HomeMy WebLinkAboutCOM 0169.000 2002-2004 ~~V Of H,~
Harry Kim Dixie Kaetsu
Mn or Manoging Direevir
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?'toter Hencricks
y~+~ pi'Mi+~~ Deputy Mannging Direcmr
County of Hawaii -
25 Aupuni Sheet, Room 215 Hilo, Hawaii 96720-4252 (808) 961-821 I Fax (808) 961-6953
KONA 75-5706 Kuakini highway, Suite 103 • Kailua-Kona, Hawau 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-Sa) to Multiple-Family Residential (RM-2.5)
Applicant: Pua`a Development, LLC
'Cax Map Key: 7-5-10:6
State Land Use Boundary Amendment Application (SLU 02-O1
Request: Agricultural to Rural
Change of Zone Application (REZ 02-021)
Request: Agricultural (A-Sa) to Residential and Agricultural (RA-2a)
Applicant: Erwin L. Baldwin
"fax 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-Sa) to Residential and Agricultural (RA-2a)
Applicants: Philip R. and Diane C. Delmer
Tax Map Key: 6-2-11:3
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MAR 1,Q,1003
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 Applicatiar (REZ 02-028)
Request: Agricultural (A-Sa) w Residential and Agricultural (RA-2a)
Applicant: Paula K. Kosters
T'ax 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.
Si cerely,
6~
Harry Kim
Mayor
1020703may
Enclosures
cc: Planning Department
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Harry Kim '
Mayor •
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County of Hawaii
PLANNING COMMISSION
1DI Pauahi StreeC, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax (808)96]-8742
Honorable James Y. ,4rakaki, 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 (SLU 02-013)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-026)
Request: Agricultural (A-Sa) to Residential and Agricultural (RA-2a}
Applicants: Philip R. and Diane C. Delmer
Tax Map Key: 6-2-1 l 3
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-Sa) to Residential and Agricultural (RA-2a) for approximately 5.1233 acres
of land. The property is located in Anekona Estates Subdivision, at the northeast corner of
Anekona Street-Kanehoa Street intersection, and bordering Kawaihae Road, `Ouli, South
Kohala, Hawai `i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
State Land Use Boundary Amendment
The applicants are requesting a State Land Use District Boundary Amendment
from an Agricultural to a Rural district for approximately 5.1233 acres of land in order to
subdivide the property into two lots, 2.5616 acres and 2.5617 acres in size. There is also
a request for a Change of Zone from an Agricultural (A-Sa) to a Residential and
Agricultural (RA-2a) zoned district that is concurrently being processed for the property.
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, Chapter 28 of
the Hawaii County Code, Rule 13 of the Planning Commission Rules of Practice and
Procedures, the County General Plan and the Hawaii State Plan. According to the
Hawaii Land Use Commission Rules, the following three standards shall apply when
determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures, streets,
and urban level of services are absent, and where small farms are intermixed with
the low-density residential lots; and
(3) It may also include parcels of land which are surrounded by, or contiguous to this
district, and are not suited to low-density residential uses for small farm or
agricultural uses.
The property was created on October 23, 1990, as one of the original 36 lots of the
Anekona Estates Subdivision. The subdivision presently consists of 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). The property was previously
utilized for cattle grazing and is currently not used for any agricultural activities. Lands
to the southeast and further south of the properly aze parcels that have been recently
reclassified to Rural and zoned Residential and Agricultural (RA-2a) by the County.
However, the immediate adjacent pazcels to the west and east are 5+-acre parcels that aze
within the State Land Use Agricultural District and are zoned Agricultural (A-5a) by the
County. Surrounding lands are located within the State's Agricultural and Rural Districts
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
and in the County's Agricultural (A-Sa) and Residential and Agricultural (RA-2a) zoned
districts. The Kanehoa Subdivision is located immediately to the east of Anekona Estates
Subdivision; the Kamuela Plantations Subdivision, consisting of 10 lots, is located further
to the east; and the Waimea Landmark Estates Subdivision, consisting of 26 lots, is
located to the north across the 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 `Ouli Mutual Self Help Housing 40-lot Subdivision, approved on December 11,
1997 with minimum 10,000 square foot lots, are located to the west of (makai) Anekona
Estates Subdivision. Those two affordable housing project areas were redesignated to
State Land Use Urban District in January 1994. The proposed Hale Wailani Subdivision
is also situated west of Anekona Estates Subdivision 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.
