HomeMy WebLinkAboutCOM 0889.000 2014-2016 .OJ+tY•of M . .
Randall M.Kurohara
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Managing Director
William P.Kenoi •:A��� 11
Mayor 'T'z_
' Robert H.Command
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25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
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May 6, 2016
Dru Kanuha, Council Chair ca
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720 co •--
Dear Chairman Kanuha and Members:
SUBJECT: Change of Zone Application (REZ 16-000201)
Request: A-5a to FA-2a
Applicant: Carl and Christine Carlson
Tax Map Key: 7-2-004:027
Amendment to Change of Zone Ordinance No. 03-115 (REZ 1020)
Applicant: Tante Urban (formerly Chrystal T.Yamasaki)
Request: Amendment to Condition C (Time to Complete Construction)
Tax Map Key: 7-5-022:040
✓lanning Director Initiated
Amendment to Change of Zone Ordinance No. 889 (REZ 443)
Request: Delete Conditions C and H and Add New Condition Related to
Permitted Agricultural Uses
Tax Map Key: 6-4-017:023, 064-067,and 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 letters and
enclosures regarding the above-referenced requests.
Sin
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� r
WILLIAM P. KENOI
Mayor
MtranscouncilREZ 16-201 REZ I020REZ443
Enclosures all
Comm. No. 1I
cc: Planning Department Ref. To: r C-
,k�` County of Hawaii is an Equal Opportunity Provider and Employer.
Ref. Date MAY 1 1 204_
�r �•,M�
---------------------
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street.Suite 3 • Ilila Hawaii 96720
WAY -6 2016 Phone(808)961-X288 • Fax 1808)961-8742
Dru Kanuha, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo,111 96720
Dear Chairman Kanuha and Council Members:
SUBEJCT: Planning Director Initiated
Amendment to Change of Zone Ordinance No.889(REZ 443)
Related to Kauakea Subdivision
Tax Map Key: 6-4-017:023,064-067, and 078
The Leeward Planning Commission, at its duly held public hearing on April 21,2016,considered the Planning
Director's request for an amendment to Change of Zone Ordinance No. 889,adopted by the County Council in
1983,which reclassified approximately 28 acres from the Agricultural-40 acres(A-40a)to an Agriculutral-5
acres(A-5a)zoning district. The amendment is to delete Conditions C and H which would remove the current
agricultural use restrictions and instead allow agricultural land uses that are permitted by the State Land Use
Law and the County Zoning Code. The properties are located north of Hawai`i Belt Road and west of Kauakea
Road in the Kauakea Subdivision,Pu'ukapu Homesteads, 2nd Series, South Kohala,Ilawai`i.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation and a draft transcript of the hearing for your information.
Sincerely,
Keith Unger,Chairman
Leeward Planning Commission
LpdinitiatedamendR FZ44l Ipe
Enclosures
cc: Department of Public Works
Department of Water Supply
William Brilhantc, Esq., Corporation Counsel
Planning Department—Kona
Hawai'i County is an Equal Opportunity Provider and Employer
BRPDInitiatedAmendOrd889 doc-2,29/16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
INITIATOR- PLANNING DIRECTOR
CHANGE OF ZONE ORDINANCE NO. 889 (REZ 443)
DELETE CONDITIONS C AND H AND ADD NEW CONDITION RELATED TO
PERMITTED AGRICULTURAL USES
The Planning Director has initiated an amendment to Change of Zone Ordinance
No. 889, adopted by the County Council in 1983, which reclassified approximately 28
acres from the Agricultural-40 acres(A-40a)to Agricultural- 5 acres (A-5a) zoning
district. The proposed amendment is to delete Conditions C and H which would remove
the current limited agricultural use restrictions, and add a new condition to allow the full
range of agricultural land uses that are permitted by State Land Use Law and the County
Zoning Code. The properties covered by this ordinance are located north of Hawai`i Belt
Road and west of Kauakea Road in the Kauakea Subdivision, Pu'ukapu Homesteads, 2nd
Series, South Kohala,Hawai`i,Tax Map Keys 6-4-017:023, 064-067, and 078 (formerly
TMK 6-4-017:023).
