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HomeMy WebLinkAboutCOM 0596.000 1998-2000 t+,q! w c.~ William G. Davis Mawging Director Stephen K. Yamashiro ,i Mayor ' Henry Cho +~C Depuly Managing Director Aar a~ fi~vunf~r ~f ~ttfir~{{ 25 Aupuni Street, Room 215 Hilo, Hawaii 96720.4252 (808) 961-6211 • Fax (808) 961-6553 KONA: 755706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96790 (808)329-5226 • Faz (608)326-5663 C.O (D ~~rl O rr c-n fV r;- December 20, 1999 - . ` - -a - ~ W ~ Honorable James Y. Arakaki, Chairman _ ~ and Members of the County Council ~ ro County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-011) Request: Agricultural to Rural Change of Zone Application (REZ 99-024) Request: A-Sa to RA-2a Applicant: Michael C. and Betty Jo Williams Tax Map KEY: 6-2-011:011 Street Names -Haleola Street &Haleola Place (SUB 6661-A) Ouli Mutual Self Help Subdivision Tax Map Key: 6-2-15:41 Street Name - Manu 'Aihue Place (SUB 4561) Francolin Place Subdivision Tax Map Key: 6-8-21:1-17 Street Name - Makana Aloha Place (SUB 7164) Kalani Estates Subdivision Tax Map Key: 6-8-26:135 Street Name - Huliko'a Drive (SUB 7121) Kamaaina Eight Properties Tazc Man Key: 7-3-58 No• Br !!s l 89 9 ® F11e No.~ ZN G Ref. To; P~' R6E. Date `J. ? 1gAUl Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, St hen K. Y~r ashiro Mayor L121799MAY Enclosures cc: Planning Department (Y 01 ~C~ Stephen K Yamaehim ,i~ hfayor ~~~0~ N~+ fi~>aixnf~r >a~ ~ttfuttii PLANNING COMMISSION 28 Auponi Stree4 Room 109 • Hilo, Hawaii %720-9252 (808) %1-8288 • Fax (8081961A615 -DEC 2 0 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-011) Request: Agricultural to Rural Change of Zone Application (REZ 99-024) Request: A-Sa to RA-2a Applicant: Michael C. and Betty Jo Williams Tax M Key;_ 6-2-011:011 The Planning Commission, after a duly held public hearing on December 2, 1999, voted to recommend for your approval the proposed legislative bill to change the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for approximately 6.72 acres of land. The property is located within Anekona Estates Subdivision between Kawaihae Road and Kanehoa Street approximately 1,100 feet west of the Kawaihae Road-Kanehoa Street intersection, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The Change of Zone Application from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acre (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use, Economic, and Agricultural Elements. 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. It is also 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 Land Use and Economic goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone 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. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Agricultural land shall be used as one form of open space or green belt. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 ECONOMIC • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. The applicants are proposing to create a two lot subdivision using a 2.8958-acre portion near Kanehoa Street and a 3.8214-acre portion adjacent to Kawaihae Road for agricultural and residential purposes. 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 subject property is designated as Low Density. This designation allows for developments that are single family residential in character, including ancillary community and public uses, and convenience type commercial uses. Therefore, it is determined that the request is consistent with the Low Density development form depicted on the LUPAG Map for this area of South Kohala. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Department of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural 5-acre and 1-acre zoned districts, and Residential and Agricultural-2 acres zoned district. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are encumbered with Condominium Property Regimes within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. Within the past seven months, the County Council approved similar applications for a State Land Use Boundazy Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for four parcels consisting of 5.001, 5.5154, 5.002, and 5.006 acres, respectively, in the Anekona Estates Subdivision. Within the Kanehoa Subdivision, similar land use changes were approved fora 5.588 acre parcel in September 1999 and a 5-acre pazcel in June 1998. In October 1996, State Land Use Boundary Amendments from an Agricultural to Rural District were approved for two 5-acre parcels within the Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have a right-of-way width of 50 feet with a 20-foot agricultural standazd pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the fair share contribution towards roads. Water for the proposed subdivision development will be provided by the existing 4-inch line fronting Kanehoa Street. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be required to dispose wastewater into a septic tank system. All other essential utilities and services are or will be trade available to support the proposed development. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Finally, because the subject property and surrounding areas have been extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna aze located within the subject property, nor has the azea been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X, an azea determined to be outside of the 500-yeaz flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-7, the North and South Kohala Districts Zone Map, of the County Zoning Code is transmitted. We aze enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Leonard S. Tanaka, Chair" man Planning Commission Lwilliazns02PC Enclosures cc: Michael and Betty Jo Williams Department of Public Works Department of Water Supply West Hawaii Office Kazu Hayashida, Director/DOT-Highways, Honolulu FILE COPY DO NOT REMOVE MOOERS ENTERPRISES 6Lit 9`7- l/ P.o. Box , , o, ICAMUELA, HAWAII 96743 STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural CHANGE OF ZONE APPLICATION Agricultural 5-acre to Residential Agricultural 2-acre Michael C. and Betty Jo Williams TMK: (3) 6-2-1 l:Il Anekona Estates Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises August 9, 1999 PHONE (808) 885-6839 Fnx: (808) 8A5-, 574 C . c F ~ 1.'~" i i.. ~ ~ ~ EMAIL GMOfI~-RS@IIlM.~"-T COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Michael C. and ,B//etty Jo Williams APPLICANT'S SIGNATURE: ; L~G~ ~ti~~ ~<<~~~~„ , MAILING ADDRESS: 3061 South 99th Ave. Omaha, Nebraska 68124 TELEPHONE: (BUS) (402) 391-6806 (HOME) (402) 393-6319 LANDOWNER: Same as Applicant LANDOWNER' S SIGNATURE: /[~t_ ~G(fltlr~ J~.otG~~{~~/~e ~~2uwi TAX MAP KEY: (3) 6-2-11:11 LAND AREA: 6.72 acres CURREN'P STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION:Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q PD 2/26/87 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Michael C. and Betty ro w;iiiamc APPLICANT'S SIGNATURE:~~~/~~'~_ ((~~P""`-' ~~et~~is~ a~'%w^ ~llATE: c ' - ADDRESS: 3061 South 99th Ave. Omaha, Neoraska 68124 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (4oz) 391-6806 (Res.) (40 1 'lel-tiva (Fax) LANDOWNER(S): same as Applicant LANDOWNER SIGNATURE(S): ~ " ~ ~",G~ATE: ~',%c'''79 (May be by lever) LANDOWNER(S) ADDRESS: same REQUEST: Agricultural 5-acres (A-Sa) 1'~ Residential-Agricultural 2-arrec !aa_~a) (Existingg inning) (Proposed Zontng) TAX MAP KEY: (3) 6-z-11:11 STREET ADDRESS OF PROPERTY: Lot 11 Anekona subdivis;on - - SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 6 ~ ~ • ~ ra AGENT: Mooers Enterprises Gregory R Mooers ADDRESS: P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHON&(Bus.) 885-6839 (Res.) CBS-n~F (Fax)~„~.~s,.~r~-= Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If Les, please answer the rest of q~iestion 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 6.72 acres b. Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: 2 On how many of those lots? There is presently one house, At what approximate price r°ange~.re w~ki~u8~ constructed $ 300,000 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Enclosed 2. If you have no firm plans of subdividing the subject area, do you intend ta: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will provide one additional residential-agricultural lot in the highly desirable South Kohala District. 4. Are there any buildings on the subject area? Yes If so, what kind? There is presently a single-family home on the site. What do you intend to do with those buildings if your request is approved? The present lot will be subdivided into two lots. One of the lots will have the existing dwelling the other will be vacant. 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools % b. Roads % c. Sewer R d. Drainage R -3- Yes No e. Police Protection X f. Fire Protection K g. Recreational Facilities X X h. Public Utilities i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. ~J ~ Signature: /~/'~~~~~f ti{~ ,i:. ~ia:~ ,4c r/o/~,•.c.L Address: 3061 South 99th Ave. Omaha, Nebraska 6814 Telephone: (402) 391-6806 work (4021 399-6919 home Date: jG'q~/ -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: Michael C. and Betty Jo Williams, OWNERS TAX MAP KEY (3) 6-2-11:11 Lot 1l Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-5a) zone, previously known as Unplanned, to the Residential-Agricultural [wo- acre (RA-2a) zone. The subject property (6 7172 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK 6-2-t l: l 1 GENERAL INFORMATION I . Michael C. and Betty Jo Williams are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.8958 acre portion near the Kanehoa Drive and a 3.8214 acre parcel adjacent to the Kawaihae Road. 3 The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Proposed Lot 11-A is fully developed with aone-story single-family residence. Proposed Lot 1 1-B is undeveloped at this time. 5. Electrical and telephone service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicants do not intend to improve lot l l-B at this time. APPLICANTS' STATEMENT 7. In support of this application, the applicants have submitted the following. (See attached statement. ) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9 The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character. ancillary community and public uses, and convenience type commercial uses. 10 The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. l I The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 6.7172 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13 The site is partially developed with asingle-family home on the proposed Lot 1 I-A, the balance of the site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14 There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 15 Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. l6. The topography of the site is fairly level with slopes less than 10%. 