From 1998 to present, the County Council approved similar requests for a State
Land Use Boundary Amendment from an Agricultural to Rural District and a Change of
Zone from A-Sato RA-2a for 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. Similar land use changes were approved for 3
parcels in the Kanehoa Subdivision. Two of the parcels have secured Final Subdivision
Approval In October 1996, the County Council also approved the reclassification oftwo
5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural
District. 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 to reclassify Tax
Map Key 6-2-1 l :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: 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 Anekona Estates Subdivision; and Tax Map
Key 6-2-9:9 (Erwin L. Baldwin) in the Kanehoa Subdivision.
Section 15-I 5-27 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 46-4(c), HRS. The commission for good cause
may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an
equivalent residential density, provided all other lots in the subdivision have the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
minimum lot size ofone-half acre. A petition for variance may be processed under the
special permit procedure pursuant to subchapter 12. This exception shall apply to lots of
record existing prior to January 1, 1977, and of not more than two acres. There shall be
no more than one single-family dwelling per one-half acre, except as may be provided for
in this section."
The proposed boundary amendment is for similar residential-agricultural uses that
are compatible to the Rural designation. The applicants have stated that the 5.1233 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 1_and Use and Agriculture
goals, policies and standards are set forth to physically plan the lands in the County in the
best interest of the island's residents. These state the following:
LAND l JSE and A ,RI LT E
• 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 5
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed Rural boundary amendment request would also complement the following
goals, policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
HO_ U~II`1~
• 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 6
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
SINGLE-FAMILY RESIDENTIAL
• To maximize choices ofsingle-family residential lots and/or housing for residents
of the Gounty.
• 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 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 approved land use
reclassifications in the Anekona Estates and Kanehoa Subdivisions to State Land Use
Rural district and Residential-Agricultural zoning. This boundary request would allow a
rural development for Residential-Agricultural uses. Based on the above findings,
including the General Plan's goals and policies, the granting of the Rural boundary
amendment would complement and implement the General Plan.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
All utilities and services are available to the property which are essential to
accommodate rural development. The Anekona Street and Ka~rehoa Street provide
accesses from Kawaihae Road into Anekona Estates Subdivision and the makai portion of
the Kanehoa Subdivision. Kanehoa Street is a connector road that leads into Anekona
Estates Subdivision and runs parallel to Kawaihae Road. Anekona Street and Kanehoa
Street have rights-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
Kanehoa 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 applicants 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
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
X, areas determined to be outside of the 500-year flood plain. The topography of the
property is relatively level but slopes a little higher towards Kanehoa Street.
While the property is within the State Land Use Agricultural and County's
Agricultural - Sa zoned districts, it is not currently being used for active agricultural
purposes. The property was previously utilized for cattle grazing. 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
cultural or historical resources in the area. Furthermore, a Rural classification would
complement the existing and future residential-agricultural 1<1nd 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 six 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:
(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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
• 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 applicants are requesting a Change of Zone from an Agricultural (A-Sa) to
Residential and Agricultural-2 acres (RA-2a) zoned district for approximately 5.1233
acres of land in order to subdivide the property into two lots, 2.5616 acres and 2.5617
acres in size. There is also a request for a State Land Use District Boundary Amendment
from an Agricultural to a Rural district that is concurrently being processed for the
property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and
Agricultural-2 acres (RA-2a) zoned district will conform to the following goals, policies
and standards of the General Plan Land Use Elements. Land use is one of the principal
focal points of public concern and policy. The Land Use Element provides the primary
basis far 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
Land Use and Agriculture goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. These state the
following:
LAND USE and AGRICULTURE
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
• Zoning request shall be reviewed with respect to General Plan designation, district
goals, regional plans, State Land Use District, compatibility with adjacent zone
uses, availability of public services and utilities, access, and public need.
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
The proposed change of zone request would also complement the following goals,
policies and standards of the Housing and Single Family Residential Elements of the
General Plan:
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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page ] 1
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
• Seek sufficient production of new affordable rental and fee-simple housing in the
County in a variety of sizes to satisfactorily accommodate the needs and desires of
families and individuals.
• Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
• The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
• The County shall protect residential property values from depreciating influences.
SINGLE-FAMILY RESIDENTIAL
• To maximize choices ofsingle-family residential lots and/or housing for residents
of the County.
• To ensure compatible uses within and adjacent to single-family residential zoned
areas.
• The County shall incorporate reasonable flexibility in codes and ordinances to
achieve adiversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these azeas 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 12
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The subject area is designated
Extensive Agricultural It should be noted that the County is currently conducting a
comprehensive review update to the General Plan. One of the proposed amendments to
the LUPAG Map is to change the designation for certain aeeas, 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 Anekona Estates, Kanehoa, 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.
The property and sun•ounding 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 Apri16, 1999, all Unplanned
zoned districts were reclassified to Agricultural-5 acre (A-Sa). Therefore, the property is
presently zoned A-Sa.
The property was created on October 23, 1990 as one of the original 36 lots of the
Anekona Estates Subdivision. The subdivision presently consists of 47 parcels.
