HomeMy WebLinkAboutCOM 0168.000 2002-2004Harry Kiln
Mayor
County of Hawaii
25 Aupuni Street, Room 215 • Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808)326-5663
March 3. 2003
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 02-012)
Request: Agricultural to Urban
Change of Zone Application (REZ 02-022)
Request: Agricultural (A -5a) to Multiple -Family Residential (RM -2.5)
Applicant: Pua`a Development, LLC
Tax Map Key: 7-5-10:6
State Land Use Boundary Amendment Application (SLU 02-011)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-021)
Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a)
Applicant: Erwin L. Baldwin
Tax Map Key: 6-2-9:9
State Land Use Boundary Amendment (SLU 02-013)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-026)
Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a)
Applicants: Philip R. and Diane C. Delmer
Tax Map Key: 6-2-11:3
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Managing Director
Peter Hendricks
Depury Managing Director
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Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
March 3, 2003
State Land Use Boundary Amendment Application (SLU 02-014)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-027)
Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a)
Applicant: Theodore T. and Susan T. Herhold
Tax Map Key: 6-2-11:12
State Land Use Boundary Amendment (SLU 02-015)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-028)
Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a)
Applicant: Paula K. Kosters
Tax Map Key: 6-2-11:31
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.
Ecerely,
Harry Kim
Mayor
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Enclosures
cc: Planning Department
Harry Kim
Maw,
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3041
(808)961-8288 • Fax(808)961-8742
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 02-011)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-021)
Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a)
Applicant: Erwin L. Baldwin
Tax Map Key: 6-2-9:9
The Planning Commission, after a duly held public hearing on February 7, 2003, voted to
recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone changing the district
classification from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for
approximately 6.104 acres of land. The property is located in Kanehoa Subdivision, bordered
by Kawaihae Road and `Ouli Street, `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 6.104 acres of land in order to
subdivide the property into two lots, 3.837 acres and 2.267 acres in size. The applicant
resides in the existing dwelling situated within the proposed 3.837 -acre lot. There is also
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
a request for a Change of Zone from an Agricultural (A -5a) to a Residential and
Agricultural (RA -2a) zoned district that is concurrently being processed for the property.
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, Chapter 28 of
the Hawaii County Code, Rule 13 of the Planning Commission Rules of Practice and
Procedures, the County General Plan and the Hawaii State Plan. According to the
Hawaii Land Use Commission Rules, the following three standards shall apply when
determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city -like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with the low-density residential lots; and
(3) It may also include parcels of land which are surrounded by, or contiguous to this
district, and are not suited to low-density residential uses for small farm or
agricultural uses.
The property was created on April 29, 1985 as one of the original 26 lots of the
Kanehoa Subdivision. Presently, the subdivision consists of 28 parcels. 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 are encumbered as
Condominium Property Regimes (CPRS). The parcel to the south of the property was
reclassified to Rural and zoned Residential and Agricultural (RA -2a) by the County in
1999. However, the immediate adjacent parcels to the west and east are 5+ -acre parcels
that are within the State Land Use Agricultural District and are zoned Agricultural (A -5a)
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 -5a) and Residential and Agricultural (RA -2a) zoned
districts. The Kamuela Plantations Subdivision, consisting of 10 lots, is located
immediately to the east of Kanehoa Subdivision; Anekona Estates Subdivision is located
immediately to the west; and the Waimea Landmark Estates Subdivision, consisting of 26
lots, is located further west along the north side of Kawaihae Road. Those subdivisions
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
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 further 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 proposed Hale Wailani Subdivision
is also situated further west 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 -5a to RA -2a for three parcels in the Kanehoa Subdivision. Two of the
parcels have secured Final Subdivision Approval. Similar land use changes were
approved for 12 parcels in the Anekona Estates Subdivision. Of those parcels, 11 parcels
have secured Final Subdivision Approval, and one parcel has 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. It is pointed out that there is a similar request
in the Anekona Estates Subdivision for reclassification of Tax Map Key 6-2-11:25
(Robert D. Fischler) that is presently pending with the County Council. In addition, three
land use reclassification requests have been submitted for the following parcels in the
Anekona Estates Subdivision: Tax Map Key 6-2-11:3 (Philip R. & Diane C. Delmer),
Tax Map Key 6-2-11:12 (Theodore T. & Susan T. Herhold), and Tax Map Key 6-2-11:31
(Paula K. Kosters).
Section 15-15-27 of the Hawaii Land Use Commission Rules determine 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 464(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."
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
The proposed boundary amendment is for similar residential -agricultural uses that
are compatible to the Rural designation. The applicant has stated that the 6.104 acres will
be subdivided into two residential/agricultural lots, each with minimum two acres in size.
Thus, the requested boundary amendment would be in the direction of fulfilling the
permissible uses of the rural designation.
The proposed Rural boundary amendment request would be consistent with the
Land Use Element of the General Plan. Land use is one of the principal focal points of
public concern and policy. The Land Use Element provides the primary basis for direct
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 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:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zoning request shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zone
uses, availability of public services and utilities, access, and public need.
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Rural -style residential -agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
The proposed Rural boundary amendment request would also complement the following
goals, policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
HOUSING
• Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
• Attain a diversity of socio-economic housing mix throughout the different parts of
the County.
• Maintain a housing supply which allows a variety of choice
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee -simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
SINGLE-FAMILY RESIDENTIAL
To maximize choices of single-family residential lots and/or housing for residents
of the County.
To ensure compatible uses within and adjacent to single-family residential zoned
areas.
Honorable James 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 General Plan 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,
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 and 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 been approving land
use reclassifications in the Kanehoa, Anekona Estates, and Kamuela Plantations
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 from Kawaihae Road into this
portion of Kanehoa Subdivision is `Ouli Street. Sixteen (16) parcels in this section of
Kanehoa Subdivision have access to Kawaihae Road via `Ouli Street and 12 parcels
have access via Kanehoa Street. ` Ouli Street is a private road that has a right-of-way
width of 50 feet with a 20 -foot wide agricultural standard asphalt pavement with
grass/gravel shoulders. Direct access to the property is from `Ouli Street. According to
the Department of Water Supply, the property has two service laterals for the proposed
lots. As there is no municipal sewer system in the area, the applicant would be required
to dispose wastewater into a septic tank system meeting the approval of the State
Department of Health. 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
X, areas determined to be outside of the 500 -year flood plain.
