HomeMy WebLinkAboutCOM 0412.000 2000-2002 ;t€arr Kim '',,4Y''~•,,
Y Dizie Kaetsee
~°S'Or .§~anagiu~Director
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a~ Depur,~trgi~tgt`jirectar
25 Aupuni Street, Room 2i5 • Hilo, Hawaii 96720-4252 (808) 961-8211 • Fax (8080 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663
October 30, 2001
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 01-006)
Request: Agricultural to Rural
Change of Zone Application (REZ 01-013)
Request: Agricultural (A-Sa) to Residential & Agricultural (RA-2a)
Applicant: 1=Ienry Clinton & Sandie 1-I. Williams
Tax Man Kev: 6-2-11:15
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced requests.
Sincerely,
`~~`®I%1~ tCtIFTSU
A~`~idl~ Mayor
L 100501 MAY
Enclosures
cc: Planning Department COmm• Flo.
,~~tl Os y
Harty Kim cP,. ~
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PLANNING C®ISSION
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 01-006)
Request: Agricultural to Rural
Change of Zone Application (REZ 01-013)
Request: Agricultural (A-Sa) to Residential & Agricultural (RA-2a)
Applicant: Henry Clinton 8i Sandie H. Williams
Tax Map Kev: 6-2-11:15
The Planning Commission, after a duly held public hearing on October 5, 2001, voted to
recommend for your approval the proposed legislative bills to change of State Land Use district
from Agricultural to Rural and to change the district classification from Agricultural (A-Sa) to
Residential and Agricultural (RA-2a) for approximately 5.453 acres of land at Anekona Estates
Subdivision bordered by Kanehoa Street and Keanuiomano Stream, approximately 3/8ths of a
mile south from the Kawaihae Road, Ouli, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the State Land Use Boundary Amendment and Change of Zone:
State L.~D~d Use l~®un A enen 1<nent
The applicants are requesting a State Land Use District Boundary Amendment
from an Agricultural to a Rural district for approximately 5.453 acres of land. The
applicants propose to subdivide the property into two lots in order to eliminate the present
Condominium Property Regime (CPR) ownership. There are two existing dwellings on
the property, one was constructed in 1994 and the ohana dwelling, in 1995. The proposed
lots will consist of 2.10 acres and 3.353 acres, with one existing dwelling on each of the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
lots. There is also a request for a Change of Zone from anAgricultural-5 acres (A-Sa) to
a Residential and Agricultural-2 acres (RA-2a) zoned district that is concurrently being
processed for the property.
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, Chapter 28 of
the Hawaii County Code, Rule 13 of the Planning Commission Rules of Practice and
Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii
Land Use Commission Rules, the following three standards shall apply when determining
an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with the low-density residential lots; and
(3) It may also include parcels of land which are surrounded by, or contiguous to this
district, and are not suited to low-density residential uses for small farm or
agricultural uses.
The property was previously utilized for cattle grazing. Currently, it contains two
dwellings and landscaping improvements. To the north and further east of the property
are parcels that received County Council approval in 2000, and 1998 and 2001,
respectively, for similar State Land Use Rural District and County RA-2a zoning
classification. Lands adjacent to the property include other 5-acre parcels within the State
Agricultural District and zoned A-Sa by the County. These lands include residential uses
and vacant lands. Surrounding lands are located within the State's Agricultural and Rural
Districts, and in the County's Agricultural-5 acres (A-Sa) and Residential and
Agricultural-2 acres (RA-2a) zoned districts. The Kanehoa Subdivision, consisting of 26
lots, is located immediately to the east of Anekona Estates Subdivision; the Kamuela
Plantations Subdivision, consisting of 10 lots, is located further to the east; and the
Waimea Landmark Estates Subdivision, consisting of 261ots, is located to the northwest
across the Kawaihae Road. These subdivisions include mixed residential uses, vacant
lands, and very few residential/agricultural uses. It is pointed out that there are
approximately 281ots that are encumbered with Condominium Property Regime within
the Anekona and Kanehoa Subdivisions.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
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-la and the developer proposes a 49-lot subdivision, with lots minimum
two acres in size.
From 1998 to present, the County Council approved similar requests for a State
Land Use Boundary Amendment from an Agricultural to Rural District and a Change of
Zone from A-Sato RA-2a for nine parcels in the Anekona Estates Subdivision. Land use
changes were also approved for three parcels in the Kanehoa Subdivision. Of those
5±-acre parcels, seven parcels have secured Final Subdivision Approval, and three parcels
have been granted Tentative Subdivision Approval. In October 1996, the County Council
also approved the reclassification of two 5-acre parcels within the Kamuela Plantations
Subdivision to State Land Use Rural District.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
Permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All agricultural related uses
permitted under section 15-15-25 relating to agricultural uses; (2) Low-density
residential lots of not more than one dwelling house per one-half acre, except as provided
by County ordinance pursuant to Section 46-4(c), HRS. The commission for good cause
may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an
equivalent residential density, provided all other lots in the subdivision have the
minimum lot size of one-half acre. A petition for variance may be processed under the
special permit procedure pursuant to subchapter 12. This exception shall apply to lots of
record existing prior to January 1, 1977, and of not more than two acres. There shall be
no more than one single-family dwelling per one-half acre, except as may be provided for
in this section."
The proposed boundary amendment is for similar residential-agricultural uses that
are compatible to the Rural designation. The applicants have stated that the 5.453 acres
will be subdivided into two residential/agricultural lots, each with minimum two acres in
size. Thus, the requested boundary amendment would be in the direction of fulfilling the
permissible uses of the rural designation.
The proposed Rural boundary amendment request would be consistent with the
Land Use Element of the General Plan. Land use is one of the principal focal points of
public concern and policy. The Land Use Element provides the primary basis for direct
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
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 USE and ~GRiCj TLTLTRF
• 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 aural- 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:
HOUS~G
• Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
• Attain adiversity 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.
SINC.'~.,~-FA~~~,Y RESIDEVIAL
• 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 ofsocio-economic housing mix and to permit aesthetic balance
between single-family residential structures and open spaces.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
• 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 and Kanehoa Subdivisions, 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 from Kawaihae Road to the property is via
Anekona Street or Kanehoa Street. The Kawaihae Road has a 60-footright-of--way with
approximately 20 feet wide pavement and under the State's jurisdiction. The property is
located on the south side and along Kanehoa Street. Both privately-owned Anekona
Street and Kanehoa Street roadways have aright-of--way width of 50 feet with a 20-foot
and 8-inches wide agricultural standard pavement, asphalt paving and grass/gravel
shoulders. There are two existing access driveways on the property, each serving a
separate dwelling. It should be pointed out that Kanehoa Street is a connector road into
the adjacent Kanehoa Subdivision. Water is provided by a 6-inch County water line
which fronts the property. The Department of Water Supply states that there are
presently two 5/8-inch meters on the property, and has no objections for the ultimate
two-lot subdivision. Similar to other parcels in the subdivision, the property is situated
within the Critical Wastewater Disposal Area. 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 nearest Police, Fire and emergency
facilities are located in Waimea, approximately 7 miles east of the property.
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,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
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, there would be
one dwelling on each lot, since both homes are already constructed. Although, the
Planning Director supports this rezoning request to 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, it is recommended that a condition be included in the change of
zone to prohibit a second dwelling unit on each lot.
The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. Although an approximate
70-foot wide drainage easement runs along the rear boundary, within Keanuiomano
Stream, the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
designates the property as Zone X, areas determined to be outside of the 500-year flood
plain.
