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HomeMy WebLinkAboutCOM 0279.000 2000-2002 M~ os y4ja, Harry Kim ~'';~w ~ Dizie Kaetsu Mn or Y Managing Director 6• ~ Peter T. Young A~P~a o~ ~ Deputy Managing Director P ~ ~ ~ C®u~~ ~f I3a~ai~ 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 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 30, 2001 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 Hse Boundary Amendment Application (SLU 01-004) Request:. ~.grieultiaral to Rural Change of done ~.pplication (REZ 01-007) Request:.~1.-Sato RA-2a Applicant: Thomas and Mindy Mignanelli Family Trust fax 1V1ap Key: 6-2-1.1:23 Proposed Street Name - Konawaena Elementary School Subdivision Onouli Road TMK: 8-1-4:55, 36 & 4~SUB 99-009 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, Harry Kim Mayor L07060 ]MAY Enclosures cc: Planning Department Comrx~. No, _ _ ~1 ~ T ~ Q ® ~'ll~ ~TO. Ref. '1'0: Ref. Date t1UL 3 1 2001 Harry Knn ~ Mayor ~J~~ • Y4 ? ~ a r • ?at os •ww.fti ~®Li~l~~ ~lW~ll PLANNING COIVIlVIISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 • Fax (808)961-8742 Jui ~ ~ 200 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 01-004) Request: Agricultural to Rural Change of Zone Application (REZ O 1-007) Request: A-Sato RA-2a Applicant: Thomas and Mindy Mignanelli Family Trust Tax Map Kev: 6-2-11.23 The Planning Commission, after a duly held public hearing on July 6, 2001, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to Rural District and to change the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.204 acres of land. The property is located in Anekona Estates Subdivision bordered by Kanehoa Street and Keanuiomano Stream, approximately 350 feet east of the Anekona Street/Kanehoa Street intersection, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: S~~~e Land Use oundary Amendment The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district for approximately 5.204 acres of land in order to subdivide the property into two lots, each with minimum two acres in size, and to Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 construct their home on one of the lots. There is also a request for a Change of Zone from anAgricultural-5 acres (A-Sa) to a Residential and Agricultural-2 acres (RA-2a) zoned district that is concurrently being processed for the property. 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, Chapter 28 of the Hawaii County Code, Rule 13 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) It may also include 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. The property was previously utilized for cattle grazing and is currently not used for any agricultural activities and vacant of any structures. Immediately adjacent to the east and northeast of the property are 0.5-acre parcels that received County Council approval in 1998 and 1999, respectively, for similar State Land Use Rural District and County RA-2a zoning classification. Lands immediately to the north and west of the property include other 5-acre parcels within the State Agricultural District and zoned A-Sa by the County. These lands include a mix of residential uses and vacant lands. Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural-5 acres and 1-acre (A-Sa and A-la), and Residential and Agricultural-2 acres (RA-2a) zoned districts. The Kanehoa Subdivision, consisting of 26 lots, is located immediately to the east of Anekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of l O lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 261ots, is located across the Kawaihae Road and further to the northeast. These subdivisions include a mixed Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 residential uses, vacant lands, and very few residentiaUagricultural uses. There are approximately 28 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and the Ouli Mutual Self Help Housing 40-lot Subdivision project, consisting of minimum 10,000 square foot lots, are located to the west (makai) of Anekona Estates and are designated State Land Use Urban District. The Hale Wailani property is also situated adjacent to and west of Anekona Estates Subdivision and the housing projects. It is currently zoned A-1 a and the developer proposes a 49-lot subdivision, with lots minimum two acres in size. From 1998 to present, the County Council approved similar requests for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sato RA-2a for eight parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5±-acre parcels, six parcels have secured Final Subdivision Approval, and four parcels have been granted Tentative Subdivision Approval. In October 1996, the County Council also approved the reclassification of two 5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural District. 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 agricultural related uses permitted under section 15-15-25 relating to agricultural uses; (2) Low-density residential lots of not more than one dwelling house per one-half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS. 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 residential-agricultural uses that are compatible to the Rural designation. The applicant has stated that the 5.204 acres will be subdivided into two residentiaUagricultural lots, each with minimum two acres in size. 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 and Agriculture 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: ,AND ~,JSE and AGRICULTURE • 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. • 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. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 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: ~Q1.7~ING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity 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. Il~~-FAMILy RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve adiversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. Further, it should be noted that the County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for certain areas, including the Anekona Estates Subdivision, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently residentiaUagricultural in character. Further, the County Council has approved land use reclassifications in the Anekona and Kanehoa Subdivisions to State Land Use Rural district and Residential-Agricultural zoning. This boundary request would allow a rural development for Residential-Agricultural uses. 