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HomeMy WebLinkAboutCOM 0367.000 2000-2002 ptv ®s Harr I£im y 4i'% Dexie I~aetsu Mayor ~ ~j. j Managing Director • ~ ' ' Peter T. Young ~q~~o~~oep't1P~` Deputy Managing Director 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (80$) 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: C'h~;n~~: e~~c ~i~~l=~ati~n 3;~~~Z fll-1D11 <~13~~~c~~~~: R~~c~-~ ~ ~~~n~.€~clae M. Sha~lenberger Rc~~,l~~t: ~~-:~<:}etc 1~- 'fah l~l:~r~ Key:. 6~n3f3:15 State Land Use Eoundary Amendment Application (SLU 01-005) Request: Agricultural to Rural Change of Zone Application (REZ 01-009) Request: Agricultural (A-3a) to Residential & Agricultural (RA-2a) Applicant: Jacinth and Yvonne Deluz Tax Map Kew ~-~-5.18 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, ~U~ Harry Kim Mayor L0907001 Enclosures Comm, No, cc: Planning Department `I / File No. I?ef. T'o: Harry oKim ~ .i .a • ib - rE•a=•~P~ ~®!1~, ~ ail PY~~II~1G COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 4; :r: 2 7 (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: Change of Zone Application (REZ 0.1-011) Applicant: Robert J. & Annabelle M. Shallenberger Request: A-40a to A-Sa Tax Matte I~.~y• 6-4-X0.1,5 The Planning Commission, after a duly held public hearing on September 7, 2001, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 10.12 acres of land from Agricultural (A-40a) to Agricultural (A-Sa) on the northwest corner of the intersection of Mud Lane, Hawaii Belt Road, and Mamalahoa Highway, adjacent to and east of Aina Moluhi Subdivision, Puukapu Homesteads 2°d Series, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicants are requesting a Change of Zone from anAgricultural-40 acres (A-40a) to Agricultural-5 acres (A-Sa) zoned district for approximately 10.133 acres of land in order to subdivide the property into two lots, each with minimum five acres in size. The applicants propose to construct a home on one of the lots. The property will continue to be utilized for grazing. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural-40 acres (A-40a) to Agricultural-5 acres (A-Sa) 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, and courses of action are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: L AND i~~~ and ~,~~IC~I~L,TURE • 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. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Identify, protect and maintain important agriculture lands on the island of Hawaii. • 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 • Through zoning the County shall protect important agricultural lands from urban encroachment. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Intensive Agricultural, which allows for sugar, orchard, diversified agriculture, and floriculture activities. According to a May 1964 tax map, the property originally consisted of 58.094 acres and was subsequently subdivided to encompass the present 10.133 acres. The A-40a zone district occurred in 1967; and as such, the property is considered a nonconforming parcel. Although the applicants propose to construct a dwelling on one of the proposed lots, the remaining portion of the property is presently and will continue to be used for grazing. The adjacent Aina Moluhi Subdivision is a mixture of residences and horse and/or cattle grazing; and the Lakeland Subdivision directly south of the property is primarily in residential uses. The requested change of zone would support the existing grazing activities at a smaller scale. Therefore, it is determined that the request is consistent with the agriculturaU residential character of the land use depicted on the LUPAG Map for this area of South Kohala. The Waimea Design Plan Land Use Concept Map does not include the subject property or its vicinity for any proposed land development patterns. The property is not situated within the Special Management Area. It is located more than 5 miles and 14 miles from the nearest Hamakua and South Kohala coastline, respectively. Therefore, the request will not impact any recreational, shoreline access, and coastal resources. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, an area determined to be outside of the 500-year flood plain. According to the applicants, the property has been continuously utilized for grazing for at least 65 years. The property is an irregular 4-sided shaped lot that borders the Aina Moluhi Subdivision on the west, Hawaii Belt Road on the south, Mud Lane on the east, and the Hamakua/South Kohala District boundary on the north. Tall eucalyptus trees exist along the eastern boundary fronting Mud Lane and also bisect the property. The property is fenced around its perimeter and is currently in horse grazing. Roosters, and a goose also roam the property. Existing structures on the property include two storage sheds and two trailers used for the existing horse grazing activity. