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HomeMy WebLinkAboutCOM 0843.000 1998-2000 O tV OF Stephen K. Yamashiro William G. Davis Managing Director Mayor j . L y G J U 1.3 as • Henry Cho 1lE ~e•M~~' Deputy Managing Director ~II1TIi~J of ttfutttt 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (908) 961-8211 Fax(808)961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax(808)326-5663 July 5, 2000 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 00-002) Request: Agricultural to Rural Change of Zone Application (REZ 00-002) Request: A-5a to RA-2a Applicant: Susan and Sheldon Spencer Tax Man Key 6-241:36 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced requests. Sincerely, g~ St ephen K. Yhiro Mayor Comm. No.143 L071600MAY Enclosures File No. cc: Planning Department Ref. To: Car l/,j 83 Ref. Date JUL 0 7 Tali Stephen K Yamashim Mayor ` i. ..Of'N PLANNING COMMISSION 25 Aupuni Street Room log • Hilo, Hawaii %720 4252 (808) 961-8288 ` Fax (8%) %1-9615 JUL 0 5 2000 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 00-002) Request: Agricultural to Rural Change of Zone Application (REZ 00-002) Request: A-5a to RA-2a Applicants: Susan and Sheldon Spencer Tax Man Key: 6-2-1136 The Planning Commission, after a duly held public hearing on June 16, 2000, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from an Agricultural to the Rural District and a Change of Zone changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for approximately 5.0014 acres of land. The property is located in Anekona Estates Subdivision at the western comer of Kawaihae Road and Anekona Street intersection and across of Waimea Landmark Estates, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the applications: State Land Use Boundary Amendment 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 Rule 13 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the 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. Surrounding lands are zoned A-5a, A-la, RA-2a and located within the State's Agricultural and Rural Districts. There are agricultural activities (coconut trees, various plants) on an adjacent parcel TMK: 6-2-11: 33 directly west of the subject property. Kanehoa Subdivision (SUB 5238), a 26-lot subdivision granted Final Subdivision Approval on April 29, 1985, is located immediately to the east and zoned A-5a and RA-2a. Kamuela Plantations (SUB 4627), a 10-lot subdivision granted Final Subdivision Approval on April 30, 1981, is located further to the east and also zoned A-5a. Waimea Landmark Estates (SUB 4737), a 26-lot subdivision granted Final Subdivision Approval on December 17, 1981, is located across the Kawaihae Road 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 (CPR) within the Anekona Estates and Kanehoa Estates 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 Anekona Estates Subdivision, the following State Land Use Boundary Amendments from Agricultural to Rural and Change of Zone from A-5a to RA-2a, each consisting of approximately 5 acres, were approved: A. TMK: 6-2-11: 22, Ordinance No. 98 112 (REZ 905) effective 11/19/98 to Henry C. Williams and William R. Sanford (SLU 1017). Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 B. TMK: 6-2-11: 6, Ordinance No. 99 50 (REZ 911) effective 5/4/99 to Michael K. and Thuy Fujimoto (SLU 1024). C. TMK: 6-2-11: 5, Ordinance No. 99 64 (REZ 915) effective 5/13/99 to Willis C. Morriss (SLU 1027). D. TMK: 6-2-11: 27, Ordinance No. 99 78 (REZ 917) effective 6/24/99 to Robert P. Marx (SLU 1029). E. TMK: 6-2-11: 18, Ordinance No. 99 121 (REZ 925) effective 10/22/99 to Guido Giacometti and Susan Tius (SLU 1038). F. TMK: 6-2-11: 11, Ordinance No. 00 14 (REZ 941) effective 2/8/00 to Michael C. and Betty Jo Williams (SLU 1048). Within the Kanehoa Subdivision, similar applications were approved: G. TMK: 6-2-9: 10, Ordinance No. 99 94 (REZ 921) effective 8/19/99 to Scott T. and Susan Fujie Shimabuku Nakahara (SLU 1032). H. TMK: 6-2-9: 25, Ordinance No. 98 72 (REZ 891) effective 7/2/98 to Dr. William and Patricia Bergin (SLU 1006). In addition, State Land Use Boundary Amendments from an Agricultural to Rural District were approved for two 5-acre parcels within the Kamuela Plantations Subdivision in October 1996. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. 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." Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The proposed boundary amendment is for similar agricultural land uses and uses that are compatible with the Rural designation. The applicants have stated that the 5.0014 acres will be subdivided into two residential/agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with the Land Use Element of the General Plan. 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 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. * 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 The proposed Rural boundary amendment request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan. 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. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 * 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. * 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 proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Extensive Agricultural. The Extensive Agricultural designation includes pasturage and range lands. The Anekona Estates Subdivision, as well as adjacent subdivisions, includes a mix of residential and limited agricultural activities. The request would allow a rural development for Residential-Agricultural uses. It is therefore determined that the request is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. 