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Home My WebLink AboutCOM 0642.000 2000-2002Harry Kim Mayor Dixie Kaetsu Managing Director t" Peter T. Young Deputy Managing Director County of Hawaii - 25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 9 Fax (808)326-5663 May 20, 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: Change of ZoneApplication. (REZ 02-001) Applicant: Academy Request: Ag1-icultaral (A. -5a1 to Residential and Agricultural (RA -2a) Ta- Map 6-2-007:002 Proposed Bill No. 157 Amendment to Article 4, Division 6 of Chapter 25 (Zoning Code) Relating to Nonconforming Uses and Buildings 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, XA_I� Harry Kim Mayor L041902 Enclosures cc: Planning Department &II A Harry Kim Mayor A County of Hawaii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 96t-8288 9 Fax(808)961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 02-001) Applicant: Hawaii Preparatory Academy Request: Agricultural (A-5 a) to Residential and Agricultural (RA -2a) Tax Map Ke 6-2-007:002 Geraldine M. Giffn Chairperson The Planning Commission, after a duly held public hearing on April 19, 2002, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 5.00 acres of land from Agricultural (A -5a) to Residential and Agricultural (RA -2a). The property is located in Kamuela Plantation Subdivision, along the south side of Kawaihae Road and bordering Keanuiomano Stream, and east of Kanehoa Subdivision, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from an Agricultural (A -5a) to a Residential and Agricultural (RA -2a) zoned district for approximately 5.00 acres of land in order to subdivide the vacant property into two lots, each a minimum 2 acres in size. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The Change of Zone request from Agricultural -5 acres (A -5a) to Residential and Agricultural -2 acres (RA -2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use and Agriculture goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE 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 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: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 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. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 • 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. 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 Kanehoa and Anekona Estates Subdivisions - on both sides of the Kawaihae Road , as well as Kamuela Plantation, 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 adjoining Kanehoa and nearby Anekona Estates 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 -5a). Therefore, the property is presently zoned A -5a. The subject parcel and the adjoining parcel to the west were both redesignated to Rural by the County in 1996. However, the other 8 parcels in the subdivision remained Agricultural. All parcels in this subdivision are zoned Agricultural (A -5a) 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 -5a) and Residential and Agricultural (RA -2a) zoned districts. However, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 across the Kawaihae Road, the South Kohala View Estates Subdivision is designated Urban by the State Land Use Commission and zoned Single Family Residential (RS -15) by the County. The Kanehoa Subdivision, consisting of 28 lots, is located immediately to the west of Kamuela Plantation. The Anekona Estates Subdivision, consisting of 42 lots, is located further to the west. These subdivisions include mixed residential uses, vacant lands, and very few residential/agricultural uses. From 1998 to present, the County Council approved requests for a State Land Use Boundary Amendment from an Agricultural to Rural District for two parcels in the Kamuela Plantation Subdivision. Concurrent State Land Use Boundary Amendment from an Agricultural to Rural District and change of zone from Agricultural (A -5a) to Residential and Agricultural (RA -2a) were approved for three parcels in the adjoining Kanehoa Subdivision. Two of these have secured Final Subdivision Approval. In the Anekona Estates Subdivision further west, 10 parcels were similarly redesignated and rezoned, with 2 applications still pending at the County Council. Six of these have secured Final Subdivision Approval and two have been granted Tentative Subdivision Approval. 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 subject property was created on April 30, 1981 as one of 10 lots in the Kamuela Plantation Subdivision. According to Planning Department records, Ohana Dwelling Permits were approved for 4 lots in the Kamuela Plantation Subdivision. According to Real Property Tax Division records, 2 lots have been encumbered with Condominium Property Regimes (CPRS). Of the 28 lots 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. Of the 42 lots in the Anekona Estates Subdivision, the Planning Department records Ohana Dwelling Permits approved for 12 lots, and Real Property Tax Division records CPRs for 14 lots. All three of these subdivision are a mixture of residences, vacant lands and very few residential/agricultural uses. Should the County Council approve the applicant's 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 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 a two -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 ordinance to prohibit a second dwelling unit on each lot. The property, previously utilized for cattle grazing, is currently not used for any agricultural activities. Although a drainage easement