17 The average annual rainfall is 20 - 35 inches. I8. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine foams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains In a representative protile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. [n places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate Roots penetrate to the fragmental Aa lava l9 According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 30. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 3 L The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22 The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and t-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 23 There is a small State Urban district area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 25 Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. [n addition other lots have added residential units through the ohana process Recently there have been six lots that have re-districted to the Rural District and have had a change of zone to RA- 2a as these applicants propose. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28 The site is serviced by Department of Water Supply water. 29 Electrical and telephone service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 3 I The nearest police station is located seven miles east of the site in Waimea 32 The nearest fire station is located seven miles east of the site in Waimea. 33 The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: Michael C. and Betty Jo Williams TAX MAP KEY (3) 6-2-11:11 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas, (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (I )All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre- The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter l2 This exception shall apply to lots of record existing prior to January I, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section "The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives. (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii s people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. S[NGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe [hat the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. Six other properties have been re-districted to Rural and had their zone changed to RA-2a as these applicants propose. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. S. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: Michael C. and Betty Jo Williams TAX MAP KEY (3) 6-2-11:11 A. SUBJECT REQUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- ~a), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants' property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 6.7172 acres and will be subdivided to create two lots, 2.8958 acres and 3.8214 acres. One of the proposed lots, l l-A, is developed with aone-story single-family home, the other lot is presently vacant but will be developed at some time in the future for use as a residential agricultural lot. The present lot has access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. [t is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (I) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15- l 5-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18.500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling" Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning far the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives. (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to (I) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that retlect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • [mprove and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTiJRE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. [t is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density L'rban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Aneknoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. Six other properties have been re-districted to the Rural District and have had their zone changed to RA-2a as these applicants propose. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off of Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: l The property is a 6.7 (72 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3 A portion of the site is developed with aone-story single-family home and the balance of the property is undeveloped and is barren except for a few grasses and weeds. 4 Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5 There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6 Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7 The topography of the site is fairly level with slopes less than 10%. 8 The average annual rainfall is 20 - 35 inches. 9 The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of l to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 10 The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. [t is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. I 1 According to the Agricultural Lands of Importance to the State of Hawaii (AL[SH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor l3 The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14 The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and I-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. (5 There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. l7. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. [n addition other lots have added residential units through the ohana process. There are six additional lots that have been redistricted to Rural and had their zone changed to RA-2a as these applicants propose. D. PUBLIC FACII,ITIES AND SERVICES: I . The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5 The nearest police station is located seven miles east of the site in Waimea. 6 The nearest fire station is located seven miles east of the site in Waimea. 7 The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site Spencer Beach Park is located six miles west of the site. S Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: I The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3 Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal F[RM maps. 6 Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. S Dust generated during the construction period will be mitigated by standard construction dust control measures. 9 The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. I l The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. l2. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13 Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14 The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. l5 The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16 [n terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. SITE PHOTOGRAPHS Xt~. Access and Home on Proposed Lot 11-A 4 Ayyf Wb NE F Intersection of Access with Kanehoa Drive T IV K Y M Y ~ v dYN N Y u 11 Y 1 - l ~N ) ~ .01.9~~1 r5ll~ Y O Yom. _ $ _ 6 ' k ~ ro ~ U = tim 1~. ~zY n~ ' no V v a c "r _;si ~ y - ~3 o ;z h x3?i f ~ j~~~ y ~ iY~'. ~ i,~ o m~ i l%J n ~ o V O o N ~ ~ 4 ~:~s o nom. ~ ~[a Z mO H rte,)-. Q a ~ :ji ~ ~ C ~ m `Z; ~ in ~ o ~ a N i o a0 Z A Q ti O ~ a_' Xr'0 ? ~ _ ~ . z -~cn ~ O~ Z n So V~ Z~= ~ S O O /ya ~J ~ ~ ' 1 V ti p p ~ ~ ~ ~ ~ ~ ~ ~ sr.a.y (D ~ ~ ~ iyi u 1 ~ ' V ~ II ~ , ~ tp ~ i~ ~ ~ ~j F ~ ~ ~ m o o ~ , _ ,a r "e ~ y ~ r ~ I o ~ ~ ~ ~ O ) d ~~u t.. ~ ~ Y '•e.. :b } iI ~ $ ti n 8 L n ~ H Q Y1~ Il d _ _ ~ a l 3 ""ate ~ S - - - ~ - p` ~r U ` ~ ~ N 1 1 I ` ~ 1~ i f O ~~~O A M ~ ~ I~` O B W illiamc0l plh-I I /19/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MICHAEL C. & BETTY JO WILLIAMS STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-011) CHANGE OF ZONE APPLICATION (REZ 99-02y MICHAEL C. & BETTY JO WILLIAMS have submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA- 2a) for approximately 6.7172 acres of land. The property is located within Anekona Estates Subdivision between Kawaihae Road and Kanehoa Street approximately 1,100 feet west of the Kawaihae Road-Kanehoa Street intersection, Ouli, South Kohala, Hawaii, TMK: 6-2-11:11. GENERAL INFORMATION 1. Land Ownership: Michael C. and Betty Jo Williams aze the fee owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicants aze proposing to change the existing Agricultural land use designation to Rural and change the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 6.7172 acres of land. 3. Objectives: "The applicants aze proposing to create a two lot subdivision using a 2.8958 acre portion neaz the Kanehoa Drive and a 3.8214 acre pazcel adjacent to the Kawaihae Road. "The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. "Proposed Lot 11-A is fully developed with aone-story single-family residence. Proposed Lot 11-B is undeveloped at this time. "Electrical and telephone service are available to both lots through the underground utility system of the Anekona Estates subdivision. "The applicants do not intend to improve lot 11-B at this time." -1- c~ ~ =/6 ('v, ~ , 4. Supportive Information: The applicants have submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications) STATE AND COUNTY PLANS 5. SLU: Agricultural. 6. Hawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The LUPAG Map designates the area of the subject property as Low Density. This designation allows for developments that are single family residential in chazacter, including ancillazy community and public uses, and convenience type commercial uses. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa) under the present Zoning Code. However, prior to the adoption of the December 7, 1996 Zoning Code, the subject parcel was zoned Unplanned. 10. SMA: The property is not situated within the Special Management Area. 1)F4C'Ri_PTION OF SUBJECT PROPERTY AND SiTRROUNDIN RFA 11. Property: The subject property has a total azea of 6.7172 acres. The property is rectangular shaped, and is located within the Anekona Estates Subdivision, a 36-lot subdivision. There is one existing dwelling on the property. 12. Surrounding Zoning/Land Uses: Surrounding lands aze located within the State's Agricultural and Rural Districts and in the County's Agricultural 5-acre and 1-acre, and Residential and Agricultural-2 acres zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmazk Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There aze approximately 25 lots that aze -2- • • encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. Within the past seven months, the County Council approved similar applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A -5a to RA -2a for four parcels consisting of 5.001, 5.5154, 5.002 and 5.006 acres, respectively, in the Anekona Estates Subdivision. Within Kanehoa Subdivison, similar land use changes were approved for a 5.588 acre parcel in September 1999 and a 5 -acre parcel in June 1998. In October 1996, State Land Use Boundary Amendments from an Agricultural to Rural District were approved for two 5 -acre parcels within the Kamuela Plantations Subdivision. (See Exhibit B — Tax Key Maps) 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor). • 15. U.S. Soil Survey: The soils are classified as Pu'u Pa extremely stony very fine sandy loam (PVD), 6 to 20% slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark -brown and dark, yellowish -brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. 