HomeMy WebLinkAboutCOM 0667.000 2002-2004Harry Kim
Mayor
June 21, 2004
COUNTY OF HAWAII
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakim Highway, Suite 103 • Kailua-Kona, Hawai'i 96740
(808) 329-5226 • Fax (808) 326-5663
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 04-002)
Request: Agricultural to Rural
JChange of Zone Application (REZ 04-005)
Request: A -5a to RA -2
Applicant: Nedra Roberts
Tax Map Key: 6-2-11:10
State Land Use Boundary Amendment Application (SLU 04-003)
Request: Agricultural to Rural
Change of Zone Application (REZ 04-006)
Request: A -5a to RA -2a
Applicant: Gary and Betsy Queen
Tax Map Key: 6-2-11:16
Change of Zone Application (REZ 04-002)
Applicant: William H. McClintick
Request: Agricultural (A -20a) to Agricultural (A-lOa)
Tax Map Key: 7-3-26:15
Dixie Kaetsu
Managing Director
Peter L. Hendricks
Deputy Managing Director
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County
Council's consideration and action are the Planning Commission's letters and enclosures regarding the
above -referenced requests.
Sincerely,
Harry Kim
Ct, Mayor
IA52804may
Enclosures
cc: Planning Department
p Comm. NO
Hawai'i County is an Equal Opportunity Employer and Provider Ref. To: T'RI11Ti
R, f. Uote
Harry Kim
Mayor
June 18, 2004
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 • Fax (808)961-8742
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 04-002)
Request: Agricultural to Rural
Change of Zone Application (REZ 04-005)
Request: A -5a to RA -2
Applicant: Nedra Roberts
Tax Mai) Key: 6-2-11:10
The Planning Commission, after a duly held public hearing on May 28, 2004, voted to
recommend for your approval the proposed legislative bills to change the State Land Use district
from the Agricultural to the Rural District and to change the district classification from an
Agricultural 5 -acre (A -5a) to a Residential and Agricultural 2 -acre (RA -2a) district for 5.832
acres of property. The property is located in the Anekona Estates Subdivision on the north side
of Kanehoa Street, approximately 2,350 feet east of the Anekona Street-Kanehoa Street
intersection at Ouli, South Kohala, Hawaii.
The Commission concurs with the following findings as recommended by the Planning Director:
State Land Use Boundary Amendment
The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Rural and a Change of Zone from Agricultural (A -5a) to Residential and
Agricultural (RA -2a) to subdivide the property into two lots approximately two acres in
size.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, 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) 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 property was created on October 23, 1990, as one of the original 36 lots of the
Anekona Estates Subdivision. Surrounding lands are zoned A -5a and RA -2a and located
within the State's Agricultural and Rural Districts. From 1998 to present, the County
Council approved similar requests for State Land Use Boundary Amendments from the
Agricultural to the Rural districts, and Change of Zones from Agricultural (A -5a) to
Residential and Agricultural (RA -2a) for nineteen parcels in the Anekona Estates
Subdivision.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All uses permitted under section
15-15-25 relating to agricultural uses and those uses that are compatible within the
agricultural district; (2) Low-density residential uses with a minimum lot size of one-
half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..."
The proposed boundary amendment is for residential -agricultural uses that are
compatible with the Rural designation. The applicant has stated that the 5.832 -acre
parcel will be subdivided into two residential/agricultural lots. Thus, the requested
boundary amendment would be in the direction of fulfilling the permissible uses of the
rural designation.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The proposed Rural boundary amendment request would be consistent with,
among others, the Land Use (Single Family Residential) and Housing Elements of the
General Plan:
• Rural -style residential -agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be
encouraged in appropriate locations.
• The County shall review and amend if necessary land use ordinances and
codes to include considerations for rural -style residential subdivisions in
appropriate locations. Standards and criteria for the establishment of these
areas shall be developed.
The proposed Rural boundary request also conforms to the Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area as Extensive Agricultural.
The Extensive Agricultural designation includes pasturage and range lands. The
Anekona Estates Subdivision, as well as adjacent subdivisions, includes a mix of
residential and limited agricultural activities. The County is currently conducting a
comprehensive review update of the General Plan. One of the proposed amendments to
the LUPAG Map is to change the designation for the Anekona Estates and Kanehoa
Subdivisions as well as both sides of Kawaihae Road from Extensive Agricultural to
Rural, which reflects more accurately the residential -agricultural character of the area.
The County Council has previously approved land use reclassifications in the Anekona
Estates and Kanehoa Subdivisions to the State Land Use Rural district and Residential -
Agricultural zoning. This boundary request would allow a rural development for
residential -agricultural uses that will complement the existing and future residential -
agricultural land use patterns of the immediate vicinity. Based on the above findings, the
granting of the Rural boundary amendment would complement and implement the
General Plan.
All utilities and services are available to the property, which are essential to
accommodate rural development. Access to the two proposed lots is from Kanehoa
Street, a private roadway with a 50 -foot right-of-way with 16 feet of asphalt paving and
grass swales. County water is available to the site. As this area is not serviced by a
municipal sewer system, the applicant would be required to dispose wastewater into a
septic tank system. Underground electrical, telephone and cable services are available to
the property. The nearest police, fire and emergency facilities are located in Waimea,
approximately eight (8) miles east of the subject property.
The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The Federal Emergency
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X", outside of the 500 -year flood plain. The site slopes from its northern to its southern
boundary at a grade between 5 and 25 percent, with the steepest grades on the southern
portion of the site. While the subject property is within the State Land Use Agricultural
and County's A -5a zoned districts, there is a single-family dwelling on the site, and it is
not currently being used for active agricultural purposes. The property is unclassified by
the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils
within the subject property 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 on the site.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to the Coastal Zone Management area. The property is not situated within the
Special Management Area. It is located approximately six (6) miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
are 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. Because the property and
surrounding area have been previously grazed by cattle and extensively altered with
residential -agricultural uses, 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. Presently, there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of known valued cultural, historical or native resources 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.
Finally, the reclassification action would conform to the following goals,
objectives and/or policies articulated in the Hawaii State Plan relating to Socio -cultural
advancement - Housing objectives and policies:
(a) Planning for the State's socio -cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced, safe,
sanitary, livable homes located in suitable environments that satisfactorily
accommodate the needs and desires of families and individuals.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
(2) The orderly development of residential areas sensitive to community needs
and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate -income and gap -group households.
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and other
concerns of existing communities and surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment
from the Agricultural 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.