reserve area crosses the property and a drainage easement runs along the Keanuiomano Stream, the Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, an area determined to be outside of the 500 -year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property is classified as "D" or "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. Access for Kamuela Plantation is from Kawaihae Road, a 20 -foot wide pavement within a 60 -foot right-of-way and with 3 -foot grass/gravel shoulders along the property's frontage. An easement for driveway purposes is 10 feet wide. According to the Department of Water Supply, there is an existing 6 -inch water line along Kawaihae Road. Installation of a service lateral and a backflow preventer will be required. Similar to other properties in the subdivision, the parcel is situated within the Critical Wastewater Disposal Area and therefore, although the applicant would be allowed to utilize a cesspool, it would be required that wastewater disposal for the second lot be into a septic tank system. Underground electrical, telephone and cable services are available to the property. 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, and beach erosion. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 Finally, because the property and surrounding areas have been previously grazed by cattle and partially graded, 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 -5a) 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 amend Section 25-8-7 (North and South Kohala Districts Zone Map) 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. We are enclosing a copy of the staff background report for your information. Sincerely, Geraldine M. Giffin, Chairman Planning Commission Enclosures xc: Mr. Gregory R. Mooers Ms. Laurie Ainslie Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources 13HPArez01 eti4/9/02 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HAWAII PREPARATORY ACADEMY CHANGE OF ZONE APPLICATION (REZ 02-001) Hawaii Preparatory Academy has submitted an application for a Change of Zone by changing the district classification from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for approximately 5.00 acres of land. The property is located in Kamuela Plantation Subdivision, along the south side of Kawaihae Road and bordering Keanuiomano Stream, and east of Kanehoa Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-7:2. GENERAL INFORMATION 1. Land Ownership: Hawaii Preparatory Academy is the landowner of the subject property. Laurie Ainslie, Chief Financial Officer, has signed the application. PROPOSED DEVELOPMENT 2. Request: The applicant is requesting a Change of Zone from Agricultural (A -5a) to a Residential and Agricultural (RA -2a) zoned district for approximately 5.00 acres of land. The applicant proposes to subdivide the vacant 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. State Land Use Boundary Amendment: Approval of a State Land Use Boundary Amendment from Agricultural to Rural became effective on October 23, 1996. 4. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 5. State Land Use District: Rural. 6. Hawaii State Plan Consistency: Socio -Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Goals, policies and courses of action of the Land Use, Agriculture, Residential, and Housing Elements for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural, which allows uses for pasturage and range lands. It should be noted that the ti,. 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 Kanehoa and Anekona Estates Subdivisions - on both sides of the Kawaihae Road, as well as Kamuela Plantation, 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 Kamuela Plantation, Anekona Estates and Kanehoa Subdivisions to State Land Use Rural district. In addition, applications for concurrent Residential -Agricultural rezoning have been approved in the Kanehoa and Anekona Estates Subdivisions. 9. 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 -5a). Therefore, the property is presently zoned A -5a. 10. Ohana Dwellings: Ohana dwelling permits have been granted for 4 lots in Kamuela Plantation, 16 lots in Kanehoa Subdivision and 12 lots in Anekona Estates Subdivision. Ohana dwellings can be applied for with the new proposed State Land Use Rural District and Residential and Agricultural (RA -2a) district zoning. 11. Condominium Property Regime (CPR): According to Real Property Tax Records, CPRS have been approved for 2 lots in the Kamuela Plantation, 14 lots in Kanehoa Subdivision, and 14 lots in Anekona Estates Subdivision. 12. Special Management Area (SMA): The property is not situated within the Special Management Area. It is located approximately six miles from the nearest coastline. 13. Coastal Zone Management, HRS Chapter 205A: As the subject property is located approximately six miles from the nearest coastline, the proposed use will not negatively impact 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. -2- DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 14. Subject Property: The subject property is a rectangular -shaped lot with a total area of 5.00 acres. This vacant property was previously utilized for cattle grazing and is not currently used for any agricultural activity. There is a drainage easement reserve area that crosses the parcel and a drainage easement that runs along and parallel to Keanuiomano Stream. 