believe that a rezoning is in order. So,thank you for this opportunity. BEAUDET: Thank you,Commissioner Unger. PATEL: Okay,so just picking up,before we get to the vote,if a favorable recommendation passes, we would need to continue the Commission's decision on the Findings of Fact,Conclusions of Law;so we would need time to prep that. So if the Commissioners could elaborate perhaps a little further on specifically, you know,what they are looking at as far as the General Plan,that will give us the insight we need to be able to prepare the Findings of Fact necessary. And I would suggest,if you look at the Planning Director's recommendation,you know,some of the requirements are outlined,so if there is anything in there that you don't agree with,it will be helpful,you can point that out. If there is anything else,point that out as well. [Secretary's note: Commissioner Nobriga left the meeting at this time, 10:45 a.m.] CHURCH: I think that,I read the recommendation by the Planning Department and I read carefully the applicant's response to that,these things are,as the Planning Director said,interpretive and there's some subjectivity to this. Whether the applicant's application is in conflict with any specific provision that was brought up by the unfavorable recommendation, I found very difficult to find;it was subjective. And I found that the response both orally and in writing by the applicant was compelling. I,without having to go through every one of those points that was raised, I don't think the Commissioners want to hear it again,I found that overall,as I said,I did not find enough definitive conclusions on the part of Planning Department to disapprove this application. So I would recommend that you go back and take a look at these specific counterpoints that the applicant made for further analysis and comment. 18 DARROW: Mr.Chairman? BEAUDET: Yes. DARROW: Question. This question would be for Counsel. Just a request for clarification how to proceed in this manner. This is similar to a situation we were in recently in Hilo. We have two options: One is to hold the vote and prepare proposed Findings of Fact,Conclusions of Law and Decision and Order,with conditions,to allow the Commission to review that,and request any changes prior to taking the vote;or,they could also take the vote today to see if the actual vote passes,and then again prepare Findings of Fact,Conclusions of Law,and conditions,and then come back and approve the report. So if you have a suggestion which way to go. PATEL: Yeah,my suggestion would be to, since there has been a motion and a second,to postpone the vote,we could prep the Findings that would be circulated to the Commissioners,and then the action and the vote could be taken at the next meeting. Then you will have specifically what you are looking at,or,you know,the recommendation specifically in front of you. DARROW: Thank you. Also,just for your information,Commissioner Nobriga had to leave,but before she left,she did present us with her vote. So when it's time for her vote,we can place that on the record. PATEL: And just to follow up,if it's going to be postponed to allow preparation of the Findings, then we would need a motion to postpone, to defer until the next meeting. BEAUDET: Commissioners,if there is no discussion on the options that were presented by staff, I would like to ask for a motion. CHURCH: I'm sorry to be the troublemaker here. I think that the Planning Department's unfavorable recommendation was very well written and very comprehensive,as did I think that the response by the applicants was,too. And those were,they were read by the Commissioners,which I believe they were,and understood fully,and I would be in favor of taking a vote now; I don't,I'm not sure exactly what else can be brought to our attention at the moment, which would sway my opinion. So to that extent I just give you,Mr. Chair,my position,and respect what you decide to do. BEAUDET: Also for consideration as we move forward,given the situation that we are in now, you know,when the Findings and the conditions come back,would we have to vote again on the conditions as written,if we were to change the recommendation? KAY: If I understand your question correctly, if you were to defer and wait for us to prepare a favorable recommendation with conditions,then,yes, you would have to vote on that at the subsequent meeting. BEAUDET: So a vote today,rather,if it's in support of a favorable or not in support of a favorable recommendation,or the motion as stated,how does that impact the conditions--. 