Chane of Zone
The applicant is requesting a Change of Zone from an Agricultural (A -5a) to a
Residential and Agricultural -2 acres (RA -2a) zoned district for approximately five acres
of land to subdivide the property into two lots, approximately two acres in size. The
applicant has submitted a concurrent request for a State Land Use District Boundary
Amendment from an Agricultural to a Rural district.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
The Change of Zone request from Agricultural (A -5a) to a Residential and
Agricultural (RA -2a) zoned district will conform to, among others, the Land Use (Single
Family Residential) and Housing elements of the General Plan:
• Rural -style residential -agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall review and amend if necessary land use ordinances and
codes to include considerations for rural -style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The subject area is designated
Extensive Agricultural. The County is currently conducting a comprehensive review
update of the General Plan. One of the proposed amendments to the LUPAG Map is to
change the designation for the Anekona Estates and Kanehoa Subdivisions and both sides
of Kawaihae Road, from Extensive Agricultural to Rural, which reflects more accurately
the residential -agricultural character of the area. The County Council has previously
approved land use reclassifications in the Anekona Estates, Kanehoa, and Kamuela
Plantations Subdivisions to the State Land Use Rural district and Residential -Agricultural
zoning. From 1998 to present, the County Council approved similar requests for State
Land Use Boundary Amendments from the Agricultural to the Rural districts, and Change
of Zones from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for nineteen
parcels in the Anekona Estates Subdivision.
The subject property was created on October 23, 1990, as one of the original 36
lots in the Anekona Estates Subdivision. Surrounding lands are zoned A -5a and RA -2a
and located within the State's Agricultural and Rural Districts. The adjacent property to
the east, as well as properties to the north, east and west have been reclassified into the
State Land Use Rural District and rezoned Residential -Agricultural (RA -2a). These lands
are in residential uses and/or vacant with minimal agricultural activities.
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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
Should this request be approved, the applicant may normally apply for an Ohana
Dwelling Permit, allowing the construction of a second dwelling unit as a separate or
attached unit on both lots. Because this subject request would allow the existing parcel to
be subdivided and subsequently allow the creation of a second lot, an additional dwelling
may be constructed, doubling the existing density of the area. Although the Planning
Director supports this rezoning request to allow a two -lot subdivision with one home on
one lot, the potential to allow four (4) homes may contribute to a cumulative burden on
the existing infrastructure which cannot be supported. Therefore, a condition is included
in the change of zone ordinance to prohibit a second dwelling unit and a Condominium
Property Regime on each lot.
The property was previously utilized for pasturing cattle, but is currently not used
for any agricultural activities. The site has been improved with a single-family dwelling.
The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
designates the property as Zone "X", an area determined to be outside of the 500 -year
flood plain. The property slopes from its northern to its southern boundary at a grade
between 5 and 25 percent, with the steepest grades on the southern portion of the site.
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.
Access to the property is from Kanehoa Street, a private roadway with a 50 -foot
right-of-way with 16 feet of asphalt paving and grass swales. Similar change of zones
may occur in the Anekona Estates Subdivision as well as the adjacent Kanehoa
Subdivision, creating home sites and 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 a fair
share contribution towards roads.
The site is serviced by County water. As there is no municipal sewer system in
the area, the applicant would be required to dispose wastewater into a septic tank system
meeting the standards and requirements of the State Department of Health. Underground
electrical, telephone and cable services are available to the site. Police, fire and
emergency facilities are located in Waimea, approximately eight (8) 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
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
are 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. Because the property and
surrounding areas have been previously grazed by cattle, 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.
Presently, there is no evidence of any traditional and customary Native Hawaiian rights
being practiced on the site, nor existence of known valued cultural, historical or native
resources 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.
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
The valuable cultural, historical, and natural resources found in the rezoning area:
As the site was formerly used for pasturing, and there is a single-family dwelling on the
property, an archaeological inventory survey of the site was not conducted. By letter
dated February 9, 2004, the applicant has requested a "no effect" letter from the State
Historic Preservation Division. In a memo dated April 14, 2004, the HPD indicated that
"we believe no historic properties are present because intensive cultivation (cattle
grazing) and residential development/urbanization has altered the land; thus, no historic
properties will be affected by this undertaking". A condition will be included to require
the applicant to cease any activities on the site and notify the Planning Department if any
unanticipated archaeological features or sites are discovered during the course of
improving the site.
Possible adverse effect or impairment of valued resources: The applicant has
stated that the landowner residing on the property as well as surrounding neighbors have
stated that there is no evidence of any traditional and customary Native Hawaiian rights
being practiced on the site, nor existence of any known valued cultural, historical or
native resources in the area. Therefore, to the extent to which traditional and customary
native Hawaiian rights are exercised, the proposed request will not affect traditional
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
Hawaiian rights, and no action is necessary to protect these rights. The subject property
does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an
issue.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A -5a) to a Residential and Agricultural (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 SLU Boundaries Map H-14 and
Section 25-8-7 (North and South Kohala Districts Zone Map) of Chapter 25, Zoning Code, of the
Hawaii County Code are transmitted.
We are enclosing a copy of the applications and a copy of the staff background and
recommendation for your information.
Sincerel
Fred al ones, Chairma
Planning Commission
Lroberts02PC
Enclosures
cc: Mr. Gregory Mooers
Nedra Roberts
Department of Water Supply
Department of Public Works
Rodney Haraga/DOT-Highways,Honolulu
State Land Use Commission
Planning Department - Kona
Hawaii County is an Equal Opportunity Employer and Provider
BRobertsREZ.doc-3/31 /04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
NEDRA ROBERTS
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-002)
CHANGE OF ZONE APPLICATION (REZ 04-005)
NEDRA ROBERTS has submitted applications for a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone by changing the district
classification from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for
approximately 5.832 acres of land. The property is located in the Anekona Estates Subdivision
on the north side of Kanehoa Street, approximately 2,350 feet east of the Anekona Street-
Kanehoa Street intersection at Ouli, South Kohala, Hawaii, TMK: 6-2-11: 10.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Rural and a Change of Zone from Agricultural (A -5a) to Residential and
Agricultural (RA -2a) to subdivide the property into two lots approximately two acres in
size. The applicant is the fee owner of the property. (See Exhibit A - State Land Use
Boundary Amendment and Change of Zone Applications)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP LUPAG Map: Extensive Agricultural. The County is currently conducting a
comprehensive review update to the General Plan. One of the proposed amendments to
the LUPAG Map is to change the designation for the Anekona Estates and Kanehoa
Subdivisions, and both sides of the Kawaihae Road from Extensive Agricultural to Rural.
