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COM 0847.000 2002-2004
4a~Nty or N~~' Harry Kim 11; E. Mayor County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 r Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax(808)961-8742 October 19, 2004 o - 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 04-008) Request: Agricultural to Rural Change of Zone Application (REZ 04-020) Request: A-5a to RA-2a Applicant: Arthur & Diane Maher Tax Map Key: 6-2-11:9 The Planning Commission, after a duly held public hearing on October 1, 2004, voted to recommend for your approval the proposed legislative bill to change the State Land Use district from the Agricultural to the Rural District and a change of zone changing the district classification from an Agricultural 5-acre (A-5a) to a Residential and Agricultural 2-acre (RA-2a) district for 5.006 acres of land. The property is located between Kawaihae Road (Highway 19) and Kanehoa Street, approximately 2,050 feet east of the Anekona Street-Kanehoa Street intersection, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The applicants are requesting a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) to subdivide the property into two lots approximately two acres in size. The applicants propose to construct a dwelling on each lot. Q 9~-Qa 3 b 5* 3 to G 7 Comm. No. v 4-7 Ref. To: L Ref. Date 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 A-5a to RA-2a 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-agri cultural uses that are compatible with the Rural designation. The applicants have stated that the 5.006-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. 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 applicants 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 six (6) 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 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 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, the property is vacant, 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 Hawai`i's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawai`i'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. State Land Use Boundary Amendment The applicants are requesting a Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for approximately five acres of land to subdivide the property into two lots approximately two acres in size. The applicants propose to construct a dwelling on each lot. The applicants have 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. The Change of Zone request from A-5a to RA-2a will conform to, among others, the Land Use (Single Family Residential) and Housing elements of the General Plan: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 • 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 A-5a to RA-2a in the Anekona Estates Subdivision. A request for a State Land Use Boundary Amendment from Agricultural to Rural and Change of Zone from A-5a to RA-2a for the adjacent property to the east (TMK: 6-2-011: 010) is pending before the County Council. 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 west, as well as properties to the east, southeast and southwest have been reclassified into the State Land Use Rural District and rezoned 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 applicants 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 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 livestock, but is vacant and currently not used for any agricultural activities. The site has been CPR'd (condominium property regime) into two units. The CPR will be voided once the lots are subdivided. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "Y', 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 applicants 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 six (6) miles east of the property. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately six miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 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 kamaama. 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 June 22, 2004, the applicants have requested a "no effect" letter from the State Historic Preservation Division. In a memo dated August 2, 2004, the HPD indicated that "we believe that no historic properties will be affected by this undertaking because intensive cultivation has altered the land." A condition will be included to require the applicants 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 applicants have 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 property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 Based on the above findings, the approval of the Change of Zone request from an Agricultural 5-acre (A-5a) to a Residential and Agricultural 2-acre (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 Maps H-14 and H-25 for the County of Hawaii and Section 25-8-7 (North and South Kohala Districts Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code are transmitted. We are enclosing a copy of the staff background and recommendation for your information. Sincerel Fre Gald nes, Chairman Planning Commission Lmaher02pc Enclosures cc: Mr. Gregory R. Mooers Arthur & Diane Maher Department of Water Supply Department of Public Works Rodney Haraga/DOT-Highways,Honolulu State Land Use Commission Planning Department - Kona Flawai`i County is an Equal Opportunity Employer