HomeMy WebLinkAboutCOM 0008.000 2004-2006 MtV OrN V
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Harry Kim 6th Dixie Kaetsu
Mnyar r ~ Mnnrtging Direcor
Peter L. Hendricks
R~oi'e~'~~ ~ Deputy Mnnnging Director
i
COUNTY OF HAWAII t
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 461-6553
KONA: 75-5706 Kuakini Highway, Suire 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
November 16, 2004
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:
Change of Zone Application (REZ 04-023)
Applicant: Fay Machielse/Mark Dziatko
Request: Open to FA-2a
Tax Map Key: 1-4-73:1
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith
for the County Council's consideration and action is the Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
Harry Kim
4( Mayor
Enclosures
cc: Planning Department
<6~-2a7
Hawai `i County is an Egual Opportunity Employer and Provider
Comm. No.____~~
Ref. To:---~~ T
Ref. Vate ~ Iy~~
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Harry Kim ~~~"-.,..'~y
Mayor
~•w•M'~
County of Hawaii
November 15, 2004 PLANNING COMMISSION
101 Pauahi Street, Suite 3 Hilo, Hawai `i 96720
(808) 961-8288 • Fax (80S) 961-8742
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 04-023)
Applicant: Fay Machielse/Mazk Dziatko
Request: Open to FA-2a
Tax Map Key: 1-4-73:1
The Planning Commission, after a duly held public hearing on October 22, 2004, voted to
recommend for your approval the proposed legislative bill to change the district classification
from an Open (O) to a Family Agricultural 2-acre (FA-2a) district for approximately 4.861 acres
of land. The property is located at the eastern end of Ililani Road and approximately 0.6 mile
from the Ililani Road-Kapoho Beach Lots Road intersection, Vacationland Hawaii Subdivision,
Unit R, Kapoho, Puna, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicants are requesting a change of zone from Open (O) to Family
Agricultural 2-acre (FA-2a) to construct atwo-bedroom dwelling for their principal
residence on approximately one acre of the 4.861-acre site, and plant a small non-
commercial orchazd. Cost of construction is estimated at approximately $60,000. There
are no plans to subdivide at this time.
In order to consider an azea for any type of zoning designation, the applicable
goals, policies and standazds of the Genera] Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The Change of Zone request from Open (O) to Family Agricultural 2-acre (FA-2a)
conforms to the goals, policies and standards of the General Plan Economic and Land Use
Elements. The General Plan is intended to be used as a policy guide for the coordinated
growth and development of all sectors of the County. The overall goals, policies and
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents. Land Use is one of the principal focal points of public concern and
policy. The Land Use Element provides the primary basis for direct control and guidance
of publicly and privately owned resources.
The requested change of zone conforms to the General Plan Land Use Pattern
Allocation Guide (LUPAG) Map. The Land Use Pattem 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 azeas within the County. The
property is designated Orchazds, which includes agricultural lands though rocky in
character and content support productive macadamia nuts, papaya, citms and other
similar agricultural products. The applicants propose to plant a small non-commercial
orchard on the site.
The subject parcel was created in 1963 as one of 83 - 5+ acre lots with the intent
that it would be used for agricultural purposes. The Open zoning designation was
adopted in 1967 in conformance with the newly-adopted State Land Use Conservation
District designation (1964). The State Land Use Boundary lines were drawn using the
Halekamahina land division as the dividing line without consideration of the subdivision.
As a result, this and several other parcels were placed in the Open zoned district for
consistency. In 1971, the State Land Use Commission approved Vacationland
Associates' request to amend the State Land Use boundary from Conservation to
Agricultural. It was determined that the boundary amendment to an agricultural district
would result in a more appropriate land use, that no significant Conservation
chazacteristics were inherent, and the subject lands could be removed and justifiably
placed within the State Land Use Agricultural district.
The U.S. Soil Survey classifies the soils as Malama Extremely Stony Muck
(rMAD). These soils consist ofwell-drained, thin, extremely stony organic soils over A'a
lava and is used primarily for woodland, pasture and orchazds. The ALISH system
identifies soils within the property as "Other Important Agricultural Land". However, the
Land Study Bureau's soil rating is "E" or "Very Poor" for agricultural productivity.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The proposed rezoning would bring the property into conformance with the
existing Agricultural zoned properties within the Vacationland Hawaii Subdivision. As
the existing Open zoning designation applies to azeas that contribute to the general
welfare, the full enjoyment or the economic well-being of open land type uses, the
applicants would be prohibited from constructing a dwelling with the present zoning.