According to Planning Department's records, Ohana Dwelling Permits were approved for
12 lots within the subdivision. According to Real Properly Tax records, 14 lots are
encumbered as Condominium Property Regimes (CPRs). The property was previously
utilized for cattle grazing and is currently not used for any agricultural activities. Lands
to the south and southeast of the property are pazcels that have been recently reclassified
to Rural and zoned Residential and Agricultural (RA-2a) by the County. 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-Sa) by the County.
Surrounding lands are located within the State's Agricultural and Rural Districts and in
the County's Agricultural (A-Sa) and Residential and Agriculhrral (RA-2a) zoned
districts. The Kanehoa Subdivision is located immediately to the east of Anekona Estates
Subdivision; the Kamuela Plantations Subdivision, consisting of 10 lots, is located further
to the east; and the Waimea Landmark Estates Subdivision, consisting of 26 lots, is
located to the north across the Kawaihae Road. Those subdivisions include mixed
residential uses, vacant lands, and very few residential/agricultural uses.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 73
The `Ou]i Ekahi 33-unit affordable rental housing project, constructed in 1995,
and the `Ouli Mutual Self Help Housing 40-lot Subdivision, approved on December 11,
1997 with minimum 10,000 square foot lots, are located to the west of (makai) Anekona
Estates Subdivision. Those two affordable housing project areas were redesignated to
State Land Use Urban District in January 1994. The proposed Hale Wailani Subdivision
is also situated west of Anekona Estates Subdivision and adjacent to the housing projects.
It is currently zoned A-I a and the developer proposes a 49-lot subdivision, with lots
minimum two acres in size.
From 1998 to present, the County Council approved similar requests for a State
Land Use Boundary Amendment from an Agricultural to Rural District and a Change of
Zone from A-Sato RA-2a for 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. Similar land use changes were approved for 3
parcels in the Kanehoa Subdivision. Two of the parcels have secured Final Subdivision
Approval In October 1996, the County Council also approved the reclassification oftwo
5-acre parcels within the Kamuela Plantations Subdivision to State Land Use Rural
District. 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 to reclassify 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: Tax Map Key 6-2-11:12 (Theodore T. & Susan T. Herhold), and Tax
Map Key 6-2-1 ] :31 (Paula K. Kosters) in the Anekona Estates Subdivision; and Tax Map
Key 6-2-9:9 (Erwin L. Baldwin) 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 applicants' request for a State Land Use
Rural District and for a Residential and Agricultural (RA-2a) zoned district, the
applicants would normally be allowed to apply for an Ohana Dwelling Permit, which
would allow the construction 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 applicants to create a second ]ot, we would be
allowing an additional dwelling to be constructed which would double the existing
density of the area. Although the Planning Director supports this rezoning request to
allow for atwo-lot subdivision with one home on each lot, the potential to allow four (4)
homes may contribute to a cumulative burden on the existing infrastructure (road, water,
etc.) which cannot be supported. Therefore, a condition is included in the change of zone
ordinance to prohibit a second dwelling unit and a Condominium Property Regime on
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 14
each lot. It is pointed out that the applicants have 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 topography of the property is relatively level but
slopes a little higher towards Kanehoa Street. 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.
The Anekona Street and Kanehoa Street provide accesses from Kawaihae Road
into Anekona Estates Subdivision and the makai portion of the Kanehoa Subdivision.
Kanehoa Street is a connector road that leads into Anekona Estates Subdivision and runs
parallel to Kawaihae Road. Anekona Street and Kanehoa Street have rights-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 Kanehoa Street. Similar changes of zone
may occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa
Subdivision which 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
applicants 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 Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately six miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 15
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 fights been practiced in the area. Thus, it
is not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
Based on the above findings, approval of the Change of Zone request from
Agricultural-5 acres (A-Sa) Co Residential and Agricultural-2 acres (RA-2a) zoned district
would result in an appropriate land use pattern that will further benefit the public.
For your favorable consideration, amendments to the State Land Use Boundaries Map, H-14
for the County of Hawaii and Section 25-8-7 (North and South Kohala Districts Zone Map) of
Chapter 25, Zoning Code, of the Hawai `i County Code, are transmitted.
We are enclosing a copy of the staff background for your information.