15. State Land Use Boundary Amendments/Change of Zone Approvals in the Area (See Exhibit B - Tax Ivey Maps): A. Kamuela Plantation: The subject property was created on April 30, 1981 as one of 10 lots of the Kamuela Plantation (Subdivision No. 4627). Two of these lots were redesignated to Rural. However, no applications for rezoning were submitted. B. Kanehoa Subdivision: This 26 lot subdivision was created on April 29, 1985, but presently consists of 28 lots. Three lots were concurrently redesignated Rural and rezoned Residential and Agricultural (RA -2a). C. Anekona Estates Subdivision: This 36 -lot subdivision was created on October 23, 1990 but presently consists of 42 lots. Ten lots were concurrently redesignated Rural and rezoned Residential and Agricultural (RA -2a). In addition, two other applications for similar redesignation and rezoning are pending at the County Council. 16. Adjacent Land Uses: The parcel to the west, TMK: 6-2-7:3, also received approval of a State Land Use Boundary Amendment from Agricultural to Rural, effective on October 23, 1996. However, as there was no concurrent rezoning, the County zoning remained Agricultural (A -5a). The parcel to the east and across Keanuiomano Stream are both designated Agricultural and zoned Agricultural (A -5a). These lands include mixed residential uses and/or vacant lands. 17. Surrounding Zoning/Land Uses: Other than the subject parcel and the parcel to the immediate west, the subdivision is designated Agricultural by the State Land Use Commission. County zoning for the entire subdivision, however, remains Agricultural (A -5a). Across the Kawaihae Road is South Kohala View Estates which is designated Urban by the State Land Use Commission and zoned Single Family Residential (RS -15). -3- To the immediate west of Kamuela Plantation is the Kanehoa Subdivision, consisting of 28 parcels. Further west is the Anekona Estates Subdivision, consisting of 42 parcels. These three subdivisions include mixed residential uses, vacant and very few residential/agricultural uses. 18. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property and surrounding area are "Unclassified" on the State Department of Agriculture's ALISH Map. 19. Land Study Bureau's Retailed Land Classification System: Soils within the property and surrounding area are classified as "D" or "Poor" for agricultural productivity. 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 A`a lava. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. 21. FIRM: The property is located within Zone X, area determined to be outside the 500 - year flood plain. As stated earlier, there is a drainage easement reserve area that crosses the property and a drainage easement that runs along and parallel to Keanuiomano Stream. 22. Flora/Fauna Resources: The property is undeveloped and overgrown with natural vegetation consisting of grasses, shrubs and trees. No native fauna was observed on the site. According to the applicant, there is no known or recorded rare or endangered animal or plant life in the area. 23. Archaeological Resources: According to the applicant, the property was previously grazed by cattle and partially graded. No archaeological, cultural or historic sites are known to be located on the property. Nevertheless, a condition will be included to require the notification of the Department of Land and Natural Resources -Historic Preservation Division should any archaeological sites be encountered during the course of development. -4- 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. Public Access: There is no public access to the mountains or the shoreline that traverses the property. PUBLIC UTILITIES AND SERVICES 26. Access: Access is from Kawaihae Road, a 20 foot wide pavement within a 60 -foot right- of-way and approximately 3 -foot wide grass/gravel shoulders along the property's frontage. There is a 40 -foot wide easement for driveway purposes that encumbers the subject parcel and TMK: 6-2-7:3 and 4. The easement on the subject parcel is 10 feet wide. The property is also subject to a 10 -foot wide no vehicular access permitted zone along the balance of the property along Kawaihae Road. 27. Water: The Department of Water Supply states that there is an existing 6 -inch water line along the Kawaihae Road fronting the subject property. The $150 water commitment deposit has been received. Other agency requirements include construction of necessary improvements including, but not limited to a service lateral to accommodate a 5/8 inch meter to the additional lot with plans prepared by a professional engineer, architect or land surveyor registered in the State of Hawaii, remittance of the prevailing facilities charge and installation of a departmentally approved backflow preventer. 28. Wastewater: There is no municipal sewer system in the area. Similar to other properties in the subdivision, the property is situated within a Critical Wastewater Disposal Area where only one cesspool is allowed. Therefore, for the other lot, the applicant would be required to dispose wastewater into a septic tank system. 29. Utilities: 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 5 miles from the property. 31. Recreational Facilities: The Waimea Park and Anuenue Playground are located approximately 4 miles from the property. Spencer Beach Park is located approximately 8 miles away. -5- AGENCIES' COMMENTS 32. Police Department (February 19, 2002 Memo): "Staff has reviewed the above -referenced proposal and found that there are no concerns regarding the proposed re -zoning of this property from Agricultrual (A -5a) to Residential and Agricultural (RA -2a)." 33. Fire Department (March 5, 2002 Memo): "We have no comments regarding the above -referenced Change of Zone Application." 