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HomeMy WebLinkAboutCOM 0313.000 2018-2020 �. :, Wil Okabe p 1n�\� ,, Managing Director Harry Kim •* A��•;:ft i*s Mayor ''A.''Ar'r- — _1r/ Barbara J.Kossow 1. Op.4 ,,,,-,00; •tom Deputy Managing Director TE.O Np (i iiux fi of'Tin ai' ®f tri of filr Alvin 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 �,'. cam- , •�,,):n.,; = s May 20, 2019 » -<?-: ., Q-C f rt Aaron S. Y. Chung, Council Chair and Members of the County Council u+ County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Change of Zone Application (REZ 19-000234) Request: A-20a to A-5a Applicant: Leonard and Marianne Freeman Tax Map Key: 3-5-004:030 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 Windward Planning Commission's letter and enclosures regarding the above-referenced requests. Sincerely izt,v.:__ HARRY KIM Mayor MTransCouncilFreemanREZ19-234 Comm.No. _.I Enclosures Ref.To: pc._ Ref. Dote MAY 21 203 cc: Planning Department 1e)®\\ ,\ County of Hawai`i is an Equal Opportunity Provider and Employer. • `'tY os Harty Kim .............. Joseph Clarkson, Chair o°••;'�='. Mayor • - -414 ', Thomas Raffipiy,Vice Chair '•�'-�� 1::+' Gilbert Aguinaldo Wilair *S• Dean Au Managing Director —moo.•. •+r••::.—�:••�`: Donn Dela Cruz John Replogle County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 MAY 20 2019 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Change of Zone Application (REZ 19-000234) Request: A-20a to A-5a Applicant: Leonard and Marianne Freeman Tax Map Key: 3-5-004:030 The Windward Planning Commission, at its duly held public hearing on May 2, 2019, recommended for your approval the proposed legislative bill for an Change of Zone from an Agricultural-20 acres (A-20a) to an Agricultural-5 acres (A-5a) zoning district. The property is located on the northwest side of Kihalani Homestead Road, about .090 miles from its intersection with Hawai`i Belt Road (Highway 19), Kihalani Homesteads,North Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting a change of zone from Agricultural 20-acres (A-20a) to Agricultural 5-acres (A-5a) for approximately 11.57 acres identified as TMK (3) 3-5-004:030, in order to create a two-lot subdivision, which is the maximum number of lots that can be created should the change of zone be approved. Currently, there are two farm dwellings (first farm dwelling and an additional farm dwelling) and agricultural storage building on the property. The applicants wish to create the two-lot subdivision for estate planning purposes and will continue to reside in one of the homes. The property is www.hiplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning®hawaiicounty.coy Aaron S.Y. Chung, Council Chair and Members of the County Council Page 2 currently being used for cattle grazing. According to the Zoning Code, the purpose of the Agricultural district is to provide 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. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural 20-acres (A-20a) to an Agricultural 5-acres (A-5a) zoned district will conform to the goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which identifies the property as Important Agricultural Lands. These are lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The property also has deep soil and is classified as Prime Agricultural Land on the Agricultural Lands of Importance to the State of Hawai`i (ALISH) map. The property is also classified as "C" or"Fair" for agricultural soil Aaron S.Y. Chung, Council Chair and Members of the County Council Page 3 productivity. The applicants currently use the property for cattle grazing. The change of zone request will keep the property in the Agricultural zoning district and will allow for the creation of an additional lot through subdivision. Surrounding properties are similarly zoned A-20a and consist of lots ranging in size from 2 to 12 acres. Most of these lots are non-conforming in size because they were created prior to the establishment of the Zoning Code. These lots contain small farms with farm dwellings. The 11-acre property across Kihalani Homestead Road was recently rezoned from A-20a to A-5a in October 2018. The proposed rezoning is also consistent with the draft Hamakua Community Development Plan (CDP), which indicates the subject property is in an Agricultural area outside of the Urban Growth Boundary and outside designated Rural areas. According to Policies 4 and 5, the Agricultural areas outside the Urban Growth Boundary and outside designated Rural areas are to be preserved for agricultural uses, open space, scenic viewsheds, and natural beauty areas. Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise pennitted by law. Currently, there are two farm dwellings (first farm dwelling and an additional farm dwelling) and an agricultural storage building on the property. Upon rezoning and subdivision into two lots, there will be one farm dwelling on each lot, and therefore, the Additional Farm Dwelling Agreement (AFDA) which permitted the construction of the additional farm dwelling will need to be cancelled since the dwelling on the newly created lot will no longer be considered an "additional" farm dwelling. The Director is recommending a condition of approval to cancel the AFDA. Additionally, should this rezone be approved, the applicants could potentially apply for an additional farm dwelling, allowing for the construction of a second dwelling unit (meeting the criteria for an additional farm dwelling) on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure, particularly the substandard Kihalani Homestead Road. As such, a condition is included to prohibit a second dwelling unit (also known as a farm dwelling) and/or a Condominium Property Regime (CPR) on each lot. A condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the agricultural ambience of the area. Aaron S.Y. Chung, Council Chair and Members of the County Council Page 4 All essential utilities and services are available to the property. Access to the subject property is from Kihalani Homestead Road, a County-owned and maintained roadway with a right-of-way width of 40 feet. Near the highway it is a two-lane road that drops down to a one-lane road with grass and dirt shoulders about half way between the highway and subject property. The pavement width varies from 11 to 22 feet, but is about 12 feet wide fronting the subject property. There are two existing driveways from Kihalani Homestead Road to each of the farm dwellings. No new driveways are proposed. The Subdivision Code indicates agricultural roads should have a minimum pavement width of 20 feet. It is unreasonable to require the applicants to widen the pavement of the entire length of the roadway and it is unlikely the County will ever widen the roadway. Although Kihalani Homestead Road is substandard and narrow, it is typical in character to other agricultural homestead roads along the Hamakua coast. The large grass shoulders provide ample space for vehicles to pull over in order to allow other vehicles to pass by and the addition of one new lot (with an existing dwelling) should not adversely affect traffic on the roadway. The minimum lot size for Agricultural zoning is five acres. The Planning Department would not encourage rezoning of nearby properties to a density below five acres because it would not establish a beneficial land use pattern due to the impact additional traffic from these new lots would have on the substandard roadway. However, in this case the surrounding properties are zoned A-20a and consist of non-conforming lots that were created prior to the Zoning Code, which range in size from 2 to 12 acres. County water is available to the property for the rezoning and subsequent subdivision. The applicants will be required to enter into an Elevation Agreement with the Department of Water Supply prior to final subdivision of the property due to one of the proposed lots being located at an elevation where the DWS cannot provide adequate water pressure. The existing residences and agricultural storage structure is currently served by cesspools approved by the State Department of Health. Solid waste will be disposed of at the nearby transfer station or Hilo.landfill and agricultural waste will be utilized onsite. There are no significant topographical constraints and the property is not located in a flood zone. However, the Planning Director agrees with the Department of Public Works recommendations that a drainage study should be completed and any necessary improvements constructed prior to construction of any new structure or driveway. All development generated runoff will be disposed of onsite. All other essential utilities and services are available to the site. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The entire State of Hawai`i lies within the Aaron S.Y. Chung, Council Chair and Members of the County Council Page 5 Coastal Zone Management(CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to coastal recreational resources, historic resources, public access to shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation and beach protection. The property is not located within the Special Management Area and is located over a mile from the nearest shoreline. There is no record of a designated public access to the shoreline or mountain areas traversing the property. Due to the property's distance from the shoreline, the rezone and subsequent subdivision will not impact any recreational resources, scenic and open space or visual resources, coastal ecosystems and marine coastal resources. The property has been previously cleared and cultivated in sugarcane, therefore the likelihood of any rare or endangered species, habitat or flora, cultural resources and practices, or archaeological sites on the property is remote. Lastly, this approval is made with the understanding that the applicants remain responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include, but are not limited to, the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, compliance with State Health Department environmental/sanitation/health-related regulations, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies and/or commissions. Based on the above findings, approval of this change of zone request from an Agricultural 20-acres (A-20a) to Agricultural 5-acres (A-5a) zoning district would result in an appropriate land use pattern that is consistent with the General Plan, and