The granting of the proposed use will not adversely affect similaz or related
existing uses within the surrounding area, community or region. The property is a vacant,
approximately 4.861-acre parcel located in the Vacationland Hawaii Subdivision
Increment II. Adjacent properties to the north aze zoned Open, and properties to the east
are zoned Open and Single-Family Residential 10,000 square feet (RS-10). The adjacent
property to the south is zoned A-Sa and the property to the southwest across Ililani Street
is zoned FA-2a. To the south and southwest aze Vacationland Hawaii II lots zoned A-la
and approximately 5 acres in size. Further south lies Vacationland Hawaii I with lots
zoned RS-10 ranging approximately 8,000-9,000 squaze feet in size. The Kapoho Beach
Lots subdivision to the southeast is zoned RS-10. Surrounding uses include scattered
residences and agricultural activity. Previous rezonings in the area include:
• TMK: 1-4-73: 018, Ordinance No. 99 83 effective July 16, 1999 for a change of
zone from Open and A-la to FA-2a. The pazcel is located directly southwest of
the site across Ililani Street.
• TMK: 1-4-73: 027, Ordinance No. Ol 41 effective May 1, 2001 for a change of
zone from Open and A-1 a to FA-2a. The parcel is located southwest of the
subject site.
• TMK: 1-4-73: 002, Ordinance No. 91 110 effective October 24, 1994, for a
change of zone from Open to A-Sa. The parcel is located adjacent to the site to
the south/southeast.
• TMK: 1-4-73: 003, Ordinance No. 03 24 effective February 20, 2003 for a change
of zone from Open and A-1 a to A-Sa. The parcel is located two lots south of the
subject site.
A favorable recommendation of this change of zone request will be consistent
with the surrounding land use pattern already established within this subdivision.
The proposed change of zone will not unreasonably burden public agencies to
provide roads and streets, sewer, water, drainage, schools, police and fire protection, and
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
other related infrastructure. Primary access to the site is from Kapoho Beach Road, a
private road with an approximate pavement width of 20 feet, to Ililani Road, a private 12-
foot wide unpaved red cinder road. The distance from the intersection of Kapoho Beach
Road to the property is approximately six-tenths of a mile. Of that distance, one-tenth is
paved and five-tenth is cinder. According to the Depaztment of Water Supply, this pazcel
has an existing service lateral fora 5/8-inch meter. The applicants aze requesting a
zoning designation of Family Agricultural (FA-2a), which would allow further
subdivision of this 4.861- acre lot. Should the applicants decide to subdivide the property
in the future, they will be required to provide the lots with a water system meeting with
the approval of the Department of Water Supply prior to securing Final Subdivision
Approval. Wastewater generated by the proposed development will be disposed of
utilizing an individual wastewater disposal system for each lot meeting the requirements
of the Department of Health. All other essential utilities and services aze or will be made
available to support the proposed rezoning.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to
Coastal Zone Management. The property is not located in the Special Management Area.
The project site does not abut the shoreline and will not be impacted by coastal hazard
and beach erosion. There is no record of a designated public access to the shoreline or
mountain areas that traverses the property. According to the applicants, no valued
cultural, historical or natural resources exist on the property and there is no evidence of
any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it
is not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
By letter dated December 1, 2003, the applicants have requested a "no effect"
letter from the State Department of Land and Natural Resources Historic Preservation
Division (SHPD). No comments were received from the Historic Preservation Division
as of this writing. According to the applicants, the property contains no documented
archaeological, cultural, or historical sites on the National Register or the Hawaii
Register. No formal flora/fauna study was submitted. The applicants have stated that
"there is a general covering of Ohia trees, Autograph trees, ferns and shrubs on the site."
The property is overgrown with vegetation, including Christmasberry, Plumeria, Hala,
Banana, Wild Orchid, Monsteria and Noni.
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 tenns of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
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:
No formal studies were conducted of the site. However, the applicants have stated that
no valued cultural, historical or natural resources exist on the property and there is no
evidence of any traditional and customazy Native Hawaiian rights being practiced on the
site.