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 In June 1983, the County Council approved a change of zone request from A-40a to A-Sa for the development of the adjacent Aina Moluhi Subdivision. Subdivision approval of the 48 acres into minimum 5-acre lots was granted in 1985. The subject change of zone request would be compatible with the agriculturaUresidential character of the surrounding area. The Aina Moluhi 14-lot subdivision located adjacent and immediately to the west of the property is zoned A-Sa and consists of a mixture of residences, cattle/horse pastures, and vacant lands. Lands to the north and within the Hamakua District are zoned A-40a and are also in pasture; to the east are similarly zoned A-40a and is the Waimea Country Club golf course site. The Kamuela Lakeland Subdivision is located to the south directly across the Hawaii Belt Road and is zoned A-la. Said subdivision consists of approximately 2121ots with lot sizes ranging from 8,000 to 12,410 square feet, and is primarily in residential uses. Further to the west of the properly are the Pleasant Acres Subdivision, consisting of 111 lots with average 10,000 square feet in size, and the Kamuela Meadows Subdivision, consisting of 1641ots with average 9,750 square feet in size. These subdivisions include residential uses, limited grazing activities, and vacant lands. Soils within the property and surrounding area are classified as "C" or Fair for agricultural productivity by the Land Study Bureau. The soils are primarily classified as the Maile series (MLD and MaA), 0 to 20 percent slopes, that consists ofwell-drained silt loams that formed in volcanic ash. Permeability is moderately rapid, run off is very slow to slow and the erosion hazard is none to slight. These soils are used for pasture, truck crops, and woodland. A major portion of the property is classified as "Prime Agricultural Land" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Prime Agricultural Land classification means land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods. A sliver of land along the Hawaii Belt Road and Mud Lane is classified as "®ther Important Agricultural Land," which are lands other than Prime or Uniquc Agricultural Lands that is also of statewide or local importance for agricultural use. As previously mentioned, the property has been continuously utilized for grazing for at least 65 years. Although a residence is proposed on one of the proposed lots, the applicants will continue the grazing activity. Existing access to the property is from Hawaii Belt Road, which has aright-of- way width of 80 feet with a 20-foot wide pavement, and paved/gravel shoulders. Mud Lane is a gravel public road that has a 50 foot right-of way. The applicants propose to utilize the existing access as a common driveway for the proposed lots. Since the Hawaii Belt Road is under the jurisdiction of the State Department of Transportation, any driveway improvements required within the right-of--way must be approved by that Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 agency. Water is provided by a 12-inch County water line that fronts the property within Hawaii Belt Road. The Department of Water Supply states that they have no objections to the request as the property has two 1-inch service laterals, one with a 5/8-inch meter. The applicants would be required to dispose of wastewater into a septic system approved by the Department of Health. All other essential utilities and services are or will be made available to support the proposed development. The Police, Fire and emergency facilities are located in Waimea, approximately 4 miles west of the property. Finally, because the property and surrounding areas have been previously grazed by cattle and/or horses, 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, no valued cultural, historical or native resources nor any traditional and customary native Hawaiian rights were practiced in the area. As such, it is also not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, approval of the Change of Zone request from Agricultural-40 acres (A-40a) to Agricultural-5 acres (A-Sa) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-11, the (Lalamilo-Puukapu Zone Map), of the County Zoning Code is transmitted. We are enclosing a copy of the staff background for your information. Sincerely, Geraldine M. Giffin, Chairman Planning Commission Lshallenberger02PC Enclosures cc: Robert and Annabelle Shallenberger Department of Public Works. Department of Water Supply West Hawaii Office Department of Land ~ Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BShallen0l agk-08/25/01 COUNTY OF IIAdVAII PLAlo11~I10TG DEI'AI~TMEleTT ~ACI~GI~OUI~TD REPOIIT ROBERT J. ~s ANNADELLE M. SI~ALLENBERGER CIIANGE OF ZONE APPLICATION (REZ 01-011) ROBERT J. & ANNABELLE M. SHALLENBERGER have submitted an application for a Change of Zone by changing the district classification from Agricultural (A-40a) to Agricultural (A-Sa) for approximately 10.133 acres of land. The property is located on the northwest corner of the intersection of Mud Lane, Hawaii Belt Road, and Mamalahoa Highway, adjacent to and east of Aina Moluhi Subdivision, Puukapu Homesteads 2"d Series, South Kohala, Hawaii, TMK: 6-4-30:15. GENERAL INFORMATION 1. Land Ownership: The applicants are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicants are requesting a Change of Zone from Agricultural-40 acres (A-40a) to Agricultural-5 acres (A-Sa) zoned district for approximately 10.133 acres of land in order to subdivide the property into two lots, each with minimum five acres in size. The applicants wish to construct a home on one of the lots but do not intend to immediately improve the second lot at this time. The property will continually be used for horse grazing. 