16. FIRM: The subject property is located within Zone X, an area determined to be outside the 500 -year flood plain. 17. Flora/Fauna Resources: According to the applicants' environmental report, the undeveloped portion of the subject property is barren except fora few grasses and weeds. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life . in the area. -3- 18. Archaeological Resources: According to the applicants' environmental report, there is no evidence of historical or cultural features on the parcel. Since the site has been previously grazed by cattle, it is expected that no azcheological features exist on the property. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any azchaeological sites be encountered during the course of development. PUBLIC UTILITIES ANi~ SFRVICES 19. Access: The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have aright- of-way width of 50 feet with a 20-foot agricultural standazd pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 20. Water: Water is provided by an existing 4-inch waterline within Kanehoa Street fronting the subject property. 21. Wastewater: There is no municipal sewer system in the azea. According to the Department of Health, the property is situated within a Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. 22. Utilities: Electrical and telephone services are or will be made available to the property. ArFN IES' COMMENTS 23. Department of Public Works (September 28,1999 Memo):"We have reviewed the subject application and offer the following comments: All development generated runoff should be disposed of on site and should not be directed towazd any adjacent properties. • A drainage study should be prepazed and a drainage system should be installed meeting with the approval of DPW. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code." Applicants' Response (October 18,1999 Letter): "Your letter to me dated October 14, 1999, transmitted the comments from the -4- Department of Public Works, and the Department of Health on the applications identified above. "I have reviewed these comments and offer the following comments: • All development generated runoff will be disposed of on-site and will not be directed towazd adjacent properties. • All grading and grubbing activities will comply with Chapter 10 of the Hawaii County Code. • We would prefer to do a drainage study if and when improvements aze proposed for the site and have that condition be placed in the subdivision approval requirements rather than include this condition at change of zone. The wastewater improvements will meet the requirements of the Department of Health." 24. Police Department (September 21,1999 Memo): "Staff has reviewed the above-referenced proposal and found no adverse effects to public safety or traffic created by the proposed action." 25. Department of Land and Natural Resources -Historic Preservation Division (October 7,1999 Letter): "Thank you for your Memorandum of September 15, 1999 and the opportunity to review and comment on the subject application. "The information submitted with the two applications indicates that the 6-172 acre pazcel, which is located on the north side of Kanehoa Drive approximately one-quazter of a mile south of Kawaihae Road, has been previously graded and used for cattle pasture. According to this application there is also a partially developed single-family home on this pazcel. Based on this information we concur with Mooers Enterprises, the firm that prepared the applications, that it is highly unlikely that significant historic sites would be found on this property. We thus believe that the proposed two lot subdivision will have "no effect" on significant historic sites." 26. Department of Health (September 22,1999 Memo): "The subject project is located in a Critical Wastewater Disposal Area. A lot size of five (5) acres are required for the use of a cesspool. An upgrade from a cesspool to a septic system will be required for lots created less than five (5) acres." Applicants' Response (See October 18,1999 Letter above) -5- 27. State Land Use Commission (September 21,1999 Letter): "We have reviewed the subject applications forwazded by your memorandum dated September 15, 1999, and confirm that the subject parcel, as represented on the vicinity map, is designated within the State Land Use Agricultural District. "We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application." 28. Department of Water Supply: (See Exhibit C -October 6,1999 Memo and November 12,1999 Letter) 29. Department of Transportation -Honolulu (See Exhibit D -November 12,1999 Letter) AGENCIES - NO RESPONSE 30. Department of Land and Natural Resources - Depaztment of Finance, Fire Department, Real Property Tax, Divisions of Land and Land Management and Depaztment of Agriculture PiTBL.IC COMMENTS 31. The Department has not received any comments or objections from the general public or adjacent landowners on the subject applications. -6- C NTY OF HAWAII PLANNING DE RTMENT APPLIC' '.ON FOR STATE LAND USE BO" ARY AMENDMENT (15 ACRES OR LESS) APPLICANT; Michael C. and Betty Jo Williams APPLICANT' S SIGNATURE: ~ ~ •'j<< ' ; , MAILING ADDRESS: 3061 South 99th Ave. Omaha, Nebraska 68124 TELEPHONE: (BUS) (402) 391-6806 (HOME) (402) 393-6319 LANDOWNER: Same as Appliccant LANDOWNER' S SIGNATURE: 1~~1! ~'t. I ,t Gll~((r~ v 1'.