Sin~ceJrely, /
Fred Galdones, Chairman
Planning Commission
Ldelmer02PC
Enclosures
cc: Mr. Gregory R. Mooers
Philip & Diane Delmer
Department of Public Works
Department of Water Supply
Planning Department -Kona
Department of Land & Natural Resources
Rodney Haraga, Director/DOT-Highways, Honolulu
BDelmer0l agk-U24/03
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT _
PHILIP R. AND DIANE C. DELMER
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-013)
CHANGE OF ZONE APPLICATION (REZ 02-026)
Philip R. and Diane C. Delmer have submitted applications for a State Land Use
Boundary Amendment from Agricultural to Rural and a Change ofI.one by changing the district
classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) for
approximately 5.1233 acres of land. The property is located in Anekona Estates Subdivision, at
the northeast corner of Anekona Street-Kanehoa Street intersection, and bordering Kawaihae
Road, `Ouli, South Kohala, Hawaii, TMK: 6-2-11:3.
GENERAL INFORMATION
1. Land Ownership: Philip R. and Diane C. Delmer are the fee owners of the subject
property.
PROPOSED DEVELOPMENT
2. Request: The applicants are requesting a State Land Use District Boundary Amendment
from an Agricultural to a Rural district and a Change of Zone from an Agricultural
(A-Sa) to a Residential and Agricultural (RA-2a) zoned district for approximately 5.1233
acres of land. The applicants propose to subdivide the property into two lots, 2.5616
acres and 2.5617 acres in size.
3. Supportive Information: The applicants have submitted the following in support of the
request: (See Exhibit A -State Land Use Boundary Amendment and Change of
Zone Applications)
4. Notification to surrounding property owners: The Planning Department files reflect
that the applicants have served two notices, as required, of the applications to the
surrounding property owners.
STATE AND COUNTY PLANS
5. State Land Use District: Agricultural.
6. Hawaii State Plan Consistency: Socio-Cultural Advancement (Housing) objectives
and policies.
~
7. General Plan Consistency: Goals, policies and courses of action of the Land Use,
Agriculture, Residential, and Housing Elements for South Kohala.
8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive
Agricultural, which allows uses for pasturage and range lands. 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 Kamuela Plantations Subdivisions to State Land Use
'Rural district and County Residential-Agricultural zoning.
9. County Zoning: The property and surrounding areas were previously zoned Unplanned
from the date of adoption of the Zoning Code in 1967. The 1nplanned 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-Sa). Therefore, the property is
presently zoned A-Sa.
10. Ohana Dwellings: Ohana dwellings may be applied for with the new proposed State
Land Use Rural District and County Residential and Agricultural (RA-2a) district zoning.
The applicants have stated in their applications, "There will be restrictive covenants
developed for the subdivision that will prohibit ohana dwellings to preserve the
residential-agricultural ambience of the area."
l 1. 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.
12. Special Management Area (SMA): The Special Management Area is a part of the
-2-
Coastal Zone Management Program and regulated by the County. The property is not
situated within the Special Management Area. It is located approximately six miles from
the nearest coastline 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
13. Subject Property: The vacant property is roughly rectangular in shape with a total area
of 5.1233 acres, The topography of the property is relatively level but slopes a little
higher towards Kanehoa Street. The property was previously in cattle grazing but
presently, is not used for any agricultural activities.
14. Anekona Estates Subdivision: The property was created on Oc[ober 23, 1990 as one of
the original 361ots of the Anekona Estates Subdivision. The subdivision presently
consists of 47 parcels. According to Planning Department's records, Ohara 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).
15. Kanehoa Subdivision: The Kanehoa Subdivision was created on Apri129, 1985 for 26
lots. Presently, it consists of 28 lots. According to Planning Department's records,
Ohara Dwelling Pe~Ynits were approved on 16 lots within the subdivision. According to
Real Property Tax records, 14 lots are encumbered as Condominium Property Regimes
(CPRs).
I6. Adjacent Land Uses: Lands to the southeast and further south of the property are
parcels that have been recently reclassified to Rural and zoned Residential and
Agricultural (RA-2a) by the Cotmty. However, the immediate adjacent parcels to the
west and east are 5+-acre parcels that are within the State Land TJse Agricultural District
and are zoned Agricultural (A-Sa) by the County. Those lands aze in residential uses
andlor vacanf lands.
17. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's
Agricultural and Rural Districts and in the County's Agricultural (A-Sa) and Residential
and Agricultural (RA-2a) zoned districts. The Kanehoa Subdivision is located
immediately to the east ofAnekona Estates Subdivision; the Kamuela Plantations
-3-
Subdivision, consisting of 10 lots, is located further to the east; and the Waimea
Landmark Estates Subdivision, consisting of 26 lots, is located to the north across the
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 to
the west of (makai) Anekona Estates Subdivision. Those two affordable housing project
areas were redesignated to State Land Use Urban District in ,lanuary 1994. The proposed
Hale Wailani Subdivision is also situated west of Anekona Estates Subdivision and
adjacent to the housing projects. It is currently zoned A-la and the developer proposes a
49-lot subdivision, with lots minimum two acres in size.