While the property is within the State Land Use Agricultural and County's
Agricultural - Sa zoned districts, it is not currently being used for active agricultural
purposes. The property was created on October 23, 1990 as one of the origina136 lots of
the Anekona Estates Subdivision. As previously stated, there are two existing dwellings
on the property, one near the front portion and the other toward the rear portion of the
parcel. The property was previously utilized for cattle grazing and currently not used for
any active agricultural activities. 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 some
agricultural activities to be conducted upon these types of soils.
Because the property and surrounding area have been previously grazed by cattle
and extensively altered with agriculturaUurban development, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the
property, nor has the area been identified as a significant botanical or biological habitat.
Further, the applicants are not aware of any valued cultural, historical or native resources
nor any traditional and customary native Hawaiian rights been practiced in the area.
Thus, 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
complement the existing and future residential-agricultural land use pattern of the
surrounding properties.
Finally, it should be noted that the reclassification action would also conform to
the following goals, objectives and/or policies articulated in the Hawaii State Plan
relating to Socio-cultural advancement -Housing objectives and policies:
(a) Planning for the State's socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily accommodate the needs and desires of families and
individuals.
(2) The orderly development of residential areas sensitive to community needs
and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(5) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and
other concerns of existing communities and surrounding areas.
(6) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Eased on the above, the approval of the State Land Use Boundary Amendment to the
Rural District complements the State Land Use Regulations and is supportive of the State of
Hawaii Plan and the County of Hawaii General Plan.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
Claange~f Zone
The applicants are requesting a Change of Zone from an Agricultural-5 acres
(A-Sa) to a Residential and Agricultural-2 acres (RA-2a) zoned district for approximately
5.453 acres of land. The applicants propose to subdivide the property into two lots in
order to eliminate the present Condominium Property Regime (CPR) ownership. There
are two existing dwellings on the property, one was constructed in 1994 and the ohana
dwelling, in 1995. The proposed lots will consist of 2.10 acres and 3.353 acres, with one
existing dwelling on each of the lots. There is also a request for a State Land Use District
Boundary Amendment from an Agricultural to a Rural district that is concurrently being
processed for the property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and
Agricultural-2 acres (RA-2a) zoned district will conform to the following goals, policies
and standards of the General Plan Land Use Elements. Land use is one of the principal
focal points of public concern and policy. The Land Use Element provides the primary
basis for direct control and guidance of publicly and privately owned resources. It is also
intended to be used as a policy guide for the coordinated growth and development of all
sectors of the County. It sets forth goals, policies, standards and courses of action to
accommodate growth without congestion, to designate and preserve the lands needed for
residential use, commercial and visitor services, industry, agriculture and open space, and
to coordinate these uses with the County's service and circulation systems. The overall
Land Use and Agriculture goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. These state the
following:
LAND USE AGRICiJL'~C~TI~F.
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
1-Ionorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
• 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 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:
I~QUSING
• Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
• Attain a diversity of socio-economic housing mix throughout the different parts of
the County.
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
STNGLE_F~ ILI' )IDENTIAL
• To maximize choices ofsingle-family residential lots and/or housing for residents
of the County.
• To ensure compatible uses within and adjacent to single-family residential zoned
areas.
• To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
• The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The subject area is designated
Extensive Agricultural. The Anekona Estates Subdivision as well as the adjacent
subdivisions is a mixture of residences and limited agricultural activities. With a
minimum lot size of two acres, the requested change of zone will still provide for an
adequate parcel size that could support some agricultural activities at a smaller scale. It
should be noted that the County is currently conducting a comprehensive review update
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 12
to the General Plan. One of the proposed amendments to the LUPAG Map is to change
the designation for certain areas, including the Anekona Estates Subdivision, on both
sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is
currently residentiaUagricultural in character. Further, the County Council has approved
land use reclassifications in the Anekona and Kanehoa Subdivisions to State Land Use
Rural district and Residential-Agricultural zoning. Therefore, it is determined that the
request is consistent with the rural low-density development land use depicted on the
LUPAG Map for this area of South Kohala.
The property and surrounding areas were previously zoned Unplanned from the
date of adoption of the Zoning Code in 1967. The Unplanned district applied to areas
where no sufficient studies were conducted to adopt specific district classification. The
Unplanned district permitted uses relating to agriculture. With the adoption of the
revised Zoning Code on December 7, 1996, all Unplanned zoned districts were
reclassified to Agricultural-5 acres (A-Sa). Therefore, the property is presently zoned
A-5 a.
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, there would be
one dwelling on each lot, since both homes are already constructed. Although, the
Planning Director supports this rezoning request to 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, it is recommended that a condition be included to prohibit a second
dwelling unit on each lot.
The property was previously utilized for cattle grazing. Currently, it contains two
existing dwellings and landscaping improvements. To the north and further east of the
property are parcels that received County Council approval in 2000, and 1998 and 2001,
respectively, for similar State Land Use Rural District and County RA-2a zoning
classification. Lands adjacent to the property include other 5-acre parcels within the State
Agricultural District and zoned A-Sa by the County. These lands include residential uses
and vacant lands. Surrounding lands are located within the State's Agricultural and Rural
Districts, and in the County's Agricultural-5 acres (A-Sa) and Residential and
Agricultural-2 acres (RA-2a) zoned districts. The Kanehoa Subdivision, consisting of 26
lots, is located immediately to the east of Anekona Estates Subdivision; the Kamuela
Plantations Subdivision, consisting of 10 lots, is located further to the east; and the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 13
Waimea Landmark Estates Subdivision, consisting of 261ots, is located to the northwest
across the Kawaihae Road. These subdivisions include mixed residential uses, vacant
lands, and very few residentiaUagricultural uses. It is pointed out that 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-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 nine parcels in the Anekona Estates Subdivision. Land use
changes were also approved for three parcels in the Kanehoa Subdivision. Of those
5+-acre parcels, seven parcels have secured Final Subdivision Approval, and three parcels
have been granted Tentative Subdivision Approval. In October 1996, the County Council
also approved the reclassification of two 5-acre parcels within the Kamuela Plantations
Subdivision to State Land Use Rural District. Therefore, a favorable recommendation of
this change of zone request wili be consistent with the emerging land use pattern being
established within this portion of South Kohala.
The property was created on October 23, 1990, as one of the original 361ots of the
Anekona Estates Subdivision. There are two existing dwellings on the property that were
constructed in 1994 and 1995. One dwelling. is located near the front portion and the
other toward the rear portion of the parcel. The property was previously utilized for cattle
grazing and currently not used for any active agricultural activities. Although an
approximate 70-foot wide drainage easement runs along the rear boundary, within
Keanuiomano Stream, 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. The property is designated 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 some
agricultural activities to be conducted upon these types of soils.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 14
All utilities and services are available to the site. Access from Kawaihae Road to
the property is via Anekona Street or Kanehoa Street. The Kawaihae Road has a 60-foot
right-of--way with approximately 20 feet wide pavement and under the State's
jurisdiction. The property is located on the south side and along Kanehoa Street. Both
privately-owned Anekona Street and Kanehoa Street roadways have aright-of--way width
of 50 feet with a 20-foot and 8-inches wide agricultural standard pavement, asphalt
paving and grass/gravel shoulders. There are two existing access driveways on the
property, each serving an existing dwelling. It should be pointed out that Kanehoa Street
is a connector road into the adjacent Kanehoa Subdivision. Similar land use changes may
occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa
Subdivision that would create additional homesites placing additional traffic burden on
Kawaihae Road. Therefore, a condition of approval has been included to ensure that the
roadway improvements be planned for either through a Federal transportation program or
through the fair share contribution.
