HomeMy WebLinkAboutCOM 0573.000 2000-2002 ~stl ~
~€arry Dixie Kaetsu
Mayor ~ Managing Director
•
Petelr `r. Youmg
~~ov~s~~ _ deputy Maraa~ing Director
~ 'x,11
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fa~"(40$) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663
March 25, 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:
~iyale I.a~~d t Bc~<~~3d~r~ .:~<n~;? ~~l~plication (SLU 01-412)
P ~~u~:~v: r~ ~ ~•<cult~~~l to I~~<':
~'l~~n¢c ref ,~`sp;;licatikr~° ~'P.=~~ O1-t~23)
Rtr~~~S~n(~~; :c^^:t~ .~r(~l frrAyy~~ ~a.l ~~~.~~Si 5 i~l ~i Agricultural (RA-2a)
T~~: ~~~~~:p 6-2T11:26
Street Names -North Kohala District
Street Name - Polinahe Way
1997 Hawaii Land Partnership (SUB 7134)
TMK: 7-3-059 (formerly 7-3-005:009)
Street Name - Konawaena School Road
Onouli and Kalukalu
South Kona, Hawaii
Street Names
Keauhou View Estates, Unit I Phases N, V, & VI
TMK: (3) 7-7-026:027 & 7-7-025:Por. 080 (SUB 7202-C,7202-D, 7202-E)
Street Names
Kahauloa House Lots Subdivision ,
Kahauloa ls`, South Kona C°~tm. Na=
Ref. ~C~ate ~ ~ ZQO~
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
March 25, 2002
Amendment to Chapter 25 (Zoning Code)
Relating t0 De Mrrrr~truc re Pos~~on Discrepancy
As required by Chapter 4, Sec. 6-4.3(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,
arry
KiG~~
Mayor
L022502may
Enclosures
cc: Planning Department
Ha Kim ~,~,ey,®c
M ~ „ ' ~~~Q Geraldine M Giffn
~e'., Chairperson
~l
qTa ~.MPye
PLANNING CO1VLdIISSION
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 01-412)
Request: Agricultural to Rural
Change of Zone Application (REZ 01-023)
Request: Agricultural (A-Sa) to Residential & Agricultural (RA-2a)
Applicant: Thomas C. and F. Ann Hill
Tax Map Key: 6-2-11:26
The Planning Commission, after a duly held public hearing on February 25, 2002, voted to
recommend for your approval the proposed legislative bills to change the State Land Use district
from the Agricultural to Rural District and a Change of Zone changing the district classification
from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.248 acres
of land. The property is located in Anekona Estates Subdivision, approximately 3/8`'' of a mile
south of Kawaihae Road, at the end of Aho Place and bordered by Keanuiomano Stream, Ouli,
South Kohala, Hawaii.
The Commission concurs with the following findings as recommended by the Planning Director:
State Land Use >Soundary Aanendcnent
The applicants are requesting a State Land Use District Boundary Amendment
from an Agricultural to a Rural district for approximately 5.248 acres of land in order to
subdivide the property into two lots, each with minimum two acres in size. 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 was created on October 23, 1990 as one of the original 36 lots of the
Anekona Estates Subdivision. The subdivision presently consists of 42 parcels.
According to Planning Department records, Ohana Dwelling Permits were approved for
12 lots. According to Real Property Tax records, 141ots have Condominium Property
Regimes (CPRs), including the subject property. The property was previously utilized
for cattle grazing and currently not used for any agricultural activities. It has an existing
dwelling situated near the front portion of the parcel. Immediately adjacent lands to the
east and west of the property are parcels that have been recently redesignated to Rural and
zoned Residential and Agricultural (RA-2a) by the County. However, the adjacent
parcels to the north are 5+-acre parcels that are within the State Agricultural District and
are zoned Agricultural (A-Sa) by the County. These lands include mixed residential uses
and/or vacant lands. 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, presently consists of 28
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 lots, is located across the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
Kawaihae Road and further to the northeast. These subdivisions include mixed
residential uses, vacant lands, and very few residentiaUagricultural 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 minimum
10,000 square foot lots, are located to the west (makai) of Anekona Estates and are
designated State Land Use Urban District. The Hale Wailani property is also situated
adjacent to and west of Anekona Estates Subdivision and the housing projects. It is
currently zoned A-1 a and the developer proposes a 49-lot subdivision, with lots minimum
two acres in size.
From 1998 to present, the County Council approved similar requests for a State
Land Use Houndary Amendment from an Agricultural to Rural District and a Change of
Zone from A-Sato RA-2a for eleven 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 four 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.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
Permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All agricultural related uses
permitted under section 15-15-25 relating to agricultural uses; (2) Low-density
residential lots of not more than one dwelling house per one-half acre, except as provided
by County ordinance pursuant to Section 46-4(c), HRS. The commission for good cause
may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an
equivalent residential density, provided all other lots in the subdivision have the
minimum lot size of one-half acre. A petition for variance may be processed under the
special permit procedure pursuant to subchapter 12. This exception shall apply to lots of
record existing prior to January 1, 1977, and of not more than two acres. There shall be
no more than one single-family dwelling per one-half acre, except as may be provided for
in this section."
The proposed boundary amendment is for similar residential-agricultural uses that
are compatible to the Rural designation. The applicants have stated that the 5.248 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
The proposed Rural boundary amendment request would be consistent with the
Land Use Element of the General Plan. Land use is one of the principal focal points of
public concern and policy. The Land Use Element provides the primary basis for direct
control and guidance of publicly and privately owned resources. It is also intended to be
used as a policy guide for the coordinated growth and development of all sectors of the
County. It sets forth goals, policies, standards and courses of action to accommodate
growth without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use and
Agriculture goals, policies and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents. These state the following:
LAND USE and AGRICULTURE
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zoning request shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zone
uses, availability of public services and utilities, access, and public need.
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed Rural boundary amendment request would also complement the following
goals, policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
HOUSING
• Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
• Attain adiversity of socio-economic housing mix throughout the different parts of
the County.
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
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.
i=Ionorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
• The County shall incorporate reasonable flexibility in codes and ordinances to
achieve adiversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The proposed Rural boundary request also conforms to the Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area for Extensive Agricultural.