The area is currently residential/agricultural in character. The County Council has
approved several land use reclassifications in the Anekona Estates, Kanehoa and
Kamuela Plantations Subdivisions to the State Land Use Rural district and County
Residential -Agricultural zoning.
4. County Zoning: Agricultural (A -5a).
5. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use
Rural District and County Residential and Agricultural (RA -2a) district zoning.
C-667CBr!ls ZV- *.:z&q)PL
However, there will be restrictive covenants for the subdivision that will prohibit ohana
dwellings to preserve the residential -agricultural ambience of the area.
6. 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.
7. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
situated within the Special Management Area. It is located approximately six (6) miles
from the nearest coastline and therefore, will not be impacted by coastal hazard and
beach erosion. There are 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
8. Subject Property: The subject property is a roughly rectangular approximately 5.832 -
acre parcel located in the Anekona Estates Subdivision between Kawaihae Road on the
north and Kanehoa Street on the south. There is a single-family dwelling on proposed lot
10-13, and the balance of the site is vacant and unused. The site has been graded to
facilitate its use for the single-family dwelling, pasturing animals and for subdivision
purposes. The site slopes from its northern to its southern boundary at a grade between 5
and 25 percent, with the steepest grades on the southern portion of the site.
9. Anekona Estates Subdivision: The property was created on October 23, 1990 as one of
the original 36 lots in the Anekona Estates Subdivision.
10. Adjacent Land Uses: The adjacent property to the north, east and southeast has been
reclassified to the State Land Use Rural district and rezoned Residential and Agricultural
(RA -2a). Lands to the west and southwest are zoned A -5a. These lands are in residential
uses and/or vacant with minimal agricultural activities.
11. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's
-2-
Agricultural and Rural Districts and in the County's Agricultural (A -5a) 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 ten lots, is located further to the east, and the Waimea
Landmark Estates Subdivision, consisting of twenty-six lots, is located to the north across
Kawaihae Road. These subdivisions include mixed residential uses and vacant lands.
12. Previous Approvals: From 1998 to present, the County Council approved nineteen
similar requests for State Land Use Boundary Amendments from the Agricultural to
Rural Districts and Change of Zones from A -5a to RA -2a in the Anekona Estates
Subdivision. (See Exhibit B - Map of Anekona Estates Subdivision)
13. ALISH: Unclassified.
14. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
15. U.S. Soil Survey: Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent
slopes. Permeability is moderately rapid, runoff is medium, and the erosion hazard is
moderate. These soils are used for pasture.
16. FIRM: Zone "X", area determined to be outside the 500 -year flood plain.
17. Flora/Fauna Resources: The natural vegetation on the site includes buffle grass,
fountain grass, spanish clover, prickly poppy, and yellow guava. The site has been
grubbed and previously used for pasturing animals. Common animal species in the area
include field mice and mongoose. According to the applicant, there is no known or
recorded rare or endangered animal or plant life in the area.
18. Archaeological Resources: Since the property was extensively graded for development
and previously used for pasturing activities, it is expected that no archaeological or
historic features exist on the property. By letter dated February 9, 2004, the applicant
requested a "no effect" letter from the State Department of Land and Natural Resources
Historic Preservation Division (HPD). In a memo dated April 14, 2004, the HPD
indicated that "we believe no historic properties are present because intensive cultivation
(cattle grazing) and residential development/urbanization has altered the land; thus, no
historic properties will be affected by this undertaking".
19. Cultural or Native Gathering Rights: According to the landowner who resides on the
property and surrounding neighbors, there is no evidence of any traditional and
-3-
customary Native Hawaiian rights being practiced on the site, nor existence of any known
valued cultural, historical or native resources in the area.
20. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
21. Access: Access to the two proposed lots is from Kanehoa Street, a private roadway with
a 50 -foot right-of-way with 16 feet of asphalt paving and grass swales.
22. Water System: According to the applicant, the site is serviced by County water and has
two meters.
23. Wastewater System: There is no municipal sewer system in the area. All lots in the
area dispose of wastewater through individual wastewater systems. Any structures on the
property would be required to dispose wastewater into a septic tank system meeting the
standards and requirements of the State Department of Health.
24. Essential Utilities and Services: Underground electrical, telephone and cable services
are available to the property. The nearest police and fire facilities are located in Waimea,
approximately eight (8) miles east of the property.
25. Recreational Facilities: The Waimea Park and Anuenue Playground are located
approximately seven (7) miles east of the property. Spencer Beach Park is approximately
(6) miles west of the site.
AGENCIES' COMMENTS
26. Department of Public Works: (See Exhibit C - April 19, 2004 Memo)
27. Department of Environmental Management: (See Exhibit D - March 22, 2004
Memo)
28. Fire Department: (See Exhibit E - March 25, 2004 Memo)
29. Department of Land and Natural Resources Historic Preservation Division: (See
Exhibit F - April 14, 2004 Memo)
30. State Land Use Commission: (See Exhibit G - April 7, 2004 Letter)
APPLICANT'S RESPONSES TO AGENCIES' COMMENTS
31. (See Exhibit H - April 12, 2004 Letter)
AGENCIES - NO COMMENTS
32. Police Department
-4-
AGENCIES - NO RESPONSES
33. Department of Water Supply, Department of Health, Department of Land and
Natural Resources Land Division, Department of Transportation, Natural
Resources Conservation Service
PUBLIC COMMENTS
34. The Planning Department has not received any written comments or objections
from the general public or adjacent landowners on the subject applications.
-S-
i
j
t
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
Nedra Roberts
PETITIONER'S SIGNATURE: / /lLU'A", ATE: 12/21/03
ADDRESS: P.O. Box 2762 Kamuela, Hawaii 96743
PETITIONER'S INTEREST IF NOT OWNER: Owner
TELEPHONE: (Bus.)
LANDOWNER(S):
LANDOWNER SIGNATURE(S):
Kamuela, Hawaii 96743
(Res.) 882-1615
(May be
(Fax)
TE: 12/21/03
TAX MAP KEY: (3) 6-2-11:010
STREET ADDRESS OF PROPERTY: Kanehoa Street
ZONING: Agricultural 5 -acre (a -5a) SIZE OF PROPERTY: 5.8322 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
AGENT: Gregory R. Mooers
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 885-6839
(Res.) 885-7126
(Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory Mooers COPIES: Nedra Roberts
(See Instructions on Reverse Side) WNW
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT:
APPLICANT'S SIGNATURE:
ADDRESS: P.O. Box 2762
Kamuela, Hawaii 96743
LIST APPLICANT'S INTEREST IF NOT OWNER: Owner
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.)
