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COM 0676.000 2000-2002
J,~er oc ~,6Y Harry Kirr? ~.'•'y q>. Dixie Kaetsu ~~i~%yl' Mayor Managing Director d• f Peer ~T. Yonng 'tee ~ 'P~` . _ . '~ri oF'w~'~ Deputy Managing Director ~~1i~1~~ 4~ ~~11 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Sui[e 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 June 6, 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: State Land Use Boundary Amendment Application (SLU 02-001) Request: Agricultural to Urban Change of Zone Application (REZ 02-003) Request: Agricultural (A-Sa) to Single Family Residential (RS-15) Applicant: Bart T. Cahoon Trust Tax Map Key: 7-3-5:97 State Land Use Boundary Amendment Application (SLU 02-004) Request: Agricultural to Urban Change of Zone Application (REZ 02-006) Request: Agricultural (A-Sa) to Single Family Residential (RS-20) Applicant: Gomes Family Limited Partnership Tax Map Key: 7-5-10:Portion of 65 State Land Use Boundary Amendment Application (SLU 02-003) Request: Agriculture to Urban Change of Zone Application (REZ 02-005) Request: Agriculture (A-la) to Multiple-Family Residential (RM-4) Applicant: U of N Bencorp Tax Map Key: 7-5-17:portion of 7 ~:"hl~ge ofZ;~n~ :~:p~li.catios~ tRFZ 02~~07) ~'~ay'3~S'1C~nt: 3k tZrhFS:` laser'. ~d1~:l3tlarl' V . ~ r ~ , r.l~ ~mm, Id®8 fioa Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 June 6, 2002 Change of Zone Ordinance No. 94-56 (REZ 762) Applicant: Toisan Associates, a Hawaii Limited Partnership Requests: Extension of Time to Condition "C" (Complete Construction) And Amendment to Condition "D" (Road Improvements) Tax Map Key: 6-4-24:22 Change of Zone Application (REZ 01-020) Applicant: Toisan Associates, a Hawaii Limited Partnership Request: Agricultural (A-Sa) to Neighborhood Commercial (CN-10) Tax Ma~Key: 6-4-24:23 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, f~ , r t--~ Harry Ki~~` m~ Mayor 1OS0302may Enclosures cc: Planning Department ~~qY ®6 y,~ Harry Kim ~°.•';c~ Mayor I ° ~ . A ,,'s ''T~ OF°~pJM1 PLANNING COI~IISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 (808) 961-8288 • Fax (808) 961-8742 dlia d ~ 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 02-007) Applicant: Yoshiko & Sasan Bakhtiary Request: A-Sato FA-2a Tax Map Key: 7-7-7:46 The Planning Commission, after a duly held public hearing on May 3, 2002, voted to recommend for your approval the proposed legislative bill to change the district classification from Agricultural (A-Sa) to Family Agricultural (FA-2a) for approximately 5.001 acres of land. The property is located east (mauka) of Kuakini Highway and Keauhou Uka Subdivision, at the north end of Nohealani Street, Kapalaalaea 2°d, North Kona, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: The applicants intend to subdivide the 5.001-acre parcel into two (2) lots, consisting of 2.913 acres and 2.088 acres. The applicants plan to construct their home on one of the lots. Another home would be constructed on the other lot for the applicants' parents. In addition to the dwellings, both lots would be used for asmall-scale farm. The applicants presently reside on the mainland and intend to move to Hawaii. They, along with their parents, would each like to build their dwelling on the site and raise some coffee and other orchard crops on the site. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. 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. The proposed Change of Zone request from an Agricultural-5 acres (A-Sa) to Family Agricultural-2 acres (FA-2a) zoned district would conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Protect and encourage the intensive utilization of the County's limited prime agricultural lands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 • 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 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 graphically depicts the physical relationship among the various land uses as anticipated for the island. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area contains a mixture of residences and agricultural activities. With a minimum lot size of two acres, the requested change of zone will still provide for an adequate parcel size that could support some agricultural activities at a smaller scale. The subject property is situated within the State Land Use Agricultural District. The requested zoning is consistent with the Kona Regional Plan Land Use Concept Map that designates this area for agricultural use. Should the County Council approve the applicants' request for a Residential and Agricultural (RA-2a) zoned district, the applicants would normally be allowed to apply for an second farm dwelling, which would allow the construction of a second dwelling unit as a separate or attached unit on both lots. Due to the fact that this subject request will allow the existing parcel to be subdivided and subsequently, allow the applicants to create a second lot, we would be allowing an additional dwelling to be constructed which would double the existing density of the area. Although the Planning Director supports this rezoning request to allow for atwo-lot subdivision with one home on each lot, the potential to 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. While the potential for extensive agricultural uses may exist, the property is comprised of soils identified as Punaluu extremely rocky peat, 6 to 20 percent slopes. This soil series consists ofwell-drained thin organic soils over pahoehoe lava bedrock. This soil is used for pasture. Soil within the property has been classified as "E" or Very Poor for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, the soil within the property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. The property immediately to the west was similarly rezoned from A-Sato FA-2a in August 1999 (Ordinance No. 99 86). It consists of a dwelling and small-scale farming Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 (Garden of Eden). To the north and south of the property, the lands are zoned A-Sa and in mixed of residential, coffee cultivation, and pastoral uses. To the east, the adjoining lands are zoned A-la and are also in mixed residential-agricultural uses. The Keauhou Uka Subdivision (191ots) was approved in January 1980 and lies to the west of the subject property. The Kuakini Heights Subdivision, consisting of about 1061ots approved in July 1962 (Unit I) and September 1970 (Unit II), is situated further to the northwest of the subject parcel. Both Keauhou Uka Subdivision and Kuakini Heights Subdivision are zoned Single Family Residential (RS-10), essentially 10,000 square feet in size, and are in residential use. Some of the mauka lands along the Mamalahoa Highway are in coffee and macadamia nut cultivation and pastoral uses. Primary roadway access to the subject property is within the Keauhou Uka Subdivision via Nohealani Street, a County road having a 60-foot right-of--way with paved shoulders and swales and in very good condition. An existing 9-foot 4-inches concrete driveway, in fair condition, traverses the property in a makai-mauka direction, bisecting the wider portion of the subject parcel. This existing concrete driveway has been constructed within a minimum 20-foot wide private access and utility easement that connects from Nohealani Street to Mamalahoa Highway. Nohealani Street intersects with Walua Road, which has aright-of--way width that varies from 30 to 40 feet with a pavement width of 14± feet. Walua Road connects to Kamehameha III Road and Akoni Drive, both intersects with Kuakini Highway. An existing 8-inch waterline is within Nohealani Street. However, according to the Department of Water Supply, water for the proposed subdivision will be available from the existing 12-inch waterline along Mamalahoa Highway. As there is no municipal sewer system in the area, the applicants would be required to dispose of wastewater in accordance with the requirements of the Department of Health. All other essential utilities and services can or will be made available to the subject development. The subject development is not contrary to Chapter 205A, Hawaii Revised States, relating to Coastal Zone Management Program. The property is approximately two miles from the nearest shoreline. According to the applicant and Planning Department records, there are no records of a designated public access to the shoreline or mountain areas traversing through the property. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, historic resources, marine resources, beach protection, coastal ecosystems and coastal hazards. Finally, the property was previously cleared and used for cattle grazing for over 50 years. In addition because the surrounding areas have been previously grazed and altered with agricultural and residential development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 nor has the area been identified as a significant botanical or biological habitat. Further, the applicants are not aware of any valued cultural, historical or native resources or any traditional and customary Native Hawaiian rights being practiced on the property. As such, it is anticipated that the proposed request will not have any adverse impact on cultural or historical resources in the area. As stated, the property was previously cleared and used for cattle grazing and therefore, the proposed request will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any archaeological sites be encountered during the course of development. Based on the foregoing, the approval of the Change of Zone request from an Agricultural-5 acres (A-Sa) to Family Agricultural-2 acres (FA-2a) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-3 (North Kona Zone Map) is transmitted. We are enclosing a copy of the staff background and applicant's letter dated Apri126, 2002, for your information. Sincerely, , i Geraldine M. Giffin, Chairman Planning Commission Lbakhtiaryo2pc Enclosures cc: Mr. Sidney Fuke Yoshiko & Sasan Bakhtiary Department of Water Supply Department of Public Works Brian Minaai/DOT-Highways,Honolulu Planning Department -Kona t BB akhti0l. agk-4/ 18/02 COUNTY OF I-IAWAII PLr~NNING DEPAIZTl6/IENT ~~CI~GII®UND I~EP®I~T YOS>FIII~O &SASAN BAI~IITIARY CIIANGE OF ZONE APPLICATION (REZ 02-007) YOSIIII~O &SASAN SAI~IITIARY have submitted an application for a Change of Zone by changing the district classification from Agricultural (A-Sa) to Family Agricultural (FA-2a) for approximately 5.001 acres of land. The property is located at the end of Nohealani Street mauka of Keauhou iJka Subdivision and approximately 600 feet east of (mauka) Walua Road-Nohealani Street intersection, Kapalaalaea 2nd, North Kona, Hawaii, Tax Map Key: 7-7-7:46. GENERAL INFORMATION 1. La>ad Ov~nerslaip: Yoshiko and Sasan Bakhtiary are the fee owners of the subject property. 2. August 9, 1983: A & E Enterprises, Ltd., the previous owner of the parcel, was granted Final Subdivision Approval (SUB 6087} of a 17.899 acre parcel. The property was zoned Unplanned (U} and Agricultural (A-la). The parcel was subdivided into three 5-acre parcels with access via Nohealani Street, and two minimum 1-acre parcels as flag lots with access via Mamalahoa Highway. The subject property is one of the 5-acre parcels and is a flag lot with road access via Nohealani Street. PROPOSED DEVELOPMENT 3. Request: The applicants are requesting a Family Agricultural (FA-2a) zone designation in order to subdivide the subject 5.001-acre parcel into two (2) lots, consisting of 2.913 acres and 2.088 acres. 4. Olbjectives: The applicant provided the following information: "The applicants plan to construct their home on one of the lots. Another home would be constructed on the other lot for the applicants' parents. In addition to the dwellings, both lots would be used for asmall-scale farm. "The applicants presently reside on the mainland and intend to move to Hawaii. They, along with their parents, would each like to build their dwelling on the site and raise some i , ~ coffee and other orchard crops on the site. "Although an additional farm dwelling permit could technically be applied for, the applicants believe that a conventional 2-lot subdivision would be more appropriate. This would make financing of the respective dwellings less cumbersome as well as provide some measure of conveyance flexibility in the event the applicants' parents are unable to live independently." 5. Supportive Information: The applicants have submitted a Change of Zone Application in support of the request. (See Exhibit A -Change of Zone Application) STATE AND COUNTY PLANS 6. State Land Use District: Agricultural. 7. General Plan Consistency: Goals, policies and courses of action of the Economic, Agricultural, and Land Use Elements for North Kona. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) lO~Iap: The LUPAG Map designates the area as Extensive Agriculture, which refers to pasturage and range lands. 9. Dona Regional Plan: The Kona Regional Plan was adopted by the Planning Commission as Resolution No. 1 84 on April 10, 1984. The Land Use Concept Map designates the area for Agricultural. 10. County Zoning: Agricultural-5 acre (A-Sa). 11. Chapter 205A, IIRS, Coastal Zone Management Program: The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, scenic and open space resources, coastal ecosystems, economic uses, coastal hazards, managing development, marine resources, public participation, and beach protection. The entire State lies within the Coastal Zone Management Area. 12. SMA: The property is not situated within the Special Management Area (SMA). The nearest shoreline is about two miles away. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 13. Subject Property: The subject property is a flag lot that extends from the east end of Nohealani Street to about 0.3 miles further east. It is vacant of any structures or uses, and -2- overgrown with various vegetation. The property was previously cleared and used intermittently for cattle grazing for over 50 years. 14. USDA Soil Survey: The Soil Survey Report classifies the soils within the property as Punaluu extremely rocky peat, 6 to 20 percent slopes. This soil series consists of well-drained thin organic soils over pahoehoe lava bedrock. In a representative profile, the surface layer is black peat about 4 inches thick. Permeability is rapid, the pahoehoe lava is very slowly permeable although water moves very rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. This soil is used for pasture. 15. Land Study Bureau's Detailed Land Classification System: Soil within the property is classified as "E" or Very Poor for agricultural productivity. This soil is unsuited for machine tillability. 16. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is unclassified. 17. Flood Insurance Date Map (FIRM): The property is designated Zone X, areas determined to be outside the 500-year flood plain. 18. Flora/Fauna Resources: According to the applicants' Environmental Report, the property was previously cleared and used for cattle grazing for over 50 years. Although no professional surveys were conducted, the site is dominated by alien species. The property is overgrown with haole koa, a few monkey pod trees, abandoned sugarcane, and various grasses. No native fauna was observed on the site. The site is not known to be a habitat for any rare or endangered animal life. 19. Archaeological Resources: As previously stated, the site was previously cleared and used for cattle grazing. No professional survey was conducted, however, the proposed action will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources- I-Iistoric Preservation Division should any archaeological sites be encountered during the course of development. 