Water is provided by a 6-inch County water line that fronts the property. The
Department of Water Supply states that there are presently two 5/8-inch meters on the
property, and has no objections for the ultimate 2-lot subdivision. Similar to other
parcels in the subdivision, the property is situated within the Critical Wastewater
Disposal Area. 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 nearest Police, Fire and emergency facilities are located in Waimea,
approximately 7 miles east of the property. All other essential utilities and services are
available to support the proposed request.
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
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 been practiced in the
area. Thus, it is also not anticipated that the proposed request will have any adverse
impact on cultural or historical resources in the area.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 15
Based on the above findings, approval of the Change of Zone request from
Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district
would result in an appropriate land use pattern that will further benefit the public.
For your favorable consideration, amendments to the SLU Boundaries Map H-14 and
Section 25-8-7, the North and South Kohala Districts Zone Map, of the County Zoning Code are
transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely,
_ f
Geraldine M. Giffin, Chairman
Planning Commission
Lwilliams02pc
Enclosures
cc: Mr. Gregory Mooers
Henry Clinton and Sandie H. Williams
Department of Public Works
Department of Water Supply
Planning Department -Kona
Department of Land & Natural Resources
Brian Minaai, Director/DOT-Highways, Honolulu
BWilliams0l agk-09/28/01
COUNTY I3AVVAII PLANNING I)EPAIZTIVIENT
~ACI~GR®UND REPORT
IiENI2Y CI,INTON ~ SAN])IE II. WILLIAMS,
DRIAN T. I~ERLEY MANAGEMENT TRUST, AND
16VIARSIIA L. I~ERLEY TRUSTEE
STATE LAND USE DOUNDAIIY AMENDMENT APPLICATION (SLU 01-006)
CIIANGE OF ZONE APPLICATION (REZ 01-013)
IIENI2Y CLINTON ~i SANDIE II. WILLIAMS, BRIAN T. I~RLEY
MANAGEMENT TRUST, AND MARSIIA L. I~ERLEY TRUSTEE have submitted
applications for a State Land Use Boundary Amendment from an Agricultural to Rural District
and a Change of Zone by changing the district classification from Agricultural (A-Sa) to
Residential and Agricultural (R.A-2a) for approximately 5.453 acres of land. The property is
located in Anekona Estates Subdivision bordered by Kanehoa Street and Keanuiomano Stream,
approximately 3/8ths of a mile south from the Kawaihae Road, Ouli, South Kohala, Hawaii,
TMK: 6-2-11:15.
GENERAL INFORMATION
1. Laaad Ownership: Henry Clinton & Sandie H. Williams, Brian T. Kerley Management
Trust, and Marsha L. Kerley Trustee are the owners of the subject property. All
landowners have signed the application forms for the subject requests.
PROPOSED DEVELOPMENT
2. Request: The applicants are requesting a State Land Use District Boundary Amendment
from Agricultural to Rural district and a Change of Zone from Agricultural-5 acres (A-Sa)
to Residential and Agricultural-2 acres (RA-2a) zoned district for approximately 5.453
acres of land. The applicants propose to subdivide the property into two lots in order to
eliminate the present Condominium Property Regime (CPR) ownership. There are two
existing dwellings on the property, one was constructed in 1994 and the ohana dwelling,
in 1995. The proposed lots will consist of 2.10 acres and 3.353 acres, with one existing
dwelling on each of the lots.
3. Supportive Information: The applicants have submitted the following in support of the
request: (See Exhibit A -State Land Use Boundary Amendment a~xd +Cha~age ®f
Zone Applacations and August 13, 2001 Letter)
STATE AND COUNTY PLANS
State Land Use District: Agricultural.
5. I3awaii State Plan Consistency: Socio-Cultural Advancement (Housing) objectives and
policies.
6. General Plan Consistency: Goals, policies and courses of action of the Land Use,
Agriculture, Residential, and Housing Elements for South Kohala.
7. General Plan Land Use Pattern Allocation Guide (LUPAG)1VIap: The area of the
property is designated as Extensive Agricultural, which allows uses for pasturage and
range lands. It should be noted that the County is currently conducting a comprehensive
review update to the General Plan. One of the proposed amendments to the LUPAG Map
is to change the designation for certain areas, including the Anekona Estates and Kanehoa
Subdivisions, 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.
8. County Zoning: The property and surrounding areas were previously zoned Unplanned
from the date of adoption of the Zoning Code in 1967. The Unplanned district applied to
areas where no sufficient studies were conducted to adopt specific district classification.
The Unplanned district permitted uses relating to agriculture. With the adoption of the
revised Zoning Code on December 7, 1996, all Unplanned zoned districts were
reclassified to Agricultural-5 acres (A-Sa). Therefore, the property is presently zoned
A-Sa.
9. Chapter 205A, l-lawaii Revised Statutes, Coastal Zone 1l~Ianageinent Program: The
property is not situated within the Special Management Area of the County of Hawaii. It
is located approximately six miles east from the nearest coastline.
10. Ghana Dwellings: Ghana dwellings can be applied for with the new proposed State
Land Use Rural District and Residential and Agricultural (RA-2a) district zoning.
-2-
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
11. Pr®perty: The property was created on October 23, 1990 as one of the origina1361ots of
the Anekona Estates Subdivision. It is generally rectangular in shape and has a total area
of 5.153 acres. An approximate 70-foot wide drainage easement runs along the rear
boundary, within Keanuiomano Stream. There are two existing dwellings on the
property, one near the front portion and the other toward the rear portion of the parcel.
The property was previously utilized for cattle grazing and currently is not used for any
agricultural activities.
12. Adjacent Land Uses: To the north and further east of the property are parcels that
received County Council approval in 2000, and 1998 and 2001, respectively, for similar
State Land Use Rural District and County RA-2a zoning classification. Lands adjacent to
the property include other 5-acre parcels within the State Agricultural District and zoned
A-Sa by the County. These lands include residential uses and vacant lands.
13. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's
Agricultural and Rural Districts, and in the County's Agricultural-5 acres (A-Sa) and
Residential and Agricultural-2 acres (RA-2a) zoned districts. The Kanehoa Subdivision,
consisting of 26 lots, is located immediately to the east of Anekona Estates Subdivision;
the Kamuela Plantations Subdivision, consisting of l O lots, is located further to the east;
and the Waimea Landmark Estates Subdivision, consisting of 261ots, is located to the
northwest across the Kawaihae Road. These subdivisions include mixed residential uses,
vacant lands, and very few residentiaUagricultural uses. It is pointed out that 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 X10-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-1 a and the developer proposes a 49-lot
subdivision, with lots minimum two acres in size.
-3-
14. 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. Land use changes were also approved for three parcels in the
Kanehoa Subdivision. Of those 5+-acre parcels, seven parcels have secured Final
Subdivision Approval, and three parcels have been granted Tentative Subdivision
Approval. In October 1996, the County Council also approved the reclassification of two
5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural
District. (See Exhibit 13 -Tax Key Maps)
15. Agricultural Lands of Importance to the State of Ilawaii (ALISgI) System: The
property and surrounding area are "Unclassified" on the ALISIi Map.
16. Land Study Dureau's Detailed Land Ciassiflcation System: Soils within the property
and surrounding area are classified as "E" or Very Poor.
17. 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.
18. FIRM: The property is located within Zone X, area determined to be outside the 500-
year flood plain. As previously stated, an approximate 70-foot wide drainage easement
runs along the rear boundary, within Keanuiomano Stream.