~,t ~,.{~J%« %~2,,,,,,, TAX MAP KEY: (3) 6-2-11:11 LAND AREA: 6.72 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION:Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. - 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. PD02/26/87 EXHIBIT A` t :ANGE OF ZONE APPS ~ATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Michael C and BetS/,v/ to witt;am~ APPLICANT'S SIGNATURE: ~~~~f-- Ix ~~!~~rsi UATE:~: ' 1a ADDRESS: 3061 South 99th Ave. Omaha, Nebraska 68124 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (402) 391-6806 (Res.) (402) 99'i-64t9 (Fax) LANDOWNER(S): Same as Applicant LANDOWNER SIGNATURE(S): ~ ~ ~'G""'~'ATE: ~ (May tx by letter) " LANDOWNER(S) ADDRESS: Same REQUEST: Agricultural 5-acres (A-Sa) Tp Residential-Agriculturat 2-arras tan-%a) (Existin zoning) (~Poud Zo~6) TAX MAP KEY: (3~ 6-2-11:11 STREET ADDRESS OF PROPERTY: Lot i l Anekona Subd v; aion SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: ~ ~ ~ AGENT: Mooers Enterprises, Gre or R. Mooe ` ADDRESS: P•0. Box 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.) 885-6839 (Res.) eas-n a~ (F~)-:5~--1r~;---- Please indicate to whom original correspondence and copies should be sent. ORIGINAL: wooers COPIES: (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of q+iestion 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 6.72 acc b. Into what lot sizes? 2+ acre_ c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? Yes If ves, please answer the following questions: On how many of those lots? 2 - There is presently one house, At what approximate price r°ange~.re wi.~~u~rA constructed $ 300,000 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone applicatlon form. Enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or Lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intena ~o do either a, b, c, please elateorate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will provide one additional residential-agricultural lot in the highly desirable South Kohala District. 4. Are there any buildings on the subject area? Yes If so, what kind? There is presently a single-family home on the site. What do you intend to do with those buildings if your request is approved? The present lot will be subdivided into two lots. One of the lots will have the existing dwelling the other will be vacant. 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural No lots? If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for chat commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural pans for the subject area and present evidonce of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools R Y b. Roads X c. Sewer X d. Drainage -3- Yes No e. Police Protection R f. Fire Protection x g. Recreational Facilities R h. Public Utilities R i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. lL ~ ` it Signature: ~ pia.( . L.i~ ~ ~ ri~/~Cc~.~;.cc Address: 3061 South 99th Ave. Omaha, Nebraska 6814 Telephone: (402) 391-6806 work (402) 'i9'1-6'i19 Home Date: j6'99' -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: Michael C. and Betty Jo Williams, OWNERS TAX MAP KEY (3) 6-2-11:11 Lot 11 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two- acre (RA-2a) zone. The subject property (6.7172 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11: i 1 GENERAL INFORMATION 1. Michael C. and Betty Jo Williams aze the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using a 2.8958 acre portion near the Kanehoa Drive and a 3.8214 acre parcel adjacent to the Kawaihae Road. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Proposed Lot 11-A is fully developed with aone-story single-family residence. Proposed Lot l t-B is undeveloped at this time. 5. Electrical and telephone service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicants do not intend to improve lot I l-B at this time. APPLICANTS' STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. ' l 1. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 6.7172 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. l3. The site is partially developed with asingle-family home on the proposed Lot I 1-A, the balance of the site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. l5. Common animal species in the area include field mice and mongoose. There is no known or recorded raze or endangered animal or plant life in the area. l6. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. l8. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 7l degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. [n a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. [n places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. l9. According to the Agricultural Lands of Importance to the State of Hawaii (AL[SH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 2l . The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and l-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. [n addition other lots have added residential units through the ohana process. Recently there have been six lots that have re-districted to the Rural District and have had a change of zone to RA- 2a as these applicants propose. ` PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 39. Electrical and telephone service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 3 1. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: Michael C. and Betty Jo Williams TAX MAP KEY (3) 6-2-11:11 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the [Zural district boundazies: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in azeas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (l)All uses permitted under section I S-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January I, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Fazm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction 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." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regazd to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably _ priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii s people. - (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. The County, shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. _ • The County shall incorporate reasonable Flexibility in codes and ordinances to achieve a diversity of socio- econorttic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures. streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district, is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. Six other properties have been re-districted to Rural and had their zone changed to RA-2a as these applicants propose. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. lnc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: Michael C. and Betty Jo Williams TAX MAP KEY (3) 6-2-11:11 A. SUBJECT REQUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural Z-acres (RA-2). The request is to allow for a two lot subdivision of the applicants' property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that aze not presently allowed in the State agricultural district. The lot is 6.7172 acres and will be subdivided to create two lots, 2.8958 acres and 3.8214 acres. One of the proposed lots, 1 l-A, is developed with aone-story single-family home, the other lot is presently vacant but will be developed at some time in the future for use as a residential agricultural lot. The present lot has access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. [t is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (l) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section l S-I 5-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum tot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter l2. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (l) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs•and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity ofsocio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these aeeas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary' community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The _ State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Aneknoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. Six other properties have been re-districted to the Rural District and have had their zone changed to RA-2a as these applicants propose. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilitiesand services are available to the property which are essential to accommodate rural development. Access to the subject property is off of Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Cotes of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use - Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: l . The property is a 6.7172 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. A portion of the site is developed with aone-story single-family home and the balance of the property is undeveloped and is barren except for a few grasses and weeds. 4. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of l to 9, only a few percent of this area has been covered by lava in the past 10,000 years. l0. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1.000 to 2,500 feet _ and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20% slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. [t is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (AL[SH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. l3 The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and I-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There are six additional lots that have been redistricted to Rural and had their zone changed to RA-Za as these applicants propose. D. PUBLIC FACILITIES AND SERVICES: I . The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: l . The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the chazacter of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standazd construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. I I . The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. l2. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. l4. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. i 5. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. [n terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and ircetrievable commitment of only negligible quantities of natural resources. SITE PHOTOGRAPHS <:-8 Access and Home on Proposed Lot 11-A - - r - 'm:: Intersection of Access with Kanehoa Drive o ~ ~ r; ~ ~ / r ~ .i z - r rrrr _ _ ' i ~ 1 7 ~ .i~i. ~ ti a D i ~ _ r.: 6~ ~ t!r_ _ ° • ~sa;r ,o 7 i-! ~ ~ o ~ N ~ e E o k 2 h Y'o . I• 4i o~W °y 2 Qoo ~ o ~ ° ' '-t; ~ ~ R f ; e 0.2 ~ Q ° i ~ ~ •-i~ I S ~ t~ `taf s s ~ 1 ~ }~~4 q=( W K oY iii o- ~ n~ i ~ i _ i i ~ ,+Rr ~ - ' 1:. - c ; r ;t F. 