Possible adverse effect or impairment of valued resources: Native plants could be
destroyed by construction and ground alteration. The subject property does not abut the
shoreline, therefore Hawaiian gathering and fishing rights is not an issue.
Feasible actions to protect native Hawaiian ri ts: Conditions of approval will be
included to require the applicants to notify the Department of Land and Natural
Resources -Historic Preservation Division (DLNR-HPD) should any unidentified sites or
remains be encountered, and proceed only upon an azchaeological clearance from the
DLNR-HPD. The applicants have stated that there is no evidence of any traditional and
customazy Native Hawaiians rights being practiced on the site, nor existence of any
known valued cultural, historical or native resources in the azea. Thus, it is believed that
the project would have no adverse impact relative to the cultural and historical resources
of the area. To the extent to which traditional and customazy Native Hawaiian rights are
exercised, the proposed action will not affect traditional Hawaiian rights and no action is
necessary to protect these rights.
For your favorable consideration, an amendment to Section 25-8-22 (Puna District Zone Map), of
the County Zoning Code is transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerel
Fred Galdones, Chairman
Planning Commission
L.PC
Enclosures
cc: Fay Machielse/Mazk Dziatko
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources-HPD/Kona
Rodney Hazaga, Director/DOT-Highways, Honolulu
Hawai' i County is an Equal OpportuniTy Employer and Provider
BMachiclseRBZ.. doc-10/ 13/04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
FAY MACHIELSE AND MARK DZIATKO
CHANGE OF ZONE APPLICATION (REZ 04-0231
FAY MACHIELSE AND MARK DZIATKO have submitted an application for a
Change of Zone from Open (O) to Family Agricultural 2-acre (FA-2a) for approximately 4.861
acres of land. The property is located at the eastern end of Ililani Road and approximately .6
mile from the Ililani Road-Kapoho Beach Lots Road intersection, Vacationland Hawaii
Subdivision, Unit II, Kapoho, Puna, Hawaii, TMK: 1-4-73: 001.
APPLICANT'S REQUEST
1. Request: The applicants are requesting a Family Agricultural 2-acre (FA-2a) zoned
designation to constmct atwo-bedroom dwelling for their principal residence on
approximately one acre of the site, and plant a small non-commercial orchard. Cost of
construction is estimated at approximately $60,000. There are no plans to subdivide the
property at this time. (Exhibit A -Change of Zone application)
2. Landowners: Fay Machielse and Mazk Dziatko.
STATE AND COUNTY PLANS
3. SLU: Agricultural. Prior to 197], this and several other properties within the
Vacationland Hawaii Subdivision were designated Conservation. The State Land Use
Boundaries were designated in 1964 after the Vacationland Subdivision (1962 and 1963)
was established. At that time, the subject property was split between the State Land Use
Agricultural and Conservation District as were several other lots along the northern
comer of the Vacationland Hawaii II subdivision. The State Land Use Boundary lines
were drawn using the Halekamahina land division as a dividing line without
consideration of the subdivision. Because of the Conservation designation, when the
Zoning Code was implemented in 1967, these pazcels were placed in the Open zoned
district for consistency. However, in 1970, Vacationland Associates applied for a State
Land Use Boundary Amendment with the State Land Use Commission to reclassify these
parcels (or portions) from Conservation to Agricultural to be consistent with the
Attach: Comm. 8 (Bill 2)
remainder of the subdivision. A majority of the subdivision was within the State Land
Use Agricultural district with an Agricultural (A-la) zoning. The State Land Use
Commission approved the request on February 26, 1971 as no significant Conservation
characteristics were inherent, the area was contiguous to existing Agricultural District and
it was justifiable to remove the split designation on the properties within the subdivision.
The County Zoning, however, remained Open and was not changed at that time.
4. GP LUPAG Map: Orchards.
5. Zoning: Open (O). This zoning designation was imposed in 1967 to conform to the
State Land Use Conservation District designation, of which the pazcel fell into at that
time. The Open zoned district does not allow dwellings on the property. The requested
Family Agricultural 2-acre (FA-2a) zoning designation would allow the applicants to
construct a farm dwelling on the site.
6. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone
Management Area.