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. The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. The property is located along Kanehoa Street. Both roadways have aright-of--way width of 50 feet with a 20-foot agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Water is provided by a 6-inch County water line which fronts the property. The Department of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 Water Supply states that there are presently two 5/8-inch meters on the property. According to the Department of Health, 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. Underground electrical and telephone services are available to the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. Although a 21.96-foot wide drainage easement runs along the rear boundary, within Keanuiomano Stream, the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates a major portion of the property as Zone X, areas determined to be outside of the 500-year flood plain. While the property is within the State Land Use Agricultural and County's Agricultural - Sa zoned districts, it is not currently being used for active agricultural purposes. The property was created on October 23, 1990 as one of the original 361ots of the Anekona Estates Subdivision. The property was previously utilized for cattle grazing and is currently not used for any agricultural activities and vacant of any structures. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area is classified as "E" or Very Poor for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such intensive agricultural activities from being conducted without a significant amount of effort. A smaller parcel size may provide for increased opportunities for some agricultural activities to be conducted upon these types of soils. Because the property and surrounding area have been previously grazed by cattle and extensively altered with agriculturaUurban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the area been identified as a significant botanical or biological habitat. Further, as no valued cultural, historical or native resources nor any traditional and customary native Hawaiian rights were practiced in the area, it is also not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 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. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (5) 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. (6) 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 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 Change of Zone The applicant is requesting a Change of Zone from anAgricultural-5 acres (A-Sa) to a Residential and Agricultural-2 acres (RA-2a) zoned district for approximately 5.204 acres of land in order to subdivide the property into two lots, each with minimum two acres in size, and to construct their home on one of the lots. There is also a request for a State Land Use District Boundary Amendment from an Agricultural to a Rural district that is concurrently being processed for the property. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use 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 Agriculture 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: ,AND USE ~nc~ ~~tICULTURE • 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 • 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. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. The proposed change of zone 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 • 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-FAMIL. y ~E~IDEI, yTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio-economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. 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 area is designated Extensive Agricultural. The Anekona Estates Subdivision as well as the adjacent subdivisions is a mixture of residences and limited agricultural activities. With a minimum lot size of two acres, the requested change of zone will still provide for an adequate parcel size that could support some agricultural activities at a smaller scale. It should be noted that the County is currently conducting a comprehensive review update Honorable James Y. Arakaki, Chairman and Members of the County Council Page 12 to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for certain areas, including the Anekona Estates Subdivision, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently residentiaUagricultural in character. Further, the County Council has approved land use reclassifications in the Anekona and Kanehoa Subdivisions to State Land Use Rural district and Residential-Agricultural zoning. Therefore, it is determined that the request is consistent with the rural low-density development land use depicted on the LUPAG Map for this area of South Kohala. The property and surrounding areas were previously zoned Unplanned from the date of adoption of the Zoning Code in 1967. The Unplanned district applied to areas where no sufficient studies were conducted to adopt specific district classification. The Unplanned district permitted uses relating to agriculture. With the adoption of the revised Zoning Code on December 7, 1996, all Unplanned zoned districts were reclassified to Agricultural-5 acre (A-Sa). Therefore, the property is presently zoned A-5 a. The property was previously utilized for cattle grazing and is currently not used for any agricultural activities and vacant of any structures. Immediately adjacent to the east and northeast of the property are 0.5-acre parcels that received County Council approval in 1998 and 1999, respectively, for similar State Land Use Rural District and County RA-2a zoning classification. Lands immediately to the north and west of the property include other 5-acre parcels within the State Agricultural District and zoned A-Sa by the County. These lands include residential uses and vacant lands. Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural-5 acres and 1-acre (A-Sa and A-la), and Residential and Agricultural-2 acres (RA-2a) zoned districts. The Kanehoa Subdivision, consisting of 261ots, is located immediately to the east of Anekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of l O lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 261ots, is located across the Kawaihae Road and further to the northeast. These subdivisions include a mixed residential uses, vacant lands, and very few residentiall agricultural uses. There are approximately 28 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and the Ouli Mutual Self Help Housing 40-lot Subdivision project, consisting of minimum 10,000 square foot lots, are located to the west (makai) of Anekona Estates and are designated State Land Use Urban District. The Hale Wailani property is also situated Honorable James Y. Arakaki, Chairman and Members of the County Council Page 13 adjacent to and west of Anekona Estates Subdivision and the housing projects. It is currently zoned A-la and the developer proposes a 49-lot subdivision, with lots minimum two acres in size. From 1998 to present, the County Council approved similar requests for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sato RA-2a for eight parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5±-acre parcels, six parcels have secured Final Subdivision Approval, and four parcels have been granted Tentative Subdivision Approval. In October 1996, the County Council also approved the reclassification of two 5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural District. 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 property was created on October 23, 1990 as one of the origina1361ots of the Anekona Estates Subdivision. The property was previously utilized for cattle grazing and is currently not used for any agricultural activities and vacant of any structures. Although a 21.96-foot wide drainage easement runs along the rear boundary, within Keanuiomano Stream, the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates a major portion of the property as Zone X, an area determined to be outside of the 500-year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area is classified as "E" or Very Poor for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such intensive agricultural activities from being conducted without a significant amount of effort. A smaller parcel size may provide for increased opportunities for some agricultural activities to be conducted upon these types of soils. All utilities and services are available to the site. The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. The property is located along Kanehoa Street. Both roadways have aright-of--way width of 50 feet with a 20-foot and 8-inches agricultural standard pavement, asphalt paving with grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either Honorable James Y. Arakaki, Chairman and Members of the County Council Page 14 through a Federal transportation program or through the fair share contribution towards roads. Water is provided by a 6-inch County water line which fronts the property. The Department of Water Supply states that there are presently two 5/8-inch meters on the property. According to the Department of Health, 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. Underground electrical and telephone services are available to the property. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the property and surrounding areas have been previously grazed by cattle and extensively altered with agriculturaUurban 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. Further, as no valued cultural, historical or native resources nor any traditional and customary native Hawaiian rights were practiced in the area, it is also not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to State Land Use Boundaries Map H-14 and Section 25-8-7, the North and South Kohala Districts Zone Map, of the County Zoning Code are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 15 We are enclosing copies of the applications and a copy of the staff background for your information. Sincerely, Geraldine M. Giffin, Chairman Planning Commission Lmignane11i02PC Enclosures cc: Mr. Gregory R. Mooers Thomas ~i Mindy Mignanelli Family Trust Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BMignane11i01 agk-06/ 10/01 COUNTY OF ~IAV6'AII PLANNING DEPARTMENT BACKGROUND REPORT THOMAS & MILADY MIGNANELLI FAMILY TRUST STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 01-004) CHANGE OF ZONE APPL ICATION (REZ 01-007) THOMAS & MILADY MIGNANELLI FAMILY TRUST has submitted applications for a State Land Use Boundary Amendment (SLU 01-004) from Agricultural to Rural District and a Change of Zone (REZ 01-007) by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.204 acres of land. The property is located in Anekona Estates Subdivision bordered by Kanehoa Street and Keanuiomano Stream, approximately 350 feet east of the Anekona Street/Kanehoa Street intersection, Ouli, South Kohala, Hawaii, TMK: 6-2-11:23. GENERAL INFORMATION 1. Land Ownership: Thomas & Mindy Mignanelli Family Trust is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district and a Change of Zone from anAgricultural-5 acres (A-Sa) to a Residential and Agricultural-2 acres (RA-2a) zoned district for approximately 5.204 acres of land. The applicant proposes to subdivide the property into two lots, each with minimum two acres in size. The applicant wishes to construct their home on one of the lots but does not intend to immediately improve the second lot at this time. 3. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications and June 6, 2001 Letter) STATE AND COUNTY PLANS 4. State Land Use District: Agricultural. 5. Hawaii State Plan Consistency: Socio-Cultural Advancement (Housing) objectives and policies. 6. General Plan Consistency: Goals, policies and courses of action of the Land Use, Agriculture, Residential and Housing Elements for South Kohala. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural, which allows uses for pasturage and range lands. It should be noted that the County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for certain areas, including the Anekona Estates Subdivision, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently residential/agricultural in character. Further, the County Council has approved land use reclassifications in the Anekona and Kanehoa Subdivisions to State Land Use Rural district and Residential- Agricultural zoning. 