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HomeMy WebLinkAboutCOM 0479.000 2000-2002 ~~SV ®a y~ i-iarry Kim ~ Dixie Kaetsu Mayor Managing Director : • - e,,.~ _ ..ep,. ~ Peter T. Young ,psi o~°N~''~ ~y in Director ~o~ ~~~1~ a.~ ~~~g g ~®ut ~ ~aii , 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 F~48~9~T~65~~` KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96% (808) 329-5226 • Fax (808) 326-5663 January 9, 2002 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: Proposed Street Name -Hale Ke`eke`e Subdivision Ala Ke `eke `e Place Tax Map Key: 8-1-3:32-34; portion of 50 (SUB 7276) Amendment to Change of Zone Application (REZ 00-013) Applicant: Kam Center Specialty Corporation Request: Agricultural (A-20a) to Family Agricultural (FA-Sa) Tax Map Key: 7-3-24:1 and 2 Change of Zone Ordinance No. 96-117 (REZ 715) Applicant: County of Hawaii -Dept. of Parks & Recreation Request: Amend Condition G of Ordinance No. 96-117 Public Park and Recreational Purposes Site(s) Tax Map Key: 6-2-1:9; 6-7-l:por of 25; 6-7-2:9, 48 & por of 17 & 6-8-l:por 1&8 State Land Use Boundary Amendment Application (SLU 01-007) Request: Agricultural to Urban Change of Zone Application (REZ O 1-014) Request: Agricultural (A-Sa) to Neighborhood Commercial (CN-10) Applicant: David S. DeLuz, Sr., Enterprises Profit Sharing Plan Tax Map Key: 7-3-S:Portion of 32 and 33 State Land Use 13oundarv Amendment Application (SLU 01-009) "_equest: Agricultural o~IZur~'.• / ~ .hinge of Zorn t~pplication (REZ O1-017) ;~~equest:.~'~:grlcultural (1~-Sa) to Residential & Agricultural (RA-2a) :~~p11gaTIt: P1:,Ii Dv°t3~li'.1" `3r'~.x l~aegr. ~-2-11:8 file "do. - . Ref. ~'o: Iftef. T3ate ~~~vi ~ Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 January 9, 2002 As required by Chapter A~, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, Ol.~ Harry Knn Mayor r.i2o~oi Enclosures cc: Planning Department Jaty ®s N4k• Harry Kim ~°•'~cw~ \,'lai~• Mayor / G'x:{ /JJ ,.e:.,., 'v.'. °~<p po ~.;~sl ~ OF Nr PLANNING CO)O~dISSION 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 01-009} Request: Agricultural to Rural Change of Zone Application (REZ 01-017) Request: Agricultural (A-Sa) to Residential & Agricultural (RA-2a) Applicant: Phil Delmer Tax Ma~Key• ~-2-11:8 The Planning Commission, after a duly held public hearing on December 7, 2001, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to Rural District and a Change of Zone to change the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.0006 acres of land. 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: Stag Land [Jse >gounda~ Amendment The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district for approximately 5.0006 acres of land in order to subdivide the property into two lots, each with minimum two acres in size. The applicant does not intent to immediately improve the lots at this time. There is also a request for a Change of Zone from an Agricultural (A-Sa) to a Residential and Agricultural (RA-2a) zoned district that is concurrently being processed for the property. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 is located within the Anekona Estates Subdivision, consisting of 36 lots. According to Planning Department records, Ohana Dwelling Permits were approved for 12 lots. According to Real Property Tax records, 141ots have been encumbered with Condominium Property Regimes (CPRs). The property was previously utilized for cattle grazing, is currently not used for any agricultural activities and is vacant of any structures. Immediately adjacent to the east and west and across Kanehoa Street are S+acre parcels that are designated Agricultural by the State and zoned Agricultural (A-Sa) by the County. Also across Kanehoa Street is a parcel that received County Council approval in 1999 for State Land Use Rural District and County RA-2a zoning classification. These lands include a mix of residential uses and vacant lands. Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural (A-Sa and A-la), and Residential and Agricultural (RA-2a) zoned districts. Of the 26 lots in the Kanehoa Subdivision to the east, Planning Department records Ohana Dwelling Permits approved for 161ots and Real Property Tax records CPRs for 14 lots. The Kamuela Plantations Subdivision, consisting of 10 lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 26 lots, is located across the Kawaihae Road and further to the northeast. These subdivisions include mixed residential uses, vacant lands, and very few residential/agricultural uses. 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. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5±-acre parcels, eight parcels have secured Final Subdivision Approval, and two 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 maybe provided for in this section." The proposed boundary amendment is for similar residential-agricultural uses that are compatible to the Rural designation. The applicant has stated that the 5.0006 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 ~ 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 AGRI~~I.TURE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed Rural boundary amendment request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan: HOUSING • 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 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. SING~L.E-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • The County shall review and amend if necessary land use ordinances and codes to Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. Further, it should be noted that the County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for certain areas, including the Anekona Estates Subdivision, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently residential/agricultural in character. Further, the County Council has approved land use reclassifications in the Anekona and Kanehoa Subdivisions to State Land Use Rural district and Residential-Agricultural zoning. This boundary request would allow a rural development for Residential-Agricultural uses. Based on the above findings, including the General Plan's goals and policies, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property which are essential to accommodate rural development. The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. Although access to the property is also from Kanehoa Street, it also abuts Kawaihae Road. Both Anekona Street and Kanehoa Street have aright-of--way width of 50 feet with a 20-foot agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. The Department of Water Supply states that there are two 1-inch laterals, one of which has a 518-inch meter. Each of the meters will be required to front the proposed parcels they are to serve. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. Underground electrical, telephone and cable 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 applicant's request for a State Land Use Rural District and the request for a Residential and Agricultural (RA-2a) zoned district, the applicant would normally be allowed to apply for an Ohana Dwelling Permit, which would allow the construction for 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 applicant to create a second lot, there would be Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 one dwelling on each lot. 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, the Planning Director recommends 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 a 0.5192 drainage easement runs along the Kanehoa Street frontage, the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates a major portion of the property as Zone X, areas determined to be outside of the 500-year flood plain. While the property is within the State Land Use Agricultural and County's Agricultural - Sa zoned districts, it is not currently being used for active agricultural purposes. The property was created on October 23, 1990 as one of the origina136 lots of the Anekona Estates Subdivision. The property was previously utilized for cattle grazing, is currently not used for any agricultural activities and is vacant of any structures. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area 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 agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the area been identified as a significant botanical or biological habitat. Further, as no valued cultural, historical or native resources nor any traditional and customary native Hawaiian rights were practiced in the area, it is also not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties. The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is approximately six miles from the ocean. The proposed development will not adversely impact recreational Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine coastal ecosystems. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (5) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (6) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 ~laan~e of Zo~ee The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to a Residential and Agricultural (RA-2a) zoned district for approximately 5.006 acres of land in order to subdivide the property into two lots, each a minimum 2 acres in size, with no immediate plans for improvements. 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: I A~ i~D USE and A~~CULTURE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed change of zone request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan: • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. SINGLE-FAM~I~Y R~S~.~ENTIAL • 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. According to Planning Department records, Ohana Dwelling Permits were approved for 12 lots in the Anekona Estates Subdivision. According to Real Property Tax records, 14 lots have been encumbered with Condominium Property Regimes (CPRs). Of the 261ots in Kanehoa Subdivision, Planning Department records Ohana Dwelling Permits approved for 16 lots and Real Property Tax records CPRs for 14 lots. The Anekona Estates Subdivision as well as the Kanehoa Subdivision are 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 12 support some agricultural activities at a smaller scale. It should be noted that the County is currently conducting a comprehensive review update to the General Plan. One of thw 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 i_r~ the Anekona and Kanehoa Subdivisions to State Land Use Rural district and Residential- Agricultural zoning. Therefore, it is determined that the request is consistent with the rural low-density development land use depicted on the LUPAG Map for this area of South Kohala. The property and surrounding areas were previously zoned Unplanned from the: date of adoption of the Zoning Code in 1967. The Unplanned district applied to areas where no sufficient studies were conducted to adopt specific district classification. The Unplanned district permitted uses relating to agriculture. With the adoption of the revised Zoning Code on December 7, 1996, all Unplanned zoned districts were reclassified to Agricultural-5 acre (A-Sa). Therefore, the property is presently zoned A-Sa. The property was previously utilized for cattle grazing, is currently not used for any agricultural activities and is vacant of any structures. Immediately adjacen£ to the east and west of the property and across Kanehoa Street are S+acre parcels that are located within the State Land Use Agricultural District and zoned Agricultural (A-Sa) by the County. Also across Kanehoa Street, however, is a parcel recently designated Rural by the State and zoned Residential and Agricultural (RA-2a) by the County in 1999. These lands include resideraial uses and vacant lands. Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural (A-Sa and A-la), and Residential and Agricultural (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 26 lot3, is located across the Kawaihae Road and further to the northeast. These subdivisions include mixed residential uses, vacant lands, and very few residential/ agricultural uses. 