18. Previous Approvals: From 1998 to present, the County Council approved similar
requests for a State Land Use Boundary Amendment from an Agricultural to Rural
District and a Change of Zone from A-Sato RA-2a for 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. Similar land use changes
were approved for 3 parcels in the Kanehoa Subdivision. Two of the parcels have
secured Final Subdivision Approval. In October 1996, the County Council also approved
the reclassification of two 5-sore 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 to reclassify 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: Tax Map Key 6-2-11:12 (Theodore T. &
Susan T. Herhold), and Tax Map Key 6-2-11:31 (Paula K. ICosters) in the .Anekona
Estates Subdivision; and Tax Map Kcy 6-2-9:9 (Erwin L. Baldwin) in the Kanehoa
Subdivision. (See Exhibit B -Tax Kcy Maps)
19. 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.
-4-
20. Land Study Bureau's Detailed Land ClassiScation System: Soils within the property
and surrounding area are classified as "E" or "Very Poor" for agricultural productivity.
21. 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 extreme]y
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.
22. Flood Insurance Rate Map (FIRM): The property is located within Zone X, area
determined to be outside the 500-year flood plain.
23. Flora/Fauna Resources: According to the applicants' environmental report, the area is
undeveloped and barren except for few grasses and weeds. The natural vegetation
occumng 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.
24. Archaeological Resources: According to the applicants' 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.
25. Cultural or Native Gathering Rights: According to the applicants, at present there is
no evidence of valrted 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.
26. 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
27. Roadway: The Anekona Street and Kanehoa Street provide accesses from Kawaihae
Road into Anekona Estates Subdivision and the makai portion of the Kanehoa
-5-
Subdivision. Kanehoa Street is a connector road that leads into Anekona Estates
Subdivision and runs parallel to Kawaihae Road. Anekona Street and Kanehoa Street
have rights-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 Kanehoa
Street.
28. Water System: According to the Department of Water Supply, the property has two
service laterals for 5/8-inch meters.
29. Wastewater System: There is no municipal sewer system iir the area. The applicants
would be required to dispose wastewater into a septic tank system meeting the approval
of the State Department of Health.
30. Utilities: Underground electrical, telephone and cable services are available to the
property.
31. 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.
32. Recreational Facilities: The Waimea Park and Anuenue Playground are located
approximately 6 miles east of the property. Spencer Beach Park is located approximately
6 miles to the west.
AGENCIES' COMMENTS
33. Department of Public Works (December 26, 2002 Memo):
"We have reviewed the subject application and our comments are as follows:
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
3. Kanehoa Street, fronting and providing access to the subject property is a private
road with 20 foot wide pavement and unpaved shoulders. This is the Subdivision
Code standard for private roads serving lots of 3 or more acres in size."
34. Department of Environmental Management (December 2, 2002 Memo):
"We have reviewed the subject application and have no comments to offer."
-6-
35. Department of Water Supply (Jauuary 27, 2003 Memo):
"We have reviewed the subject application for the proposed State Land Use Boundary
Amendment and Change of Zone and have the following comment and condition.
"Inasmuch as the subject parcel has two (2) 1-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."
36. Police Department (December 16, 2002 Memo):
"Staff has reviewed the above-referenced proposal and have no concerns regarding the
proposed use of this property from agricultural to rural.
"Thank you for the opportunity to comment."
37. 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 and previous grubbing/grading has altered the land.
"Thus, we believe that `no historic properties will be affected' by this undertaking."
38. Department of Health (December 18, 2002 Memo):
"The Health Department found no environmental health concerns with regulatory
implications in the submittals."
39. Department of Transportation (December 20, 2002 Letter):
"Thank you for your transmittal requesting our review of the subject project. The
proposed 2-lot subdivision by itself will not significantly impact our State highway
facilities.
"However, these types of `piece meal' applications can lead to greater housing density
and associated traffic impacts if allowed to proliferate in an area or region. If more of
these 2-lot subdivisions are permitted in this area, their cumulative effects may require
roadways and intersections improvements to mitigate adverse impacts.
"We appreciate the opportunity to provide comments."
40. Land Use Commission (January 2, 2003 Letter):
"We acknowledge receipt of your memorandum dated November 25, 2002 regarding the
above subject application, and confirm that the subject parcel is designated within the
boundary of the State Land Use Agricultural District.
-7-
"Given the location, scope, and nature of the proposed activity, the State Land Use
Commission defers to the judgment of the County of Hawaii in this matter. We have no
further comments to offer at this time.
"Thank you for the opportunity to comment on the subject project."