BACKGROUND
1. June 21, 1983-Effective date of Ordinance No. 889 (Exhibit A),which rezoned
about 28 acres from Agricultural-40 acre minimum lot size(A-40a) to Agricultural-
5 acre minimum lot size(A-5a)to allow subdivision of the property into 6 lots
including one mad lot. The ordinance required subdivision in two increments and
placed strict limitations on the types of agricultural uses that could occur on the
properties.
2. September 18, 1984- Effective date of Subdivision No. 5151 (Exhibit B)for the first
increment of the Kauakea Subdivision which created 5 lots including one road lot.
3. April 8, 1986-Effective date of Subdivision No. 5389(Exhibit C) for the second
increment of the Kauakea Subdivision which subdivided one of the lots in Increment
1 into 2 lots.
-1-
4. Current Land Uses- Properties in the Kauakea Subdivision are primarily being used
for residential purposes and to pasture livestock, according to Real Property Tax
Office records. The table below summarizes land uses on the properties:
Non-Dedicated
Parcel Landowner Land Use Agricultural Tax
Number Exemption
23 Rogers Two Farm Dwellings Yes
Farm Dwelling&Special
64 t McCullough Permit for Auto Towing Yes
and Storage Business
65 Gaylord Family Trust Vacant Yes
66 RT's Service LLC/Milner Vacant Yes
Condominium Property
67 Wood/Sills Regime-Two Farm No
Dwellings
REOUESTED AMENDMENT
5. Ordinance No. 889-Ord. No. 889 placed stricter limitations on the types of
agricultural uses that could occur in the Kauakea Subdivision than the uses currently
allowed by State and County law. For example, Condition C defines"agriculture"as
only the cultivation of crops, game propagation and the raising of livestock. These
land uses are just 3 of the 15 land uses that are permitted by State law(HRS 205-2)in
the State Land Use Agricultural district and the 25 land uses that are permitted by the
County zoning code in the Agricultural zoning district. Some of the uses that the
ordinance restricts from occurring on the subject properties are: agricultural uses and
services that support the agricultural activities,on the property such as agricultural
storage and processing facilities; farm vehicle and equipment storage areas;
agricultural tourism; agricultural-based commercial operations such as a roadside
-2-
stand to sell agricultural products; and reasonable and unusual land uses that can be
established with the issuance of a Special Permit by the County Planning
Commission.
6. Proposed Amendment-The Director proposes to delete Conditions C and H which
states:
(C) Rezoning of the second increment shall only become effective upon
subdivision of the previous increment and upon the establishment of
appropriate agricultural activity, as determined by the Planning
Department who shall forward the basis of said determination to the
Council on each of the lots within the first increment. For the purpose of
this condition "agriculture" shall be defined as the cultivation of crops,
including but not limited to flowers, vegetables, foliage, fruits, forage and
timber; game propagation; raising of livestock, including but not limited to
poultry, bees, fish or other animal or aquatic life that are propagated for
economic or personal use. An agricultural activity will be considered
appropriate(I) if such activity is intensively utilizing a minimum of fifty
percent of the usable land area of the affected property(ies); or(2) if it
provides a major source of income to the person(s)utilizing on the
property; or(3) if a level of production, greater than or equal to that which
could be achieved on fifty percent of the usable land area, is achieved on a
smaller area through alternative production technology.
(H) Restrictive deed covenants for each lot shall be recorded with the Bureau
of Conveyances together with any recordation of final subdivision plat
maps. The covenants shall include a mandatory agricultural use provision
for each lot as previously defined in Condition C. The covenants shall
require all dwellings to meet the definition of farm dwelling below.
Furthermore the covenants shall restrict the area devoted to all dwellings
to a maximum of one-half acre per lot. "Farm dwelling" as used herein
means a single-family dwelling located on and in connection with a farm
or where agricultural activity provides income to the family occupying the
dwelling. The remaining portion of the lot shall be used for agricultural
-3-
purposes only. The restrictive covenants contained herein shall run with
the land and shall be incorporated into any deed, lease, agreements of sale,
mortgage, or other instrument of conveyance executed for the subject
property(ies).