8. County Zoning: The property and surrounding areas were previously zoned Unplanned from the date of adoption of the Zoning Code in 1967. The Unplanned district applied to areas where no sufficient studies were conducted to adopt specific district classification. The Unplanned district permitted uses relating to agriculture. With the adoption of the revised Zoning Code on December 7, 1996, all Unplanned zoned districts were reclassified to Agricultural-5 acre (A-Sa). Therefore, the property is presently zoned A-Sa. 9. SMA: The property is not situated within the Special Management Area. It is located approximately six miles east from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Property: The property was created on October 23, 1990 as one of the original 36 lots of the Anekona Estates Subdivision. It is rectangular in shape and has a total area of 5.204 acres. A 21.96-foot wide drainage easement runs along the rear boundary, within Keanuiomano Stream. The property was previously utilized for cattle grazing and is currently not used for any agricultural activities and vacant of any structures. -2- 1 1. Adjacent Land Uses: Immediately adjacent to the east and northeast of the property are 0.5-acre parcels that received County Council approval in 1998 and 1999, respectively, for similar State Land Use Rural District and County RA-2a zoning classification. Lands immediately to the north and west of the property include other 5-acre parcels within the State Agricultural District and zoned A-Sa by the County. These lands include residential uses and vacant lands. 12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural-5 acres and 1-acre (A-Sa and A-1 a), and Residential and Agricultural-2 acres (RA-2a) zoned districts. The Kanehoa Subdivision, consisting of 261ots, is located immediately to the east of Anekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of l O lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 26 lots, is located across the Kawaihae Road and further to the northeast. These subdivisions include a mixed residential uses, vacant lands, and very few residential/agricultural uses. There are approximately 28 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and the Ouli Mutual Self Help Housing 40-lot Subdivision project, minimum 10,000 square foot lots, are located to the west (makai) of Anekona Estates and are designated State Land Use Urban District. The Hale Wailani property is also situated adjacent to and west of Anekona Estates Subdivision and the housing projects. It is currently zoned A-la and the developer proposes a 49-lot subdivision, with lots minimum two acres in size. 13. Previous Approvals: From 1998 to present, the County Council approved similar requests for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-5a to RA-2a for eight parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5±-acre parcels, six parcels have secured Final Subdivision Approval, and four parcels have been granted Tentative Subdivision Approval. In October 1996, the County Council also approved the reclassification of two -3- 5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural District. (See Exhibit B -Tax Ivey Maps) 14. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property and surrounding area is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 15. Land Study Bureau's Detailed Land Classification System: Soils within the property and surrounding area is classified as "E" or Very Poor. 16. U.S. Soil Survey: The soils are classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. 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 fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. 17. FIRM: A portion of the property is located within Zone X, area determined to be outside the 500-year flood plain. As previously stated, a 21.96-foot wide drainage easement runs along the rear boundary, within Keanuiomano Stream. 18. Flora/Fauna Resources: According to the applicant's environmental report, the property is undeveloped and barren except for a few grasses and weeds. The natural vegetation occurring on the property consists of cactus, buffle grass, fountain grass, Spanish clover, indigo plant, partridge pea, prickly poppy, and yellow guava. No native fauna was observed on the site. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 19. Archaeological Resources: According to the applicant's environmental report, the property was previously grazed by cattle and extensively graded for development. No archaeological, cultural or historic sites are known to be located on the property. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any archaeological sites be encountered during the course of development. -4- 20. Cultural or Native Gathering Rights: According to the applicant, there are no valued cultural, historical or native resources nor has any traditional and customary native Hawaiian rights been practiced in the area. PUBLIC UTILITI SAND SERVICES 21. Roadway: The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. The property is located along Kanehoa Street. Both roadways have aright-of- way width of 50 feet with a 20-foot and 8-inches wide agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 22. Water: Water is provided by an existing 6-inch water line that fronts the property. The Department of Water Supply states that there are presently two 5/8-inch meters on the property. 23. Wastewater: There is no municipal sewer system in the area. The Department of Health states that the property is situated within a Critical Wastewater Disposal Area. Therefore, the applicant would be required to dispose wastewater into a septic tank system. 24. Utilities: Underground electrical and telephone services are available to the property. 25. Police/Fire Services: The nearest Police and Fire facilities are located in Waimea, approximately 7 miles east of the property. Waimea is also the primary employment and commercial center for this portion of South Kohala. 26. Recreational Facilities: The Waimea Park and Anuenue Playground are located approximately 6 miles east of the property. Spencer Beach Park is located approximately 6 miles to the west. AGENCIES' COMMENTS 27. Departrraent of Public Works (June 12, 2001 Merno): "We have reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. -5- 3. The access road fronting the subject property is private. 4. Portions of the project area are within the Keanuiomanu Stream drainage easement; identify the easement boundaries on the plans." 28. Department of Water Supply (May 21, 2001 Memo): "We have reviewed the proposed State Land Use Boundary Amendment and Change of Zone applications and have the following comment. "The subject parcel has two S/8-inch meters for each lot; therefore, we have no requirements." 