While the property is within the State Land Use Agricultural and County's
Agricultural - 5a zoned districts, it is not currently being used for active agricultural
purposes. The property was previously utilized for cattle grazing. The property is
unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH)
System. Soils within the property and surrounding area are classified as "E" or "Very
Poor" for agricultural productivity by the Land Study Bureau. While the potential for
intensive and/or extensive agricultural uses may exist, the soil conditions within the
property and surrounding area would preclude such intensive agricultural activities from
being conducted without a significant amount of effort.
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 pattern 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 not situated within the
Special Management Area. It is located approximately seven miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
is no identified recreational resources, historic resources, public access to the shoreline or
mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or
other natural and environmental resources in the area. Thus, the proposed request and use
of the property will not adversely impact those resources.
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:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
(a) Planning for the State's socio -cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
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 State Land Use Regulations and is supportive of the
State of Hawaii Plan and the County of Hawaii General Plan.
Change of Zone
The applicant is requesting a Change of Zone from an Agricultural (A -5a) to
Residential and Agricultural -2 acres (RA -2a) zoned district for approximately 6.104 acres
of land in order to subdivide the property into two lots, 3.837 acres and 2.267 acres in
size. The applicant resides in the existing dwelling situated within the proposed
3.837 -acre lot. There is also a request for a State Land Use District Boundary
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
Amendment from an Agricultural to a Rural district that is concurrently being processed
for the property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural -5 acres (A -5a) to Residential and
Agricultural -2 acres (RA -2a) zoned district will conform to the following goals, policies
and standards of the General Plan Land Use Elements. Land use is one of the principal
focal points of public concern and policy. The Land Use Element provides the primary
basis for direct control and guidance of publicly and privately owned resources. It 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:
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
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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
The County shall protect residential property values from depreciating influences.
SINGLE-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.
• 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. 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 and 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 been approving land use reclassifications in the Kanehoa, Anekona Estates,
and Kamuela Plantations 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 and ratified on April 6, 1999, all Unplanned
zoned districts were reclassified to Agricultural -5 acre (A -5a). Therefore, the property is
presently zoned A -5a.
The property was created on April 29, 1985 as one of the original 26 lots of the
Kanehoa Subdivision. Presently, the subdivision consists of 28 parcels. 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 are encumbered as
Condominium Property Regimes (CPRs). The parcel to the south of the property was
reclassified to Rural and zoned Residential and Agricultural (RA -2a) by the County in
1999. However, the immediate adjacent parcels to the west and east are 5+ -acre parcels
that are within the State Land Use Agricultural District and are zoned Agricultural (A -5a)
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 -5a) and Residential and Agricultural (RA -2a) zoned
districts. The Kamuela Plantations Subdivision, consisting of 10 lots, is located
immediately to the east of Kanehoa Subdivision; Anekona Estates Subdivision is located
immediately to the west; and the Waimea Landmark Estates Subdivision, consisting of 26
lots, is located further west along the north side of Kawaihae Road. 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 further 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 proposed Hale Wailani Subdivision
is also situated further west 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 -5a to RA -2a for three parcels in the Kanehoa Subdivision. Two of the
parcels have secured Final Subdivision Approval. Similar land use changes were
approved for 12 parcels in the Anekona Estates Subdivision. Of those parcels, 11 parcels
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 13
have secured Final Subdivision Approval, and one parcel has 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. It is pointed out that there is a similar request
in the Anekona Estates Subdivision for reclassification of Tax Map Key 6-2-11:25
(Robert D. Fischler) that is presently pending with the County Council. In addition, three
land use reclassification requests have been submitted for the following parcels in the
Anekona Estates Subdivision: Tax Map Key 6-2-11:3 (Philip R. & Diane C. Delmer),
Tax Map Key 6-2-11:12 (Theodore T. & Susan T. Herhold), and Tax Map Key 6-2-11:31
(Paula K. Kosters) in the Kanehoa Subdivision. 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 a two -lot
subdivision with one home on each lot, the potential to allow four (4) homes may
contribute to a cumulative burden on the existing infrastructure (road, water, etc.) which
cannot be supported. Therefore, a condition is included in the change of zone ordinance
to prohibit a second dwelling unit and a Condominium Property Regime on each lot. It is
pointed out that the applicant has represented that restrictive covenants will be developed
for the subdivision that will prohibit ohana dwellings in order to preserve the residential -
agricultural ambience of the area.
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 property is unclassified by the Agricultural
Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property
and surrounding area is classified as "E" or "Very Poor" for agricultural productivity by
the Land Study Bureau. While the potential for intensive and/or extensive agricultural
uses may exist, the soil conditions within the property and surrounding area would
preclude such intensive agricultural activities from being conducted without a significant
amount of effort.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 14
The primary access from Kawaihae Road into this portion of Kanehoa
Subdivision is `Ouli Street. Sixteen (16) parcels in this section of Kanehoa Subdivision
have access to Kawaihae Road via ` Ouli Street and 12 parcels have access via Kanehoa
Street. ` Ouli Street is a private road that has a right-of-way width of 50 feet with a
20 -foot wide agricultural standard asphalt pavement with grass/gravel shoulders. Direct
access to the property is from ` Ouli Street. Similar changes of zone may occur
throughout the Kanehoa Subdivision as well as the adjacent Anekona Estates Subdivision
that would create additional homesites placing additional traffic burden on Kawaihae
Road. Therefore, conditions of approval have been included to ensure that the requested
road improvements be planned for either through a Federal transportation program or
through the fair share contribution towards roads.
According to the Department of Water Supply, the property has two service
laterals for the proposed lots. As there is no municipal sewer system in the area, the
applicant would be required to dispose wastewater into a septic tank system meeting the
approval of the State Department of Health. 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 subject request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal 'Lone Management Area. The property is not situated within the
Special Management Area. It is located approximately seven miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
is no identified recreational resources, historic resources, public access to the shoreline or
mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or
other natural and environmental resources in the area. Thus, the proposed request and use
of the property will not adversely impact those resources.
Finally, because the property and surrounding areas have been previously grazed
by cattle and 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 15
Based on the above findings, approval of the Change of Zone request from Agricultural -5
acres (A -5a) to Residential and Agricultural -2 acres (RA -2a) zoned district would result in an
appropriate land use pattern that will further benefit the public.
For your favorable consideration, amendments to State Land Use Boundaries Map H-25 for
the County of Hawaii and Section 25-8-7 (North and South Kohala Districts Zone Map) of
Chapter 25, Zoning Code of the Hawaii County Code are transmitted.
