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HomeMy WebLinkAboutCOM 0368.000 2000-2002 • eDa4Y OR y~ I~€arry Kim Dixie Kaetsu 1~layor ' Managing Director r• ~;~,.a - a ~a,$~~ Peter T. Young ~~o~'a''~ Depury Managing Director ~~1~1`~ ~1'al11 ~ 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 September 27, 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: Change of Zone Application (REZ 01-011} Applicant: Robert J. & Annabelle M. Shallenberger Request: A-40a to A-Sa Tax Map Key: 6-4-30:15 State Lan€i use Boundary Arner~dment Application (S1r~3 02-005} ~equest:.A~~-i~~~it:~:~l fo ~.ur;~:l Change of~on>~-- AppPi~~.tio~ (REZ fl1-003) Request:.~~1-.~~ ai~~~•~~ Ge i;e.sici~~-~¢al ~i Agricultural (RA-2a} A.ppicant; .,~}~-~rl~il ~1~~ Yuoni~; ~eiuz As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, , Harry Kim Mayor L0907001 Enclosures Corrlrrl. No. cc: Planning Department 1 ~ /1 ~ ~ ~ File No.~ _ Ref. To: ldef. Tate ~ ZOa~ lD~~®S p_ Larry Kim Mayor ~ ~ PLAN1vI1~1G COll~O~IISSIO1m1 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808)961-8288 Fax (808)961-8742 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 01-005) Request: Agricultural to Rural Change of Zone Application (REZ 01-009) Request: Agricultural (A-Sa) to Residential & Agricultural (RA-2a) Applicant: Jacinth and Yvonne DeLuz Tax Man Key: 6-2-5.1~ The Planning Commission, after a duly held public hearing on September 7, 2001, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to the Rural District and a Change of Zone changing the district classification from Agricultural (A-3a) to Residential and Agricultural (RA-2a) for approximately 4.294 acres of land. The property is located in Waimea Landmark Estates on the north side of Kawaihae Road and across of the Anekona Estates Subdivision, Ouli, South Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: Stag L n~ c~ Use l~oean¢~r,~~ en The applicants are requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district for approximately 4.294 acres of land in order to subdivide the property into two lots, each approximately two acres in size. The applicants reside in an existing farm dwelling that was constructed in 2000. There is a building permit for a barn that is being constructed on the eastern portion of the property. I-Ionorable James Y. Arakaki, Chairman and Members of the County Council Page 2 A farm dwelling agreement was approved by the Planning Director in August 1999 for the construction of a second farm dwelling. A request for a Change of Zone from an Agricultural (A-3a) to a Residential and Agricultural-2 acres (RA-2a) zoned district was filed and 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 Creneral 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 is located within the Waimea Landmark Estates Subdivision-Units I and I-A, consisting of 301ots. <According to Planning Department records, Ohana Dwelling Permits were approved for 13 lots. According to Real Property Tax records, five lots have been encumbered with Condominium Property Regimes (CPRs). The subject property was previously used for grazing, subsequently subdivided and has been developed with a dwelling where the applicants reside. Plans are to construct a second farm dwelling on the subject property, which was approved by the Planning Director in 1999. Immediately adjacent to the east and west of the property are 3-acre parcels with dwellings. Lands to the west and across Kawaihae Road include the Anekona and Kanehoa Subdivisions that are 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. Interspersed within these subdivisions are lands that were approved to the Rural District and the County's Residential and Agricultural (RA-2a) zoning. The Anekona Estates consists of 361ots, and Kanehoa Subdivision, to the east, consists of 261ots. Further east is the Kamuela Plantations Subdivision, consisting of l O lots, which is Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 located across the Kawaihae Road and further to the northeast. There are approximately 28 lots that are encumbered with Condominium Property Regimes 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. 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 maybe 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 maybe provided for in this section." The proposed boundary amendment is for similar residential-agricultural uses that are compatible to the Rural designation. The applicants have stated that the 4.294 acres will be subdivided into two residentiaUagricultural lots, each with a minimum of 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 I-Ionorable James Y. Arakaki, Chairman and Members of the County Council Page 4 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: LAND ~ J E and ~GR.I~ULTE • 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. • 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: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 HOUS~G • 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. IS NG..~E-FAMILY ~ IDE,~I~i • 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 o£socio- economic housing mix and to permit aesthetic Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 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. Access to the subject property is from Kawaihae Road. The applicants have stated that the existing access driveway shall be used for both lots. 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 applicants 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. While the property is within the State Land Use Agricultural and County's Agricultural (A- 3a) zoned districts, it is not currently being used for active agricultural purposes. The property was created in 1976 and 1984 as one of 301ots within the Waimea Landmark Estates Unit I and I-A. The property was previously utilized for cattle grazing and currently has a dwelling where the applicants reside. A second farm dwelling was approved by the Planning Director in 1999. The applicants' farm plan Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 included the growing of sweet potato and watermelon. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are 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 small-scale agricultural activities to be conducted on the land as proposed by the applicants. 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. The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is approximately six miles from the ocean. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine coastal ecosystems. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 (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. Chan o Z The applicants are requesting a Change of Zone from an Agricultural (A-3a) to a Residential and Agricultural-2 acres (RA-2a) zoned district for approximately 4.294 acres of land in order to subdivide the property into two lots, each with minimum two acres in size. The applicants reside in an existing dwelling located on the western portion of the property with plans to construct a second farm dwelling, which was approved by the Planning Director in 1999. A building permit has been applied for a barn that is being constructed on the eastern portion of the property. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 In order to consider afi 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 the growth desired as stated in the General Plan and other 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 (A-3a) 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: T A,_ ND LTSE~ Q~GRI~~~t~ • 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 10 • 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: DOUSING • 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. IN LE-FAMIL~.,~ESIDENTIAL • 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 11 ' • 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 graphically depicts the physical relationship among the various land uses as anticipated for the island. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Extensive Agricultural. It is located within the Waimea Landmark Estates Subdivision which was originally created in 1976 with 23 lots. Unit I-A was later approved in December 1981, creating additional six lots. According to Planning Department records, Ohana Dwelling Permits were approved for 13 lots. According to Real Property Tax records, five (5) lots have been encumbered with Condominium Property Regimes (CPRs). This subdivision as well as Anekona Estates Subdivision and other nearby subdivisions contain 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 to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for the Waimea Landmark Subdivision, and other subdivisions on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as this area is currently residentiallagricultural in character. Further, the County Council has approved several 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 12 The property and surrounding properties are zoned A-3a and part of the Waimea Landmark Estates. It was previously cattle land, subsequently subdivided and is currently developed with a dwelling where the applicants reside. Immediately adjacent to the east and west of the property are 3-acre parcels. Lands to the south and across Kawaihae Road include parcels within the State Agricultural District and zoned A-Sa by the County. Interspersed within these subdivisions are lands that were approved by the County Council from the Agricultural District to the Rural District and the County's Residential and Agricultural (RA-2a) zoning. The Anekona Estates consists of 361ots, with Kanehoa Subdivision, to the east, consisting of 26 lots. The Kamuela Plantations Subdivision, consisting of l O lots, is located further to the east. These subdivisions include mixed residential uses, vacant lands, and very few agricultural uses. There are approximately 281ots 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. Although this will be the first request for a Rural designation within the Waimea Landmark Estates, 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. 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. Should the County Council approve the applicants' request for a State Land Use Rural District and the request for a Residential and Agricultural (RA-2a) zoned district, the applicants would normally be allowed to apply for an Ohana Dwelling Permit, which would allow the construction of a second dwelling unit as a separate or attached unit on both lots. Due to the fact that this subject request will allow the existing parcel to be subdivided and subsequently allow the applicants to create a second lot, we would be allowing an additional dwelling to be constructed which would double the existing density of the area. Although, the Planning Director supports this rezoning request to Honorable James Y. Arakaki, Chairman and Members of the County Council Page 13 allow for atwo-lot subdivision with one home on each lot, the potential to allow four (4) homes may contribute to a cumulative burden on the existing infrastructure (road, water, etc.), which cannot be supported. Therefore, the Planning Director recommends that a condition be included to prohibit a second dwelling unit on each lot. The property was previously utilized for cattle grazing, however, has been cleared and a dwelling constructed on the western portion of the property. 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 are 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 small-scale agricultural activities to be conducted on the lands as proposed by the applicants. All utilities and services are available to the site. Access to the subject property is from Kawaihae Road, which is under the jurisdiction of the State Department of Transportation. The applicants have an existing driveway that would be shared by the two lots. To ensure this, a condition is included to require that the driveway for the two lots be consolidated and meet with the approval of the Department of Transportation. Since similar changes of zone have occurred across the road throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision, the creation of additional homesites will increase the traffic burden on Kawaihae Road. Therefore, a condition of approval has also been included to ensure that future roadway improvements be planned for either through a Federal transportation program or through the fair share contribution towards roads. Water is provided by two 5/8-inch County water meters, which front the property. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be required to dispose wastewater into a septic tank system. 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. The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is approximately six miles from the ocean. fine proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open Honorable James Y. Arakaki, Chairman and Members of the County Council Page 14 vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. 