19. Flora/Fauna Resources: According to the applicants' environmental report, the
property has been developed with two dwellings and landscaped. Similar findings within
the subdivision and surrounding area reveal no native fauna was observed on the site.
Common animal species in the area include field mice and mongoose. There is no known
or recorded rare or endangered animal or plant life in the area.
20. Archaeological Resources: According to the applicants' environmental report, the
property was previously grazed by cattle and extensively graded for development.
-4-
Similar findings within the subdivision and surrounding area reveal 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 and
Natural Resources-Historic Preservation Division should any archaeological sites be
encountered during the course of development.
21. Cultaaral ®r Native Gathering Ilights: According to the applicants, there are no valued
cultural, historical or native resources nor have any traditional and customary native
Hawaiian rights been practiced in the area.
PUELIC UTILITIES AND SERVICES
22. I2oadevay: Access from Kawaihae Road to the property is via Anekona Street or
Kanehoa Street. The Kawaihae Road has a 60-footright-of--way with approximately 20
feet wide pavement and under the State's jurisdiction. The property is located on the
south side and along Kanehoa Street. Both privately-owned Anekona Street and Kanehoa
Street roadways have aright-of--way width of 50 feet with a 20-foot and 8-inches wide
agricultural standard pavement, asphalt paving and grass/gravel shoulders. There are two
existing access driveways on the property, each serving a separate dwelling. It should be
pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa
Subdivision.
23. Water: Water is provided by an existing 6-inch water line that fronts the property. The
Department of Water Supply states that there are presently two 5/8-inch meters on the
property, and has no objections for the ultimate two-lot subdivision.
24. Wastewater: There is no municipal sewer system in the area. Similar to other parcels in
the subdivision, the property is situated within a Critical Wastewater Disposal Area.
Therefore, the applicants would be required to dispose wastewater into a septic tank
system.
25. Utilities: Underground electrical and telephone services are available to the property.
26. Police, Fire and Emergency Services: The nearest Police, Fire and emergency 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.
-5-
27. 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.
AGEIOTCIES' C®1lVIll~IENTS
28. Department of Public Works (September 21, 2001 Ndemo):
"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 access road fronting the subject property is private.
4. Portions of the project area are within the Keanuiomanu Stream drainage
easement; identify the easement boundaries on the plans."
29. Department of Water Snppiy (August 27, 2001 lO~Iemo):
"We have reviewed the subject application for the proposed State Land Use Boundary
Amendment and Change of Zone and have the following comment and condition.
"Inasmuch as the subject parcel has two 1-inch service laterals, both of which have a
5/8-inch meter, we have no objections to this application for an ultimate two-lot
subdivision. However, each of the meters shall front the proposed parcel they are to
serve."
30. Polace Department (September 11, 2001 1Vlemo):
"Staff has reviewed tl,e above-referenced proposal and found that there are no concerns
regarding the proposed zone change of this property from Agricultural 5-acre to
Residential Agricultural 2-acre."
31. Fire Department (Septernher 20, 2001 1dlemo):
"We have no comments regarding the above-referenced State Land Use Boundary
Amendment and Change of Zone Application."
-6-
32. Land Use Coinariission: (See Exhibit C - September 7, 2001 Letter and Applicant's
Response - Septergaber 24, 2001 Letter)
AGENCIES - NO RESPONSE
33. Department of Finance -Real Property Tax, Department of Environmental
ldlanage8nent, Department of Land and Natural Resources - Ilistoric Preservation
Divisi®n, and Land Division, Department, of health, Department of Transportation,
Department of Agriculture, and Natural Resource Soil Conservation Service, and
Waimea Community Association
ORGANIZATIONS' CO1VIlVIENTS
34. South I~olaala Traffic Safety Committee (September 5, 2001 Letter):
"We have reviewed the subject application (State Land Use Boundary Amendment
Application - SLU 01-006) and have no objections.
"Thank you for the opportunity to comment."
PUBLiC CO 1~TTS
35. The Department has not received any written comments or objections from the general
public or adjacent landowners on the subject applications.
1VI®®~~S ~6~°t`~~~I~~S, ,~,LeC
~.0. fox 1 1®1
KAldlL9~L.,AA, ~-dAM4/All 96743
S~`ATE LAl®TD USE ~OUl~DA.laY AIVIEl®tD1VIEI~`I` ~
~~ricultural to Dural
CI~Al®1GE O~ ZONE AI'PLIC~°I"IOleT
t~~ricultural ~-acre, Previously Unplanned
to esideutial Agricultural 2-acre
®w~ers and ~.pplicants
~Ienry Clinton ~illias and Sandie ~I. ~VilliaYns
Arian Kerley ana~einent °I'rust, Marsha L. Kerley ~`rustee
~'1VII~: (3) 6®~-11:15
Lot 15 Anel~ona Lst~tes Sulbdivision
Ouli, South I~ohala, Island of I~awaii, I~awaii
Submi4ted by:
Mooers Enterpa-ises, LLC
July 2001
PHONE: (808) 885-6839 { ~
EAx: (808) 835-1574
EMAIL: GMOOERSC~ATTGLOBAL.NET
COUNTY OF` HAGJAII PLANKING DEPARTMENT
APPLICATION FOR STATE LAND USE HOUNDARY AMENDMENT
(15 ACRES OR LESS)
Marsha L. Kerley Trustee
APPLICANT:Henrv Clinton and San H Williams, Brian T. Kerley Mangement T
APPLICANT' S SIGNATURE , /L._~~(,~'b..-~,C_.~-~ ~'V~~,,,(,c~-„L`~.C,S~~.~~
MAILING ADDRESS: P.0. Box 1924
Kamuela, Hawaii 96743
TELEPHONE: (BUS) 885-6044 (Williams) (g-~py~gE)882-1324 (Williams)
LANDOWNER: Marsha L. Kerley Trustee
ement
LANDOWNER'S SIGNATURE•
TAX MAP KEY: 6-2-11:15
LAND AREA: 5.453 acres
CURRENT STATE LAND USE DISTRICT CLASSIB°ICATION: AQricultural,~,
REQUESTED STATE LAND USE DISTRICT CLASSIEICATION:Rural
THE APPLICANT SHALL SUHA4IT THE FOLLOIrdING:
A. Non-refundable filing and processing fee of two hundred dollars.
H. Original and fifteen copies of:
1. Application fors.
2. Location map.
3. Preliminary site plan, drawn to scale, with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written description of
the property and proposed development, including but not
limited to:
a. The extent to which the proposed reclassification
conforms to the applicable goals, policies, standards,
and courses of action of the General Plan and
implementing ordinances, plans and documents; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. R minimuan 2-foot by 3-foot presentation map requested under 8.3,
above.