We are enclosing a copy of the staff background for your information.
Sincerely,
Fred Galdones, Chairman
Planning Commission
Lbaldwin02PC
Enclosures
cc: Mr. Gregory R. Mooers
Mr. Erwin L. Baldwin
Department of Public Works
Department of Water Supply
Planning Department - Kona
Department of Land & Natural Resources
Rodney Haraga, Director/DOT-Highways, Honolulu
BBaldwin0l nkagk- 1/27/03
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ERWIN L. BALDWIN
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-011)
CHANGE OF ZONE APPLICATION (REZ 02-021)
Erwin L. Baldwin has submitted applications for a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone by changing the district
classification from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for
approximately 6.104 acres of land. The property is located in Kanehoa Subdivision, bordered by
Kawaihae Road and `Ouli Street, `Ouli, South Kohala, Hawaii, TMK: 6-2-9:9.
GENERAL INFORMATION
Land Ownership: Erwin L. Baldwin Living Trust is the fee owner of the subject
property.
2. January 25, 1989: Building Permit No. 895010 issued for single family dwelling.
3. July 9,1991: Date of final construction inspection for Building Permit No. 895010.
4. October 6, 2000: Building Permit No. 006353 issued for the addition of a covered lanai.
5. February 13, 2001: Date of final construction inspection for Building Permit
No. 006353.
6. August 1, 2002: Building Permit No. 026027 issued for the addition of a solar water
heater. Has yet to receive final construction inspection.
PROPOSED DEVELOPMENT
7. 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 -5a) to a Residential and Agricultural (RA -2a) zoned district for approximately 6.104
acres of land. The applicant proposes to subdivide the property into two lots, 3.837 acres
and 2.267 acres in size. Underground utilities will be provided from the existing
infrastructure that presently serves the Kanehoa Subdivision. Construction at the site will
commence upon obtaining all government approvals. It is pointed out that the applicant
resides in the existing dwelling situated within the proposed 3.837 -acre lot.
S. Supportive Information: The applicant has submitted the following in support of the
request: (See Exhibit A - State Land Use Boundary Amendment and Change of
Zone Applications)
9. 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
10. State Land Use District: Agricultural.
11. Hawaii State Plan Consistency: Socio -Cultural Advancement (Housing) objectives
and policies.
12. General Plan Consistency: Goals, policies and courses of action of the Land Use,
Agriculture, Residential, and Housing Elements for South Kohala.
13. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive
Agricultural, which allows uses for pasturage and range lands. 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 and on both sides of the Kawaihae Road,
from "Extensive Agricultural' to "Rural." The area is currently residential/agricultural in
character. The County Council has been approving land use reclassifications in the
Anekona Estates, Kanehoa and Karn ela Plantations Subdivisions to State Land Use
Rural district and County Residential -Agricultural zoning.
14. 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 and ratified on April 6, 1999, all Unplanned
zoned districts were reclassified to Agricultural -5 acre (A -5a). Therefore, the property is
presently zoned A -5a.
15. Ohana Dwellings: Ohana dwellings maybe applied for with the new proposed State
Land Use Rural District and County Residential and Agricultural (RA -2a) district zoning.
The applicant has stated in its applications, "There will be restrictive covenants
-2-
developed for the subdivision that will prohibit ohana dwellings to preserve the
residential -agricultural ambience of the area."
16. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii 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, public access to the
shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazards, managing development, public participation, and beach
protection.
17. 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 seven miles
from the nearest coastline and therefore, will not be impacted by coastal hazard and
beach erosion. There is no identified recreational resources, historic resources, public
access to the shoreline or mountain areas, scenic and open space preserves, coastal
ecosystems, marine resources or other natural and environmental resources in the area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
18. Subject Property: The property is roughly rectangular in shape with a total area of
6.104 acres. The property was previously in cattle grazing but presently, is not used for
any agricultural activities. The applicant resides in the existing dwelling located at the
middle portion of the property.
19. Kanehoa Subdivision: The property was created on April 29, 1985 as one of the
original 26 lots of the Kanehoa Subdivision. Presently, the subdivision consists of 28
parcels. 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 are encumbered as Condominium Property Regimes (CPRS).
20. Anekona Estates Subdivision: The Anekona Estates Subdivision was created on
October 23, 1990 for 36 lots. The subdivision presently consists of 47 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 are
encumbered as Condominium Property Regimes (CPRS).
3-
21. Adjacent Land Uses: The parcel to the south of the property was reclassified to Rural
and zoned Residential and Agricultural (RA -2a) by the County in 1999. However, the
immediate adjacent parcels to the west and east are 5+ -acre parcels that are within the
State Land Use Agricultural District and are zoned Agricultural (A -5a) by the County.
Those lands are in residential uses and/or vacant lands.
22. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's
Agricultural and Rural Districts and in the County's Agricultural (A -5a) and Residential
and Agricultural (RA -2a) zoned districts. The Kamuela Plantations Subdivision,
consisting of 10 lots, is located immediately to the east of Kanehoa Subdivision; Anekona
Estates Subdivision is located immediately to the west; and the Waimea Landmark
Estates Subdivision, consisting of 26 lots, is located further west along the north side of
Kawaihae Road. 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 `Ouh Mutual Self Help Housing 40 -lot Subdivision,
approved on December 11, 1997 with minimum 10,000 square foot lots, are located
further 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 proposed Hale Wailani Subdivision is also situated further west and adjacent
to the housing projects. It is currently zoned A-1 a and the developer proposes a 49 -lot
subdivision, with lots minimum two acres in size.
23. 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 -5a to RA -2a for three parcels in the Kanehoa
Subdivision. Two of the parcels have secured Final Subdivision Approval. Similar land
use changes were approved for 12 parcels in the Anekona Estates Subdivision. Of those
parcels, 11 parcels have secured Final Subdivision Approval, and one parcel has 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. It is pointed out
that there is a similar request in the Anekona Estates Subdivision for reclassification of
-4-
Tax Map Key 6-2-11:25 (Robert D. Fischler) that is presently pending with the County
Council. In addition, three land use reclassification requests have been submitted for the
following parcels in the Anekona Estates Subdivision: Tax Map Key 6-2-11:3 (Philip R.
& Diane C. Delmer) Tax Map Key 6-2-11:12 (Theodore T. & Susan T. Herhold), and
Tax Map Key 6-2-11:31 (Paula K. Kosters). (See Exhibit B - Tax Key Maps)
24. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The
property and surrounding area are "Unclassified" on the State Department of
Agriculture's ALISH Map.
