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HomeMy WebLinkAboutCOM 0046.000 2002-2004 Ham- Kim tr or q Dixie Kae[su Mayor Managing Director Peter T. Young • Deputy Managing DirCCIOr S• •~M N~~ COUNTY OF HAWA~~~ 25 Aupuni Street, Room 215 • Hilo, Hawaii 96 720-42 5 2 • (808) 961-8211 • Fux (808) 961-6553 KONA. 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii- 96740 (808)329-5226 • Fax (808)326-5663 ~ December 2, 2002 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HT 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 02-006) Request: Agricultural to Rural / Change of Zone Application (REZ 02-014) V Request: A-Sato RA-2a Applicant: Robert D. Fischler Tax Map Key: 6-2-11:25 Change of Zone Application (REZ 02-OIS) Applicant: Kaloko Development, Inc. Request: Limited Industrial (ML-la) to Industrial-Commercial Mixed Use (MCX-la) Tax Map Kev 7-3-51.66 67 68 and 69 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. S~ rel II ~.t/~/~ l V' Harry Kim Mayor Comm. No. File No. Enclosures Cil~~S ~ 7 ~ ~ ~ Ref. To: cc: Planning Department RG( 1 `3 ~(l~2 Ref. Date MtV M,y_ _t.: Harry Kim Ma)nr •M~~M County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808) 961-8288 Fax (808)961-874? Honorable James Y. Arakaki, Chairman and Members of the County Counci] County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 02-006) Request: Agricultural to Rural Change of Zone Application (REZ 02-014) Request: A-Sa to RA-2a Applicant: Robert D. Fischler Tax Map Key: 6-2-11:25 The Planning Commission, after a duly held public hearing on November 1, 2002, voted to recommend for your approval the proposed legislative bills to change the district classification from Agricultural to Rural and a Change of Zone changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.0005 acres of land. The property is located in Anekona Estates Subdivision, to the southwest of Kanehoa Street-Anekona Street intersection, `Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district for approximately 5.0005 acres of land in order to subdivide the property into two lots, 2.6402 acres and 2.3603 acres in size, to establish separate fee ownership. The property was registered with the State Real Estate Commission in June 1998 as a Condominium Property Regime. There is also a request for a Change of Zone from an Agricultural (A-Sa) to a Residential and Agricultural (RA-2a) zoned district that is concurrently being processed for the property. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawai `i Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, Chapter 28 of the Hawaii County Code, Rule l3 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, Che following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in Chis district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) It may also include parcels of land which are swrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The property was created on October 23, 1990 as one of the original 36 lots of the Anekona Estates Subdivision. The subdivision presently consists of 44 parcels. According to Planning Department's records, Ohana Dwelling Permits were approved for 121ots within the subdivision. According to Real Property Tax records, 141ots have Condominium Property Regimes (CPRs), including the subject property. The property was previously utilized for cattle grazing and is currently not used for any agricultural activities. An existing dwelling occupied by co-landowners John and Julie Oakland is situated within the proposed 2.3603-acre lot that fronts Kanehoa Street. Immediately adjacent lands to the south of the property are parcels that have been recently redesignated to Rural and zoned Residential and Agricultural (RA-2a) by the County. However, the adjacent parcels to the west, north and east are 5+-acre parcels that are within the State Agricultural District and are zoned Agricultural (A-Sa) by the County. Those lands are in residential uses and/or vacant lands. Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural (A-Sa) and Residential and Agricultural (RA-2a) zoned districts. The Kanehoa Subdivision is located immediately to the east of Anekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of 10 lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 26 lots, is located across the Kawaihae Road and further to the northeast. Those subdivisions include mixed residential uses, vacant lands, and very few residential/agricultural uses. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The `Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and the `Ouli Mutual Self Help Housing 40-lot Subdivision, approved on December 11, 1997 with minimum 10,000 squaze foot lots, are located to the west of (makai) Anekona Estates Subdivision. Those two affordable housing project azeas were redesignated to State Land Use Urban District in January 1994. The Hale Wailani Subdivision is also situated west of Anekona Estates Subdivision and adjacent to the housing projects. It is currently zoned A-la and the developer proposes a 49-lot subdivision, with lots minimum two acres in size. From 1998 to present, the County Council approved similar requests for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for twelve parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three pazcels in the Kanehoa Subdivision. Of those 5±-acre parcels, ten parcels have secured Final Subdivision Approval, and four parcels have been granted Tentative Subdivision Approval In October 1996, the County Council also approved the reclassification of two 5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural DistricC. One of those parcels was recently redesignated to Residential and Agricultural-2a (RA-2a) zoned district. Section IS-15-27 of the Hawaii Land Use Commission Rules determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All agricultural related uses permitted under section 15-15-25 relating to agricultural uses, (2) Low-density residential lots of not more than one dwelling house per one-half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for similar residential-agricultural uses that are compatible to the Rural designation. The applicant has stated that the 5.0005 acres wIll be subdivided into two residential/agricultural lots, each with minimum two acres in size, in order to establish separate fee ownership. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 The proposed Rural boundary amendment request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also 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 standazds 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 residentiaLagricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed Rural boundary amendment request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain 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 Jots andlor 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 .lames Y. Arakaki, Chairman and Members of the County Council Page 6 • 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 proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. Further, it should be noted that the County is can-ently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for certain areas, including the Anekona Estates and Kanehoa Subdivisions, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently residential/agricultural in character. Further, the County Council has approved land use reclassifications in the Anekona Estates and Kanehoa Subdivisions to State Land Use Rural district and Residential-Agricultural zoning. This boundary request would allow a rural development for Residential-Agricultural uses. Based on the above findings, including the General Plan's goals and policies, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property which are essential to accommodate rural development. The primary access for Anekona Estates Subdivision from Kawaihae Road is via Anekona Street. Direct access to the property is from Kanehoa Street. Anekona Street and Kanehoa Street have aright-of-way width of 50 feet with a 20-foot and 8-inches wide agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed oat that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. According to the Department of Water Supply, the property is served by two existing 1-inch service laterals fronting the property, one with a 5/8-inch meter and one without a meter. Similar to other parcels in the subdivision, the property is situated within the Critical Wastewater Disposal Area. Therefore, the applicant would be required to dispose wastewater into a septic tank system. Underground electrical, telephone and cable services are available to the property. The nearest police, fire and emergency facilities are located in Waimea, approximately 7 miles east of the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 X, areas determined to be outside of the 500-year flood plain. The topography of the property is fairly level. While the property is within the State Land Use Agricultural and County's Agricultural - Sa zoned districts, it is not currently being used for active agricultural purposes. The property was previously utilized for cattle grazing. An existing dwelling is situated near the front portion of the property and is occupied by co-landowners. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such intensive agricultural activities from being conducted withouC a significant amount of effort. Because the property and surrounding area have been previously grazed by cattle and extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property, nor has the area been identified as a significant botanical or biological habitat. At present there is no evidence or known valued cultural, historical or native resources or any traditional and customary Native Hawaiian rights been practiced in the area. Thus, at this time, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is approximately six miles from the ocean. Thus, the proposed request will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine coastal ecosystems. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 • Greater opportunities for Hawai`i'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. • 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: • Effectively accommodate the housing needs of Hawai`i's people. • Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. • Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. • Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment to the Rural District complements the Stale Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Change of lone The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district for approximately 5.0005 acres of land in order to subdivide the property into two lots, 2.6402 acres and 2.3603 acres in size, to establish separate fee ownership. The property was registered with the State Real Estate Commission in June 1998 as a Condominium Property Regime. There is also a request for a State Land Use District Boundary Amendment from an Agricultural to a Rural district that is concurrently being processed for the property. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It also is 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed change of zone request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan: HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawai `i. • 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, mat'ital 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 • 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. • 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 Anekona and Kanehoa Subdivisions, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural," as the area is currently residential/agricultural in character. Further, the County Council has approved land use reclassifications in the Anekona Estates and Kanehoa Subdivisions to State Land Use Rural district and Residential- Agricultural zoning. Therefore, it is determined that the request is consistent with the rural low-density development land use depicted on the LUPAG Map for this area of South Kohala. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 12 The property and surrounding areas were previously zoned Unplanned from the date of adoption of the Zoning Code in 1967. The Unplanned district applied to areas where no sufficient studies were conducted to adopt specific district classification. The Unplanned district permitted uses relating to agriculture. With the adoption of the revised Zoning Code on December 7, 1996, all Unplanned zoned districts were reclassified to Agricultural-5 acre (A-Sa). Therefore, the property is presently zoned A-Sa. The property was created on October 23, 1990 as one of the original 36 lots of the Anekona Estates Subdivision. The subdivision presently consists of 44 parcels. According to Planning Department's records, Ohana Dwelling Permits were approved for 12 lots within the subdivision. According to Real Property Tax records, 14 lots have Condominium Property Regimes (CPRs), including the subject property. The property was previously utilized for cattle grazing and is currently not used for any agricultural activities. It has an existing dwelling situated near the front portion of the parcel that is occupied by the co-landowners. Immediately adjacent lands to the south of the property are parcels that have been recently redesignated to Rural and zoned Residential and Agricultural (RA-2a) by the County. However, the adjacent parcels to the west, north and east are 5+-acre parcels that are within the State Agricultural District and are zoned Agricultural (A-Sa) by the County. Those lands are in residential uses and/or vacant ]ands. Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's Agricultural (A-Sa) and Residential and Agricultural (RA-2a) zoned districts. The Kanehoa Subdivision is located immediately to the east of Anekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of 10 lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 26 lots, is located across the Kawaihae Road and further to the northeast. Those subdivisions include mixed residential uses, vacant lands, and very few residential/agricultural uses. The `Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and the `Ouli Mutual Self Help Housing 40-lot Subdivision, approved on December 11, 1997 with minimum 10,000 square foot lots, are located to the west of (makai) Anekona Estates Subdivision. Those two affordable housing project areas were redesignated to State Land Use Urban District in January 1994. The Hale Wailani Subdivision is also situated west of Anekona Estates Subdivision and adjacent to the housing projects. It is currently zoned A-la and the developer proposes a 49-lot subdivision, with lots minimum two acres in size. From 1998 to present, the County Council approved similar requests for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for twelve parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5±-acre parcels, ten parcels have secured Final Subdivision Approval, and four parcels Honorable James Y. Arakaki, Chairman and Members of the County Council Page 13 have been granted Tentative Subdivision Approval. In October 1996, the County Council also approved the reclassification of two 5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural District. One of those parcels was recently redesignated to Residential and Agricultural-2a (RA-2a) zoned district. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. Should the County Council approve the applicant's request for a State Land Use Rural District and 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 would allow the existing parcel to be subdivided and subsequently allow the applicant to create a second lot, we would be allowing an additional dwelling to be constructed which would double the existing density of the area. Although the Planning Director supports this rezoning request to allow for atwo-lot subdivision with one home on each lot, the potential to allow four (4) homes may contribute to a cumulative burden on the existing infrastructure (road, water, etc.) which cannot he supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit on each lot. The property was previously utilized for cattle grazing, but is currently not used for any agricultural activities. 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 topography of the property is fairly level. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area is classified as "IJ" or "Vcry 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. The primary access for Anekona Estates Subdivision from Kawaihae Road is via Anekona Street. Direct access to the property is from Kanehoa Street. Anekona Street and Kanehoa Street have aright-of-way width of 50 feet with a 20-foot and 8-inches wide agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well ns the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either through a Federal transportation program or through the fair share contribution towards roads. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 14 According to the Department of Water Supply, there are two existing 1-inch service laterals, one has a 5/8-inch meter and the other without a meter. In accordance with the Department of Water Supply's comments, a condition shall be included to require the applicant to install a second meter for the second parcel. Similar to other properties in the subdivision, the parcel is situated within the Critical Wastewater Disposal Area and Cherefore, the applicant would be required to dispose wastewater into a septic tank system. Underground electrical, telephone and cable services are available to the property. The 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. Thus, the proposed request will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. Finally, because the property and surrounding areas have been previously grazed by cattle and extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. At present, there is no evidence of valued cultural, historical or native resources nor has any traditional and customary native Hawaiian rights been practiced in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the State Land Use Boundaries Map H-14 for the County of Hawaii and Section 25-8-7 (North and South Kohala District Zone Map, of the County Zoning Code are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 15 We are enclosing a copy of the staff background and Department of Water Supply October 22, 2002, comment letter for your information. ~`i cerely, ~~JJ ~ i Geraldine M. Giffin, Chairman Planning Commission LfischledYlPC Enclosures cc: Ms. Diane Paulson Mr. Robert D. Fischler Department of Public Works Department of Water Supply Planning Department -Kona Brian Minaai, Director/DOT-Highways, Honolulu 4~ W4IfR t~~ fb°w O ~i t' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII m c 345 KEKUANAOA STREET, SUITE 20 • NILD, HAWAII 96720 y'~ Cf N4 WP\\; Ts TELEPHONE (808)961-8050 FAx,6~~8~~,~-8~97 ~ ~~p October 22, 2002 1" CC ~~11 i 4EUNT Cv~!~~„ ~ ~ 6's:+f1';I TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-006) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 02-014) APPLICANT: ROBERT D. FISCHLER REQUEST: AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) TAX MAP KEY: 6-2-011:025 We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone and have the following comment and condition. Inasmuch as the subject parcel has two 1-inch service laterals, one of which has a 5/8-inch meter, we have no objections to this application for an ultimate two-lot subdivision. However, each of the meters shall front the proposed parcel they are to serve. In addition, the owner of the existing meter is using four units of water. If their consLimption is not reduced to one unit by the time of subdivision application, they will be required to install a larger meter and pay the associated charges, which are subject to change. By a copy of this letter, we are notifying them of this. Should there be any questions, please call our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milton D. Pavao, P.E. Manager 4 k. , i. BCM:dms ~ ~ copy - Mr. Robert D. Fischler Ms. Diane Paulson ~ ~ / / I/Uater brivcc~a pro~re~6... G-'fb CB;IlS l7~Ik~ PC BFisch1er01 agk-10/19/02 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ROBERT D. FISCHLER STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-006) CHANGE OF ZONE APPLICATION (12EZ 02-014) Robert D. Fischler has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.0005 acres of land. The property is located in Anekona Estates Subdivision, at the southwest side of Anekona Street-Kanehoa Street intersection, `Ouli, South Kohala, Hawaii, TMK: 6-2-11:25. GENERAL INFORMATION 1. Land Ownership: Robert D. and Deborah A. Fischler, and John and Julie Oakland are the landowners of the subject property. All landowners have signed and/or submitted an authorization letter for the applications. 2. June 16, 1995: Planning Director approved an Ohana Dwelling Permit (OHD 94-332). 3. August 21, 1997: Date of final construction inspection (B.P.#975637 and #975638) for two shade cloth greenhouses, each 48 square feet in area, on the property. 4. June 22, 1998: Effective date of Registration No. 3836 issued by the State Real Estate Commission reporting that the property is a Condominium Property Regime. 5. November 6, 2000: Date of fmal construction inspection (B.P.#996427) for a dwelling on the property. PROPOSED DEVELOPMENT 6. Request: The applicant is requesting a State Land Use District Boundary Amendment from an Agricultural to a Rural district and a Change of Zone from an Agricultural (A-Sa) to a Residential and Agricultural (RA-2a) zoned district for approximately 5.0005 acres of land. The applicant proposes to subdivide the property into two lots, 2.6402 acres and 2.3603 acres in size, in order to establish separate fee ownership. An existing dwelling occupied by co-landowners John and Julie Oakland is situated within the proposed 2.3603-acre lot that fronts Kanehoa Street. C-y-6 ~8~'IlJ !7°'!£f~ PC 7. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment Application and Exhibit B -Change of Zone Application) 8. Notification to surrounding property owners: The Planning Department files reflect that the applicant has served two notices, as required, of the applications to the surrounding property owners. STATE AND COUNTY PLANS 9. State Land Use District: Agricultural. 