0400q
PD 2/26/87
_
CI-IAI®TG~ O~ ~Ol~~ AI'PI,ICA~IOI~
C~~T1~1TY O~ ~IAWAII
PL.ANl\TII®TG I)~I'AI~T1VIEleT°I`
(Type or legibly print the requested information)
Marsha L. Kerley Trustee
APPLICANT:Henry Clinton and_ Sandi H. Williams, Brian T. Kerley Management
~a •'W~ _ ~ ~ rus
APPLICANT'S SIGNATURE ~ DATE: 7 / 3 0 / 01
ADDRESS : _ P . 0 . Box 19 2 4
Ramuela. Hawaii 96743
LIST APPLICANT'S INTEREST IF NOT OWNER: Owner s
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PIIONE: (Bus.) ~ 8 5 - 6 ~ 4 4 (lies. )~2~.1,,._~~4 (Fax)
Marsha L. Kerley Trustee
LANDOWNER(S) r ~ M a n a g e m e n t
~ ~ ~ Trust
LANDOWNER SIGNATURE( - - ' ~ DATE: 7 / 30 / 0~
( P . 0 . Box (~lay2
~ by tatter)
LANDOWNER S) ADDRESS: 9 Kamuela, Hawaii 96743
REQUEST:A~ricultural 5-acres (A°5a)1'Q Residential Agricultural 2-acres (RA-2a
(Existing zoning) (Proposed Zoning)
TAX 1VIAP KEY:,;,a"6.= 2 -1 1:15
STREET ADDRESS OF PROPERTY: u t I S A n e k o u a E s t a Z Qes_ S toh r~ ; V; G; o n
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.4 5 3 acre s
AGENT: Gregory R. Mooers
ADDRESS: tilooers Enterprises
P.O. Box 1101
Kamuela, Hawaii 96743
TELEPI-IONE:(Bus.) 885-6839 (ReS,) 885-7126 (Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Mooers COPIES ; W i 11 i s m s
(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
If please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 5.4 53 a c r es
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? I mm e d i a t e l y
d. Do you intend to build houses on the newly created lots? A l r e a d y b u i l t
If des, please answer the following questions:
On how many of those lots? 2
At what approximate price range? House D NA
Lot DNA
Total DNA
Approximately how long, after approval of the subdivision,
would the firs t house be available for occupancy? A l r e a d y b u i l t
If you intend to subdivide, please submit a preliminary schematic
.subdivision plan together with your change of zone application
form.
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
c. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
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? N o
How?
There are presently homes on each of the proposed lots.
The applicants are not proposing any additional development
as a result of the proposed change of zone. The applicants
simply want to convert the existing CPR to a subdivision.
4. Are there any buildings on the subject area? Y e s
If so, what kind?
There are two single-family homes on the subject property,
one on each of the two proposed lots.
What do you intend to do with those buildings if your request is
approved?
They will remain as single-family dwellings.
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.
The applicants intend to subdivide the subject property
to eliminate the present CPR ownership.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements?
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
c. Sewer X
d. Drainage X
-3-
Yes No
e. Police Protection X
f. Fire Protection X
g. Recreational Facilities X
h. Public Utilities X
i. Other
For those checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
~
Signature: _ ~~~~..o n-
Address• P•0. Box 1924 Kamuela, Hawaii 96743
Telephone: 882°1324
Date: July 30, 2001
-4-
STATE LAND USE DESIGNATION RECLASSIFICATION FROM
AGRICULTURAL TO RURAL
CHANGE OF ZONE REQUEST RECLASSIFICATION FROM
AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO
RESIDENTIAL-AGRICULTURAL 2-ACHES
PETITIONERS: I3ENRY CLINTON AND SANDIE II. d~VILLIAMS
DRIAN T.I~ERLEY MANAGEMENT TRUST,
MARSHA L. I~ERLEY TRUSTEE
TAX MAP I~EY (3) 6-2-11:15
Lot 15 Anekona Estates
Dein~ a P®rtion of R.P. 223?, L.C. Aw. X51 ~-R, Ap. 1 to
James Y®un~ ~anehoa at
OuDi, South I£ohala, Island of Ilawaii, Ilawaii
We are requesting a reclassification of the subject property from the State Land Use
Agricultural District to the Rural District and a Change of Zone from the Agricultural
five-acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural
two-acre (RA-2a) zone. The subject property (5.453 acres) is located in the Anekona
Estates Subdivision on the south side of Kawaihae Road approximately across from the
64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:15
GENERAL Il®1FOR1dIATION
1. The subject property is a two-unit Condominium Property Regime (CPR). Henry
Clinton Williams and wife Sandie H. Williams own one unit, and Brian T. Kerley
Management Trust, Marsha L. Kerley Trustee, is the fee owner of the other unit.
Together they are the owners and applicants.
PI20POSED DEVELOPMEN`I`
2. The applicants are proposing to create a two lot subdivision creating a 2.100 acre
parcel and a 3.353 acre parcel between Kanehoa Drive and the Keanuiomano Stream.
Please see the rezoning exhibit.
3. The existing lot presently has two access points off of Kanehoa Drive that will
accommodate the two proposed lots. See accompanying rezoning exhibit map and
site photographs.
1
4. The lot is presently fully developed with two single-family homes, one located on
each of the proposed new lots.
5. Electrical, telephone and cable television service are provided0 to both lots through
the underground utility system of the Anekona Estates subdivision.
6. The applicants intend to extinguish the CPR once the lot has been subdivided using
the proposed zoning.
APPLICANT'S STATEMENT
7. In support of this application, the applicants have submitted the following: (See
attached statement.)
STATE AND COUNTY PLANNING.
8. The present State Land Use district designation is Agricultural.
9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the
property as Extensive Agriculture. This is described as land appropriate for pasturage
and range. The proposed new General Plan Land Use Pattern Allocation Guide map
for this area shows the property as Rural, recognizing the present uses and the many
boundary amendments previously processed in this subdivision.
10. The property is located within the County's Agricultural 5-acre zone, previously
known as Unplanned.
11. Hawaii Revised Statutes, Chapter 205A -Coastal Zone Management Act: The
property is not located within the Special Management Area of the County of I-Iawaii.
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.
2
DESCRIPTION OF TIDE PROPERTY AND SURROUNDING AREA
12. The property is a 5.453 acre parcel located on the south side of Kanehoa Drive
approximately 3/8`~ of a mile south of Kawaihae Road.
13. The site presently is fully developed with two single-family homes and extensive
landscaping. Since the site had also been previously grazed by cattle and extensively
graded for development, it is expected that no archaeological features exist on the
property or that it provides a habitat for endangered plants or animal species. See site
photographs in the Exhibits.
14. There is no evidence of historical or cultural features on the parcel, nor did the
records in the Planning Department disclose any significant findings attributable to
the subject property.
15. Customary Native Hawaiian Rights: No valued cultural, historical or natural resources
exist on the subject property and no gathering is taking place. To the extent to which
traditional and customary native Hawaiian rights are exercised, the proposed action
will not affect traditional Hawaiian rights, therefore no action is necessary to protect
those rights.
16. 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.
17. The topography of the site is fairly level with slopes less than 10%.
18. The average annual rainfall is 20 - 35 inches.
19. 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 to 20
slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea,
3
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.
20. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH)
classification system, the property is not classified.
21. The Land Study flureau Overall Productivity for this area is "E", Very Poor.
22. 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.
23. Adjacent and nearby parcels (6-2-11:22, O5, 06, 11, 18, 27, 28) are in the State's
Rural District and is zoned RA-2a by the County. The surrounding properties are
located in the State's Agricultural District and in the County's Agricultural 5-acre and
1-acre zones. Kamuela Plantations, (A-Sa), is north of the Anekona subdivision and
Kanehoa subdivision, (A-Sa), is immediately east. The Ouli subdivision, (A-la),
located to the west of the site is undeveloped at this time.
24. There is a small State Urban district area located below the site that supports a 30-unit
affordable housing project, Ouli Ekahi. There is also a 20-unit self-help project being
developed at Ouli.
25. The uses of the property in the immediate area are rural/residential in character with
minimal agricultural activities.
26. Thirty of the lots, including this one, within the Kanehoa and Anekona subdivisions
have dual ownership through the Condominium Property Regime (CPR) process. In
addition other lots have added residential units through the ohana process. Ten
parcels have re-districted and re-zoned in the manner the applicants are proposing.
4
PUBLIC FACILITIES AND UTILITIES
27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of
asphalt paving and grass swales.