LANDOWNER(S): Nedra Roberts
LANDOWNER SIGNATURE(S): /
LANDOWNER(S) ADDRESS: P.O. Box 2762
(Res.)882-1615 (Fax)
be
96743
DATE: 12/21/03
DATE: 12/21/03
REQUEST: Agricultural 5 -acres (A -5a) TO Residential-Agricutural 2 -acres (RA -2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3)6-2-11,010
STREET ADDRESS OF PROPERTY: Kanehoa Street
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.8322 acres
AGENT: Gregory R. Mooers
ADDRESS: Mooers Enterprises, LLC
P.O. Box 1101
Kamueia, Hawaii 96743
TELEPHONE: (Bus.) 885-6839
(Res.)885-7126 (Fax)885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory Mooers COPIES: Nedra Roberts
(See Instructions on Reverse Side) V
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? All
b Into what lot sizes? 2+ acres
C. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 30 days
d. Do you intend to build houses on the newly created lots? no
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? occupied
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form. enclosed
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
C. Sell or lease the land to someone who has no plans?
d. Keep it?
e.
P. D. 2 5/84
f If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
The proposed action will create one additional residential -agricultural lot in South Kohala.
9. Are there any buildings on the subject area? Yes
If so, what kind?
A single-family residence owned by the applicant.
What do you intend to do with those buildings if your request is
approved?
It wilD remain the Applicant's residence.
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot -size for that commodity?
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.
h!
?• To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
a• Do you think that the roads leading to the subject area needs
improvements? No
I -
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
9 What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
a. Schools
b. Roads
C Sewer
d. Drainage
-3-
Yes
e, Police Protection
f. Fire Protection
g. Recreational Facilities
h. Public Utilities
I Other
Yes No
rd
�e
a]
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature: T),6& LL�L
Address: P.O. L 2762 Kamuela, Hawaii 96743
Telephone: 882-1615
Date: 12/21/03
M
TABLE OF CONTENTS
Page
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS i
I. GENERAL INFORMATION 2
II. SUBJECT REQUEST/PROPOSED DEVELOPMENT 2
III. CONFORMANCE WITH STATE AND COUNTY PLANS
A.
State Land Use Designation ............................................... 3
B.
Applicable Goals/Policies and Objectives of the General Plan........ 5
C.
General Plan Designation................................................... 6
D.
County Zoning Code ......................................................... 7
E.
Special Management Area ................................................... 7
F.
Chapter 205A: Coastal Zone Management Act ........................... 7
G.
Mountain Access............................................................... 8
IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting ........................ 8
Historic Resources................................................................ 9
Cultural Resources................................................................. 10
Natural Resources (Flora -Fauna) ................................................ 10
h
Social -Economic Characteristics. ............................................... 10
SurroundingLands.................................................................. 11
i
V. PUBLIC FACILITIES AND UTILITIES
A.
Location........................................................................
11
B.
Water Service................................................................
12
C.
Utilities........................................................................
12
D.
Wastewater Disposal.........................................................
12
E.
Police Services.................................................................
12
F.
Fire Services.....................................................................
12
G.
Public Recreation...............................................................
12
H.
Schools...........................................................................
12
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity: ................................ 12
A Mitigative measures proposed to avoid, minimize, rectify or reduce
impact............................................................................ 12
i C. Alternatives to the proposed development: .................................. 13
D. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented ............................. 13
VII. PROPOSED FINDINGS
J
VIII. EXHIBITS
i 1 A. Request for "No Effect Letter from SHPD
B. Location/Vicinity Maps
C. Change of Zone Exhibit
D. Site Photographs
ii
13
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) 6-2-11:010
k Ouli, South Kohala, Hawaii
Applicant: Nedra Roberts
The applicant, Nedra Roberts, is seeking a State Land Use Boundary Amendment from
£ Agricultural to Rural and a Change of Zone from Agricultural 5 -acre (A -5a) to
Residential - Agricultural 2 -acres (RA -2a) for a 5.832 acre parcel located on the north
side of Kanehoa Street and south side of Kawaihae Road at Ouli, South Kohala, Hawaii,
Tax Map Key (3) 6-2-011:010
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:
Nedra Roberts, is the fee owner of the subject property. The subject property is Lot 10 of
the Anekona Estates Subdivision.
II. SUBJECT REQUEST/PROPOSED DEVELOPMENT:
A. The applicant is proposing to redistrict a 5.832 acre parcel from the agricultural
district to the rural district and change the zone from Agricultural 5 -acre (A -5a) to
Residential -Agricultural 2 -acres (RA -2a) to allow the subdivision of the property into
2 residential -agricultural lots in conformance with the new zoning designation.
B. The site presently has a single-family home on proposed lot 10-B and the balance of
the site 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 the
single-family dwelling, pasturing animals and for subdivision purposes. Please see
the site photographs in the exhibits.
C. The 5.832 acre lot is a roughly rectangular shaped lot located between Kanehoa Street
IJ on the south and Kawaihae Road on the north. Please see the vicinity malls and
rezoning exhibit in the Exhibits.
D. Access to both of the proposed lots will be from Kanehoa Street, a private roadway
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.
F. Underground utilities will be provided to each of the proposed 2 lots from the
Anekona Estates Subdivision's existing infrastructure that presently serves the site.
G. Construction on the newly created lot 10-A will begin immediately after all
governmental approvals are secured.
H. There will be restrictive covenants developed for the subdivision that will prohibit
second dwellings to preserve the residential -agricultural ambience of the area.
2
III. CONFORMANCE WITH STATE AND COUNTY PLANS:
A. State Land Use Designation:
The State Land Use District Classification of the subject parcel is Agricultural.
One component of this request is to re -district the Agricultural property to the
Rural District. It should be noted that since 1985, pursuant to State law, the
Counties are allowed to process amendments to the district classification if the
land area is less than 15 acres. In this case the subject parcel consists of 5.832
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 areas;
(2) Activities or uses as characterized by low-density residential lots of not
less than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in areas where "city -like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may
include other parcels of land which are surrounded by, or contiguous to
this district, and are not suited to low-density residential uses for small
farm or agricultural uses.
The proposed redistricting is consistent with § 15-15-27 of the Hawaii Land Use
Commission Rules that determines the Permissible uses within the Rural district.