7. SMA: The Special Management Area is a part of the Coastal Zone Management
Program and regulated by the County. The property is not situated within the Special
Management Area (SMA).
8. Vacationland Hawaii Subdivision: This subdivision was created in two increments.
Increment I secured final subdivision on May 29, 1962 for 2l 8 lots approximately 8,000+
square feet in size, that aze presently zoned RS-10. Increment II was approved on
December 19, 1963 for 83 lots approximately 5+ acres in size, with a majority of the lots
zoned A-1 a. The pazcel is a part of Increment II, which was created before the State
Land Use Boundaries were established.
9. Previous rezonings in the azea:
• TMK: 1-4-73: 018, Ordinance No. 99 83 effective July 16, 1999 for a change of zone
from Open and A-1 a to FA-2a. The pazcel is located directly southwest of the site
across Milani Street.
• TMK: 1-4-73: 027, Ordinance No. 0] 41 effective May 1, 2001 for a change of zone
from Open and A-1 a to FA-2a. The pazcel is located southwest of the subject site.
-2-
• TMK: 1-4-73: 002, Ordinance No. 91 110 effective October 24, 1994, for a change of
zone from Open to A-Sa. The parcel is located adjacent to the site to the
south/southeast.
• TMK: 1-4-73: 003, Ordinance No. 03 24 effective Februazy 20, 2003 for a change of
zone from Open and A-la to A-Sa. The parcel is located two lots south of the subject
site.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
10. Subject Property: The property is a vacant, rectangular-shaped pazcel located at the
eastern end of Ililani Road within the Vacationland Hawaii II Subdivision.
11. Surrounding Zoning and Land Uses: Adjacent properties to the north are zoned Open,
and properties to the east are zoned Open and Single-Family Residential 10,000 square
feet (RS-10). The adjacent property to the south is zoned A-5a and the property to the
southwest across Ililani Street is zoned FA-2a. To the south and southwest are the
Vacationland Hawaii II lots zoned A-la and approximately 5 acres in size. Further south
lies Vacationland Hawaii I with lots zoned RS-10 ranging approximately 8,000-9,000
squaze feet in size. The Kapoho Beach Lots subdivision to the southeast is zoned RS-10.
Surrounding uses include scattered residences and agricultural activity.
12. U.S. Soil Survey: Malama extremely stony muck (rMAD), 6 to 20 percent slopes. This
soil consists ofwell-drained, thin, extremely stony organic soils over A'a lava.
Permeability is rapid, runoff is very slow and the erosion hazard is slight. This soil is
used for woodland, pasture and orchazds.
13. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
14. ALISH: "Other Important Agricultural Land", which includes lands other than Prime or
Unique agricultural land that is also of statewide or local importance for agricultural uses.
15. FIRM: Zone "X", azeas determined to be outside the 500-year flood plain.
16. Lava Flow Hazard Zone: Zone 1. The U.S Geological survey has categorized the
island into nine zones of compazative hazard rates from lava flows, with Zone 1 being the
highest and Zone 9 being in t he lowest severity of hazazd. Zone 1 includes the summits
and rift zones of Kilauea and Mauna Loa where vents have been repeatedly active in
-3-
historic time.
17. Flora/Fauna Resources: No formal flora/fauna study was submitted. The applicants
have stated that "there is a general covering of Ohia trees, Autograph trees, ferns and
shrubs on the site." The property is overgrown with vegetation, including
Christmasberry, Plumeria, Hala, Banana, Wild Orchid, Monsteria and Noni.
18. Archaeological Resources: No formal archaeological study was submitted. By letter
dated December 1, 2003, the applicants requested a "no effect" letter from the State
Department of Land and Natural Resources Historic Preservation Division (HPD).
According to the applicants, there are no documented archaeological, cultural, or historic
sites on the National Register or the Hawaii Register on the property.
19. Cultural or Native Gathering Rights: According to the applicants, there are no
traditional or customary native Hawaiian rights being exercised in the area.
20. Public Access: None that traverses the property.
PUBLIC SERVICES AND FACILITIES
21. Access: Access to the property is from Kapoho Beach Road, a private road with an
approximate pavement width of 20 feet. The property is the last pazcel on the right
(northeastern) side of Ililani Road, a private 12-foot wide unpaved red cinder road. The
distance from the intersection of Kapoho Beach Road to the property is approximately
six-tenths of a mile. Of that distance, one-tenth is paved and five-tenth is cinder.