and Provider WaherREZ.doc-8/23/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ARTHUR P. AND DIANE M. MAHER STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-008) CHANGE OF ZONE APPLICATION (REZ 04-020) ARTHUR P. AND DIANE M. MAHER have submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.006 acres of land. The property is located between the Kawaihae-Waimea Road and Kanehoa Street, approximately 2,050 feet east of the Anekona Street-Kanehoa Street intersection, Anekona Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-11: 9. APPLICANTS' REQUEST 1. Request: State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A-5a to RA-2a to subdivide the property into two lots approximately two acres in size. One dwelling is proposed to be constructed on each lot. (Exhibit A - State Land Use Boundary Amendment and Change of Zone Applications) 2. Landowners: Arthur P. and Diane M. Maher. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. 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. 5. County Zoning: A-5a. 6. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use Rural District and County RA-2a zoned district. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 8. Special Management Area (SMA): The Special Management Area is a part of the Attach. C-847 (Bills 365 & 366) Coastal Zone Management Program and regulated by the County. The property is located approximately six miles from the nearest coastline and not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is a roughly rectangular approximately 5.006-acre parcel located in the Anekona Estates Subdivision between Kawaihae Road on the north and Kanehoa Street on the south. The site is vacant but has been graded to facilitate its use for pasturing animals. The property is presently CPR'd (condominium property regime) into two units. The CPR will be voided once the lots are subdivided. 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. 10. Anekona Estates Subdivision: The property was created on October 23, 1990 as one of the original 36 lots in the Anekona Estates Subdivision. 11. Adjacent Land Uses: The adjacent property to the immediate west has been reclassified to the State Land Use Rural district and rezoned RA-2a. Lands to the east and south are zoned A-5a. These lands are in residential uses and/or vacant with minimal agricultural activities. 12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural and Rural Districts and in the County's A-5a and 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 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. 13. Previous Approvals: From 1998 to present, the County Council has approved 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. A request for a State Land Use Boundary Amendment from Agricultural to Rural and Change of Zone from A-5a to RA-2a for the adjacent property to the east (TMK: 6-2- 011: 010) is pending before the County Council. (Exhibit B -Map of Anekona Estates Subdivision) -2- 14. ALISH: Unclassified. 15. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor". 16. U.S. Soil Survey: Pun 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. 17. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 18. Flora/Fauna Resources: No formal flora/fauna study was submitted. The site has been grubbed and previously used for pasturing animals. According to the applicants, there is no known or recorded rare or endangered animal or plant life in the area. 19. 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 June 22, 2004, the applicants requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (HPD). In a memo dated August 2, 2004, the HPD indicated that "we believe no historic properties are present because intensive cultivation has altered the land; thus, no historic properties will be affected by this undertaking". 20. 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 customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 21. Public Access: None that traverses the property. PUBLIC UTILITIES AND SERVICES 22. 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. 23. Water: County water is available to the site. 24. Wastewater: 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. 25. 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, -3- approximately six (6) miles east of the property. 26. 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 27. Department of Environmental Management: Exhibit C - July 15, 2004 Memo 28. Department of Water Supply: Exhibit D - August 11, 2004 Memo 29. Fire Department: Exhibit E - July 19, 2004 Memo 30. Department of Land and Natural Resources Historic Preservation Division: Exhibit F - August 2, 2004 Memo 31. Department of Health: Exhibit G - July 30, 2004 Memo APPLICANTS' RESPONSES TO AGENCIES' COMMENTS 32. Exhibit H - August 9, 2004 and August 17, 2004 Letters AGENCIES - NO COMMENTS 33. Police Department, Department of Land and Natural Resources Land Division AGENCIES - NO RESPONSES 34. Department of Public Works, State Land Use Commission, Department of Transportation, Natural Resources Conservation Service PUBLIC COMMENTS 35. None as of this writing. 