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. All utilities and services are available to the property, which are essential to accommodate rural development. Access to the property is from Kawaihae Road via Anekona Street to a roadway easement with an approximately 20-foot pavement width. The subject property is located on the corner of Kawaihae Road and Anekona Street. Anekona Street has a 20-foot wide pavement within a 50-foot right-of-way. Kanehoa Street, located east of the subject property, is a connector road into the adjacent Kanehoa Subdivision. Water is provided by a 4-inch County water line, which fronts the subject property. 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. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). While the subject property is within the State Land Use Agricultural and County's Agricultural - 5a zoned districts, it is not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. The surrounding properties are also zoned A-5a, A-la, and RA-2a by the County, and within the State Land Use Agricultural and Rural districts. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties in view of the surrounding properties and permissible uses. Finally, it should be noted 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 (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. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. 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 also be considered as they may have an impact on similar areas in the County. The Change of Zone Application from Agricultural-5 acres (A-5a) to a 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: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 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. 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 requesting the change of zone to create a two-lot subdivision consisting of 2.5 acres each. One parcel will be retained, and the other will be sold. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 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 Extensive Agricultural. This designation includes pasturage and range lands. The Anekona Estates Subdivision, as well as adjacent subdivisions, includes a mix of residential and limited agricultural activities. The request would allow a rural development for Residential-Agricultural uses. It is therefore determined that the request is consistent with the rural, low-density 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 Pun 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 dark-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental A'a lava. 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. Surrounding lands are zoned A-5a, A-la, RA-2a, and located within the State's Agricultural and Rural Districts. There are agricultural activities (coconut trees, various plants) on an adjacent parcel TMK: 6-2-11: 33 directly west of the subject property. The closest dwelling is situated across the property to the south. Kanehoa Subdivision (SUB 5238), a 26-lot subdivision granted Final Subdivision Approval on April 29, 1985, is located immediately to the east and zoned A-5a. Kamuela Plantations (SUB 4627), a 10-lot subdivision granted Final Subdivision Approval on April 30, 1981, is located further to the east and also zoned A-5a. Waimea Landmark Estates (SUB 4737), a 26-lot subdivision granted Final Subdivision Approval on December 17, 1981, is located across the Kawaihae Road 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 encumbered with Condominium Property Regimes (CPR) within the Anekona Estates 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 Anekona Estates Subdivision, the following State Land Use Boundary Amendments from Agricultural to Rural and Change of Zone from A-5a to RA-2a, each consisting of approximately 5 acres, were approved: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 G. TMK: 6-2-11: 22, Ordinance No. 98 112 (REZ 905) effective 11/19/98 to Henry C. Williams and William R. Sanford (SLU 1017). H. TMK: 6-2-11: 6, Ordinance No. 99 50 (REZ 911) effective 5/4/99 to Michael K. and Thuy Fujimoto (SLU 1024). 1. TMK: 6-2-11: 5, Ordinance No. 99 64 (REZ 915) effective 5/13/99 to Willis C. Morriss (SLU 1027). J. TMK: 6-2-11: 27, Ordinance No. 99 78 (REZ 917) effective 6/24/99 to Robert P. Marx (SLU 1029). K. TMK: 6-2-11: 18, Ordinance No. 99 121 (REZ 925) effective 10/22/99 to Guido Giacometti and Susan Tius (SLU 1038). L. TMK: 6-2-11: 11, Ordinance No. 00 14 (REZ 941) effective 2/8/00 to Michael C. and Betty Jo Williams (SLU 1048). Within the Kanehoa Subdivision, similar applications were approved: G. TMK: 6-2-9: 10, Ordinance No. 99 94 (REZ 921) effective 8/19/99 to Scott T. and Susan Fujie Shimabuku Nakahara (SLU 1032). 1. TMK: 6-2-9: 25, Ordinance No. 98 72 (REZ 891) effective 7/2/98 to Dr. William and Patricia Bergin (SLU 1006). In addition, 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 to a roadway easement with an approximately 20-foot pavement width. The subject property is located on the corner of Kawaihae Road and Anekona Street. Anekona Street has a 20-foot wide pavement within a 50-foot right-of-way. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 12 to ensure that the requested improvements be planned either through the ISTEA program or through the fair share contribution towards roads. A condition will also be included for the applicant to provide a 10-foot wide planting screen easement along Kawaihae Road, and mark the property's frontage on Kawaihae Road as "No Access Permitted. " Water for the proposed subdivision development will be provided by an existing 4-inch line fronting Anekona 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 made available to support the proposed development. 