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, the applicants are not aware of any valued cultural, historical or native resources nor any traditional and customary native Hawaiian rights being practiced in the area, it is 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 (A-3a) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the SLU Boundaries Map H-14, and Section 25-8-7 (North and South Kohala Districts Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code are transmitted. We are enclosing a copy of the staff background for your information. Sincerely, Geraldine M. Giffm, Chairman Planning Commission Ldeluz02PC Enclosures cc: Jacinth and Yvonne DeLuz Mr. Gregory Mooers Department of Water Supply Department bf Public Works Kazu Hayashida/DOT-Highways,Honolulu State Land Use Commission Planning Department -Kona BDeLuaJacinth0l skg-08/29/01 COUNT' OF IiAWAII PLANNING DEPARTMENT ~ACKGIZOUNI) REPORT JACINTlEI AND YVONNE L.K. DE LUZ S'L'ATE LAND USE DOUNDARY AMENDMENT APPLICATION (SLU 01-005 ) C]EIANGE OF ZONE APPLICATION (REZ O1-009) JACINTIi AND YVONNE L.K. DE LUZ has submitted applications for a State Land Use Boundary Amendment (SLU 01-005) from Agricultural to Rural District and a Change of Zone (REZ 01-009) by changing the district classification from Agricultural (A-3a) to Residential and Agricultural (R.A-2a) for approximately 4.294 acres of land. The property is located in the Waimea Landmark Estates on the north side of Kawaihae Road and across of the Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-05:18. GENERAL INFORMATION 1. Land Oavnership: Jacinth and Yvonne L.K. De Luz are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicants are requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district and a Change of Zone from an Agricultural (A-3a) to a Residential and Agricultural-2 acres (R.A-2a) zoned district for approximately 4.294 acres of land. The applicant proposes to subdivide the property into two lots, each with minimum of approximately tvvo acres in size. The existing access off of Kawaihae Road will accommodate the two proposed lots. The applicant has constructed a single family dwelling where they reside and intends to construct a second farm dwelling on the property after the new zoning designation is secured. The second farm dwelling was approved by the Planning Director in 1999. 3. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -State Land Use Eoundary Amendment and Change of Zone Applications received May 31, 2001 and letter dated June 6, 2001 and July 13, 2001) STATE AND COUNTY PLANS 4. State Land Use District: Agricultural. 5. IJasvaii State Plan Consistency: Socio-Cultural Advancement (Housing) objectives and policies. 6. IiItS Chapter 205A Coastal Zone Management Act: The property is located approximately six miles east from the nearest coastline. It is not anticipated that the proposed development will adversely impact recreational resources, including access to and along the shoreline or mountain access, scenic and open space, visual resources to and from the shoreline, coastal ecosystems or marine coastal ecosystems. 7. General Plan Consistency: Goals, policies and courses of action of the Land Use, Agriculture, Residential and Housing Elements for South Kohala. 8. 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, on both sides of the Kawaihae Road, including the Waimea Landmark Subdivision, 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 (across from the subject property} to State Land Use Rural district with Residential-Agricultural zoning. 9. County Zoning: Agricultural (A-3a). 10. Ohana Dovellings: Ohana dwellings can be applied for with the new proposed State Land Use Rural District and Residential and Agricultural (RA-2a) district zoning. 11. SMA: The property is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PItOPEItTY AND SURROUNDING AlaEA 12. Subject Property: The subject property is approximately 4.294 acres in size and irregular shaped. It was originally part of a large lot that was zoned A-40a and redesignated by the County Council to A-3a in 1974 and subsequently subdivided. There is an existing farm dwelling on the subject property that was constructed in 2000. A -2~ building permit has been applied for a barn which i~ being constructed on the eastern portion of the property. A farm dwelling agreement was approved by the Planning Director in August 1999 for the construction of a second farm dwelling. The farm plan included the growing of sweet potatoes and watermelons. 13. Waiaa~ea Landmark Estates: The subject property is one of 23 original lots created as a part of the Waimea Landmark Estates-Unit I which was secured final subdivision approval on September 14, 1976 (Subdivision No. 3851). Waimea Landmark Estates- Unit I-A was approved on December 1, 1981 (Subdivision 4737), creating an additional six (6) lots. According to Planning Department records, Ohana Dwelling Permits were approved for 13 lots. According to Real Property Tax records, five lots have Condominium Property Regimes (CPRs). 14. Adjacent Zoning/I,and Uses: Immediately adjacent to the east and west ofthe property are 3-acre parcels that are also zoned A-3a. There is a poultry farm on TMK: 6-2-5:9. This is the first request for a boundary amendment or change of zone in the Waimea Landmark Subdivision. Lands immediately to the north are large acreages zoned A-40a within the State Land Use Agricultural District and owned by the Queen Emma Foundation and State of Hawaii. 15. Surrounding Subdivisions: Across the Highway are the Anekona Estates Subdivision (36 lots), Kanehoa Subdivision (26 lots) to the east of Anekona Estates Subdivision; and the Kamuela Plantations Subdivision, (1 O lots), which is located further to the east. These subdivisions include a mixed 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, 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. The -3- . subject property is approximately 1,050 ft. west of Kanehoa Street, which leads into Anekona and Kanehoa Subdivision. 16. 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-Sato RA-2a for nine parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. In October 1996, the County Council also approved the reclassification of two 5-acre parcels within the Kamuela Plantations Subdivision to the State Land Use Rural District. 17. Agricultural Lands of Importance to the State of Ilaw~aii (ALISII) 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. 