10. Hawaii State Plan Consistency: Socio-Cultural Advancement (Housing) objectives and policies. 11. General Plan Consistency: Goals, policies and courses of action of the Land Use, Agriculture, Residential, and Housing Elements for South Kohala. 12. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural, which allows rises for pasturage and range lands. It should be noted that the County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map is to change the designation for certain areas, including the Anekona Estates and Kanehoa Subdivisions, on both sides of the Kawaihae Road from "Extensive Agricultural" to "Rural." The area is currently residential/agricultural in character. Thus, the County Council has approved land use reclassifications in the Anekona Estates and Kanehoa Subdivisions to State Land Use Rural district and County Residential-Agricultural zoning. 13. County Zoning: The property and surrounding areas were previously zoned Unplanned from the date of adoption of the Zoning Code in 1967. The Unplanned district applied to areas where no sufficient studies were conducted to adopt specific district classification. The Unplanned district permitted uses relating to agriculture. With the adoption of the revised Zoning Code on December 7, 1996, all Unplanned zoned districts were reclassified to Agricultural-5 acre (A-Sa). Therefore, the property is presently zoned A-Sa. 14. Ohana Dwellings: Ohana dwellings may be applied for with the new proposed State Land Use Rural District and County Residential and Agricultural (RA-2a) district zoning. -2- 15. Coastal Zone Management, HRS, Chapter 205A: The entire State ofHawai`i lies within the Coastal Zone Management Area. 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, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 16. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. It is located approximately six miles from the nearest coastline. There is no identified recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazard, marine resources or other natural and environmental resources in the area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 17. Subject Property: The property is rectangular in shape with a total area of 5.0005 acres. There is an existing dwelling situated near the front portion of the property along Kanehoa Street that is occupied by the co-landowners. Although there are two existing 48 square foot greenhouses, the property is not used for any agricultural activities. 18. Anekona Estates Subdivision: The property was created on October 23, 1990 as one of the original 36 lots of the Anekona Estates Subdivision. The subdivision presently consists of 44 parcels. According to Planning Department's records, Ohana Dwelling Permits were approved for 12 lots within the subdivision. According to Real Property Tax records, 14 lots have Condominium Property Regimes (CPRs), including the subject property. 19. Kanehoa Subdivision: The Kanehoa Subdivision was created on Apri129, 1985 for 26 lots. Presently, it consists of 28 lots. According to Planning Department's records, Ohana Dwelling Permits were approved on 16 lots within the subdivision. According to Real Property Tax records, 14 lots have Condominium Property Regimes (CPRs). 20. Adjacent Land Uses: Immediately adjacent lands to the south of the property are parcels that have been recently redesignated to Rural and zoned Residential and Agricultural (RA-2a) by the County. However, the adjacent parcels to the west, north -3- and east are 5+-acre parcels that are within the State Agricultural District and are zoned Agricultural (A-Sa) by the County. Those lands are in residential uses and/or vacant lands. 21. Surrounding Zoning/Land Uses: Surrounding lands aze located within the State's Agricultural and Rural Districts and in the County's Agricultural (A-Sa) and Residential and Agricultural (RA-2a) zoned districts. The Kanehoa Subdivision is located immediately to the east of Anekona Estates Subdivision; the Kamuela Plantations Subdivision, consisting of 10 lots, is located further to the east; and the Waimea Landmark Estates Subdivision, consisting of 26 lots, is located across the Kawaihae Road and further to the northeast. These subdivisions include mixed residential uses, vacant lands, and very few residential/agricultural uses. The `Ouli Ekahi 33-unit affordable rental housing project, constructed in 1995, and the `Ouli Mutual Self Help Housing 40-lot Subdivision, approved on December 11, 1997 with minimum 10,000 square foot lots, are located to the west of (makai) Anekona Estates Subdivision. Those two affordable housing project areas were redesignated to State Land Use Urban District in January 1994. The Hale Wailani Subdivision is also situated west of Anekona Estates Subdivision and adjacent to the housing projects. It is currently zoned A-la and the developer proposes a 49-lot subdivision, with lots minimum two acres in size. 22. Previous Approvals: From 1998 to present, the County Council approved similar requests for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sato RA-2a for twelve parcels in the Anekona Estates Subdivision. Similar land use changes were approved for three parcels in the Kanehoa Subdivision. Of those 5+-acre parcels, ten parcels have secured Final Subdivision Approval, and four parcels have been granted Tentative Subdivision Approval. In October 1996, the County Council also approved the reclassification of two 5-acre parcels within the Kamrtela Plantations Subdivision to State Land Use Rural District. One of those parcels was recently redesignated to Residential and Agricultural-2a (RA-2a) zoned district. (See Exhibit C -Tax Key Maps) 23. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property and surrounding area are "Unclassified" on the State Department of -4- Agriculture's ALISH Map. 24. Land Study Bureau's Detailed Land Classification System: Soils within the property and surrounding area are classified as "E" or "Very Poor" for agricultural productivity. 25. 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. 26. Flood Insurance Rate Map (FIRM): The property is located within Zone X, area determined to be outside the 500-year flood plain. 27. Flora/Fauna Resources: According to the applicant's envirorunental report, an existing dwelling is situated near the front portion of the property and the remaining area is undeveloped and barren except for few grasses and weeds. The natural vegetation occurring on the property consists of buffle grass, fountain grass, Spanish clover, indigo plant, partridge pea, prickly poppy, yellow guava, ilima and cactus. No native fauna was observed on the site. Common animal species in the area include Seld mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 28. Archaeological Resources: According to the applicant's environmental report, the property was previously grazed by cattle and extensively graded for development. No archaeological, cultural or historic sites are known to be located on the property, 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. 