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 rninimum 10,000 square foot lots, arc located to the west (makai) of Anekona Estates and are designated State Land Use Urban District. The Dale Wailani property is also situated Honorable James Y. Arakaki, Chairman and Members of the County Council Page 13 adjacent to and west of Anekona Estates Subdivision and the housing projects. It is currently zoned A-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. Similaf land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5+-acre parcels, eight parcels have secured Final Subdivision Approval, and two parcels have been granted Tentative Subdivision Approval. In October 1996, the County Council also approved the reclassification oftwo 5-acre parcels within the Kamuela Plantations. Subdivision to State Land Use Rural District. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern. being established within this portion of South Kohala. Should the County Council approve the applicant's request for a State Land Use Rural District and the request for a Residential and Agricultural (RA-2a) zoned district, the applicant 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 applicant to create a second lot, we would be allowing an additional dwelling to be constructed which would double the existing density of the area. Although the Planning Director supports this rezoning request to allow for atwo-lot subdivision with one home on each lot, the potential to allovbr four (4) homes may contribute to a cumulative burden on the existing infrastructure (road, water, etc.) which cannot be supported. Therefore, the Planning Director recommends that a condition be included to prohibit a second dwelling unit on each lot. The property was previously utilized for cattle grazing, is currently not used for any agricultural activities and is vacant of any structures. Although a 0.5192 acre drainage easement runs along the Kanehoa Street frontage, the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates a major portion of the property as Zone X, an area determined to be outside of the 500-year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area is classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such intensive agricultural activities from Honorable James Y. Arakaki, Chairman and Members of the County Council Page 14 being conducted without a significant amount of effort. A smaller parcel size may provide for increased opportunities for some agricultural activities to be conducted upon these types of soils. All utilities and services are available to the site. The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. Although access to the property is also from Kanehoa Street, it also abuts Kawaihae Road. Both Anekona Street and Kanehoa Street have aright-of--way width of 50 feet with a 20-foot and 8-inches agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either through a Federal transportation program or through the fair share contribution towards roads. According to the Department of Water Supply, there are two 1-inch laterals, one of which has a 5/8-inch meter. Each of the meters will be required to front the proposed parcel they are to serve. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. Underground electrical, telephone and cable services are available to the property. All other essential utilities and services are or will be made available to support the proposed development. The subject development is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is approximately six miles from the ocean. 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 agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Further, as no valued cultural, historical or native resources nor any traditional and customary native Hawaiian rights were practiced in the area, it is also not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. 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 State Land Use Boundaries Map H-1~ for the County of Hawaii and Section 25-8-7 (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, Geraldine M. Giffin, C irman Planning Commission Ldelmer02pc Enclosures cc: Mr. Gregory R. Mooers Mr. Phil Delmer Department of Public Works Department of Water Supply Planning Department -Kona Department of Land ~ Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BDelmeri0l eti-11 /27/01 COUNTY OF IIAWAII I'LAl®TNING DEPAIZTNIENT ~A~I~GROgJNI3 P®I~T PIIIL DELIVIER STATE LAND USE DOUNDARY A10'IENDIVIENT APPLICATION (SLU 01-009) CIIANGE OF ZONE PPLIC~~ION (REZ O1-017 PHIL DELMER has submitted applications for a State Land Use Boundary Amendment (SLU 1-009) from Agricultural to Rural District and a Change of Zone (REZ 01-017) by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.0006 acres of land. The property is located in Anekona Estates Subdivision bordered by Kawaihae Road and Kanehoa Street, at approximately the 63 mile marker, Ouli, South Kohala, Hawaii, TMK: 6-2-11:8. GENERAL INFORll~IATION 1. Land Ownership: Philip R. and Diane C. Delmer are the fee owners of the subject property. PROPOSLI~ DEVELO~IVI~NT 2. Request: The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district and a Change of Zone from an Agricultural (A-Sa) to a Residential and Agricultural (RA-2a) zoned district for approximately 5.0006 acres of land. The applicant proposes to subdivide the property into two lots, each with minimum 2 acres in size. The applicant does not intend to immediately improve the lots at this time. 3. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications and Septellnber 11, 2001 Letter) STATE AND COUN'RY PLANS State Land Use District: Agricultural. 5. Ilawaii 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. _r 7. General Plan Land Use Pattern Allocation Guide (LUPAG)1dlap: Extensive Agricultural, which allows uses for pasturage and range lands. It should be noted that the County is currently conducting a comprehensive review update to the General ]Plan. One of the proposed amendments to the LUPAG Map is to change the designation for certain areas, including the Anekona Estates Subdivision, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently 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 acre (A-Sa). Therefore, the property is presently zoned A-Sa. 9. Ohara Dwellings: Ohana dwellings can be applied for with the new proposed State Land Use Rural District and Residential and Agricultural (RA-2a) district zoning. 