will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-19 (North Hilo District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. • Aaron S.Y. Chung, Council Chair and Members of the County Council Page 6 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information to be provided under separate cover. Since y, r ose Clarkson, Chairman Windward Planning Commission LFreemanREZ19-234wpc2 Enclosures cc: Zendo Kern, Planning Consultant Leonard and Marianne Freeman Department of Public Works Department of Water Supply Ronald Kim, Esq., Corporation Counsel .,t RFreemanREZ.doc 4/23/19 COUNTY OF HAWAI'I PLANNING DEPARTMENT RECOMMENDATION REPORT LEONARD AND MARIANNE FREEMAN CHANGE OF ZONE APPLICATION (REZ 19-000234) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acres (A-20a) to Agricultural 5-acres (A-5a) for approximately 11.57 acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicants are requesting a change of zone from Agricultural 20-acres (A-20a) to Agricultural 5-acres (A-5a) for approximately 11.57 acres identified as TMK (3) 3-5-004:030, in order to create a two-lot subdivision, which is the maximum number of lots that can be created should the change of zone be approved. Currently, there are two farm dwellings (first farm dwelling and an additional farm dwelling) and agricultural storage building on the property. The applicants wish to create the two-lot subdivision for estate planning purposes and will continue to reside in one of the homes. The property is currently being used for cattle grazing. According to the Zoning Code, the purpose of the Agricultural district is to provide 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. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. -1- The proposed Change of Zone from an Agricultural 20-acres (A-20a) to an Agricultural 5-acres (A-5a) zoned district will conform to the goals, policies and standards of the General Plan. ' The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which identifies the property as Important Agricultural Lands. These are lands with better potential for sustained high agricultural yields because of soil type; climate, topography, or other factors. The property also has deep soil and is classified as Prime Agricultural Land on the Agricultural Lands of Importance to the State of Hawai`i (ALISH) map. The property is also classified as "C" or"Fair" for agricultural soil productivity. The applicants currently use the property for cattle grazing. The change of • zone request will keep the property in the Agricultural zoning district and will allow for the creation of an additional lot through subdivision. Surrounding properties are similarly zoned A-20a and consist of lots ranging in size from 2 to 12 acres. Most of these lots are non-conforming in size because they were created prior to the establishment of the Zoning Code. These lots contain small farms • -2- with farm dwellings. The 11-acre property across Kihalani Homestead Road was recently rezoned from A-20a to A-5a in October 2018. The proposed rezoning is also consistent with the draft Hamakua Community Development Plan(CDP), which indicates the subject property is in an Agricultural area outside of the Urban Growth Boundary and outside designated Rural areas. According to Policies 4 and 5, the Agricultural areas outside the Urban Growth Boundary and outside designated Rural areas are to be preserved for agricultural uses, open space, scenic viewsheds, and natural beauty areas.Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. Currently, thereare two farm dwellings (first farm dwelling and an additional farm dwelling) and an agricultural storage building on the property. Upon rezoning and subdivision into two lots, there will be one farm dwelling on each lot, and therefore, the Additional Farm Dwelling Agreement (AFDA) which permitted the construction of the additional fanm dwelling will need to be cancelled since the dwelling on the newly created lot will no longer be considered an "additional" farm dwelling. The Director is recommending a condition of approval to cancel the AFDA. Additionally, should this rezone be approved, the applicants could potentially apply for an additional farm dwelling, allowing for the construction of a second dwelling unit (meeting the criteria for an additional farm dwelling) on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure, particularly the substandard Kihalani Homestead Road. As such, a condition is included to prohibit a second dwelling unit (also known as a fauna dwelling) and/or a Condominium Property Regime (CPR) on each lot. A condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the agricultural ambience of the area. All essential utilities and services are available to the property. Access to the subject property is from Kihalani Homestead Road, a County-owned and maintained roadway with a right-of-way width of 40 feet. Near the highway it is a two-lane road that -3- drops down to a one-lane road with grass and dirt shoulders about half way between the highway and subject property. The pavement width varies from 11 to 22 feet, but is about 12 feet wide fronting the subject property. There are two existing driveways from Kihalani Homestead Road to each of the farm dwellings. No new driveways are proposed. The Subdivision Code indicates agricultural roads should have a minimum pavement width of 20 feet. It is unreasonable to require the applicants to widen the pavement of the entire length of the roadway and it is unlikely the County will ever widen the roadway. Although Kihalani Homestead Road is substandard and narrow, it is typical in character to other agricultural homestead roads along the Hamakua coast. The large grass shoulders provide ample space for vehicles to pull over in order to allow other vehicles to pass by and the addition of one new lot (with an existing dwelling) should not adversely affect traffic on the roadway. The minimum lot size for Agricultural zoning is five acres. The Planning.Department would not encourage rezoning of nearby properties to a density below five acres because it would not establish a beneficial land use pattern due to the impact additional traffic from these new lots would have on the substandard roadway. However, in this case the surrounding properties are zoned A-20a and consist of non-conforming lots that were created prior to the Zoning Code, which range in size from 2 to 12 acres. County water is available to the property for the rezoning and subsequent subdivision. The applicants will be required to enter into an Elevation Agreement with the Department of Water Supply prior to final subdivision of the property due to one of the proposed lots being located at an elevation where/the DWS cannot provide adequate water pressure. The existing residences and agricultural storage structure is currently served by cesspools approved by the State Department of Health. Solid waste will be disposed of at the nearby transfer station or Hilo landfill and agricultural waste will be utilized onsite. There are no significant topographical constraints and the property is not located in a flood zone. However, the Planning Director agrees with the Department of Public Works recommendations that a drainage study should be completed and any necessary improvements constructed prior to construction of any new structure or -4- driveway. All development generated runoff will be disposed of onsite. All other essential utilities and services are available to the site. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The entire State of Hawai`i lies within the Coastal Zone Management (CZM) area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the CZM area with respect to coastal recreational resources, historic resources, public access to shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation and beach protection. The property is not located within the Special Management Area and is located over a mile from the nearest shoreline. There is no record of a designated public access to the shoreline or mountain areas traversing the property. Due to the property's distance from the shoreline, the rezone and subsequent subdivision will not impact any recreational resources, scenic and open space or visual resources, coastal ecosystems and marine coastal resources. The property has been previously cleared and cultivated in sugarcane, therefore the likelihood of any rare or endangered species, habitat or flora, cultural resources and practices, or archaeological sites on the property is remote. Lastly, this approval is made with the understanding that the applicants remain responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include, but are not limited to, the issuance of building pen-nits, the installation of approved wastewater disposal systems, compliance with the Fire Code, compliance with State Health Department environmental/sanitation/health-related regulations, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies and/or commissions. -5- Based on the above findings, approval of this change of zone request from an Agricultural 20-acres (A-20a) to Agricultural 5-acres (A-5a) zoning district would result in an appropriate land use pattern that is consistent with the General Plan, and will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-19 (North Hilo District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. J ' -6- JtSY OF if OCt • COUNTY OF HAWAII -• �'' '�'�- STATE OF HAWAII BILL NO. ORDINANCE NO. it` r IA 11 I IN,A De r--(7) AN ORDINANCE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT KIHALANI, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-5-004:030. 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 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kihalani,North Hilo, Hawai`i, shall be Agricultural—5 acres (A-5a): Beginning at an iron pipe on the east corner of this lot on Kihalani Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAPA'ALOA" being 2,251.4 ft. North and 1,380.2 ft. West, as shown on Government Survey Registered Map No. 2496, and running by True South azimuths: 1. 13° 51' 00" 538.00 feet along Homestead Road to a pipe at ditch; 2. 93° 58' 00" 117.00 feet along the north side of the ditch reserve; 3. 77° 30' 00" 88.00 feet along the north side of the ditch reserve; 4. 150° 08' 00" 90.00 feet along the north side of the ditch reserve; • -1- 5. 130° 08' 00" 68.00 feet along the north side of the ditch reserve; 6. 92° 03' 00" 130.00 feet along the north side of the ditch reserve; 7. 