29. Cultural or Native Gathering Rights: According to the applicant, at present there is no evidence of valued cultural, historical or native resources nor has any traditional and customary native Hawaiian rights been practiced in the area. Therefore, at this time no feasible action is necessary to protect these rights. -5- 30. Public Access: According to Planning Department's records, there are no records of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 31. Roadway: The primary access for Anekona Estates Subdivision from Kawaihae Road is via Anekona Street. Direct access to the property is from Kanehoa Street. Anekona Street and Kanehoa Street have aright-of--way width of 50 feet with a 20-foot and 8-inches wide agricultural standard pavement, asphalt paving and grass/gravel shoulders. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 32. Water System: According to the Department of Water Supply, the subject property is served by two existing l~-inch service laterals fronting the property, one with a 5/8-inch meter and one without a meter. 33. Wastewater System: There is no municipal sewer system in the area. Similar to other parcels in the subdivision, the Department of Health states that the property is situated within a Critical Wastewater Disposal Area. Therefore, the applicant would be required to dispose wastewater into a septic tank system. 34. Utilities: Underground electrical, telephone and cable services are available to the property. 35. PolicelFire Services: The nearest Police and Fire facilities are located in Waimea, approximately 7 miles east of the property. Waimea is also the primary employment and commercial center for this portion of South Kohala. 36. Recreational Facilities: The Waimea Park and Anuenue Playground are located approximately 6 miles east of the property. Spencer Beach Park is located approximately 6 miles to the west. AGENCIES' COMMENTS 37. Department of Public Works (August 23, 2002 Memo): "We have reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. -6- 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. The access road fronting the subject property is private." 38. Department of Environmental Management-Solid Waste Division (July 29, 2002 Memo): "Relating to the subject application for Change of Zone, this division has no comments." 39. Police Department (August 2, 2002 Memo): "Staff has reviewed the above-referenced application and there are no concerns regarding the proposed zone change." 40. Fire Department (August 5, 2002 Memo): "We have no comments to offer at this time regarding the above-referenced applications." 41. Department of Land and Natural Resources-Land Division (August 23, 2002 Letter): "Thank you for the opportunity to review and comment on the subject application. "A copy of the document covering the subject application was distributed to the following Department of Land and Natural Resources' Divisions for their review and continent: - Division of Aquatic Resources - Division ofForestry and Wildlife - Division of State Parks - Commission on Water Resource Management - Land Division Engineering Branch - Land Division Planning and Technical Services - Land Division Hawaii District Land Office Land Division Engineering Branch comments: "We confirm that the project site is located in Zone X (Not shaded). This is an area determined to be outside the 500-year flood plain " "The Department of Land and Natural Resources has no other comment to offer." 42. Department of Health (July 29, 2002 Memo): "By current rules, the subject lot is 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 (I ) -7- cesspool would be allowed on the lot. Aseptic tank system would be needed if a second wastewater disposal system is needed on this lot." 43. Department of Transportation (August 13, 2002 Letter): "Thank you for your transmittal requesting our review of the subject project. The proposed 2-lot subdivision by itself will not significantly impact our State highway facilities. "However, these types of `piece meal' applications can lead to greater housing density and associated traffic impacts if allowed to proliferate in an area or region. If more of these 2-lot subdivisions are permitted in this area, their cumulative effects may require roadways and intersections improvements to mitigate cumulative impacts. As such we would like to initiate discussions with you on the future land use plans for the area so that long range roadway system plans can be updated and modified to accommodate anticipated land use changes and infrastructure needs. "We appreciate the opportunity to provide comments." 44. Land Use Commission (July 30, 2002 Letter): "We have reviewed the subject applications forwarded by your memorandum dated July 19, 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 the applications. We have no further comments to offer at this time. "Thank you for the opportunity to comment on the subject applications." AGENCIES - NO RESPONSE 45. Department of Water Supply, Real Property Tax, Department of Land and Natural Resources-Historic Preservation Division, Natural Resources and Conservation Services PUBLIC COMMENTS 46. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -8- ' STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMEN~(~? ,JL'L 3 P(~ 1 `I3 ~i ~ 1.. ~ ~'~~~--hJT (Type or legibly print the requested information) Cv ' ( i PETITIONER: PETITIONER'S SIGNATURE: cJ~i ATE: J ~ ~`lr- G' ADDRESS: { i PETITIONER'S INTE S~~NOT OWNER: V OT - TELEPHONE:(Bus.) ~ (Res.) ~ (~axe~~ ~7ry~ LANDOWNER(S): / 0 LANDOWNER SIGNATURE(S): ^n"t'~~ATE: ADDRESS: /n~1" ~ ~~(May be~,y le Lam. (.~~1. 7 0c37/ TAX MAP KEY: .~-h - ~ "~~~"/2/~ STREET ADDRyESS/OF PRO~iP~ERTY: Lo~~ ~p~-?.~' ZONING: 6-'~~itT SIZE OF PROPERTY: ~/D ff /o~~'/'~~ CURRENT STATE LAND USE DISTRICT CLASSIFICATION• ~°'T REQUESTED STATE LAND U E DIS CT CLASSIFICATION: ~ AGENT: rri`~~ ~ ADDRESS: ' TELEPHONE:(Bus.) (Res.) ~ ~ (Fax) Please indicate to whom original co~esp)ondence and copies shoul/d~be sent. L ORIGINAL:~~~[B~? L~~r6LJ/~21y../ COPIES: L~c'~~'2 % ~S~>(/~./ (See Instructions on Reverse Side) E X H 1 B 17 r A 1 RE: ANEKONA LOT #25 TMK: 3/6-2-11-25 We are co-owners of the above referenced property with Robert and Deborah Fischler ojLos Angeles, California. We occupy a home on and have exclusive use ojapproximately 2.5 acres of this parcel as is spelled out in our condominium property regime documents. It is our understanding and we hereby accept that the Fischlers wish to re- zone and subdivide this parcel. As long as there are no financial ob/igations on our part, we wi/1 sign any and all necessary documents to help the Fisc/rlers achieve their goa/. It has been represented to us that the Fischlers wi/1 bear all costs of re-zoning and subdivision of this parcel. This agreement is attached and made part of the applications that are bein~g~submitted to the County of~Hawaii. ~ "~`~r-r `~I ZG' ~Q (113-- d 2a o y Joh akland f Date J ie O land Date - STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: ROBERT D. and DEBROAH A. FISCHLER, JOHN and JULIE OAKLAND, OWNERS TAX MAP KEY: (3) 6-2-11:25 Lot 25 Anekona Estates Being a portion of R.P. 2237, L.C. Aw.8518-B. Ap. 1 to James Young Kanehoa at Ouili, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the Slate Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five-acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.0005 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64-mile marker in Ouili, South Kohala, approximately 100 feet southwest from the Anekona Street/Kanehoa Street intersection, Hawaii TMK: 3/6-2-11-25 GENERAL INFORMATION 1. Robert D. & Deborah A Fischler, and John & Julie Oakland are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicants are proposing to create atwo-lot subdivision using a 2.6402 acre portion on the southern side of the parcel and a 2.3063 parcel adjacent to the Kanehoa Drive. 