20. Historical and Cultural Resources: According to the applicants' Environmental Report, it is not known whether the subject or immediate surrounding area was used in -3- the recent past for the gathering of plants by Native Hawaiians. At present, there is no evidence of traditional and customary Native Hawaiian rights being practiced on the property. 21. Public Access: According to the applicant and Planning Department records, there are no records of a designated public access to the shoreline or mountain areas traversing through the property. 22. Surroundang Zoning and Land Uses: The property immediately to the west was rezoned from A-Sato FA-2a in August 1999 (Ordinance No. 99-86). It consists of a dwelling and small-scale farming (Garden of Eden). To the north and south of the property, the lands are zoned A-Sa and in mixed residential, coffee cultivation, and pastoral uses. To the east, the lands are zoned A-1 a and are also in mixed residential- agricultural uses. The Keauhou Uka Subdivision (191ots) was approved in January 1980 and lies to the west of the subject property. The Kuakini Heights Subdivision, consisting of about 1061ots approved in July 1962 (Unit I) and September 1970 (Unit II), is situated fi~rther to the northwest of the subject parcel. Eoth Keauhou Uka Subdivision and Kuakini Heights Subdivision are zoned Single Family Residential (RS-10), essentially 10,000 square feet in size, and are in residential use. PUDLIC UTILITIES AND SERVICES 23. Roadway Access: Primary access to the subject property is within Keauhou Uka Subdivision via Nohealani Street, a County road having a 60-footright-of--way with paved shoulders and swales and in very good condition. An existing 9-foot 4-inches concrete driveway traverses the property in a makai-mauka direction, bisecting the wider portion of the parcel. This existing concrete driveway has been constructed within a 20-foot wide private access and utility easement that connects from Nohealani Street to Mamalahoa Highway. Nohealani Street intersects with Walua Road, which has aright- of-way width that varies from 30 to 40 feet with a pavement width of 14+ feet. Walua Road connects to Kamehameha III Road and Akoni Drive, both intersects with Kuakini Highway. -4- 24. Water: An existing 8-inch waterline is within Nohealani Street. However, according to the Department of Water Supply, water for the proposed subdivision will be available from the existing 12-inch waterline along Mamalahoa Highway. 25. Wastewater: There is no municipal sewer system in the area. The applicants would be required to dispose of wastewater in accordance with the requirements of the Department of Health. 26. Essential Utilities/Services: Water, electrical and telephone services are available to the property. Police, fire and emergency services are also available to the project area. The Police services are located in Kealakehe approximately 5 miles north of the property, and fire services located in Keauhou, approximately 1 mile south of the site. AGENCIES' COMMENTS 27. Police Department (March 14, 2002 Memo): "Staff has reviewed the above-referenced application and does not believe it will have any significant impact on police services." 28. Fire Department (March 14, 2002 Merno): "We have no comments regarding the above-referenced Change of Zone Application." 29. Department of Land and Natural Resources -Land Division Engineering branch (March 27, 2002 Letter): "We confirm that the project site according to FEMA Community Panel Number 155166 0927 D (Dated June 2, 1995) is in Zone X (Not shaded). This is an area determined to be outside of the 500-year flood plain." 30. Department of health (March 4, 2002 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." 31. Department of Transportation (March 18, 2002 Letter): "Thank you for your transmittal requesting our review of the subject project. "The proposed action will not impact our State transportation facilities. "We appreciate the opportunity to provide comments." -5- 32. Land Use Commission (March 14, 2002 Letter): "We have reviewed the subject application forwarded by your memorandum dated February 28, 2002, and confirm that the subject parcel 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 regarding this matter. We have no further comments to offer at this time. "Thank you for the opportunity to comment on the subject application." 33. Kona Soil and Water Conservation District (March 26, 2002 Letter): "This parcel is between areas mapped in the North Kona Flood Plain Management Study. However, care should be exercised to protect the site as there maybe localized runoff generated during land clearing activities. There may also be small, unmapped, localized channels in the area that only carry water during heavy rainfall events. Erosion and sediment control measures should be reviewed before land clearing activities are undertaken." 34. Department of Public Works: (See Exhibit B -March 29, 2002 Memo) 35. Department of Water Supply: (See Exhibit C - Apri123, 2002 Memo) 36. Applicants' Response to Agencies: (See Exhibit D ~ April 18, 2002 Memo) AGENCIES - NO RESPONSE 37. Real Property Tax Office, Department of Agriculture PUBLIC COMMEN'T'S 38. Janice and Alastair Glennie: (See Exhibit E -March 19, 2002 Letter) -6- ~1J11 ?1~G~ aid® 11.L 1 ~~~(~T~~~ COUN'I'~' O~ ~WAII PLA,I~TI1~1G I~EI'~tTNI~NT (Type or legibly print the requested information) . APPLICANT: Yoshiko &Sasan Bakhtiary APPLICANT'S SIGNATURE: ~ ~ DATE: ~ ~ ~ ~ ADDRESS: 235 Reed Boulevar Mill Valley, CA 94941 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) ~i 51a~7s (Fax) (415) 381-2124 LANDOWNER(S): Yoshiko Bakhtiary and Sasan Bakhtiary LANDOWNER SIGNATURE(S): ~ DATE; / ~ O (May be by le er LANDOWNER(S) ADDRESS: REQUEST: A-5a 'T0 FA-2a {Existing zoning) (Proposed honing) TAX MAP KEY: 7-7-007: 046 STREET ADDRESS OF PROPERTY: 77-3b0 Nohealani Street Kailua-Kona, HI SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.001 acres AGENT: ~ Sidney M. Fuke 100 Pauahi Street, Suite 212 ADDRESS: Hilo, HI 96720 TELEPHONE: (Bus. _ 969-1522_ (Res) 961-6909 (Fay 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney M. Fake COPIES: Yoshiko Bakhtiary (See Instructions on Reverse Side) ~ ~ fi 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? Yes 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? All b. Into what lot sizes? 2+ acres eacY 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? 30 days d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: On how many of those lots? Both At what approximate price range? House 5200.000 Lot already own Total 5200.000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No d. Keep it? YPG e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. Not Applicable 3. Do you think that your request and your further plans for the land will alleviate the Local housing situation? Yes How? By providing additional lots on the market ~ even for personal use - it would reduce pressure to purchase other lots. 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? Not Applicable 5. 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. The applicants intend to plant coffee, mango, papaya, avocado and the like. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? To some extent What kinds of commodity? Coffee, avocado b. Suitablility of the proposed lot-size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? This would be more supplemental income. -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? No 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. Please refer to planning and environmental report. 