The Extensive Agricultural designation is consistent with the rural, low-density form
depicted on the LUPAG Map for this area of South Kohala. Further, it should be noted
that the County is currently conducting a comprehensive review update to the General
Plan. One of the proposed amendments to the LUPAG Map is to change the designation
for certain areas, including the Anekona Estates Subdivision, on both sides of the
Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently
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. Direct access to the property is from Aho Place, a
cul-de-sac. Access to the property from Kawaihae Road is via Anekona Street, Kanehoa
Street and Aho Place. Aho Place, Anekona Street and Kanehoa Street have rights-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 a portion of the adjacent Kanehoa Subdivision. The Department of
Water Supply states that there are two 1-inch service laterals, both of which have a 5/8-
inch meter. Each of the meters will be required to front the proposed parcels they are to
serve. Similar to other parcels in the subdivision, the property is situated within the
Critical Wastewater Disposal Area. Therefore, the applicants would be required to
dispose wastewater into a septic tank system. Underground electrical, telephone and
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
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 applicants' request for a State Land Use
Rural District and the request for a Residential and Agricultural (RA-2a) zoned district,
the applicants would normally be allowed to apply for an Ohana Dwelling Permit, which
would allow the construction 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 applicants to create a second lot, there would be
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, it is recommended that a condition be
included in the change of zone ordinance 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 103 feet wide
drainage easement runs along Keanuiomano Stream, the Federal Emergency Management
Agency Flood Insurance Rate Map (FIRM) designates a major portion of the property as
Zone X, areas determined to be outside of the 500-year flood plain.
While the property is within the State Land Use Agricultural and County's
Agricultural - Sa zoned districts, it is not currently being used for active agricultural
purposes. The property was created on October 23, 1990 as one of the original 36 lots of
the Anekona Estates Subdivision. The property was previously utilized for cattle grazing.
Presently there is an existing dwelling, and the property is currently not used for any
agricultural activities. The property is unclassified by the Agricultural Lands of
Importance to the State of Hawaii (ALISH) System. Soils within the property and
surrounding area are classified as "E" or "Very Poor" for agricultural productivity by the
Land Study Bureau. While the potential for intensive and/or extensive agricultural uses
may exist, the soil conditions within the property and surrounding area would preclude
such intensive agricultural activities from being conducted without a significant amount
of effort. A smaller parcel size may provide for increased opportunities for some
agricultural activities to be conducted upon these types of soils.
Because the property and surrounding area have been previously grazed by cattle
and extensively altered with agriculturaUurban development, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the
property, nor has the area been identified as a significant botanical or biological habitat.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
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 request 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 request will not adversely impact recreational resources,
including access to and along the shoreline or to mountain areas, scenic and open space
vistas, visual resources to the shoreline, coastal ecosystems and marine coastal
ecosystems.
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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
(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.
The accompanying draft bill to amend the State Land Use Boundaries Map H-14 for the
County of Hawaii is provided for your favorable consideration.
Change of Zone
The applicants are requesting a Change of Zone from an Agricultural (A-Sa) to a
Residential and Agricultural (RA-2a) zoned district for approximately 5.248 acres of land
in order to subdivide the property into two lots, each a minimum 2 acres in size. An
existing dwelling is situated near the front portion of the parcel. 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
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
follo~t,~ing:
LAID USE and AGRICULTURE
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zoning request shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zone
uses, availability of public services and utilities, access, and public need.
• Zone urban- and rural- types of uses in areas with ease of access to community
services and ,mployment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed change of zone request would also complement the following goals,
policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
HOUSING
• Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
• Attain adiversity ofsocio-economic housing mix throughout the different parts of
the County.
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
SINGLE-FAMILY RESIDENTIAL
• To maximize choices ofsingle-family residential lots and/or housing for residents
of the County.
• To ensure compatible uses within and adjacent to single-family residential zoned
areas.
• To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
• The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 12
• 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. 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 Araekona
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 Araekona and Kanehoa
Subdivisions to State Land Use Rural district and Residential-Agricultural zoning.
Thercfore, 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,
Immediately adjacent lands to the east and west of the property are parcels that
have been recently redesignated to Rural and zoned Residential and Agricultural (RA-2a)
by the County. However, the adjacent parcels to the north are 5+-acre parcels that are
within the State Agricultural District and are zoned Agricultural (A-Sa) by the Lounty.
These lands include mixed residential uses and/or vacant lands. 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, presently consists of 28 lots, is located immediately to the east
of Araekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of 10
lots, is located further to the east; and the Waimea Landmark Estates Subdivision,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 13
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.
The Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and
the Ouli Mutual Self Help Housing 40-lot Subdivision project, consisting of minimum
10,000 square foot lots, are located to the west (makai) of Anekona Estates and are
designated State Land Use Urban District. The Hale Wailani property is also situated
adjacent to and west of Anekona Estates Subdivision and the housing projects. It is
currently zoned A-1 a and the developer proposes a ~49-lot subdivision, with lots minimum
two acres in size.
From 1998 to present, the County Council approved similar requests for a State
Land Use Boundary Amendment from an Agricultural to Rural District and a Change of
Zone from A-Sato RA-2a for eleven parcels in the Anekona Estates Subdivision. Similar
land use changes were approved for three parcels in the Kanehoa Subdivision. Of those
5+_-acre parcels, :,fight parcels have secured Final Subdivision Approval, and four parcels
have been granted Tentative Subdivision Approval. In October 1996, the County Council
also approved the reclassification 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.
The property was created on October 23, 1990 as one of the original 36 lots of the
Anekona Estates Subdivision. The subdivision presently consists of 42 parcels,
According to Planning Department records, Ohana Dwelling Permits were approved for
12 lots in the Anekona Estates Subdivision. According to Real Property Tax Division
records, 1~1 lots have been encumbered with Condominium Property Regimes (CPRs).
Of th; 261ots in the Kanehoa Subdivision, the Planning Department records Ohana
Dwelling Permits approved for 16 lots, and Real Property Tax Division records CPRs for
14 lots. The <Anekona Estates Subdivision as well as the Kanehoa Subdivision are a
mixture of residences and limited agricultural activities, and vacant lands.