3. The existing lot presently has access off Kanehoa Drive that will accommodate the two proposed lots .See accompanying rezoning exhibit map. 4. The 2.3603 parcel presently has asingle-family home that is occupied by John and Julie Oakland. 5. Electrical, telephone, and cable television service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The Fischlers do not intend to improve the 2.6402 acre portion at this time. APPLICANTS' STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) P~ , -3- 5TATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 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. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.0005 acre parcel located on the south side of Kanehoa Drive approximately one-half mile south of Kawaihae Road. 13. The site has Isingle-family home. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. I5. 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. 16. The topography of the site is fairly level with slopes less than 10%. ] 7. The average annual rainfall is 20 - 35 inches. 1 S. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used For pasture- Puu Pa extrerely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found ]ow on the leeward side ofHualalai, 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 dart: 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, runoffis medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. 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. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and ]-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-la, located to the west ofthe'site is undeveloped at this time. 23. There is a small State Urban district area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 25. Twenty-five 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. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30 This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. 1'he 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. 31. The nearest police station is located seven miles east of the site in Wairnea. 5 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. / ° ' APPLICANT'S S'I'ATEIB~IENT FOIi I-2ECLASSII;'ICATION FRDI~'I AGRICULTURAL Tfl RURAL CIIANGE OF ZONE REQUEST RECLASSIFICATION FROtVI AGRICULTURAL 5-ACRES, PREVIOUSLX UNPLANNED, Tfl RESIIJENTIAL-AGRICULTURAL 2-ACR:~S PETITIONERS: ROBERT & DEBORAH FISCHLER; JOHN & JULIE OAKLAND TAX MAP KEX: (3) 6-2-11:25 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots ofnot less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules #hat 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 ] 5-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum Jot size of one-half acre. The commission for good cause may allow one loi 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 ]2. This exception shall apply to lots of record existing prior to Ianuary L 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. Applicant, Fischler may eventually sell to asingle-family dwelling buyer. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this ,~t~ue to: (I) Effectively accommodate the housing needs of Hawaii's peoples (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 corrvnunities 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 boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic conununity 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 ofsocio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable conm~unities 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. AGRICULTiIRE ® 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 convertiently 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 ofsingle-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. _ A 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 flan 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 Farnily Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as darned 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." G. The applicant believes that the removal of #his particular 5 acres of land fr orn the State Land Use "Agriculture" district will not jeopardize the Agricultur. I land inventory of the State or• the County, as a result of the pour land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. 'there is an absence of any major andlor commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot sine to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 3. The applicant believes all utilities and services are available Yo the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20'of pavement. Two water meters, via a 6-inch county water line are installed at property which front the project site. Electrical service is currently servicing the property from Hawaii Electric Light Co. Inc., and telephone service is established from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topagraphica? problems which cannot be properly rectified or .vhich would e•endcr tlae l:;nd unusable. The U.S. Corps of Engineers Flood Insurance Rate Map {FIRt~~1) designates the property outside of the SCO-year flood plain (Zone X). 33ased on the above, the applicant believes the appraval of the State band SJse Boundary Amendment to the :~?ural District and the Change of Zane frvm Agriculfural 5-acre to Residential-Agricultural 2-acre complements the State .and Use District Regulations and is supportive of the State of Hawaii flan and the County of Hawaii General flan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone fa~om Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. . - TRUE NORTH ANEKONA ESTATES SGV.E.• 1 /NLW - 100 FEET Lot 30 Samuel K Toguma Trust (Owner) N Lot 27 Portion of R. P. 2217, L. C. Aw. B51B-B, Ap. 1 to James Young Konehoa 11,419.05 Ft. North N far/4' 569.91 17,475.27 Ft. west 2771578" 24.35 lazsesn'• - R-1950.00 - - 714' - 297.74 ~ I II h LOT 25 ~ 5.0005 ACRES 27875'18" J7/.95 ~ h" a ly ~ N~~ ~ PROPOSED LOT 25-B ~ PROPOSED LOT 25-A ~i ~ (2.3603 ACRES) ° -+.~o (2.6402 ACRES) ~ I I, o J ~ 6 ~t o Dlgly. CE99PpOL~ / H' OAKLN.,p O ~J RESIDENCE / j oy~""""~T~- Nen~..N 775, 00 9'49' 19J,n3fp„_` 30 • ~ e~ ?74.03 ~T9 wgTER HE ~R Lot 24 W Collette M. Anderson, et ol. (Owners) REZONING EXHIB/T ROAD MAP SNOW/NG LOT ' ;q ' , LOT 25 OF ANEKONA ESTATES w ~K°"'%^~- oyry,° Rood Being o Portion of pl. T. y R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoo Qy`' LICENSED At Ouli, South Koha/a V~ vADF~yp~ Island and County of Hawaii, State of Hawaii tM4p 1R suµyErpA NOTES: This mop war prepared by m o No• b31 unde my direct supervision. ~gwAN U S P- 1. Azimuths and coordinates ore referred to Government Survey Triangulation Station PUU PA". C YSTAL THOMAS Y Z Names of owners of adjoining parcels ore Irom avoilob/e Tax Licensed Professional Lond Surveyor Mop records. State of Howoii Certi/kofe Number LS-433f TAX MAP KEY. 6-2-11:25 (3RD OMSION) f1ELD BOOK NO.: PROJECT NO.: 15522.3 DATE.- JUNE 17, 2002 June 18, 2002 p:\active\15000-15999\15522.3\155223.dgn WES THOMAS ASSOCIATES - Lond Surveyors - 75-5749 Kalawa Street Koiluo-Kona, Hawaii 96740-1817 m reeo~ ire ~i<. rev re~ei i.,~ e:,. ~i ,_m,~_ _ R CHANGE OF ZONE APPLICATION r,,, COUNTY OF HAWAII 3 1PI~,~~lV1VING DEPARTMENT (Type or I gid bly print the requested information) f~. APPLICANT: ~ ~ ~ / S APPLICANT'S SIGNATURE: DATE: ~ ~O v ADDRESS: I D ~ ~ G d,? d -,0 ~ 6~ o ~ ,tit/-~. , ~'il/~=L'.