18. Land Study Bureau's Detailed Land Classification System: Soils within the property and surrounding area is classified as "E" or Very Poor. 19. 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. 20. FIRM: The property is located within Zone X, area determined to be outside the 500-year flood plain. 21. Flora/Fauua Resources: According to the applicant's environmental report, Philip Conley walked the periphery of the property and found no rare, threatened or endangered plant or animal specials on the property on March 3, 2001. Common animal species in the area include field mice and mongoose. 22. 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. 23. Cultaaral or Native Gathering Rights: According to the applicant, there is no evidence of valued cultural, historical or native resources nor aze any traditional and customary native Hawaiian rights being practiced in the area. 24. Public Access: According to the applicant there is no public access to and along the shoreline running through the property. PUBLIC UTILITIES AND SERVICES 25. Roadway: The subject property has frontage along Kawaihae Road, a State Department of Transportation road which has an approximately 29-foot wide pavement with paved shoulders within a 60-foot right-of--way. The existing access driveway has a width of approximately 34 feet. The applicant has stated that the existing driveway will be shared for both lots. 26. Water: According to the Department of Water Supply there are presently two S/8-inch meters on the property. 27. 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. 28. Utilities: Underground electrical and telephone services aze available to the property. 29. 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. 30. 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 31. Department of Public Works (August 7, 2001 Merno): -y_ "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. 3. Kawaihae Road, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HOT). Comments and requirements concerning this road should be obtained from the HDOT. Should there be any questions concerning this matter, please contact Kiran Emler of our Kona Engineering Division office at 327-3530. (See Exhibit 16 --Applicant's response to Department of Public Works dated August 27, 2001) 32. Police Department (July 13, 2001 Memo): 66Staff has reviewed the above-referenced proposal and found that there are no concerns regarding the proposed use of this property." 33. Fire Department (July 11, 2001 Memo): "We have no comments regarding the above-referenced State Land Use Boundary Amendment and Change of Zone Applications." 34. Department of Health (June 28, 2001 Memo): "'The subject lot is located in the Critical Wastewater Disposal Area where septic system is required if the lot size is less than S acres" 35. Department of Water Supply (See Exhibit C -July 11, 2001 Memo): 36. Department of Land and Natural Resources- l-Iistoric Preservation Division (See Exhibit D -August 24, 2001 Memo) 37. State Land Use Commission: (See Exhibit E -May 15, 2001 Letter} 38. State Department of Transportation : (See Exhibit F -Letter received July 18, 2001 Letter and Applicant's response dated July 23, 2001) 39. South Kohala Traffic Safety: (See Exhibit G -June 16, 2001 Letter) AGENCIES - NO RESPONSE 40. Parks and Recreation, Department of Finance -Real Property Tax, Department of Land and Natural Resources--Land Management, Department of Transportation - Iiilo, Department of Agriculture, Natural Resource Soil Conservation District, Waimea and Anekona Community Association. PITI3LIC COMMENTS 40. The Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. ~ ~~~v~ pox t i ® i 1~MUELA, E-fAw~n 967',43 F~ ~ l,~ ; r,1 ,I S`I"A°TE IJA.ND IJSP POIJNDARY A.MENDMEl®TT" ~~ricultural to Rural CI-i~NGE Off' ~ON~ APPLICATION A~ricultur cre, Previously Unplanned to Residential Agricultural ~-acre Jacinth and Yvonne L. -De Luz TMI~: (3) 6-~®005:01 I~arriuela Plantations Ouli, South I~ohala, Island of I~awaii, I~awaii Sub;initted by: Mooers Enterprises, LLC ~~~_y ~~'9 ~~~g PHONE: FAX: (808) 885-1 574 EMAIL: GMOOERS@ATfGLOBAL.NET COUNTY.OF HAWAII PLANNING DEPARTMENI° APPLICATION FOR STATE LAND USE BOUNDARY AMENDMEN`T` (15 ACRES OR LESS) APPLICANT: Jacinth and Yvonne L. K. De Luz APPLICANT' S SIGNATURE: J _ ~ ~ ~ . . /uL MAILING ADDRESS: Karuuela, Hawaii 96743 TELEPHONE: (BUS) (HOME) 882-7777 LANDOWNER: Jacinth and Yvonne L. K, De Luz LANDOWNER' S SIGNATURE : ~ , r , TAX MAP KEY: 3 6-2-005:018 LAND AREA: 4.294 acres CURRENT STAfiE LAND USE DISTRICfi CLASSIg°ICAfiION: Agricultural REQUESTED STAfiE LAND USE DISTRICT CLASSIF'ICATION:Rural THE APPLICANT SHALL SUBMIfi fi~iE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 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. e A minimum 2-foot by 3-foot presentation map requested under B.3, move. 0400q PD 2/6/87 Cl~~ly~ ® ~®l PI~IC~TI®Iv COLJIVT'Y OF' I~WAII PI,ANrTING D~P~T1~i~N°T ('type or legibly print the requested inforretation) APPLICANT: Jacinth and Yv,,o,,~n,~n K De uz APPLICANT'S SIGNATURE r~~ ~ , 't',~r-~ ~ - - f _DATE: 5 / 30 / 01 ~ ADDRESS: 62-2320 Kawaihae Read' Kamuela Hawaii 9674 LIST APPLICANT'S INTERES°I° IF NO'T OWNER: ,fir s LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PI-IONE:(Rus.) _ _ (Res.) 882-7777 (Fax) LANDOWNER(S): Jacinth and Yvonne L. K. De Luz LANDOWNER SIGNATURES . (May be by 1 ) LANDOWNER(S) ADDRESS: 62-/2320 Kawaihae oad Kamuel Hawaii 96743 A' 3~- 1rJ3~a ( 'TO RA-2a REQUEST:,~A a.s (Existing zoning) (Proposed Zoning) TAX MAP I{EY: 3 6=2-00 STREET ADDRESS OF PROPER'T'Y: ~ ~ ~ ; ~ n x L, ; h A u ~ ~ u ~ ~ Q~ ~ ~a 3 SIZE OF PROPERTY OR AFFEC'TEI~ AREA(S) TO RE REZONED: 4.2 9 4 acre s AGENT: G r e o r R. Moo r ADDRESS: P • 0. Box 11 Kamuela Hawa " RfiS-~R~9 _ (Res.) - (Fax) 885-1574 TELEPHONE: (Eus. ) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: M o o e r s COPIES: (See Instructions on Reverse Side) ATTACHMENT .Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Y e s -_-______a_ If yes, please answer the rest of.question 1 and then to question 3. m._._~ a. How many acres of the requested area do you intend to subdivide? 4.2 9 4 a cx b. Into what lot sizes? 