The Director also proposes to add a new condition, which is the same condition
currently included in ordinances for new rezones of properties situated in the
Agricultural district.This new condition will allow landowners the ability to establish
any agricultural use permitted by HRS Chapter 205 including reasonable and unusual
uses that can be established through the issuance of a Special Permit. The proposed
condition follows:
"The applicant, 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."
PURPOSE OF REQUESTED AMENDMENT
7. The purpose of this current bill (Exhibit D)is to remove the restrictions on the range
of agricultural land uses that can occur on the properties in the Kauakea Subdivision,
to include all land uses permitted by current State and County law in the Agricultural
State Land Use District and County zoning district.
CONSISTENCY OF REQUEST WITH PLANS
8. State Land Use District: The properties continue to be situated in the Agricultural
district.
9. General Plan LUPAG MAP Designation: The General Plan designation for the
properties has not changed from Important Agricultural Land since the property was
originally rezoned and subdivided.
10. South Kohala Community Development Plan (CDP): The South Kohala CDP,
which was adopted 2008, identifies the property in an area depicted on the Waimea
Town Conceptual Plan Map as the East Waimea farm and ranch lots. These lands are
considered important for agriculture and are to be used for extensive and intensive
farming and ranching, and should not be rezoned for urban or suburban-type land
uses. The request is consistent with the CDP in that the properties will continue to be
used for agriculture as defined by State and County land use law.
-q.
RECOMMENDATION
For the reasons detailed above,the Planning Director recommends that the
Planning Commissions issue a favorable recommendation to the County Council
regarding this proposed Planning Director-initiated bill to delete Conditions C and
H and add a new condition to Change of Zone Ordinance No. 889.
-5-
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE air 889
AN ORDINANCE AMENDING SECTION 7.09 (THE KAMUELA ZONE MAP) ,
ARTICLE 2, CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE,
AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT PUUKAPU
HOMESTEADS, 2ND SERIES, SOUTH KOHALA, HAWAII, COVERED BY TAX
MAP KEY 6-4-17 :23.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. SECTION 7.09, Article 2, Chapter 8 (Zoning
Code) of the Hawaii County Code, as amended, is further amended
to add a new subsection, to read as follows:
"7.09 ( r ) . The district classification of the
following area situated at Puukapu Homesteads, 2nd Series,
South Kohala, Hawaii , shall be Agricultural (A-5a) :
Beginning at the Southeast corner of this parcel of land
on the Northerly side of Mamalahoa Highway, being also the
Southwest corner of Grant 9922 to Peter Bell, Jr. , the
coordinates of which referred to Government Survey
Triangulation Station "EAST BASE" being 7,074.70 feet
North and 3, 286.00 feet East and running by azimuths
measured clockwise from True South:
1. 73° 50' 600.50 feet along the
Northerly side of
Mamalahoa Highway ;
2. 166° 10' 2,295.78 feet along Grant 8124
to Annie K. Ahuna;
3. 294° 59' 770.06 feet along the
Southerly side of
Upper Hamakua Ditch
Right-of-way ;
4. 346° 10' 1 ,788.63 feet along Grant 9922
to Peter Bell, Jr. to
the point of beginning
and containing an area
of 28. 1294 acres.
All as outlined in red on the map attached hereto,
marked Exhibit "A" and by reference made a part hereof.
Planning Dept.
Exhibit A
(A) the petitioner, successors or its assigns shall be
responsible for complying with all of the stated
conditions of approval ; (8) the area be zoned in two
increments. The first increment shall consist of a
maximum of seventeen contiguous acres, and the second, the
remaining area ; (C) rezoning of the second increment shall
only become effective upon subdivision of the previous
increment and upon the establishment of appropriate
agricultural activity, as determined by the Planning
Department who shall forward the basis of said
determination to the Council on each of the lots within
the first increment. For the purpose of this condition
"agriculture" shall be defined as the cultivation of
crops, including but not limited to flowers, vegetables,
foliage, fruits, forage and timber; game propagation;
raising of livestock, including but not limited to
poultry , bees, fish or other animal or aquatic life that
are propagated for economic or personal use. An
agricultural activity will be considered appropriate
(1) if such activity is intensively utilizing a minimum of
fifty percent of the usable land area of the affected
property(ies) ; or (2) if it provides a major source of
income to the person(s) utilizing on the property ; or
(3) if a level of production, greater than or equal to
that which could be achieved on fifty percent of the
usable land area , is achieved on a smaller area through
alternative production technology ; (0) subdivision plans
for the first increment shall be submitted within one year
from the effective date or this ordinance. Final
subdivision plans for the first increment shall be
submitted within one year from the effective date of
-2-
the second increment shall be submitted within one year
from the effective date of the zoning for that increment.