34. Department of Health (February 1, 2002 Memo): "By current rules, the subject lots are located in a Critical Wastewater Disposal Area. A lot size of five (5) acres or more are required for the use of a cesspool. Only one (1) cesspool would be allowed on these lots. A septic tank system would be needed if a second wastewater disposal system is needed on these lots." 35. Department of Transportation (March 6, 2002 Letter): "Thank you for your transmittal requesting our review and comments regarding the proposed zone change application. We have the following comments: The proposed 2 -lot subdivision by itself should not result in any significant impacts to our State highway facilities. However, we view the application as a precedent leading to greater housing density and vehicular traffic. If more of these 2 -lot subdivisions are permitted, their cumulative effects will result in increased traffic and safety impacts on our Waimea-Kawaihae Road. 2. We understand that your department is aware of this problem and is 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." 4. The applicant should be informed and that a 10 -foot wide planting screen easement should be provided along Waimea-Kawaihae Road fronting the property (except at the access driveway)." 36. Department of Water Supply (See Exhibit C — February 13 and 26, 2002 Memos) 191 AGENCIES - NO RESPONSE 37. Department of Public Works — Dona, Department of Environmental Management, Rea Property Tax Office and Waimea Community Association. PUBLIC COMMENTS 38. South Kohala Traffic Safety Committee (February 19, 2002 Letter): "We have reviewed the subject for Change of Zone Application REZ 02-001) requesting Agricultural (A -5a) to Residential and Agricultural (RA -2) and we have no objections or concerns." 39. The Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -7- MOOERS ENTERPRISES, LL -C P.O. BOX i 101 KAMIJELA, HAWAII 36-743 CHANGE OF ZONE APPLICATION Agricultural 5 -acre, Previously Unplanned to Residential Agricultural 2 -acre Hawaii Preparatory Academy TMK: (3) 6-2-07:02 Lot 2-A, Karnuela Plantation Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises, LLC January 2002 FI -10111E. (80,8) &385-6839 FAX. 'U855-1574 Em,(,,ii..: GM00ER @ATTGLOBAL.tJEr APPLICANT: COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) TJAT.IATT PRFPARATO ADEMY APPLICANT'S SIGNATURE: ` L. DATE: 1 Z 15 /_Q 2 Laurie Ains ie, Chief Financial Officer ADDRESS: 55-1692 Kohala Mountain Road Kamuela. Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: Chief Financial Officer LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 881-4084 (Res.)_ LANDOWNER(S) WAII PREPAR2MRY ACADEMY (Fax)_ 881-4071 LANDOWNER SIGNATURE(S): DATE: 1/15/02 Laurie ns7(p4t[3&baiiet&r)Financia1 Officer LANDOWNERS) ADDRESS: 65-1692 Kohala Mountain Road Kamuela, Hawaii 96743 REQUEST: Agricultural 5 -acre TOResidential-Agricultural 2 --acre (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-07:02 STREET ADDRESS OF PROPERTY: K a w a i h a e Road SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.000 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res.)_ 885-7126 (Fax)_ 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES:- Ainslie, Hawaii Preparatory Academy (See Instructions on Reverse Side) ATTACIL,IENT Agricultural Rezoning PLANNING DEPART, -TENT 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? %s If Les, 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 n b. Into what lot sizes? 2+ acres C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months 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 TTnknnwn Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? Unknown If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application Attached as form. Exhibit "A" 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 vour answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Y e s How? The proposed action will add one additional residential - agricultural lot to the inventory in this desirable area of South Kohala. 4. Are there any buildings on the subject area? No 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. M 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- No 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 No a. Schools b . Roads C . Sewer d. Drainage -3® Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. II Signature: / GC-� Laurie Ains�ie, Chief Financial Officer Address: 65-1692 Kohglg Majintai n _Road Kamuela, Hawaii 96743 Telephone: (8Q 881-4084 Date: 1 Z 115 /02 -4- CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES9 PREVIOUSLY UNPLANNED TO RESIDENTIAL -AGRICULTURAL 2 -ACRES PETITIONER: HAWAII PREPARATORY ACADEMY TAX MAP KEY (3) 5-2-07:02 Lot 2-A Karnuela Plantation,Unit 1 Being a Portion of R.P. 2237, L.C. Aw. 8518-5, Ap. 1 to James Young Kanehoa at Ouli, South. Kohala, Island of Hawaii, Hawaii We are requesting a Change of Zone from the Agricultural five -acre (A -5a) zone, previously known as Unplanned, to the Residential -Agricultural two -acre (RA -2a) zone. The subject property (5.000 acres) is located in the Kamuela Plantation Subdivision on the south side of Kawaihae Road approximately across from the 61 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-07:02 GENERAL INFORMATION Hawaii Preparatory Academy is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision creating two 2+ acre parcels between Keanuiomano Stream and Kawaihae Road. 3. The existing lot presently has an access point off of Kawaihae Road that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. The site is presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the overhead utility system on Kawaihae Road. 6. The applicant does not intend to immediately improve the lots at this time. :APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) INSTITUTIONAL CONSIDERATIONS 8. The present State Land Use district designation is Rural. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban. This allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. 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 5.000 acre parcel located on the north side of Keanuiomano Stream and the south side of Kawaihae Road near the 61 -mile marker. 15. The site presently is undeveloped. Since the site has been extensively grazed by cattle and partially 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 of well -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 (ALISH) classification system, the property is not classified. 22. The Land Study Bureau Overall Productivity for this area is "D" or 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 to the west, Anekona and Kanehoa Subdivisions, and south, vacant land, are located in the State's Agricultural District and in the County's Agricultural 5 -acre zones. The adjacent lot to the west is in the State's rural district. South Kohala View Estates is to the north-east of the site and is zoned RS -15 25. There is a small State Urban district area located west of the site that hosts a 30 -unit affordable housing project, Ouli Ekahi. There is also a 20 -unit self-help project 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 Kamuela Plantation, 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. Thirteen parcels have Re -districted to rural and re -zoned in the manner the applicant is proposing. PUBLIC FACILITIES AND U'T'ILITIES 28. The property is located on Kawaihae Road a State controlled highway with a 60' wide right-of-way with 20' of asphalt paving. 29. The site is serviced by the Department of Water Supply with a 5/8" meter on Kawaihae Road. 30. Electrical, telephone and cable service are provided to the project site via the overhead utility service on Kawaihae Road. 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 lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 32. The nearest police station is located five miles east of the site in Waimea. 33. The nearest fire station is located five miles east of the site in Waimea. 34. The nearest public recreation facility is Waimea Park and Anuenue Playground located four miles east of the site. Hapuna Beach Park is nine miles to the west of the site. Spencer Beach Park is located eight miles west of the site. 35. Public schools (four miles east) and private schools (two miles east) provide educational services to the area. APPLICANT'S STATEMENT FOR CHANGE OF ,ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5 -ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL -AGRICULTURAL 2 -ACRES PETITIONER: HAWAII PREPARATORY ACADEMY TAX MAP KEY (3) 6-2-07:02 1. The applicant believes the proposed change of zone is consistent with §15-15-27 of the Hawaii Land Use Commission 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. Thus, the requested change of zone would be in the direction of fulfilling the permissible uses of the rural designation. 2. The applicant believes that the change of zone action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio -cultural advancement - Housing objectives and policies: (a) Planning for the State's socio -cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate -income and gap -group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 3. The applicant believes the proposed 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. a 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 8 • 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 W 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 change of zone would complement and implement the General Plan. 4. The applicant believes the purpose and applicability of the RA 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." 5. The applicant believes that the removal of this particular 5 acres of lased from the County "Agriculture" zone 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 Rural 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 ME Master Productivity Rating for the soils in the area is "D" or Poor. Furthermore, the existing Rural classification and the proposed RA -2a zoning 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. 6. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kamuela Plantations, Kanehoa and Anekona subdivisions. The subject property is adjacent to 5 -acre zoned parcels as it is part of the Kamuela Plantation 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. 7. 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 a right-of-way width of 60 feet with approximately 20 feet wide pavement. Water is provided by a 6 -inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from Verizon Hawaii. 8. 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 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 Hawaii General flan. Therefore, the applicant requests that this request for a Change of Zone from Agricultural 5 -acre to Residential -Agricultural 2 -acre be given a favorable consideration. 