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 X b. Roads X c. Sewer X d. Drainage X -3- ~ S e. Police Protection X r. Fire Protection g g. Recreational Facilities g h. Public Utilities X i. Other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 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INTRODUCTION The applicants, Yoshiko and Sasan Balchtiary, are requesting a 5.001 acre parcel to be rezoned from Agriculture (A-Sa) to Family-Agriculture (FA-2) district in Kapalaalaea 2nd, North Kona, Hawaii. (See Figure 1) The property is located at the north end of Nohealani Street, a residential subdivision consisting essentially of 10,000+ square foot house and lots. Nohealani Street intersects with Walua Road, near the Kuakini Highway/Kamehameha III Road intersection. If approved, the applicants intend to subdivide the 5.001 acre parcel into two (2) lots, consisting of 2.913 acres and 2.088 acres. The applicants plan to construct their home on one of the lots. Another home would be constructed on the other lot for the applicants' parents. In addition to the dwellings, both lots would be used for asmall- scale farm. II. PROJECT LOCATION The subject area is located immediately mauka of the Keauhou LTka Subdivision, a residential subdivision zoned RS-10 and consisting of essentially 10,000+ square foot lots. Nohealani Street serves as the principal street within this subdivision. At the end of this street, there is a 4-lot subdivision. All of those lots have direct access to Nohealani Street. The subject lot is a flag lot, over which the other lots have an access easement. (See Figure 1) It should be noted that the subject lot was once part of a 5-acre, 3-lot subdivision. The owners of one of these lots (Melitta and Glenn Hudson) recently rezoned and subdivided their 5-acre lot into two (2) lots (3 and 2 acres). Nohealani Street extends approximately 500 feet to the subject property from Walua Road. From this intersection, it is approximately .2 miles to the Kamehameha III and Kuakini Highway intersection. 1 i Z N i, a N 1n ~ I ° o o ~ ~ ~ o ~ryo I ' ~ ip n - ~ ~ ~ o ~ ~ m ~ ° ' ~ f ~ ~~o` g A• m ~ ~ i o a pp 1 ~ ~ ry d ~ - ~ ~ m 0 n ~ I ~ o ~ m 3 tiht A9 • I 1 ' ~ ~ o ~ ~ 2 00 r I a Q~ ~O Q KuakvN h~ry~ 1 I c: 60 p a9 ~ I ! 2 SFF ~ ~ I hti • O AA ~ _ O ~ 'O ~ I , O _ t0 m h6 6~ ~ m N I h ~ N y1 6S d ~ ~ ' ~ Tj m `a = 1 p ~ C Q I Q N o ~ ~p ~ ` 3 ~9. ~ M 8 =o _ a a p~ ~ o~ m a~ 15 00 ~ ~ ~ °j 8 ~ ` e C ~ 0 4 0 o~ m 3 Q 6~ ~ N ` o c Y ~ 0 ~ N o m O ~ 1 ~p ,o ~2 N U o~ v 'j,0 gh m ~ oo v Q o ~y0 + o~ ~oo ~ o N rn Y O ~ 0 ~ ~ O g ~ O Q ~ L ti 65A , ~ ~ m a °a~~ o I6B'S3'OO' ~ c ~ ~ ~ 2A 0 9 m n ~ m N ~ •°oi ~ ~ 237. g3 ~ ~ c o f~ 0 0 h a Q ~ r m T m Z 6 2• o l ~ ~ vi ~t G 0 W 6 ti „ ` U Q O ~ C'~ Sy ~ ~r. ~s ~x ~ ~ - D Y G0 ~ ~ g ~ Mew ~ ~ U O N p O Q ~p 0 - I Q ~ OL ~ PA ~ / S O 47 5A y0 ~ O ~ ~ ~ d ` ro 1 ~ I 8 8 - n r. o E o ~ 0 b y ~ o ~ a ^ ~ R Q G ~ a ~ ~ O I Y I ~ o° a m ~ r o o _ ~ ~ ~ ~ a~ I I ° O ry m ° °.°b `o I I o J s E ~ E. ~ g o T° i ~ N o° `-soSS i'' O O °c ° J a 1 ~ ~ o"~tT~ o \ N v ~ ° ~ S ~ °c ~ o \ at O O n Z \ - C ~ 'o :`o o ~ E ci l° h ~ V1 ~ h 0°$ ° V } ~ o~n vE„~ o 0 c u ^~n yOy ~ ~ p R O p m N W W O 0 OI a C z~$$ o ~ ~ A N b z C ~ o O = U m O - N o = o ~T s o; O O ~D N_ ~ 9 b ~ 2 $ x ~ ~ h O ¢ U _ 4 l~ Q~ ^ N a ~ m~ ~ ON J D Q C S^ ¢i e In ~ OhY G Z O °m 0 _ h ~ H m h W ~ ? III. PROJECT DESCRIPTION A. Project Co~acept and Components The applicants presently reside on the mainland and intend to move to Hawaii. They, along with their parents, would each like to build their dwelling on the site and raise some coffee and other orchard crops on the site. Some of the surrounding properties are already planted in coffee. The Hodson property also, in addition to coffee, also has lychee, mango, peach palm, and white pineapple cultivated on the farm. Although an additional farm dwelling permit could technically be applied for, the applicants believe that a conventional 2-lot subdivision would be more appropriate. This would make financing of the respective dwellings less cumbersome as well as provide some measure of conveyance flexibility in the event the applicants' parents are unable to live independently. Further, there is an access easement bisecting the property, which services as a direct route to the old MamaIahoa Highway (North Kora Belt Road). This provides a natural boundary between the two proposed lots. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate. conditions. of approval. B. Pro'e~ ct Tiaraetable and Cost The applicant hopes to secure the necessary County rezoning approvals as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by early to mid 2002. The estimated cost of improvements, if any, would be less than $5,000 for possibly a new water service lateral. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. 2 Coun General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the most of the site Extensive Agriculture. This designation refers to "Pasturage and range lands." The lower portion of the site appears to be designated Lo~v Density which is geared for residential uses. based on the requested Family-Agriculture (FA-2a) designation, the project would be consistent with the General Plan and no amendments would be required. C. Draft Kona Re Tonal flan This plan attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 198. The County Council has not, however, adopted it. The Land Use Concept map of this plan identifies the A-Sa designation for this area. This designation suggests agricultural uses, with lots no smaller than 5-acre. Although the requested FA-2a zoning may not be numerically consistent with this designation, the proposed uses should not be ~1olative of the agricultural objective. D. Count~Zonin~ The County zoning of the subject property is Agriculture (A-Sa). Properties immediately to the north and south are also similarly zoned. However, properties maukca of the site are zoned A-la and on the makai side, zoned RS- 10. As noted earlier, the property immediately rfaakrai of the subject site was recently rezoned to FA-2a_ The residential properties generally makai of this site make up the Keauhou Uka and Kuakini Heights subdivisions. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-2a zone would be adhered to. E. Relationship to 519~A Ob,pectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZl~ Area, some discussion of the request's relationship to the CZM Program follows. 3 The site is not adjacent to the ocean. It is more than two (2) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and rnarine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is remote. As the site was previously cleared, it would not appear that there are any archaeological features within the area of the proposed improvements. Should there be any inadvertent finds during construction of the project, work will stop until clearances are received from the appropri<~te County and State agencies. The proposed action will involve the construction of improvements in a non- urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve tree construction of asingle-family dwelling on each of the respective lots. Further, the site is not visible from the Kuakini Highway and thus any visual impact to the slopes of Hualalai Mountain would be minimal. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over two (2) miles from the ocean. Notwithstanding the distance, the nature of the project -agricultural -and the constnaction of only two private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for agricultural farm lots in this area. This should thus provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. - Relative to the nBanaging development objective, this function is more " applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-2a, and the requested use and design/parameters (parking, height, setback, etc.