~.tii/~ ~c~~7 LIST APPLICANT'S INTEREST IF NOT OWNER: _ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: /~/,/I' PHONE:(Bus. ~ (Res. ~ Fax LANDOWNER(S): /1 mil, $ 5¢eaH~c~xd LANDOWNER SIGNATURE(S): ~ oru DATE:~~O2-~ (May be b tt ~ ~ q LANDOWNER(S) ADDRESS:~~D~/O `-"~~C/r~ /G~~, REQUEST: 'T" TO ~~/T (Existing z ~ g) (Proposed Zoning) TAX MAP KEY: . ~ ~ STREET ADDRESS OF PROPERTY: .J SIZE OF PROPER7T~Y OR AFFECTED AREA S) TO BE REZONED: • t90 O ~ ~S AGENT: //i i/-~?Ci y"' 'J/~a ADDRESS: ` ~'a • TELEPHOAFE:( us.) (Re . (Faz)~~C`=~~L Please indicate to whom original correspondence and copies should bent. 1 ~j /J~ / ORIGINAL: ~g~J /S~ COPIES: % ~SCXf-~/ (See Instructions on Reverse Side) E X H ~ B ~ T RE: ANEKONA LOT #2.5 TMK: 3/6-2-II -25 We are co-owners ojthe above referenced property with Robert and Deborah Fischler of Los Angeles, California. We occupy a home on and have exclusive use of approximately 2.5 acres of this parcel as is spelled out in our condominium property regime documents. It is our understanding and we hereby accept that the Fischlers wish to re- zone and subdivide this parcel. As long as there are no financial obligations on our part, we will sign any and all necessary documents to help the Fischlers achieve their goal. It has been represented to us that the Fischlers will bear all costs of re-zoning and subdivision of this parcel. This agreement is attached and made part of the applications that are being submitted to the County of Hawaii. Jo Oakland Date Ju ~ e O 1 and ate ~ _ 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? 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? Gj ppprj qCJ( b. Into what lot sizes? t Q~~, 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? ~j mp~.+{~S d. Do you intend to build houses on the newly created lots? ~p If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. PxiClasul 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. 5/84 f. IF you intend to do either a, b, c, please elaborate on the kind of plans the other -party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? ~ S How? OQ~r-}vm-~~ -~r^mmeont, -lo b~,'~td 0.. 'narn¢~ i. a Are there any buildings on the subject area? ~D If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? ~ p If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? ~0 If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subjtct area and present evidence of consideration of the above requirements together with your request for a change of zone. ii you do trot intend tc ;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? X10 If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? fJ p If so, what kind? Is the road adequate. for the proposed traffic volume or load? 4ES 9. What sort of governmental assistance andjor improvements do you feel will be needed in the subject area when developed? Yes iVo a. Schools T b. Roads X c. Sewer d. Drainage -3- L'-.._ Yes No e. Police Protection V~ f. Fire Protection g. Recreational Facilities X h. Public Utilities X i. Other _ For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: __~i~/-~'~7~^fi~-s+'°~`~/- `~~t~+=~ Address: ~d ~~Q '~r'~ _D'? f"rl `'T'L' S0C7~ Telephone: - Date: ~ _q_ ~ ~ ~o ~o '`o.~ ANEKONA ESTATES on\~ o R0.40 LOT "A` o ROAD LUT c 7; I ' I 4 ~-Existing Easement 22 - ~ a r ~ ~ ~ ~ ~ x Z 0 AMA. ~ t_~ II 51RE D ~ K~PNUIOMANt ~ 0 ~ ? 0 P" r~ ri 1el 1 _ J n 1 SCALE: 1 /NCN = 400 FEET --'7 . ENVIRt~NMENTAL REP~4?f~T I+G'R RECLASSII?ICATIQN FRt)M AGRICIJLTU3.AL TG I'.URA3, CIIANGE Og' Z®NE REQUEST ER®M AGRICIJI,3'~JI2AL ~-~,C~'>FS TO RESIDENTIAL-AGRICULTURAL ~-ACRES PETITIONERS: ROBERT D. & DEBORAH A. FISCHLER, JOHN & JULIE OAKLAND TAX MAP KEY (3) 6-2-11:25 A SUBJECT REQUEST: Applicant$ proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.0005 acres and will be subdivided to create two lots, 2.6402acres and 2.3603 acres. The 2.3603 acres presently has asingle-family dwelling occupied by applicants, the Oaklands. The 2.6402 acres is presently vacant but will be developed at some time in the future for use as a residential agricultural Lott eKclus~~a rF use, beln;,~s 70 ``fP"c.,,is The present lot has access points on Kanehoa Drive that provides access to each of the -f ho ~-ischl~^s. 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 Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-5a). There are no Community Development Plans for this area. The property is Host located within the County of Hawaii's Special Management Area. 1. The applicanC believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the dIawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when detern~ining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclu ,ion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to ]ow-density residential uses for small farm or agricultural uses. 2. The applican>t~believeq the proposed redistricting is consistent with §15-15-27 oT 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 IS-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 al] other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. Tl~e proposed reclassification is also compatible with the st tutory definition ofLow-density residential lots of more than one dwelling house. T#t~~ and like to construct'Single Family Dwelling. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), IIItS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses o~ the rural designation. 3. The applicant believeR that the reclassification action would also conform to thr #~ollawing goals, ohjectiv~es and/or policies articulated in the ?Hawaii State P1;~13 relating to Soda-cul+elral advancen.er5t -';3o~r;i~~g objectives :v~d p»licies: -9~ (a) Planning for the Sta'te'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 acco~mnodate 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 uaditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant~believe~ the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Ilan: 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. e 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 res~dants of the County ofHawa;i_ A Attain a diversity of socio-economic housing mix throughout the different parts oCthe County. _--f~, Maintain a housing supply which allows a variety of choice. • Develop better places to live in I3awaii County by creating viable commu~uties 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 regard}ess 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-FAMII,Y RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers- . The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-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 beriveen 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 esiablishmer,t of these areas shall be developed. I' The Land Use Pattern Allocation Guide (LUPAG) Map component of the Genera] 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 Rtiral 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 nrral boundary amendment would complement and implement the General Plan. 5. The applicantsbelievea 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 nasal areas where "city-Gke" 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 orily within the state land use rural or urban districts." 