119° 33' 00" 55.00 feet along the north side of the ditch reserve; 8. 90° 20' 00" 57.00 feet along the north side of the ditch reserve; 9. 16° 02' 00" 75.00 feet along the north side of the ditch reserve; 10. 121° 22' 00" 95.00 feet along the north side of the ditch reserve; 11. 109° 37' 00" 115.00 feet along the north side of the ditch reserve; 12. 92° 33' 00" 83.00 feet along the north side of the ditch reserve; 13. 43° 34' 00" 29.00 feet along the north side of the ditch reserve to'10 ft. reserve along edge of gulch; 14. 164° 55' 00" 99.00 feet along reserve 10 ft. from edge of gulch; 15. 206° 47' 00" 91.00 feet along reserve 10 ft. from edge of gulch; 16. 240° 17' 00" 100.00 feet along reserve 10 ft. from edge of gulch; 17. 223° 21' 00" 163.00 feet along reserve 10 ft. from edge of gulch; 18. 217° 53' 00" 237.00 feet along reserve 10 ft. from edge of gulch; -2- 19. 235° 13' 00" 176.00 feet along reserve 10 ft. from edge of gulch; 20. 219° 23' 00" 122.00 feet along reserve 10 ft. from edge of gulch to a pipe; 21. 311° 15' 00" 525.00 feet along Lot 7-A to the Point of Beginning, enclosing an area of 11.57 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 • Edition, as amended), 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. SEE ATTACHED CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable. -3- • C ` CFreernanREZ.doc 4/23/19 LEONARD AND MARIANNE FREEMAN CHANGE OF ZONE APPLICATION (REZ 19-000234) CONDITIONS OF APPROVAL A. The applicants, their successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, their successors or assigns shall comply with all applicable County, State and Federal laws, codes, rules, regulations and requirements. C. The applicants, their 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. The applicants, their successors or assigns shall notify prospective purchasers, buyers, tenants or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District area protected under Hawaii Revised Statutes Chapter 165, the Hawai`i Right to Farm P g Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. E. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter 165, the 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. F. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit (also known as an additional fann dwelling) and/or condominium property regimes (CPR) on each lot. Prior to the submittal of plans for subdivision review, this restrictive covenant shall be recorded against the parent lot(s) with applicability to all lots subsequently created from the parent lot(s). A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to recordation with the State of Hawai`i Bureau of Conveyances, with a copy of the recorded document to be filed with the Planning Department along with the subdivision application. G. Prior to Final Subdivision Approval, the applicants shall cancel the Additional Farm Dwelling Agreement(FDA-08-000231)recorded on December 8, 2008. H. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. No variance from the minimum water and road requirements in Hawai`i County Code Chapter 23 and 25 shall be granted to subdivide the property. I. • The plat submitted for subdivision approval shall show the existing County water meter locations with the meter numbers. Should the existing water meters or service laterals not front the parcels that they will serve, they will need to be relocated to comply with Department of Water Supply(DWS) Rules and Regulations. J. Prior to receipt of Final Subdivision Approval, the applicants shall execute an Elevation Agreement with the Department of Water Supply due to one of the • proposed lots being located at an elevation where the DWS cannot provide adequate water pressure. K. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. A drainage study prepared by a civil engineer licensed in the State of Hawaii shall be submitted to and approved by the Department of Public Works, and any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a construction permit for any new structure or driveway. L. All earthwork and grading activity shall conform to the Hawai`i County Code Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. M. Any new construction within the Kihalani Homestead Road right-of-way shall conform to Hawai`i County Code Chapter 22, County Streets. N. In the unlikely event that any surface or subsurface historic properties and/or resources, such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities, the applicants shall cease work in the immediate vicinity of the find, protect the find -2- from additional disturbance and immediately contact the State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance. The applicants shall also notify the Planning Department immediately after contacting the DLNR-SHPD. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 0. 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-perfonnance 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 perfonnance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's 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. -3- • A-20a A-20a A-20a A-20a A-20a , A-20a A-20a A-20a A-20a -2i. A-20a A-20a A-20a 2,251.40'N A-20a 1380.20'W "PAPAALOA" A-20a Pk r�S A-20a A-20a A-20a A-20a A-20a AGRICULTURAL-TWENTY ACRES(A-20a)TO A-20a AGRICULTURAL-FIVE ACRES(A-Sa) 11.57 ACRES • A-20a <43--0 A-5a A-20a �O KAMA,O Q' A-20a A-20a A-20a $ A-20a ' v Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-19 (NORTH HILO DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a) TO AGRICULTURAL - FIVE ACRES (A-5a) AT KIHALANI, NORTH HILO, HAWAII • MAP PREPARED BY: TM K:(3)3-5-004:030 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:February 6,2019 EXHIBIT"A" Freeman Mao: 1407 BFreemanREZ.doc 4/23/19 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LEONARD AND MARIANNE FREEMAN CHANGE OF ZONE APPLICATION (REZ 19-000234) LEONARD AND MARIANNE FREEMAN have submitted an application for a Change of Zone from an Agricultural-20 acres (A-20a) to an Agricultural-5 acres (A-5a) zoning district for approximately 11.57 acres of land. The subject property is located on the northwest side of Kihalani Homestead Road, about 0.90 miles from its intersection with Hawai`i Belt Road (Highway 19), Kihalani Homesteads,North Hilo, Hawaii, TMK: (3) 3-5-004:030. PROPOSED ACTION 1. Applicant's Request and Reasons: The applicants are requesting a Change of Zone from Agricultural 20-acres (A-20a) to Agricultural 5-acres (A-5a) in order to create a two-lot subdivision, which is the maximum number of lots that can be created should the change of zone be approved. Currently, there are two faun dwellings (first farm dwelling and an additional farm dwelling) and an agricultural storage building on the property. The applicants wish to create the two-lot subdivision for estate planning purposes and will continueto reside in one of the homes. The property is currently being used for cattle grazing. 2. Supportive Information: The applicants have submitted the attached in support of the request: (Planning Department Exhibit 1 - Change of Zone Application dated November 12, 2018) 3. Landowners:Leonard and Marianne Freeman. PERMITTING HISTORY OF PROPERTY 4. Additional Farm Dwelling Agreement: On December 8, 2008 the applicants recorded an Additional Farm Dwelling Agreement (AFDA) with the State Bureau offConveyances. The additional fann dwelling was constructed in 2013. Should the change of zone request to A-5a be approved and the property subdivided into two lots, the AFDA will need to be _cancelled since the dwelling on the newly created lot will no longer be considered an "additional" farm dwelling. (P.D. Exhibit 2- Farm Dwelling Agreement FDA-08- 000231) STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural. 6. General Plan Designation: Important Agricultural Land. 7. County Zoning: Agricultural 20-acres (A-20a). 8. Hamakua Community Development Plan (HCDP): The HCDP, adopted by the County Council in August 2018, indicates the subject property is in an Agricultural area outside of the Urban Growth Boundary and outside designated Rural areas. According to Policies 4 and 5, the Agricultural areas outside the Urban Growth Boundary and outside designated Rural areas are to be preserved for agricultural uses, open space, scenic viewsheds, and natural beauty areas:Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. 9. Special Management Area: The subject property is located over half a mile from the nearest shoreline and is not in the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Subject Property: The property sits at approximately 800 feet elevation and is fairly level. There is a farm dwelling in the middle of the property located about 60 feet from the road and an additional farm dwelling on the south portion of the property located about 520 feet from the road. The faun dwelling consists of an old teacher's cottage that was moved to the property in 2001 and converted to a dwelling in 2010 with building permit B2007-1839H. The additional farm dwelling was built in 2013 with building permit B2010-1109H. All building, plumbing and electrical permits for the dwellings have been finalized. There is an agricultural storage structure located on the south side of the property about 100 feet from the road. Building permits for this structure have not been finalized. 11. Surrounding Zoning/Land Uses: Surrounding properties are'similarly zoned A-20a and consist of lots ranging in size from 2 to 12 acres. Most of these lots are non-conforming in size because they were created prior to the establishment of the first zoning code. -2- • These lots contain small farms with farm dwellings. The Kuwaikahi Stream is located on the adjacent State property to the northwest. The 11-acre property across Kihalani ' Homestead Road was recently rezoned from A-20a to A-5a in October 2018. 12. Agricultural Lands of Importance to the State of Hawai`i (ALISH): Prime Agricultural Land, which is land best suited for the production of food, feed, forage and fiber crops. The land has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modem farming methods. 13. Land Study Bureau's Detailed Land Classification System: "C" or "Fair" for agricultural productivity. 