This states: "(a) Permissible uses within the rural district shall include the
following activities: (I)All uses permitted under section 15-15-25 relating to
agricultural uses and those uses that are compatible within the agricultural district;
(2) Low-density residential uses with a minimum lot size of one-half acre. The
commission for good cause may allow one lot of less than one-half acre, but not
less than 18,500 square feet, or an equivalent residential density, provided all
other lots in the subdivision have the minimum lot size of one-half acre. A
petition for variance may be processed under the special permit procedure
J
J
pursuant to subchapter 12. This exception shall apply to lots of record existing
prior to January 1, 1977, and of not more than two acres. There shall be no more
than one single-family dwelling per one-half acre, except as may be provided for
in this section." The proposed boundary amendment is for a similar agricultural
land uses and uses that are compatible to the Agricultural designation. The
proposed reclassification is also compatible with the statutory definition of Low-
density residential lots of more than one dwelling house. The applicant has and
would like to construct Single Family Dwellings. However, Chapter 205, Hawaii
Revised Statutes, does not authorize residential dwellings as a permissible use in
the Agricultural District unless the dwelling is related to an agricultural activity or
is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as
"a single family dwelling located on and used in conjunction with a farm,
including clusters of single-family farm dwellings permitted within agricultural
parks developed by the State, or where agricultural activity provides income to the
family occupying the dwelling." Thus, the requested boundary amendment would
be in the direction of fulfilling the permissible uses of the rural designation.
The reclassification action would also conform to the following goals, objectives
and/or policies articulated in the Hawaii State Plan relating to Socio -cultural
advancement - Housing objectives and policies:
(a) Planning for the State's socio -cultural advancement with regard to
housing shall be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and
desires of families and individuals.
(2) The orderly development of residential areas sensitive to
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate -income and gap -group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
B. Applicable Goals/Policies and Objectives of the General Plan:
LAND USE
Through the careful analysis and examination of past and present situations, the
following goals, policies, and standards are set forth to physically plan the lands in
the County in the best interest of the island's residents.
GOALS
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
POLICIES
• Zone urban- and rural- types of uses in areas with ease of access to community
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.
• 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.
HOUSING
GOALS
• Attain safe, sanitary, and livable housing for the residents of the
County of Hawaii.
5
AL
• 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
• Rural -style residential -agricultural developments, such as new small
scale rural communities or extensions of existing rural communities,
shall be encouraged in appropriate locations.
• The County shall review and amend if necessary land use ordinances
and codes to include considerations for rural -style residential
subdivisions in appropriate locations. Standards and criteria for the
establishment of these areas shall be developed.
APPLICANT'S RESPONSE:
The proposed action will be the best classification for these lands and in
the best interest of the island's residents. The rural designation and RA -2a
zoning is the appropriate designation as it has access to community
services, employment centers and necessary utilities. The proposed action
meets the needs of the Waimea community by providing residential -
agricultural type lots and is in balance with the physical and social
environment.
The proposed action is consistent with the General Plan and the
surrounding zoning and land uses. The Council has consistently supported
Rural designations and uses for this subdivision and the immediate area
surrounding the subject property.
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
6
various land uses. The LUPAG Map establishes the basic urban and non -urban
form for areas within the County. The proposed Rural boundary request also
conforms to the LUPAG Map which designates the area for Extensive
Agriculture. This request would allow rural development. The area under
consideration is consistent with the rural form established for this section of the
South Kohala District as depicted on the LUPAG Map. Based on the above
findings, including the General Plan's goals and policies, the granting of the rural
boundary amendment would complement and implement the General Plan.
D. County Zoning Code:
The original zoning for this parcels was Unplanned, but upon the approval of the
new zoning code on December 7, 1996, all Unplanned zone property was re-
designated as Agricultural 5 -acre (A -5a). One component of this request is to
change the zone of the property to Residential -Agricultural 2 -acres (RA -2a)
U I 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.
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 not negatively impact
recreational resources, visual resources to or from the shoreline, including access to
and along the shoreline or coastal ecosystems. Therefore no scenic or open space
resources to the shoreline coastal view plane or coastal ecosystem will be negatively
impacted by the proposed action.
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 Cliaracteristics/Environmental Setting:
A. The 5.832 acre lot is a roughly rectangular shaped lot located between Kanehoa Street
on the south and Kawaihae Road on the north. Please see the location map and
rezoning exhibit in the Exhibits.
B. The property's Kanehoa Street frontage is approximately 381 feet. Please see the site
plan in the exhibits.
C. Annual rainfall for the area is between 20 to 35 inches according to An Inventory of
111 Basic Water Resources Data: Island of Hawaii, published by the Department of Land
and Natural Resources.
d
D. The site is slopes from its northern boundary down to the southern boundary at a
grade between 5 and 25%, with the steepest grades being on the southern portion of
the site.
E. The site presently has a single-family dwelling on proposed lot 10_13 and the balance
of the site is vacant. The site has been previously used periodically for the single-
family dwelling and pasturing animals. Please see the site photographs in the
exhibits.
F. 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.
G. The site is located approximately six miles from the ocean at Spencer Park.
N
H. The State Department of Agriculture's Agricultural Lands of Importance to the State
of Hawaii (ALISH) has no classification for this property.
I. The United States Department of Agriculture Soil Survey identifies the soil type to be
of the Pau Pa Soil series. The Pau Pa series consists of well -drained stony very fine
loams that formed in volcanic ash. The soils are gently sloping and most areas are
extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500
feet and receive between 20 to 35 inches of rainfall annually. Their mean soil
temperature is between 69 degrees and 71 degrees. The natural vegetation consists of
bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and
Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu
Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 %
slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea,
and the Kohala Mountains. In a representative profile the surface layer is very dark
brown extremely stony very fine sandy loam about 6 inches thick. The next layer is
dark brown and dark yellowish brown very stony very fine sandy loam about 34
inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to
slightly acid in the surface layer and neutral in the substratum. In places the surface
j layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is
moderate. Roots penetrate to the fragmental Aa lava.
The Land Study Bureau's overall master productivity rating system classifies the soil
as Class "E" or Very Poor for agricultural use.
K. According to the Flood Insurance Rate Map (FIRM) prepared by FEMA, the property
is in Zone "X", an area outside the 500 -year flood plain.
Historic Resources:
Since the site has been previously grazed by cattle and extensively graded for
development, it is expected that no archaeological features exist on the property or that it
provides a habitat for endangered plants or animal species. There is no evidence of
historical or cultural features on the parcel, nor did the records in the Planning
Department disclose any significant findings attributable to the subject property. The
applicant has written a letter to the State Historic Preservation Division requesting a
determination of "no effect' for the proposed action. A copy of that letter is in the
Exhibits. Recent archaeological assessments in this subdivision have led to "no effect'
letters from SHPD.