Should the County Council approve the applicants' request for a State Land Use
Rural District and the request for a Residential and Agricultural (RA-2a) zoned district,
the applicants would normally be allowed to apply for an Ohana Dwelling Permit, which
woukJ allow the construction of a second dwelling unit as a separate or attached unit on
both lots. Due to the fact that dais subject request will allow the existing parcel to be
subdivided and subsequently, allow the applicants to create a second lot, we would be
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 14
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 allo :v four (4)
homes may contribute to a cumulative burden on the existing infrastructure (road, water,
etc.) ,~rhich cannot be supported. Therefore, it is recommended that a condition be
included in the ordinance 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. Although a 103 feet wide drainage easement runs along the
Keanuiomano Stream, the Federal Emergency Management Agency Flood Insurance
Rate Map (FIRM) designates a major portion of the property as Zone X, an are:
deterx:~ined 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 preclud:, 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.
The primary access for Anekona Estates from Kawaihae Road is via Anekona
Street. Direct access to the property is from Aho Place, a cul-de-sac. Access to the
property from Kawaihae Road is via Anekona Street, Kanehoa Street and Aho Place.
Aho Place, Anekona Street and Kanehoa Street have rights-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 a portion
of the adjacent Kanehoa Subdivision. Since similar changes of zone may occur
throw out the Anekona 1lstates 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 service
laterals, both of which has a 5/8-inch meter. Each of the meters will be required to front
the proposed parcel they are to serve. Similar to other properties in the subdivision, the
parcel is situated within the Critical Wastewater Disposal Area and therefore, the
applicants would be required to dispose wastewater into a septic tank system.
Underground electrical, telephone and cable services are available to the property.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 15
The subject request 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 request 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.
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.
The accompanying draft bill to of Chapter 25, Zoning Code, of the Hawaii County Code,
is provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
For your favorable consideration, an amendment to the SLU Boundaries Map H-14 and
Section 25-8-7 (North and South Kohala Districts Zone Map) are transmitted.
We are enclosing a copy of the staff background for your information.
Si,#~cerely,
,t~
`Geraldine M. Giffin, Chairman
Planning Commission
Enclosures
cc: Mr. Gregory R. Mooers
Thomas and Ann Hill
Department of Water Supply
Department of Public Works
Brian Minaai/DOT-Highways, Honolulu
State Land Use Commission
Planning Department -Kona
BHi1101agk-2/12/02
`I'IIOIVIAS C. t~I~ A1m1N ILL
STAT`~ LAl~~ USL BOUNDARY A~ILNI)1VIENT t~PPLICA~'ION (SLU 01-012)
CI-IANOL O ZONE APPLICAT'Itll~' Z 01-023)
'1C~IOl~~S C. ~ 1F'. ANI~i HILL have submitted applications for a State Land Use
13oundary Aarendmen± from Agricultural to Rural District and a Change of Zone by changing the
district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for
approximately 5.248 acres of land. `The property is located in Anekona Estates Subdivision,
approximately 3/8th of a mile south of Kawaihae Road, at the end of Aho Place and bordered by
Keanuiomano stream, ®uli, South Kohala, Hawaii, TMK: 6-2-11:26.
CENEIL. I~OI~~'I"ION
1. Lind Ownership: The Bill Family Trust and Mark N. Hohnes are the landowners of the
subject property. All owners have signed the applications.
PItOPOSLI3 DL~.OP1NT'
2. Resla~est: The applicants arc requesting a State Land Use District 13oundary 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 5.248
acres of land. The applicants propose to subdivide the property into two lots, each with
minimum 2 acres in size. Arz existing dwelling is situated near the front portion of the
parcel.
3. Supportive Inf®rmatiol~: fihe applicant has submitted the following in support of the
request: (See Lxhil~it A -State Lanai Use ~ounclary Aanendllnent and Change ®f
Z®ne ~3plicati®ns)
STATE ANIl COUN'T`Y PLANS
4. State Land Use District: Agricultural.
5. I-Iawvaia State Plan Consistency: Socio-Cultural Advancement (Housing) objectives and
policies:
6. Cenera~l Pla» Consistency: Goals, policies and courses of action of the Land Use,
Agriculture, Residential, and Housing Elements for South Kohala.
1'
7. General Plan Land Use ~atteru Allocation Guide (LUPAG)1o'tap: 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 flan. (3ne
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 ysExtensive 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 ~~,~here no cuff cient studies were conducted to adopt specific district classification.
The Unplanned district perx°nitt~id 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. Gl~aua I)vvelliugs: Ghana dwellings can be applied for with the new proposed State
Land Lase 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 froa~n the nearest coastline.
11. Coastal Zone 1~Ia~aagernent, tIRS 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.
~ESCR~~~'~fll~T GF SU~JEC'I' I'1~€~~1~ItTY A1mTD SUIT®U1~113ING AREA
12. Subject Prssperty: The subject p~perty is a flag lot with a total area of 5.248 acres. The
properrt~r was previously utilized for cattle grazing. It has an existing dwelling situated
near the front portion of the parcel and is currently not used for any agricultural activities.
An approximate 103.5 fcet wide drainage easement, consisting about 1.03 acres, runs
along and parallel to Keanuiomano Stream.
-2-
13. Aneka~na Estates: The property was created on October 23, 1990 as one of the original
361ots of the Anekona Estates Subdivision. The subdivision presently consists of 42
parcela. According to Planning Department records, Ohana Dwelling Permits were
approved for 121ots. According to Real Property Tax records, 141ots have
Condominium Property Regimes (CPRs), including the subject property.
14. I~aneboa Subdivisi®n: Of the 26 lots in this subdivision, created on Apri129, 1985,
Ohana Dwelling Permits were approved for 16 lots. According to Real Property Tax
records, 14 lots have Condominium Property Regimes (CPRs).
15. Adjacent I.dand Uses: Imxr€ediately adjacent lands to the east and west of the property
are parcels that have been recently redesignated to Rural and zoned Residential and
Agricultural (RA-2a) by the County. However, the adjacent parcels to the north are
5+-acre parcels that are within the State Agricultural District and are zoned Agricultural
(A-Sa) by the County. These lands include mixed residential uses and/or vacant lands.