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 are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed request will have any adverse impact on cultural or historical resources. The property is designated Zone X, an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-5a) 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, amendments to the State Land Use Boundaries Map, H-14, for the County of Hawaii, and Section 25-8-7 (North and South Kohala Districts Zone Map) of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 13 We are enclosing copies of the applications and a copy of the staff background for your information. Sincerely, ~j gL4~4) 8 U Richard B. Baker, Jr., Chairman Planning Commission LspencerQPC Enclosures cc: Susan and Sheldon Spencer Department of Public Works Department of Water Supply Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu • • • BSpencerOl.doc- 6/6/00 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SUSAN AND SHELDON SPENCER STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 00 -002) CHANGE OF ZONE APPLICATION (REZ 00 -002) SUSAN AND SHELDON SPENCER 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 -5a) to Residential and Agricultural (RA -2a) for approximately 5.0014 acres of land. The property is located in the Anekona Estates Subdivision at the western comer of Kawaihae Road and Anekona Street intersection, and across of Waimea Landmark Estates, Ouli, South Kohala, Hawaii, TMK: 6- 2- 11:36. GENERAL. INFORMATION 1. Land Ownership: Susan and Sheldon Spencer are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicants are proposing to change the existing Agricultural land use designation to Rural and district classification from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for approximately 5.0014 acres of land. 3. Objectives: The applicants are proposing to create a two lot subdivision consisting of 2.5 acres each. One parcel will be retained by the applicants, and the other parcel will be sold. The applicants intend to subdivide the property as soon as the necessary approvals are secured. 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. GP Consistency: Economic, Housing, Land Use Residential Elements goals, policies -1- L • and courses of action for South Kohala. 7. GP LUPAG Map: Extensive Agricultural. This designation includes pasturage and range lands. 8. County Zoning: Agricultural -5 acres (A -5a). Prior to the adoption of the December 7, 1996 Zoning Code, the subject parcel was zoned Unplanned. 9. Hawaii State Plan Consistency: Economy, Socio - Cultural Advancement (Housing) objectives and policies. 10. SMA: The property is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Property: The subject property is approximately 5 acres in size, vacant, and located at the corner of the Kawaihae Road and the Anekona Street intersection. The property is rectangular shaped, and is located within the 36 -lot Anekona Estates Subdivision (SUB 5967), which received Final Subdivision Approval on 10/29/90. 12. Surrounding Zoning/Land Uses: Surrounding lands are zoned A -5a, A -1 a, RA -2a and located within the State Land Use Agricultural and Rural Districts. There are agricultural activities (coconut trees, various plants) on an adjacent parcel TMK: 6 -2 -11: 33 directly west of the subject property. The closest dwelling is situated across the property to the south. Kanehoa Subdivision (SUB 5238), a 26 -lot subdivision granted Final Subdivision Approval on 4/29/85, is located immediately to the east and zoned A -5a. Kamuela Plantations (SUB 4627), a 10 -lot subdivision granted Final Subdivision Approval on 4/30/81, is located further to the east and also zoned A -5a. Waimea Landmark Estates (SUB 4737), a 26 -lot subdivision granted Final Subdivision Approval on 12/17/81, is located across the Kawaihae Road further to the northeast and zoned A -3a. These subdivisions include single - family residential and agricultural uses and/or vacant lands. There are approximately 25 lots encumbered with Condominium Property Regimes (CPR) within the Anekona Estates 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. -2- • 13. SLU Boundary Amendments and Rezonings in the Vicinity: Within the Anekona Estates Subdivision, the following State Land Use Boundary Amendments from Agricultural to Rural and Change of Zone from A -5a to RA -2a, each consisting of approximately 5 acres, were approved. (See Exhibit B — Location Maps) A. TMK: 6 -2 -11: 22, Ordinance No. 98 112 (REZ 905) effective 11/19/98 to Henry C. Williams and William R. Sanford. (SLU 1017) B. TMK: 6 -2 -11: 6, Ordinance No. 99 50 (REZ 911) effective 5/4/99 to Michael K. and Thuy Fujimoto. (SLU 1024) C. TMK: 6 -2 -11: 5, Ordinance No. 99 64 (REZ 915) effective 5/13/99 to Willis C. Morriss. (SLU 1027) D. TMK: 6 -2 -11: 27, Ordinance No. 99 78 (REZ 917) effective 6/24/99 to Robert P. Marx. (SLU 1029) E. TMK: 6 -2 -11: 18, Ordinance No. 99 121 (REZ 925) effective 10/22/99 to Guido Giacometti and Susan Tius. (SLU 1038) F. TMK: 6 -2 -11: 11, Ordinance No. 00 14 (REZ 941) effective 2/8/00 to Michael C. and Betty Jo Williams. (SLU 1048) Within the Kanehoa Subdivision, similar applications were approved: G. TMK: 6 -2 -9: 10, Ordinance No. 99 94 (REZ 921) effective 8/19/99 to Scott T. and Susan Fujie Shimabuku Nakahara. (SLU 1032) H. TMK: 6 -2 -9: 25, Ordinance No. 98 72 (REZ 891) effective 7/2/98 to Dr. William and Patricia Bergin. (SLU 1006) In addition, State Land Use Boundary Amendments from an Agricultural to Rural District were approved for two 5 -acre parcels within the Kamuela Plantations Subdivision in October 1996. 14. U.S.D.A. Soil Type: The soils are classified as Pu'u Pa extremely stony very fine sandy loam (PVD), 6 to 20 per cent 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 • -3- fragmental A'a lava. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. 15. Land Study Bureau Soil Rating: "E" or Very Poor. 16. ALISH: Unclassified. 