3. Supportive Infor>rnation: The applicants have submitted the following in support of the request: (See Exl>tibit A - Cleange of Zone Application) STATE AND COUNTY PLANS 4. State Land Use District: Agricultural. 5. General Plan Consistency: Goals, policies and courses of action of the Land Use and Agriculture Elements for South Kohala. 6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Intensive Agriculture that allows for sugar, orchard, diversified agriculture, and floriculture activities. i:: ~ . 7. Waimea Design Plan: The Waimea Desigr. Plan was adopted by the Hawaii County Council through Resolution No. 214 86 on October 1, 1986, as the official document to guide future development and construction design in Waimea. The Land Use Concept Map does not include the subject property or its vicinity for any proposed land development patterns. 8. County Zoning: Agricultural-40 acres. 9. SMA: The property is not situated within the Special Management Area. It is located more than 5 miles and 14 miles from the nearest Hamakua and South Kohala coastline, respectively. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Subject Property: The property is an irregular 4-sided shaped lot that borders the Aina Moluhi Subdivision on the west, Hawaii Belt Road on the south, Mud Lane on the east, and the I-Iamakua/South Kohala District boundary on the north. Tall eucalyptus trees exist along the eastern boundary fronting Mud Lane and also bisect the property. The property is fenced around its perimeter and is currently in horse grazing. Roosters, and a goose also roam the property. Existing structures on the property include two storage sheds and two trailers used for the existing horse grazing activity. According to the applicants, the sheds will be torn down at a later date. It should be pointed out that according to a May 1964 tax map, the property originally consisted of 58.094 acres. The property was subsequently subdivided to encompass the present 10.133 acres. 11. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural District. The Aina Moluhi 14-lot subdivision located adjacent and immediately to the west of the property is zoned A-Sa and consists of a mixture of residences, cattle/horse pastures, and vacant lands. Lands to the north and within the Hamakua District are zoned A-40a and are also in pasture; to the east are similarly zoned A-40a and is the Waimea County Club golf course site. The Kamuela Lakeland Subdivision is located to the south directly across the Hawaii Belt Road and is zoned A-la. Said subdivision consists of approximately 212 lots with lot sizes ranging from 8,000 to 12,410 square feet, and is primarily in residential uses. Further to the west of the -2- property are the Ple,:.sant Acres Subdivision, consisting of 111 lots with average 10,000 square feet in size, and the Kamuela Meadows Subdivision, consisting of 164 lots with average 9,750 square feet in size. These subdivisions include mixed residential uses, limited grazing activities, and vacant lands. 12. Previous Approvals: In June 1983, the County Council approved the change of zone request from A-40a to A-Sa for the development of the adjacent Aina Moluhi Subdivision. Subdivision approval of the 48 acres into minimum 5-acre lots was granted in 1985. 13. Agricultural Lands of Importance to the State of Hawaii (ALISII) System: A major portion of the property is classified as "Prime Agricultural Land" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISI-I) Map. Prime Agricultural Land classification means land which has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modern farming methods. A sliver of land along the Hawaii Belt Road and Mud Lane is classified as "Other Important Agricultural Land," which are lands other than Prime or Unique Agricultural Lands that is also of statewide or local importance for agricultural use. 14. Land Study Bureau's Detailed Land Classification System: Soils within the property and surrounding area are classified as "C" or Fair for agricultural productivity. 15. U.S. Soil Survey: The soils are primarily classified as the Maile series (MLD and MaA), 0 to 20 percent slopes, that consists ofwell-drained silt loams that formed in volcanic ash. The surface layer and subsoil are about 14 to 46 inches thick, respectively. Permeability is moderately rapid, run off is very slow to slow and the erosion hazard is none to slight. These soils are used for pasture, truck crops, and woodland. 16. FIRM: The property is located within Zone X, area determined to be outside the 500-year flood plain. 