Cultural Resources:
According to the owner, who resides on the property, and surrounding neighbors, 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
JSouth Kohala coastline has grown and the base facilities for astronomy research have
been developed in town. This area has been a ranching community for many years, the
home of Parker Ranch and many smaller cattle operations. Farmers have settled in the
area to grow truck crops for the Big Island and the rest of the state. There are retirees
from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns
of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the
South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii
Preparatory Academy has attracted many families with their national reputation as a high-
quality college preparatory school.
10
Economic resources of the area: This ranching community is the home of numerous
ranching and farming activities. Many residents are actively engaged in commercial
agricultural activities. More recently residents have found employment at the resorts on
the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened
and this has provided a number of employment opportunities in the health care and
related fields. Hawaii Preparatory Academy and Parker School are valued resources for
the area. Waimea is also the host town for the headquarters of the Keck and CFH
telescopes atop Mauna Kea.
Land Values: According to knowledgeable Realtors in this area, similar agricultural 2 -
acre lots in this immediate area sell for $200,000 to $275,000.
Surrounding Lands:
Land Use/Zoning:
Of the adjacent parcels, some are in the State Rural District and zoned RA -2a by the
County. There are twenty-two 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 1 -acre zones.
Kamuela Plantations, A -5a, is immediately east of the Kanehoa subdivision and Anekona
subdivision, A -5a, is immediately west. The Ouli Subdivision further 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.
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 between Kanehoa Street on the south and Kawaihae Road on
the north. Kanehoa Street is private 50' wide right-of-way with 16' of asphalt paving
and grass swales.
B. The site is serviced by Department of Water Supply water and presently has two
meters.
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
,, q educational services to the area.
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity: In terms of the relationship between
short-term use of man's environment and the maintenance and enhancement of long-
term productivity, no short-term exploitation of resources that would entail negative
L 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.
12
C. Alternatives to the proposed development: One alternative to the proposed action
would be to leave the parcel vacant and undeveloped. This would not allow the
development of one additional lot for residential -agricultural purposes in this
desirable area of South Kohala. It would also not increase the real property tax base
as the proposed action would.
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 irretrievable commitment of
negligible quantities of natural resources. The conditions applied to this request
!` would help insure the protection of the natural and cultural resources on the property.
I
There are presently no such conditions placed on the property.
VII. PROPOSED FINDINGS:
Given the conformance with all established State and County goals, policies and
plans; the physical characteristics of the site and surrounding area; the present
zoning and uses of the surrounding area; the minimal impact on public facilities and
services; the minimal impact on the environment; the applicant requests a favorable
consideration of these boundary amendment and change of zone applications.
13
LIST OF EXHIBITS IN SUPPORT OF
THE BOUNDARY AMENDMENT AND
CHANGE OF ZONE
A. Request for "No Effect" Letter from SHPD
B. LocationNicinity Maps
C. Change of Zone Exhibit
D. Site Photographs
EXHIBIT A
Request for "No Effect Letter" from SHPD
I
i
1
r
lw
February 9, 2004
Mary Anne Maigret
State Historic Preservation Division
74-383 Kealakehe Parkway
Kailua-Kona, Hawaii 96740
Re: Archaeological Clearance
TMK:(3) 6-2-011:016 and 6-2-011:010
Anekona Subdivision
Lalamilo, South Kohala, Hawaii
Mary Anne:
MOOERS ENTERPRISES, LLC
P.O. Box 1 1 O 1
KAMUELA, HAWAII 96743
I am processing a change of zone request for the properties identified above which are located in
the Anekona Estates Subdivision. I have been required by the Planning Department to either get
a "no effect" letter from your Division or do an inventory survey for the subject property.
There have been numerous change of zone applications in this subdivision that have been
processed without inventory surveys. Previously your division has written "no effect" letters for
these changes of zone actions. Recently the Planning Department requested inventory surveys
for two of the lots (TMK's 6-2-11:19 and 6-2-11:13) as they went through the change of zone
process. It is now their policy to require these surveys for all change of zone applications. In
both cases my archeologist and your office found that the sites had been extensively altered by
the previous pasturing activities and extensive grading during the development of the subdivision
and you issued "no effect' letters.
By this letter I am requesting that you issue a "no effect letter" for the change of zone requested
for these two properties. I would like to spare the applicants the expense of what I believe to be
an unnecessary survey or assessment and your division the time required to review them.
I am enclosing a subdivision map that indicates the eighteen lots that have been rezoned
previously. In addition other lots have been CPR'd to create the double density on virtually
every lot within this subdivision. I am also enclosing photographs of the subject properties with
a key that indicates where the photographs were taken.
The adjoining subdivision to the east of Anekona Subdivision, which is called Kanehoa
Subdivision, has seen several changes of zone and CPR's as well. I am enclosing a map which
depicts this as well. It might be beneficial for your division and the Planning Department to
make a policy for both of these subdivisions that would reduce your volume of work, spare an
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERSPHAWAII.RR.COM
Marry Anne Maigret
July 30, 2003
Page Three
unnecessary expense for the applicants and still protect any historic sites which might remain on
the property after years of pasturing and the development of the subdivisions and their related
improvements. I would be happy to work with you to help develop a policy for both of these
subdivisions.
Should you require additional information or have any questions, please contact me. I appreciate
your prompt response to this request for a "no effect' letter.
Sincerely,
le llkew�
Greg ry7 Mooers
President
GRM:Jy
Enclosures
Copy: Chris Yuen, Planning Director
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Location/Vicinity Maps
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Change of Zone Exhibit
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
1I ' 1• 0 1 a 1
DATE: April 19, 2004
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief/
Engineering Division
SUBJECT Change of Zone Application (REZ 04-005)
State Land Use Boundary Amendment (SLU 04-002)
Applicant: Nedra Roberts
Location: Ouli, S. Kohala, HI
TMK: 3 / 6-2-11: 010
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.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
EXHIBIT
lJ
Harry Kim
Mayor
Barbara Bell
Director
&1UtlfV of Cttfunit
DEPARTMENT OF ENVIRONMENTAI�MANAGEMENT :i
25 Aupuni Street, Room 208 • Hilo, Hawaii 96720-4252
(808) 961-8083 • Fax (808) 961496
MEMORANDUM
Date March 22, 2004
To CHRISTOPHER YUEN, Planning Di ector
From BARBARA BELL, Director ,
, W
SUBJECT: State Land Use Boundary Amendment Application (SLU 04-002)
Request: Agricultural to Rural
Change of Zone Application ( REZ 04-002)
Request: A -5a to RA -2
Applicant: Nedra Roberts
TMK: 6-2-11:10
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER DIVISION: N/A
( ) No comments
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Other:
SOLID WASTE DIVISION:
( ) No comments
( ;�) Commercial operations may not use transfer stations for disposal.