} would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process 4 required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, IiRS and Platuiing Commission Rule No. 9 relating to Special Management Area. F. Other Pee°mittin~Re~virenaents As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, and the like. V. ENVIItONA~IEN'TAL CONSIDERATIONS A. General Deseritation The elevation of the site ranges between 640 to 700 feet above mean sea level. The mean annual rainfall in this area ranges between 20 and 45 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is irregular in shape. The pole of the lot fronts Nohealani .Street. A 20-30 foot wide road and utility easement bisect the "body" of the site. The lots on both sides of the easement would conform to the County's minimum average width and area requirement. The site is vacant of any structures. It was formerly cleared and used intermittently for cattle grazing. It is presently overgrown with haole koa and other mid-level shrubbery. There aze a few monkey pod trees on the site and spots of abandoned sugaz cane. 5 S®ils aa~d T®,~s®~raphy The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope from the top of the property to Nohealani Street. The US Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil to be of the Punaluu muck (124 D) series. This type of soil is typically found on the west and southwest slopes on the undissected uplands of Mauna Loa and Hualalai Volcanoes. The parent material is organic matter mixed with minor amounts of volcanic ash over pahoehoe lava. It is moderately well to well drained, and permeability is moderately rapid to rapid. Its erosion hazard is slight. This type of l~.nd is typically used for grazing. The Land Studv Bureau Overall Master Productivity Rating for the subject area is essentially Aa (E268). This type has very little or no soil material. Permeability is excessively well drained, runoff is slow, and the erosion hazard slight for this soil t<,~pe. It is unsuited for machine tillability. This type of soil is not typical for agricultural crops. It should be noted that the soils typically found in the coffee belt are of the Honuaulu Soil Series, which this site is not. Notwithstanding this fact, however, the land has some coffee trees planted on it. The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (AL,ISH) maps do not classify this site as being significant from an agricultural perspective. . C. Naturall~l[aza~-ds 1. IDraina~e The US Corps of Engineers' Flood Insurance Rate Man (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-yeas flood plain. 2. Tsaanami Lazard As the site is located over 2 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 6 3. V®lcanic and Eartbg,uake ~Iazards The United States Geological Survey (LTSGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailas-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to alI residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Fl®ra/Faa~na Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared in the past and used for cattle grazing. A visual inspection of the site confirmed the presence of haole koa and some monkey pod trees, and pockets of abandoned sugar cane. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Further, the cleared and urban/rural nature of the surrounding area would make it less likely to find endangered animal life in the area. E. HastOriclCa~ltnral/ATChaeo9®~iCall~esourCes As the site has been cleared and used for cattle grazing the recent past, no commissioned archaeological survey of the site was made. The former clearing makes it less likely to find any archaeological features on the site. Nonetheless, during the course of developing the subdivision or the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning I~~partment. 7 G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" grad "Ka Pa'akrri O Ka :4ina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been used for cattle grazing for over 50 years, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicants intend to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. Water and Coastal Resources The subject site is located well over 2 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. Wastewater from the project will be serviced by sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool, septic tank or related system I. l~ioise, Air (~u®alit~ and Dust The Noheaiani Street and Walua Road will serve as the major thoroughfare to this project. Walua Road eventually connects to the Kuakini Highway. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. 8 There may, however, be short-term noise impacts associated with the construction of the infrastructure (such as a water service lateral) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health The proposed development should not generate any direct air quality impacts: The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one additional unit. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there .were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the area_ The site is located more on the lower end of Hualalai fountain, and the normal residential height should not detract from the mountain. . VI. SOCIAL AND ItELAT'ED CONSIDERATIONS A. Searroundin~ Land Use The land use in this area as generally rural in nature. There are some small family-type farms and cattle grazing on properties mauka and to the immediate north and south of subject site. Those properties are zoned (under the pre 199b Zoning Code) A-la and A-Sa. Properties makai and adjacent to the site are zoned RS-10, while the adjoining makai site is zoned FA-2a. The RS-10 zoned area is part of two residential 9 subdivisions. There aze also a number of residential lots with the residential (RS-10) zoning along Walua Road. In a sense then, the subject site is "sandwiched" between A-1 a and RS-10/FA- 2a zonings, with the north and south areas zoned A-Sa. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural-residential pattern of this area. Ecoe~omie Iaaapasts The requested zoning would have some measure of economic impact, as it would make a fee simple lot with co$ee and other crops more intensively utilized. Further, there will be some small short-term construction activity. And this, could help with the area's economy. C. A~riculturalIm~asts As noted earlier, the site has not been intensively used agriculturally recently. Given the surrounding agricultural uses, however, its potential does exist. Allowing the applicants to subdivide the property into two lots would not diminish the site's agricultural potential. It may actually enhance it. The site would be more manageable from a size standpoint (2 versus 5 acres). Further, because of the existing road/utility easement, which bisects the property, the cohesive use of the entire 5-acre is not really possible without some measure of periodic interruptions. The applicants' proposal would thus help foster the agricultural objectives by making agood-sized agricultural lot with crops available to the applicants and their parents. VII. Il~1FI~AS'I'IaUCT'UItAL CO1~ISIDEIaATIONS A. It®ad Immediate access to the project would be via Nohealani Street. This County- owned road has aright-of--way of fiffiy (50) feet with a pavement width of 20+ feet. There are also improved shoulders on this street. Walua Road has a varying right-of--way of 30-40 feet. In this area and towards the Kuakini Highway/Kamehameha III intersection, the road 10 