25. 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.
26. 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.
27. Flood Insurance Rate Map (FIRM): The property is located within Zone X, area
determined to be outside the 500 -year flood plain.
28. Flora/Fauna Resources: According to the applicant's environmental report, 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, prickly poppy, and yellow guava. No native fauna was observed on the site.
Common animal species in the area include field mice and mongoose. There is no known
or recorded rare or endangered animal or plant life in the area.
29. Archaeological Resources: According to the applicant's environmental report, the
property was previously graded and used for cattle grazing. 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.
-5-
30. 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.
31. Public Access: According to Planning Department's records, there is no record of a
designated public access to the shoreline or mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
32. Roadway: The primary access from Kawaihae Road into this portion of Kanehoa
Subdivision is `Ouli Street. Sixteen (16) parcels in this section of Kanehoa Subdivision
have access to Kawaihae Road via `Ouli Street and 12 parcels have access via Kanehoa
Street. `Ouli Street is a private road that has a right-of-way width of 50 feet with a
20 -foot wide agricultural standard asphalt pavement with grass/gravel shoulders. Direct
access to the property is from `Ouli Street.
33. Water System: According to the Department of Water Supply, the property has two
service laterals for 5/8 -inch meters.
34. Wastewater System: There is no municipal sewer system in the area. The applicant
would be required to dispose wastewater into a septic tank system meeting the approval
of the State Department of Health.
35. Utilities: Underground electrical, telephone and cable services are available to the
property.
36. Police/Fire Services: The nearest Police and Fire facilities are located in Waimea,
approximately 7 miles east of the property. Waimea is also the primary employment and
commercial center for this portion of South Kohala.
37, Recreational Facilities: The Waimea Park and Anuenue Playground are located
approximately 6 miles east of the property. Spencer Beach Park is located approximately
7 miles to the west.
AGENCIES' COMMENTS
38. Department of Public Works (December 3, 2002 Memo):
"We have reviewed the subject application and our comments are as follows:
I . 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."
39. Department of Environmental Management (November 13, 2002 Memo):
"We have reviewed the subject application and have no comments to offer."
40. Department of Water Supply (November 13, 2002 Memo):
"We have reviewed the subject application for the proposed State land use boundary
amendment and change of zone and have the following comments.
"Inasmuch as the subject parcel has two I -inch service laterals, both of which have 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."
41. Police Department (November 18, 2002 Memo):
"Staff has reviewed the above -referenced proposal and found that there are no concerns
regarding the proposed use of this property from agricultural to rural.
42. Department of Land and Natural Resources -Land Division (December 5, 2002
Letter):
"Thank you for the opportunity to review and comment on the subject matter.
"We have no comments." (from Division of State Parks, Commission on Water
Resource Management, and Hawaii District Land Office)
Engineering Branch (November 6, 2002 Memo):
"We confirm that the project site located in Zone X (Not shaded). This is an area outside
the 500 -year flood plain.
"Also, please revise page 10 Item L. Reference to Federal Emergency Management
Agency instead of the U.S. Army Corps of Engineers."
43. Department of Land and Natural Resources -Historic Preservation Division
(December 31, 2002 Letter):
"We believe there are no historic properties present: intensive cultivation has altered the
land, previous grubbing/grading has altered the land.
-7-
"Thus, we believe that `no historic properties will be affected' by this undertaking.
44. Department of Transportation (December 2, 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 subdivisions are permitted in this area, their cumulative effects may require
roadways and intersections improvements to mitigate adverse impacts.
`We appreciate the opportunity to provide comments."
45. Land Use Commission (November 20, 2002 Letter):
"We have reviewed the subject applications as transmitted by your memorandum dated
October 31, 2002, to reclassify and rezone the subject area for the subdivision of two
residential -agricultural lots in Kanehoa, Ouli, South Kohala, Hawaii.
"Based upon review of the subject applications, we have the following comments:
1. The subject area appears to be the State Land Use Agricultural District as
described in the subject applications.
2. We understand that there have been other parcels in the Kanehoa and adjacent
Anekona subdivisions in the Ouli area that have been reclassified and subdivided
for similar reasons. In light of this settlement trend, we defer to the County of
Hawaii Planning Commission and the Planning Department to ensure the
development of low density rural settlements to the maintain the rural character of
this area in South Kohala.
"Thank you for the opportunity to provide comment on the subject applications."
46. Mauna Kea Soil & Water Conservation District (November 27, 2002 Letter):
"This parcel is not in the path of any mapped flood channels. The Waikoloa stream is
south of this parcel and does not pose an immediate threat to this parcel if it is kep(sic)
clear of obstructions. Care should be exercised to protect the site from flooding and
localized runoff that could be generated during land clearing activities. Erosion and
sediment control measures should be reviewed and watershed values should be evaluated
before large-scale land clearing activities are undertaken."
47. Fire Department: (See Exhibit C - November 12, 2002 Memo)
Im
APPLICANT'S RESPONSE TO AGENCIES COMMENTS
48. December 6, 2002 and December 18, 2002 Letters: (See Exhibit D)
AGENCIES/ORGANIZATIONS - NO RESPONSE
49. Real Property Tax Office, Department of Health, Department of Agriculture, and
South Kohala Traffic & Safety Committee
PUBLIC COMMENTS
50. The Planning Department has not received any written comments or objections from the
general public or adjacent landowners on the subject applications.
-9-
MOOERS ENTERPRISES, LLC
P.O. Box 1 101
KAMUELA, HAWAII 96744
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO RURAL
CHANGE OF ZONE:
AGRICULTURAL 5 -ACRE TO
RESIDENTIAL -AGRICULTURAL 2 -ACRE
Tax Map Key: (3) 6-2-09:09
Ouli, South Kohala, Hawaii
Applicant: Erwin L. Baldwin Living Trust
Submitted by:
Mooers Enterprises, LLC
October 23, 2002
EXHIBIT
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@ATTGLOBALNET
October 28, 2002
Mr. Christopher Yuen
Director, Planning Department
County of Hawaii
101 Pauahi Street
Hilo, Hawaii 96720
MOOERS ENTERPRISES, LLC
P.O. BOX 1 10 1
KAMUELA, HAWAII 96743
?g Pfd 3 33
(v ;NV CT
Re: RECLASSIFICATION FROM AGRICULTURAL TO RURAL
CHANGE OF ZONE REQUEST FROM
AGRICULTURAL 5 -ACRES, PREVIOUSLY UNPLANNED
TO RESIDENTIAL -AGRICULTURAL 2 -ACRES
PETITIONER: ERWIN L. BALDWIN LIVING TRUST
TAX MAP KEY (3) 6-2-09:09
Dear Mr. Yuen:
I submitted the applications identified above on October 23, 2002. The owner of the property is
Erwin L. Baldwin Living Trust. The applications were signed by Erwin L. Baldwin, Trustee. Mr.