19 KAY: Well,because we--. BEAUDET: --if we were to change the, yeah. KAY: Because we recommended unfavorable,we did not prepare any conditions of approval,or favorable conditions. So we would need the opportunity to draft standard and application-specific conditions. KANUHA: Mr.Chairman and Members of the Commission,in essence what we would be doing is we would be providing you a favorable recommendation with,there is a number of standard conditions that go along with favorable recommendations,so those standard conditions would be included for your consideration,as well as,you know,any applicable conditions that apply just to this specific application. So if you postpone the vote today,then at your next meeting what essentially you would have is you would have two recommendations,okay,one unfavorable and one favorable,and then I believe at that time you,you know, you can call for the question and the vote will go whichever way it goes. But at least from that standpoint you would have both sides of the arguments prepared for you. BEAUDET: And if we voted in favor of the motion today,then we wouldn't have,or all we would have for consideration would be the new recommendation with conditions. KANUHA: Well,if you--. BEAUDET: I mean,the motion stands,right? KANUHA: But there is a motion on the floor,but the motion is in support. What you have in front of you is a recommendation,is an unfavorable recommendation,and because the recommendation is unfavorable, you know,there is no conditions--. BEAUDET: Correct. KANUHA: -- going forward. So like Jeff mentioned,there's two ways to go about this, and I think what your counsel is recommending is that you vote to defer action on this,knowing that there is a motion on the floor for a favorable recommendation,defer on it, we will come back and provide you with a favorable recommendation,standard conditions and specific conditions of approval relative to this specific application. And when your next meeting,at your next meeting you'll have two recommendations,and at that time there's a motion on the floor;you can either go with the motion,there may be a new motion that can come up,but it's basically a clean slate. But the indication is,or the direction is,for us to provide a favorable recommendation for your consideration as well. Does that make sense? PATEL: If I can add,Mr. Chair,so just basically keeping it simple,the bottom line is if the Director's recommendation was favorable,what happens normally under normal circumstances is that proposed conditions would be attached to the recommendation as a standard,because if you are going to do a change of zone,you know,any property owner is not going to have free reign to do 20 what they want. So in other words,in order for us,or for the Department,to come up with the conditions that would be necessary in forwarding the favorable recommendation onto the Council, there is,we need time to prepare that basically. CHURCH: Mr.Chair,as the person who made the motion,I'm supportive of the Planning Director's recommendation to move forward,accomplish the presentation of both a favorable and unfavorable recommendation to the Commission,with conditions, which would be attached, which are satisfactory to a favorable recommendation. I'm supportive of that. WHITTEMORE: Second. BEAUDET: We can,can we use that as the motion? KAY: So it would be a motion to defer? CHURCH: That is correct. KAY: Okay. BEAUDET: Yeah. Commissioners,a second? WHITTEMORE: Second. BEAUDET: It has been moved by Commissioner Church for deferral of a decision on the motion that is now on the floor,and seconded by Commissioner Whittemore. Do we vote,or just all in favor? KAY: I think you have to vote individually. BEAUDET: Okay. KAY: Okay. Commissioner Church? CHURCH: Yea. KAY: Commissioner Whittemore? WHTITEMORE: Yes. KAY: Commissioner Kaholo? KAHOLO: Yes. KAY: Commissioner Shimaoka? SHIMAOKA: Yes. 21 KAY: Commissioner Unger? UNGER: Aye. KAY: And Chair Beaudet? BEAUDET: Aye. KAY: Okay,motion carries,six to zero. BEAUDET: So staff will be working on the second recommendation,which will be the favorable recommendation,and they will be notifying you in the near future of the conditions that will accommodate the favorable recommendation. Thank you. The discussion ended at 10:54 a.m. Respectfully submitted, Norik Sauer, Secretary Leeward Planning Commission 22 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT July 16, 2015 A regularly advertised hearing on the application of CHARLES E.LIPPS,JR.AND JANET S. LIPPS TRUST (REZ 15-187)was called to order at 10:37 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Scott Church, Collin Kaholo, Barbara Nobriga and Keith Unger ABSENT AND EXCUSED: Sonny Shimaoka and Thomas Whittemore ALSO PRESENT: Danny Patel (Counsel to the Commission), Duane Kanuha(Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Jackson (Planner) and Noriko Sauer(Commission Secretary) And approximately twelve people from the public in attendance. APPLICANT: CHARLES E.LIPPS,JR.AND JANET S.LIPPS TRUST (REZ 15-187) Continued hearing on the application for a Change of Zone from an Agricultural-3 acre(A-3a) to a Family Agricultural-1 acre(FA-1a) zoning district for approximately 3.039 acres of land. The property is located on Hiona Street, approximately 1,000 feet west of its intersection with Mamalahoa Highway, Keopu 3rd,North Kona, Hawaii,TMK: 7-5-024:078. BEAUDET: Next item on today's agenda, Charles E. Lipps, Jr. and Janet S. Lipps Trust,rezone application, 15-187. JACKSON: Excuse me, Mr. Chair, I'm not sure whether or not you need to take a vote to defer the hearing [on the previous application, Agenda Item No. 4, RT's Service, LLC (Amend SPP 1247)]. BEAUDET: I believe we don't need to. ARAI: Good morning, Commissioners. As you may recall,this particular application for a Change of Zone for Charles E. Lipps, Jr. and Janet S. Lipps Trust,was presented to you last month on June 18. At the hearing all of you, all of the Commissioners