Final subdivision plans for the second increment shall be
submitted within one year from the effective date of
tentative subdivision approval; (F) access(es) for the
proposed subdivision shall meet with the approval of the
Chief Engineer; (G) a drainage improvement plan, meeting
with the approval of the Chief Engineer, shall be
developed; (H) restrictive deed covenants for each lot
shall be recorded with the Bureau of Conveyances together
with any recordation of final subdivision plat maps. The
covenants shall include a mandatory agricultural use
provision for each lot as previously defined in
Condition C. The covenants shall require all dwellings to
meet the definition of farm dwelling below. Furthermore
the covenant shall restrict the area devoted to all
dwellings to a maximum of one-half acre per lot . "Farm
dwelling" as used herein means a single-family dwelling
located an and in connection with a farm or where
agricultural activity provides income to the family
occupying the dwelling. The remaining portion of the lot
shall be used for agricultural purposes only . The
restrictive covenants contained herein shall run with the
land and shall be incorporated into any deed, lease,
agreement of sale , mortgage, or other instrument of
conveyance executed for the subject property(ies) ; and
(I) all other applicable rules, regulations and
requirements shall be complied with. Should any of the
forgoing conditions not be met, rezoning of the area to
its original or more appropriate designation may be
initiated . "
-3-
• ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance .
SECTION 3. This ordinance shall take effect upon its
approval .
INTRODUCED BY:
COUNCIL MEMBER, TY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 18, 11983
Date of Adoption: June 8 , 1983
Effective Date: June 21, 1983
-4-
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AMENDMENT TO THE ZONING CODE
AMENDMENT NO. 16 To SECTION 70V (THE KAMUELA
ZONE MAP) ARTICLE 2. CHAPTER H (ZONING CODE)
OF THE HAWA1l COUNT7 CODE, AS AMENDED, 437
CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT
RUUKAPU HOMESTEADS, 2ND SERIES, SOUTH KOHALA,
HAW AI1.
DATE OF PURI—IC HEARING ' JAN. 25, 19135 Ep MARCH .2, IVES
uppm CTIVE PATH . JUNE 21, 1969
01WINANEE NUN10E5t = 009
pRCPARED BY . PLANNING [DEPARTMENT
COUNT? or HAWAII REVISED .
MARCH 15, 1903
Hilo, Hawaii Hilo, Hawaii
Date: May 18, 1963 Date: ,June 8 . 3983 _
FIRST READING SECOND & FINAL READING
AYES NOES A/E AYES NOES A/E
Dahlberg X Dahlberg X
De Luz X De Luz X
Domingo x Domingo X
Fujii X Fujii X
Hale X Hale X
Kawahara X Kawahara X
Lai X Lai X
Schutte X Schutte X
Chr. Yamashiro X Chr. Yamasbiro X
9 0 0 9 0 0
Publication Date: Publication Date: 'JUL 11983
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
APPROVED as to i
FO:J i a•..' '_^AUTY
'�) wtunci Ch." an
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Dare 13 1983 Y -County Clerk
Approved/Ai:eagpTe ed this 2 154 day of
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17.0,01C) , 19 Sri !.