2-~ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 month s d. Do you intend to build houses on the newly created lots? y e s If des, please answer the following questions: On how many of those lots? 0 n e At what approximate price range? Housed O 0 Lot X000 Total ~ 7 5 n00 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? nn P ~ a r If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone. application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend 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 a U~tl~r ~ peLCasc ~4 dt~~~ 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 e s How? The proposed action will provide one additional residential-- agricultural houe-lot unit in this highly desirable South Kohala district. , 4. Are there any buildings on the subject area? Y es If so, what kind? One singlefamily residence in which the applicants reside. What do you intend to do with those buildings if your request is approved? It will remain as their residence. 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? ~N b " 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? Y e s 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 4 l.1 a A1L G111t1 ~t s Yes No e. Police Protection ~ f. Fire Protection - ~ g. Recreational Facilities X h. Public Utilities X i. Other g For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. G', / ~ Signature: k~W ~ ~ ~ i Address: 2-2320 ii 96743 `Pelephone: 882-7 7 7 7 Date: 5/30/01 -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROl~i AGRICULTURAL TO 12URAL ~ -~.3 ct, CHANGE OE ZONE RE~iTE CLASSIFICA'T'ION FRO10~ AGRICUL'I'iJRA - ,PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: JACINTH AND YVONNE L. K. DE LUZ TA% 1~AP I~EY (3) 5-2-005:18 Karnuela Plantations Feint a Portion of R.P. 2237, L.C. Avv. 8518-~, Ap. 1 to Jaynes Young I~anehoa at Ouli, S®uth I~®Ieala, Island of ~Tawaii, 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 -~Ye~ acre (A~a`~zone, previously known as Unplanned, to the Residential-Agricultural two-acre (R.A-2a) zone. The subject property (4.294 acres) is located in the Kamuela Plantations Subdivision on the north side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, i~awaii TMK: 6-2-005:18 GENERAI, INFORMATION 1. Jacinth and Yvonne L.K. De Luz, husband and wife, are the fee owners of flee subject property. PR®P®SEI) DEVELOPMENT 2. The applicants are proposing to create a two lot subdivision using two 2+ acre parcels adjacent to Kawaihae Road. 3. The existing lot presently has an access point off of Kawaihae Road that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. The lot is presently developed with one single-family home. 5. Electrical, telephone and cable television service are available to both lots through the overhead utility system on Kawaihae Road. 6. The applicants intend to construct a second single-family dwelling on the subject property after the parcel is subdivided based on the new zoning designation. APPLICAlmTT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) 1 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 and adjoining subdivisions. 10. The property is located within the County's Agricultural-acre zone, previously known as Unplanned. ~ " ~ ~ 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF TIIE PROPERTY AND SiJRROUNDING AREA 12. The property is a 4.294 acre parcel located on the north side of Kawaihae Road approximately on the 63 mile marker on Kawaihae Road. 13. The site presently is developed with asingle-family home. The entire parcel has been graded and prepared for the construction of a second dwelling. The applicants have applied for and received a permit for a second farm dwelling on the site. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant f ndings 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 loamy 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 2 Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative 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 Ianportance 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. Anekona subdivision is south of Kamuela Plantations, (A-Sa & RA-2a), and Kanehoa subdivision, (A-Sa ~c RA-2a), is to the east. The Ouli subdivision, (A- 1 a), located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below (west) 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 ruraUresidential in character with minimal agricultural activities. 25. Thirty-two of the lots within the Kamuela Plantations, 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. Eleven 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 Kawaihae Road a Department of Transportation controlled 60' wide right-of--way highway with 20' of asphalt paving and gravel swales. The site is ser~~iccd by, i;:,partnerrt of ~~'ater Supply- wirier, with twu ~~~cterrs. 3 29. Electrical, telephone and cable service are provided to the project site via the overhead utility service on Kawaihae Road. 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 . AI'PLICAN'I'S' STATElOZE1~TT I+ OR RECLASSIEICATIOI®I EROlVI AGRICULTURAL TO RURAL CIIAI®1GE OF ~Ol®TE UEST RECLASSIF'ICATIOAt EROIVI ,3U' AGRICULTURA -ACRES, PREVIOUSLY UNPLANIOTED, T® RESIDEI~ITIAL-AGRICULTURAL ~-ACRES PETITIOl®TERS: JACII~T°H A1~D YVOloTEE L.I. De LUG TAB 1dIAP ICY (3) 6-~-®05:18 1. Tlae applicants believe tlae approval of the reclassification froBn the State Land Use Agricultural to the Rural District will not be violative of Section 205-Z, Chapter BOS, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Coffianission Rules, tlfle County General Plan and tl~e Ha®vaii 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 chazacteristics of the azeas; (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, pazcels of land not more than five acres; provided it may include other parcels ofland which are surrounded by, or contiguous to this district, and aze not suited to low-density residential uses for small farm or agricultural uses. 2. Tlae applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii band Use ConiBnission 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 lees than 1 R,SOQ square feet. ~r an equivalent residential densitya provided all ~the~ lots in the subdivision have the minimum lot size of one-half acre. A petition for 5 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 similaz agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. T'he applicants believe that the reclassification action would also conforan 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. 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. 4. 