17. FIRM: Zone X, an area determined to be outside the 500 -year flood plain. 18. Flora /Fauna Resources: According to the applicants, there are no rare or endangered flora or fauna on the site. The natural vegetation of the property consists of Panini and Ilima. Common animal species in the area include field mice and mongoose. 19. Archaeological Resources: According to the applicants, there are no historical or cultural features on the parcel. Since the site was previously used for cattle grazing, it is expected that no archeological features exist on the property. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the property is from Kawaihae Road to Anekona Street to a roadway easement with an approximately 20 -foot pavement width. Anekona Street has a 20 -foot wide pavement within a 50 -foot right -of -way. Kanehoa Street, located at the eastern portion of the subdivision, is a connector road into the adjacent Kanehoa Subdivision. 21. Water: Water is provided by an existing 4 -inch waterline fronting the subject property. 22. Wastewater: There is no municipal sewer system in the area. According to the Department of Health, the property is located in the Critical Wastewater Disposal Area where cesspools are not allowed because of water pollution concerns. Therefore, any development on these lots would require all wastewater be disposed into a Septic Tank System. 23. Other Essential Utilities and Services: Electrical and telephone services are or will be made available to the site. AGENCIES' COMMENTS 24. Department of Public Works (May 9, 2000 Memo): "1. All development generated runoff should be disposed of on site and should not be directed toward any adjacent properties. -4- • •∎ "2. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code." 25. Police Department (April 4, 2000 Memo): "Staff has reviewed the above - referenced proposal and found no adverse effects to public safety or traffic impact created by the proposed action." 26. Department of Health (April 10, 2000 Memo): "The subject lots are located in the Critical Wastewater Disposal Area where cesspools are not allowed because of water pollution concerns. Any development on these lots would require all wastewater be disposed into a Septic Tank System." 27. State Land Use Commission (April 4, 2000 Letter): "We have reviewed the subject applications forwarded by your memorandum dated March 28, 2000, and confirm that the subject parcel is designated within the State Land Use Agricultural District." 28. Department of Water Supply: (See Exhibit C — May 1, 2000 Memo) 29. Department of Transportation Honolulu: (See Exhibit D — April 12, 2000 Letter) AG N IES — NO RESPONSE 30. Fire Department, Real Property Tax Office, Department of Land and Natural Resources Land Division, Historic Preservation Division, Land Management, Department of Transportation Hilo, Department of Agriculture, Natural Resources Soil and Conservation Services PUBLIC COMMENTS 31. The Department has not received any comments or objections from the public on the request. -5- • , COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: SUSAN AND SHELDON SPENCER APPLICANT'S SIGNATURE: A,,,,, `.4,...1,1 f- rtc,"„ ) ,-' MAILING ADDRESS: 1202 Kihonua Place Hilo, HI 96720' TELEPHONE: (BUS) 969 -1511 (Sheldon) (HOME) LANDOWNER: Susan and Sheldon Spencer LANDOWNER'S SIGNATURE: TAX MAP KEY: 6 -2 -11:36 LAND AREA: 5.0014 acres • CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: ldiral 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. EXHIBIT 0400q A PD 2/26/87 • • • CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: SUSAN AND SHE DON SPENCER APPLICANT'S SIGNATURE: fI/it/h1 .1 4 i - ^ . r,'D 4EsLat / c � i I ADDRESS: 1202 Kihonua Place Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 969 - 1511 (Sheldon) (Res.) (Fax) • LANDOWNER(S): Susan and Sheldon Spencer LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: A - 5a T() RA - 2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 6 - - 11:35 STREET ADDRESS OF PROPERTY: n/a SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5 acres AGENT: ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: (See Instructions on Reverse Side) • • i COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT COUNTY CHANGE OF ZONE APPLICATION SUSAN AND SHELDON SPENCER TAX MAP KEY: (3rd Division) 6 -2 -11:36 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, HAWAII INTRODUCTION Susan and Sheldon Spencer have submitted applications for a State Land Use Boundary Amendment from the Agriculture to the Rural district and a Change of Zone from an Agricultural 5 -acre (A -5a) to a Residential and Agricultural 2 -acre (RA -2a) district for 5.0014 acres of land. The property is located at the western corner of the Kawaihae Road and Anekona Street intersection, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, Tax Map Key: (3rd Division) 6 -2- 11:36. II. PROJECT DESCRIPTION The applicants propose to create a 2 -lot subdivision consisting of 2.5 acres each. (Refer to Exhibit 1) One of the lots will be retained by the applicants. To assist in paying for the balance of the lot, the applicants intend to put the other lot on the market. The property currently has access from a 50 -foot roadway easement off Anekona Street which the applicants intend to utilize for the two lots. The applicants intend to subdivide the property as soon as the necessary State Land Use and County Change of Zone approvals are secured. III. STATE AND COUNTY PLANS A. State Land Use Designation The State Land Use designation for the property is Agriculture. To effectuate this project, the property is being reclassified into the Rural district. Since the property is less than 15 acres in size, approval on the County level only is required. B. County General Plan The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the