16. Snrroundg ~oninglL~nd Uses: 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,
presently consists of 28 lots, is located immediately to the east of Anekona Estates
Subdi~.~ision; the Kamuela Plantations Subdivision, consisting of l O lots, is located i~.zrther
to the east; and the ~IJaimea Landmark Estates Subdivision, consisting of 261ots, is
located across the Kawaih~e Road and further to the northeast. These subdivisions
include mixed residential uses, `recant 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-urnt
affordable rental housing project, constructed in 1995, and the Ouli 1blutual Self I-Ielp
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 ~vFailani 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.
-3-
17. Previous Appr®vals: prom 1998 to present, the County Council approved similar
requests for a State Land Use Boundary Amendment from an Agricultural to Dural
District and a Change of Zone from A-Sato RA-2a for eleven parcels in the Anekona
Estates Subdivision. Similar land use changes were approved for three parcels in the
I~anehoa Subdivision. Qf those 5+-acre parcels, eight parcels have secured Final
Subdivision Approval, and four parcels have been granted Tentative Subdivision
Approval. In Qctober 1936, the County Council also approved the reclassification of two
5-acre parcels within the I~umuela Plantations Subdivision to State Land Use Dural
District. (See Eaclgiiait ~ -Tax fey baps)
18. Agricultural Trends of Irnparr°tt~~ce to tlae State ®#'Ilawaii (AI.ISI.1~ System: The
properly and surrounding area arc "Unclassified" on the State Department of
Agriculture's ALIS1rI Map.
19. Land St~edy Ba~reau's I~etaiied band Classifieati®n System: Soils within the property
and surrounding area arc classified as "E" or "Very Poor" for agricultural productivity.
20. U.S. Soli Sairvey: The soils are classified as Puu Pa extremely stony very fine sandy
loasri (PVD), 6 to 20 percent slopes. The surface layer is very dark brown extremely
stony ~,£ery fine sandy loam about 5 inches thick. The next layer is dark-brown and dark,
yellowish-brown very f ne sandy loam about 34 inches thick. It is underlain by
fragmental A`a lava. Permeability is moderately rapid, runoff is medium, and the erosion
hazard is moderate. These soils are used for pasture.
21. ~I~.'VI: A portion of the property is located within Zone X, area determined to be outside
the 500-year flood plain, As previously stated, a 103 feet wide drainage easement runs
along and parallel to I~eanuiomano Stream.
22. ~loralaiana Ices®a~rces: According to the applicants' environmental report, an existing
dwellia~,~ is situated near the front portion of the property and the remaining area is
undeveloped and barren except for a few grasses and weeds. The natural vegetation
occurring on the property consists of bermudagrass, swollen fingergrass, Lantana, ilima
and cactus. 1\Io 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 ~.rea.
-4~
23. Arches®logical Res®urces: According to the applicants' environmental report, the
property was previously grazed by cattle and extensively graded for development. No
archaeological, cultural or historic sites aze known to be located on the property.
Neveheless, a condition will be included to require the notification of the Department of
Land end Natural Resources-Historic Preservation Division should any archaeological
sites be encountered during the course of development.
24. Cnltural ®r Dative Gathering Rights: According to the applicants, there are no valued
culture', historical or native resources nor has any traditional and customary native
irlawaiian rights been practiced in the area,
25. Pt~biic Access: There is no public access to the mountains or the shoreline that traverses
the prs~perty.
PU1~LI~ UTILITIES A19T1~ S1~RVIC~S
26. Roadway: The primary access for Anekona Estates from I~awaihae Road is via
Anekona Street. Direct access to the property is from Aho Place, a cul-de-sac. Access to
the property from Kawaihae Road is via Anekona Street, I~anehoa Street and Aho Place.
Aho Place, Anekona Street and ~anehoa Street have aright-of--way width of 50 feet with
a 20-foot and 8-inches wide agricultural standazd pavement, asphalt paving and
grass/gravel shoulders. It should be pointed out that I~anehoa Street is a connector road
into the adjacent I~anehoa Subdivision.
27. Water: The Department of Water Supply states that the subject pazcel has two 1-inch
service. laterals, both of which have a 5/8-inch meter. Each of the meters shall front the
proposed parcel they are to serve,
28. Wastewater: There is no municipal sewer system in the area, Similaz to other properties
in the subdivision, the property is situated within a Critical Wastewater Disposal Area.
Therefore, the, applicants would' required to dispose wastewater into a septic tank
system.
29. Utilities: Underground electrical, telephone and cable services are available to the
property.
30. Policef~`ire 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
-5-
commercial center for this portion of South Kohala.
31. Itecreati®nal Facilities: 'The Waimea Park and Anuenue Playground are located
approximately 6 miles east of the property. Spencer Beach Park is located approximately
~~+r~v77~~T~~~6++ggm~~++iles~tao t}~h~yegwe~sptT.
A131~1\i..SS~Sg C®1~11iB~1\~S
32. Depa~trne~et of Public `~~arks ~~eceffiaber 20, 2001 1Vlean®):
"VVe h~.ve reviewed the subject application and our comments are as follows:
1. All development generated rcinoff 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 I-Iawaii County Code.
3. `The access road fronting the subject property is private.
4. Portions of the project area are within the Keanuiomanu Stream drainage
easement; identify the easement boundaries on the plans."
33. Depart~aent of Fnviron~ne~atal l~aage~aeaat-S®lid waste 1)ivisi®a~ (December 13,
2001 demo):
"We have reviewed the subject application and have no comments to offer."
34. Delaarrtnne~at oaf Water SuPPiS' (December 2E, 2001 11~ena®):
"~1e have reviewed the subject application for the proposed State Land Use Boundary
Amendment and Change of Zone and have the following comment and condition.
"Inasmuch as the subject parcel has two 1-inch service laterals, both of which have a
Sf8-inch meter, we have no objections to this application for an ultimate twonlot
subdivision. I~owever, ~,ach of
the meters shall front the proposed parcel they are to
serve."
35. P~slice Departanesat (Janua~ 3, 20021~eaxa®):
"Staff leas reviewed the above-referenced application and found that there are no
concerns regarding the prop~ssed zone change of this property."