29. Police Department (Apri126, 2001 Memo): "Staff has reviewed the above-referenced proposal and found that there are no concerns regarding the proposed use of this property." 30. Department of Land and Natural Resources -Land Division (June 6, 2001 Letter): "Thank you for the opportunity to review and comment on the subject application. "The Department of Land and Natural Resources has no comment to offer on the subject matter." 31. Department of Health (May 2, 2001 Memo): "The subject lots are located in the Critical Wastewater Disposal Area where cesspool are not allowed. Any development on these lots would require all wastewater be disposed into a Septic Tank System." Applicant's Response to Department of Health (May 30, 2001 Letter): "We received your fax dated May 29, 2001 transmitting the comments of the Department of Health dated May 2, 2001, related to the applications identified above. "The applicants understand that this is a Critical Wastewater Disposal Area and that Septic Tank Systems are required for wastewater disposal." 32. Department of Transportation: (See Exhibit C -May 10, 2001 Letter) 33. Land Use Commission: (See Exhibit D -May 15, 2001 Letter) 34. Waimea Community Association: (See Exhibit E -May 14, 2001 Letter) -6- 35. Applicant's Response to Land Use Commission and Department of Transportation: (See Exhibit F -June 18, 2001 Letter) AGENCIES - NO RESPONSE 36. Fire Department, Department ofFinance -Real Property Tax, Department of Land and Natural Resources -Historic Preservation Division, and Land Management, Department of Agriculture, and Natural Resource Soil Conservation District PUBLIC COll~I1VIENTS 37. The Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -7- . ~ ~®x t i o ~ . . ST.~4TL LAl®TD US]E IBOUNDAl~Y AMENDMENT Agricultural to Rural CII.ANGE OE ZONE APPLICATION Agricultural ~-acre, Previously Unplanned to Residential Agricultural 2-acre Thomas and Mindy Mignanelli Family Trust TMI~: (3) 6-2-11:23 Lot 23 Anekona Estates subdivision Ouli, South I~ohala, Island of I~[avvaii, I~[a~vaii Submitted by: Mooers Enterprises, LLC Apri12001 PHONE: (808) 885-6839 FAx: (808) 885-1574 ~.:~-T EMAIL: GMOOERS@iBM.NET COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS} APPLICANT: Thomas and Mindy Mignanelli Family Trust APPLICANT'S SIGNATURE: ` ~ ~ ~ ~ ~ Trustees MAILING ADDRESS: 754 14th Street Manhattan Beach. California 902 TELEPHONE: (BUS) 562 753-0701 (HOME) ggg 255-6622 LANDOWNER : /L~r~;~_ /~~/1j2 ~'Q~ LANDOWNER' S S I GNATURE : - ~'--~~L~r~ ~ ~L ~-r.~~.~%~-< L TAX MAP KEY: 6-2-11:23 LAND AREA: 5.2Q/~„Qa~~-~s CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: 'aural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q PD 2/26/87 '1 CI~ANG~ O~ ~O1V~ ~PPLICAT'IOl®1 COUNTY OF I~WAII P'L.ANNING DEPART'MEN'T (Type or legibly print the requested information) APPLICANT: APPLICANT'S SIGNATURE: ~ c~-~--~~ DATE:~~~~ ADDRESS: 754 14th Street Manhattan Beach, California 90266 LIST APPLICANT'S INTEREST IF NOT OWNER: Thomas and Mindy Mi~nanelli Family Tru LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Thomas M i g n a n e 11 i -T r u s t e e - Mindy Mignanelli-Trustee PI-IONE:(Bus.) (562) 753-0701 (Res.) (888, 255-6622 (Fax)_ (310) 546-7051 LANDOWNER(S): Thomas and Mind Mi~nanell' anvil ru t . + c-~- ~ _ LANDOWNER SIGNATURE(S): ~ X-~ DATE: 4,~,/ o i (May be by letter) LANDOWNER(S) ADDRESS: 266 REQUEST: A- S a TO R A 2 a (Existing zoning) (Proposed Zoning) T'AX MAP KEY: ~ - i i • ~ ~ STREET ADDRESS OF PROPERTY: T n r A n a k n n a h rl ; v i c; n n SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED : 5. 2 0 4 acre s AGENT: Gre ory R. Mooers, Mooers Enteryrises ADDRESS: P . 0 . Box 1101 Kamuela Hawaii 96743 TELEPI-IONE:(Bus.) 885-6839 (Res.) 885-7126 (Fax) 885°1.74 Please indicate to whom original correspondence and copies should be sent. ORIGINAL:. sa~.~ s COPIES: M; Q n an Q 1 1 (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If ~~ss, 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? 5.2 0 4 a c r b . Into what lot sizes? 2+ acre s c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 m o nt h s d. Do you intend to build houses on the newly created lots? Yes If des, please answer the following questions: On how many of those lots? 1 immediat 1 in futur At what approximate price range? House X300.000 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 yea r If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application enclose d form. 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) -~.D. 2 S/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? y~_ How? The proposed action will provide two residential-agricultural house-lot units in this highly desirable South Kohala district. 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?~ N o 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? If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? ~ N o If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will ~ be needed in the subject area when developed? Yes No a. Schools X . b. Roads X c. Sewer X d. Drainage X -3- Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other For those chec?:ed "yes," please elaborate what type or. kinds o{ improvements and/or assistance are needed. Signature: /~~~.~/~t ~.~-c'.~i c~u ~ Address: 754 14th StrePY,,,_Manhattan Raarhr~A ,90266 Telephone: {ggg) 255-6622 Date: April 6. 2001 -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: THOMAS D. AND MINDY MIGNANELLI TAX MAP I~EY (3) 6-2-11:23 Lot 23 Anekona Estates Being a Portion of R.P. 223`x, L.C. Aw. 8518-8, Ap. 1 to James Young I~anehoa at Ouli, South I~ohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five-acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.204 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:23 GENERAL INFORMATION 1. Thomas D. Mignanelli and wife Mindy are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision creating two 2+ acre parcels between Kanehoa Drive and the Keanuiomano Stream. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. The lot is presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the ' underground utility system of the Anekona Estates subdivision. 