4 MOOERS ENTERPRISES, LLC P.O. Box 1 101 KAMUELA, HAWAII 96743 efw STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO RURAL CHANGE OF ZONE: AGRICULTURAL 5-ACRE TO RESIDENTIAL-AGRICULTURAL 2-ACRE Tax Map Key: (3) 6-2-11:009 Ouli, South Kohala, Hawaii Applicants: Arthur P. and Diane M. Maher Submitted by: Mooers Enterprises, LLC June 25, 2004 EXHIBIT PHONE: (808) 8856839 FAx: (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII . PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Arthur P. and Diane M. aher PETITIONER'S SIGNATURE TE: 6/za/oa ADDRESS: P.O. Box 413 Paauilo, Hawaii 96776 PETITIONER'S INTEREST IF NOT OWNER: Owners TELEPHONE: (Bus.) (Res.) 776-1802 (Fax) LANDOWNER(S): Arthur P. and Dian . Mah LANDOWNER SIGNATURE( ATE' 6/za/o4 (May a by letter) ADDRESS: P .O. Box 413 Paauilo, Hawaii 96776 TAX MAP KEY: (3) 6-2-011:009 STREET ADDRESS OF PROPERTY: Kanehoa Street ZONING: Agricultural 5-acres (A-5a) SIZE OF PROPERTY: 5.0067 Acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT: Gregory R. Mooers ADDRESS: Mnoers Fntemrises- T.T c P.O. Box 1101 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 R. Mocers COPIES: Arthur P. Maher (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Arthur P. and Diane Mahe / APPLICANT'S SIGNATDATE: 6/24/04 ADDRESS: P.O. Box 413 Paauilo, Hawaii 96776 LIST APPLICANT'S INTEREST IF NOT OWNER: Owners LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.)776-1802 (Fax) LANDOWNER(S): Arthur P. and Dian LANDOWNER SIGNATURE( 4r~ oa•~DATE: 6/24/04 LANDOWNER(S) ADDRESS: P.O. Box 413, P~aaudo, H waii 96776 REQUEST: Agricultural 5-acres (A-5a) Residential-Agricutural 2-acres (RA-2a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-11:009 STREET ADDRESS OF PROPERTY: Kanehoa Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.0067 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 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: Arthur Maher (See Instructions on Reverse Side) 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? 5.0067 b Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? immediate d. Do you intend to build houses on the newly created lots? Yes If y2s, please answer the following questions: On how many of those lots? 2 At what approximate price range? House Lot Total $400,000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one year 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 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. 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-agricultmal lot in the South Kohala district. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8 Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads X C Sewer x d. Drainage x -3- Yes No e. Police Protection x f. Fire Protection x q. Recreational Facilities x h, Public Utilities X I Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature. (~L„Q Address: P.O. Box 413, Paauilo, waii 96776 Telephone: 776-1802 Date: June 24, 2004 -4- TABLE OF CONTENTS Page STATE LAND USE BOUNDARY AMENDMENT APPLICATION CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS i I. GENERAL INFORMATION 2 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 Social-Economic Characteristics 10 Surrounding Lands 1 I 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 B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: 12 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 13 VIII. EXHIBITS A. Request for "No Effect Letter from SHPD B. Location/Vicinity Maps C. Change of Zone Exhibit D. Site Photographs ii BACKGROUND AND COUNTY ENVIRONMENTAL REPORT STATE LAND USE BOUNDARY AMENDMENT: AGRICULTURAL TO RURAL CHANGE OF ZONE: AGRICULTURAL 5-ACRE TO RESIDENTIAL-AGRICULTURAL 2-ACRE Tax Map Key: (3) 6-2-11:009 Ouli, South Kohala, Hawaii Applicants: Arthur P. and Diane M. Maher The applicants, Arthur P. and Diane M. Maher , are 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 5.0067 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) 6-2-011:009 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. The property is presently CPR'd into two units. This Condominium Property Regime (CPR) will be voided once the lots are subdivided. 1 I. GENERAL INFORMATION: Arthur P. Maher and Diane M. Maher, husband and wife, are the fee owners of the subject property. The subject property is Lot 9 of the Anekona Estates Subdivision. II. SUBJECT REOUEST/PROPOSED DEVELOPMENT: A. The applicants are proposing to redistrict a 5.0067 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 is vacant and unused. This site has been used previously and periodically to pasture livestock. The property has previously been graded to facilitate its use for pasturing animals and for subdivision purposes. Please see the site photographs in the exhibits. C. The 5.0067 acre lot is a roughly rectangular shaped lot located between Kanehoa Street on the south and Kawaihae Road on the north. Please see the vicinity maps and rezoning exhibit in the Exhibits. D. Access to the proposed subdivision will be from Kanehoa Street for both of the proposed lots. Kanehoa Street is 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, one 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 lots 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 5.0012 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: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure 3 pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." 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 4 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 • 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. APPLICANTS' 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) 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. 