pavement for the most part is at least 16 feet wide. There are a few sections that have widths of less than 16 feet. In these areas, however, there is enough shoulder room to accommodate two-way traffic. The applicants propose to have both lots get access from the private 10+ foot wide concrete driveway that is located within a 20-foot wide right-of--way. lg. Water There is an 3-inch County water line fronting the property along Nohealani Street. As the pole of one of the proposed lots fronts Nohelani Street, a meter could be installed at that point. The other lot may require service from the old Mamalahoa Highway. Alternatively, an easement from the owner of the pole could be secured to allow both meters be situated at the end of the pole. An elevation andlor out-of-bounds agreement as well as a booster pump may be needed. In conjunction with the subdivision process, the applicants intend to work closely with the Department of Water Supply and find a technical solution to this issue. C. Wastewater There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of I'iealth will be allowed. This will be done by the applicants when they construct their dwelling on the 2-acre lot. D. S®lid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.. With the requested PA-2a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Servgces - As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required, The nearest fire station is located in Keauhou Mauka, less than 2 miles from the site. There is also the Kaiiua Station located approximately five (5) miles away. The Police Station is located at Kealakehe, approximately six (6) miles from the subject site 11 Elementary schools are available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately five (5) miles away. County parks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. ©ther Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. Ill~II~ACT SIGAlIFIGAI~TCE ANALYSIS A. I2.elationslaip Iie#wecn Local Shoat-'I'errn Uses of Environment and idlaintenance and Enhancen2ent ®f L®n~-'reran Pradue#iwity If the request were denied, the short-term use of the site would probably continue in low level agriculture in the form of intermittent cattle .grazing. The applicants may eventually construct one dwelling on the site and may elect to do limited agricultural activity on a portion of the site. Given the residential character of the makai properties, there may be pressures for the subject property to be similarly urbanized or used as a large-lot gentleman estate. And from an agricultural perspective, a residential subdivision may not be the most feasible use of the site. _ From along-term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity. >S. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. Although the soil on the parcel has been classified °'E" or very poor by the Land Study bureau, its current agricultural use suggest otherwise. The site does have agricultural potential. It is thus argued that the creation of the 2-lot 12 subdivision should help foster and not remove this land from its more intensive future agricultural potential. C. 1Vliti ative 1@~easures The applicant intends to make improvements, if necessary, to be consistent with the subdivision process. And if construction is required, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits and/or SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of the surrounding areas. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Pre~posed Project 1. 1~1o Proiect Under the status quo alternative, the site will continue to be used for intermittent cattle grazing. The site could also be sold to one who may be interested in farming the site.. 1-iowever, it would be equally possible to have the land sold at market price to a "gentleman farmer." Given the present mixttue of land uses and lot sizes in this area and proximity to urban areas, ~ the site may not be utilized to its fullest agricultural potential. 2. Alternative I)ea~sity Under this alternative, the applicants could seek a more intensive zoning, such as FA-la, RA-.Sa or even RS-10 zoning. All of these zoning categories would arguably be consistent with the adjoining iZS- lOzoning, 13 _ _ . Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or coffee farming in this area. 3. Evaluat~oa~ of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more pnadent and beneficial than the requested FA-2a alternative. IX. I2EGULATOItY ANALYSIS A. General Plan LUPAG 1VIap The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Extensive Agriculture. This designation allows the requested FA-2a zoning without a General Plan amendment. General Tian Poleces The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term ~ono~nee opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form ofsmall-scale truck crops or cofr'ee farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be e~aergy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. 14 Maintaining and improving the quality of the environ~aaent is important~.to the success of this project. The General Plan identifies five (5) areas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be surficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the farming operations. Any noise-generating facility -such as air conditioners -would be carefully placed to m;nimi~e their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a coffee processing plants, as it would be more economical to send the products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites. It has already been extensively cleared and actively cultivated into a farm. Nonetheless, work will cease if unanticipated archaeological remains are discovered while continuing its farming operations. Work will resume only after proper clearances from the State and/or County have been received. Being under cultivation, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the FA-2a zoning would allow a residence, the project will indirectly fulfill the objectives of the housing elen;e~at by creating an additional lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been used in a manner where it blends with the existing terrain. As the project site is more than two (2) miles from the ocean, the usual c®asta! resoaarces concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of cesspools or septic 15 system or other acceptable form of wastewater system, impacts to the coastal water will be minirniaed. There will be little impact to paeblic facilities. The wastewater system will be private. The water system will be developed in a manner meeting: with the requirements of the Department of mater Supply. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than five (5) miles away. Finally, in terms of the Land Use a®d Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agi icuhural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • 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 • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Extensive Agriculture designation of the 16 LUPAG map. It would also be generally compatible with the surrounding area. There are many lots less than 1-acre adjacent and ma.kai of the subject site. There are A-1 a zoning mauka of the area. There is also a FA-2a zoning immediately makai of the subject site. Although the soil of the site is classified "E" or very poor by the Land Study Bureau, its current agricultural use suggests some measure of agricultural value. This request should thus encourage more intensive agricultural activities on the site. This lot size would be conducive to not only the applicant's needs but make another lot available to one who wishes to pursue possible backyard or more intensive full-time agricultural activities. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoning and Subdivisi®~ The designated zoning of the site is Ag-Sa. Should the FA-2a zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. D. State Ladd Use Aaricaltural Sta~adards As the requested lots will be more than 1-acre, the request would riot in principle violate the minimum lot size standards of the State Land Use la.w. All of the applicable use guidelines of said law would be adhered to. 17 D~PARTMEN~ ®F PIJ~IeIC NV®RKS COUNTY Off' HAWAII HILO, HAWAII DATA: March 29, 2002 TO Christopher J. Yuen, Planning Director Planning Department / v ~ 1=1~OM Caen Ishii, Acting Division Chief ~ engineering Division SU~J~CT Change of done Appliica#aon (R) Applicant: Yoshiko ~ Sasan Sakhtiary Location: Kapalalaea 2"d, N. Kona, HI TMK: 3 / 7-7-007:046 We have reviewed the subject application and our comments are as follows: DI~AlNAG~ 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the C~epartment of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. ~ARTNWORK 1. All earthwork and grading shall conform to Chapter 10, erosion and Sediment Control, of the Hawaii County Code. Memo to P.D. i3akhtiary (Rez02-007) TMK: 7-7-007:046 March 29, 2002 p.2 of 2 ROADWAYS 1. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and the Standard Details for Public Works Construction. 2. Nohealani Street, a County road provides access the subject property. It has an approximate 20-ft. wide pavement, with paved shoulders, paved swales, and all within an approximate 60-fit. right-of--way. The subject property is a "flag lot" providing access to 3 additional parcels over a 9 ft. wide concrete road within an approximate 20- ft. right-of--way. The roadway does not conform to 16- foot width required by the Subdivision Code. TRAFFI C Streetlights and traffic control devices shall be installed as required by the Department of Public Works Traffic Division. The developer shall be responsible for the design, purchase and installation of all such devices. Should there be any questions concerning this matter, please feel free to contact Kiran ~mler of our Kona engineering Division office at 327-3530. K~ copy: LNG-FIILO ENO-KONA PLNG-KONA ~~'24/2002 11: O1 FA% 9B1 8657 DEPT WATER SLTPPLY M/0 PLANNING ~ 001 Qp WRF~},~~ • '4~5 p`gY 6: a _ sb ~ ~~.°°9~~~~1~11 V~ Y~PL~~l~ ~~f-Y°4...T ~ 1...®VN~~ ~P~9~YYA~~ :..~3 - yr 345 KEKUANAOA STREET, SUITE 20 • HiLO, HAWAII 96720 rCr faA1•0a. TELEPHONE f8081 961.8050 • FAX (8087 961.8657 Apri123, 20Q2 TO: Mr. Christopher 7. 'Yuen, Planning JDirector Plaaaalan~ ~epartrlnent FROM: Milton D. Pavao, Manager EJECT: C~A1miG~ ~lie° ~>P~CATI®PT ~ €6Z-00~ .~,P~,~~,~IT ®Yf~S ®AI~ SAS.~1' ~A.>[TYARY It~QiTEg7I`:.~t~RiCT1U1[~ ~A-5a) TG FAMILY AG~C>(IILT1;7~.~ (F'~•4 2sa) • 7CAA7gL MAID Y: 7-7 007x046 41Ve have reviewed the subject Change of .Zone Application aarxd have the following conrunents. Water can be made available from aaa eacisting a2-inch waterline along 1v1amalahoa kAlghway approacinaately 1,050 feet frown the eastern boundary of flee subject parcel. 'dater is not available, as stated ire tlae appliaatioas, frown the b-iaacla waterline in l~oheaiaaai Street as the subject parcel 'as outside of its service area>• °l`his ~eaeans that the 6-inch watexliaae ias 1Vohealaui Street cannot provide wvates' at adequate pressure said voluan~ for the proposed subdivision. PttTSUant to ttae I7epaa~nent's "~Nater Commieaaent Guidelines Policy," a copy of which is being forwarded to the applicant, a water coananit~nent rxaay be issued. 13ased on the Dees additional lot that is requested iaa tlae proposed Change of done Application, flee rarquired water cola'amitanent deposit is $150.00. Reanittance of $150.00 (roan the applicant is requested, as soon as possible, so that a water coraxmitaaaent ffiay be formally issued. The commitmentwill be in writing with specific conditions and effective dates stated, please lCecp lea zatla~d that this letter shall not be construed as a water comaraitraaent. In other words, unless a water cornmitsnent is off cialiy effected, water availability is subj ect to chaaage depending on the water situation, Upon the issuance of a formal water comnaitarnent, we shall submit our comments and requireareents for tentative • • subdisvision approval. For the applicant's information, should the subject change of zone be approved and a seabdivisios~ application e~ectatcd, fxaaal approval will be subject to the fallowing requireanents: 1. Construct necessary improvements, which shall include, but not be limited to, the following; a. water mains capable of deliverlaag water at adequate pressure and volume under peak-hour €low conditions (aaiinimum diameter of aaxaizas shall be 4 inches), and • b. service laterals that will aecoaaaalaodate a S/8-inch meter to each lot. Submit oonstruction plans prepared by a professional engineer, registered in the State of l~awaii_ UVater ~ri~.~~ ~roc~re~1... 1 Ifi f .~~/24/2002 11:01 FAx 961 8657 DEPT {VATER StTPPLY M/0 ~ PLANNING X002 1Wlr. Christopher J. Yuen, ]Planning Director Fage 2 ~pri123, 2002 2. Bernie flee prevailing facilities charge balance aztd capital assesseraent fee, which are subject to claaeage, of $5,790.00. The deteraniaation of dais amount is shown below. This is due and payable upon coaaapletion of the c®aa5truction of the vaster systean i~proveanents asad prior to banal subdivision approval being grar?ted_ P`acili~~ Cltai~e ®ne 1°` service st $940,00 each $ 940.00 (one additional service at $4,350.00 each 4.350.00 Suhtotal $5,290.00 C~pfl4a1 essanemmt Fee line additional service in North Kona at $500.00 each + 500.00 Total (Saabjeet to Clsan~) $5,790.00 3. Submit the appropriate documents, properly prepaaed seed executed, t® convey the water system improveaaaerats seed necessary easercaents to the ~i/ater hoard of flee County of I$aw~aoi. ~ registered land surveyor shall stamp and ccstify the metes and bounds desce~aption within the conveyasice doceanaents. Conveyaamce ofthe improveinen9s and easements are regaiia+~d priorto water services being granted. 4. Comply with all other applicable policies said requirements of the I3epartaraent's Rules said Regulations. Noaacoarapliancemey be caaase for voiding this water comnaitasaent, at vvhicla time availability will be subject to claange in accordance with prevailing water system conditions, policies, and-Rules acid Regulations. Should there be any eguestions, please call our ulster Resources azad Planning branch at 961-8070, extension 1. SiYacerely y®aers, 1l~il n Pavao, F.E. M agar DC1tZ;jkla copy - (ev/eaac.) Yoshiko ~d Sasari ~akhtiary (w/® enc.) M3'. Sidney Puke ~I~~~~~~~~' Pl~nnlrn Consultant . ,_.,,_r...~.~. tzar . _r_- _ ~ . ~~.,,..__R.. rra ~.,,~~v......~,_.,_,r._._ .r._rw....~_._.._.r_,_.,~__-,.__~ ` 100 Pauahi Street, Suite 2i2 Hilo, Hawaii 96720 • Plannmg Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • land Use Permits • Environmental Reports April 18, 2002. r" ~ '1 Mr. Christopher Yuen, Director Planning Department - COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 02-007) Yoshikaa anal Sasan lBakl~tia>~'Y'1VIK: 7-7-007: 046 Thank you for providing me with a copy of comments to date regarding the subject application. In response to said comments, please note the following: Department of Public Works 1. The drainage and earthwork requirements of the County Code and the Department of Public Works will be complied with in conjunction with the subdivision approval process. Given the proposed layout, the applicant does not believe that a drywell is necessary. However, should one be required, the appropriate UIC permit from the State Department of Health will be secured. 