17. Flora/Fauna Resources: According to the applicants' environmental report, the property is dominated by exotic grasses and low shrubs, consisting of strawberry guava, Indian fleabane, kiawe, Lantana, Christmas berry, etc. Common animal species in the area -3- include field mice, mongoose and pigs. There is no known or recorded rare or endangered animal or plant life in the area. However, the applicants have pointed out that the endangered Hawaiian hawks or I`o are occasionally observed flying over Waimea and native Short-eared owls or Pueo maybe observed in the area. 18. Archaeological Resources: According to the applicants' environmental report, the property has been in continuous grazing for at least 65 years. No archaeological, cultural or historic sites are known to be located on the property. 19. Cultural or Native Gathering Rights: According to the applicants, there are no valued cultural, historical or native resources nor has there been any traditional and customary native Hawaiian rights practiced on the property. PUBLIC UTILITIES AND SERVICES 20. Roadway: Existing access to the property is from Hawaii Belt Road, which has a right-of--way width of SO feet with a 20-foot wide pavement, and paved/gravel shoulders. Mud Lane is a gravel public road that has a 50 foot right-of--way. The applicants propose to utilize the existing access as a common driveway for the proposed lots. 21. Water: Water is provided by an existing 12-inch water line that fronts the property within Hawaii Belt Road. The Department of Water Supply states that the property already has two 1-inch service laterals, one has a 5/8-inch meter; and that they do not object to the ultimate 2-lot subdivision. 22. Wastewater: There is no municipal sewer system in the area. Therefore, the applicants would be required to dispose of wastewater into a septic system approved by the Department of Health. 23. Other essential Utilities/Services: Electrical and telephone services are available to the property. 24. Police, Fire and Emergency Services: The Police, Fire and emergency facilities are located in Waimea, approximately 4 miles west of the property. Waimea is also the primary employment and commercial center for this portion of South Kohala. AGENCIES' COMMENTS 25. Department of Public Works (August 9, 2001 Memo): -4- "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. The Hawaii Belt Highway, fronting the subject property, is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning this road should be obtained from the HDOT. 4. Mud Lane is public road that is not maintained by the County." 26. Department of Water Supply (august 24, 2001 Memo): "We have reviewed the subject application and have the following comments and conditions. "Inasmuch as the subject parcel has two, 1-inch service laterals, one of which has a 5/8-inch meter, we have no objections to this application for an ultimate two-lot subdivision." 27. Police Department (July 19, 2001 Memo): "Staff has reviewed the above-referenced proposal and found that there are no concerns regarding the proposed use of this property." 28. Fire Department (July 17, 2001 Memo): "We have no comments regarding the above-referenced Change of Zone Application." 29. Department of 1=Iealth (July 25, 2001 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." 30. Department of Transportation (august 13, 2001 Letter): "Thank you for requesting our review. We have the following comments: 1. The proposed development will not adversely affect State highway facilities. However, we suggest that the county consider the long-term cumulative impacts of ad hoc residential subdivisions on rural agricultural land. -5- 2. Any plans for work within the State highway right-of--way must be submitted to our Hawaii District Office, Highways Division, for review and approval." 31. Land Use Commission (July 10, 2001 Letter): "We have reviewed the subject application forwarded by your memorandum dated July 5, 2001, and confirm that the subject parcel is located within the boundary of the State Land Use Agricultural District. "We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application." AGENCIES - NO RESPONSE 32. Department of Finance -Real Property Tax, Department of Land and Natural Resources - Historic Preservation Division, and Land Management Division, Department of Agriculture, and Natural Resource Conservation Service PUBLIC COMMENTS 33. The Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -5- RECE[Y~~ JUN 2 0 20(11 ' C ~ O~ Z~ 'PI~I jy~y ~^~y {p.~ ~+M~. ~s~y 5p^~gy ~ p+ { COiJNTY ~WAII ~T5-57G~ EC~a~kini I~mvy. ~1~}~ P'~A1V10TING DEI'~.tTIV~1V~° +~ailu~-Kn~i~, ~I (Type or legibly print the requested information) APPLICANT: f~'y~ ~~l ~ ~Gl(~ 5 ~ ~ l~e~ S u( APPLICANT'S SIGNAT ATE: ADDRESS: ~ ? ~ ~ ~~'e~. ~~s°t~ ~ LIST APPLICANT'S IN'T'EREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OE MAIN OFI4ICEItS: PI~oNE:(~s.> S~oY-S' t-1?,~ ~ (Res.) ~v~r-fed ~-3643~ax) ~d~d~ ~ ~~7~ LANL~ovvrtERts): ~~~°f J. ~ l~~ . 5~~ ~(e~ LANDOWNER SIGNATURE(S): DATE: LANDOVVNER(s) ADDRESS: -I7~~G~~e~a~ ~ ~ ~ loa. l ~ G? REQUEST: ~ ~ (Eris g zoning) ~ ~ ~ D / 5'® (Proposed Zoning) TAX MAP KEY: STREET ADDRESS OP PROPERTY: ~r~ srzE ol~ PROPERTY oR AFFECTED AREA(S) To REZONED: / ~ • I ~ ~ ~ AGENT: ADDRESS: ~°EI,EP]FIONE: (13us.} (Iles.) (Fax) Please indicate to/whom//original correspondence and copies should be sent. ORIGINAL: l~,~t ~l o c.