12 TAX MAP KEY (3) 6.2-07:02 ENVIRONMENTAL REPORT FOR CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5 -ACRES TO SIDENTIAL-AGRICULTURAL 2 -ACLS PETITIONER: HAWAII PREPARATORY ACADEMY TAX MAP KEY (3) 6-2-47:02 A. SUBJECT REQUEST: The applicant is proposing to change the County Zoning from Agricultural 5 -acres (A - 5a), previously Unplanned, to Residential -Agricultural 2 -acres (RA -2). The request is to allow for a two lot subdivision of the applicant's property in Kamuela Plantation subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the County's A -5a zone. The lot is 5.000 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 an access point on Kawaihae Road that will provide access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. 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 WITH STATE AND COUNTY PLANS: The State Land Use District is Rural. The General Plan Designation is Low Density Urban. The County Zoning is Agricultural 5 -acre (A -5a). 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 proposed change of zone is consistent with §15-15-27 of the Hawaii Land Use Commission 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. Thus, the requested change of zone would be in the direction of fulfilling the permissible uses of the rural designation. 2. The applicant believes that the change of zone 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 (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate -income and gap -group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed 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 0 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. 4 • 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 M findings, including the General Plan's goals and policies, the granting of the change of zone would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA 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 County 66Agriculture" zone 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 Rural 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 "D" or Poor. Furthermore, the existing Rural classification and the proposed RA -2a zoning 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. 6 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kamuela Plantations, Kanehoa and Anekona subdivisions. The subject property is adjacent to 5 -acre zoned parcels as it is part of the Kamuela Plantation 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 accommodate rural development. Access to the subject property is off Kawaihae Road which has a right-of-way width of 60 feet with approximately 20 feet wide pavement. Water is provided by a 6 -inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from Verizon Hawaii. 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 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 Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.000 acre parcel located on the north side of Keanuiomano Stream and south of Kawaihae Road at the 61 -mile marker. 2. The property is located eight miles east of the ocean. 3. The site is undeveloped and barren except for a few grasses and weeds. 4. Since the site has been extensively grazed by cattle and partially 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 of well -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 "D", 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 to the south and west are located in the State's Agricultural District and in the County's Agricultural 5 -acre. Kanehoa subdivision and Anekona subdivision, A -5a, are immediately west of this parcel. The Ouli subdivision, A-1 a, located further to the west of the site is undeveloped at this time. South Kohala View Estates, RS -15, is north east of the subject property. 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 thirteen parcels that have re -districted and re -zoned in the same manner the applicant is proposing. D. PUBLIC FACILI'T'IES AND SERVICES: 1. The property is located on Kawaihae Road a public 60' wide right-of-way with 20' of asphalt paving. 2. The site is serviced by the Department of Water Supply with a 5/8" meter on Kawaihae Road. 3. Electrical, telephone and cable service are provided to the project site via the overhead utility service on Kawaihae Road. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots 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 five miles east of the site in Waimea. 6. The nearest fire station is located five miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located four miles east of the site. Hapuna Beach Park is nine miles to the west of the site. Spencer Beach Park is located eight miles west of the site. 8. Public schools (four miles east) and private schools (two miles east) provide educational services to the area. El E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The 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 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, changing the zone from A -5a to RA -2a, would be to utilize the ohana process that many 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. 12 11 zi v= Sac .e zi 4 '3�X'r,, rvxy fa# .o- k,r�{c 2 �'/{c+�fA r ,kr 54�� y} y' r^'3.Y'°)c' ,.' f ya.Yb 'f' ✓. rv56 �r ti` f f °x�Y Xf y�0g0} bys_ Y� i S oY f o / / . 4 /a.{, �J 5 ;+ _,,,�aL $S%,4.RisfJb✓4K "y r`c�),.gc`r id> ,fa/ wR' :f VA r a ..�&9w< STIM A- 4 X { 1 2 . +' ____.. _.._._ .:ii�� __._ •�el'rh N ... Nii�i j'i \..�. Y'oC ._��-a I 13 4. 