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't > • rli ~i q~ ~~•hAr ~ '"gLlITY'Yw T^Pi W .,,v li DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII e '~j •7 ,`,tT~ 25 AUPUNI STREET • HILO, HAWAII 96720 x~r~ TELEPHONE (608) 981-6860 FAX (606) 981-8657 October 6. 1999 :99 'O T0: Planning Department o~ ti 1~ ~ FROM: Milton D. Pavao, Manager -o T.c.- 3 rte, C+O SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-011) :'-t-` REQUEST: AGRICULTURAL TO RURAL ~ N CHANGE OF ZONE APPLICATION (REZ 99-024) APPLICANT - MICHAEL C. AND BETTY JO WILIAMS REQUEST: A-5a TO RA-2a TAX MAP KEY: 6-2-011:011 We have reviewed the subject application for the proposed State land use boundary amendment and change of zone and have the following comments. Water can be made available from an existing 4-inch waterline within Kanehoa Street fronting the property. The parcel currently has one service with the Department through a 5/8-inch meter. Pursuant to the Department's "Water Commitment Guidelines Policy." a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one additional lot that is requested in the proposed change of zone application, the required water commitment deposit is 5150.00. Remittance of 5150.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. One of those conditions will he that the 5/8-inch meter is restricted to a maximum daily flow of 600 gallons. Should the daily use exceed this amount. the Department reserves the right to require the installation of a larger meter and the payment of the appropriate facilities charge. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. EXHIB!'~ UVaf¢r brined pro~re~d... c1 ¦ur~r LI I1 11 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o~ ~ 25 AUPUNI STREET HILO, HAWAII 96720 4l' XIM1\\.~, TELEPHONE (906) 9616660 FAX (80B) 961-8657 November 12, 1999 Mr. Michael C. Williams ~ Ms. Betty Jo Williams . - 3061 South 99`(' Avenue , ; Omaha, NE 68124 c.--' S~ _ 1 WATER COMMITMENT RECEIPT CHANGE OF ZONE APPLICATION (REZ 99-024) TAX MAP KEY: 6-2-011:011 This is to acknowledge receipt of the $150.00 water commitment deposit for the change of zone for the subject pazcel. We are enclosing receipt No. 201540 for your files. In accordance with the Department's "Water Commitment Guidelines Policy," a water commitment for the proposed development is hereby granted until October 31, 2002. This water commitment is in the amount of 600 gallons per day or one additional unit of water at 600 gallons per day per unit. For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval of the subdivision will be subject to the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to a service lateral that will accommodate a 5/8-inch meter to the proposed new lot. Submit installation plans prepazed by a professional engineer, architect, or land surveyor, registered in the State of Hawaii. 2. Remit the prevailing facilities chazge balance, which is subject to change, of $3,225.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. For your information, the amount of the water commitment deposit may exceed the prevailing facilities charge amount, for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities chazge balance is $3,225.00. ~ ,1 ~ / 1 ~/Vaf¢r brine rro~r¢d~... Mr. Michael C. Williams Ms. Betty Jo Williams Page 2 November 12, 1999 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please call our Water Resources and Planning Branch at 961-8665. Sincerely yours, ilton D. Pavao, P.E. Manager BCM:gms Enc. copy - (w/o enc.) Mooers Enterprises Planning Department BENJAMIN J. CAVETANO ' ' KAZU HAVASHIDA GOVERNOR p~E^~~'~" ~9k DIRECTOR 4 ~ e,Y 59 9~ 5I DEPUtt DIRECTORS BRIAN K. MINAAI ~ Jp/I~ GLENN M. OKIMOTO e"'s an.p',~. STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813.5097 2.6159 NOV 12 1999 `'D .4 Ms. Virginia Goldstein , , Director " ~~y r: J` Planning Department _ County of Hawaii 25 Aupuni Street, Room 109 ~ ~ Hilo, Hawaii 96720 ~ o Dear Ms. Goldstein: Subject: Land Use Boundary Amendment (SLU 99-011), Agricultural to Urban, Change of Zone (REZ 99-024) , A-Sato RA-2a, Anekona Estates Subdivision, Ouli, South Kohala, TMK: 6-2-11: 11 Thank you for requesting our review of the proposed land use boundary amendment and change of zoning. We have the following comments: 1. The proposed 2-lot subdivision by itself should not result in any significant impacts on our State highway facilities. However, we view the application as a precedent leading to greater housing density and vehiculaz traffic. If more of these 2-lot subdivisions are permitted, their cumulative effects will result in increased traffic and safety impacts at the intersections of our Waimea-Kawaihae Road with Anekona and Kanehoa Streets. 2. We understand that you are awaze of this problem and are presently investigating the possibility of having all of the subdivision owners share the cost of any needed highway improvements such as channelizing and illuminating intersections. 3. For further information in determining the needed roadway improvements, please contact and coordinate with our District Office in Hilo. EXHIBIT I~ , ~ : Ms. Virginia Goldstein HWY-PS 2.6159 Page 2 NOV I ~ 1999 4. The applicant should be informed that a 10-foot wide planting screen easement should be provided along Kawaihae Road and that the property's frontage to Kawaihae Road should be marked as "No Access Permitted". Very tr/uly yours, ~iy~ /c>~~~-.sGv KAZU HAYASHIDA Director of Transportation