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
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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.
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• •∎
"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.
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• ,
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
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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
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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
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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