Bill No. 999 (DRAFT 2)
Air /�,`01 Reference: C-1155/PC-229
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N�`�O^'en.ke Exhibit C
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Clk1)1ni 1SJUN NUMISElt °it? ..--
1PP n1 v ED FOR RECORDATION with the
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of Hawaii
aveirk
Yiaunuig theci.ibi, County of Hawaii
Date APR 81986
E" 7 'ir
COUNTY OF HAWAII 'I `A ' '''/;• STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 889, (FORMERLY KAMUELA
ZONE MAP, CURRENTLY LALAMILO PU`UKAPU ZONE MAP) WHICH
RECLASSIFIED LANDS FROM AGRICULTURAL—FORTY ACRES (A-40a) TO
AGRICULTURAL—FIVE ACRES (A-5a) AT PU`UKAPU HOMESTEADS,2ND
SERIES,SOUTH KOHALA,HAWAII COVERED BY TAX MAP KEY 6-4-017:023,
064-067 AND 078 (FORMERLY 6-4-017:023).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 889 is amended as follows:
"Section 1. Section [7:09] 25-8-11, Article [2] 8, Chapter[8] 25 (Zoning Code) of the
[Hawaii}Hawai`i County Code 1983 (2005 Edition), [as] is amended, [is further-amended add
a new subsection, to r ad] to change the district classification of property described hereinafter
as follows:
["7.09 ( r).] The district classification of the following area situated at [Puukapu}
Pu'ukapu Homesteads, 2"d Series, South Kohala,[14awaii}Hawaii, shall be Agricultural—5
acres (A-5a):
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition),the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) 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.
Planning Dept.
Exhibit D
(A) the petitioner,successors or its assigns shall be responsible for complying with all of
the stated conditions of approval;
(B) the area be zoned in two increments. The first increment shall consist of a maximum
of seventeen contiguous acres, and the second, the remaining area;
[(C)rezoning of the second increment shall only become effective upon subdivision of
to the Council on each of the lots within the first increment. For the purpose of this
limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation;
be considered appropriate(1) if Guth activity is intensively utilizing a minimum of fifty
ar a, is achieved on a smaller arca through alternative production technology;]
(C) The applicant, 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.
(D) subdivision plans for the first increment shall be submitted within one year from the
effective date of this ordinance. Final subdivision plans for the first increment shall be
submitted within one year from the effective date of tentative subdivision approval;
2
(E) subdivision plans for the second increment shall be submitted within one year from
the effective date of the zoning for that increment. Final subdivision plans for the second
increment shall be submitted within one year from the effective date of tentative
subdivision approval;
(F) access(es) for the proposed subdivision shall meet with the approval of the Chief
Engineer;
(G) a drainage improvement plan, meeting with the approval of the Chief Engineer, shall
be developed;
[(H)restrictive deed covenants for each lot shall be recorded with the Bureau of
hall include a mandatory agricultural use provision for each lot as previously defined in
Condition C. The covenants shall require all dwellings to meet the definition of farm
to a maximum of one half acre per lot. "Farm dwelling" as used herein means a single
family dwelling located on and in connection with a farm or where agricultural activity
-hall ran with the land and shall be incorporated into any deed, lease, agreement of sale,
mortgage, or other instrument of conveyance executed for the subject property(ies);] and
[(-I)] (H)all other applicable rules,regulations and requirements shall be complied with.
Should any of the forgoing conditions not be met, rezoning of the area to its original or
more appropriate designation may be initiated."
SECTION 2. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In re-printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
3
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end,the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of Is`Reading:
Date of 2nd Reading:
Effective Date:
4
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AMENDMENT TO THE ZONING CODE
AMENDMENT NO- IB TO SECTION ZO°J (THE KAMUELA
ZONE MAP) ARTICLE 2. CHAPTER 8 (ZONING CODE)
OP THE HAWAII COUNT? CODE, AS AMENDED, 5Y
CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-40a) TO AGRICULTURAL (A-5a) AT
'UUKAPU HOMESTEADS, 2ND SERIES, SOUTH KOHALA,
HAWAII.
OATS or PUBLIC HEARING • JAN. 25, 1908 * MARCH -2,1055
EPFaCTIVG CATE• JUNE 21, 1908
OROINANOE NUMBER.. 009 .
PREPARED BV • PLANNING DEPARTMCNT
COUNTY OF HAWAII REVISED;
MARCH IS,1953
TMIR , G-4-17: 28 JAN. II, 19013
EXHIBIT 'A'
FOR REFERENCE ONLY JAMES TRUMP
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0
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
APRIL 21, 2016
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHANGE OF ZONE ORDINANCE NO. 889 (AMEND REZ 443) was called to order at
9:38 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane
KeohokAlole Highway, Kailua-Kona, Hawai`i,with Chairman Keith Unger presiding.