7 G. Mountain Access: The subject property is surrounded by the regional roadway system vacant lands and rural-residential subdivisions. The property is not used for access to the mountains or any mountain feature, therefore no public access to these areas will be impacted by the proposed action. IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING: Physical Characteristics/Environmental Setting: A. The 5.0067 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 350 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 Basic Water Resources Data: Island of Hawaii, published by the Department of Land and Natural Resources. 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 is vacant. The site has been previously used periodically for 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. H. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) has no classification for this property. 8 I. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists 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, Walkoloa 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 Hualalal, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. J. 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 the U.S. Army Corps of Engineers, the property is in Zone "X", an area outside the 500-year flood plain. Historic Resources: Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. The applicant has written a letter to the State Historic Preservation Division requesting a 9 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: 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 buftle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. As previously mentioned, the site has been grubbed and formerly used for pasturing animals. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. Social-Economic Characteristics: Social settlement pattern for the area: Waimea, along with the rest of South Kohala, has undergone significant change over the past two decades as resort development along the South Kohala coastline has grown and the base facilities for astronomy research have been developed in town. This area has been a ranching community for many years, the home of Parker Ranch and many smaller cattle operations. Farmers have settled in the area to grow truck crops for the Big Island and the rest of the state. There are retirees from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii Preparatory Academy has attracted many families with their national reputation as a high- quality college preparatory school. 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 $225,000 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-one 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 I-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 a private 50' wide right-of-way with 16' of asphalt paving and grass swales. 11 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 six miles east of the site in Waimea. F. The nearest fire station is located six 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 (6 miles east) and private schools (3 miles east) provide educational services to the area. VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS A. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long- term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. All important cultural, historical and natural resources will be treated in accordance with agency requirements. 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 an additional lot for residential-agricultural purposes in this desirable area of South Kohala. It would also not increase the real property tax base as the proposed action would. 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. 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 applicants request 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 MOOERS ENTERPRISES, LLC P.O. Box 1 101 KAmuELA, HAWAII 96743 June 22, 2004 Mary Anne Maigret State Historic Preservation Divisions ; 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 Re: Archaeological Clearance TMK: (3) 6-2-011:009 Anekona Subdivision Lalamilo, South Kohala, Hawaii Dear Mary Anne: I am processing a change of zone request for the property identified above which is located in the Anekona 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. A previous archaeologist with your division, Marc Smith, 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 or a "no effect" letter for all change of zone applications. In both cases cited above, 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 this property. I would like to spare the applicant the expense of what I believe to be an unnecessary survey or assessment. 