property as Extensive Agriculture. The Extensive Agriculture designation refers to pasturage and range lands. • • •, C. County Zoning The County zoning designation is Agricultural 5 -acre (A -5a) with a minimum lot size of five acres. Therefore, in order to accommodate the proposed development, rezoning of the property is required. D. Special Management Area The property is not situated within the Special Management Area. IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING A. General Description The property is almost rectangular in shape with frontages along the Kawaihae Road and Anekona Street. The site is vacant of any structures and use. The property was previously used for cattle grazing. This area of the South Kohala District receives approximately 20 to 30 inches annually. B. Soils and Topography The topography of the site slopes slightly in a rnauka to makai direction. The United States Department of Agriculture's Natural Resource Conservation Service (formerly Soil Conservation Service) Soil Survey Jkamt classifies the • soil as Puu Pa (PVD) series. The Puu Pa series consists of well drained stony very fine loams that formed in volcanic ash. The soils are gently sloping to extremely steep, and most areas are extremely stony. 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. In places, the surface layer is silt loam. Permeability is moderately raid, runoff is medium, and the erosion hazard is moderate. This soil is used for pasture. C. Flora and Fauna No rare or endangered flora or fauna were found on the property. The natural vegetation of the property consists of Panini and Ilima. Common animal species such as field mice and mongoose were observed on the property. 2 • • I f D. Historic and Archaeological Resources Since the property was formerly used for cattle grazing, no formal archaeological survey was conducted. A visual observation reveals no known archaeological features on the property. Should any unanticipated archaeological features or sites be discovered during land preparation, work will immediately cease and the applicants will notify the Planning Department and the State Historic Sites Preservation Division. E. Agricultural Resources Since the development of the Anekona Estates Subdivision, the area has not been used for cattle grazing. The Land Study Bureau's overall master productivity rating for agricultural use is Class "E" or "Very Poor." This designation suggests that the property does not have a high potential for agricultural productivity. The property is not classified by the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) system as being either "prime, unique or other" agricultural land. F. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the area as Zone X (Area determined to be outside the 500 -year flood plain) 2. Tsunami Hazard Since the property is located over 6 miles from the ocean, it is located outside of the tsunami inundation area. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 8. The Island of Hawaii is divided into zones according to the degree of hazards from lava flows. Zone 1 is the area with the greatest hazard, while Zone 9 is the least. G. Coastal Resources 3 r • •. Since the property is over 6 miles from the coastline, coastal impacts resulting from discharge of wastewater systems should not be significant. There will be no impact to the water quality. Further, since the property is not situated along the shoreline, no coastal public access will be affected. H. Scenic Resources The property is not listed as a scenic resource in the General Plan's Natural Beauty element. The proposed subdivision development will not have any visual impacts on known scenic resources in the area. Noise /Air Quality Since the property is located along the Kawaihae Road, the current noise level generated by the traffic on Kawaihae Road is fairly high. However, the addition of one lot resulting from the proposed action will not generate an appreciably higher level of noise. There will be short-term noise impacts associated with the improvements to the proposed subdivision and lots. These, however, would be temporary in nature. The proposed development will not generate any direct air quality impacts. The only discernible air quality impact could be associated with vehicle traffic to and from the lots. V. PUBLIC FACILITIES AND SERVICES A. Road Access to the property is via a 50 -foot wide roadway easement off Anekona Street. Anekona Street has a right -of -way width of fifty feet with a 20 -foot wide • pavement. B. Water Water is provided by an existing 6 -inch line that fronts the property. C. Wastewater There is no County wastewater system in this area. Individual wastewater treatment system meeting with the standards of the State of Hawaii Department of Health will be provided. 4 • • D. Electrical and Telephone Services • Underground electrical and telephone lines are provided to the property. E. Police and Fire Services The police and fire protection are provided by stations at Waimea and along the Queen Kaahumanu Highway in the vicinity of the Mauna Lani Resort. F. Schools Public and private schools are provide in Waimea. G. Recreational Facilities The Waimea Park is located approximately five miles from the subject property. Spencer Beach Park and the State Hapuna Beach Park are located between six to eight miles from the property. VI. SURROUNDING LANDS The surrounding lands are basically within the State Land Use Agriculture and County's A -5a district. As of this writing, another lot within the Anekona Estates Subdivision has been similarly reclassified into the State Land Use Rural district and the County's Residential and Agricultural (RA) district. Similar land use changes were also granted recently for lots within the Kanehoa and Kamuela