14. U.S. Soil Survey: The soil survey report classifies the soils within the property as predominately `O`okala silty clay loam (OoD), 12 to 20 percent slopes, which has been used primarily for sugarcane. Permeability is rapid, runoff is medium, and the erosion hazard is moderate. Roots can penetrate to a depth of 4-5 feet. 15. Flood Zone: Zone "X", an area determined by FEMA to be outside the 500-year flood plain. • 16. Flora/Fauna Resources: No formal flora or fauna studies were completed for the subject property because it was cleared and used for sugarcane production for many years in the past, and is currently being used for cattle grazing. The property's vegetation consists mostly of guinea grass. The property is not known to be a habitat for any rare, threatened or endangered species. 17. Historical and Cultural Resources: The property has been formerly bulldozed and used for sugar cultivation, thus it is unlikely that any surface historic properties remain. The property does not contain any features of cultural importance and there is no known history of traditional gathering associated with the property. 18. Public Access: There is no record of a designated public access that traverses the g property. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the subject property is from Kihalani Homestead Road, a County- owned and maintained roadway with a right-of-way width of 40 feet. Near the highway it is a two-lane road that drops down to a one-lane road with grass and dirt shoulders about -3- half way between the highway and subject property. The pavement width varies from 11 to 22 feet, but is about 12 feet wide fronting the subject property. There are two existing driveways from Kihalani Homestead Road to each of the farm dwellings. No new driveways are proposed. 20. Water: The subject property is currently served by two 5/8-inch County water meters, each limited to an average of 400 gallons per day. This will allow one water meter to serve each lot upon subdivision into two lots. A portion of the property is situated at an elevation where water cannot be delivered at adequate volume and pressure, under peak- flow and fire-flow conditions, from the County's existing water system facilities. Water System Standards for subdivisions allow only one lot to be out of the pressure zone, thus the applicants will be required to execute an Elevation Agreement with the Department of Water Supply. 21. Wastewater: According to the State Department of Health, there are three cesspools on the property. One for each dwelling and the agricultural storage building. 22. Solid Waste: Solid waste will be taken to the nearby transfer station by the individual lot owners or a private hauling service. Agricultural waste will be retained and utilized on the property. 23. Essential Utilities and Services: Police services are available nearby in Laupahoehoe. Fire and medical services are available in Hilo. All other essential utilities are available to the property. AGENCIES' COMMENTS 24. Department of Public Works- Engineering Division: P.D. Exhibit 3 — February 25, 2019 memo 25. Department of Water Supply: P.D. Exhibit 4—February 15, 2019 memo AGENCIES -NO COMMENTS/CONCERNS 26. Department of Environmental Management, Police Department, State Department of - Health, State Department of Land and Natural Resources- Engineering and Land Divisions. AGENCIES -NO RESPONSE 27. Fire Department, Department of Land and Natural Resources- State Historic Preservation Division, State Department of Agriculture, U.S. Fish and Wildlife Service. -4- PUBLIC COMMENTS 28. As of the date of this writing, the Department has not received any comments or objections from the general public or adjacent landowners on the subject application. • • • -5- °r. a , • CHANGE OF ZONE APPS:; CATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly paint the requested information) APPLICANT: Leonard and Marianne eeman > APPLICANT'S SIGNATURE: , / DATE: //402 ADDRESS: PO Box 449 Laupahoehoe, HI 96764-0449 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.)808-962-6146 (Fax) LANDOWNER(S): Leonard and Marianne Fre- an /, f LANDOWNER SIGNATURE(S):�— • 1i/.�. DATE: /(X'024r (May be by letter) r' . LANDOWNER(S)ADDRESS: PO Box 449 Laupahoehoe, HI 96764-0449 REQUEST: A-20a TO A-5a (Existing zoning (Proposed Zoning) TAX MAP KEY: (3)3-5-004-030 STREET ADDRESS OF PROPERTY: 35-272 Kihalani Homestead Road Laupahoehoe. HI 96764-0449 SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 11.57 acres AGENT: Zendo Kern Planning Consultant ADDRESS: 194 Wiwoole St. Hilo, HI 96720 TELEPHONE:(Bus-)808-333-3393 (Res-) (Fax) • PIease indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibit •a, ATTACHMENT Agricultum1R e zoning PLANN]MG DEPARTMENT COUNTY OF HAWAII APPLDATDN FOR CHANGE OF ZONE I. If yourrequestis approved,do you intend to subdivide the subct land i1 accordance with the approved change of zone? Yes Ifyes,phase answerthe restofquestnn 1 and then In question 3. a. How m any acres ofthe requested area do you Mend to subdivide? All b. Into whatbtsizes? 5 acres + c. Ifyourrequestis approved,appmxin ately how bng afterthe date ofapprovaldo you expectth subm ityoursubdivisirn plans to the Planning Deparmentthrprelinhaw approval? 1 month d. Do you intend to build houses on the newly created bis? No Ifyes,phase answerthe following questions: 0 n how m any ofthose lots? Atw hatapproxin ate prxe range? House Lot Total Approxi n ately how long,a$erapprovaloftile subdivisirn, would the frsthouse be availabb foroccupancy? Ifyou intend to subdivide,phase subm ita prs]in nary schem atic subdivision plan tngetherwith your change ofzone applicat bn fore • Yes, attached 2. Ifyou have no film plans ofsubdivi long the subctarea, do you intend trr a. Sellorhase the land to som eone who has frau plans? b. S ellorhase the land to som eone who has tentative plans? c. Sellorhase the land to som eone who has no plans? d. Keep e. Other phase state) i P.D,_ 5,84 • Tfyou iriend to do eithera, b,c,phase elaborate on the kind ofplans the otherparty has.P base, also ,siclide iz your answerappmox:.in ately how soon afterappmvalofyourJezoning do you'ex_pectto tiansferthe subctland to anotherparhy. 3. Do you think thatyourrequestand yourfurfherplans forthe land willallavia.te the bcalhousing situation? Yes How? Subdividing the lot into two parcels will create one additional fee simple lot which could,aid the current housing situation. 4. Are thee any buildings on the subjctamea? Yes Ifso, whatkind? The site has two single-family dwellings and an agriculture storage building. W hatdo you intend to do with those buildings ifyourmequestis approved? Keep them 5. Is the sub ctland currently being used forany agnculhualact ivity? Yes Ifso,phase listthe kinds ofproducts grown and on how m any squame feetoracies ofland perpmduct Cattle grazing 6. W as yourrequestto allow forthe creation ofsm aTbragzi;ultural lots? No If so, did yourplan include the following consiieiatbns? a. C om m odliy to be produced? W hatkinds ofcom m odity? b. Suitability ofthe proposed bt-size forthatcom m odity? c. SuiTrientfann size to allow reasonable chance ofsuccess in comm ercalagricult ue? 2 d. Agnculinalbases orotherfomn s ofassurance thatpotential buyers orbases would putthe subctama into some form of agrhulturaluse? Phase state the proposed type ofamngem ent Phase submityouragncultialplans forthe subctarea and pmsentevidence ofconstlerat on ofthe above requirem ents thgether with yourrequestfora change ofzone. Ifyou do notintend to subdivide the subct.hnd forsom e sortof agzbultuialpurpose,phase state yourothermasons. Estate planning 7. To yourknowhdge,has them been any fboding and/ordisinage pmbhm on the subctama? No Ifso,phase descrbe the pmbbm 8. Do you think thatthe mads hading to the subctama needs in pmvem encs? No If so, whatkind? Is the mad adequate forthe imposed traffic volum e orbad? Adequate 9. W hatsortofgovemm entalassistance and/oriapmvem ent do you feelw111 be needed in the subctama when devebped? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X -3- Yes No e. Police Pmtectbn X f. Fie P mtectbn X 9, RecxeatipnalFacilit es X h. Public Utilif s X �. Other X For those checked'yes",phase ehborate whattype orkiids of>n pmvem encs and/orassistance are needed. Sitnature: Address: PO Box 449, Laupahoehoe, HI 96764 Tehphone: 808-962-6146 Dat: h2 /7 I I -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-20a to A-5a) LEONARD EDWIN AND MARIANNE BROWN FREEMAN 35-272 KIHALANI HOMESTEADS, LAUPAHOEHOE, HAWAII TMK: (3) 3-5-004-030 I. INTRODUCTION Leonard Edwin and Marianne Brown Freeman ("applicants") are requesting the rezoning of an 11.57-acre parcel of land from the Agriculture (A-20a) to Agriculture (A-5a) district in Kihalani Homesteads, Laupahoehoe, Hawai'i. The property is located at the west side of Kihalani Homestead Road, approximately 0.50-miles from its intersection with Hawaii Belt Road. The Laupahoehoe School is located at the bottom of Kihalani Homestead Road where it meets Hawaii Belt Road. The adjacent property to the east of the subject site was recently rezoned from A-20a to A-5a in accordance with the Change of Zone Application REZ 18-000227 (Figure 1). If approved, the applicants intend to subdivide the 11.06-acre parcel into two (2) lots, consisting of a minimum of 5-acres each. The division of said lots is as such: The applicants wish to create the two-lot subdivision for estate planning purposes and will continue to reside in one of the homes. II. PROJECT LOCATION As noted earlier, the subject property is located at the west side of Kihalani Homestead Road, approximately 0.50-miles from its intersection with Hawaii Belt Road. The Laupahoehoe School is located at the bottom of Kihalani Homestead Road where it meets Hawaii Belt Road (Figure 1). III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 11.57-acres with two (2) single-family dwellings and an agriculture storage building. 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Paolos Jr., •44. `biyeboi *� •'' 4. \ Situated at Kihalanl, No. Hilo, ', '•'4"v G�` \ ,a, \� Island and County of Hawaii. W �. .�\\\/ An• TMK(3)3-5-004,030 � 'tt J'� ,-.2.., v 111' \ TMK(3):LOT 7-A 5-5-004: 029 �o (ZONE A-20a) 1, Y / \ OWNERS: 39t 272 Klhnlanl Homestead Rd. SITE $ RAMON ARJONA Ill Tax Mop Nay(3)3-5-006:030 .lei' ,�a°° RAMON ARJONA !V Ownore• O \ Leonard Edwin Fredman. SCA ) VICINITY NOEMAP MAP ' 77ys • POBoxa 449wn Freeman Q7. • Lapahoohoo,HI.96764 N I 'S,, 1 and Use Zone. °,. ' \ ii---...„,,,.0., Po•\ Proposed Land Use 2ano:A-5a aP / Protect Descrlalleai Subdivision of Lel 8-nio Lots B-A °° / (5.06 an.)and 8-B(6.51 ao.) h TMK(3),3-5-004: 035 ry Mao Nolen: Record dimensions per, 27.1 ACRES f /i. Reg.Nap Na.2496,Klhnlanl Hmslda., (ZONE A-20o) / / dmee 19LD OWNER: �/ Dsc.W 04-247231 STATE OF HAWAII o ✓ PROPOSED LOT No. 8-A / di 5.06 ACRES f • % / 0' 60' 120' • D7i �P�\ / ysoo, % SCALE IN FEET '0\\ .