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 property 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 PHONE: (808) 8856839 FAx: (808) 885-1574 EMAIL: GMOOERSOHAWAII.RR.COM Mary Anne Maigret June 22, 2004 Page Three 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 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, Grego . cooers President GRM:Jy Enclosures Copy: Chris Yuen, Planning Director EXHIBIT B LocationNicinity Maps cu cRUE ypRTy u?G'H _ 600 FEE7~ x 0 O u ...R h 30 0 J N ' O Z v W < N W ti J y J KAWAI lFAa ,y~-WAIMEA ROAD 0 a KANEHOA STREET W 2 < V 4 q v HINU PLACE v r 0030 ~o VICINITY MAP SCALE: I INCH = 600 FEET 'ie• - 't' 'I`I'I, { I odge erho - 'ill a Ee t p02 t{: ain I 1 a . ^,1 r' ~S \ 9e1~\e I ~ 1999 h I , FU T O . ilI a e ~ 9 { III V Mor i 31r r1s ~ A• i / 99 19 ' ford" t , a i 3 9~ 1~ a _ ) p 4 ` Delme e i a ` W i a~ 1 \ Y ~ 20031 L Mar ' ~ a g 9, F , Pe 1', f +200 I r i tf o 200" Togley Koste , 200 I \ \ 3 Yi Ii a EXHIBIT C Change of Zone Exhibit p I¢ I I ~ j, , ~ r cil 133&I5 VOH3NVF €e a Ffi as c ; ~ o i = ti ~ a `o k 2Q o•, Y'= W 32 i 1 E ~ 2Y CQ E2I _ ~ ~ Q o p aco 6y ~ ~ ~ ~ m°t oU P Ci ri - M _ =q- H • oG • q: ~ g'f o t'. ..--'WpME^ 80'0 N'WpIH~'v~ppH ~1~~ EXHIBIT D Site Photographs -10 ' r K View of lot from Kanehoa Street looking north. View of lot from Kanehoa Street looking northwest. lO i a. A t II a j~ 4: Si to i „ lit t 9. 4` ii y f ~ ~ wi V. ~L 4 oft 9 6 ~ 1 J a ? W 0 \ ~ , 1 ® eA `9 1- 1 f V : wr L.i: W 1 u cn ® W © ~a ~ Y ~ y~ Y Y Ik t ~ w ~W 2 j ! +r i S Y i• i a ? «tp 9,\ t7 f •s~ r ~ N r! - i Y N t 1 '~s , LL. ~;p , •~jj i s a Y!f ~ ~ yi O A 1 r 7 Iii it\ `'A, i. + i O „e t s rL b f i pr e 9 ~ u• I 1 1 • Harry Kim Barbara Bell Mayor Director Nelson Ho C Deputy Director tbL unful of Ptlfunii ' 01) DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date July 15, 2004 To CHRISTOPHER YUEN, Planning Director From BARBARA BELL, Director /J P SUBJECT: State Land Use Boundary Amendment Application (SLU 04-008) Request: Agricultural to Rural Change of Zone Application (REZ 04-020) Applicant: Arthur & Diane Maher TMK: 6-2-11:9 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. Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( Ample room should be provided for recycling. 4 Greenwaste may be disposed of at the drop sites located at the Kailua and Hilo transfer stations. ( ) Other: cc: SWD 6016 Hawat 'i County is on equal opportunity provider and employer. il~.gln Al EI MI /fI tl` Iy^I I! Ii DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII ~efelwplt.3' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-80'5p: AX 8 8) 961-8657 I NF.~ { rr~ 1 07 August 11, 2004 F' I TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-008) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 04-020) REQUEST: A-5A TO RA-2A APPLICANTS - ARTHUR AND DIANE MAHER TAX MAP KEY 6-2-011:009 We have reviewed the proposed State Land Use Boundary Amendment and Change of Zone applications and have the following comment and condition. Inasmuch as the subject parcel has two 1-inch service laterals for 5/8-inch meters, we have no objection to this application for a 2-lot subdivision. However, each of the meters shall front the proposed parcel they are to serve; and after each meter, a reduced pressure backflow preventer shall be installed. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, Milt . Pavao, P.E. M ge SHK:sco EXHIBIT copy - Mr. Gregory R. Mooers D Mr. Arthur P. Maher I / / Tu'ter l'rifilyi procgreJS... 057646 The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights. Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DO 20250-9410. Or call (202) 720-5964 (voice and TDD) r.r or,,yK mod? y ~ :ate Harry Kim - Darryl J. Oliveira Mayor Fire Chief :y "jI Desmond K. Wery Deputy Fire Chief Countp of 21"abiai`i FIRE DEPARTMENT 25 Aupuni Street a Suite 103 a Hilo, Hawaii 96720 (808) 961-8297 a Fax(808)961-8296 July 19, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-008) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 04-020) REQUEST: A-5a TO RA-2a APPLICANT: ARTHUR & DIANE MAHER TAX MAP KEY: 6-2-11:9 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "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. EXHIBIT = P"°°°yt 1.3 Hawaii County is an Equal Opportunity Provider and Employer. Christopher J. Yuen, Planning Director Page 2 July 19, 2004 "(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. "Q) 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" 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." Qom" ARR OLIVEIRA ire Ch of NA:lk e _F A. LINDA LINGLE AF RETERNG e CHAIRPERSON NAGOVERNOR ERNOR OFF 14A HAWAII BOARDOF ANDR RESOURCES COMMISSION ON WAND WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR - LAND TI?14 ,nd awERNEST Y.W. LAU DEPUTY DIRECTOR - WATER ACUATIC RESWRCES BOATING AND OCEAN RECREATION STATE OF HAWAII BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT DEPARTMENT; OF LAND AND NATURAL RESOURCES CONSERVATION ANDROURCESENFORCENENT ENGINEERING ~roDrwN ` HISTORIC PRESERVATION DIVISION FORESTRYANDWILDLIFE AUgUSt 2, 2004 KAKUHIHEWA BUILDING. ROOM 555 NAHOO HISTORIC PRESERVATION IAWEISLWDRESERVECOMMISSION 601 KAMOKILA BOULEVARD uqD STATE PARq$ KAPOLEI. HAWAII 96707 HAWAI'l HISTORIC PRESERVATION LOG NO. 2004.2268 DIVISION REVIEW DOC NO: 0407JK32 Applicant/Agency: Arthur & Diane Maher Address: P.O. Box 413 Paauilo, HI 96776 Project: Chapter 6E-42 Review (County) Planning (SLU 04-008) Request Agricultural to Rural Change of Zone Application (REZ 04-020) Request: A-5a to RA-2a Applicant: Arthur & Diane Maher Location: Ouli, South Kohala, Hawai'i Island Tax Map Key: (3) 6-2-11 :009 1. We believe there are no historic properties present because: X -a. intensive cultivation has altered the land 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. Y 1/ Signed.-.". a.r.