2. The driveway connection to Nohealani Street already exists. Having been installed as part of the subdivision process that created this lot, it is the applicant's belief that said driveway already meets with the County requirements. If not, it can and will be done in conjunction with the subdivision approval process. 3. The applicant believes that the existing roadway is adequate to service the proposed 2-lot subdivision. Should additional improvements be required to comply with the Subdivision Code, it will be done. If it cannot due to cost factors, the applicant may consider applying for a variance. Soil Conservation Service The applicant intends to secure all required permits such as a grading or grubbing permit prior to any land disturbance activity. During this process, plans will have to be prepared and appropriate mitigation measures will be taken to mitigate potential on and off-site drainage problems. Mr. Christopher Yuen April 18, 2002 Page 2 Surrounding Property Owner Comments Due to infrastructural limitation, the concern raised by Ms. Palma-Glennie is understandable. As such, the applicant is prepared to accept a deed restriction that would prohibit the construction of an additional dwelling on each of the proposed lots. It is the applicant's understanding that such a restriction is axiomatic for rezoning of this nature, as in the case of the FA-2a zoning for Melitta and Glenn FIodson immediately makai of the subject property. Inasmuch as such a condition will be made a part of the deed, in the unlikely event that one or both of the properties are sold, the new owner would be aware of the one dwelling limitation. We trust that the above adequately addressed those agency and surrounduag property owner comments. If not or if there are further comments or questions on this matter, please feel to contact me. Thank you very much. incerely, SIDNEY M. FUKE Planning Consultant Copy - DP W SCS Yoshiko and Sasan Bakhtiary w/ enclosures Mon, ~~ar 25, 2002 9:53 Al~I Frnee~ Page 1 of 3 .4tasta%r ctl,ew~a,%~ ~ ~ ; IG6til.ct6t-p~,owgd, ~-tsavva%'%~- -~es.ephowe 80~-~~-oo~ FAX TO: oalavvai'i County Planning Commission March ~q, zoos Re: TMK: 3/7-7-007:046, Bakhtiary property, Keauhou Uka Aloha, Commmission Members: It has come to our attention that the Bakhtiary family would like to rezone their land from Ag-5 to Family Ag-2a, with the intent to subdivide the property into two pieces. Our property adjoins the Bakhtiary's on its mauka boundary. We also share several common easements with theirs and other residents within the Keauhou Uka association/subdivision (subdivision documents available upon request if the planning department needs them). As adjoining landowners, a few of our concerns are as follows: 1) We believe that, due to the commonality of sev ra a m n+s (water and road being two of them) that it is imperative for the present and/or future owners of the above parcel (or two parcels, as is planned) to be limited to one dwelling per subdivided parcel*. 2) yys~ter is of special concern in our subdivision as we share a Ammon count meter. This issue will be more thoroughly addressed by the Sakamotos rho have been in charge of maintaining the water system for several years as well as collecting fees for that water use. We feel that, although the Bakhtiarys have every right to use water from the association's system, that they must realize that additional households drawing from that system will cause its demise. Because they have easement to Nohealani Street where county supply is available, it may be best if they are required--if they subdivide--to have at least one of those properties connected to a water source other than the one ~ ~ ~ N9on, Aar 25, 2002 9:53 A!~ ~rcm Page 2 of 3 which is being shared by the subdivision. 3) Our common easement of a driveway is just that. It is not, nor was it ever designed to be, a road. It is our belief from talking to most of our association members, that we do not desire any upgrade of our driveway to county or other larger standard which would handle greater traffic. Rather, we are adamant that traffic be maintained at a low level. For this reason, we also feel that the amount of buildings/households using the common driveway should be limited to just one per subdivided lot (a main house and one ohana permitted in association CC&Rs). 4) In a generic sense, we do not believe that subdivision of property (particularly though the CPR process and particularly of arable agricultural land) is of long-term benefit to the West Hawaii community on a whole. As anyone who gets up in the morning and has to drive to any destination farther than a block away knows, our infrastructure is already pushed beyond carrying capacity. As a rule of thumb, we believe that Hawaii Island's infrastructural issues must be solved before any new approvals for subdivision or building should be granted. We also feel that land with soil and water, as is the case here in Keauhou Mauka, should be protected from development which degrades and/or precludes that potential use. We know that this type of reasoning goes counter to so many years of unplanned-for approval and do not expect this reasoning to factor in as meaningfully as those presented in #1-3, but we also know that many of you have gained much greater insight into the long-range issues of which we write upon seeing the turmoil and gridlock which unplanned- for subdivision and building approval have had on West Hawaii. We have spoken to Mr. Bakhtiary and find him to be a reasonable, considerate person, and we look forward to having as a neighbor. However, (and I hope he - understands that this is in no way a personal affront), because a change in ownership could result in unforeseen challenges to our subdivision created by those less sensitive and understanding than he and his mother, we strongly feel that avoiding potential problems prior to resale or development of the property would be the wisest, least confusing approach for everyone, thereby eliminating the possibility of disputes or legal remedies being sought for any future discrepancies. Mon, ""ar 25, 2002 9:53 AM Frcrr9 3 Page 3 of 3 We look forward to a response from the planning department and would tike to be present at the planning commission hearing during which this issue is discussed. We also ask that this issue be taken un at a nlannina commission hearing whic~i would be held in Kailua-Kona so that we and our other subdivision members could be present. Mahalo for your consideration of our views in this matter. Sincere regards, 'f4sctcB csud ~4laetait Q~etusic *A main home and ohana are allowed by association CC&Rs. However, clear, legal restrictions provided by the county in this case would be more helpful than relying on later association enforcement. ~ic~n~y uk~~ r~±aiininq ~,onsu~t~nt 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning • Subdivision • Land Use Permits Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Environmental Reports r, . Apri126, 2002 _ Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen: Sulbject: Rezoning Request (REZ 02-007) ~ Yoshiko and Sasan I3akhtiaa°~, T194K: 7-7-00'7: 046 This is in response to the Department of Water Supply's comments, dated April 23, 2002, regarding the subject matter. The Department has informed that water can be more made more readily available from the Mamalahoa Highway instead of Nohealani Street. In that regard, should the rezoning request be approved, the applicant intends to pay the required water commitment deposit and work closely with said agency in having water provided to the respective lots. Should you have further questions or comments on this matter, please feel free co to contact me. Thank you very much. inc~erel , NEY 11Q. FUKE Planning Consultant Copy - DWS Yoshiko and Sasan Bakhtiary I ~