~ r! Cri - C®PIES : ; d W ~ tom! _ s~,.~ _ - _ . ~ (See Instroctsons on Reverse Side) Y t 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? If des, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans f to the Planning Department for preliminary approval? ~t~ t d. Do you intend to build houses on the newly created lots? If des, please answer the following questions: On how many of those lots? / At what approximate price range? House ~sBi~ +G Lot /~~~?~c Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together zr~C~h your change of zone application ' / form. 1~ 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land t.o someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the lak~d to someone who has no plans? d. Keep it? e. Other (please state) ~f ~ l P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? How? 4. Are there any buildings on the subject area? ~t S If so, what kind? 5/~~l ~ What do you intendd to do with those buildings if your reque,~sft is approved? ~9A~ /d6/g~+•~~ l 6e~ 5. Is the subject land currently being used for any agricultural activity? 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? ~i~ What kinds of commodity? ~ , C~ 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? ~V If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools b. Roads ~ c. Sewer d. Drainage ®3~ Yes No e. Police Protection f. Fire Protection g. Recreational Facilities ~ h. Public Utilities i. other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. I'L~~~cc r~~ ~ Signature: / r/ . / Address: (oa "179 ~Vtt~ Nt,~~ ~-~~cylU~ ~~7`lg Telephone : ~ ~ ° ~j G~ Date: ~ ~L U~ ~qv REZONING REQUEST: AGRICULTURAi, 40-ACRES (A-40A) TO AGRICULTURAL 5-ACRES (A-5) APPLICANT: ROBERT AND ANNADELLE SHALLENRERGER TAX MAP KEY: (3) 6-4-30: 15 PUUKAPU HOI~STEADS SERIES, WAIMEA, SOUTH KOHALA, HAWAII MAY 12, 2001 A. REZONING REQUEST: AGRICULTURAL 40-ACRES (A-40A) TO AGRICULTURAL 5-ACRES (A-5) APPLICANT: ROBERT AND ANNABELLE SHALLENBERGER TAX A~lAP i~EY : ( 3 } 6-4 -30 : 15 PUUKAPU HO1~iESTEADS PND SERIES, 6~7AII~A, SOUTH KOHALA, HA6dAII 1. Details of Proposed Rezoning Request a. Project Description: The applicants, Robert and Annabelle Shallenberger, are requesting a zoning amendment of the 10.1835 acre subject parcel from Agricultural 40-acres (A-40a) to Agricultural 5-acre (A-5a) The parcel is located near the outskirts of the town of Waimea (Kamuela). The Mamalahoa (Belt) Highway borders the southern edge of the parcel and the Mamalahoa/Mud Lane intersection borders the southeast edge of the parcel. b. Statement of Objectives: The purpose of the rezoning request is to allow subdivision of the parcel into two (2) 5+ acre lots. The Preliminary Subdivision Plan reflects a proposed division into a roughly rectangular lot fronting Mamalahoa Highway and a roughly triangular lot on the north half of the subject parcel. c. Number of acres/square feet: The subject parcel is 10,1835 acres. d. Proposed units/lots/floor area of proposed building envelope: Not .Applicable d. Timeframe and Cost: Subdivision plans will be submitted for review and approval following the rezoning of the subject parcel. e. Membership size/number of employees and clientele: Not Applicable f. Parking Arrangement: Not Applicable g. Traffic impacts: No appreciable impact on traffic is anticipated, as a maximum of two residences will result from this rezoning and subsequent subdivision of the parcel. The existing entrance to the parcel off of Mamalahoa Highway will be used to both subdivided parcels. h. Other Related Information: None i. Proposed on-site and off-site infrastructure: Subdivision plans, to be submitted after rezoning, will identify proposed locations of fencing, improved on-site road access and home building sites. No off-site infrastructure is anticipated. CONFORMANCE ~TITH STATE/COUNTY PLANS 2. State Land Use designation: The present land use designation of the subject parcel is Agricultural. The immediately surrounding area is also within the Agricultural district. As the requested zoning is Agricultural, with a 5-acre minimum lot size, no boundary reclassification is required. 3. Applicable goals/policies and objectives of the General Plan: The existing Hawaii General Plan and the Preliminary Draft #2 (Jan 19, 2001) of the Revised Hawaii General Plan were reviewed. This rezoning request does not conflict with the goals and policies of the General Plan relating to land use/zoning, agriculture, environmental quality, drainage or historic site preservation. This request will maintain agricultural use of the land while permitting rural-style residential/agricultural development. 4. General Plan Designation: The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject parcel for Intensive Agriculture. According to the General Plan, this designation is oriented to sugar, orchard, diversified agricultural and floricultural operations. Under the requested A-5a zoning, a General Plan amendment would not be required. 5. Zoning: The subject parcel is zoned Agricultural 40 acres (A-40a). This request would change the zoning to Agricultural 5 acres (A-5a) . 