28. The site is serviced by Department of Water Supply water and the applicants have two
water meters at the present time. One meter serves each of the proposed lots.
29. Electrical, telephone and cable service are provided to the project site via the
underground utility service of the Anekona Estates subdivision.
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'
individual wastewater treatment systems were reviewed and approved by the State
Department of Health at the time they developed their homes.
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. I'~apuna 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.
5
APPLICANTS' STATEMENT FOIL
RECLASSIFICATION FROM AGRICULTURAL TO RURAL
CIIANGE OF ZONE REQUEST RECLASSIFICATION FROM
AGRICULTURAL ~-ACMES, PREVIOUSLY UNPLANNED, TO
RESIDENTIAL-AGRICULTURAL ~-ACRES
PETITIONERS: IiENRY CLINTON AND SANDIE ~I. WILLIAMS
BRIAN T.I~ERLEY MANAGEMENT TRUST,
MARSIiA L. I~ERLEY TRUSTEE
TAX MAP I~EY (3) 6-~-11:15
1. The applicants believe the approval of the reclassification from the State Land
Use Agricultural to the Rural District will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land
Use Comrs'ission Rules, the County General Plan and the IEIaavaii State Plan.
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be
included in this district if their inclusion will alter the general
characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not
less than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in areas where "city-like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may
include other parcels of land which are surrounded by, or contiguous to
this district, and are not suited to low-density residential uses for small
farm or agricultural uses.
2. The applicants believe the proposed redistricting is consistent with §15-15-27 of
the 1`iadvaii Land Use Commission Rules that determines the Permissible uses
dvithin the Rural district. This states: "(a) Permissible uses within the rural district
6
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 15,500 square feet, or an equivalent residential density, provided all other
lots in the subdivision have the minimum lot size of one-half acre. A petition for
variance may be processed under the special permit procedure pursuant to subchapter
12. This exception shall apply to lots of record existing prior to January 1, 1977, and
of not more than two acres. There shall be no more than one single-family dwelling
per one-half acre, except as may be provided for in this section." The proposed
boundary amendment is for a similar agricultural land uses and uses that are
compatible to the Agricultural designation. The proposed reclassification is also
compatible with the statutory definition 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. The applicants believe that the reclassification aetion 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:
7
(l) Gr;.ater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accon~nodate 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 amendment and change of zone
would conform to the following goals and policies of the General Plan:
LAND USE
• Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural, and physical environments of the County.
s
• 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 I-Iawaii.
• 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.
9
• Ensure that housing is available to all persons regardless of age, sex, marital status,
ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of housing
sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
AGRICULTURE
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
SINGLE-FAMILY RESIDENTIAL
• To maximize choices of single-family residential lots and/or housing for residents of
the County.
• To ensure compatible uses within and adjacent to single-family residential zoned
areas.
• To provide single-family residential areas conveniently located to public and private
services, shopping, other community activities and convenient access to employment
centers.
• The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces
~o
• 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.
• Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate locations.
Standards and criteria for the establishment of these areas shall be developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standazds 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
11
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 IaA district as defined
in section 25-5-50 of the zoning code is Bnet by this proposal. The location of the
subject property is in an already established "Rural area of South Kohala.
Section 25-5-50 states:
"The RA district provides for activities or uses characterized by low density
residential lots in rural areas where "city-like" concentrations of people,
structures, streets, and urban level of services are absent, and where small farms
are intermixed with low density residential lots. The RA district is intended to be
only within the state land use rural or urban districts."
6. The applicants believe that the removal of this particular 5 acres of land froffi
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 purposes. There is an absence of any major and/or
commercial agricultural activity in the existing and neighboring subdivisions. The
State of I~awaii 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. The proposed
Rural classification will be consistent with the proposed designation under the new
LUPAG map.
12
7. The applicants believe the proposed reduction of lot size to two acres is
consistent with the surrounding properties in the I{anehoa and Anekona
subdivisions. The subject property is adjacent to 2-acre and 5-acre zoned parcels as it
is part of the Anekona Estates Subdivision which was approved by the County of
Hawaii within the Unplanned zoned district. The Unplanned district applies to areas
which were not subjected to sufficient studies to adopt specific district classification
and the minimum building site area in this district is five acres. With the passage of
the new zoning code in December 1996, this unplanned zone was eliminated and all
land within this zone became Agricultural 5-acre. Thirty of these lots have been
subdivided to the two acre size via the CPR process without the benefit of review by
the County of Hawaii and the subdivision code. Ten parcels have been rezoned and
subdivided by the process the applicants' are proposing for this parcel. Additional
units have also been added by the Qhana 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 accoinanodate this rural development. Access to the
subject property is off Kawaihae Road which has aright-of--way width of 60 feet with
approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and
20' of pavement. Water is provided by a 6-inch county water line which fronts the
project site. The applicants have two water meters for this parcel already that service
the two single-family homes. Electrical service is provided to the property from
Hawaii Electric Light Co. Inc., and telephone service is provided by Verizon Hawaii.
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).
13
Based on the above, the applicants believe the approval of the State Land Use
Boundary Amendment to the Rural District and the Change of Zone from
Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land
Use District Regulations and is supportive of the State of Hadvaii Plan and the
County of I~awaii General Plan.
Therefore, the applicants request that this request for a State Land Use Boundary
Amendment frown Agricultural to Rural District and the Change of Zone from
Agricultural 5-acre to Residential-Agricultural ~-acre be given favorable
consideration.
14
E1~1VI~2E11~TME10TTAL ~P012T F012
I~ECLASSIFICATIOI®T F~ZOM AGRICULTURAL TO IIUIZAL
CI~Al`1G~ OF ~Ol®TE REQUEST FROM AGRICULTURAL 5-ACItLS
TO RLSII3E~ITIAL-AGRICULTURAL ~-ACRES
PETITIOI®TEI2S: IiE1~RY CLIl®1T01®1 Al®ID SANDIE ~I. WILLIAIVIS
~RIAI®I T.I~EI2.LEY MA~IAGEMEIoTT TRUST,
MA12SIiA L. ~ERLEY TRUSTEE
TAX MAP ICY (3) 6-~-11:15
A. SuBeTECT~aE._,~ulEST:
The applicants are proposing to change the State Land Use District from the Agricultural
district to the Rural district and change the County Zoning from Agricultural 5-acres (A-
Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to
allow for a two lot subdivision of the applicants' property in Aneknoa Estates subdivision
to allow for agricultural and residential uses of the property that are not presently allowed
in the State agricultural district. The lot is 5.453 acres and will be subdivided to create
two lots, each 2+ acres in size. The parcel is presently fully developed with two single-
familyhomes. The ownership is shared via the Condominium Property Regime (CPR).
The present lot has two access points on Kanehoa Drive that 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, one for each of the single-family homes. The two homes have
approved individual wastewater treatment systems that comply with all rules of the State
Department of Health.
B. CONFOIEtMANCE V6'ITH STATE AND COUNTY PLANS:
The State Land Use District is Agricultural.
The General Plan Designation is Extensive Agriculture.
The County Zoning is Agricultural 5-acre (A-Sa).
There are no Community Development Plans for this area.
The property is not located within the County of Hawaii's Special Management Area.
1
1. 'The applicants believe the approval of the reclassification from the State Land
Use Agricultural to the Rural IDistrict will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land
Use Commission Rules, the County General Plan and the Hawaii State Plan.
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be
included in this district if their inclusion will alter the general
characteristics of the azeas;
(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 are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses.