6. The applicants intend to construct their home on one of the lots but does not intend to immediately improve the second lot at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Extensive Agriculture. This is described as land appropriate for pasturage and range. The proposed new General Plan Land Use Pattern Allocation Guide map for this area shows the property as Rural, recognizing the present uses and the many boundary amendments previously processed in this subdivision. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTII)N OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.204 acre parcel located on the south side of Kanehoa Drive approximately 3/8th of a mile south of Kawaihae Road. 13. The site presently is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. See site photographs in the Exhibits. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 15. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 7l degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, ]antana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, 2 and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. 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 silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. Adjacent and nearby parcels (6-2-11:22, O5, 06, 11, 18, 27, 28) are in the State's Rural District and is zoned RA-2a by the County. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, (A-Sa), is north of the Anekona subdivision and Kanehoa subdivision, (A-Sa), is immediately east. The Ouli subdivision, (A-la), located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below the site that supports a 30-unit affordable housing project, Ouli Ekahi. There is also a 20-unit self-help project being developed at Ouli. 24. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 25. Thirty of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. Ten parcels have Re- districted and re-zoned in the manner the applicants are proposing. PUBLIC FACILITIES AND UTILI'T'IES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water and the applicants have two water meters at the present time. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 3 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. 4 APPLICANTS' STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: THOMAS D. AND MILADY MIGNANELLI TAX MAP I~EY (3) 6-2-11:23 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three - standards shall apply when determining an area for the Rural district boundaries: - - (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (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 s variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conforgn to the following goals, objectives and/or policies articulated in the Hava~aif State Plan relating to Socio-cultural advanceanent -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. 6 (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. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. 7 • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily acconunodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. s • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defDned in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality 9 conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to hvo acres is consistent evith the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 2-acre and 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Thirty of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Ten parcels have been rezoned and subdivided by the process the applicants' are proposing for this parcel. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accoYnynodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The applicants have two water meters for this parcel already. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. io 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Aanendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre coanplements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that this request for a State Land Use Boundary AYnendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given favorable consideration. ll ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CIIANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: TIIOMAS D. AND MINDY MIGNANELLI TAB MAP I~EY (3) 6-2-11:23 A. SUBJECT REQUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants' property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.204 acres and will be subdivided to create two lots, each 2+ acres in size. The parcel is presently vacant but is proposed to be developed at some time in the future for use as residential agricultural lots. The present lot has access points on Kanehoa Drive that will provide access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply with two meters. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. C®NFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Extensive Agriculture. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of I-Iawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (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 1 dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Comynission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following _ activities: (1)All uses permitted under section 15-15-25 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." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a ` permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205- 4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 2 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of qualfty, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendYnent and change of zone would conforYn to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 3 HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in 4 appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is gnat by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural 5 purposes. There is an absence of any major and/or con~unercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 2-acre and 5-acre zoned parcels as it is part of the Anelcnoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Thirty of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Ten parcels have been rezoned and subdivided by the process the applicants' are proposing for this parcel. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. The applicants have two meters for this parcel already. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 6 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of I-Iawaii Plan and the County of I€awaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.204 acre parcel located on the south side of Kanehoa Drive approximately three-eighths of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. The site is undeveloped and barren except for a few grasses and weeds, see the attached plant list in the exhbits. 4. Since the site has been previously grazed by cattle and graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists of well-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. 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 silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map {FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The adjacent property is located in the State's Rural District and is zoned RA-2a by the County. Parcels 6-2-11:22, O5, 06, 11, 18, 27 & 28 are in the rural district and zoned RA-2a. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where a 30-unit affordable rental housing project, Ouli Ekahi, is sited. There is also a 20-unit self-help project at Ouli. 16. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 17. Thirty of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots 8 have added residential units through the ohana process. There are ten parcels that have re-districted and re-zoned in the same manner the applicant is proposing. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply, the applicants have two meters. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. b. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 9 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 30 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. 10 EXHIBIT "A" PLANTS LIST FOIE TAX NIAP KEY (3) 6-2-11:23 LOT 23 ANEKONA ESTATES SUDDIVISION OULI, SOUTH KOIIALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Buffle grass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava ~-:-..--.,az-,:.,, - .t.. .}i.:n}:: ~$r i till. Y......:{: •.5~.; { y'•t :.ii:a ii:tii. : y:..y. xC: $j:C,,~i~~:~; t p:~•i~n:.: yy:. t::::Cyx.}y::y:.:i•%: ~ .itix''3~:.•oyyyY~yi;~Y a.:.::•r:::.:..::: 4 . i , i 6 ~ ~ 'Jk Yt~'~(¢x Y :.:?c '~~5 ¢ dc,> y.a{ ra • y3/k o`~ 5:-.3,y~q : K .v y6f s y.. T` fi~~~ ~ ~ t :,3 ~ ~ X23. : f : y yr. f :a,.. 4•% > # . ~ {k. k ? L(~(,, ~5 - Y 4f S: ~ ~ yA ~l~?S ~ ~ ~ i i { .t View fr®~ Subject pr®perty to®kin~ west toward ®uli. 3..r : .y iiy~:i { n:. f3~ ilk , ,x~t t ~ ; -fir ~ . { ' ~ F M i - Y~ } ;1~' ~ryNi ~ti' { { f 4 ~ { SS£ r <i..4~/{~.~~ t~» <~'rl~: ` :ik}y y ~ f'r~~i '.2£. t 9,5~ I . .y }-fivzi ,e ~ sg ~t%/,' ~ ~3 ~ is ~•v 4 .Y { ' ; f ;7/sue .rr. ~ ~ ~ i~ .d ."^,n. i'4 X; . ~Iiew ~ufl?ject ~r®~e~°~ fl®®fld~n~ ~®~ntfl~we~t t®~vard I#~aa~.flaflai. i I Y,.Y,YI_Y,Y,~. tl ,a° S ~ ll1 r_ _ ~e y~ ~ ~ Al ' J e + ~•.$~~3 ~ n a.~~.w mL°l 11IfLJY 4 F ~ ~ e C - 1+ _ _ 3 .O 3 ~~fi ~ a o bs ~ Qo ' ~ ~ ! m W wmy oo . ` d11 ~~C 2 W o~~ Y o _ 'li~ W o3N ow ~ o Z ~O~ ~Q>° hw ' s ~ ~~Y ~ v _ c' Z Q W o)V h o In = p 2 v i ~ ~ N y ~ ~ I O JN 2 ~ ^ ~ O c 2 E ~ f1 H ~ C < v 0 Q §~r 'f : e o :.I \~°3 E ~ i~ AY3 tl1S NY3,v j t ~ 3 Z ) ~ ~ / W d ~ d ~ { ;e 9 EXIIIBI`I' 6L/'~99 3 IIEZONING EXHIBI'T' 4 ~ SITE PLAN ~ € - 1'.O. SoX 1 1 O 1 K.~IVIUEI~, @-~AWAII 96743 June 6, 2001 ~ . . ` i Mr. Christopher Yuen Director, Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: RECLASSIFICATION FROM AGRICULTURAL TO RURAL GRANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES ,PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: THOMAS AND MILADY MIGNANELLI FAMILY TRUST TAX MAP KEY (3) 6-2-11:23 Dear Mr. Yuen: I have been asked by your staff to address two additional issues related to the applications identified above. IIa®vaii Revised Statutes, Chapter 205A -Coastal Zone Management Act: The subject property is located six miles from the shoreline. The proposed use of the subject property will not negatively impact recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. Customary Native 1-Iawaiian Rights: No valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. If you or your staff require additional information or have any questions, please contact me directly. Sinc rely, Greg . Mooers President GRM:JY PHONE: (808) 885-6839 FAX: (808) 885-1 574 EMAIL: GMOOERS@ATTGLOBAL.NET I s ~ + ~ 0. 1 sae ~ ~ZRp i to 1. d ~ , Q i 1 np' 1'w i ®1 • ~ t! g ~ i : i ~ ~tj a F ~ •'•i Np • w Cpl' ~ I •'Mi O ~ o ~ ~ 4 / S ~ ~ °J O • i• S y. ~ ~ ~ ~t ~6 = YH s Q W III) . ~ a ~ ~ Y ~ J • , OC ll®,_ O t ° J~ Y ~ ~ • i~ ` a mevawr ~ ~ ~ ~i w e ~ ~ ° ~ •y t ~a°y 8 ' ~ Ott d Y ~ ~ ~ yj ~ w1 ~ • O 0 : \ / Wo t F° v ; w a ~ c ~ e J ~ ~ ~ l u p, t • Z ~ Z i ~ t ~ Q ~ ' ~ ` cn . ^y.I i f y : ~ y 4 ~t Y t ~ Sti ® \~«D t , W j ~ O i ~ ~ , ~ ; ',t • of ~ oar ~ i 3 'C ~ , r+ ~ ~ = ~ a .Ca a ~ - c:. t Q ~ o a, e ' ° a o~ ~ J '1 a PL At .,a. 1 1' 1ti ,may • ~ ~ ~ ~ n.,r-z_-~-~ 6Z ~ i=l~ =~i ~7 a.' 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CAYETANO GOVERNOR .v E._° Fti q BRIAN K. MINAAI .cG•'; vesy~ y DIRECTOR DEPUTY DIRECTORS 3~ ! GLENN M. OKIMOTO ~ JADINE Y. UAASAKI a~ e7 1 /'i 1 ~ ~P9~9,8'~ ~ ~ i ~1.1 ~ `1~ _ 1• ~ ~ 1 ~ ~i IN REPLY REFER TO: ®EP~eRT1UfENT OF TRANSPORTATION ,1 869 PUNCHBOWL STREET _ HWY-PS HONOLULU, HAWAII 96813-5097 _ 2.2749 Mr. Christopher J. Yuen Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: ` ~ State Land Use Boundary Amendment Application (SLU 01-004), Agriculture to Rural, Change of Zone Application (REZ 01-007), A-Sato RA-2a, Ouli, South Kohala, Hawaii, TMK: 6-2-11:23 Thank you for the opportunity to comment on the subject application. 1. The proposed change will have a small incremental impact on Route 19. However, the increasing density of the Anekona Subdivision will result in increased traffic and safety impacts at the intersection of Kawaihae Road with Anekona Street. The application should include a map that identifies Anekona Street. 2. We understand that your department had been aware that intersection improvements, such as channelization and street lighting, will be needed and has been investigating the poss:bili±y Of haying all the O1xJ:'.ers in the yiCinity sharp the rOct 3. For further information in determining the needed roadway improvements, please contact and coordinate with our District Office in Hilo. 4. Any required improvements must meet current State Highway requirements and be planned, designed and implemented at no cost to the State. 