22. Water: According to the Department of Water Supply, this pazcel has an existing service
lateral fora 5/8 inch meter.
23. Wastewater: Septic system.
24. Other Essential Utilities and Services: Al] essential utilities and services are available
to the site.
AGENCIES' COMMENTS
25. Department of Environmental Management: Exhibit 2 -September 2, 2004 Meroo
26. Department of Water Supply: Exhibit 3 -October 7, 2004 Memo
27. Department of Health: Exhibit 4 -September 17, 2004 Memo
-4-
AGENCIES - NO COMMENTS
28. Police Department, Fire Department
AGENCIES - NO RESPONSE
29. Department of Public Works, Civil Defense Agency, DLNR Land and Historic
Preservation Division, Natural Resources Conservation Service
APPLICANTS' REPONSE TO AGENCIES' COMMENTS
30. Exhibit 5 -Letter from applicants received on September 28, 2004
PUBLIC COMMENTS
31. Note from Patricia Munich contained within the application.
-5-
CHANGE OF ZONE APPLICATION
COUNTY OF AAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: E O-
APPLICANT'S SIGNA DAT2?T~Q~~
ADDRESS: _ 1'
~/i~'lY9Q Tl~
q in-~z ~
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAINyyOFFICERS:_I~_~G~
PHONE:(Bus.) (Res.)`TT2=$5th (Fax)
LANDOWNER(S):
LANDOWNER SIGNATURES . DATESp~t _
(Ma be b le )
LANDOWNER(S)ADDRESS:_~ t'>.~"5)C ~ln~
~i
~PYx Cl'to'7`7f~
REQUEST: f~T~~JrI TO ~~21~
(Eanshng zoning) (Proposed Zoning)
TAX MAP KEY: t ~ ~-1- X73 ~
STREET ADDRESS OF PROPERTY:, ~ f1~~f1P1(A ~ l'1
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: "`t.!'S ~p' T_K` rr~ g
AGENT: ~
ADDRESS:
TELEPHONE:(Bus.) (Res.) (Fax)
Please indicate to whom origin-~al~correspondence and copies should be sent.
ORIGINAL: (Y1~(J COPIES:
' EXHIBIT
(See Instructions on Reverse Side) ~
S
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? /1,'~_
If yes, please answer the rest of question I and then to question 3. -c
a. How many acres of the requested area do you intend to subdivide?
b. Into what lot sizes?
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?
d. Do you intend to build houses on the newly created lots?
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form.
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? r ~
e. Other (please state) ~.C~
P.D. 2 5/84
r
f. If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also, include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation?
How?
4. Are there any buildings on the subject area? O
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
5. Is the subject land currently being used for any agricultural activity?
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural _LJCI~
lots?
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitablility of the proposed lot-size for that commodity?
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the 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?
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs _.LJ!SL
improvements?
If so, what kind?
Is the road adequate for the proposed traffic volume or load? ~~S
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
b. Roads
c. Sewer V
d. Drainage v
-3-
Yes No
e. Police Protection
f. Fire Protection
g. Recreational Facilities rj
h. Public Utilities ~
i. Other
For those checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature
Address: ~~~~.3
Telephone: 9~~~~3
Date: /,~~/if~
-4-
BACKGROUND AND COUNTY ENVIROMENTAL REPORT
For reclassification from'OPEN' to `FAMILY AGRICULTURAL - 2A'
Petitioner: Fay Machielse & Mark Dziatko
Tax Map Key (3) 1-4-73-01
A. SUBJECT REQUEST:
a) We, Fay Machielse & Mark Dziatko, aze requesting a rezoning of the property,
(that we are buying, closing date, Sept 5 2003), from the present designation of "open" to
"Family Agricultural" or "FA-2a". This property is lot number 59 ofthe
VACATIONLAND HAWAII UNIT II map, as on file with the Bureau of Conveyances
of the State of Hawaii (File Plan No. 920).
b) This request is to bring this lot into conformity with the majority of Vacationland
Subdivision lots (zoned AG) which include a mix of farming and family residences. This
would allow us to build a family dwelling for our principle residence and become a
member of the Vacationland Association Community.