41. Fire Department: (See Exhibit C -December 3, 2002 Memo)
APPLICANTS' RESPONSE TO AGENCIES COMMENTS
42. December 18, 2002 and January 2, 2003 Letters: (See Exhibit D)
AGENCIES/ORGANIZATIONS - NO RESPONSE
43. Real Property Tax Office, Department of Land and Natural Resources-Land
Division, Department of Agriculture, Natural Resources and Conservation Services,
South Kohala Traffic & Safety Committee, and Anekona Community Association
PUBLIC COMMENTS
44. The Planning Department has not received any written comments or objections from the
general public or adjacent landowners on the subject applications.
-8-
MOOERS EhITERPRISES, LLC
P.O. Box 1 i O 1
KaMUEL4, Haw,4n 96743
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO RURAL
CHANGE OF ZONE:
AGRICULTURAL 5-ACRE TO
RESIDENTIAL-AGRICULTURAL 2-ACRE
Tax Map Key: (3) 6-2-11:003
Ouli, South Kohala, Hawaii
Applicants: Philip R. and Diane C. Delmer
Submitted by:
Mooers Enterprises, LLC
November 5, 2002
PHONE: (808) 885-6839 ~ ^ ~
FAx: (808) 885 1 574 /T
EMA.I L. GMOOERS@ATTG LO BALN ET
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(IS ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT nI„~ g v~ 1 07
T e or le ibl rint the re uested information ~L~=RI~1' ~ ~ ~
( YP g YP 4 ) CUJ~~i~, lir ,,I
PETITIONER: Philip R. Delmer and Dianne C. D er
PETITIONER'S SIGNATUR ' ~ ~ C DATE: N OL
ADDRESS: 328 Big Bee Street
Pittsburgh, Pennsylvania 15211 -
PETITIONER'S INTEREST IF NOT OWNER: Owner
TELEPHONE: (Bus.) (412) 431-2650 (Res.) (Fax)
LANDOWNER(S): Same
LANDOWNER SIGNATURES ~ / ~~~DA`FE: / 1 /0 L
(May be by letter)
ADDRESS: -
TAX MAP KEY:6-2-011:003
STREET ADDRESS OF PROPERTY: Kanehoa Street _
ZONING: A-5a SIZE OF PROPERTY: 5.(233 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
AGENT: Gregory R. Mooers -
ADDRESS: Mooers Fntemri ea T T
P.O. Box 1101 -
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 88s-6839 (Res.) 885-7126 (Fax) sss-IS~4
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Mooers 8nterprises, LLC COPIES: Philip Delmer -
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
PLANNING DEPART-' T'~ 1~` 6 ~ ~ 1 0 f
(Type or legibly print the requested information) _
PL;~~h_ ~ ~ ~ ^~NT
(~Li~lill ; 'Jr i ~ .;~~°vl
APPLICANT: Philip R. and Diane C. Delmer
APPLICANT'S SIGNATURE:/Z~~Qrrtev HATE: Il Y oZ
ADDRESS: 328 Bid Bee Street
Pittsburgh, Pennsylvania 15211
LIST APPLICANT'S INTEREST IF NOT OWNER: Owner _
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (412)431-2650 (Res.) _(Fax)
LANDOWNER(S): Same
LANDOWNER SIGNATi IRF( ~o Oa ,},rain o ~ ATE: !I
(May be by letter)
LANDOWNER(S) ADDRESS:
REQUEST: Agricultural 5-acres (A-Sa) Tfl Residential-Agricultural 2-acres (RA-2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 6-2-011:003
STREET ADDRESS OF PROPERTY: Kanehoa Street
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.1233 acres
AGENT: Gregory R. Mooers _
ADDRESS: Mooers Ente rizea T i
P.O. Box I ]Ol _
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 88s-6839 (Res.) 88s-7126 (Pax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Mooers Enterprises, LLC COPIES: Philip Delmer_
(See Instructions on Reverse Side)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF GONE
I. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 5.1233acr~
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 please answer the following questions:
On how many of those lots? 2
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? lyear
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. Se11 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 5/8A
i. 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.
9. Are there any buildings on the subject area? No
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
5. Is the subject land currently being used for any agricultural activity?
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
No
lots?
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?