6. Community Development Plan: The draft of the Northwest Hawaii Open Space and CDP notes that this area is part of an "Existing Developed Area", oriented to low density development. The proposed rezoning would be consistent with this recommendation. The proposed rezoning is also consistent with the goals and policies of the South Kohala section of the Revised Hawaii General Plan. 7. Special Management Area: The subject parcel is not located within the County SMA. As enr~ . vin SMA ~Far~i t- Uan~il r-# h~ r~rxn i r+~t~ _ C. PIi3CSICAL CHARACTERISTICS ANI~ ENVI120Nt+~ENTAI, SETTING Off` TYiE f~®~E~~Y F SLB~R® YI1G AREA, Physical Characteristics/Environmental Setting: 8. Description of subject property: The subject parcel is located at an elevation of approximately 2,800 feet, near the outskirts of the town of Waimea. It lies adjacent to and north of Mamalahoa Highway, at the intersection of Mud Lane. The parcel is roughly triangular in shape. Most of the property is bordered by tall eucalyptus and cedar trees. The south half of the parcel is generally flat, while a hill approximately 25' above grade is found in the northern half of the parcel. Existing structures include a perimeter barbed wire fence, two portable tack sheds and a deteriorating concrete and slaughter shed that has not been used in more than 40 years. 9. Lava Hazard Zone: The subject parcel does not lie within a designated lava hazard zone. 10. Distance from Coastline: The subject parcel lies approximately 6 statute miles on a direct line from the Hamakua coast shoreline. 11. Agricultural Lands of Importance in the State of Hawaii (AI,iSH Designation) , The ALISH designation (January 1977, Map No. H-34) for the subject parcel indicates both "Prime Agricultural Lands" and "Other Important Agricultural Lands. . 12. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The U.S. Department of Agricultures soil survey for the Island of Hawaii indicates that the subject parcel is made up of "mails series" soil. The mails series consists of well-drained silt loams that formed in volcanic ash. They are at an elevation ranging from 2,500 to 4,000 feet and receive from 60-9fl inches of rain annually. Mails soils are used for pasture and woodland. The subject parcel has both "mails silt loam, 0 to 3 percent slopes {MaA)" and "mails silt loam, 6-20 percent slopes (MLD)." 13. Land Study Bureau soil rating: The Land Study Bureau's Detailed Land Classification for the Island of Hawaii shows the subject parcel as "C160", representing "Fair" for agricultural productivity. (see Section F.37.i) 14. Flood Insurance Rate Map (FIRM) designation: The subject parcel is designated as "Zone X", reflecting it is not within a flood hazard area on the FIRM map. 15. Existing drainage ways or improvements: There are no existing drainage ways or related improvements within the subject parcel. However, there is a concrete drainage culvert that borders the southeast corner of the property. This culvert drains under Mud Lane, along the edge of the subject parcel and under Mamalahoa Highway, eventually entering the Lakeland Reservoir. 16. Air/noise/water quality: Air quality in the area of the subject parcel is generally good, with the only anthropogenic pollution sources attributable to farm equipment, wood burning stoves and/or fireplaces, occasional field burning and automobile/truck traffic on Mamalahoa Highway. Noise pollution in the x+' r~i i c ~+#-a^i Li 'P'=t~l ~ 9^\~'l 75'1 7^~ 1 i~ {-fl ~Ya"~~l ni"5 ~{:~TY1 ~ r~Ttfl~ . i .~.L,a.~. W_ _ a Highway, in particular large trucks, and to farm equipment and dirt bikes on adjacent property. The subject parcel receives between 70-100 inches of rain per year. There are no streams on the subject parcel, although there is often some standing water for a short period after very heavy rains. Historic Resources: 17. Existing archaeological, cultural or historic sites on the National Register or Hawaii Register: Most of the known archaeological, cultural or historic sites within the North and South Kohaia districts are found along the coast. There are no identified sites on the subject parcel. Natural Resources: 18. Existing floral/faunal resources: The flora of the subject parcel is dominated by exotic grasses, subject to continuous grazing for at least the last 65 years. Some low shrubs (e.g. strawberry guava, Indian fleabane, kiawe, lantana, Christmas berry, etc.) are also growing on the property. The most conspicuous trees are tall eucalyptus trees border most of the parcel and a treeline that bisects the property. There are no known native species of plants on the parcel. Fauna include a wide variety of introduced birds (e.g. mynas, doves, ring- necked pheasants, sparrows, cardinals, skylarks, etc.) and introduced mammals (mongoose, rats, pigs). The endangered Hawaiian hawks or I'o are occasionally observed flying over the Waimea and native Short-eared Owls {Pueo) may be observed in the area. i9. Scenic or coastal resources: The subject parcel and adjacent properties provide a generally rural viewplane for residents and visitors that travel along Mamalahoa Highway, but there is no scenic vista extending beyond the most northern portion of the property, largely because of the tall eucalyptus trees. T1~.r.rn ~ c +~r~ ~r iV c~t,~ ref {-h c: r~n~ ~'I' 1 1, ~"1 ca '~Y'(IYYi {'~'1l a ~ f>f":7 'F" l Yl7"1 y although the ocean can be seen from Mamalahoa Highway as it heads downslope, to the east of the property. Socio-Economic Characteristics: 20. Social settlement pattern for the area: The subject parcel is located within a largely rural/agricultural portion of Waimea. Housing in the area is mixed, ranging from a low income residential neighborhood south of Mamalahoa Highway to upscale, newer houses on 3-5 acres lots north of the Highway. A large block of largely undeveloped agricultural land is found immediately northeast of the property. 