c) The lot is 4.861 acres, slightly less than 5 acres.
d) We initially plan to use about one acre of the lot to build a moderate 2 bedroom
home and plant a small non-commercial orchard. We have no blueprints as yet for the
house.
e) We plan to begin to build as soon as the rezoning is fmalized. We have a general
idea of costs, approximately; the land cleazing $6,000, septic $4,000, power $5,000,
house $40,000, other $5,000, for a rough total estimate of $60,000
~ This lot is in the Kapoho Vacationland Farm Lots subdivision, and membership is
with The Vacationland Association Community. There will be neither employees nor any
clientele involved.
g & h) Roads to the lot are private (Vacationland Association) and aze well
maintained (all community members pay annual dues for this).
i) There are both Helco power poles and telephone hook up on the road bordering the
lot. County Water is available.
j) We plan to build a family home but have no blueprints as yet.
B. CONFORMANCE WITH STATE/COUNTY PLANS:
2) State Land Use Designation Agricultural
3) NOTE: Please see excerpt below*
4) Applicable goals/policies and objectives ofthe General Plan: the orderly development
of agricultural lands that border on, or contain within them, residential and or farm
dwelling communities.
5)General Land Use Designation: Orchard
6)County Zoning: Open
7)Community Development Plan: The lot is part of the Kapoho Vacationland Hawaii
Association Subdivision
8) Specialty Management Area: Not within one
t
* In support of this rezoning I am including information from previous applicants
all of whom rezoned their lots from `Open' to Agricultural; Michael Smith, lot #58
rezoned to A-Sa in 1990, Rose and Sam Hostetter, lot #57 rezoned to A-a5 in 2002 and
Leigh Hilbert, lot #60 rewned to FA-2a in 2000 [please refer to the attached map for
reference]. The following excerpts aze from a related Background Report and subsequent
recommendations of the change of zone application files Michael Smith, in this position
in 1991, which was also used by change of zone applicant Leigh Hilbert in 2000.
The following excerpts were complied by the County of Hawaii Planning Department in
response to Michael L. Smith's change of zone application 91-1 on 6/28/91:
"Background Report (page one "Smith")
The applicant Michael Smith is requesting a change of zone for S.Oacres of land from an
Open to an Agricultural- 5 acre (A-Sa) zoned district. The property is located
approximately one mile east of Kaimu-Kapoho Road within the Vacationland Hawaii
Subdivision, Unit II, Halekamahina, Puna, TMK: I-4-73: 02"
"Chronology
1. The Vacationland Hawaii Unit II subdivision, consisting of 83+/- acre lots,
was granted fmal subdivision approval in 1963. Subdivision approval was
granted with the provision that sidewalks and sewers need not be constructed
and that the roads be constructed with an oil treated surface. Memoranda from
the Planning Duector to the Planning Commission ,dated September 5 and
October 11, 1963, described the use of the lots as `Agricultwe."
2. At the time the State Land Use District boundazies were established in 1964,
a portion of the Vacationland Hawaii subdivision, including the subject
property, was placed in the State Land Use conservation District. The
remainder ofthe subdivision was placed in the Agricultural District. The
boundary between the Agriculture and the Conservation districts was
established along the southern boundary of "the Halekamahena ahupua'a,
which passes through a portion ofthe subdivision.
3. The subject property was zoned Open in 1967 pursuant to Ordinance No. 111,
which adopted the Puna District Zone Map. The boundary of the Open zoned
district followed the State Land Use District boundary.
4. On February 26, 1971, the Land Use Commission approved a State Land use
district boundary amendment submitted by Vacationland Associates from the
Conservation to the Agricultural District fora 24 acre azea of land within the
Vacationland Hawaii subdivision, including the subject property. The State
Land Use Commission approved the property amendment based on the
following fmdings:
`1. That the Vacationland Hawaii, Unit II, subdivision, which the subject
pazcels aze located was granted approval for recordation prior to the
establishment of the State Land Use District boundazies. When the State
2
Land Use district boundaries were established in August of 1964, the
Halekamahena land division boundary was used to establish the line
between the Agricultural and the Conservation districts. This line bisects
sections of the existing subdivision lots having two State Land Use
classifications.