Baldwin's wife, June P. Baldwin is a co -trustee. Your staff has requested authorization from Mrs.
Baldwin to process these applications.
By her signature below, Mrs. Baldwin is authorizing me to file the State Land Use Boundary
Amendment and the Change of Zone requests identified above, on behalf of the Erwin L. Baldwin
Living Trust.
If you or your stats require additional information or have any questions, please contact me
directly.
Smc rely,
Grego . Mooer/�
President
GRM7y
Gc • _
Read and Approved: June P. Baldwin Co -trustee, Erwin L. Baldwin Living Trust
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@A7TGLOBAL. NET
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: Erwin L. Baldwin
PETITIONER'S SIGNATURE: DATE: 9/12/02
ADDRESS: P.O. Box 368, Kamuela, Hawaii 96743
PETITIONER'S INTEREST IF NOT OWNER:
TELEPHONE: (Bus.)
(Res.) 885-2778
(Fax)
LANDOWNER(S): Erwin L. Baldwin Living Trust, Erwin L. Baldwin Trustee
LANDOWNER SIGNATURE S): L ATE: 9/12/02
(May be by letter)
ADDRESS: P.O. Box 368
Kamuela Hawaii 96743
TAX MAP KEY: (3) b -z-":
STREET ADDRESS OF PROPERTY: 62-2190 Ouli Street, Kamuela, Hawaii 96743
ZONING: Agricultural 5 -acres (A -5a) SIZE OF PROPERTY: 6.104 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
AGENT: Gregory R. Mooers
ADDRESS: MooersEntei�]IJSQE ILL,
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 885-6839
(Res.) 885-7126
(Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Mooers Enterprises, LLC COPIES: Erwin Baldwin
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII •) n , I `3 c;, 1 3'f
PLANNING DEPARTMENT
(Type or legibly print the requested informatlop) , „
,cUT
APPLICANT: Erwin L. Baldwin
APPLICANT'S SIGNATURE: /o.��-�a- DATE: 9/12/02
ADDRESS:
Kamuela Hawaii 96743
LIST APPLICANT'S INTEREST IF NOT OWNER: Trustee
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.)
(Res.) 885-2778
LANDOWNER(S): Erwin L. Baldwin Living Trust, Erwin Baldwin Trustee
(Fax)
LANDOWNER SIGNATURE(S): J — = DATE: 9/12/02
(May be by letter)
LANDOWNER(S) ADDRESS: P.O. Box 368, amuela, Hawaii 96743 _
REQUEST: Agricultural 5 -acre (A -5a) TO Residential -Agricultural 2 -acres (RA -2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 6-2-09:09 _.
STREET ADDRESS OF PROPERTY: 62-2190 Ouli Street, Kamuela, Hawaii 96743
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:
AGENT: Gregory R. Mooers
ADDRES
Kamuela. Hawaii 96743
TELEPHONE: (Bus.) 885-6839
(Res.) 885-7126
6.104 acres
(Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Mooers Enterprises, LLC COPIES: Erwin Baldwin
(See Instructions on Reverse Side)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF 'LONE
I. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 6.104
b. Into what lot sizes? 2+ acres
C. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? immediate
d. Do you intend to build houses on the newly created lots? Yes
If yes, please answer the following questions:
On how many of those lots? Both
At what approximate price range? House
Lot _
Total $250,000
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. enclosed
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
C , Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
P. D. 2 5/84
f, If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
The proposed action will create one additional residential -agricultural lot in this highly desirable area of
South Kohala.
4. Are there any buildings on the subject area? Yes
If so, what kind?
There is presently one single-family dwelling on the site owned by the applicant.
What do you intend to do with those buildings if your request is
approved?
It will remain as the residence of the applicant.
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot -size for that commodity?
C. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
e. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
a. Schools
b. Roads
c. Sewer
d. Drainage
3-
Yes No
X
M
Yes
e. Police Protection
f, Fire Protection
g Recreational Facilities
h. Public Utilities
1 Other
IM
X
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
L/Signature:
Address: P.O. Box 368, Kamuela, Hawaii 96743
Telephone: 885-2778 _
Date: 9/12/02 _
4-
TABLE OF CONTENTS
Page
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS i
I. GENERAL INFORMATION 2
IL SUBJECT REQUEST/PROPOSED DEVELOPMENT 2
III. CONFORMANCE WITH STATE AND COUNTY PLANS
A. State Land Use Laws ........................................................ 3
B. Applicable Goals/Policies and Objectives of the General Plan........ 5
C. General Plan Designation................................................... 7
D. County Zoning Code ......................................................... 8
E. Special Management Area ................................................... 8
F. Chapter 205A: Coastal Zone Management Act ........................... 8
G. Mountain Access.............................................................. 8
IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting ........................ 9
Historic Resources................................................................ 10
Cultural Resources................................................................. 10
Natural Resources (Flora -Fauna) ............................................... I 1
Social -Economic Characteristics................................................ 11
SurroundingLands.................................................................. 12
i
V. PUBLIC FACILITIES AND UTILITIES
A.
Location........................................................................
12
B.
Water Service................................................................
12
C.
Utilities.......................................................................
12
D.
Wastewater Disposal.........................................................
12
E.
Police Services.................................................................
12
F.
Fire Services.....................................................................
12
G.
Public Recreation...............................................................
13
H.
Schools...........................................................................
13
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity: ............................. 13
B. Mitigative measures proposed to avoid, minimize, rectify or reduce
impact: ...................................................... .................... 13
C. Alternatives to the proposed development :.................................. 13
D. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented ............................. 14
VII. PROPOSED FINDINGS 14
VIII. EXHIBITS
A. Location/Vicinity Maps
B. Change of Zone Exhibit
C. Site Photographs
ii
BACKGROUND
AND
COUNTY ENVIRONMENTAL REPORT
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO RURAL
CHANGE OF ZONE:
AGRICULTURAL 5 -ACRE TO
RESIDENTIAL -AGRICULTURAL 2 -ACRE
Tax Map Key: (3) 6-2-09:09
Ouli, South Kohala, Hawaii
Applicant: Erwin L. Baldwin Living Trust
The applicant, Erwin L. Baldwin Living Trust, is seeking a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5 -acre
(A -5a) to Residential - Agricultural 2 -acres (RA -2a) for a 6.104 acre parcel located on the
north side of Ouli Street at Ouli, South Kohala, Hawaii, Tax Map Key (3) 6-2-09:09.