currently present witnessed a presentation by the Planning Department staff, which introduced to you its unfavorable recommendation on this particular Change of Zone application. Accompanying and supporting the position was the Department's PowerPoint presentation, which I believe all of you saw. And with that, I will defer from doing the presentation once again unless the Commission feels compelled to ask that I go through the PowerPoint presentation once again. Re: Bill 79 (Comm. 424) 1 DRAFT As you may recall, after receiving testimony, I mean after receiving the Department's presentation, after receiving testimony from the applicant and after receiving testimony from members of the public,the Commission entered into discussion and voted to defer action on this particular application in order to allow the staff to prepare findings and proposed conditions of approval in support, and what I mean by support, a favorable recommendation on the Change of Zone application. The Planning Director's original unfavorable recommendation is contained on your goldenrod, and I should note that the Planning Director's unfavorable recommendation has not changed; it is still presented before you. And as directed by you, your staff has prepared findings and proposed conditions in support of the Change of Zone application, and that is contained on just the bright yellow sheets that were distributed to all of you. I should note that the recommendation was crafted by your staff based on information presented by the applicant and discussions held by the Commissioners and incorporated within these draft findings for your consideration. Since your meeting last month we have not received any additional correspondence or documentation or information; so I believe aside from the draft favorable recommendation that you have before you, we have nothing else to offer for the Commission's consideration at this time. So with that, I stand ready to answer any questions. But before we get into discussion, we do have a suggestion, or recommendation;because all of the discussions that occurred at your last meeting have been incorporated in the draft findings, we think it would be prudent for you to approve the minutes in order to confirm the information and discussion that occurred, and then once approved, then we can be assured that the information is applicable to the draft findings. So you have to take it out of order, the approval of the minutes I should say. BEAUDET: Okay. Commissioners, I'd like to ask for a motion for approval of minutes of June 18 meeting. CHURCH: I move that the minutes of the 18`h of June meeting, 2015,be approved. NOBRIGA: I second. BEAUDET: All those in favor? COMMISSIONERS: Aye [unanimously]. BEAUDET: Daryn,just for the record, absent from the June 18 meeting was Commissioner Nobriga,but she has confirmed that she has reviewed the notes and the minutes of this application. ARAI: Thank you very much. CHURCH: Mr. Chairman, I would like to withdraw my motion. BEAUDET: Yeah, we can do that, but we'll go through the process first--. CHURCH: Okay, very good. 2 DRAFT BEAUDET: --prior to the motion for action. Any comments or questions of staff, Commissioners? If the applicant or its representative would like to come forward, if you have any further comment after review of the conditions that were presented by the Director,please come forward. Please raise your right hand first. Do you swear or affirm to tell the truth now and before the Leeward Planning Commission? C. LIPPS: Ido. J. LIPPS: Ido. BEAUDET: If you could please just state your name and your address. C. LIPPS: I am Charles Lipps. I live on Hiona Street in Holualoa. J. LIPPS: Janet Lipps, Hiona Street, Holualoa. BEAUDET: Mr. Lipps, you indicated that you did, you had the opportunity to review the conditions as recommended by the Planning Department. C. LIPPS: Yes, yes, I did. BEAUDET: Are you in agreement? Do you want to discuss any of those items? C.LIPPS: There were just a couple of questions I had. I thought about calling Christian,but I thought until we get further into this I wouldn't bother him. I see there is an impact fee, which I don't have a problem with that, but I was unsure whether it's, would there be one impact fee or would you consider, now there's two lots, so there would be two impact fees applicable? That was one of the questions. ARAI: We will apply the impact fee just to the additional lot. We recognize the fact that you have an existing lot of record that has in this particular instance an existing home, so we will not in essence retroactively apply it to your existing home. C. LIPPS: Okay, great. And then the only other thing is if it would be approved,it says the impact fee,in lieu of paying that you can contribute to different things, and it's got a list in here,parks, recreation, fire and stuff like that. So I would like to explore that further. BEAUDET: Upon approval, if you were to go in the direction, then the direction of which you would go would not be confirmed here, but would be on further discussion and negotiation with the Planning Department. C. LIPPS: Okay, great. So that's all I have. BEAUDET: Thank you. There have been four individuals from the audience who wish to testify on this application, and