2. That the granting ofthe amended Agricultural zone would result in a
more appropriate land use pattern by designating one land use description
throughout the affected lots.
3. That the granting of the amended designation would not be detrimental
the to the existing Conservation District by removing an area necessary for
the protection of a watershed and water sources, scenic azeas, pazklands,
and other uses, which aze intended to uphold the concept of conservation
lands.
4.That the azea requested for the amendment is contiguous to an existing
Agricultural azea and that the proposed amendment is reasonable and
justifiable to correct the two district designations presently existing on the
subject parcels."
"CURRENT REQUEST (page three part 7 `Smith')
7. In support of this request, the applicant has stated: "This pazcel was originally
created in an area classed "conservation" by the State Land Use Commission. In
1971 the classification was changed to Agriculture, however the County "Open"
zoning, through oversight or misunderstanding, was not changed."'
The above excerpts state cleazly the rationale for our current request for rezoning.
Our lot is the last lot on the road, Ililani, to apply and be rezoning from "Open" to
"Agricultural". The difference in the lots is the size and shape and that the entire pazcel of
this lot is zoned open.
Further support for our current request for rezoning application is as follows:
(Title Page): COUNTY OF HAWAII PLANNING DEPARTMENT
RECCOMENDATION
Michael Smith
CHANGE OF ZONE APPLICATION 91-1 (6/28/91)
"Upon review ofthe request, the Planning Director is recommending that it be
given favorable consideration."
(Page two Paz's. 1& 2 `Smith"):
The proposed change of zone is consistent with the General Plan and the
State Land Use Law. A goal of the Land Use Element of the General Plan is to
`Designate and allocate land uses in appropriate proportions and mix in keeping
with the social, cultural and physical environments of the County.' The General
Plan states that "Zoning request shall be reviewed with respect to the 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."
"The pazcel was created in 1963 and as one of the 83 5+/- acre lots with
the intent it would be used for agricultural purposes. The Open zoning designation
3
was adopted in 1967 in conformance with the newly adopted Sate Land Use
Conservation District designation. In 1971 the State Land Use Commission
( SLUC) approved an amendment of the Sate Land Use District boundary from
Conservation to Agricultural. The SLUC determined that the amendment would
result in a more appropriate land use pattern. Thus the zoning A-Sa zoning would
be consistent with the original intent in the creation of the parcel, the General Plan
designation, the State Land Use District and with the adjacent zoned uses."
(Page three, paz.2 "Smith"):
"The proposed rezoning is consistent with goals and policies of the
agricultural element of the general Plan which states `Identify, protect and maintain
important agricultural lands on the Island of Hawaii" and `rural-style residential-
agricultural developments, such as new small scale rural communities or extensions of
existing rural communities, shall be encouraged in appropriate locations."' (6/28/91)
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF
PROPERTY AND SURROUNDING AREA:
9.The property is located approximately one mile northeast of Kaimu-Kapoho road
(Highway 137), within the Vacationland Hawaii Subdivision, Unit II, Halekamahena,
Puna, TMK: 1-4-73: O1
The property is undeveloped and in it's natural state being A'a mounds and plates of
various sizes and shapes with various ups and downs of a height difference of up to
about 15 feet. There is a general covering of Ohia trees, a few Autograph trees, ferns
and shrubs make up the ground cover. The lot is roughly rectangulaz in shape. The
rainfall is on average 60 to 80 inches per year. There are no existing structures on the
property.
10. The Lava Hazard Zone rating is #1
11. The lot is located 1,300 feet west of the coastline.
12. "Other Important Agricultural Land" is the ALISH designation.
13. The U.S.D.A. Natural Resources Conservation Soil Report types the soil as
"Malama extremely stony muck (rMAD)."
14. The soil rating is "E" or very poor (Land Study Bureau soil rating).
15.The Flood Insurance Rate Map designation is "Zone X, outside the 500-year flood
plan.
16. The drainage is `natural'.
17. The air/noise and water quality are `excellent'.
18.There are no documented azchaeological, cultural, or historic sites on the National
Register or the Hawaii Register for the property.
19. The existing plants are, Ohia and Autograph trees; the flora and fauna, are ferns
and shrubs. There aze no listed nor candidates for endangered species in the azea.