COMMISSIONERS PRESENT: Keith Unger, Scott Church, Collin Kaholo, Barbara Nobriga
and Sonny Shimaoka
ABSENT AND EXCUSED: Brandi Beaudet
ALSO PRESENT: Danny Patel (Counsel for the Commission),Duane Kanuha(Planning
Director), Daryn Arai (Planning Program Manager),Jeff Darrow(Planner),Christian Kay
(Planner)and Noriko Sauer(Commission Secretary)
And approximately 80 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR(AMEND REZ 443)
The Planning Director has initiated an amendment to Change of Zone Ordinance No. 889,
adopted by the County Council in 1983, which reclassified approximately 28 acres from the
Agricultural-40 acres(A-40a)to an Agricultural-5 acres(A-5a)zoning district. The proposed
amendment is to delete Conditions C and H which would remove the current agricultural use
restrictions and instead allow agricultural land uses that are permitted by the State Land Use Law
and the County Zoning Code. The properties covered by this ordinance are located north of
Hawai`i Belt Road and west of Kauakea Road in the Kauakea Subdivision, Pu'ukapu Homesteads,
2"d Series, South Kohala, Hawai`i,TMKs: 6-4-017:023,064-067,and 078 (formerly TMK:
6-4-017:023).
UNGER: Agenda Item No. 1, Initiator,Planning Department, Amendment REZ 443. Staff?
ARAI: Thank you very much. Good morning, Mr. Chairman, Members of the Commission. And
thank you, everyone in the audience, for attending. The first item on today's agenda is a request
from the Planning Director for a Change of Zone amendment to Ordinance No. 889. If I may
direct your attention to the presentation screen. This is—
UNIDENTIFIED PUBLIC MEMBER: Can we move the screen? Everyone here can't really see
it on this side.
ARAI: I apologize. Given the capacity of the room, we are, part of the reason for the presentation
is not to, not only to describe the proposal to the general public but also to the Commissioners, the
very one who will be making a decision on the various applications today. So we want to make
sure that we properly orient our Commissioners by going through our presentation. We
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understand the difficulty. We try to provide the best accommodations that we could,but we do
ask for your patience. Thank you very much.
UNIDENTIFIED PUBLIC MEMBER: Well,then we would like to move our kupuna on this side
then.
ARAI: If the space does allow for it,please. But one thing I may want to ask,and I am sorry for
getting off track here but,are most of you here for a particular agenda item? And I'm thinking
Agenda Item No.4 regarding Ocean Villas or the Lalamilo application. Because,the reason I'm
asking is because when we get to a particular item that is of interest to most of the people in the
audience, at that time we can try to make a decision of what we can do with the presentation
screen. But to try to accommodate everyone through every single agenda item currently on the
schedule, then I think that's going to be a little too difficult.
UNIDENTIFIED PUBLIC MEMBER: Are you folks okay with that? Okay. Thank you.
ARAI: Okay,let me back up real quick. The first item is regarding an amendment request in
Waimea. So if someone who is not able to see the presentation screen is particularly interested in
this amendment request, maybe you can move now to view the screen. But if not, if you can stay
put until this matter concludes. Okay. Thank you very much.
Anyway,back to the presentation,this is a location map showing the Waimea area. Off to your
left hand side where the arrow is pointing is the town of Waimea,and off to your right in the area
identified by a red circle is Kauakea Subdivision,which is the subdivision that is the subject of
this specific amendment request. The colors that you see are the various zoning districts that
currently applies to this particular section of Waimea. Zooming in,and to give you a little bit of
orientation,the subject property is located here. It is basically bordered by a red outline. The
color represented is Agricultural-5 acres,which means Agricultural lands with a minimum lot size
of five acres. Surrounding it,the blue color is Agricultural lands with a minimum lot size of 40
acres. The lighter green here off to the left hand side of Kauakea Subdivision is Agricultural one
acre minimum lot size. This subdivision here I believe is Ho`onani Subdivision,just for
orientation purposes. And at the very bottom—oops,sorry—at the very bottom this line running
left to right is the Mamalahoa Highway off to the right heading toward Honoka`a Town. And as
you can see from this map,this plan,Kauakea Subdivision currently consists of five individual
lots with a minimum lot size of five acres.