36. Fire Department (I3ece~nber 20~ 2001 lblem®):
"Vve have no comments ~-egardiasg the above-referenced State Land Use Boundary
Amenclanaent and Change of Zone Applications."
37. IBepart~nent of Land and l~atural 1Zes®urces-Land Divisi®n (January 25, 202
Letter)a
"'T'hank you for the opportunity to review and comment on the subject application.
-6-
"A copy of the application document was transmitted to the following Department of
Land .and Natural Resources' Division for their review and comment:
- historic Preservation Division
- Commission on Water Resource 1lilanagement
- Land Division 1•rngincering 13ranch
- Land Division Planning and Technical Services
- Land Division Hawaii District Land Office
Land Division 1?ngineering branch comments:
"We confiirrn that the project, according to FEMA Community Panel number
150030 03531x, dated November 20, 3000, is located in done X. 'This. is an area
determined to be outside 500-year flood plain (Not shaded).
"Ilowever, if further studies determined that the project site is within the flood
zone, the project roust comply with rules and regulations of the National Flood
Insurance Program (NF'IP) and all applicable County Flood Ordinances.. If there
are questions regarding the NFIP, please contact the State Coordinator, Sterling
Yong, of the Department of Land and Natural Resources at 587-028. If there
are questions, regarding flood ordinances, please contact the applicable County
representative."
"The Department of Land and Natural Resources has no other comment to offer on the
subject matter.,,
38. I~cpa€~t~neffit of Lanad and Natural Res®urces-Dist®ric Preservati®n I)ivasi~s~
~~anua 2~ 2$1Q21~cIntB):
"We believe there are no historic properties present: residential
development/urbanizationhxs altered the land. Thus, we believe that `no historic
properties will be affected' by this undertaking.,,
39. I3epartnaent of Land and 1~latural Resources-Land 1Vlanageanent, Iiil®
~ecernber ~4, 2001 ~~emo):
66The I~~,NR Land Dlvflsfl®n ~ Dflstnct Branch) haS n0 comments regarding this
YeglleSt,ss
~0. I?epartmeaat of ~'ranslaortatior~ (~Ian~aary Z5, 2002 Letter):
"Thara~y you for requesting our review of the proposed land use boundary amendment and
change of zone application, 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 which may lead to greater
housing density and vehicular traffic. If more of these 2-lot subdivisions are
permitted, their cumulati
.=e effects will result in increased traffic and safety
-7-
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 lot owners share the cost of any needed
highway improvements such as channelizing and illuminating intersections.
3. 1~ or further information in determining the needed roadway improvements, please
contact and coordinate with our District Office in Hilo."
41. Land 1CTse Com~nissi®n ~3~ecernber 20, 2001 Letter):
"We have reviewed the subject applications forwarded by your memorandum dated
Decea~rsber 12, 2001, and canfirrn that the project site, as represented in Exhibit is
located within the boundary of the State Land Use Agricultural District.
"Given the location, scope, and nature of the proposed activity, the State Land Use
Commission defers to the judgment of the County of Hawaii in this matter. We have no
further. comrrbents to offer at this time. We appreciate the opportunity to comment on the
subject applications."
~2. Appllc~nt's Response to Department of Pubiac W®rks, and Lana Use CornaasSaon:
See L~:bflbat C ~an~aary 16, 202 Letter)
AGIEI®TCIES ~ 1®t® RLSP®1~15>l:
43. Real Property Tax, Office of Housing and Community Development, Department of
Health,. Waimea Community Association and Anekona Community Association
PUli1LIC COI~IIVII~I°++i~'S
A~4. Saaath 1~®hala Trattie Safety C~ammittee (December 20, 2001 Letter):
"We have reviewed the subject State Land Use Boundary Application ~SLU Ol-O1 ~ and
we have no objections or concerns.
"Thank you for the opportunity to comment on this application."
45. The Department has not received any written comments or objections from the general
public or adjacent landowners on the subject applications.
-8-
Fs.C3. i~ox 1 1 Q 1
KAP~dCl~lnr'4y ~'i~b`,dAII 96~~13
1 ~ ~a~l~~~ U . ~®iJl'~~JL-~Y~ 1 ~1~'1~1~1131~'1L' ~T~
~~~°i~i~~ral to ~~rai
CII'~IOI~J Off' :~Ol~~ ~PPIJICA7`IOI~
~:~~°i~i~~°i ~®~~~°e, Previously Un~la~eci
t~ esi~~r~~i~l ~~ri~uitu~°a12-acre
®wn ers
viii I`aily `Trust
~Iar~ 1~1. Iuirucs
'I`II: (3) 6-2-11:26
I.,o~ 26 Auc~ua I~~sta~cs Subdivision
Ouii, Saul I~~baia, Island ~f Uawaii, IIa~aii
~~bffi~ttea by:
~o®ers Enterprises, LLC
N€~e~eYnber 2001
~ ~
'r~HOtvE:'(808) 885-6839
FAX: (808) 885-1574
E"MAIL: GSvtOOERS@ATTGLOBAL.NET
SEP-11-01 TUE 0.9:40 AM Plan g.. Dept Kona. FAX,; 808 32735E PAGE 1
C19~ A~1~S ®R' S) ~~N
Y Pz~int.~ r~gse~d i~f®Yi®~s) .
P~TITI~7~2• Thomas C . n F . 'Ann H i 1 ~ L •
,
P~TITi~NR°'S SItiN~Tt1?. ~ -
!~T°~: ~1~ / O 1
!~1)DSS: 9409 Ke.nsin ton Ct.
Windsor California 9549'2:
~PETTTI~N~!S.IN1 7l° I~ NAT ®i~I~T~it: Own e.r ~ .
. ~`~I,~~~®I~: (~aas.)~_(7 0 7) 5 3 8,~0 4 4 7 (lteS.) ~ ~~X).!~ . .
L~NI?~17~IQI(S)• HY 11 Fa ' 1 Tr. ~~~t ~ and .M k ~ N ~H~ lures ~ ~ .
.I.~P~1DC3~!II~ SItaN1~'I°I~I . a ~ ~ ~ 1 • ~ ~T~•, 9 / 1 ~ . ~ .