10. SMA: The property is not situated within the Special Management Area. It is located approximately six miles from the nearest coastline. 11. Coastal Zone 1Vlanage~nent, IEIRS Chapter 205A: There is no identified recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazard, marine resources or other natural and environmental resources that will be adversely impacted. DESCRIPTION OF ~UD~TECT PROPERTY Ale1D SURROUNDING AIWA 12. Subject Property: The subject property is rectangular in shape and has a total area of 5.0006 acres. A 0.5192 acre wide drainage easement runs along the Kanehoa Street frontage. The property was previously utilized for cattle grazing, is currently not used for any agricultural activities and is vacant of any structures. -2- i 13. Anekona Estates: The property was created on October 23, 1990 as one of the original 361ots of the Anekona Estates Subdivision. According to Planning Department records, Ohana Dwelling Permits were approved for 12 lots. According to Real Property Tax records, 14 lots have Condominium Property Regimes (CPRs). 14. 1[~anehoa Subdivision: Of the 261ots in this subdivision, Ohana Dwelling Permits were approved for 161ots. According to Real Property Tax records, 14 lots have Condominium Property Regimes (CPRs). 15. Adjacent Land Uses: Immediately adjacent to the east and west of the property and across Kanehoa Street are 5+ acre parcels that are within the State Agricultural District and are zoned Agricultural (A-Sa) by the County. Also across Kanehoa Street, however, is a parcel recently designated Rural by the State and zoned Residential and Agricultural (RA-2a) by the County in 1999. These lands include residential uses and vacant lands. 16. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural (A-Sa and A-1 a) and Residential and Agricultural (RA-2a) zoned districts. The Kanehoa Subdivision, consisting of 261ots, is located immediately to the east of Anekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of 10 lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 261ots, is located across the Kawaihae Road and further to the northeast. These subdivisions include mixed residential uses, vacant lands, and very few residentiaUagricultural uses. There are approximately 28 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and the Ouli Mutual Self Help Housing 40-lot Subdivision project, minimum 10,000 square foot lots, are located to the west (makai) of Anekona Estates and are designated State Land Use Urban District. The Hale Wailani property is also situated adjacent to and west of Anekona Estates Subdivision and the housing projects. It is currently zoned A-la and the developer proposes a 49-lot subdivision, with lots minimum two acres in size. 17. Previous Approvals: From 1998 to present, the County Council approved similar requests for a State Land Use Boundary Amendment from an Agricultural to Rural -3- _ District and a Change of Zone from A-Sato RA-2a for nine parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5±-acre parcels, eight parcels have secured Final Subdivision Approval, and two 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 ~ -Tax Ivey Maps) 18. Agricultural Lancls of Importance to the State of Iia~vaii (ALIS)FI) System: The property and surrounding area are "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 19. Lancl-Study bureau's Detaileel Land Classification System: Soils within the property and surrounding area are classified as "E" or "Very Poor." 20. 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. 21. FIRM: A portion of the property is located within Zone X, are determined to be outside the 500-year flood plain. As previously stated, a 0.5192 acre wide drainage easement runs along the Kanehoa Street frontage. 22. FloralFauna Resources: According to the applicant's environmental report, the property is undeveloped and barren except for a few grasses and weeds. The natural vegetation occurring on the property consists of bermudagrass, swollen fmgergrass, Lantana, ilima and cactus. 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. 23. Archaeological Resources: According to the applicant's environmental report, the property was previously grazed by cattle and extensively graded for development. No archaeological, cultural or historic sites are known to be located on the property. -4- 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. 24. Cultural or Native Gathering Rights: According to the applicant, there are no valued cultural, historical or native resources nor has any traditional and customary native Hawaiian rights been practiced in the area. 25. Pulblic Access: There is no public access to the mountains or the shoreline that run through the property. PUBLIC UT~.LIT~ S ANp SERVICES 26. Roadway: The primary access for Anekona Estates from Kawaihae Road is via Anekona Street. Although access to the property is from Kanehoa Street, it also abuts Kawaihae Road. Both Anekona Street and Kanehoa Street have aright-of--way width of 50 feet with a 20-foot and 8-inches wide agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 27. dVater: The Department of Water Supply states that the subject parcel has two 1-inch laterals, one of which has a 5/8-inch meter. Each of the meters shall front the proposed parcel they are to serve. 28. V6Vastewater: There is no municipal sewer system in the area. The Department of Health states that the property is situated within a Critical Wastewater Disposal Area. Therefore, the applicant would be required to dispose wastewater into a septic tank system. 29. Utilities: Underground electrical, telephone and cable services are available to the property. 30. Police/Fire Services: The nearest Police and Fire facilities are located in Waimea, approximately 7 miles east of the property. Waimea is also the primary employment and commercial center for this portion of South Kohala. 31. 