�d s.N /t 4,4, LOT No. 8. • // WV le v 11.57 ACRES f / \\\ ZONE A-20o l a_ _� — \ PROPOSED / \ DIVISION LINE / anon roc % / le-°° \•\•\ \�•�.`• /m,a:� / MO wam,uc,w • • \\ �_ N cRgNT `( .—•,l / Q - . �/ >. v 283 / O \• (.Y ,sena. O• 6 37'gg' 3!0.00. 1 ry &I \\ // \N 396 T� `, /i 'N TSU4/• NO /l / • \ ( / 'PROPOSED LOT No. 8-8 TF/94 l/' z 1Q • ( 6.51 ACRES f �Q `�J • 92'37'00' .\ •� . -/ 81, r — .�..�..�.. \ 90'20'0' •`. I 7 $.5'',5, 37`1.---, •� \ / \ ‘7,..47a.Po' ' {�L�` �•., unan /I 1 90IEI,4.. 00' r \ /O• 92'03'00' 130.00, ` �• _ \, •�.�•\e\ �Nro/ ��\ ._.._.---.`` n-smt rye/ ll' p�0 Thlundarkm dlPee orad myelon.ar y su \.\. / \\ .00.o. \ '�.�.` / Q 9 M.,,.„„ # Don eery (./ �•� \ 0 v 9Jy Licensed Proraeslonel Land Surveyor \ �•� `111,U.S.;'. License Number 11215 - • •\• . /s \, oo` LOT 9-A \, mo \\ Y�nvsman t TMX 70.75ACRE'3-5-004:S 031 \.$°o. _——• �`h`M�N; Q ♦ss � v 117.76 ACRES t TMK(3):3-5-O. . f -- °Op.-7-.-----r----. .-.-._.- - TMK(3J:3-5-004: 062 'l I (ZONE A-20o) 4.883 50. FT. ) \, p0, OWNERS: (ZONE A-20a 71 93589 "74°1 s• 0.11 ACRES f —i dib&Associates EARL D. BUSH, OWNERS: (ZONE A-200 1.1061113,111110.merwaa.aonsuMnnp Dote:September 26,2018 ET AL DONALD KEITH SYLVESTER TRST. OWNERS: Preliminary Subd.Mop I9 WM. HEE CHOY IV TR. P.O.Box 49-2281 Kaoau.HI.96749 Droning: J2016-231.dwg . Ph.966-4206 Fx.02-6630 www.dlbandaseoa.cam change of zone is approved and proposed subdivision completed thereafter, the additional farm dwelling would revert to a farm dwelling. Both homes and storage building are all permitted. It is understood that the subdivision plan submitted herein may have - to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the end 2019. The estimated cost of improvements for this project will be minimal based on the necessary improvements. No roadway or water improvements will be necessary as both lots will front Kihalani Homestead Road, which is a County owned and maintained roadway. Additionally, the subject parcel is served by the Department of Water Supply with two existing water meters. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Agriculture. Based on the proposed lot size, no State Land Use Commission action is required. The County of Hawai'i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the subject site as Important Agriculture Land. This designation allows consideration for uses that are single- ' family residential in character and agriculture uses. The proposed agricultural subdivision resulting in two (2) lots would be consistent with the Important Agriculture Land designation. As such, no General Plan amendment would be required to effectuate this project. 2 C. Hamakua Community Development Plan The Hamakua Community Development Plan (HCDP) attempts to further define the General Plan and serves as a guide for decision- makers. The proposed change of zone request is conducive to the following goals and policies outlined in the HCDP: 3.1.2 General Plan Settlement Framework�sQ The General Plan articulates the overall County's preferred settlement pattern in section 14.1:/skp]The future improvement and development objectives are directed toward making urban and rural centers more efficient, livable, and safe. Growth should be • encouraged in terms of renewing older areas or extending existing areas. The creation of new urban and rural centers should be initiated only when it is in the public interest and must be accompanied by commitments from both government and the private sector for the development of basic community and public facilities and services. Infrastructure costs less when new residential areas are located near existing highways, water and sewer lines, and employment centers. Lilo Policy 1 With the adoption of the Hamakua CDP, Figures 2-13 (pages 40-51) are adopted as the Land Use Guide Map for the Hamakua CDP Planning Area. Future land use decisions in the Hamakua CDP planning area shall be consistent with the Land Use Guide Map, unless the CDP and the General Plan are in direct conflict, in which case the General Plan shall be controlling. As with the General Plan Land Use Pattern Allocation Guide (LUPAG) map, the CDP Land Use Guide Map designates preferred future development patterns by indicating the general location of various land uses in relation to each other. To maintain consistency, the land use category definitions used in the CDP Land Use Guide Map are identical to those used in the 2005 General Plan LUPAG map. The CDP Land Use Guide Map also sets Urban Growth Boundaries for every town/village in the Planning Area where the Low-Density Urban designation ends. 3 Policy 5 In the official Land Use Policy Map, the urban growth boundary between developed areas•(designated "Low/Medium Density Urban') and lands designated as agricultural or rural are intended to direct growth in the Hamakua CDP planning area. Areas that are clearly beyond the designated Urban Growth Boundaries shall be preserved as rural or agricultural lands to maintain open space, scenic view planes, and natural beauty areas. 6.2 Strengthening Local Agriculture This section of the CDP guides efforts to strengthen the local agriculture value chain, including agricultural land acquisition, agricultural parks and water systems, the diversification of agriculture- based businesses on agricultural land, and agricultural tourism. 6.2.1 Community Objective Community Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. ;'skp' Discussion: the proposed request is consistent with the HCDP's Preferred Land Use Settlement Map and identifies this area as important agriculture lands, which is consistent with the County General Plan LUPAG map. The LUPAG map designates the subject site as "important agriculture land". The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG map and the HCDP concept map designation is Important Agriculture Land, and thus, the requested A- 5a zoning would be consistent. D. Countv•Zoning The County zoning of the subject property is Agriculture (A-20a). The majority of the surrounding properties are zoned (A-20a) with a few lots zoned (A-10a) to the northeast. While the surrounding properties are zoned (A-20a) and (A-10a), the lots vary in size from 2 acres to 10 acres +. The adjacent property to the east of the subject site was recently rezoned from A-20a to A-5a in accordance with the Change of Zone Application REZ 18-000227. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. 4 • Notwithstanding the subdivision requirements, all uses and standards consistent with the requested (A-5a) zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 0.60 miles from the shoreline at an 800+/- elevation. As such, the proposed action should not have anyimpactsarea's adverse on the area s coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts on the area's historic resources is not high. The site was previously bulldozed by the applicants and/or their predecessors for residential use, sugar- cane farming and some measure of cattle grazing. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed action will eventually involve the 'construction of improvements (particularly dwelling units) in an agriculture setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at most, a single-family dwelling on each of the proposed lots. Further, as the area of the site has a natural topography declining form mauka to makai, any structures on the site should not visually affect any scenic views of the adjacent properties or Kihalani Homestead Road. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 0.6 miles from the ocean with a 800+/- foot elevation. Notwithstanding the distance, the nature of the project —family agricultural — and the construction of only two (2) private wastewater systems are such that any potential coastal ecosystem impacts should not be found. 5 The proposed action will result in creating the potential for small-scale agricultural lots in this area. This should thus provide additional opportunities for small-scale farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned A-5a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent • with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is trapezoid shaped and is accessed via Kihalani Homestead Road, which is a County owned and maintained paved 6 access road. There are two (2) single-family dwellings and an agriculture storage building on the subject parcel. The site is situated at the 800-foot +/- elevation level. The site is fairly level form the east/west directions and has a gradual decline from the south to the west, with the highest point being at the southern end of the property. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for two (2) 5-acre + sized lots. There are homes on land ranging from 2 acres to 10+ acres proximate to and within the subdivision leading to the subject site. The general area looks to be more rural residential. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site appears to have a designation of "C" or "fair." The soil for the subject site is of the Ookala medial silty clay loam, with 10 to 20 percent slopes. It is well drained with a runoff class of medium and the erosion hazard is slight. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, it appears that approximately 95% of the site is classified as "1" (Prime Lands) with a small portion on thevery east end of the subject property as "unclassified." As noted earlier, the topography of the site slopes in a south to north direction, with the lower portion being at the south end. The slope appears to be between 10 to 15 percent. 7 C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the majority of the project area as Zone "X" (areas outside of the 500-year flood). There are no existing drainage ways on the site. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 8, on a scale of ascending risks 9 to 1. The majority of the Hamakua area falls in the Zone 8 category. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located 0.6 miles from the ocean and sits at the 800 foot +/- elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or fauna resources of the site, the applicant does not believe that rare or endangered floral or fauna resources are likely to be found within the subject site. The site was cleared and used for sugar cane production for many years in the past, and is currently being used for cattle grazing. The site's vegetation is mostly dominated by guinea grass typically called "cane grass." Thus, floral impacts should be minimal. 