. b~ y• cec
ADDRESS: ~4~09.'~Kensin ton Ct.,'
Mark N
- . ~ s~'ind~or, California 95492 ~ p
fI't4X~ I~t4P ~ 6 ~ 11:2 6
~TIt~T .~DI.~SS ®L
: Pxi{s~P~ •i : Lot 2 ~ A~ n' a k n r, ~ F ~ t a c ' ~ '
- ~(JPTING: ~ A 5 a SIZE'OF PR®P~RTY:_~~._24 R a ~ r P
' CURREI~7T STA7'l~ I.,~1P7I) USA 13IST'Cfi
~I,t~SSI~TCA1°I®N• A g r'i c u l t u r a l ~ '
RE~.i3PST~JD STATE LAND t3S~ ISIS aIC7° CI,~~SSIPICA,TI®1V: R u r a 1 ~ ~ .
-AC`aEPIT; G:re~~or~y ~'R.. ~fooers
. ~DDS~~1oo~`rs Fnte~rprises. ~ ~ ~ ~ ~ ' .
. . ~P:O.. ~Bo•x~ 11.01.
. ~amue~a,. _ Hawaii 96743:. .
T~,EPI~C?NE: (I~~as.)__ 8 8.5 - ~ ~ 9. ~ {Ites.)_ R R 5 - 7 1 ~ ~ (~a7C). 5 -1 5 7
PI~~.se indi~~te t~.v~rh® ~rigir~l ~orr~sp~a~d~aa~ aid c®pies sh®utd be sit.
®RIE~INAI,: h1 g o e r s C'QPI~S; .Thomas C. H i 11 & Mark A~
Holmes
(S~~ histructi®~s on Rev~rse.Side)
CHANGE OF ZONE AZ'I'I.~ICATION
COUNTY OF HAWAII
PI.ANIOTING 13E~A1~T1i~NT
(Type or legibly print the requested information)
APPLICANT: Thomas C n d F A n H i 11
APPLICANT'S SIGNATURE: E: 9 / 12 / O 1
ADDRESS: t?409 Kensington Ct _
Windsor California 95492
LIST APPLICANT'S INTEREST IP NOT OWNER: Owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PI-IONE:(13us.)~(.707 838-0447 (Res.) (Fax) 707 838-0426
LANDOWNER(S):1 F u M rk N H
LANDOWNER SIGNATURES : ~ ~ ~
O ATE: 9~ 1 2~ 0 1
(Tuley be by letter) "
LANDOWNER(S) ADDRESS: _ _ ~ p
P.O. Box 1501 Ka~au~la, lII 96743
REQUEST: A 5 a TO R A- 2 a
(Existing zoning) (Proposed Zonings
TAX MAP KEY:~~.~~2 ~ 1 ~ ~ ~
STREET ADDRESS OF PROPERTY: Lot 26 Anekona Estates Subdivision
SIZE OF PROPERTY OR AFFECTED AREA(S) TO EE REZONED : 5. 2 4 8 acre. s
AGENT: GreQOry R. Mooers
ADDRESS: Mooers Enterprises
B
Kar~uela Hawaii 46743
TELEPTIONE: (Eus 8 $ ~ - 6 8 g (Res 12_~ (Fax) S 8 5 -1 5 7 4
Please indicate to whom original correspondence and copies should be sent.
ORIGII'dAL: MuoerG COPIES: Thnma.~ Ni 11 anr~ Mark Ha1mPa
(See Instructions on Reverse Side)
_ _
_ _
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Y e s
If 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~.2 /~S
b. Into -what lot sizes?
acres
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? Immediate 1
d. Do you intend to build houses on the newly created lots? Y e s
If Yes:, please answer the following questions:
On how many of those lots? 2
At what approximate price range? House
Lot
Total 300 000
Approximately how long, after approval of the subdivision,
*aould the first house be available for occupancy? One home exists
Zf you intend to subdivide, please submit a preliminary schematic
..subdivision plan together with your change of zone application
form.
Please see the exhibits for the subdivision plan.
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)
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 •~xpect 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? YP~_____
How?
It wall allow the development of one additional
rural residential unit in this desirable area of
South Kohala.
4. Are there any buildings on the subject area? Y P c
If so, what kind? '
There is a single~°family home on one of the progased
lots and a small greenhouse on the other proopsed lot.
What do you intend to do with those buildings if your request is
approved?
The single-family home will remain and the greenhouse
wall be relocated or demolished.
5. Is the subject land currently being used for any agricultural activity? N o
If so, please list the kinds of products grown and on how many
square feet or acres. of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots?
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitablility of the proposed lot-size for that commodity?
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem.
on the subject area?
-N o
_ If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements? N o
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Y e s
9. ;ghat sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools _ X
b. Roads X
c. Sewer X
d. Drainage X
-3- '
Yes No
e. Police Protection X
f. Fire Protection X
g. Recreational Facilities R
h. Public Utilities X
i. Other
For those checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature:
Hill: 9409 Kensington Ct., Ylin~sor, CA 95492
Address : H o 1--~.-A. R-~Y -15111-K~u..e~-r- w T 9 F, 7~ 3
Telephone: Hill (707) 838-0447 Holmes 885-4948
Date: _9 12L01 _
-4-
STATE LAND USL DESIGNATION RECLASSIFICATION FIB®l~I
AGI~2I~UL~'URAL TO RURAL
CI~ANOE OF BONE REQUEST RECLASSIFICATION FI~OIVI
AOI~I~C'IJLTUR.AI., S-ACRES, PREVIOUSLY Ul®TPLANNIJD TO
RESIDIaI®TTIAL-ACRICUI..~`UI~AL 2-ACAS
PETI'I'I€INE.I~S: I~ILI, 'AMID TRUST ~i MAC N. gIOL10~IES
TAIL M~~~P ~ (3) ~-2-11:25
Lot 26 Anei~o~a Estate
~ein~ ~ portion off' R.P. 223°7, L.C. Aw. ~51~-~, Ap. 1 to
James ~'~un ~anehoa at
Ouii, Sots ~a~ala, Isian€i cif Iiawaii, I-Iawaii
VVe are requesting a reclassification of the subject property from the State Land LsTse
Agricultural District to the Rural District and a Change of Zone from the Agricultural
five-acre (t3-Sa) zone, previously known as Unplanned, to the Residential-Agricultural
two-acre (1~A-2a) zone. The subject property (5.248 acres) is located in the Anek~na
Estates Subdivision on the south side of Kawaihae Road approximately across frozx~ the
64 mile marker in Ouli, South Kohala, ~-Iawaii TMK: 6-2-11:26
GE1m11~RA1`: I1~OR1VdATIOleT
1. Hill Fa.z~ily Trust an Mark N. Holmes are the fee owners of the subject property. The
property has been CI'R'd previously.