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. -5- AGENCIES' CO1d~~~N7CS 32. Department of Public Works (October 3, 2001 Memo): "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. Kanehoa Street, fronting and providing access to the subject property is a private road with 20 foot wide pavement and unpaved shoulders. This is the Subdivision Code standard for private roads serving lots of 3 or more acres in size. 4. A 0.519 acre drainage easement encumbers the entire Kanehoa Street frontage, Please provide information in the background report for this encumbrance. Show and identify all platted easements on the plans." 33. Department of V6'ater Supply (October 2, 2001 Memo): "We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone applications and have the following comment and condition. "Inasmuch as the subject parcel has two 1-inch service laterals, one of which has a 5/8-inch meter, we have no objections to this application for an ultimate two-lot subdivision. However, each of the meters shall front the proposed parcel they are to serve." 34. Police Department (October 17, 2001 Memo): "Staff has reviewed the above-referenced proposal and found that there are no concerns regarding the proposed zone change of this property." 35. Fire Department (October 1, 2001 Memo): "We have no comments regarding the above-referenced State Land Use Boundary Amendment and Change of Zone Applications." -6- 36. Department of Ilealth (October 4, 2001 Memo): "The subject lots are located in the Critical Wastewater Disposal Area where cesspool are not allowed. Any development on these lots would require all wastewater be disposed into a Septic Tank System." 37. Department of Environmental Management (5eptember 25, 2001 Memo): "We have reviewed the subject applications and have no comments to offer." 38. Department of Transportation: (see Exhibit "C" --October 16, 2001 Letter) 39. Lancl Use Commission: (See Exhibit "D" -October 18, 2001 Letter) 40. Applicant's Response to Department of Paablic Works, Department of I~Iealtl~ and Department of Transportation: (See Exhibit "E" -October 30, 2001 Letter) AGENCI~~ NO, fld~SPONSE ~1. Real Property Tax, OHCD, DLNR -Land Division, Historic Preservation Division, and Land Management, South Kohala Traffic Safety Committee, Waimea Community Association and Anekona Community Association. PUBLIC COMMENTS 42. The Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -7- LUU1~ ~ ~ Ulu` HAWAI I PLANNING DEPAR~.ZENT APPLICAT?nN F"OR STATE LAND USE BOUN""~'iRY AMENDMENT (15 ACRES OR LESS) APPLICANT: Phil Delmer APPLICANT'S SIGNATURE: MAILING ADDRESS: 328 Bi.e Bee Street Pittsburgh, Pennsylvania 15211 ~'ELEPHONE: (BUS) (HOME) (~?12) 431--2650 LANDOWNER: Phil Delmer LANDOWNER'S SIGNATURE: T'AX MAP KEY: 6-2-11:008 s= LAND AREA: 5.0006 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWYNG: 1 A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. ~~°ziz6is~ ~ i~ ~I~ ~ ® LICA1 YEN COiJN'7'Y I~l~AII PL ~ I3~P N1` (Type or legibly print the requested information) APPLICANT: APPLICANT" S SIGNAT`t1IlE. DATE: 7 / 16 / o l ADL7P.~SS: 328 BiQ Bee Street Pittsburgh, Pennsylvania 15211 LIST APPLICANT'°S INTEREST IF NOT` OWNER: Owner LIST PRINCIPAL(S) INCLUDING NA.IvIES ®F ldIAIN ®FFICEItS: PI-IONE: (Plus.) 412) 4 31- 2 6 5 0 (Iles.) (Fax) LANl3JWNIrII(S): Phil Del LANDOWNER SICINATUIIE(S): DATE: ~ / >~1~ ~ (tray be by ~eeee~) LANI3flVJNE1t(S) ADDP.IeSS: 3 2 8 B i Q Bee S t r e e P i r_ r,,s h tt r s? h, P A 1,~~~J ~~~~$°I'; A ricultural S- cre s (RA°2 (Exissica~ zoeaing) (Proposed Zosung) 'I`mo{ SAP I{Ey; 2--11:0 0 8 ST'ItEE.T ,~DDIIESS OP PIlOPEIITY: 8 ~n kP t~ a ~~~,ta ~ ~ tt h~i v i ~ i n n SIZE OF PROPERTY ®Il AFFECTED AP.EA(S) TO ~,E IIEZONED: s nnn~~ AGEIej'j`; Gre~or,~ R Mooers AI,D$$; Mooers Enterprises P.O. Box 1101 Kamuela Hawaii 96743 TEI.F.PHONE:(lius.) 885-6839 (Iles.) 8~5-7~ (F'ax} QQ~ , Please indicate to whom original correspondence and copies should be serve. O&2.IGINAL: r~ ~ ~ COPIES: D e m a r (See Instructions on fltevcrse Side) ATTACID4ENT Agricultural Rezoning _ 1 PLANNING DEPARTMENT T'. - : - COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivid~~~he subject land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5_p p p(, a c rE b. Into what lot sizes? a~r~g c. If your request is approved, approximately how long after the date of .approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 m o n t h s d. Do you intend to build houses on the newly created lots? Ye s If Xes, please answer the following questions: On how many of those lots? 2 At what approximate price range? House Unknown at Lot this time Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2 year s If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enrl used 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? Ye s How? The proposed action will provide two residential- agricultural house-lot units in this highly desirable area of South Kohala. 4. Are there any buildings on the subject area? N o If so, what kind? What do you intend to do with those buildings if your request is approved? S. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- . d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No 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 :Io a. Schools X b. Roads X c. Sewer X d. Drainage X -3- STATE LAND USE DESIGNATION RECLASSIFICATION FROIVI AGRICULTURAL TO RURAL CIIANGE OF ZONE REI~UEST RECLASSIFICATION FROlO~I AGRICULTURAL ~-ACRES, PRECIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTiTRAL 2-ACRES PETITIONER: PIIIL DELIVIER TAX 1VL~P I~EY (3) 6-2-11:OS Lot ~ Anekona Estates Iiein~ a Portion of R.P. 223'7, L.C. Aw. ~51~-I3, Ap. 1 to James Young Xanehoa at Ouli, South I~ohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five-acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.0006 acres) is located in the Anekona ' Estates Subdivision on the south side of Kawaihae Road approximately across from the 63 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:08 GENERAL INFOIIMATION 1. Phil Delmer is the fee owner of the subject property. PIaOPOSED 1)E~ELOPIVIENT 2. The applicant is proposing to create a two lot subdivision creating two 2+ acre parcels between Kanehoa Drive and Kawaihae Road. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. The is presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicant does not intend to immediately improve the lots at this time. APPLICANT''S STATEIiVIENT 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 and adjoining subdivisions. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawaii. 12. Hawaii Revised Statutes, Chapter 205A -Coastal Zone Management Act: The subject property is located six miles from the shoreline. The proposed use of the subject property will 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. 13. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 14. The property is a 5.0006 acre parcel located on the north side of Kanehoa Drive approximately 3/8th of a mile south of Kawaihae Road. 15. The site presently is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 16. 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. _ . 17. 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. 18. The topography of the site is fairly level with slopes less than 10%. 19. The average annual rainfall is 20 - 35 inches. 20. 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, 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. 21. According to the Agricultural Lands of Importance to the State of Hawaii (ALISI-€) classification system, the property is not classified. 22. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 23. 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. 24. 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 tune. 25. There is a small State Urban district area located below the site that hosts a 30-unit affordable housing project, Ouli Ekahi. There is also a 20-unit self-help project being developed at Ouli. 26. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. _ _ _ 27. 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. Eleven parcels have Re- districted and re-zoned in the manner the applicant is proposing. PUBLIC FACILITIES AlelD UTILITIES 28. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 29. The site is serviced by the Department of Water Supply with 2 5/8" meters on Kanehoa Street. 30. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 31. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of hiealth. 32. The nearest police station is located seven miles east of the site in Waimea. 33. The nearest fire station is located seven miles east of the site in Waimea. 34. 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. 35. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. _ ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CI~ANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIALnAGRICULTURAL 2-ACRES PETITIC+NER: PI-IIL I)ELMER TAX MAP I~EY (3) 6-2-11:0 A. SUBJECT IZE UEST: The applicant is 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 5.0006 acres and will be subdivided to create two lots, 2+ acres in size. The lot is presently vacant but will be developed at some time in the future for use as residential-agricultural lots. The present lot has access points on Kanehoa Drive that will provide access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITIEI STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. 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. The applicant believes the approval of the reclassification frofln the State Lancl Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hadvafi 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 applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use COYnmisslori Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section:" The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205- 4.5(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 applicant believes that tine reclassification action would also conforyn to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. 1'he applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • 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. S1NGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural. developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defincd in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land frorra 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 ALISI-I 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 applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Karnuela Plantations, Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anelcnoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Thirty of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. 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 applicant believes all utilities and services are available to the property which are essential to accoininodate rural developanent. 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. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Ilavvaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OE TIIE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.0006 acre parcel located on the north side of Kanehoa Drive approximately three-eighths of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. 'The site is undeveloped and barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle and graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5. 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. 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 dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The 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 north of the Kanehoa subdivision and Anekona subdivision, A-Sa, is . immediately west of Kanehoa. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where a 30-unit affordable rental housing project, Ouli Ekahi, is sited. There is also a 20-unit self-help project at Ouli. 16. The uses of the property in the immediate area are rural/residential in character with minimal agricultural activities. 17. Thirty of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There are eleven parcels that have re-districted and re-zoned in the same manner the applicant is proposing. 18. A plants list is attached as Exhibit "A". D. PITDLIC FACILITIES AND SEIaVICES: 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 the Department of Water Supply with two 5/8" meters on Kanehoa Street. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. _ 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT ANI) ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land-uses and densities similar to those proposed, there - would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 30 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CILANGE OE ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL ~-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: PIIIL DELMER TAX MAP I~EY (3) 6-2-11:0 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within flee 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 maybe processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as 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 of single-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 applicant believes that the reclassification action would also conforyn to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Dousing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: _ (1) Greater opportunities for Hawaii's people to secure reasonably - priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. • (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. 1'he applicant believes the proposed boundary amendynent and change of gone va~ould conforgn to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use 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 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 applicant believes the purpose and applicability of the laA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes 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 resuflt 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 applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Karnuela Plantations, I~anehoa and Anelcona subdivisions. The subject property is adjacent to 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. Twenty-five 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. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. S. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). _ Based on the above, the applicant believes 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 1=Iawaii Plan and the County of Hawaii General Plan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. E~III~IT "A'9 PLANTS LIST EOIZ TAB 1l~IAP I~EY (3) 6-2-11:00 LOT ~ ANEI~ONA ESTATES SUDDIVISION OULI, SOUTI-I I~OHALA, ISLAND OE HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Buffle grass ' Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava ~XIrII~IT SITE P~®~`(~~~PHS .:f:: fff,~s r.'s: . p. . . . . ~ . `z« View of property from Kanehoa Street lookia~g north. ..a 6 . .a.,,,,«.:. ..:xo: r::. w:.-,,....,,. . ~~t .y ~.'...F' :i /,qy.i T,. n. View of subject property from Kanehoa Street looking east-northeast. . ) ' w r~ v ~ ~ ~ _ ~ EXIII~IT C» - ~ ~;i'p , , ~ ~ ~ 1~EZ®NING EX~II~IT _ _ ~ ~ ~ _ SITE PLAN f r _ N M _ . 4• ~~~~f~ . _ l!:~~: ~ <F[[dY a3•T~ ~;ANEHJA STREET ~ iT=r': o- ) _ ~ IN..i Z )NT ;i 0 0 r a~ c Y • a, 'o • j 3 ~ S H ~ y O • ~ ~ O ~ o O ~ ~ C p o ~ L~J ~ 4~1 O x ~p . e 4 N ~ 3 h00 ~ o ~ U - ~ ClJW Om v W c c° W ° ~ c~ ~ O 47 Q U 2 ~:v 4)V ~ "Q 2 O e 2 3 .j~~ N ' o OJ ~ ~ Nog ~ N Q CO z O ; i° 1 h r.' N ~ ~ ~ ~ .f u°~ C~ ~ Q ~ h v°~ ~ a ¢ ~i e t. , o n N a ~~x ` a s CL~~ 111 • z Q ~ ` g; ; E ~ sl~ ' • a ~F - ._._.-.---gror__------~-' .mrrsr ~s"~ pp~ fi ! ~;f M~~~l~~ 1~IV"1°`I~PF~I~1;S, ~.,Lo,C Fb.O. fox 1 1 O 1 KA1Veu~1~< a-i.~1tYAt~ 96743 ~ ~ ~ September 11, 2001 Mr. Christopher Yuen Director Plaiuung Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: RECLASSIFICATION FIIOlO~I AGRICULTURAL TO RURAL CHANGE OE ZONE REQUEST RECLASSIFICATION FROlOI AGRICULTURAL NACRES , PIIEVI®USLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONEIa: PIiIL DELIVIER TAX 1VIAP I~EY (3) 6-2-11:0093 Dear Mr. Yuen: I submitted the applications identified above on July 16, 2001. Your staff notified me that the property was owned by both Phil and Diane Delmer. The applications were only signed by Phil Delmer. Please find enclosed a letter of authorization to process the applications identified above, signed by both Phil and Diane Delmer. Should you or your staff require any additional information, please contact me directly. Thank you for your prompt review of these applications. Since ely, i, Grego Doers President G1ZM:JY enclosure PHONE: (808) 885-6839 FAX: (80S) 885-1574 EMAIL: GMOOEf2SC~ATTGLOBAL.NET September 4, 2001 Mooers Enterprises, LLC PO Box 1101 I~amuela, Hawaii 96743 Attention: Mr. Greg Mooers Subject: TMI{: (3) 6-2-11:008 Rezoning and Boundary Amendment Dear Greg, Please accept this letter as authorization to act in our joint behalf representing us in the boundary amendment and the rezoning of our property located in Anekona Estates Subdivision, South I{ohala, Island of I-€awaii, TMI~: (3) 6-2-11:008. Should you have any questions or need additional information please feel free to contact us at 412-431-2650. Sincerely; Diane Delmer f ~ ~ Phil Delrr~er ; . ,t, . t~00M4 1~~.Y _ ` ~ `1 ~as _ ~ 9¢Ca s'dq° e ~4 6a Jr~,~ 3~~a8X ~ N~o j_ ~ ~ ~ i:. lip ; "es ee.ps j iaj O • Q ~ ~ ~ 7 jp j ~ t ~ , ~ j o x _ _ ~ v P ` y P . 1= F e p ~ ' ~ !f ~ ~ ~ ~ ~ ~ 8 ~ ~ ~ ..d ~ ~ i4 ~t ~1 n ~ ~ a pp°~q~ -I ~ IW ~ ~ / a s.e •v fF S n w <naiart ~ Y ~ ! IS ~ ~ ~ m ~ ~ ~ - i ~ ~ 4. ~ .7~ $ { ~ e 3 ' i g ~ ~ i ~ ~ A ~ 9yy~ L J • 1. L ~ O ~ s ~ ~ ~ P y ' ` • ~'t , si , 1 ems.( r ? s ~ Z 1t aV " ~y O ~ ~6 • ]l` ~ a ~.=~,.:0 i f ~ , O ~ . ' s i . $ ° e ~ ~ la i 1 = , i ~ ~ 3 • 7. ~ ~ i .I~ ' _ r ~ $ ~ 3 ~ o t ~ e Y a 4 B a ~ u o ~ \ y ) ^f 1 ~ ~ ~ ¦ P'- ' ` ~ • ? a ~I a - ~~cra~.zntea. c y. I o~ ~ o `IO ~8~3~;: s ~e~ ~ ~o~~ ~ I / ~DflYia~ \ ppI/ldpB1 ` d.e j?'7d I a r y~`~° " ~2a ~ WS or! ~ / ' js~ ~ :~,t ~ 1 Q ~ ~ ¢ as ~ ? ®af i ~ i ~ i1w ` NB + { ~ , • O i ~ ~ ~ Pe ~ t O asl ~ _ ~ =s ~ i e 8 • ~ o O j ~ { Z ~ _ /r' ~ " o I i M ~ t C ~ N • ® _ 8 ~ ~ ~ q ~ 1 p ~ ~0 ? i o N P g s~ ~ ~ 1 N O $ya ~ ~ c j ~ a ~ C ~ Q W 3 2 a-o ~ ~ ~ rob ~ v e `A° ~ ~ i t x t ~ ~ ~ . ~8 f ' : ti • ~ - l~ aal y'o as 4.psgi9 ,f,gy,~v yy /Rw ..a ~ e ti } tI e O li p 3 v < li I ' d reosa pgp11 \ J ae~.'_ \ yf O 2 ` k mr taco m° awn teal.. rrns ~ t~~~~ 4 ti o~ A : Ay a ;f i v i ' 'o V r ~V A~ h Q t - I or ~ r ~ O b , 2 Y`- ! $ e ~ ~ 1 ~ i y r z ~ r ~ ~ T~ • ~ ! 