Plantation subdivisions, which are situated adjacent to and east of the property. The Kanehoa Subdivision, consisting of twenty -six lots, is located immediately to the east of the Anekona Estates Subdivision. The 26 -lot Waimea Landmark Estates Subdivision located north of the property and along Kawaihae Road is zoned Agricultural 3 -acres (A -3a). Developed lots within these subdivisions are primarily used for rural residential purposes. The 33 -unit Ouli Ekahi rental project and the Ouli Self -Help Affordable Housing project are located to the west of Anekona Estates Subdivision. The latter housing project developed by the Hawaii Island Community Development Corporation in coordination with the County's Office of Housing and Community Development received a preemption of the General Plan and County zoning by the County Council (Council Resolution 84 93). VII. IMPACT ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity If the requests were denied, the short term use of the property would be an 5 undeveloped lot which probably would not be used for agricultural purposes. The • property could eventually be used as a large estate -type single family lot. Since the Anekona Estates Subdivision and other surrounding subdivisions are in a transitional stage from that of an agricultural to a rural character, the retention of the State Land Use Agriculture and County A -5a district may not result in the best use of the property. Further, because of its soil characteristics, the property may not be capable of supporting intensive or extensive agricultural activities. It probably is more prudent from a land use perspective to more effectively convert these types of land for residential /agricultural type uses. By doing so, the reclassification of this lot and surrounding area could possibly relieve pressures to convert more productive agricultural lands in other areas for smaller scale residential /agricultural purposes. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact The applicants intend to provide all required on -site infrastructure required as part of the subdivision process. Should any unanticipated archaeological sites or features be uncovered during the site preparation, work will stop immediately and the Planning Department and the State Historic Sites Preservation Division will be notified. Work will not resume until clearance is received from both agencies. Since substantial off -site improvements will probably not be required for this proposed 2 -lot subdivision, there will probably be minimal impact to the existing residents within the Anekona Estates Subdivision. C. Alternatives to the proposed development The only alternative to the reclassification action would be retain the property in its current land use designation. Because of its soil characteristics, however, the property would probably not be utilized for agricultural purposes. It will probably serve as a large estate -type residential lot. D. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented Since the property was previously disturbed as it was used for intermittent cattle grazing, the proposed development would not result in any irreversible commitment of natural resources. VIII. CONFORMANCE WITH STATE LAND USE LAW AND REGULATIONS 6 • • A. The approval of the reclassification. from the State Land Use Agriculture to the Rural district will not be violative of Section 205 -2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the State Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, in determining the boundaries for the Rural district, the following standards shall apply: 1. Areas consisting of small farms; 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. It may include parcels of land which are surrounded by, or contiguous to this (Rural) district, and are not suited to low- density residential uses for small farm or agricultural uses. Surrounding lands are located within the State Land Use Agriculture district and in the County's Agricultural 5 -acre, 3 -acre, and 1 -acre zoned districts. Kanehoa Subdivision, a 26 -lot subdivision is located immediately to the east and zoned A -5a. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A -5a to RA -2a for a 5 -acre parcel in the Kanehoa Estates Subdivision. A similar State Land Use boundary amendment and County zone change were approved for another lot within the Anekona Estates Subdivision. Two other similar applications within the Anekona Estates Subdivision are now pending before the County Council. Kamuela Plantations, a 10 -lot subdivision, is located further to the east and also zoned A -5a. Land use changes into the State Land Use Rural district were also approved in October 1996 for two 5 -acre parcels within the Kamuela Plantations Subdivision. The Waimea Landmark Estates, a 26 -lot subdivision, is located across the Kawaihae Road and is zoned A -3a. These subdivisions include single- family residential and agricultural uses and /or vacant lands. The Ouli affordable housing projects are located to the west of Anekona Estates Subdivision. B. According to the LUC Rules, permissible uses within the Rural district include the following activities: 1. All uses permitted under in the LUC rules relating to agricultural uses. 7 • 2. Low - density residential Tots of not more than one dwelling per one -half acre. The proposed boundary amendment is for similar agricultural land uses and uses that are compatible to the Rural designation. The applicants have stated that the 5.0014 -acre parcel will be subdivided into two residential \agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. C. The proposed Rural district would be consistent with the following Land Use Element of the General Plan: 1. Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 2. 