PROFOSI~D DELQ~MEl"ZT
2. The applicant is proposing to create a two lot subdivision between Kanehoa Drive and
the Keanuiomano Stream with each lot being 2+ acres in size.
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. Lot 26-A has asingle-family home on it, the proposed lot 26-B is presently
undeveloped.
5. Electrical, telephone and cable television service are available to both lots through the
underground utility system of the ~~~nekona Estates subdivision.
6. The applicants intend to improve the second lot after this boundary amendment,
change of zone and the property is subdivided.
7. The applicants intend to extinguish the CPR once the lot has been subdivided using
the proposed zoning.
APPI.IGAI~I~''S STATE1VIlu1'dT
8. In support of this application, the applicants have submitted the following: (See,
attached statement.)
INSTI'I'U`I'I®I®IAI, CC2N~II~ICIIA`I'It)NS
' 9. The present Statc Land Use district designation is Agricultural.
10. The General flan Land Use Patt~;rn 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 rnap
. for this area shows the property as Rural, recognizing the present uses and the many
boundary amendments previously processed in this subdivision.
11. The property is located within the County's Agricultural 5-acre zone, previously
known Unplanned.
12. Hawaii Revised Statutes, Chapter 205A -Coastal Zone Management Act: The
property is not located within the Special Management Area of the County of f?:awaii.
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. This developed lot is not used for access to any mountains or mountain features by the
public. No trails to mountain features are known to exist on the subject property.
A
DESCRIPTION OF TIIE PROP~IZTI' AND SURlaOUNDING AREA
14. The property is a 5.248 acre parcel located on the south side of Kanehoa Drive
approximately 3/8``~ of a mile south of Kawaihae Road.
15. The site presently is developed with asingle-family home and extensive landscaping
on lot 26-A. The balance of the property is vacant at this time. Since the site had also
been previously grazed by cattle and extensively graded for development, it is
expected that no archaeological features exist on the property or that it provides a
habitat for endangered plants or animal species. See site photographs in the Exhibits.
16. There is no evidence of historical or cultural features on the parcel, nor did the
records in the Planning Department disclose any significant findings attributable to
the subject property.
17. Customary Native I-Iawaiian Rights: No valued cultural, historical or natural resources
exist on the subject property and no gathering is taking place. To the extent to which
traditional and customary rbative 1*Iawaiian rights are exercised, the proposed action
. will not affect traditional 1-lawaiian rights, therefore no action is necessary to protect
those rights.
18. Common animal species in the area include field mice and mongoose. There is no
known or recorded rare or endangered animal or plant life in the area.
19. The topography of the site is fairly level with slopes less than 10%.
20. The average annual rainfall is 20 - 35 inches.
21. The Unit~i 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
foams 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 arc used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20
slopes (PSTD). 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.
22. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH)
classification system, the property is not classified.
23. The Land Study Bureau Overall Productivity for this area is "E", Very Poor.
24. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the
proper~3r as done X, outside of the 500 year flood plain.
25. Adjacent and nearby parcels (6-2-11:22, O5, 06, 11, 18, 27, 28) are in the States
Rural District and arc zoned RA-2a by the County. Other surrounding properties are
located in the State's Agricultural District and in the County's Agricultural 5-a.cre and
1-acre zones. Kamuela Plantations, (A-Sa), is north of the Anekona subdivision and
Kanehoa subdivision, (A-Sa), is immediately east. The Ouli subdivision, (A-la),
located to the west of the site is undeveloped at this time.
26. There is a small State Urban district area located below the site that supports a 30-unit
affordable housing project, Ouli Ekahi. There is also a 20-unit self-help project being
developed at Ouli.
27. The uses of the property in the immediate area are rural/residential in character with
minimal. agricultural activities.
28. Thirty of the lots, including this one, within the Kanehoa and Anekona subdivisions
have dual ownership through the Condominium Property Regime (CPR) process. In
addition other lots have added residential units through the ohana process. Eleven
parcels have re-districted and re-zoned in the manner the applicants are proposing.
PUBLIC FACILITIES A1~dD UTILITIES
29. The property is located on K.anehoa Drive a private 50' wide right-of--way with 20' of
asphalt paving and grass swales.
30. The site is serviced by Department of Water Supply water and the applicants-have two
water meters at the present time. One meter serves each of the proposed lots.
31. Electrical, telephone and cable service are provided to the project site via the
underground utility service of the Anekona Estates subdivision.
32. This area is not serviced by a municipal sewer system. All lots in this area dispose of
wastewater through individual wastewater treatment systems. The applicants'
existing individual wastewater treatment system was reviewed and approved by the
State Department of Health at the time the single-family homes was developed, The
applicants understand that this is a Critical Wastewater Treatment Area and that the
additional treatment system must meet Department of Health standards.
33. The nearest police station is located seven miles east of the site in Waimea.
34. The nearest fire station is located seven miles east of the site in Waimea.
35. 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.
36. Public schools (six miles east) and private schools (4 miles east) provide educational
services to the area.
AI~~LIC'Ai~TTS' STATLMI#1~TT F0~2
C'LA~S~'IC'A~'.I?~ ISM AC~ICULTURAL TO RURAL
CI3A1~E ~L ~~NL ~~I.€LST RECLASSIFICATION ~'I2®M
AGI2ICUL~`UItA.L ~~AC~S, PRFYI~USLY UNI'LANNEI), T®
I~SII~LNTIAL-AGCULTLTitAL ~-ACAS
PFTITI~3NFRS: ILI., FA~,IILY T~2UST & MAI2I~ N. I-IOLMLS
TA~"~ MAP ~Y (3) 6-~-11:26
1. The applicarsts lbelieve the approval of the reclassification from the State Land
Use A:;~ric~alt~aral t€~ the Rural district will not 1be violative of Bastion 205-2,
Chapter 2Q5, )Efawaii Revised Btatutes, nor will it be inconsistent with the Land
Use Cornarsission R~nles, the Caa~nty General Plan and the Hawaii Btate Ptan.