This is a map showing the subject property outlined in red. Please note that the entire area is
designated for agricultural uses by the State Land Use Commission as indicated by the light green
color. Looking at the General Plan Land Use Pattern Allocation Guide Map,note that the subject
property is largely within this green colored area that is designated for Important Agricultural
Lands,and a small portion on the mauka side,or north side, is within an area designated for
extensive agricultural uses.
This is an aerial photo of the subject property once again outlined in red. And while not depicted,
there are basically five lots: One lot in this area here fronting the highway,then another lot here
around these facilities and buildings here,another lot here the third lot,and then the fourth lot here
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roughly in this triangle shape,and then the last in this polygon shape here. So,again,there are
five individual five-acre lots within this subdivision.
When Ordinance 889 was passed by the County Council in 1983 to rezone this particular area
consisting of 28 acres from Ag-40 to Agricultural five-acre minimum lot size, it was done so in
order to accommodate the subdivision of the 28-acre property into six lots,which included one
roadway lot. The ordinance required that the subdivision be developed in two distinct increments.
And it also placed strict limitations on the types of agricultural uses that could occur on the
properties. The Director has initiated this particular amendment to delete Conditions C and H,
which would remove the currently limited agricultural use restrictions and add a new condition
that allows for the full range of agricultural uses that are permitted by the State Land Use Law and
the County Zoning Code.
The Director is recommending that the Commission issue a favorable recommendation of this
request to the County Council.
Just to kind of briefly summarize,the conditions that were imposed on this subdivision back in
1983 made a requirement that the agricultural uses on the property be encouraged in order to allow
for its development in two distinct increments. But the agricultural,reference to these agricultural
uses were very,very limited; they were largely crop production and a few other uses,but that only
represented five of the uses permitted, five out of the 14 uses that are currently permitted under
Chapter 205,which is the State Land Use Law. So what we are simply doing is saying instead of
just restricting it to these five uses prescribed by the ordinance,allow these properties to be used
for various agricultural uses that are currently permitted by the State Land Use Law and that is
made available to all lands designated,similarly designated Agricultural in the State. So with that,
I stand ready to answer any questions that you may have.
UNGER: Great. Thank you. Commissioners,do you have any questions of the Planning
Department at this time? Will the applicant please come forward? [Speaking to the Planning
Director,] do you want to—
KANUHA: We initiated—
UNGER: Right. Do,does the Commissioners have any questions for the Planning Director?
Very good. If there are members of the public that are interested in testifying on this matter,
please come forward at this time. Okay. I would like to request a motion from the
Commissioners to close this portion of the public hearing.
SHIMAOKA: Yeah, I move that a favorable recommendation be forwarded—
UNGER: First we need to close,we need a motion to close public hearing.
SHIMAOKA: Okay, I motion to close.
UNGER: Do I have a second?
KAHOLO: Second.
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UNGER: We have a motion by Commissioner Shimaoka, second by Commissioner Kaholo,to
close public hearing. Public hearing is now closed. At this time I'm requesting a motion from the
Commissioners in regard to this agenda item.
CHURCH: Is this on? Mr. Chair, I move that a favorable recommendation be forwarded to the
County Council on the application to amend REZ 443, based on the Planning Director's
recommendation, findings and proposed conditions,which shall be adopted.
UNGER: Do I have a second?
NOBRIGA: Second.
UNGER: We have a motion from Commissioner Church, second from Commissioner Nobriga.
Any further,we have a motion on the floor,any discussion from Commissioners? Very well.
Staff,roll call,please.
ARAI: Thank you. Commissioner Church?
CHURCH: Yea.
ARAI: Commissioner Nobriga?
NOBRIGA: Aye.
ARAI: Commissioner Kaholo?
KAHOLO: Aye.
ARAI: Commissioner Shimaoka?
SHIMAOKA: Aye.
ARAI: And Mr. Chairman?
UNGER: Aye.
ARAI: Mr. Chairman, motion carries with five aye votes.
The discussion ended at 9:49 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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