1'he applicants believe the proposed boundary aanendment and change of zone would conformmn to the following goals and policies of the General Flana LAND USI? • 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 accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use 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 enc®uraged 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. Tlae applicants believe tlae purpose and applicability of the IAA distriet as defined in section 25=5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala." Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the reanoval of this particular 4 acres of land from the State Land Use "Agrisultur°e~' district will not jeopardize the Agricultural land inventory of the State or tlae 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 two acres is consistent with the surrounding properties in the Kamuela Plantations, Kanehoa and Anelcona subdivisions. T'he subject property is near to 5-acre zoned parcels that have two dwellings on each lot as it is part of the Kamuela Plantations 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 AgriculturaLY.3 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. Eleven parcels have been rezoned and subdivided by the process the applicant's 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 . 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. 10 9. The applicants believe the property has no severe geological or topographical probleans v~hich 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 Based on the above, the applicants believe the approval of the State Land Use Boundary Aaaaend~ent to the Rural District and the Change of Zone frong Agricultural-acre to Residential-Agricultural 2-acre conBpleffients the State Land Use District Regulations and is supportive of the State of I-€a~vaii Plan and the County of fia~aii Geaeral Plan. Therefore, the applicants request that dais request for a State Land Use Boundary Aenendnaent frown Agricultural to Rural District and the Change of Zone from Agricultu -acre to Residential-Agricultural ~-acre be given a favorable consideration. 11 ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAIy~CRES 1'O RESIDENTIAL-AGRICULTURAL 2-ACRES r PETITIONERS: JACINTH AND YVONNE L.K. DE LUZ TAB MAP KEY (3) 6-~-OOS:018 A. SU~.TECT REQUEST: The applicants are proposing to change the State Land Use District from the Agric Mural district to the Rural district and change the County Zoning from Agricultural -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 Kamuela Plantations subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 4.294 acres and will be subdivided to create two lots, each 2+ acres in size. The parcel is presently has one single-family dwelling. The applicants propose to developed the second site at some time in the future for use as aresidential-agricultural lot. The present lot has an access point on Kawaihae Road 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. 13. CONEORlVIANCE WITI`I STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Extensive Agricu e. The County Zoning is Agricultural 5-acre ~a). A" ~~ti There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agrieultaaral to the Rural IDistrict will not be violative of Section 205-2, Chapter 205, ;Elawaii 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; 1 (2) Activities or uses as chazacterized 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 aze 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 appflieants believe tlae prop®sed redistricting is consistent wit)m §15-15-27 of the lEIawaii Land Use C®ffirnissi®n 12tales that determines the Perrnissilsle uses within tl~e 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. Phis exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. Where 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 aze compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house. 'The applicant has and would like to construct Single Family Dwellings. 1-lowever, Chapter 205, l~awaii 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), IRS, 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 quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary aflnendment 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. 3 ROUSTING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. I • Attain a diversity ofsocio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULT'IIRE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • K.ural-style residential-agricultural developments, such as new small scale rural commumtyes 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 12A district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 4.294 acres of land frown 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 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 ®verall 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 tvvo acres is consistent with tlne surrounding properties in the 1{amuela Plantations, Kanelaoa and Anekona subdivisions. The subject property is near to 2-acre and 5-acre zoned pazcels as it is part of the Kamuela Plantations 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. Eleven pazcels 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. S. The applicants believe all utilities and services are available to the property which are essential to accoffirnodate 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. 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 A~nendenent to the Dural District and the Change of Zone from Agricultural acre, previously Unplanned, to Residential-Agricultural 2-acre aj coinpleBnents the State Land Use District Regulations and is supportive of the State of Ilawaii Plan and the County of Ilawaii General Plan. C. P1Ti'SICAL CfIARACTERISTICS AND ENVIRONMENTAL SETTING OP TIEIE PR®PEI2TaY AND SURI2®UNDING AREA: 1. The property is a 4.294 acre parcel located on the north side of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. The site is fully developed with asingle-family dwelling and the balance of the site has been graded extensively, see the attached plant list in the exhibits. 4. Since the site has been previously grazed by cattle and completely 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. 7 _ _ 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. 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 (ALIBI-~ classification system, the property is not classified. 