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. 3. Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. 4. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. D. The proposed Rural district would also complement the following goals, policies and standards of the Housing Element of the General Plan. I . Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. 2. Attain a diversity of socio- economic housing mix throughout the different parts of the County. 3. Maintain a housing supply which allows a variety of choice. 4. Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. 5. Improve and maintain the quality and affordability of the existing housing stock. 8 • . M 6. 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. 7. Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. 8. The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. 9. To maximize choices of single - family residential lots and /or housing for residents of the County. 10. Rural -style residential- agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. 11. The County shall review and amend if necessary land use ordinances and codes to include considerations for rural -style residential subdivisions in appropriate locations. E. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area Extensive Agriculture. The Extensive Agriculture designation is consistent with the rural, low- density form depicted on the LUPAG Map for this area of South Kohala. This request would allow a rural development for Residential - Agricultural uses. F. All utilities and services are available to the property which are essential to accommodate Rural development. The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. The subject property is located on Anekona Street and a 50 -foot wide roadway easement. Anekona Street has a right -of -way width of 50 feet with a 20 -foot pavement. Water is provided by a 6 -inch County water line which fronts the property. Electrical and telephone services are available to the property. G. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property outside of the 500 -year flood plain (Zone X). 9 • • H. The property is not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. While the surrounding properties are within the State Land Use Agriculture district and in the County's Agricultural -5a, Agricultural -3a, and Agricultural -la districts, a Rural classification would still complement the existing and future residential- agricultural land use patterns of the surrounding properties. 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: 1. Planning for the State's socio - cultural advancement with regard to housing shall be directed towards achievement of the following objectives: a. 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. b. The orderly development of residential areas sensitive to community needs and other land uses. 2. To achieve the housing objectives, it shall be the policy of this state to: a. Effectively accommodate the housing needs of Hawaii's people. b. Stimulate and promote feasible approaches that increase housing choices for low- income, moderate - income and gap -group households. c. Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. d. 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. e. Foster a variety of lifestyles traditional to Hawaii through the 10 • • design and maintenance of neighborhoods that reflect the cultures and values of the community. IX. CONFORMANCE WITH COUNTY LAWS AND REGULATIONS A. The Change of Zone request from an A -5a to a RA -2a district will conform to the following goals, policies and standards of the General Plan: 1. Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. 2. 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. 3. The compatibility of agricultural and non - agricultural uses should be carefully reviewed and where appropriate, buffers required. 4. Rural -style residential - agricultural developments, such as new small -scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. 5. Protect and encourage the intensive utilization of the County's important agricultural lands. 6. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. B. The requested change of zone conforms to the General Plan LUPAG Map. The applicants are proposing to create a 2 -lot subdivision consisting of 2.5 acres each for residential /agricultural 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 Extensive Agriculture. However, the Anekona Estates Subdivision as well as the adjacent subdivisions are a mixture of residential uses and limited agricultural activities. It is therefore determined that the request is consistent with the rural low- density development form depicted on the LUPAG Map for this area of 11 • . • • • South Kohala. C. The requested change of zone will not adversely affect any agricultural activities in the area. • While the potential for intensive and /or extensive agricultural uses may exist, the property is comprised of soils classified by the U.S. Department of Agriculture, Natural Resource Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD). 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 basically 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 not by the ALISH system as being "prime, unique, or other important" agricultural lands. D. The requested change of zone is consistent with recent land use actions for other properties in the area. Surrounding lands are located within the State Land Use Agriculture district and in the County's Agricultural 5 -acre, 3 -acre, and 1 -acre zoned districts. 