These requests are made to allow the subsequent subdivision of the property into 2
residential -agricultural lots with related improvements consistent with the new zoning
designation.
I. GENERAL INFORMATION:
Erwin L. Baldwin Living Trust is the fee owner of the subject property. The subject
property is Lot 9 of the Kanehoa Subdivision.
II. SUBJECT REQUEST/PROPOSED DEVELOPMENT:
A. The applicant is proposing to redistrict a 6.104 acre parcel from the agricultural
district to the rural district and change the zone from Agricultural 5 -acre (A -5a) to
Residential -Agricultural 2 -acres (RA -2a) to allow the subdivision of the property into
2 residential -agricultural lots in conformance with the new zoning designation.
B. The site presently has a single-family dwelling with the balance of the site vacant and
unused. This site has been used periodically to pasture livestock. The property has
previously been graded to facilitate its use for pasturing animals and for the
residential uses. Please see the site photographs in the exhibits.
C. The 6.104 acre lot is a roughly rectangular shaped lot located between Kawaihae
Road on the north and Ouli Street on the south. The street address for the site is 62-
2190 Ouli Street. Please see the location map and rezoning exhibit in the exhibits.
D. Access to the proposed subdivision will be from Ouli Street via Kawaihae Road. Ouli
Street has a 50' right-of-way with 16' of asphalt paving and grass swales,
E. There will be no interior roadways as both lots will have direct access off of Ouli
Street.
F. Underground utilities will be provided to each of the proposed 2 lots from the
Kanehoa Subdivision's existing infrastructure that presently serves the single-family
dwelling on the site.
G. Construction on the newly created lot will begin immediately after all governmental
approvals are secured.
H. There will be restrictive covenants developed for the subdivision that will prohibit
ohana dwellings to preserve the residential -agricultural ambience of the area.
2
III. CONFORMANCE WITH STATE AND COUNTY PLANS:
A. State Land Use Designation:
The State Land Use District Classification of the subject parcel is Agricultural.
One component of this request is to re -district the Agricultural property to the
Rural District. It should be noted that since 1985, pursuant to State law, the
Counties are allowed to process amendments to the district classification if the
land area is less than 15 acres. In this case the subject parcel consists of 6.104
acres.
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be
included in this district if their inclusion will alter the general
characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not
less than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in areas where "city -like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses.
The proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use
Commission Rules that determines the Permissible uses within the Rural district.
This states: "(a) Permissible uses within the rural district shall include the
following activities: (1)All uses permitted under section 15-15-25 relating to
agricultural uses and those uses that are compatible within the agricultural district;
(2) Low-density residential uses with a minimum lot size of one-half acre. The
commission for good cause may allow one lot of less than one-half acre, but not
less than 18,500 square feet, or an equivalent residential derisity, 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 suhchapter 12. This exception shall apply to lots of record existing
prior to January 1, 1977, and of not more than two acres. There shall be no more
than one single-family dwelling per one-half acre, except as may be provided for
in this section." The proposed boundary amendment is for a similar agricultural
land uses and uses that are compatible to the Agricultural designation. The
proposed reclassification is also compatible with the statutory definition of Low-
density residential lots of more than one dwelling house. The applicant has and
would like to construct Single Family Dwellings. However, Chapter 205, Hawaii
Revised Statutes, does not authorize residential dwellings as a permissible use in
the Agricultural District unless the dwelling is related to an agricultural activity or
is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as
"a single family dwelling located on and used in conjunction with a farm,
including clusters of single-family farm dwellings permitted within agricultural
parks developed by the State, or where agricultural activity provides income to the
family occupying the dwelling." Thus, the requested boundary amendment would
be in the direction of fulfilling the permissible uses of the rural designation.
The reclassification action would also conform to the following goals, objectives
and/or policies articulated in the Hawaii State Plan relating to Socio -cultural
advancement - Housing objectives and policies:
(a) Planning for the State's socio -cultural advancement with regard to
housing shall be directed towards achievement of the following
objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and
desires of families and individuals.
(2) The orderly development of residential areas sensitive to
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate -income and gap -group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
B. Applicable Goals/Policies and Objectives of the General Plan:
A. ECONOMIC
GOALS
• Provide residents with opportunities to improve their quality of life.
• Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its economic
system.
• The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with the
County's natural and social environment.
M. LAND USE
Through the careful analysis and examination of past and present situations, the
following goals, policies, and standards are set forth to physically plan the lands in
the County in the best interest of the island's residents.
GOALS
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
POLICIES
• Zone urban- and rural- types of uses in areas with ease of access to community
5
services and employment centers and with adequate public utilities and
facilities.
• Promote and encourage the rehabilitation and use of urban and rural areas
which are serviced by basic community facilities and utilities.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
• The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
STANDARDS
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access, and
public need.
H. HOUSING
GOALS
• 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
G
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 cornerstone of the County's housing programs and activities shall
continue to be the encouragement and expansion of appropriate home
ownership opportunities for our residents.
POLICIES
• The County shall encourage a volume of construction and
rehabilitation of housing sufficient to meet growth needs and correct
existing deficiencies.
• 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.
C. General Plan Designation:
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of
action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non -urban
form for areas within the County. The proposed Rural boundary request also
conforms to the LUPAG Map which designates the area for Extensive
Agriculture. 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.
7
D. County Zoning Code:
The original zoning for this parcels was Unplanned, but upon the approval of the
new zoning code on December 7, 1996, all Unplanned zone property was re-
designated as Agricultural 5 -acre (A -5a). One component of this request is to
change the zone of the property to Residential -Agricultural 2 -acres (RA -2a)
F. Special Management Area:
The subject property is not located within the County's Special Management Area
(SMA), and as such does not require a SMA permit.
G. Chapter 205A: Coastal Zone Management Act:
The subject property is located approximately seven miles from the shoreline
surrounded by a regional roadway system and rural -residential subdivisions and
vacant land. The proposed use of the subject property will not negatively impact
recreational resources, visual resources to or from the shoreline, including access to
and along the shoreline or coastal ecosystems. Therefore no scenic or open space
resources to the shoreline coastal view plane or coastal ecosystem will be negatively
impacted by the proposed action.