21. Economic resources of the area: The only "commercial" development in the immediate vicinity of the subject parcel is the Waimea Country Club, located due east. The remaining property in this area is used for housing and/or agriculture, principally grazing. 22. Land values: Real estate records reflect relatively few recent sales of comparable parcels. Sale prices for four similar (5 acre) parcels sold in the last two years ranged from $225,000 to $295,000. Surrounding lands: 23. Land use: Most of the land in the immediate vicinity of the subject parcel is used for agriculture (primarily cattle grazing), rural housing/agriculture (cattle, sheep, horses, truck crops) or residential housing (Lakeland subdivision). Waimea Country Club is located to the east of the subject parcel. 24. Zoning: Property to the immediate west of the subject parcel is zoned Agriculture 5 Acres (Ag5). Property to the north and east of the subject parcel is zoned Agriculture 40 acres {Ag40). Property to the south of the subject parcel includes both Agricultural 40 (south west) and a residential subdivision (Lakeland), with most lots ranging from 8,000-10,000 square feet. D. PUBLIC F'ACILI~IES AID SER~TICES 25. Description of access: Access to the subject parcel is by a paved turnoff from Mamalahoa Highway and through a metal gate. This turnoff is located near the southwestern corner of the subject parcel. Subdivision plans, to be submitted for review after rezoning, do not envision any additional access routes to the subject parcel. 26. Availability of water: Water has been supplied via a water line adjacent to the fenceline gate, in the southwestern corner of the property. A second metered water line was permitted and installed by the Board of Water Supply in 2000. The second water line is located at the southeast edge of the subject parcel. 27. Sewage disposal: There is presently no sewage disposal on the subject parcel. The subdivision plan, to be submitted for review after rezoning, will provide for two separate septic systems or cesspools. 28. Solid waste: There is presently no solid waste on the subject parcel. After rezoning and future subdivision, building waste during house construction will be hauled to a landfill or r€~~vr.l.ac~ t~~r t-h~ ~_.~ntrar.tor, Green. waste from clearin~t of vegetation will be hauled to a greenwaste site or chipped on the property. After construction, refuse collection is available to this property. 29. Police and fire protection: Police and fire protection is currently provided by facilities within the town of Waimea. No change in police and fire protection is anticipated as a result of rezoning or subdivision. 30. Schools: The subject parcel is, and would continue to be, serviced by public elementary school in Waimea and high school in the Honokaa. 31. Parks: There are no county parks in the vicinity of the subject parcel. The closest State park is at Kalopa, approximately 10 miles to the east. 32. Other utilities and services (telephone/electricity): Both telephone and electrical services are presently available to the subject parcel and the area. Hawaiian Electric has an easement for a powerline that crosses the southern portion of the subject parcel. ~ . ~~1iTIR.®Ni~AT~A,I. ~iSSES i~?~` ~I~ IaYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The proposed rezoning would enable future development of two housing units on the parcel, but would not substantively reduce the agricultural value of the parcel or the scenic attributes that characterize this largely rttr~l lart'r"i r•ttl i-tlt^~ ~t^a~ 34. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: There are several measures that would mitigate adverse impacts of the rezoning request and subsequent subdivision of the property into two parcels. Scenic values would be preserved by building in concert with the landscape, by retaining existing agricultural uses, by minimizing road development and by removing only those trees that would block the housing view plane. By avoiding construction of additional access sites off Mamalahoa Highway, impact on traffic would also be minimized. 35. Alternatives to the proposed development: Principal alternatives to the proposed rezoning include a "no action" option. Under this scenario, one housing unit (rather than two) would be permitted. Agricultural uses of undeveloped land would not change. Under the second alternative, a change to Agricultural 1 acre (A-la) or to Residential zoning could be proposed. Under this scenario, a substantially greater number of houses could be constructed, with additional impacts on scenic values and greater adverse impact on traffic, utility services, etc. 