12. The Land Study Eureau 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 S-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 pazcel 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. i 7. r hirty of the lots within the kamuela Plantations, l~anehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In 8 addition other lots 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. D. PiJBLIC FACILITIES AND SERVICES: 1. The property is located on Kawaihae Road a public 60' wide right-of--way with 20' of asphalt paving and gravel 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 overhead utility system on Kawaihae Road. 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. ~-Iapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. S. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIR®NIVIENTAL ASSESSlO~IENT AND ANALYSIS: ~ . 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. There is already one home on the property. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the 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 froyn 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. ~ '3~- 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from ~~o 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. 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June 6, 2001 ~ ~ ~ ' Mr. Christopher Yuen Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHA101GE OF ZONE REQUEST RECLASSIFICATION FROM AGRICUI.'I'URAI`5~4C..RES , PRE~C~USLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES F~ PETITIONERS: ,TACINTII AND YVONNE L.I. DE LUZ TAX MAP I~EY (3) 6-2-®®5:18 Dear Mr. Yuen: I have been asked by your staff to address two additional issues related to the applications identified above. Hawaii Revised Statutes, Chapter 2®SA -Coastal Zoafle Managemeeflt 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 Natflve Ila~vaiflan RflghtS: 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 I-Iawaiian 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. Sincerely, . ~ d~~C.~ Grego . Mooers President GRM: jY ~ = yyYJ~ PHONE: (8O8) 885-683 FAX: (808) 885-1574 EMAIL: GMOOEF2SCATTGLOBAL.NET . _~r~rISES, LL' 909 885 1574; JUL- i < 12:04PM; PAl#E 2/2 M®®~F2~ d~I'i'~RI~F~I~, IbL~ i''.~. t6®x i i ~ i July 13, 2001 Ivlr. Christopher Yuen Director Planning Department County of T-iawaii 25 Aupuni Street H1~o, d'lawaii 96720 lte: R)~CLASSIf~'iCA7'I®N AGR1rCULTiJRAL 7'O RURAL, (SLU 01-005) JE~CLASS.[~ICA"1C'''Y®1V p`R~Ii7t AGi~CU1.Ti71~.A~, ~-AC'~.IES 3'(31tE~.l®LI~f~7A1~A~i8di:;UL~'URAL 2-A~:ldl~S TI'I`iQNERSs JAC.'~T'I'A A11~ Y~JGNI~TE L.IC. I)E LTJZ Dear Mr_ Yuen: • I have been informed by your stafl'that flee subject property was the subject of a previous change of zone appiicatiosi that changed the zoning ofthe property to A-3a. Therefore the property is presently zoned A-3a and not A-Sa. Any and all references anade in the application documents to A-Sa should be arl~ended to A-3a to reflect this change. Please amend the application to indicate that the applicar?t wishes to chaiibe the zone from A-3~ to RA-2a. I apologize for any confusion this may have caused. I will notify the neighbors of this change i1t the second notice to neighbors. T understand that your staff wilt notify the agencies reviewing this application of this change. If you or your statfrequire additional intbrmation or have any questions, please contact me directly. since ly, e~ Grego . Nlooers President GRM:jy Ps•~OP!!:: (808) 6856839 SAX: ($O$) 885-1574 ~.MAIs.: Gt~o0ER5~A7TGLU63ALNET !N®®EI~S ~I~i'f`~RI~RISSS, I~LeC P.O. ~oX 1 1 O 1 KAN9UIrl~1, t°IAWA't 967~L3 August 27, 2001 Mr. Christopher Yuen Director ~ _ Planning Department County of Hawaii ~ f 25 Aupuni Street ~ Hilo, Hawaii 96720 Re: RECLASSIFICATION FROlO~I AG TO RURAL (SLU-Ol-005) CIEIANGE OF ZONE REQUEST (REZ 01-009) AGRICULTURAL ~-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: JACINTR ANI3 YVONNE L.K. DE LUZ TAX 1VIAP KEY (3) 6-2-005:18 Dear Mr. Yuen: Your stafffaxed me a copy of the Department of Public Works' comments on the applications identified above. I offer the following response. The applicant will comply with the Department's regulations related to runoff and erosion control. We have already responded to the comments from the Department of Transportation. If you or your staff require additional information or have any questions, please contact me directly. Sinc rely, Grego . Mooers President GRM:JY cc: Department Public Works PHONE: (808) 885-6839 ~ ~~~;4;s+a~'r' FAX: (808) 885-1571 EMAIL: GMOOEF2S@A-I°I'GLOBAL.NET _af ~WnTEq~._. ~ ~Ai o¢. Ct t # 19 49 N~~F~ART?v1~N`T O~ 1ii/AT~R SIJP~~Y • C®lJN°TY 1~4AV1d~?I OG ~4 yfyaF 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 HAWA TELEPHONE (8081 961-8050 FAX (808) 961-8657 July 11, 2001 " > TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: i~TATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 01-005) REQUEST: AGRICULTURAL TO RURAL CIIANGE OE ZONE APPLICATION (REZ 01-009) APPLICANT JACINTIi AND YYONNE DELUZ REQUEST: A-Sa TO RA-2a TAX MAP KEY: b-2-005:018 We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone and have the following comments and conditions. The subject parcel has two 5/8-inch meters. Should these two applications be approved and the property is rezoned, then the subdivision of the parcel shall be such that the existing water meters front the parcels they are to serve. If this is not possible, then one of the meters shall front a utility easement to the parcel it is to serve. If this is not possible, then one of the existing meters shall be relocated through approved construction drawings and installation by a private contractor, all at the owner's expense, to front the utility easement to the lot it will serve. Should there be any questions, please call our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milton D. Pavao, P.E. Manager I~IT copy -Jacinth and Yvonne DeLuz (/Vccter brine ~NO~re~~... et ~ ~ ~ a''+ 3313N.IAWNN J. CAYIEPANO r 4A ' ~ R~L~~Y i. C®LOARA-A6IARAN. CFU~Dq~RSOWI (tOVER{110R OF HA1tJAR i- BOARD OF l.ANO AHD NATURAL RE30URCES ® C0+ ON WATER RESOURCE MANAGEMENT &'d& ~~0.