I'd like to call you up all together at one time, so, Barry Friedman, Vera Zwick, Randy Phillips and Robert Trubell. So before we proceed with the swearing in,just in 3 DRAFT respect of time and the opportunity for everyone to speak along with any comments from the applicant or from staff, I would like to limit the testimony to three minutes, if that's okay. Okay, so if you could all please raise your right hand. Do you now swear or affirm to tell the truth now and before the Leeward Planning Commission? TESTIFIERS: Yes, I do. BEAUDET: I'd like to just start with introduction of each of you, starting with you, ma'am, and then we'll go back with the testimony and start. ZWICK: Vera Zwick, 75-5388 Mamalahoa Highway, Holualoa. FRIEDMAN: Barry Friedman. I'm on the same easement road. I have the property just south of the Lipps. TRUBELL: Robert Trubell. I'm on Hiona Street. I am Lipps' mauka neighbor, adjacent neighbor. PHILLIPS: Randall Phillips, 75-5382 Mamalahoa Highway. I'm two houses above the Lipps on Mamalahoa, and I also, my property fronts on Hiona Street. BEAUDET: Thank you. We'll start testimony with you, ma'am. If you can speak in the mike. ZWICK: I just want to say in 1994 when I bought my property, those two properties were not supposed to be rezoned or subdivided. That's it. FRIEDMAN: Again, Barry Friedman. Thank you for letting me witness this today. I came early, talked to the staff, I got much more information than when I walked through the door. I found your book in the back, very informative; it got me up to date. In fact, I found that interesting enough that I'm not sure why this isn't part of Hawai`i Revealed. So—that's the book they sell in Costco—I have had the opportunity to meet the Lipps; they are great neighbors. And basically, while I would rather look out on 1,000 coffee trees, I've got 700 on my property, I understand what they are doing and what they are trying to do. And I look forward to all the information the Commission has, and I think you'll come to the right decision. There is kind of a rile-up with the culture and the way property uses in the agricultural belt,but I understand what they are trying to do with their family. And it will be interesting to see how it all comes out. Good luck. TRUBELL: Good morning. Again, I'm Robert Trubell, and I just want to say that I support what the Lipps are trying to do. My lot happens to be the same size,three acres, and it's really not practical to do agriculture; I had coffee on my lot, I tore it all out because it was too hard for me to do on my own. So I just, again,just want to say I support the Lipps. PHILLIPS: Good morning. Again, Randy Phillips, two lots above the Lipps. I am a coffee farmer. I have 2,000 trees. I support the Lipps' rezoning of their property. I certainly don't have any issue with it. Coffee farming is hard. But I think the tenor of the neighborhood is not going to be changed by having another house on the property, and it certainly would offer, I can see no 4 DRAFT objections from my point of view, and they have been very good neighbors to us. And so I support their application. Thank you. BEAUDET: Thank you all for your testimony. If there are any other members within the audience who wishes to speak on the applicant, please sign up in the back. With that, I'd like to close this portion of the public comment period. Commissioners, any questions or comments? Oh, before we move forward,just for the applicant, if you feel that you need to come and comment after the testimony, if there is anything that you want to clarify, this is now your opportunity. C. LIPPS: No, thank you. BEAUDET: Okay, thank you. Commissioners, any comments or questions of staff? Before we move forward with a motion for action, since this was a carryover from the last and we had ended discussions of this application on a motion, I think it would be best for us to remove the original motion that was made on the original application from the Planning Director. CHURCH: All right. I would move to withdraw my motion that was made at the end of the 18 June hearing, and make a new motion. BEAUDET: So all we have to do is note that Commissioner Church has removed his original motion, yeah, and we can move forward with a new motion of action. CHURCH: All right,Mr. Chair, I would move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone,Docket Number Romeo Echo Zulu [REZ] 15-187,based on the proposed findings and conditions prepared in accordance with the Commission's discussion at its June 18, 2015 meeting. BEAUDET: Is there a second? UNGER: Second. BEAUDET: It has been moved for a favorable recommendation by Commissioner Church and seconded by Commissioner Unger. Any discussion prior to roll call, Commissioners? Staff, if you could proceed with the roll call. ARAI: On a motion for a favorable recommendation, Commissioner Church? CHURCH: Aye. ARAI: Commissioner Unger? UNGER: Aye. ARAI: Commissioner Kaholo? KAHOLO: Aye. 5 DRAFT ARAI: Commissioner Nobriga? NOBRIGA: Aye. ARAI: Commissioner, oh, Chair Beaudet? Sorry, my apologies. BEAUDET: Aye. ARAI: Mr. Chairman, motion for favorable carries with five aye votes. BEAUDET: Thank you, Daryn. The discussion ended at 10:54 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 6 DRAFT