- Date ,'Historic Preservation Division* ona r' Jeanne M. Knapp Cc. Chris Yuen, Hawai'i County Planning Department Kai Emler, Hawaii County Department of Public Works EXHIBIT s aW F a "er > ~ i LINDA LINGLE GOVERNOR i CHIYOME L. FUKINO, M.D. OiRECTOR OF ME1L11 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: July 30, 2004 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno A-4 District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 04-008) Request: Agricultural to Rural Change of Zone Application (REZ 04-020) Request: A-5a to RA-2A Applicant: Arthur & Diane Maher Tax Map Key: 6-2-11:9 The Army Corps of Engineers should be contacted at (808) 438-9258 to identify whether a Federal license or permit (including a Department of Army permit) is required for this project. Pursuant to Section 401(a)(1) of the Federal Water Pollution Act (commonly known as the "Clean Water Act'), a Section 401 Water Quality Certification is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...." A National Pollutant Discharge Elimination System (NPDES) general permit coverage is required for the following activities: a. Storm water associated with industrial activities, as define in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi); EXHIBIT 0~ C, Christopher J. Yuen Page 2 July 30, 2004 b. Construction activities, including clearing, grading, and excavations, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. C. Discharge of treated effluent from leaking underground storage tank remedial activities; d. Discharge of once through cooling water less than one (1) million gallons per day; e. Discharge of hydrotesting water; f. Discharge of construction dewatering effluent; g. Discharge of treated effluent from petroleum bulk stations and terminals; h. Discharge of treated effluent from well drilling activities; i. Discharge of treated effluent from recycled water distribution systems; j. Discharges of storm water from a small municipal separate storm sewer system; and k. Discharge of circulation water from decorative ponds or tanks. The Clean Water Branch (CWB) requires that a Notice of Intent (NOI) to be covered by a NPDES general permit for any of the above activities be submitted at least 30 days before the commencement of the respective activities. The NOI forms may be picked up at our office or downloaded from our website at http://www.state.hi.us/doh/eh/cwb/forms/genl-index.html. The applicant may be required to apply for an individual NPDES permit if there is any type of activity in which wastewater is discharged from the project into State waters and/or coverage of the discharge(s) under the NPDES general permit(s) is not permissible. An application for the NPDES permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from website at htti)://Www.state.hi.us/doh/eh/cwb/forms/indiv-index.html. Hawaii Administrative Rules, Section 11-55-38, also requires the owner to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD) or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. Please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. If you have any questions, please contact the CWB at 586-4309. W ORD:SLU04-008REZ04-020.my MOOERS ENTERPRISES, LLC P.O. BOX 1 101 KAM UELA, HAWAII 96743 1 11 r~ August 9, 2004 Mr. Christopher Yuen Director, Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 04-008) CHANGE OF ZONE REQUEST (REZ 04-020) PETITIONERS: ARTHUR AND DIANE MAHER TAX MAP KEY (3) 6-2-011:009 Dear Mr Yuen: Your staff has faxed me comments from various agencies and has asked that I respond. Historic Preservation Division: The applicants agree with DLNR-SHPD's determination of "no-effect". Department of Health: The applicants will comply with the provisions of the NPDES regulations. Department of Environmental Management: The applicants will comply with all regulations related to solid waste. Fire Department: The applicants will comply with all provisions of the Fire Code. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Since ely, Greg . Mooers President GRM'y EXHIBIT enclosures 'L n f _ w PHONE: (808) 885-6839 FAX: (808) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM MOOERS ENTERPRISES, LLC P.O. BOX 1 101 J KAMUELA, HAWAII 96743 August 17, 2004 Mr. Christopher Yuen Director Planning Department County of Hawaii - 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: STATE LAND USE BOUNDARY AMENDMENT (SLU 04-008) CHANGE OF ZONE REQUEST (REZ 04-020) PETITIONERS: ARTHUR AND DIANE MAHER TAX MAP KEY (3) 6-2-011:009 Dear Mr. Yuen: Your staff has faxed me comments from various agencies and has asked that I respond. Department of Water Supply: The applicants agree with.DWS conclusion that the lot is served by two meters and no additional work is required to provide water service to the two proposed lots. Department of Health: The applicants will comply with the provisions of the NPDES regulations. 