Yes No
X
a. Schools -
_ X
b. Roads
_ X
~ Sewer
_ X
d. Drainage
3-
Yes No
e. Police Protection X
f. Fire Protection X
g Recreational Facilities - X
X
h. Public Utilities
X
Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature:~~~oe~,~~CY
Address : 328 Big Bee Street, Pittsburgh, Pennsylvania 15211
Telephone: (412)431-2650
Date: 1 O O2
-4-
TABLE OF CONTENTS
Page
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
CHANGE OF 'LONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS '
L GENERAL INFORMATION Z
II. 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 8
D. County Zoning Code 8
E. Special Management Area 8
F. Chapter 205A: Coastal Zone Management Act 4
G. Mountain Access 9
IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting 9
Historic Resources 1 1
Cultural Resources 11
Natural Resources (Flaw-Fauna) 11
Social-Economic Characteristics 11
Sun~ounding Lands 12
i
V. PUBLIC FACILITIES AND UTILITIES
A. Location 13
B. Water Service 1 3
C. Utilities 1 3
D. Wastewater Disposal 13
E. Police Services 13
F. Fire Services 1 3
G. Public Recreation 13
H. Schools 1 3
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity 14
B. Mitigative measures proposed to avoid, minimize, rectify or reduce
impact 1 4
C. Alternatives to the proposed development 14
D. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented 14
VII. PROPOSED FINDINGS 15
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) 6-2-11:003
Ouli, South Kohala, Hawaii
Applicants: Philip R. and Diane C. Delmer
The applicants, Philip R. and Diance C. Delmer, are seeking a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre
(A-Sa) to Residential -Agricultural 2-acres (RA-2a) fora 5.1233 acre parcel located on
the north east corner of the intersection of Kanehoa Street and Aneknoa Street at Ouli,
South Kohala, Hawaii, 'Cax Map Key (3) 6-2-011:003
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.
1
I. GENERAL INFORMATION:
Philip R. Delmer and his wife, Diance C. Delmer, are the fee owners of the subject
property. The subject property is Lot 3 of the Aneknoa Estates Subdivision.
II SUBJECT REOUEST/PROPOSED DEVELOPMENT:
A. The applicant is proposing to redistrict a 5.1233 acre parcel from the agricultural
district to the rural district and change the zone from Agriculhiral 5-acre (A-Sa) 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 is vacant and unused. This site has been used previously and
periodically to pasture livestock. The property has previously been graded to
facilitate its use for pasturing animals and for subdivision purposes. Please see the
site photographs in the exhibits.
C. The 5.1233 acre lot is a roughly rectangular shaped lot located on the north east
comer of the intersection of Kanehoa Street and Anekona Street. Please see the
location maps and rezoning exhibit in the Exhibits.
D. Access to the proposed subdivision will be from Kanehoa Street via Kawaihae Road.
Aneknoa Street and Kanehoa Street are private roadways with 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 Kanehoa
Street. Please see the change of zone exhibit in the Exhibits.
F. Underground utilities will be provided to each of the proposed 2 lots from the
Aneknona Estates Subdivision's existing underground infrastructure that presently
serves the site.
G. Construction on the newly created lots 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 Llse 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 5.1233
acres so no Land Use Commission ratification is needed.
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 azeas;
(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 aze 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-I 5-25 relating to
agricultural uses and those uses that are compatible within the agricultural district;
(2) Low-density residential uses with a minimum lot size of one-half acre. The
commission for good cause may allow one lot of less than one-half acre, but not
less than 18,500 square feet, or an equivalent residential density, provided all
other lots in the subdivision have the minimum lot size of one-half acre. A
petition for variance may be processed under the special permit procedure
3
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." 1'he 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
pazks 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 regazd 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.
4
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) F,ffectively 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.
r
• The County of Hawaii shall strive for diversity and stability in its economic
system.
• The CountS~ shall provide an economic enviromnent which allows new,
expanded, or improved economic opportunities that are compatible with the
County's natural and social environment.
5
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 azeas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
• Promote and encourage the rehabilitation and use of urban and rural azeas
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.
6
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 vaziety 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 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.
7
• 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 coral 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.
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-Sa). One component of this request is to
change the zone of the property to Residential-Agricultural 2-acres (RA-2a)
E. 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.
8
F. Chapter 205A: Coastal Zone Management Act:
The subject property is located approximately six 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 riot 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.
G. 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 Characteristics/Environmental Setting:
A. The 5.1233 acre lot is a roughly rectangular shaped lot located on the north east
corner of the intersection of Kanehoa Street and Anekona Street. Please see the
location map and rezoning exhibit in the Exhibits.
B. The property's Anekona Street frontage is approximately 19f> feet and the property's
Kanehoa Street frontage is approximately 284 feet. Please see the site plan in the
exhibits.
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 relatively flat which slopes from its northern boundary down to the
southern boundary at a grade less than 8 percent.
9
F. The site presently is 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 six miles 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 Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine
loams that formed in volcanic ash. The soils are gently sloping and most areas are
extremely stony. They aze on uplands at an elevation ranging from 1,000 to 2,500
feet and receive between 20 to 35 inches of rainfall annually. Their mean soil
temperature is between 69 degrees and 71 degrees. The natural vegetation consists of
bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and
Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu
Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20
slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea,
and the Kohala Mountains. In a representative profile the surface layer is very dark
brown extremely stony very fine sandy loam about 6 inches thick. The next layer is
dazk 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 substratwn. 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.