(g�) Aggregates and any other construction/demolition waste should be reused to its fullest
extent.
( ;k) Ample room should be provided for recycling.
(h,) Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo
transfer stations.
( ) Other:
SWD EXHIBIT 5214
JNTV Or ryY
i 2
Harry Kim -
Mayor
(County of �)abnai`i
FIRE DEPARTMENT
25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720
(808) 961-8297 • Fax (808) 961-8296
March 25, 2004
Darryl J. Oliveira
Fire Chief
Desmond K. Wery
Deputy Fire Chief
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT : STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-002)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION (REZ 04-005)
REQUEST: A -5a TO RA -2
APPLICANT: NEDRA ROBERTS
TAX MAP KEY: 6-2-11:10
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for every building
hereafter constructed when any portion of an exterior wall of the first story is located more than
150 feet from fire department vehicle access as measured by an unobstructed route around
the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief may require additional fire
protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division 3 or Group M Occupancies,
the requirements of this section may be modified, provided, in the opinion of the chief,
fire -fighting or rescue operations would not be impaired.
EXHIBIT
�?3
�W '11
Christopher J. Yuen, Planning Director
Page 2
March 25, 2004
"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.
"o) 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.
"(1) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Christopher J. Yuen, Planning Director
Page 3
March 25, 2004
Water supply shall be in accordance with UFC Section 10.301:
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all premises upon which buildings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There
shall be provided, when required by the chief, on-site fire hydrants and mains capable of
supplying the required fire flow.
'Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other
fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county water
requirements. All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207."
DARRYL OLIVEIRA
Fire Chief
NA:Ik
LINDA LINGLE
GOVERNOR OF HAWAII
April 14, 2004
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
HISTORIC PRESERVATION DIVISION
`- KAKUHIHEWA BUILDING, ROOM 555
601 KAMOKILA BOULEVARD
KAPOLEI, HAWAII 96707
HAWAII HISTORIC PRESERVATION
DIVISION REVIEW
Applicant/Agency:
Address:
Nedra Roberts
P.O. Box 2762
Kamuela, HI 96743
PETER T. YOUNG
CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
DAN DAVIDSON
DEPUTY DIRECTOR - LAND
ERNEST Y.W. LAU
DEPUTY DIRECTOR -WATER
AQUATIC RESOURCES
BOATING AND OCEAN RECREATION
BUREAUOFCONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
LAND
STATE PARKS
LOG NO.: 2004.0938
DOC NO.: 0404JK26
Project: Chapter 6E-42 Review (County) Planning
State Land Use Boundary Amendment Application (SLU 04-002)
Request : Agricultural to Rural
Change of Zone Application (REZ 04-005)
Request: A -5a to RA -2
Applicant: Nedra Roberts
Location: Ouli, South Kohala, Hawai'i Island
Tax Map Key: (3) 6-2-011. 010
1. We believe there are no historic properties present because:
X a. intensive cultivation (cattle grazing) has altered the land
—X—b. residential development /urbanization has altered the land
c. previous grubbing/grading has altered land
d. an acceptable archaeological assessment or inventory survey found no
historic properties
e. other:
2. This project has already gone through the historic preservation review process.
a. mitigation has been completed
b. other:
X Thus, we believe that "no historic properties will be affected by this undertaking.
L. %
Slgned`.,,�� X,r4� �� -���,� Date
,,Jeanne M. Knapp
Department of Land and Natural Resources
EXHIBIT
P
LINDA LINGLE
GOVERNOR
ANTHONY J.H. CHING
• q� EXECUTIVE OFFICER
STATE OF HAWAII
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION 7� c
P.O. Box 2359 -
Honolulu, Hawaii 96804-2359 J
Telephone: 808-587-3822
Fax 808-587-3827 j
April 7, 2004
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen:
Subject: State Land Use Boundary Amendment Application (SLU 04-002)
Request: Agricultural to Rural
Change of Zone Application (RE'.Z 04-005)
Request: A -5a to RA -2
Applicant: Nedra Roberts
TMK: 6-2-11:10
We acknowledge receipt of your March 22, 2004 memorandum regarding the above subject
application and confirm that the subject parcel is designated within the boundary of the State
Land Use Agricultural District.
Given the location, scope, and nature of the proposed activity, the State Land Use Commission
defers to the judgment of the County of Hawaii in this matter. We have no further comments to
offer at this time.
Thank you for the opportunity to comment on the subject project. Please feel free to contact me
at 587-3822 should you require clarification or any further assistance.
Sincerely,
ANTHONY J. 1-1 JIG
�������
Executive Officer
April 12, 2004
Mr. Christopher Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
,"i FfI ,1 rim 1 Cll
MOOERS ENTERPRISES, LLC
P.O. Box 1 10 1
KAMUELA, HAWAII 96743
Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 04-002)
CHANGE OF ZONE REQUEST (REZ 04-005)
PETITIONER: NEDRA ROBERTS
TAX MAP KEY (3) 6-2-011:010
Dear Mr. Yuen:
Your staff has faxed me comments on the applications identified above and asked that I respond.
Department of Environmental Management:
The applicant understands regulations regarding aggregates, the need for commercial operations
to use the landfill and that greenwaste can be disposed of only at drop sites in Hilo and Kailua.
We are unsure what is considered "ample room" for recycling for the proposed two lot
subdivision.
Fire Department:
The applicant will comply with the requirements 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,
A��
Mo
Greg oers
President
GRM:jy
Copy: Department of Environmental Management
Fire Department
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@HAWAII.RR.COM
EXHIBIT
I4.
RRobed 'RIJ doc-3, i 1 01
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
NEDRA ROBERTS
CHANGE OF ZONE APPLICATION (REZ 04-005)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
recommendation based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a Change of/one from an Agricultural (A -5a) to a
Residential and Agricultural -2 acres (RA -2a) zoned district for approximately five acres
of land to subdivide the property into two lots, approximately two acres in size. The
applicant has submitted a concurrent request for a State band Use District Boundary
Amendment from an Agricultural to a Rural district.
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 (A -5a) to a Residential and
Agricultural (RA -2a) zoned district will conform to, among others, the Land Use
(Single Family Residential) and Housing elements of the General Plan:
• Rural -style residential -agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall he encouraged in
appropriate locations.