0 U V N i a n _e l V 6 m h An 14 ft C\J; 4 •l J i(E v 9 �1 r 1 1 I An 14 ft J C\J; 4 ill b g` 4 t io i(E v 9 _ f wee O a k� J DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII 345 KEKUANAOA STREET, SUITE 20 - HILO, HAWAII 96720 TELEPHONE (808) 961-8050 - FAX (808) 961-8657 February 13, 2002 4, TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 02-001) APPLICANT: HAWAII PREPARATORY ACADEMY REQUEST: AGRICULTURAL (A -5a) TO RESIDENTIAL AND AGRICULTURAL (RA -2a) TAX MAP KEY: 6-2-007:002 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6 -inch waterline along Kawaihae Road fronting the subject property. The parcel currently has an existing service lateral but no water service has ever been opened. The existing water availability conditions for this portion of the Waimea water system are such that there is one unit of water available for the proposed additional lot. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one (1) additional lot that is requested in the proposed change of zone application, the required water commitment deposit is $150.00. Remittance of $150.00 from the applicant is requested, as soon as possible, so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Upon the issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. ... Water 6ring3 progrei-i,,. Mr. Christopher J. Yuen, Planning Director Page 2 February 13, 2002 For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary improvements, which shall include, but not be limited to, a service lateral that will accommodate a 5/8 -inch meter to the additional proposed lot. Submit installation plans prepared by a professional engineer, architect, or land surveyor registered in the State of Hawaii. 2. Remit the prevailing facilities charge, which is subject to change, of $4,350.00. The determination of this amount is shown below. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. Facilities Charge One existing I" service, previously paid One additional service at $4,350.00 each $ 0.00 4,350.00 Total (Subject to Change) $ 4,350.00 For the applicant's information, before water service can be granted, they will have to install a departmentally approved backflow preventer (reduced pressure type) just after the meter to those lots that are subject to flooding. A licensed contractor shall install the backflow preventer. The installation and assembly of the backflow preventer must be inspected and approved by the Department. The backflow preventer shall be operated and maintained by the customer. A copy of our backflow preventer handout is being forwarded to the applicant to help them understand this requirement. Should there be any questions, please call our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milt D. Pavao, P.E. M ager BCM:jkh,_ copy — (w/enc.) Hawaii Preparatory Academy Mr. Gregory R. Mooers Mr. Michael Watanabe, Water Quality Assurance and Control Branch DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 Mr. Gregory R. Mooers Mooers Enterprises, LLC P. O. Box 1101 Kamuela, HI 96743 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 February 26, 2002 r - W CHANGE OF ZONE APPLICATION (REZ 02-001) APPLICANT: HAWAII PREPARATORY ACADEMY REQUEST: AGRICULTURAL (A -5a) TO RESIDENTIAL AND AGRICULTURAL (RA -2a) TAX MAP KEY: 6-2-007:002 This is to acknowledge receipt of the required $150.00 water commitment deposit for the subject application. We are enclosing Receipt No. 229629 for your files. In accordance with the Department's Water Commitment Guidelines Policy, a water commitment for the proposed development in the amount of 600 gallons per day or one additional unit of water at 600 gallons per day per unit is hereby granted until February 28, 2005, with the following conditions: For your information, should the change of zone request be approved and a subdivision application be executed, approval will be subject to the following conditions: 1. Construct necessary improvements, which shall include, but not be limited to, a service lateral that will accommodate a 5/8 -inch meter to the additional proposed lot. Submit installation plans prepared by a professional engineer, architect, or land surveyor registered in the State of Hawaii. 2. Remit the prevailing facilities charge balance, which is subject to change, of $4,200.00. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, the total facilities charge requirement, which is subject to change, is $4,350.00. However, the total water commitment deposit paid to date is $150.00. Water commitment deposits are credited toward the final facilities charge requirement for the development. These charges are tabulated below. ... Water t rin yj pro yroji... ....................... Mr. Gregory R. Mooers Page 2 February 26, 2002 Facilities Charge One existing 1 S` service, previously paid One additional service at $4,350.00 each Total (Subject to Change) Water Commitment Deposit paid to date Facilities Charge Balance (Subject to Change) $ 0.00 4,350.00 $4,350.00 -150.00 $4,200.00 Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $4,200.00. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. For the applicant's information, before water service can be granted, they will have to install a departmentally approved backflow preventer (reduced pressure type) just after the meter to those lots that are subject to flooding. A licensed contractor shall install the backflow preventer. The installation and assembly of the backflow preventer must be inspected and approved by the Department. The backflow preventer shall be operated and maintained by the customer. Should there be any questions, you may contact our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, �X/ Milton D. Pavao, P.E. Manager BCM.jkh Enc. copy - Ms. Laurie Ainslie, Hawaii Preparatory Academy Planning Department Customer Service (Hilo and Waimea) Mr. Michael Watanabe, Water Quality Assurance and Control Branch