2. T'he applicants believe the proposed redistricting is consistent with §15-15-27 of
the Hawaii Land Use Cognrnission Rules that determines the Permissible uses
within the Rural district.
This states: "(a) Permissible uses within the rural district shall include the following
activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses
and those uses that are compatible within the agricultural district; (2) Low-density
residential uses with a minimum lot size of one-half acre. The commission for good
cause may allow one lot of less than one-half acre, but not less than 18,500 square
feet, or an equivalent residential density, provided all other lots in the subdivision
have the minimum lot size of one-half acre. A petition for variance may be processed
under the special permit procedure pursuant to subchapter 12. This exception shall
2
apply to lots of record existing prior to January 1, 1977, and of not more than two
acres. There shall be no more than one single-family dwelling per one-half acre,
except as may be provided for in this section." The proposed boundary amendment is
for a similar agricultural land uses and uses that are compatible to the Agricultural
designation. The proposed reclassification is also compatible with the statutory
definition of Low-density residential lots of more than one dwelling house. The
applicant has and would like to construct Single Family Dwellings. However,
Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a
permissible use in the Agricultural District unless the dwelling is related to an
agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-
4.5(x)(4), HRS, as "a single family dwelling located on and used in conjunction with a
farm, including clusters ofsingle-family farm dwellings permitted within agricultural
parks developed by the State, or where agricultural activity provides income to the
family occupying the dwelling." Thus, the requested boundary amendment would be
in the direction of fulfilling the permissible uses of the rural designation.
3. The applicants believe that the reclassifDCation 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 golicies:
(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 t0:
3
.
(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 apnendinent and change of zone
wouDd conform to the following goals and policies of the General Plan:
LAND USE
• Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural, and physical environments of the County.
• Zone urban- and rural-types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Promote and encourage the rehabilitation and use of urban and rural areas which are
serviced by basic community facilities and utilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
HOUSING
• Attain safe, sanitary, and livable housing for the residents of the County of I-Iawaii.
4
• Attain a diversity of socio-economic housing mix throughout the different parts of the
County.
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital status,
ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of housing
sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
AGRICULTURE
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
SINGLE-FAMILY R.IESIBENTIAL
• 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.
5
• 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.
• Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate locations.
Standards and criteria for the establishment of these areas shall be developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of
action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non-urban
form for areas within the County. The proposed Rural boundary request also
conforms to the LUPAG Map which designates the area for Low Density Urban
Development. Low Density Urban Development allows for Single Family
Residential in character, ancillary community and public uses, and convenience
type commercial uses. This request would allow rural development. The area
under consideration is consistent with the rural form established for this seetion of
the South Kohala District as depicted on the LUPAG Map. Based on the above
6
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 )EtA district as defined
in .section 25-5-50 of the zoning code is rnet by this proposal,
The location of the subject property is in an already established "Rural area of
South Kohala.
Section 25-5-50 states:
"The RA district provides for activities or uses characterized by low density
residential lots in rural areas where "city-like" concentrations of people,
structures, streets, and urban level of services are absent, and where small farms
are intermixed with low density residential lots. The RA district is intended to be
only within the state land use rural or urban districts."
6. The applicants believe that the removal of this particular 5 acres of land from
the State Land Use "Agriculture' district will not jeopardize the Agricultural
land inventory of the State or the County, as a result of the poor land quality
conditions of the subject property.
While the subject property is within the State Land Use Agricultural and County's
Agricultural zoned districts, it is not currently being used for active agricultural
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 t`vo acres is
consistent with the surrounding properties in the l'~{anehoa and Anekona
subdivisions.
The subject property is adjacent to 2-acre and S-acre zoned parcels as it is part of the
Aneknoa Estates Subdivision which was approved by the County of Hawaii within
the Unplanned zoned district. The Unplanned district applies to areas which were not
subjected to sufficient studies to adopt specific district classification and the
minimum building site area in this district is five acres. With the passage of the new
zoning code in December 1996, this unplanned zone was eliminated and all land
within this zone became Agricultural 5-acre. Thirty of these lots, including the
subject property, have been subdivided to the two acre size via the CPR process
without the benefit of review by the County of Hawaii and the subdivision code. Ten
parcels have been rezoned and subdivided by the process the applicants' are
proposing for this parcel. Additional units have also been added by the Ohana home
process. The applicants believe the proposed density of two acres is consistent with
the surrounding properties and that the subdivision process is a preferred process in
comparison to the CPR process.
8. The applicants believe all utilities and services are available to the property
which are essential to accoangnodate rural development.
Access to the subject property is off Kawaihae Road which has aright-of--way width
of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50'
right-of--way and 20' of pavement. Water is provided by a 6-inch county water line
which fronts the project site. The applicants have two meters, one servicing each
single-family home. Electrical service is provided to the property from Hawaii
Electric Light Co. Inc., and telephone service is provided by Verizon Hawaii.
8
9. The applicants believe the property has no severe geological or topographical
problems evhich 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 Gone X).
Based on the above, the applicants believe the approval of the State Land Use
Boundary Apnendgnent to the Rural District and the Change of Zone from
Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre
cornpleYnents the State Land Use District Regulations and is supportive of the State
of >ilawaii Plan and the County of II{aevaii General Plan.
C. PI-I~'SICAI, CHARACTERISTICS ANI) ENVIRONMENTAL SETTING OF
TIIE PR®PERTY AND SURROUNDING AREA:
1. The property is a 5.453 acre parcel located on the south side of Kanehoa Drive
approximately three-eighths of a mile south of Kawaihae Road.
2. The property is located six miles east of the ocean. The property is not located within
the Special Management Area of the County of Hawaii. 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.
3. The site is fully developed with two single-family homes and extensive landscaping.
4. Since the site is fully developed and has been previously grazed by cattle and graded
for development, it is expected that no archaeological features exist on the property or
that it provides a habitat for endangered plants or animal species.
9
5. There is no evidence of historical or cultural features on the parcel, nor did the
records in the Planning Department disclose any significant findings attributable to
the subject property.
6. Common animal species in the area include field mice and mongoose. There is no
known or recorded rare or endangered animal or plant life in the area.
7. The topography of the site is fairly level with slopes less than 10%.
8. The average annual rainfall is 20 - 35 inches.
9. The entire Big Island is subject to geologic hazards, especially lava flows and
earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4.
Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale
is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a
few percent of this area has been covered by lava in the past 10,000 years.
10. The United States Department of Agriculture Soil Survey identifies the soil type to be
of the Puu Pa Soil series. The Puu Pa series consists 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
dazk 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.
l0
11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISI-i)
classification system, the property is not classified.
12. The Land Study Bweau Overall Productivity for this area is "E", Very Poor.
13. The Arrny Corps of Engineer's Flood Inswance Rate Map (FIRM) has designated the
property as Zone X, outside of the 500 year flood plain.
14. Nearby properties are located in the State's Rural District and is zoned RA-2a by the
County. Parcels 6-2-11:22, O5, 06, 1 1, 18, 27 ~ 28 are in the rural district and zoned
RA-2a. The surrounding properties are located in the State's Agricultural District and
in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is
immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is
immediately west of Kanehoa. The Ouli subdivision, A-1 a, located to the west of the
site is undeveloped at this time.
15. There is a small parcel that is located within the State Land Use Urban district located
below the subject parcel where a 30-unit affordable rental housing project, Ouli
Ekahi, is sited. There is also a 20-unit self-help project at Ouli.
16. The uses of the property in the immediate area are rural/residential in character with
minimal agricultwal activities.