'I he County shall review and amend if neces.,ary land use ordinances and codes to
include considerations for rural -style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The subject area is designated
Extensive Agricultural. The County is currently conducting a comprehensive review
update of the General Plan. One of the proposed amendments to the LUPAG Map is to
change the designation for the Anekona Estates and Kanehoa Subdivisions and both sides
of Kawaihae Road, from Extensive Agricultural to Rural, which reflects more accurately
the residential -agricultural character of the area. The County Council has previously
approved land use reclassifications in the Anekona Estates, Kanehoa, and Kamuela
Plantations Subdivisions to the State Land Use Rural district and Residential -Agricultural
zoning. From 1998 to present, the County Council approved similar requests for State
Land Use Boundary Amendments from the Agricultural to the Rural districts, and
Change of Zones from Agricultural (A -5a) to Residential and Agricultural (RA -2a) for
nineteen parcels in the Anekona Estates Subdivision.
The subject property was created on October 23, 1990 as one of the original 36
lots in the Anekona Estates Subdivision. Surrounding lands are zoned A -5a and RA -2a
and located within the State's Agricultural and Rural Districts. The adjacent property to
the east, as well as properties to the north, east and west have been reclassified into the
State Land Use Rural District and rezoned Residential -Agricultural (RA -2a). These lands
are in residential uses and/or vacant with minimal agricultural activities.
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 this request be approved, the applicant may normally apply for an Ohana
Dwelling Permit, allowing the construction of a second dwelling unit as a separate or
attached unit on both lots. Because this subject request would allow the existing parcel to
be subdivided and subsequently allow the creation of a second lot, an additional dwelling
-2-
may be constructed, doubling the existing density of the area. Although the Planning
Director supports this rezoning request to allow a two -lot subdivision with one home on
one lot, the potential to allow four (4) homes may contribute to a cumulative burden on
the existing infrastructure which cannot be supported. Therefore, a condition is included
in the change of zone ordinance to prohibit a second dwelling unit and a Condominium
Property Regime on each lot.
The property was previously utilized for pasturing cattle, but is currently not used
for any agricultural activities. The site has been improved with a single-family dwelling.
The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
designates the property as Zone "X", an area determined to be outside of the 500 -year
flood plain. The property slopes from its northern to its southern boundary at a grade
between 5 and 25 percent, with the steepest grades on the southern portion of the site.
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
"B" 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.
Access to the property is from Kanehoa Street, a private roadway with a 50 -foot
right-of-way with 16 feet of asphalt paving and grass swales. Similar change of zones
may occur in the Anekona Estates Subdivision as well as the adjacent Kanehoa
Subdivision, creating home sites and 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 a fair
share contribution towards roads.
The site is serviced by County water. As there is no municipal sewer system in
the area, the applicant would be required to dispose wastewater into a septic tank system
meeting the standards and requirements of the State Department of Health. Underground
electrical, telephone and cable services are available to the site. Police, fire and
emergency facilities are located in Waimea, approximately eight (8) miles east of the
property.
-3-
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 are 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. Because the
property and surrounding areas have been previously grazed by cattle, 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. Presently, there is no evidence of any traditional and customary Native Hawaiian
rights being practiced on the site, nor existence of known valued cultural, historical or
native resources 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.
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka ilina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investi¢ation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
The valuable cultural, historical and natural resources found in the rezoning area:
As the site was formerly used for pasturing, and there is a single-family dwelling on the
property, an archaeological inventory survey of the site was not conducted. By letter
dated February 9, 2004, the applicant has requested a "no effect" letter from the State
Historic Preservation Division. In a memo dated April 14, 2004, the HPD indicated that
"we believe no historic properties are present because intensive cultivation (cattle
grazing) and residential development/urbanization has altered the land; thus, no historic
properties will be affected by this undertaking". A condition will be included to require
the applicant to cease any activities on the site and notify the Planning Department if any
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unanticipated archaeological features or sites are discovered during the course of
improving the site.
Possible adverse effect or impairment of valued resources: The applicant has
stated that the landowner residing on the property as well as surrounding neighbors have
stated that there is no evidence of any traditional and customary Native Hawaiian rights
being practiced on the site, nor existence of any known valued cultural, historical or
native resources in the area. Therefore, to the extent to which traditional and customary
native Hawaiian rights are exercised, the proposed request will not affect traditional
Hawaiian rights, and no action is necessary to protect these rights. The subject property
does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an
issue.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A -5a) to a Residential and Agricultural (RA -2a) zoned district would result in
an appropriate land use pattern that will further benefit the public.
The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Districts
Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the draft
bill.
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CRobertsREZ.doc-4/1 /04
NEDRA ROBERTS
CHANGE OF ZONE APPLICATION (REZ 04-005)
CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant(s), its successors or assigns shall be responsible for complying with
all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
C. Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance.
D. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
E. At the time improvements at the Route 19/Anekona Street or Route 19/Kanehoa
Street intersection are made by the Department of Transportation, the applicant(s),
its successors or assigns shall pay their fair share amount for the required
improvements which will be determined by the Planning Director in consultation
with the Department of Transportation.
F. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
G. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
H. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
I. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
J. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
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STATE O�
[OUNTHMI"Al
A S w VW W
BILL NO.
(PLANNING DEPARTMENT)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A -5a) TO RESIDENTIAL AND AGRICULTURAL (RA -2a) AT OULI,
SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-11:10.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Ouli, South Kohala,
Hawaii, shall be Residential and Agricultural (RA -2a):
Beginning at the Southeasterly comer of this parcel of land, being also the
Southwesterly corner of Lot 11-B of Anekona Estates and being a point on the Northerly
side of Road Lot `B", the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PUU PA" being 11,323.25 feet North and 14,342.86 feet
West and running by azimuths measured clockwise from True South:
730 42' 280.00 feet along the Northerly side of Road Lot
"B" to a point;
2. 1630 42' 743.06 feet along Lot 9 of Anekona Estates and
along the remainder of Royal Patent 2237,
Land Commission Award 8518-B, Apana
to James Young Kanehoa to a point;
3. 2200 16' 10" 257.64 feet along the Southerly side of
Kawaihae-Waimea Road (F.A.P. NRH
11-G) to a point;
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Thence, following along the Southerly side of Kawaihae-Waimea Road (F.A.P.
NRH 11-G) on a curve to the right with a
radius of 686.30 feet, the chord azimuth and
distance being:
4. 2250 25' 55" 123.51 feet to a point;
5. 3460 21' 27" 944.51 feet along Lots 11-A and 11-B ofAnekona
Estates to the point of beginning and
containing an area of 5.832 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
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SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
Hawai `i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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