~_~z K 3 DEPUTIES ~ i ~ JANET E. KAWE~O n ' ~ 1 i LINNET. NISHtOKA STATE OF HAWAII DEPARTflAENT ®F LAND AND NATl9RAL R~Ol1RCES ~ AQUAnc aESOURCes _ SOATIidG AND OCEAN RECREATION HISTORIC PRESERVATION DIVISION COMMISSION ON WATER RESOURCE KBkuhihewB gudklinA, Room 556 MAHAGEMEAIT 601 KBmoklB Boulevaed corvsERVwnoN ANO RESOURCEs KBgalei, Hawaii 96707 ENFORCEMENT CONVEYANCES FORESTRY ANO WILDLIFE HISTORIC PRESERVATION LAND STATE PARKS August 24, 2001 MEMO)1tANDUM LOG NO: 28077 DOC NO: 0108ms07 TO: CHRISTOPHER J. YUEN, Planning Director County of Hawaii FROM: ~ DON BARD, Administrator State Historic Preservation Division SUBJECT: State Land Use Boundary Arnen.drrxent Application (SLU 01-005) Grange of Zone: (IiEZ 01-009) Applicant: Jacinth and Yvonne DeLuz Ouli, South Kohala, Have~aii ~.sland, TMK: (3)6-2-05:18 We apologize for our late response to this proposal. It is our understanding that a 4.29 acre lot will be subdivided into two, 2.1 acre residential lots. One lot already has a single family residence constructed on the parcel. A second residence is planned for the second lot. After reviewing the documents submitted with the proposed Land Use Boundary Amendment Application and Change of Zone Application, we have no concerns with the proposed action. We believe that no historic properties will be affected by this action. If you have further questions please call Patrick McCoy at 692-8029 (Honolulu), or Marc Smith at 933-0482 (Hilo). MS : amk ~~~e~1~ ,t Pi'M 1939 t4~ qtr 'F~~~S+'~Lr~ BENJAMIN J. CAYETANO r ~ "3'~~ ' r ~ ANTkONY J.H. CH GOVERNOR vt -r + EXECUTIVE GFFICE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM L.dAfV® lJ~~ CONEI6AlS$ION P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 July 5, 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 (SLU 01-005) Request: Agricultural to Rural ~ Change of Zone Ordinance Applica,,tiert (REZ 01-009) Request: Agricultural ~P~-5a~ to Residential and Agricultural (RA-2a) Applicant: Jacinth and Yvonne DeLuz TMK: 6-2-005: 018 Ouli, South Kohala, Hawaii We have reviewed the subject applications as transmitted by your memorandum dated June 21, 2001, to reclassify and rezone the subject parcel for the creation of a two-lot subdivision at Ouli, South Kohala, Hawaii. Based upon review of the subject applications, we have the following comments: 1. The subject parcel appears to be in the State Land Use Agricultural District as described in the subject applications. n Mr. Christopher Yuen July 5, 2001 Page 2 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 Chapter 205A, Hawaii Revised Statutes. Thank you for the opportunity to provide comments on the subject applications. Should you require clarification or further assistance in this matter, please contact Russell Kumabe of my staff at (808) 537-3822. Sincerely, ANTHONY J.H. CHING Executive Officer BENJAMIN J. CAYETANO tti o F hq BRIAN K. MINAAI GOVERNOR lass: ~ ~ DIRECTOR ' DEPUTY DIRECTORS [ i GLENN M. OKIMOTO u JADINE Y. URASAKI a~@ STATE ~IAW~III IN REPLY REFER TO: DEPARTMENT OP TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813-5097 2.3461 C~/' Mr. Christopher J. Yuen ' . Director ' County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 - Dear Mr. Yuen: Subject: •'~tate Land Use Boundary Amendment Application (SLU 01-005), Agricultural to Rural, Change of"Zone Application (REZ O l -009), Agricultural (A-Sa) to Residential and Agricultural (RA-2a), Jacinth and Yvonne DeLuz, Kamuela Plantations, South Kohala, Hawaii, TMK: (3) 6-2-018 Thank you for the opportunity to review the subject application. We have the following comments: 1. Although the proposed two-lot subdivision by itself should not result in any significant impact on our State highway facilities, every 2-lot subdivision adds to the cumulative effect of increased traffic and safety on Kawaihae Road (State Route 19). 2. A proliferation of driveway accesses along the highway, which has a 45 mph speed limit fronting the subject property, will degrade the highway capacity, level of service, and safety. 3. We understand that you are aware of this problem and are presently investigating the possibility of having alI of the subdivision owners share the cost of any needed highway improvements such as channelizing and illuminating intersections. 4. A location map should be included that shows the cross streets. Mr. Christopher J. Yuen HWY-PS 2.3461 Page 2 5. The applicant should be advised to contact our Right-Of--Way branch at (808) 692-7345 to determine if consideration will be charged for the doubled density (increased use of access). If you:have any questions, you may call Ronald Tsuzuki, head Planning Engineer, Highways Division, at 587-1830. Very truly yours, .~c~ ~ BRIAN K. MINAAI Director of Transportation M®®~F~S ~N'T~FZPRISES, L.L.C P.O. Bo% 1 1 O 1 KA6NUEL.4, HA~I4dA1~ 98743 July 23, 2001 • ~ r- Mr. Christopher Yuen Director Planning Department County of Ilawaii . 25 Aupuni Street Hilo, Hawaii 96720 Re: RECLASSIFICATION FROM AGRICULTURAL TO RURAL~(SLU-Ol-005) CHANGE OF ZONE REQUEST (REZ 01-009) AGRICULTURAL 3-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: JACINTH AND YVONNE L.K. DE LUZ TAX MAP KEY (3) 6-2-005:18 Dear Mr. Yuen: Your staff faxed me a copy of the Department of Transportation's comments on the applications identified above. I offer the following response. The proposed action will not result in any additional accesses to the highway as both homes will use the present access point. The proposed action will not increase density of development as the applicant has already received permission to construct the second-home with a farm dwelling agreement. The proposed action will simply allow the applicant to subdivide the two homes into two separate lots. The access to th sub' to dr..;;~4~a-~, ro an int~rsec*.ion. T?:e t a' ~e:.t pr~p;,rty is a pr:va ; t sigh ~i~.ar:ces hk:~e bee reviewed and approved by the Department of Transportation on January 13, 1999. If you or your staff require additional information or have any questions, please contact me directly. Since ely, /ids Grego Mooers President GRM: jY cc: Department of Transporation - PHONE: (808) 885-6839 Fax: (808) 885-1 574 EMAIL: GMOOERSC~ATTGLOBAL.NET July 16th, 2001 ~ . C Mr. Christopher J. Yuen ~ Planning Director a Planning Department ~ County of I-lawaii ' y 25 Aupuni Street, Rm. 109 j, Hilo, HI 96720-4252 Dear Mr. Yuen, Thank you for the opportunity to comment on the subject application '(State Land Use Boundary Amendment Application ~ SLU 01-005). ((Tax Map Key: 6-2-005:018)) In regard to specifie traffic safety issues, we do not oppose the joint drive-way access created by this application. We do, however, have general concerns over the increased level of high speed commuter and commercial traffic on Kawaihae Road, and the related safety issues. At some point, the access roads to Konehoa, Anekona and O'oulii subdivisions will require improvement, as well as the overall highway design. Thank you for your consideration. With Aloha, 2~ John B. Ray President South Kohala Traffic Safety Committee JBR/ls