10
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 S00-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.
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. Fanners have settled in the
area to grow truck crops for the Big Island and the rest of the state. There are retirees
11
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 Pazker School aze 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.
Surrounding Lands:
Land Use/Zoning:
Of the adjacent pazcels, 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
Estates Subdivisions. The remaining surrounding properties are located in the State's
Agricultural District and in the County's Agricultural 5-acre and l-acre zones. Kamuela
Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona
subdivision, A-Sa, is immediately west. The Ouli Subdivision fixrther to the west is zoned
A-la and is presently undeveloped.
There is a small State classified urban area located immediately below the site that hosts
an affordable housing project, Ouli Ekahi.
12
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 at the intersection of Kanehoa Street and Anekona Street,
private 50' wide right-of--ways with 16' of asphalt paving and grass swales.
B. The site is serviced by Department of Water Supply water and presently has two
meters, one on Kanehoa Street servicing proposed Lot 3-B anti one on Anekona Street
servicing proposed Lot 3-A. 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 Anekona Estates 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 eight miles east of the site in Waimea.
F. The nearest fire station is located eight miles east of the site in Waimea.
G. The nearest public recreation facility is Waimea Park and Anuenue Playground
located seven 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 (seven miles east) and private schools (4 miles east) provide
educational services to the area.
13
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 pazcel vacant and undeveloped. This would not allow the
development of an additional lot for residential-agricultural purposes in this desirable
azea of South Kohala. It would also not increase the real property tax base as the
proposed action would.
D. Irreversible and irretrievable commitments of natural resources that would be
involved if proposed action is implemented: The construction of one additional rural
residential unit would involve the irreversible and in•etrievable 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.
14
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.
15
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~ - ~ FIRE DEPARTMENT
LL._ ~ , i - _ 25 Aupuni Street • Suite 103 • ]lilo, fIawai`i 96720
~ (808) 961-8297 • Fax (ROR) 961-8296
December 3, 2002
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (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: 6-2-011:013
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). -
SAP\I Cps
EXHIBIT
! ~~'ED~
CHRISTOPHER J. YUEN
Page 2
"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.
"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.
CHRISTOPHER J. YUEN
Page 3
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief." (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.
"(I) 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."
AR L OLIVEIRA
Fire C ief
RK:Ik
MOOERS ENTERPRISES, LLC
P.O. BoX 1 i O 1
KAMUELA, HAWAII 96743
? n? ;AFC ~ 9 ?~1 12 `i3
December 18, 2002 pl C,~!P~ilf J(, "i[f~!T
Mr. Christopher Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Flilo, Hawaii 96720
Re: State Land Use Boundary Amendment Application (SLU 02-013)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-026)
Request: Agricultural (A-Sa) to Residential-Agricultural (RA-2a)
Applicant: Philip R. and Diane C. Delmer
Tax Map Key: 6-2-011:003
Dear Mr. Yuen:
Your staff has faxed me comments on the applications identified above from the Fire Department
and asked that I respond.
The applicants will comply with the provisions of the Fire 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.
Sincerely, ~j
`iV ~'~6'e'~-~-
Grego . Mooers
President
GRM/sp
copy: Fire Department
ExHOBrv
PHONE: (808) 885-6839
FAX: (808) 885-7 574
EMAIL: GM OOERS@ATTGLOBAL.NET
MOOERS ENTERPRISES, LLC
P.O. BOx 1 i O 1
KAMUELA, HAWAII 9674
2i~3 ,.s~r~ g F~1 1 16
r r~l~E!`1T
I
January 2, 2003 PL/.~Ihill`-. , I ~~IAII
wl~)i~1;`( CE
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 02-013)
Request: Agricultural to Rural
Change of Zone Application (REZ 02-026)
Request: Agricultural (A-Sa) to Residential-Agricultural (RA-2a)
Applicant: Philip R. and Diane C. Delmer
TaX Map Key: 6-2-0] 1:003
Dear Mr. Yuen:
Your staff has faxed me agencies' comments on the applications identified above and asked that I respond.
Department of Public Works:
The applicants will comply with all regulations related to runoff and earthwork.
Department of Transportation:
This subdivision has a long established pattern of being developed as two dwellings per existing lot. The
proposed action is an alternative to the CPR and ohana efforts previously used by neighboring properties.
The proposed action is not intended to increase the density beyond the existing established pattern of
development.
It you have any questions, or if additional information is required, please comact me at 885-6839. Thank
you for your prompt attention to these applications.
Since ely,
i~Z-
Cireg . Mooers
President
GRM/sp
copy: Department of Public Works
Department of Transportation
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@ATfGLO BAL. NET