17. Thirty of the lots within the Kanehoa and Anekona subdivisions have subdivided
through the Condominium Property Regime (CPR) process. In addition other lots
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. PU~I.IC FACILITIES AND SERVICES:
1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of
asphalt paving and grass swales.
2. The site is serviced by Department of `Water Supply, the applicants have two meters,
one servicing each of the two single-family homes.
3. Electrical, telephone and cable service are provided to the project site via the
underground utility service of the Anekona Estates subdivision.
11
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 use
individual wastewater treatment systems meeting with the standards and requirements
of the State Department of Health.
5. The nearest police station is located seven miles east of the site in Waimea.
6. The nearest fire station is located seven miles east of the site in Waimea.
7. The nearest public recreation facility is Waimea Park and Anuenue Playground
located six miles east of the site. Hapuna Beach Park is seven miles to the west of
the site. Spencer Beach Park is located six miles west of the site.
8. Public schools (six miles east) and private schools (4 miles east) provide educational
services to the area.
E. ENVIIt~N1VIENTAL ASSESSIO~IENT ANTI ANALYSIS:
1. The proposed action does not involve any additional development of the property.
2. The entire property has been graded and utilized for the pasturing of cattle in the past.
3. The two single-family homes and the accompanying landscaping help to stabilize the
environment by having vegetation that prevents 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 was offset by the
long term enhancement to the area in keeping with the character of the surrounding
area and land uses. No additional development is proposed by this action.
7. Noise during the construction period was mitigated by regulating the time of day of
construction activities. No additional construction is proposed by this action.
8. Dust generated during the construction period was mitigated by standard construction
dust control measures. No additional construction is proposed by this proposal.
9. The proposed action will not result in greater density of residential uses and merits no
special mitigation measures.
12
10. The proposed action will not adversely affect scenic views. The newly created lots
are already fully developed in an area of existing residential and agricultural uses.
11. The proposed action will lead to no addition of agricultural-residential units in the
South Kohala area.
12. Because adjacent parcels have land uses and densities similaz to those proposed, and
because no additional building is proposed there would be no impact to the character
of the neighborhood.
13. Because of the poor quality of soil and the existing use of the property, removing this
parcel from the inventory of available agricultural lands will not impact the
agricultural potential of the State or County of Hawaii.
14. The proposed change of zone would create no new demands on public facilities and
services, all of which are accommodated with existing facilities.
15. The alternative to the proposed action, redistricting the property from the Agricultural
district to the Rural district and changing the zone from A-Sato RA-2a, would be to
retain the two CPR units.
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
far the proposed action. The change of zone designation will not add any additional
residential units nor would it involve the in eversible and irretrievable commitment of
any quantities of natural resources.
13
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M®®l~R~ ~dd'T'~~1~RISES, I.,L,iC
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K.~M~Ei~., ~#Aif1f~?4i 9673
August 13, 2001
Mr. Christopher Yuen
Director, Planning Department ~ . ~
Ccunty of Hawaii
25 Aupuni Street _ _
Hilo, Hawaii 36720
Re: RECLASSI>H'ICATI®1mT )~®1~ A.GRICIJLTiTRAL TO RURAL s~
C~AI®TGE ~®lelE REQUEST CLASSIIH'ICATg®1®T l~It®1VV~
AGRICULTiTRAL 5-ACRES , PREVIOUSLY U1~LA1`Tl`7EI3
T® RESIDEI~TTIAL-AGRICULTI~RAL 2-ACRES
PETI~TY®1~E1tS: ~EI~Y ~CL~'®1®T Alm SAI~TDIIE ~.~ILLIAI~S
~RIAleT T. I~ERLEY 1bIA1~AGE1VIEI~T TRUST,
1~L~12SHA L. ICERI.EY, TRUSTEE
TA% 1VIAP I~EY (3) 6-2-11:15
Dear Mr. Yuen:
Your sta~has requested that I make a statement about the subject property and public access to
the mountains. This property is fully developed with two single-family homes and is not used as
an access to any mountains by the public. No trails to mountain features are known to exist on
the subject property.
There is an existing permit to build an additional structure on a portion of the property, a guest
house. The applicants have not constructed this stnacture and do not intend to construct this
structure. Ede request that you revoke the permit for this additional structure.
If you or your staf3~ require additional information or have any questions, please contact me
directly.
Sincerely,
Carego . Mooers
President
d ~
PHONE: (808) 8$5-8839
FAX: (808) 885-1574
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BENJAMIN J. CAYETANO sY: 7 ANTMONV J.H. CH
GOVERNOR ~a 4 - EXECUTIVE OFFICE
.~~`~~4oce~ ~a9~~
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND IJS~ C®MMISSI®N
P.O. Sox 2359 L._ .
Honolulu, H! 96804-2359
Telephone: 808-587-3822-._;
Fax: 808-587-3827
September 7, 2001
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
25 Waupun Street, Room 109
Hilo, Hawaii 96720
Dear Mr. Yuen:
Subject: State Land Use Boundary Amendment (SLU 01-006)
Request: Agricultural to Rural
Change of Zone Ordinance Application (REZ 01-013)
Request: Agricultural (A-5a) to Residential and
Agricultural (RA-2a)
Applicant: Henry Clinton & Sandie H. Williams
TMK: 6-2-011: 015
Ouli, South Kohala, Hawaii
We have reviewed the subject application as transmitted by your
memorandum dated August 16, 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 application, we have the following
comments:
1. The subject parcel appears to be in the State Land Use Agricultural District
as described in the subject application.
2. We suggest that the Applicant include verification from the County of
Hawaii Planning Department or the State Historic Preservation Division,
-c
h ~
Mr. Christopher Yuen
September 7, 2001
Page 2
Department of Land and Natural Resources that the property does not
contain significant archaeological, historical, or cultural features.
3. Was the Applicant made aware that reclassification of the subject parcel to
the Rural District may provide greater flexibility with respect to any
future development?
Thank you for the opportunity to provide comment on the subject
applications.
Should you require clarification or further assistance in this matter, please
contact Russell Kumabe of my staff at (808) 587-3822.
Sincerely,
ANTHONY J.H NG
Executive Officer
ivl®o~~s ~~T~>~~l~rs>~s, ~l<c
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6C~1W9L91=LA, FfAw.~19 9&i'~43
September 24, 2001
Mr. Christopher Yuen
Director ~ -
Planning Department
County of Hawaii
25 Aupuni Street - -
Hilo, Hawaii 96720
Re: State Land Use boundary A>rnendrnent Application (SLU 01-006) _
l~egl~~st: Agriculture! to Rural
Change of Zone Application (II~Z fl1-0~3) ,
Iteeluest: Agricultural (A-5a) to residential-Agricultural (RA-2a)
Applicants: henry Clint®n and Sandie ~illiaans
ISrian T. Kerley 16~anagestaent Trust, lOZarsha L. Kerley, Trusdtee
Tax Map Key: 6-2-11:23
Dear Mr. Yuen:
Your staff faxed me the comments from the Land Use Commission on the applications identified
above and asked for a response.
The site is fully developed with two single-family homes and related improvements, including
extensive landscaping. The proposed action does not propose any additional uses, construction or
land altering activities. The proposed action will simply allow changing the ownership for the two
single-family dwellings from Condominium Property Regime (CPR) to two separate lots.
If you or your staff have any questions, or if additional information is required, please contact me
at 885-6839. Thank you for your prompt attention to these applications.
Sincerely,
Greg . Mooers
President
GRM: sp
copv~ Land I Tse Commission
PHONE: (808) 885-6839
FAX: (808) 885-1574 ~ ' . ~
Ek9AIL: GMOOEF2S~ATl"GLOBAL.NET /