H. Mountain Access:
The subject property is surrounded by the regional roadway system vacant lands and
rural -residential subdivisions. The property is not used for access to the mountains
or any mountain feature, therefore no public access to these areas will be impacted
by the proposed action.
IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL
SETTING:
Physical Ch aracteristics/Environmental Setting:
A. The 6.104 acre lot is a roughly rectangular shaped lot located between Kawaihae
Road on the north and Ouli Street on the south. The street address for the site is 62-
2190 Ouli Street. Please see the location map and rezoning exhibit in the exhibits.
B. The property's Ouli Street frontage is approximately 300 feet and the property
extends north to Kawaihae Road approximately 885 feet.
D. Annual rainfall for the area is between 20 to 35 inches according to An Inventory of
Basic Water Resources Data: Island of Hawaii, published by the Department of Land
and Natural Resources.
E. The site is slopes from its southern boundary down to the northern boundary at a
grade between 6 and 15%.
F. The site presently has a single-family dwelling with the balance of the site vacant.
The site has been previously used periodically for pasturing animals. Please see the
site photographs in the exhibits.
G. The U. S. Geological Survey has categorized the island into nine zones of
comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9,
the lowest severity of hazard. The U. S. Geological Survey designates the subject
property as Lava Hazard Zone 8; Only a few percent of this area has been covered by
lava in the past 10,000 years.
H. The site is located approximately seven mile from the ocean at Spencer Park.
I. The State Department of Agriculture's Agricultural Lands of Importance to the State
of Hawaii (ALISH) has no classification for this property.
J. The United States Department of Agriculture Soil Survey identifies the soil type to be
of the Pun Pa Soil series. The Pun Pa series consists of well -drained stony very fine
loams that formed in volcanic ash. The soils are gently sloping and most areas are
extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500
feet and receive between 20 to 35 inches of rainfall annually. Their mean soil
temperature is between 69 degrees and 71 degrees. The natural vegetation consists of
bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and
Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu
Pa soils are used for pasture. Pun Pa extremely stony very fine sandy loam, 6 t0 20 %
slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea,
and the Kohala Mountains. In a representative profile the surface layer is very dark
brown extremely stony very fine sandy loam about 6 inches thick. The next layer is
dark brown and dark yellowish brown very stony very fine sandy loam about 34
inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to
slightly acid in the surface layer and neutral in the substratum. In places the surface
layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is
moderate. Roots penetrate to the fragmental Aa lava.
K. The Land Study Bureau's overall master productivity rating system classifies the soil
as Class "E" or Very Poor for agricultural use.
L. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army
Corps of Engineers, the property is in Zone "X", an area outside the 500 -year flood
plain.
Historic Resources:
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. 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.
Cultural Resources:
No valued cultural, historical or natural resources exist on the subject property and no
gathering is taking place. To the extent to which traditional and customary native
Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian
rights, therefore no action is necessary to protect those rights.
10
Natural Resources (Flora -Fauna):
The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly
poppy and yellow guava. As previously mentioned, the site has been grubbed and
formerly used for pasturing animals. 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.
Social -Economic Characteristics:
Social settlement pattern for the area: Waimea, along with the rest of South Kohala, has
undergone significant change over the past two decades as resort development along the
South Kohala coastline has grown and the base facilities for astronomy research have
been developed in town. This area has been a ranching community for many years, the
home of Parker Ranch and many smaller cattle operations. Farmers have settled in the
area to grow truck crops for the Big Island and the rest of the state. There are retirees
from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns
of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the
South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii
Preparatory Academy has attracted many families with their national reputation as a high-
quality college preparatory school.
Economic resources of the area: This ranching community is the home of numerous
ranching and farming activities. Many residents are actively engaged in commercial
agricultural activities. More recently residents have found employment at the resorts on
the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened
and this has provided a number of employment opportunities in the health care and
related fields. Hawaii Preparatory Academy and Parker School are valued resources for
the area. Waimea is also the host town for the headquarters of the Keck and CFH
telescopes atop Mauna Kea.
Land Values: According to knowledgeable Realtors in this area, similar agricultural 2 -
acre lots in this immediate area sell for $150,000 to $175,000.
11
Surrounding Lands:
Land Use/Zoning:
Of the adjacent parcels, some are in the State Rural District and zoned RA -2a by the
County. There are eleven other properties similarly zoned in the Kanehoa and Anekona
Subdivisions. The remaining 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 -5a, is immediately east of the Kanehoa subdivision and Anekona
subdivision, A -5a, is immediately west. The Ouli subdivision, A-] a, located further to
the west of the site is undeveloped at this time.
There is a small State classified urban area located below the site that hosts an affordable
housing project, Ouli Ekahi.
The uses of the property in the immediate area are rural/residential in character with
minimal agricultural activities.
V. PUBLIC FACILITIES AND UTILITIES
A. The property is located on Ouli Street a private 50' wide right-of-way with 16' of
asphalt paving and grass swales.
B. The site is serviced by Department of Water Supply water and presently has two
meters. Please see the site plan for the location of these two meters.
C. Electrical, telephone and cable service are provided to the project site via the
underground utility service of the Kanehoa subdivision.
D. This area is not serviced by a municipal sewer system. All lots in this area dispose of
wastewater through individual wastewater treatment systems. The applicant
proposes that any structures built on the subject parcel would use an individual
wastewater treatment system meeting with the standards and requirements of the State
Department of Health.
E. The nearest police station is located seven miles east of the site in Waimea.
F. The nearest fire station is located seven miles east of the site in Waimea.
12
G. 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.
H. Public schools (six miles east) and private schools (4 miles east) provide educational
services to the area.
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance and
enhancement of long term productivity: In terms of the relationship between short-
term use of man's environment and the maintenance and enhancement of long-term
productivity, no short-term exploitation of resources that would entail negative long-
term consequences has been identified for the proposed action.
B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All
construction on the site will comply with all governmental regulatory controls to
mitigate noise and dust during the construction period. All structures and
infrastructure improvements constructed will comply with all federal, state and county
requirements. All important cultural, historical and natural resources will be treated
in accordance with agency requirements.
C. Alternatives to the proposed development. One alternative to the proposed action
would be to leave the parcel with the one single-family dwelling and leave the balance
of the property vacant and undeveloped. This would not allow the development of an
additional lot for residential -agricultural purposes in this desirable area of South
Kohala. It would also not increase the real property tax base as the proposed action
would.