6. The applicant$believep that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. "I'he 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 "L" or Very Poor. Furthermore, a Rural classification would complement the existing and luture residential land use patte«is of the surrounding properties ir; view of the land quality of the surrounding properties- and permissible uses. s 7. The applicant bclieveq tha proposed reduction of lat sine to two acres is consistent with the surrounding prr•pertics in the Canehca and Aneicor:a _ subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Aneknoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believe/ all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicanY5belfeveY the property has no severe geological or topographicsl problems which cannot be properly rectified or which would sander the laud unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). s Based on the above, the applicant believey the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplatned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the Stale of ffawaii Plan and the County of Hawaii Ocneral Plan. C. PI3YSICAL CHARACTERISTICS AND ENVIRf;~l",'li'II?1`I3'AU SET'IIItiG ~~P THE PROPEK`I`I AND SIJRIIOUNDiPdt< f1REA.: 1. The property is a 5.00.5 acre parcel located on the south side of .~_anehoa Drive approximately one-half of a mile south ofK awaihae Road. 2. The property is located six miles east of the ocean. 3 Except for one single-family dwelling located in the NorthQdst portion of the lot with minimal landscaping, the site is barren except for grasses and weeds, see attached plant list. 4. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or a~umal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common atumal 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 I 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 ofthe Puu Pa Soil series. The Puu Ya series consists ofwell-drained stony very fine foams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperatwe is between 69 degrees and 77 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 mode; ate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural I ands of Importance to the State of Hawaii (ALISt it classification ^yste~n, the property is not classified ] 2. The Land Study Bureau Overall Productivity for this area is "L", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FTRI~l) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-5 a, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Ilse Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minima] agricultural activities. 17. Twenty-five 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. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' v,~ide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. T}us area is not serviced by a municipal sewer system. Al] 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 seven milas east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground lucaied six miles east of the site- Hapuna Beach Park is seven miles to the west of the sit,. Spencer Beach Park is located six miles west vfthe site. 8. Public schools (six miles east) and private schools (4 miles east) provide educatic,~~l services to the area. -i5 . Kho'VIIiONM ~Tr'TA.L.~.SSI:S3IihI~ItTTls1V1? A.NAIJ~'tih: 1. The proposed action does not involve any irrunediate additional development of the property. 2. The entire property has been graded and utilized for the pasturin?~ of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone 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. I I. The proposed action wilt lead to the addition of one agricultural-residential unit in the South Kohata 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 agricu]tural 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. I5. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato IZA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would al.,o 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, rte short-term exploitation uC resources that would entail negative long-term consequences has been identified ti r the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable connnitment of only negligible quantities of natural resources. fl IJANT~9 LI5 i I' ~'i TAB I~IAP KAY (3) 6-2~11:2~ LOT 2s ANIJI~®NA ES~'A'I'ES SUI3DIVIS~~1'~ OULI, S®UTH IC®LIALA, ISLAND (~F I-IAWAII, ~]ATia'A~I Plants HAWAIIAN NAME SCIENTIFIC NAr1~ COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Buflle grass Pennisetum sataceum .Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava -~7-- ~41~tntCa& OF WI~E /~PPLICATIo' ~ t ~{fC~1~1141'c ~Cf'~ U+UCEY{ T?~M ~ 5 ~E ATrftGrt~ ~jE'rit1L.ED +araP AGP.ICJLTURAL 0 AGRICULTURAL TO RURAL o AREA = 5.Oa5- ACRES z ~~6-2-d1-25 ~ o AGRICULTURAL KOwolh°e Pl 1~ K'4//y fq ° / 'rAW ~ A/l~q f i sy N ~`'~4D 4 AGRICULTURAL AGRICUL fUK'A ~ Sp4 qH HOq i 1 pF1~~M, it - 1 ~cSl lJCE ~ \ /T ~ S pE \ AGRICUL IURAL RURAL 1 1 AGRICUL fURAL S~ _ m / - ma^° is i FCa AG21GULfURAL a ni--. 4~ h, ~ ~4~~~~~r~~~~~ A~tEh`.DII~IG THE STATE LAttiD USE Bd?Ut.~OARIES ~fAP, H-14 ,FOR THE COUh'lY OF _ HAlS`Aii, BY CHAfdGiltG THE QISTRICT CLpSSIFICATIOtt FROk4 THE AGRICULTURAL n,ernir~r ~r nlrrl cnllTU VnpAl~ HAWAII. _ TRUE NORTH ANEKONA ESTATES SCALE:' l l/~'CH ~ 1~ ~Ef Cat 30 Somue/ K. Togumo Trusf (Owner) N Lot 27 Portion of R. P. 22J7, L. C. Aw. 8578-B, Ap. 1 to James Young Konehoo 11 419 05 Ft. North N 18714' 569.91 17,475.27 Ft. West 177J578" ?4.J5 it175ti'SB•' - R=1950.00 714' - 19774 ~ I u n ~ 5.0005 ACRES 27s25'1s•• 371.95 ~ y~l a 1, a ~ ~ ~ ~ ~ ~ PROPOSED LOT 25-A °ii ~ N,2 „ PROPOSED LOT 25-B ~ ~ (2.3603 ACRES) ~a'~o ~ (2.6402 ACRES) I ~ ~ ~ 1 0 LL J DInH. CESSPpOL~ ^I Q ~ H' J ORK1rW0 O RESIDENCE ~f 1 ~I{I f ~...~.1 M° h`NWN 4MVL wl~K/ T W~+,. ?75.CY1 _ 79.3'SJ't0.._ - 9'493p" ~ 274.03 w4rER nE j R 519.0,/ Lot ?4 Collette M. Anderson, et ol. (Owners) 13EZON/NG EXHlB/T ROAD MAP SHOW/NG ~ 0 T "A " LOT 25 ro A•v OF ANEKONA ESTATES Wouneo q Being o Portion of yStP~ T• Y.~ R.P. 2237, L. C. Aw. 8518-B, Ap. 1 to James Young Kanehoa Q, ~ UOENSED Af Ouli, South Kohalo o P~~toNu is/and and County of Hawaii, State of Howoii urro * suavEypq NOTES Thie mop was prepared by m oyS, ka• P. unde my diroct supervision. K'AM l1`~' i. Azimuths and coordinates are referred fo Government Survey Triangulation Station PUU PA'. C AL THOMAS Y 2. Names of owners of adjoining parcels ore /ram available Tax Licensed Professianol land urveyor Mop records. State of Hawaii Certificate Number LS-4331 PROJECT NO.: 15522.3 rAX MAP KEY. 6-1-71:25 (3RD OMSION) F7EL0 BOOK NO.: DAIE.' JUNE 17, 7002 June 18, 2002 p:\active\15000-15999\15522.3\155223.dgn WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawo Street Kailuo-Kona, Howoii 96740-7817 L--_-_ e?n 3-0_ _ co I ia~~a s „N" A O'=x_c__.__________c~ o W o I b~ e^ .Q ri ; zz N'~^I Ntl f o _ . s O 1'~f ¢ a ~ gS. u~ 'i; ~ " ~ a ~ W I r it ~ iT~Jd. ~nj ~.N $i/ ! t ®r ;I nr i ` x. -R O ~~i ~ 1 l ;O ~ o ^ _ 9 I 1. °r} o k ~ iv ii r, ~r z y ^ ~ iQ. i ; ~I Q i < ~ l~ ~ ~ S` ~ r 2 0 ; l+'r ~ o ~ i I i~ ~ .ie h 1\ \p W r _ lg' Y _l ~ ,i Q „I . i n 3 'i ' I~jt~' N o ! q O ~ ^„e _ ' 4 ~ ii q ~ v 3°e 'j O rya Ii \ .°~W'.. xi. k I '~~r ~4 ~ ~ ~ i~ f~ I~ E .,r. \ ,I O 'O 4 O `-00' amid- 3 / ~ / i m~ ~ ml ~ 3 O I Pi n a ~ °mll v ! ~ I'., I of o y nll I : ~ . r ~ k L O i fl ~ \ o o, X H I B I T III ~ W = , 1~ \ i y °~a I . 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