8 The site is not known to be a habitat for anyrare or endangered g animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (/'o) and the Hawaiian Owl (Pueo). That being said, the rural nature of the surrounding areas would make it less likely to find other protected or endangered animal life in this area. E. Historic/Cultural/Archaeological Resources -As the site was formerly bulldozed and cleared, no commissioned archaeological survey of the site was made. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicants have not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians,.the applicants intend to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. 9 H. Water and Coastal Resources The subject site is located approximately 0.60 miles from the coastline and sits at approximately 850 foot to 750 foot elevation. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. The existing dwellings are served by a wastewater system meeting with the approval of the State Department of Health. Noise, Air Quality, and Dust • Kihalani Homestead Road will serve as the main access to all of the proposed lots. The existing ambient traffic level in this area should not be impacted as the density is not changing. As such, the corresponding noise level should remain the same. This rezoning involves no planned construction projects of any sort and so no short-term noise impacts are expected. Further, since the project will not increase the density and„no construction projects are planned, the proposed development should not generate any direct air quality impacts as vehicular traffic to and from the site will remain the same. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site, nor will the proposed rezoning 'and subdivision action affect any of the scenic resources outlined in the General Plan. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural in nature with single-family dwellings and small-scale farms. There are parcels ranging in size form 2-acres to 10-acres + along Kihalani Homestead Road. Traveling on Kihalani Homestead Road from Hawaii Belt Road in a mauka direction towards the subject site, you can see many of the lots are approximately 2 acres in size. There are several 2-acre +1- parcels 10 • directly to the north of the subject site. Also, there are several parcels directly to the west of the subject site ranging in size from roughly 3.6 acres to roughly 3.8 acres. To the east of the subject are a 5.271-acre parcel and a 5.971-acre parcel. Given the existing and zoned conditions, the proposed rezoning and the two (2) 5-acre + lot subdivision would not be incongruous with the existing rural nature of this area. Further, the adjacent property to the east of the subject site was recently rezoned from A-20a to A-5a in accordance with the Change of Zone Application REZ 18-000227. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would make one (1) additional fee simple lot with some measure of agricultural potential more readily available. Although the request is for estate planning purposes, it would still enable the ultimate user the opportunity to engage in some sort of agricultural activity. C. Agricultural Impacts As noted earlier, the site has been and continues to be used for some limited measure of agricultural activity in the form of cattle grazing. With the continued trend of small-scale farming and less large-scale agriculture production, the proposed request does not have a significant negative impact to the agriculture element of the property, due to the lot sizes being a minimum of five (5) acres in size. Thus, the creation of one (1) additional lot should not diminish the site's agricultural potential nor have an impact on any active farms in the general area. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Kihalani Homestead Road, which is approximately 0.50-miles from its intersection with Hawaii Belt Road. Kihalani Homestead Road is a County owned and maintained roadway with a right-of-way of 40-feet. The pavement width varies 11 from 16-feet to 22-feet. Both lots will have direct access from Kihalani Homestead Road. B. Water There is a County water line fronting Kihalani Homestead Road. The Department of Water Supply has confirmed the subject property currently has two existing water meters which serve each existing dwelling. C. Wastewater There is no County wastewater system in this area. As noted earlier, the existing dwellings are served by wastewater systems meeting the approval of the Department of Health. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested A-5a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, most if not all, agricultural waste will be retained and utilized on the property. E. Other Government Services The Laupahoehoe area has some basic services needed for a rural area. Based on the creation and impact of one (1) additional lot, no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within 2 miles of the subject site. In addition, there are recreation facilities in the general area as well. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. 12 VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in less than intensive level of agriculture in the form of small-scale orchard and cattle grazing. The applicants would not have an opportunity to create an additional agriculture sized lot with a good measure of agricultural potential for their family. From a long-term productivity standpoint,the proposed additional one (1) lot could provide a heightened level of possibility in having the land used for more intensive, although on a smaller scale, agricultural activity while providing residential opportunity for family members. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has a classification of"C" or fair by the Land Study Bureau. Yet, there is always a potential for possible agricultural activity on the site. It is reasoned that the creation of the 2-lot subdivision should help foster and not remove this land from its agricultural potential. Further, it is not likely that the site has any significant archaeological features, which is evidenced by the prior grading of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant intends to make improvements, if required, generally consistent with the subdivision process. Also, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as 13 is required by the State and County) and clearance will be secured before work is resumed. There is no existing drainage way on the property. Any and all required grading or grubbing work would be done in conjunction with -the required permits and/or an SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its limited cattle grazing and residential status. The applicants would also not be able to reasonably facilitate their estate planning. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as A-3a or possible FA-la zoning, given the LUPAG Important Agriculture Land Use classification of the site and the proximate 1- and 2-acre parcels in this area. These zoning categories would arguably be consistent with some of the surrounding zonings. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, while being generally compatible with the surrounding agriculture uses. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could betaken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. 14 In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested A-5a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site Important Agriculture Land. This designation allows the requested A-5a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale family-agricultural farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The'General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. 15 The project will also be minimal in noise, except what may be associated with the limited cattle grazing or farming operations. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any flood way. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian Hawk (/'o) or the owl (Pueo), this area is not.their primary habitat. As such, the subject project should not haveany significant impacts on rare or endangered plant or animal life in this area. As the A-5a zoning would allow a dwelling, the project will indirectly fulfill the objectives of the housing element by creating one (1) more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions —will be used in a manner where it blends with the existing terrain. As the project site is approximately 0.6 miles from the ocean and has an elevation of 800+/- feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. • Further, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already fully improved to County dedicable standards and the site is accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 2 miles away. 16 Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • Agricultural land shall be used as one form of open space or green belt In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the important agriculture land designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are many 2 to 5-acre lots adjacent to and makai of the subject site. The soil of the site is classified "C" or fair by the Land Study Bureau. As such, while the resources are not high, there still is some agricultural potential. This request, however, should actually encourage more intensive agricultural activities on the site. • The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. 