1 ~ a ,.2u «x Christopher J. Yuen, Director HWY-PS Page 2 2.2749 If you have any questions, you may contact Mr. Ronald F. Tsuzuki, Head Planning Engineer, at 537-1330. Very truly yours, BRIAN K. M I Director of Transportation E.. F..H9 ' lP•'~ t959 9 %r ~lZi7':, l BENJAMIN J. CAYETANO i ~ ~1 5 GOVERNOR ~~.®ecp "r~oa°.e DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAN® USO= COMIVlISSI®N 1= . P.O. Box 2359 , - Honoluiu, HI 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 ` May 15, 2001 Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: State Land Use Boundary Amendment Application (SLU 01-004) Request: Agricultu>i•al to Rural Change of Zone Ordinance Application (REZ 01-007) Request: Agricultural (A-Sa) to Rural (RA-2a) Applicant: Thomas and Mindy Mignanelli Family Trust TMK: 6-2-0 l 1: 023 Waimea, Srnrth Knhala, Hausa+i We have reviewed the subject SLU Boundary Amendment Application as transmitted by your memorandum dated April 20, 2001, to reclassify and rezone the subject parcel to establish a two-lot subdivision at the Anekona Estates, Ouli, Waimea, South Kohala, Hawaii. Based upon review of the Application, we have the following comments: 1. The subject parcel appears to be in the State Land Use Agricultural District as described in the Application. 2. The State Land Use district designation should be "Agricultural" and not "Agriculture" as described on page 2. 3 . The Applicant should clarify, to the extent required by the County of Hawaii, how the project is not contrary to the objectives of Section 205A, Hawaii Revised Statutes. 4. We suggest that the Applicant include verification from the County of Hawaii Planning Department or the State Historic Preservation .Division, Department of Land and Natural Resources that the property does not contain significant archaeological, historical, or cultural features. f Mr. Christopher Yuen May 15, 2001 Page 2 5. It is our understanding that the County approved a similar reclassification request for TIVIK parcel 6-2-011: 028 on December 26, 2000, pursuant to Ordinance 00 153 for P. Mariah Kosters. The County should clarify if it intends to amend the General Plan for the area from "Extensive Agriculture" to a classification more consistent with current conditions as evidenced by increases in Rural District reclassifications and the subdivision of properties into smaller lots. We have no further comments to offer at this time. We appreciate the opportunity to comment on the Application. Please feel free to contact Russell Kumabe of my staff at (808) 587-3822, should you require clarification or any further assistance. Sincerely, ANTHONY J. G ]Executive Offic _ 5-t5-00: 7=35AM; PAUOA BEACH _ ;808 88t 950t yk Z/ &~5/14/Ol 1:04 FAa 885 ,45~ C&S CYCLE ~ ~ ~0®1 r r r P.o. sox 2~s - dcars~~la, ld{ as7~a•2sss gets H®ridricdes, Acting ~resldenc ~ F'dae~uap ~ Des[~pf Revdew CO~T9it8e® CBaelr {?0~) X56-663 0~ ~trtall: old5a~hoo.eaato may r CHR1S1°®PHER J_ YUIsN, ®IRECTOf? . COUNTY OP HAWAII -PLANNING DEPAR"T"MENT 25 AupunT Stree$ Milo, HI 96720 RE: 1) Tt-IOMAS & MINDY MIGNANELLI FAMILYTRU5T ' STATI= LAN® USE 130UNDARYp?MIsN®Ml=[~I'T & Cl-IANGE ®F ~OIVE APPLICATION (TMK (3) 6 2-11:23) Lot 23 Anekona l states Subdivision South Kohala, !eland of 0-lawai'i SP<sCIAL PEf~MIT,4PPLICATION Establishment of a lied and breakfast -Patricia Cook °fMK: (3) 6-4-15:025 Puukapu Homesteads, South Kohala, Island o4; Hawaii ®n behalf of Pete Hendricks and the Waimea Comdnunity Associati®n Planning & Design Review Committee, I am writing to confirm that our organization rnet t® review the abov® proposals on Tuesday, May t~, 2007. Pete Hendricks was out of town so I am handling the review on his behalf. While we appreciate receiving copies of all projects and proposals within the ~ designated area cover®d by the Waimea Urban Design Plan, we understand our kuleana (area of responsibility) addresses only commercial and industrial land uses, not private residential applications. Therefore, we decline to comment on the specifics of the above tvv® applications. W® w®uId add, however, we do appreciate and encourage homeowners fo se®k a bed and breakfast permit when they plan to open their home to visitors. Please feel free to call if y®u have questions (3i39-9500 or 8~5~872). j~~ Roger!-lams Member, WCA Planning 8~ pesign Review Committee ~~u 1 1 M®®I~RS ~N°l"E}~1~RISES, I..~L.C P.O. fox 1 1 O 1 K.~.~uEL~, t-9~wAI( 96743 June 18, 2001 'ti- r^ Mr. Christopher Yuen ~ Director ~r ~ Planning Department County of Hawaii ~ ' 25 Aupuni Street Hilo, Hawaii 96720 - Re: RECLASSIFICATION FROM AGRICULTURAL TO RURAL (SLU 01-004) CHANGE OF ZONE REQUEST RECLASSIFICATION FROM A 5-ACRES TO RA 2-ACRES (REZ 01-007) PETITIONER: THOMAS AND MINDY MIGNANELLI FAMILY TRUST TAX MAP KEY (3) 6-2-11:23 Dear Mr. Yuen: Your staff faxed me comments on the applications identified above from the Land Use Commission and the Department of Transportation and asked me to respond to these continents. Land Use Commission: The applicant understands the subject property is located within the State Land Use Agricultural District. Hawaii Revised Statutes, Chapter 205A -Coastal Zone Management Act: The subject property is located six miles from the shoreline. The proposed use of the subject property will riot negatively irr~pact recreational resources, visual resources to or ~ ocr. the shoreline, including access to and along the shoreline or coastal ecosystems. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. The County's new draft General Plan LUPAG map shows this area as being designated rural, which is consistent with this application and several recent reclassified parcels in the immediate area. Departxraent of Transportation: The County Council has been consistent in requiring applicants to agree to share in the cost of intersection improvements when made. This applicant anticipates that requirement on this application as well and will agree to such a condition. PHONE: (808) 885-6839 ¦ FAX: (808) 885-1 574 ~ j - EMAIL: GMOOERS@ATTGLOBAL.NET Christopher Yuen June 18, 2001 Page Two Anekona Street is shown on the vicinity map in the exhibits filed with the application as Road Lot "A", which is how it is described in the applicant's deed. By copy of this letter I am responding to these agencies. If you or your staff require additional information or have any questions, please contact me directly. Since ely, Grego . Mooers President GRM:JY copy: Department of Transportation Land Use Commission