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-far:aily
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 applicaaats believe the proposed redistricting is consistent with §15-15-27 of
the lEiawaii Land Use Coanrnissi€~n ~Zules that determines the Perrnissilble rases
within the Rural district. 'T`his 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 th n 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, 19'77, 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
boundaryy 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 defned in
Section 205-4.5(x)(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. 1'lae aplsli!cants believe that tlfle reclassification action would also conforan to tl~e
following goals, objectives and/or policies articulated in tlae Hawaii Statc Pl~a~
relating to Socio-cultural advanceiraent -Housing objectives and policies:
(a) Planning for ±~he 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.
Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
4. The applicants believe tlflc proposed boaandary aYnendinent and change of ~onc
would c~anform to tlac following goals and policies of the Genera! flan:
LAND USE
• Besignate 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.
H(~I_.TSING
• Attain safe, sanitary, and livable housing for the residents of the County of ~iawaii.
• Attain a diversity of socio-economic housing mix throughout the different parts of the
County.
• Maintain a housing supply which allows a variety of choice.
• Develop better p1_aces to live ?n I-Ia~vaag 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.
ACrRICULTURE
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
SIl'~~LE-FAMILY RESIDENTIAL
. To maximize choices ofsingle-family residential lots and/or housing for residents of
the County.
• To enstare 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
achie~ae 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.
Stand-ards 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
appr®prkate 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 zs 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
tha 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 tabs rural
boundary amendment would complement and implement the General Plan.
5. The applicaaats believe the purpose and applicability of the 1~ distriet as defined
iaa section 2~-~~50 of tlae zoaain~; code is anet by dais proposal. The location e~f 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. Tlae applicaaa#s believe that the reantfval of dais particular 5 acres of laa~d from
the State Land Use "Agriculture" district wflll snot jeopardize tlae ~gricaaltural
land inventory of tlae State or the County, as a result of tlae poor laa~aal ~s~ality
coaaditions of tlae 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 l~iawaii AI,ISI~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 a:~d future residential land use patterns of the surrounding properties in view
of the land quality of the surrounding properties and permissible uses. The proposed
Rural classification will be consistent with the proposed designation under the new
LUPAG mop.
.
7. The applicants believe the proposed reduction of lot size to two acres is
consistent ~~ith the surrounding properties in the Kanehoa and Anekona
subdivisions. The subject property is adjacent to 2-acre and 5-acre zoned parcels as it
is part of the Anekona Estates Subdivision which was approved by the County of
Hawaii within the Unplanned zoned district. The Unplanned district applies to areas
which were not subjected to sufficient studies to adopt specific district classification
and the minimum building site area in this district is five acres. With the passage of
the ne~Rr zoning code in December 1996, this unplanned zone was eliminated and alI
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 I-Iawaii and the subdivision code. Eleven parcels have been rezoned
and subdivided by the process the applicants' are proposing for this parcel.
Additional units have also been added by the Qhana home process. The applicants
believe the proposed density of two acres is consistent with the surrounding properties
. and that the subdivision process is a preferred process in comparison to the CPR
process.
The applicants believe all aatilities and services are available to ties propertty
wl$iela are essential to accomaaao~late dais rural development. Access to the
subject property is off Kawaihae Road which has aright-of--way width of 60 feet with
approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and
20' of pavement. Water is provided by a 6-inch county water line which fronts the
project site. The applicants have two water meters for this parcel already that service
the two proposed lots. Electrical service is provided to the property from Hawaii
Electric Light Co. Inc., and telephone service is provided by Verizon Hawaii.
9. The applicants believe the property leas aao severe geological or topographical
pr®bleraas ~vhicla cannot be properly rectified or which would render the land
uaausable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM)
designates he property outside of the 500-year flood plain (Zone X).
Based on the above, the applicants believe the approval of the State Land Use
Boundary Aynendrnent to the R€~ral District and the Change of Zone fron"ii
Agricultural 5~acre to Residential-Agricultural 2-acre coinplegnents the Stag Land
Use District Regulatioats arad is sa~pportive of the State of Hawaii Plan and the
County o~'~-Iadvaii General Plane
Therefores the applica~sts request that this request for a State Land Use boundary
Agnendnacaat fro~ra Agric~altn~°al to Ra~ral District and the Change of Zone from
Agrica~ltural ~-acre to Residential-Agricultural Z-acre be given favorable
considerat'is~n.
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January 16, 2002 ~ -
Mr. Christopher Yuen, Director
Planning Dep~~rtment
County of I~aWaii '
25 Aupuni Street
IIYIo, HaWalY 9J720
Re: State Land Use ~€sr~nda~-y Ara~~rsdanent Applicati®n (SLU 01-012)
Re~~a~st: Agrieulta~~~l to Rur~!
Change of ~®ne Applieat€~az~ (~Z 01-023)
l~e~>~~st: Aga~ieaal~n~-al (A~Sa) t® Residential-Agricultural (RA-2a)
Appli~nnts: Thnanas C. and Ann ~iil, ;13111 ;l;'aanily 'T'rust
'T'ax ~aTs R'ey: 6-2-11:026
Dear Mr. Yuen:
Your staflf faxed me copies of agencies comments on the subject applications. I of3Fer the
following responses.
~epas-tgaYent ~f T'ulBlic ~®rlcs:
The applicants:-Will comply with all grading and drainage regulations. The Keanuiomano drainage
easement Will 13~~ depicted on the final plat map.
Land Use Cnnaissi~sn:
No response is required.
If you or your staflf 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,
Gregory R. Mooers
President
GRM/sp
enclosures
PV-IOt~IE: (808) 885-6839
FAx: (808) 585-1 574 r ~
E"JIAIL: G?;~OOERSC~ATTGLCSAL.NET