17 e C. Hamakua Community Development Plan As noted earlier, the Hamakua Community Development Plan (HCDP) attempts to further define the General Plan and serves as a guide for decision-makers.The proposed change of zone request is conducive to the following goals and policies outlined in the HCDP: 3.1.2 General Plan Settlement Framework iskJ- The General Plan articulates the overall County's preferred settlement pattern in section 14.1:Lskp/The future improvement and development objectives are directed toward making urban and rural centers more efficient, livable, and safe. Growth should be encouraged in terms of renewing older areas or extending existing areas. The creation of new urban and rural centers should be initiated only when it is in the public interest and must be accompanied by commitments from both government and the private sector for the development of basic community and public facilities and services. Infrastructure costs less when new residential areas are located near existing highways, water and sewer lines, and employment centers. L.57;J Policy 4 In order to preserve larger lot agricultural lands for productive agricultural use, allow rural development on lands near urban areas where an intermediate land use between residential and productive agricultural areas is consistent with the surrounding uses and rural character. This is reflected in the location of"Rural"(R) areas on the official Land Use Policy Map, which is intended to facilitate changes of zone to "Residential and Agricultural District"(RA) or the "Family Agricultural District"(FA). The maximum density for the Rural designation in the Planning Area shall be 1 unit per 1 acre. Policy 5 In the official Land Use Policy Map, the urban growth boundary between developed areas (designated "Low/Medium Density Urban) and lands designated as agricultural or rural (designated "Important Agriculture Land"or"Agriculture"or"Rural) is intended to be parcel- specific in the Hamakua CDP planning area. Areas that are clearly beyond the designated urban growth boundaries shall be preserved as rural or agricultural lands to maintain open space, scenic view 18 0 l' planes, and natural beauty areas. 6.2 Strengthening Local Agriculture This section of the CDP guides efforts to strengthen the local agriculture value chain, including agricultural land acquisition, agricultural parks and water systems, the diversification of agriculture- based businesses on agricultural land, and agricultural tourism. 6.2.1 Community Objective Community Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. 's_kP- Further, the proposed request is consistent with the HCDP's Preferred Land Use Settlement Map identified this area as important agriculture lands, which is consistent with the County General Plan LUPAG map. The LUPAG map designates the subject site as "important agriculture land". The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG map and the HCDP concept map designation is Important Agriculture Land, and thus, the requested A-5a zoning would be consistent. Discussion: the proposed request is consistent with the HCDP's Preferred Land Use Settlement Map and identifies this area as important agriculture lands, which is consistent with the County General Plan LUPAG map. The LUPAG map designates the subject site as "important agriculture land". The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG map and the HCDP concept map. designation is Important Agriculture Land, and thus, the requested A- 5a zoning would be consistent. D. Zoning and Subdivision The designated zoning of the site is A-20a. Should the A-5a zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. 19 E. State Land Use Agricultural Standards As the requested lots will be more than 5-acres, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 20 ey' Ilaxry Kim ChEistaphor J.Yuen ".J - eY Director s�'ea Bamd Kurrokawa,ASLA LEER®AP ant 9 .rf a au Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 a Hilo,Hawaii 96720-4224 (808)961-8288 a FAX(808)961-8742 November 5, 2008 Mr. and Mrs. Leonard E. Freeman P.O. Box 449 - Laupahoehoe, Hawai`i 96764 Dear Mr. and Mrs. Freeman: SUBJECT: Additional Farm Dwelling Agreement (FDA-08-000231) Applicant: Leonard E. and Marianne B. Freeman Land Owner: Leonard E. and Marianne B. Freeman State Land Use: Agricultural County Zoning: A-20a Land Area: 11.5 Acres Tax Map Key: (3)3-5-004:030 Pursuant to authority conferred to the Planning Director by Chapter 25, Article 5, Division 7, Section 25-5-77 of the Zoning Code and Planning Department Rule 13,Farm Dwellings, we have reviewed your request for an additional farm dwelling on the subject property. Your submittals included the following information: 1. Names, address and the signatures of the applicants/landowners. 2. A faun plan or evidence of the applicants' continual agricultural productivity or farming operation within the County, including an explanation of why this AFD is needed in connection with the agricultural productivity or farming operation. Your fatin plan included the following ongoing income producing agricultural activities: a. Ongoing agricultural activities include the following: i. The property is dedicated to agricultural use through the Real Property Tax Division; ii. The activity involves raising of cattle,poultry, propagation of awa, pineapple, edible and ornamental bamboos, various tropical fruit trees and; EXHI .IT A r Planning Dept® �---� Hawai`i County is an Equal Opportunity Provider and Employer Mr. and Mrs. Leonard E. Freeman Page 2 November 5, 2008 iii. Approximately 15 hours or more per day, 7 days per week are required for running the farm; and iv. Approximate annual income is more than$50,000 3. Applicant's commitment to the farm plan will be shown in the form of the enclosed Additional Farm Dwelling Agreement affidavit, to be notarized and • submitted for recordation with the Bureau of Conveyances,which states that the additional dwelling shall be used for farm-related purposes. Findings: • 1. In Chapter 205,Hawai`i Revised Statutes (HRS), the State Land Use Law does not authorize residential dwellings as a permitted use in the State Land Use Agricultural district unless the dwelling is related to an agricultural activity or is a farm dwelling. A farm dwelling as defined in Section 205-4.5, Chapter 205, HRS, means a single family dwelling located on and used in connection with a farm including clusters of single family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling. (emphasis added) 2. The subject lot was created prior to June 4, 1976 which,pursuant to HRS §205- 4.5(b), allows the first dwelling on the lot to be a single-family dwelling. • 3. The Farm Plan and the agreement to use the dwelling for agricultural or farm- related activity on the building site demonstrate that there is income producing agricultural activity. 4. In addition, the following agencies have submitted their comments as stated below: a. Department of Water Supply(DWS): "We have reviewed the subject application and have the following comments and conditions. Please be informed that there are two existing accounts that service this property. Each account has a 5/8-inch meter which is adequate for only one dwelling unit at an average daily usage of 400 gallons. Inasmuch as this application is proposing an additional (third) dwelling, the installation of a separate 5/8-inch meter would normally be required in accordance with the it • Mr. and Mrs. Leonard E. Freeman Page 3 November 5, 2008 Department's Rules and Regulations. However, the Department's existing water system facilities cannot support an additional water meter at this time. Extensive improvements and additions, which may include, but not be limited to, source, storage, booster pumps, transmission and distribution facilities, would be required. Currently, sufficient funding is not available from the Department for such improvements and no time schedule is set. Therefore, the Department has no objections to the proposed application, subject to the applicant understanding and accepting that the Department cannot provide service to the proposed additional farm dwelling. Further, should the application be approved, both dwellings shall not share the existing meter. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256." b. Department of Health (DOH): "Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and maybe a threat to public health•and the environment. Elevated arsenic levels were discovered in soil at founier sugarcane production areas on the islands. The NEER Office has identified former sugarcane • production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the property. We recommend that you review all of the Standard Comments on our website: www.state.hi:us/health/environmental/env-planning/landuse/landus e.htm. Any comments specifically applicable to this project should be adhered to. The use of individual wastewater systems is allowed. The type and number of individual wastewater systems will be determined by the wastewater rules in effect at the time of building peiiuit application." ( Mr. and Mrs. Leonard E. Freeman Page 4 Novernber 5, 2008 c. Department of Real Property Tax (RPT): Clearance dated October 30, 2008, TMK(3) 3-5-004-030-0000 "This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid up to and including June 30, 2009. This clearance was requested on behalf of LEONARD EDWIN& MARIANNE BROWN FREEMAN and is issued for this/these parcel(s) only. By Ann Kekahuna— Clerk REAL PROPERTY TAX DIVISION" Decision: In view of the above, your request to construct an Additional Farm Dwelling on the property is approved subject to the following conditions: 1. The AFD shall only be used to provide shelter for persons involved in the agricultural or farm-related activity on the building site. Family members who are not engaged in agricultural or farm-related activities are allowed to reside in the farm dwelling. 2. The agreement shall run with the land and apply to all persons who may, now or in the future, use or occupy the additional farm dwelling. The enclosed AFD Agreement must be returned to the Planning Department with the appropriate notarized signatures along with a check made out to the Bureau of Conveyances in the amount of$25.00 in accordance-with the enclosed AFDA Instructions. The Planning Department will not approve a building permit application for the additional dwelling until the AFDA document and all required attachments have been accepted for recordation. 3. All other applicable rules, regulations, and requirements of the Planning Department (including but not limited to the Zoning Code, Chapter 25), Depai talent of Public Works, Department of Water Supply, Fire Department and State Department of Health and any other reviewing agencies/divisions listed on the Building Peimit (BP) Application shall be adhered to. 4. The applicant is responsible for any State and Federal tax consequences due to the incomes produced from the farm activity. • Mr. and Mrs. Leonard E. Freeman Page 5 • November 5, 2008 5. Your AFDA has been approved based on ongoing agricultural activity as summarized previously in this letter. 6. The First Party shall allow the Second Party or its representative to inspect the faun upon reasonable prior notice. 