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, 4 R# - Greg . Mooers President GRM:jy PHONE: (808) 885-6839 057908 FAX: (806) 885-1574 EMAIL: GMOOERS@HAWAII.RR.COM WaherREZ.doc-8/23/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ARTHUR P. AND DIANE M. MAHER CHANGE OF ZONE APPLICATION (REZ 04-020) 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 applicants are requesting a Change of Zone from Agricultural 5-acre (A-5a) to Residential and Agricultural 2-acre (RA-2a) for approximately five acres of land to subdivide the property into two lots approximately two acres in size. The applicants propose to construct a dwelling on each lot. The applicants have 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. The Change of Zone request from A-5a to RA-2a 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. -t- • 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 A-5a to RA-2a in the Anekona Estates Subdivision. A request for a State Land Use Boundary Amendment from Agricultural to Rural and Change of Zone from A-5a to RA-2a for the adjacent property to the east (TMK: 6-2-011: 010) is pending before the County Council. 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 west, as well as properties to the east, southeast and southwest have been reclassified into the State Land Use Rural District and rezoned 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 applicants may normally apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a -2- 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 livestock, but is vacant and currently not used for any agricultural activities. The site has been CPR'd (condominium property regime) into two units. The CPR will be voided once the lots are subdivided. 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 applicants would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. Underground -3- electrical, telephone and cable services are available to the site. Police, fire and emergency facilities are located in Waimea, approximately six (6) miles east of the property. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located approximately six miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There 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 terns 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 June 22, 2004, the applicants have requested a "no effect" letter from the State Historic Preservation Division. In a memo dated August 2, 2004, the HPD indicated that "we believe that no historic properties will be affected by this undertaking because -4- intensive cultivation has altered the land." A condition will be included to require the applicants 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 applicants have 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 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 5-acre (A-5a) to a Residential and Agricultural 2-acre (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. -5- CMaherREZ.doc-8@3/04 ARTHUR P. AND DIANE M. MAHER CHANGE OF ZONE APPLICATION (REZ 04-020) 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. No access to the property shall be allowed to and from Kawaihae Road (Highway 19). F. At the time improvements at the Kawaihae Road - Anekona Street or Kawaihae Road - Kanehoa Street intersection are made by the State 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. G. 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. H. The applicant(s) shall comply with all applicable laws, rules, regulations and requirements of affected agencies. 1. 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. J. 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). 5. 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. 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. -2- BILL NO. _ (PLANNING DEPARTMENT) ENT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICTS 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 6-2-11:9. 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 Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 8-13 of Anekona Estates and being a point on the Southerly side of Kawaihae-Waimea Road (F.A.P. NRH 11-C), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 11,747.05 feet North and 15,100.97 feet West and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 249° 44' 09" following along the Southerly side of Kawaihae-Waimea Road (F.A.P. NRH 11-C) on a curve to the left with a radius of 603.00 feet, the chord azimuth and distance being: 1. 235° 00' 09.5" 306.71 feet to a point; 2. 220° 16' 10" 45.75 feet along the Southerly side of Kawaihae-Waimea Road (F.A.P. NRH 1 I-C) to a point; -1- 3. 343° 42' 743.06 feet along Lot 10 ofAnekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-13, Apana 1 to James Young Kanehoa to a point; 4. 73° 42' 328.70 feet along the Northerly side of Kanehoa Street to a point; 5. 163° 42' 619.54 feet along Lot 8-B of Anekona Estates and along the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana I to James Young Kanehoa to the point of beginning and containing an area of 5.0067 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 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. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-40a N W \ A-40a k A-Sa ~ RA`2a dQ~a A-3a 11,74205 N RA-2a 15,100.97 W VUU PA "A A-5a O~ A-5a A- a A-40a a Op O $l, A-5a a~ r A-3a RA-2a ~a RA-2a RA-1a R a A-3a \ A-5a A -5a RA-2a A-2a A-5a RA-2a A-Sa / A-5a R a A-5a RA- a R 2a R a o~ A-5a - 1- A-5a -1? -2a A A-5a ry~/'' R 2a A -5a ka RA 00 A -5a 2a A-2a A75a A-5a A-5a RA-1a AGRICULTURAL (A-5a) TO RESIDENTIAL AND AGRICULTURAL RA-2a A 5.0067 Acs. A-5a A-5a 950 475 0 550 1800 2BW 3,800 a7W Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-7 (NORTH & 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 PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 6-2-011009 Date: July 13, 2004 EXHIBIT "A" (Arthur P. and Diane M. Maher:1145)