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 -5a. The Waimea Landmark Estates, a 26 -lot subdivision, is located across the Kawaihae Road and is zoned A -3a. These subdivisions include single - family residential and agricultural uses and /or vacant lands. The Ouli affordable housing project is located to the west of Anekona Estates. The County Council recently approved State Land Use boundary amendments from the Agriculture to Rural district, and Change of Zone requests from A -5a to RA -2a for parcels in the Anekona Estates Subdivision and Kanehoa Subdivision. Similar land use changes were also approved in October 1996 for two 5 -acre parcels within the Kamuela Plantations Subdivision. Therefore, this change of zone request will be consistent with the emerging land use pattern being established for this portion of South Kohala. E. All essential utilities and services are available to support the proposed development. • The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Anekona Street and a 50 -foot wide road 12 b • • • easement Anekona Street has a right -of -way width of 50 feet with a 20 -foot wide pavement. Water for the proposed subdivision development will be provided by the existing ta, =inch line. The property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. All other essential utilities and services are or will be made available to support the proposed development. F. Based on the above findings, approval of the Change of Zone request from an A -5a to a RA -2a district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 13 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 question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.0014 2.5 acres b. Into what lot sizes? 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? '. inenediately d. Do you intend to build houses on the newly created lots? yes, eventually If yes, please answer the following questions: On how many of those lots? one At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. see plan 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 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? 4. Are there any buildings on the subject area? no If so, what kind? What do you intend to do with those buildings if your request is approved? 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, although the lots may still be If so, did your plan include the following considerations? - used for ayt. 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 no improvements? 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 x a. Schools x b. Roads x c. Sewer d. Drainage -3- 4 • • Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes," please elaborate what type or kinds of improvements and /or assistance are needed. i la--. ., u .:;! -� �. F J f ' '`� _.: � s6 _off •. Signature: 4^i _ �'�31�°'e Address: 1202 Kihonua Place, Hilo, HI 96720 Telephone: 969 -1511 Date: -4- ti,4 - fl DWG. nO • 7 I 1 DAIf e'IP. , PPP _ IY. .C° /n i RIDPi 74440 74440 1 Y o ,.'r • a r y IiW p P . Ca 0 d ` CD o II ... .s... ........ n ., un \J r "8 n --'‘<e-.- - N S 7 3 Y t 14 n f _ e E J , - t a 116' \ ‘ v,i �i' � `lO � � /— as o P = D x�i� a V V ^ 0 ° SIN j O • 1 R \\y O IC 1 O ! J. L \\ ° j D • O I N sP o ♦ . # IP . 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O° ' r z a 4a I i r 1 __$ � A • • "'k "'. t om ' � W! °r i o V DEPARTMENT OF WATER SUPPLY a COUNTY OF HAWAII o + 25 AUPUNI STREET • HILO, HAWAII 96720 ry HIMt.A gt.W x 3- `_'�`. ' ;1: TELEPHONE (808) 961 - 8660 • FAX (808) 961 - 8657 : 3+g'-: May l , 2000 J 1tY "f;„ f l GJ,r t QE!q) #;'OFHAWgfl x. FUNNING OEM y TO: Ms. Virginia K. Goldstein, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 00 -002) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 00 -002) APPLICANT — SUSAN AND SHELDON SPENCER REQUEST: A -5a TO RA -2a TAX MAP KEY: 6 -2- 011:036 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 a roadway and utility easement fronting the property. The parcel currently has one service lateral but the applicants have not applied for 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 $150.00. Remittance of $ I50.00 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 be 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. EXHIBIT no. Vallee t rraeagi progrrei3 e o. • • • • , Planning Department Page 2 May 1, 2000 For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary improvements, which shall include, but not be limited to a service lateral that will accommodate a 5/8 -inch meter to the proposed lot. Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii. 2. Remit the prevailing facilities charge, which is subject to change, of $3,375.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. Should there be any questions, please call our Water Resources and Planning Branch at 961 -8665. Sincerely yours, f 1_- Milton D. Pavao, P.E. Manager BCM:gms copy - (w /att.) Ms. Susan Spencer and Mr. Sheldon Spencer �J. • 40 INro T 4 SENJAF.CIfJ. GA YETANO GOVERNOR 1 s v - ' 1 5 11 cP ys 14tAa2 ; ;;Ce 1959 '" _» P 2000+ STATE OF HAWAII DEPARTMENT OF TRANSPORTATION KAZU HAYASHIDA DIRECTOR 869 PUNGHBOINL STREET HONOLULU, HAWAII 96813 -5097 DEPUTY DIRECTORS BRIAN K. MINAAI GLENN M. OKIMOTO APR 2[Ifie IN RE_PL' REFER TO: HWY -PS 2.8029 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 -4252 Dear Ms. Goldstein: Subject: Land Use Boundary Amendment Application (SLU 00 -002), Agricultural to Urban Change of Zone (REZ 00 -002), A -5a to RA -2a, Susan and Sheldon Spencer, TMK: 6 -2 -001: 036, South Kohala, Hawaii 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 vehicular 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 Street. 2. We understand that you are aware 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. EXHIBIT —cc • Ms. Virginia Goldstein HWY -PS 2.8029 Page 2 APR 12 ZOOB • 3. For further information in determining the needed roadway improvements, please contact and coordinate with our District Office in Hilo. 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 truly yours, KAZU HAYASHIDA Director of Transportation