6 • • D t ~ A ~ ~ 5 i R ~ ~ t Y ~ w `,t ~ Z e• t +w~ u ~ ~ i ~ m s ! ; ' v ' B N M 4 t ' ~ Y ~ s t ~ •i i ti j{ °'O ~ S YYs ~ i ~ s~ ~ O •,,S Q ~ : i ~ • h ~ ~ 1 ~ ~ ~ P .n ' - Be b F~0 ~ 'e. a am i t o ,ri i ~ i .t : a~ J ~ L~~ ~ ~ ~ t ` ~r• /•rh M - -'pdiiY2!'w~'-il'ea .--Ti09-4`~ 9'a¢ «ii r 7 BENJAMIN J. CAYETANO o c BRIAN K. MINAAI aOVERNOR ? 9y. DIRECTOR ,l r e ~958`y~ h~+ ~ ' - 1 DEPUTY DIRECTORS ~ , ~.q ~ ; f.LENN M. OKIMOTO JADINE Y. URASAKI FEW O'CiW PBK IN REPLY REFER TO: ®~PllBTdIAEiVT OF TRARBSPOFiTATION L,y 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813-5097 _ s , 2.4494 OCR ~ 6 2001 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: SLU 01-009, Agricultural to Urban REZ 01-017, A-Sato RA-21 Applicant: Phil Delmar TMK: 6-2-11: 008, Anekona Estates Subdivision Ouli, South Kohala, Island of Hawaii Department of Transportation, Highways Division Thank you for transmitting the subject application for our review and comments. We have the following comments: 1. The proposed 2-lot subdivision by itself should not result in any significant impacts on our State highway facilities. However, we view the application as a precedent leading to greater housing density and ~~ehic~alar traffic. If more of these 2-lct subdivisions are per-~~itted, tb~eir cumulative effects will result in increased traffic and safety impacts at the intersection of our Waimea-Kawaihae Road with Anekona Street. 2. We understand that you are aware of this problem and are presently investigating the possibility of having all of the subdivision owners share the cost of any needed highway improvements such as channelizing and illuminating intersections. 3. For further information in determining the needed roadway improvements, please contact and coordinate with our District Office in Hilo. Mr. Christopher J. Yuen HWY-PS 2.4494 Page 2 4. The applicant should be informed that a 10-foot wide planting screen easement should be provided along Kawaihae Road and that the property's frontage to Kawaihae Road should be marked as "No Access Permitted". If you have any questions, please contact Ronald Tsuzuki, Head planning Engineer, Highways Division, at 587-1830. Very truly yours, ~ BRIAN K. MINAAI Director of Transportation t~ O FYyq .lP/ t558 a 1i BENJA9NIfd J. CAYETANO iv. ~ ANTHONY J.H. CHING GOVERNOR ~ - EXECUTIVE OFFICER ..1,6,.;M1 +.r de~^o.®, ..-...,tam aw•s DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM I-~V~CP USA COBUS@UIISSI®(~! i?, P.O. Box 2359 Honolulu, HI 96804-2359 _,2_ Telephone: 808-587-3822 Fax: 808-587-3827 October 18, 2001 Mr. Christopher J. Yuen, Planning Director Planning Department County of I-bawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: State Land Use Boundary Amendment Application (SLU 01-009) Request: Agricultural to Rural Change of Zone Application (REZ 01-017) Request: A-5a to RA-2a Applicant: Phil Delmer TMK No: (3) 6-2-011:008 Ouli, South Kohala, Hawaii We have reviewed the subject applications as transmitted by your memorandum dated September 21, 2001, for the subject reclassification and change of zone to subdivide the existing parcel into two parcels at Ouli, South Kohala, I-lawaii. Based upon our review of the subject applications, we have the following comments: 1. It appears that the subject parcel is within the State Land Use Agricultural District as described in the subject applications. rp~)~ ~ ~ Mr. Christopher J. Yuen, Director October 18, 2001 Page 2 2. Based upon our records, the County of Hawaii Planning Commission (Planning Commission) has already acted upon reclassification and rezoning applications for projects under 15 acres in this area. These previous actions involved parcels in the Kanehoa and Anekona subdivisions. Subsequent actions in this area have already been approved for rural settlement purposes and appear to be consistent with the objectives of the General Plan. 3. Given the location, scope and nature of the project, we defer to the Planning Commission and the Planning Department to ensure that the development of rural settlements are in conformance with Chapters 205 and 205A, Hawaii Revised Statutes and maintain the rural character of the South Kohala region. Thank you for the opportunity to provide comment on the subject application. Should you require clarification or further assistance in this matter, please contact Russell Kumabe of my staff at (808) 587-3822. Sincerely, ANTHONY T HING Pxecutive Officer M®®125 ~(~97-~I~~F~I~I~S, ~tqC ~®x 1 1 O 1 I{~A,1BJE[~!, ~AV96e~€€ 96~a43 - October 30, 2001 ~ ~ 4~~ Mr. Christopher Yuen, Director Planning Department County of Hawaii 25 Aupuni Street €~Iilo, Hawaii 96720 Ike: State i :lad Jse ~3;;rdary Amendmnerat Appli`~.tiu>u (Si,u' Oi-a"v9) Change ®f Zmne Applicati®n (fl811Z 01-017) Applaeants: I'IDiI Delmer Tax 1lViap Key: 6-2-11:008 Dear Mr. Yuen: Your staff faxed comments from agencies on the applications identified above and asked that I respond. Please find below the responses to each comment. By copy of this letter I am notifying each agency of our response to their comments. Ilepartanent ®f I~srblic dV®rks: The applicant will comply with the comments on drainage, earthwork, grading. I note that the subdivision roadway design has been deemed acceptable for the numerous identical rezonings in this area and the applicant does not believe additional improvements to Kanehoa Street are warranted. Iepartment of wealth: The applicant will comply with the requirements that individual wastewater treatment systems meet their standards as related to the Critical Wastewater Disposal Area. Department of ~°ransportation: Tl:c, appllca.^ii antHCipau.;i and accepts the CGriditlGn iI11~USeu ul7 Otller Jln';L1dr I'eLOn1ngS In th1S subdivision that requires the participation in the cost of improvements to intersections serving this subdivision as determined by the Planning Director. The applicant accepts the no access requirement for the property from Kawaihae Road. Access to the property is and shall remain from Kanehoa Street. If you 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, ~Ifi Grego . Mooers President ' PHONE: (808) 885-6839 i ~ ~~c'1 ~r~~' FAx: (808) 885-1 574 EMAIL: GMOOErtS@ATTGLOBAL.i4ET