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The only irreversible commitment of resources would be the loss of agricultural land use under the portion of the area converted to housing or paved road access. AA~C~~~ g C NHS 37. Agencies Consulted: a. Department of Public Works The Solid Waste Division was contacted. Information regarding recycling of building waste and processing of green waste was obtained. b. Department of Water Supply The Department of Water Supply was contacted in September, 2000 to determine if a second water line could be installed at the site. The DW5 installed a second water meter at the southeast corner of the property, off of Mud Lane. No water line into the property has yet been installed. c. Police Lt. Watson of the Waimea Police Station was contacted in April, 2001 regarding the proposed rezoning. He indicated that the proposed rezoning would not impact Police services. d. Fire Mr. Richard Kahaia (Battalion Chief, Fire Prevention was contacted by the applicant in March, 2001. The applicant was told that no fire hydrant is required for properties greater than 1 acre. Mr. Kahaia suggested alternative methods to improve fire protection at the house site, such as a water tank with a 2.5" connection for fire trucks or conversion to a 1" primary water line from the water meter. He also recommended placement of a.20' wide road within the property to facilitate access for a fire trucks and ambulance. e. Department of Finance - Real Property Tax Division Mr. Marion Eugenio was contacted in May 2001. He informed the applicant that the subject parcel was previously dedidcated to agriculture for a 20 year period. Under new tax assessment methods, the parcel is receiving an informal agricultural assessment. Mr. Eugenio noted that each parcel must be at least 5.0 acres in order to avoid rollback taxes. Ms. Naomi Kuritani (Real Property Division) informed the applicant that taxes are current paid through June 30, 2001. f. Department of Land and Natural Resources - Historic Resources Division Mr. Mark Smith was contacted by the applicant in March, 2001. He told the applicant that there is no recorded information for the subject property and that it is very unlikely that there are any historic sites. g. Department of Transportation - Highways Division Mr. Derek Shiro was contacted by the applicant in March, 2001. Mr. Shiro told the applicant that the presence of more than one residence on the property would require reconstruction of the existing access to a commercial standard (22' wide with 6' paved shoulders). h. Department of Health Mr. Aaron Ueno was contacted by the applicant in May 2001. He indicated that installation of either a cesspool or a septic system for each 5+ acre parcel would be acceptable within this area. i. Department of Agriculture Mr. Earl Yamamoto was contacted in April 2001. He sent a letter dated May 3, 2001, providing pertinent soils information. His letter indicates that the subject parcel (Map 309) has an overall productivity rating of "c", indicating fair productivity potential for vegetables, orchards and grazing. The soil type (160) indicates a deep, well-drained, and non-stony soil that is suited to machine tilling. On the ALISH map (34), the property is approximately Sfl$ "prime" agricultural lands, with the remainder being "other important" agricultural lands. j. Community groups No community groups were contacted. c of c~aY ~ ' ^:vu~ F~ ° i ~ OOV' ~b oo t ~n c 2 ao~ y~ Qo O ~Z~ Q o ~ 11 " a W > > W . r~ ~ O J m ~ ` ~s~z oa a~ n Q~ ~ a ~ ~ c py- ~ C ~ FZ O w \ .4 ~ ~ ~ Y rr~i~_r~r-, ~oa r~rvr ~ ~ ~ -...,,u C AaC o.oa ri~• lira ra 31 y C y sum - sa.csx ~ L~ t i ~ Y I ~ a d II j ~ d~ s~ ~d, ~3 ~ o° fi'` i ~ M~ , d ~ g~~ W o c ~ ~ - W ~.r y{ U X9.1 q E z ~W~ g ~i. ^ad z o U ~i i N aa~_ S P N < ~ I ~ o O $ , ~ ~ ~ 6 vi ly ` ~ o~ G ~ ~ 2 ~u -z 0 i _ s ~ _ ~ $ \ ~~s ' ~ d~~ 6~ E ~y F~ -41 } € 66 n a 3g F a a ~ ~ a ~ a \ ~ ~ Ss x 2 y N ° I v Shallenberger 68-1796 Puu Tvui St. Waikoloa, HI 96738 `J Christopher Yuen Planning Director of Human Resources Re: Special Permit Application Rezoning TMK-46-30-15 Response to issues not included in the original application packet: VALUED CULTURAL RESOURCES: Hawaiian gathering rights have not been practiced on the subject property since we have owned it. We are not aware of any of these rights being exercised in the past. PUBLIC ACCESS TO THE OCEAN AND MOUNTAINS: The location of the property is in the central plain of Kamuela. This location precludes use as an access to any ocean or mountain resources. COASTAL ZONE MANAGEMENT: Regarding Hawaii Revised Statutes Chapter 205 A Potential recreational resources such as access along the shoreline, scenic and open space resources, coastal view plane and coastal ecosystems will not be impacted by rezoning of the subject property. rt J. Shallenberger ~ / ~ f r~---~ ~ Annabelle M. Shallenberger