13
D. Irreversible and irretrievable commitments of natural resources that would be
involved ifproposed action is implemented: The construction of one additional rural
residential unit would involve the irreversible and irretrievable commitment of
negligible quantities of natural resources. The conditions applied to this request
would help insure the protection of the natural and cultural resources on the property.
There are presently no such conditions placed on the property.
VII. PROPOSED FINDINGS:
Given the conformance with all established State and County goals, policies and
plans; the physical characteristics of the site and surrounding area; the present
zoning and uses of the surrounding area; the minimal impact on public facilities and
services; the minimal impact on the environment; the applicant requests a favorable
consideration of these boundary amendment and change of zone applications.
14
LIST OF EXHIBITS IN SUPPORT OF
THE BOUNDARY AMENDMENT AND
CHANGE OF ZONE
A. LocationNicinity Maps
B. Change of Zone Exhibit
C. Site Photographs
EXHIBIT "A"
VICINITY MAP
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Harry Kim
Muyor ,'
Darryl J. Oliveira
Fir, Chief
Desmond K. Wery
Deputy Fire Chief
County of'abia� t
2 Pit 12 50
r
FIRE DEPARTMENT FL(�
25 Aupuni Street • Suite 103 • Hilo, Hawa\ i 967ur\J'. d .
(808) 961-8297 . Fax (808) 961-8296
November 12, 2002 '
TO a CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-011)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION (ERZ 02-021)
REQUEST: AGRICULTURAL (A -5a) TO RESIDENTIAL AND AGRICULTURAL (RA -2a)
APPLICANT: ERWIN L. BALDWIN
TAX MAP KEY: 6-2-009:009
Fire apparatus access roads shall be in accordance with UFC Section 10.207
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building hereafter
constructed when any portion of an exterior wall of the first story is located more than 150 feet from
fire department vehicle access as measured by an unobstructed route around the exterior of the
building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved automatic
fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional fire
protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division 3 or Group M Occupancies, the
requirements of this section may be modified, provided, in the opinion of the chief, fire-
fighting or rescue operations would not be impaired.
"More than one fire apparatus road may be required when it is determined by the chief that access
by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or
other factors that could limit access.
= P\I CpL
EXHIBIT �,, �yREDE�
CHRISTOPHER J. YUEN, PLANNING DIRECTOR
Page 2
November 12, 2002
"For high -piled combustible storage, see Section 81.109
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of
the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance
of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction
does not impair access by fire apparatus and approved signs are installed and maintained
indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may be
increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide
fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather
driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by
the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code and
using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved
bythechief." (15%)
"(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in
any manner, including parking of vehicles. Minimum required widths and clearances established
under this section shall be maintained at all times.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301:
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all premises upon which buildings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There shall be
provided, when required by the chief, on-site fire hydrants and mains capable of supplying the
required fire flow.
CHRISTOPHER J. YUEN, PLANNING DIRECTOR
Page 3
November 12, 2002
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed
systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of delivering the
required fire flow shall be protected as set forth by the respective county water requirements. All
hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements
of Section 10.207."
AR L QCIVEIRA
ire Chief
RK:Ik
MOOERS ENTERPRISES, LLC
P.O. Box 1 101
KAMUELA, HAWAII 96743
December 6, 2002 C '�
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: State Land Use Boundary Amendment Application (SLIT 02-011)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-021)
Request: Agricultural (A -5a) to Residential -Agricultural (RA -2a)
Applicant: Erwin L. Baldwin
Tax Map Key: 6-2-009:009
Dear Mr. Yuen:
We have received comments from the Department of Water Supply on the applications identified
above.
We agree that water is presently available to each proposed lot and note that the meters are
located so that each meter fronts on the lot to be served by that meter in compliance with Chapter
23, Subdivision Code.
If you have any questions, or if additional information is required, please contact me at 885-6839.
"Thank you for your prompt attention to these applications.
;S2ncely,
Grego Mooers
President
GRM/jy
copy: Department of Water Supply
EXHIBIT
PHONE: (808) 885-6839
FAx: (808) 885-1574
EMAIL: GMOOERS@ATTGLOBAL. NET
9 `'9 12 5G
December 6, 2002
0
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
MOOERS ENTERPRISES, LLC
P.O. BOX 1 1 Oi
KAMUFLA, HAWAII 9674:
Re: State Land Use Boundary Amendment Application (SLU 02-011)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-021)
Request: Agricultural (A -5a) to Residential -Agricultural (RA -2a)
Applicant: Erwin L. Baldwin
Tax Map Key: 6-2-009:009
Dear Mr. Yuen:
Your staff has faxed me copies of agency comments on the applications identified above and
asked that I respond. Please find our responses below.
Fire Department:
The applicant will comply with all provisions of the Fire Code.
Land Use Commission:
We agree the Hawaii County Planning Department and Planning Commission will ensure the
proposed project will retain the rural character of this area in South Kohala.
If you have any questions, or if additional information is required, please contact me at 885-6839.
'thank you for your prompt attention to these applications.
Sincerely,
Mooers Grego
President
GRM/jy
copy: Land Use Commission
Fire Department
PHONE: (BOB) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERSPATTGLOBAL.NE'r
MOOERS ENTERPRISES, LLC
P.O. BOX 1 1 O 1
KAMUELA, HAWAII 96743
L
December 18, 2002
M
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: State Land Use Boundary Amendment Application (SLU 02-011)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-021)
Request: Agricultural (A -5a) to Residential -Agricultural (RA -2a)
Applicant: Erwin L. Baldwin
Tax Map Key: 6-2-009:009
Dear Mr. Yuen:
Your staff has faxed me comments from two agencies regarding the applications identified above and asked
that I respond.
Department of Public Works:
The applicant will comply with all regulations related to drainage, earthwork and erosion and sedimentation
control.
Department of Transportation:
The intersection of Ouli Street at Kawaihae Road provides access to sixteen lots, nearly all have either been
the subject of CPR's or ohana dwellings. The proposed action will not increase the density beyond the
existing situation which utilizes CPR's and ohana dwellings. The purpose of these applications is to
convert these existing land uses into subdivided lots.
If you have any questions, or if additional information is required, please contact me at 885-6839. Thank
you for your prompt attention to these applications.
Sin rely, QQ
Gregory R. Mooers
President
GRM/jy
copy: Department of Transportation
Department of Public Works
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@ATrGLOBAL. NET