7. This AFDA shall be valid for a period of two (2) years from the date of this • approval letter to secure a Building Penult for the additional faith. dwelling. Failure to secure a BP for this additional farm dwelling on or before November 3, . 2010 may cause the Director to initiate proceedings to invalidate the AFDA. Please feel free to contact Larry Nakayama of this office at 961-8288 should you have any further questions and/or concerns. Sincerely, G2-' CHRISTOPHE J. YUEN • Planning Director LN/JG:jlh 0:\AFDA\AFDALHN\Approvals\Freeman-Aprvl.doc Enclosures: AFDA document AFDA document instruction sheet xc: Mr. Milton Pavao,DWS Mr. Mike McCall, RPT "e. °p a4 R-340 STATE OF HAWAII o r +ft 6 9�; BUREAU OF CONVEYANCES RECORDED DEC 08, 2008 08:02 AM / `, r t; Doc No(s)2008-184275 I I III lUIiiiIflIfllflhIl JJJJ !s/NICKI ANN THOMPSON ACTING REGISTRAR 20 1/1 Z12 AFTER RECORDATION, RETURN BY MAIL TO: County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 TITLE OF DOCUMENT: ADDITIONAL FARM DWELLING AGREEMENT • PARTIES TO DOCUMENT: FIRST PARTY: LEONARD E. AND MARIANNE B. FREEMAN SECOND PARTY: COUNTY OF HAWAII PROPERTY DESCRIPTION: TMK: (3) 3-5-004:030 1 ' S ADDITIONAL FARM DWELLING AGREEMENT THIS AGREEMENT made and executed this 3rd day of November, by and between LEONARD E FREEMAN AND MARIANNE B. FREEMAN, herein called the "First Party," whose mailing address is P.O. Box 449, Laupahoehoe, Hawaii 96764 and the COUNTY OF HAWAII, herein called the "Second Party." IT IS HEREBY AGREED that the First Party may construct a farm dwelling located on the property described by Tax Map Key(3)3-5-004:030 situated within the State Land Use Agricultural district and zoned Agricultural (A-20a)by the Second Party. IT IS HEREBY ACKNOWLEDGED that the First Party is the legal owner of the property above described. IT IS HEREBY FURTHER AGREED that this approval to construct one additional farm dwelling is given subject to the following conditions: 1. The additional farm dwelling shall be used to provide shelter to person(s)involved in the agricultural or farm-related activity on the property. Family members who are not engaged in agricultural or farm-related activity are allowed to reside in the farm dwelling. 2. The agreement shall run with the land and apply to all persons who may now or in the future use or occupy the additional farm dwelling. 3. This agreement shall include any and all conditions specified in the Additional Faun Dwelling Agreement letter, attached to this document as Exhibit"A". IT IS HEREBY FURTHER AGREED that if this agreement is with a lessee, the legal owner shall be a party to this agreement. IT IS HEREBY FURTHER AGREED that should the pertinent provisions of the State and County laws and rules and regulations change to authorize said farm dwelling,upon request of the First Party, this Agreement may be reconsidered for possible amendment and/or severance. 2 IT IS HEREBY FURTHER AGREED that if the property is situated within the State Land Use Agricultural district,the Second Party may impose a fine of not more than$5,000 for violation of Section 205-4.5, Hawaii Revised Statutes. If the violation is not corrected within six months of such citation and the violation continues,a citation for a new and separate violation maybe imposed. There shall be a fine of not more than $5,000 for any additional violation. The Second Party may also impose fines for any violation of Chapter 25,Hawaii County Code, as amended,in accordance • with the procedures and fine schedule outlined in Division 3, Article 2, of said code. IN CONSIDERATION OF THE AFORESAID, the Second Party hereby approves this Agreement as being in conformity with Sections.205-2 and 205-4.5 of the Hawaii Revised Statutes, relative to permitted uses within the State Land Use Agricultural district. This Agreement is also in conformance with Chapter 25, Hawaii County Code, as amended. 3 E { IN WITNESS WHEREOF,the parties have executed this agreement on the day and year first above written. FIRST PARTY: LEONARD E. FREEMAN, Legal Owner 41D- MARIANNE B. FREEMAN, Legal Owner SECOND PARTY: RC-j>" " Christopher J. Yue , lanning Director County of Hawaii anning Department • • 4 • STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this I3 day of Novcvhb,w ,2008before mepersonally appeared LEONARD E. FREEMAN and MARIANNE B. FREEMAN to me known to be the persons described in and who executed the foregoing instrument, • and acknowledged that they executed the same as their free act and deed. I TA %O Go � Notary Public, State of LI `'$ i No. 2001-50 '.nj�•.'SUB LSC' •• P:� • TF ...N ya My commission expires: 211 Doc.Date:- k.(3 / °S' #Pages: LP �."'''o �Hf��'''•, Notary Name: --- 1/16f-v1--- 1/16f-v1--- 1/16f-v15'1-ThC- H_ 1o��,. 3"=rCircu ��P pTA,gj? Doc.Descripticn: `{.i-h°'".l ' 41)1,0-1 - • . -D14.)-6.Li. i)1 - -Dw-6.Li A r�r �+.,.-t- - 2v6 No. 2001-50 -.alb • 41111 a77 (3/O ' - (C) Notary Notary Signature n Date '',.9T1. OF NQ.•`•',` l'ghi l I$$%,.' 1 5 I,' STATE OF HAWAII ) ) SS COUNTY,OF HAWAII ) 1 -� Al1 , �„ r- 1 ( r; ?A. On thi 0 day o dC -, 2008 before me personally appeared Christopher J. Yuen, to me personally known, who, being by me duly sworn, did.say that he is the Planning Director of the County of Hawaii; and that the Planning Department of the County of Hawaii has no corporate seal; and that the instrument was signed on behalf of the Planning Department of the County of Hawaii, a government agency, and said Christopher J.Yuen acknowledged the instrument to be the free act and deed of said Planning Department, County of Hawaii. Patricia A. Koga ' ' �' otary Public,`State of Hawaii i 5'®�7/1® V My commission expires: . • 6 N19 FEB ?5 P[l LDEeARTMENT OF PUBLIC WORKS. COUNTY OF HAWAII HILO, HAWAII DATE: February 25, 2019 gCtaiit TO: Michael Yee, Planning Director FROM: ►epartmen t of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 19-000234) Request: A-20a to A-5a Applicant: Leonard and Marianne Freeman TMK: 3-5-004:030 We have reviewed the subject request forwarded by your memo dated February 11, 2019 and offer the following comments for your consideration: All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The drainage study and improvements must be completed prior to the construction of any proposed structures. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. All earthwork and grading activities shall comply with the requirements of Hawaii County Code, Chapter 10, Erosion and Sedimentary Control. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. Questions may be referred to Robyn Matsumoto at 961-8924. it\TNEID Manning Dept. FF, Exhibl °F W ATE0 S zi Oj1 <<a a7; 49a ' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII a ,V `'' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 cIFHAWAN:0 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 February 15,2019 TO: Mr. Michael Yee, Director = -F Planning Department1-7 i o ;. FROM: Keith K. Okamoto,Manager—Chief Engineer — 13 v SUBJECT: Change of Zone Application (REZ 19-000234) _ .3 Applicant—Leonard and Marianne Freeman Request: A-20a to A-5a Tax Map Key 3-5-004:030 co We have reviewed the subject application and have the following comments and conditions. Please be informed that there are two (2) existing meters (Account Nos. 590-08500 and 590-08600)fronting the existing parcel. The Department requests that the applicant designate, in writing,which lot within the proposed subdivision will be assigned the existing service, prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve,the existing meter or service lateral would need to be relocated-to comply with the Department's Rules and Regulations. The Department requests that the plat map be revised to show the existing meter locations with the meter numbers. The current lot configuration for the proposed subdivision, Lot 8-B, is situated at an elevation where water cannot be delivered at an adequate volume and pressure, under peak-flow and fire-flow conditions from the Department's existing water system facilities. Water System Standards for subdivisions allow only one (1)lot to be out of the pressure zone. The applicant would be required to execute an Elevation Agreement with the Department due to one(1) of the proposed lots being located at an elevation where the Department cannot provide adequate pressure. The property owner would need to send a copy of their deed to the Department,which is used to draft the written Elevation Agreement. Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, pc-5 Keith K. Okamoto,P.E. Manager-Chief Engineer TS:dfg • copy- Mr. Leonard and Ms.Marianne Freeman f;^c >y Y. -r � T, PlanningFEB 2 1 2019 Dept9 . . . Water, Our 914ost Precious! unity ource. . . Wai A Kane. . . • EXh I b I ' The Department of Water Supply is an provider and employer. - ---- —" 1 Leonard and Marianne Freeman i / Change of Zone Application No. 19-000234 Location Map .... _...,_ ....__ .„,,, „ . „. ._ .... , : , :„ ,.. r ` ' * G '' .� / - ,; /i^ ; °b r l''''''' ''''' ''..Uil‘;'2'.:i ' 1;7 . ' ''.:;:*4stoHorif''::'''''' ' '.l'.::/::;.:.:;.,,z,,,..,t"iklb'1:‘,:4,,::::::.,,,,,. , ' ``4 • • • i:---- / t • '.4"--..,•,....„, f ,.....\.. . \ Cs.... t .f f� 'j. l --. . Applicant's Request N Change of Zone from Agricultural-20 acres (A-20a) to Agricultural-5 acres (A-5a) in order to subdivide the 11 .47-acre property into two lots. Two lots is the maximum number of lots that can be created with A-5a zoning, should the change of zone reque : t be approved. ; The e are two farm dwellings (first farm dwelling and an a . • itional farm dwelling) and an agricultural storage b ilding on the property. he applicants wish to create the two-lot subdivision for estate planning purposes and will continue to reside in one of the homes. he property is currently being used for cattle grazing. 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( , ' V ( 0 r i ' .r. - -i/- itar/ir, , -- ' ' '• ' --- — --4--4--wir-- i ' W - ,••••:- ' - - N . , .'• , -'...'''''';:"t-\c$r. v sot.x".** ,, -•41`..k' - .'.*-—1. ..::: .:-- •-'..„. ....-$.•:•-iz- '-' —- _ . NI,**,p*:: ..4,t4-:-,,,,- ' ' , * ./r7...*‘**" '''""V`4 --' '11`.- ..,.. • , . , 1 View of Kihalani Homestead Road Looking West (Mauka) Property is on Right N• M e �} �} / ;, tp t 1 . -;;, fey •, _ w-. iq. Ailli 40.-, ' I ` i. ils .t �7zai It t; 4} �N NI] .i '4,1t-4.,,,,,, i 4. 11=!fir ^ � , yr I r t4-c, •, I s'' Planning Director's Recommendation Forward a favorable recommendation to the County Council for Change of Zon - Application No. 19-000234