20. There are no coastal or scenic resources on the property.
21. There aze no traditional or customary native Hawaiian rights that aze exercised in
the azea.
22. Existing public access is Ililani road, the lot is a the very end of this road on the
right hand side.
4
23. The social settlement pattern for the azea ranges from small orchard/orchid farms
to residential. The lands immediately surrounding the property are; to the South, a 5
acre lot (Michael Smith rezoned A-a5 with a family residence), and a 4.88 acre lot to
the west, (Leigh Hilbert rezoned FA-2a also has a residence). The 1960 Kapoho Lava
flow borders one side of the lot to the North (zoned Open/Conservation) and to the
East is an easement between the Farm lots and the Beach lots, (zoned RS-10). The
land in general is as follows: to the South is Kapoho Beach Lots subdivision
(zonedRS-19), to the SW lies the bulk ofthe Vacationland Hawaii subdivision
containing 83+/- lots approximately 5 acres each, both residential and agricultural
(zoned AG), to the North lies the Kapoho 19601ava flow and Cape Kumukahi.
24. The economic resources of the area aze orchards and orchid farms, a noni business
and miscellaneous other.
25.The land values aze presently between 70,000 and 90,000 for vacant lands and
upwards for developed portions.
26. Land use is agricuhural or residential.
27. The zoning in the Vacationland Hawaii Subdivision, which the lot is part of is
zoned "AG" the zoning for the lot is "Open".
D. PUBLIC FACILITIES AND SERVICES
28. The road to the property is from the Kapoho Beach Lots road via a 2,6000- foot
cindered unimproved private roadway with-in a 40-ft right of way; (see attached legal
rights access/deed).
29. County water is available.
30. Sewage disposal is septic.
31. Solid waste is at the Pahoa Transfer Station.
32. Police and fire protection is in Pahoa,.
33. Schools are in Pahoa.
34. The parks in the azea aze Lava Tree State Monument Park (7mi) and Isaac Hale
Beach Pazk (Smi).
35. Telephone and electricity aze available.
E. ENVIRONMENTAL ASSESMENT AND ANALYSIS
35.The property is undeveloped yet part of an Agricultural District and residential
community but is separated by a mistake of past rezoning mismanagement. The
property was originally intended for agricultural use and through the years a
residential community also grew. The subject parcel of land would add to the
enhancement ofthe surrounding environment and the agricultural component ofthe
General Use Plan by putting this lot into the community of the Vactionland Hawaii
subdivision.
36. Adjacent pazcels have land uses similaz to those proposed, there would be little
impact to the neighborhood. Removing this parcel from "Open" would not in any way
minimize the intent of that classification it would in fact correct a mistake.
37. We have no alternatives to the proposed development.
38. There are no natural resources involved in the implementation of this parcel of
land.
5
DEFINTIONS:
In division 6 ofthe County Zoning Guidelines, FA, or Family Agricultural Districts aze
defined in part in Section 25-5-60 as follows:
"The FA district provides for a blend of small scale agricultural operations associated
with residential activities and which may be characterized by farm estates, small acreage
farms, or subsistence lots The FA district is intended to be in areas designated as being
within the state land use agricultural district, where public services and infrastructure
appropriate to the support the very low density residential needs of a rural community
And where a substantial number of
parcels are less than ftve acres in size and where a
mix of uses will not conflict with or be detrimental to excising agricultural uses in the
surrounding area. "
(There aze approximately 42 of 83 Vacationland lots under five acres.)
We submit that this proposed rezoning fits well with this defmition, as well as the intent
and needs of the State, County, Community and ourselves.
Thankyou for your consideration of our application.
Fay Machielse & Mazk Dziatko
6
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L~~;~ j;';; , DF,PAR~'/!'~ENT OF ENVIRONMEIV'TAL MANAGEMENT'
25 Aupuni Slrec[, Rouen 210 • ililo, Hawaii 96720-4252
a (HON)'I61-ROR3 • Fax (RUS)961 -ROft6
MEMORANDUM
Date September 2, 200A
'To CHRISTOPHER YUEN, Planning Director
(1.C'~S ~J
Trom ~,.i,~ARBARA DELL, Director
SUBJECT: Chauge of Zone Application (REZ 04-023)
Applicants: P'ay Machielse/Mark Dziatko
Request: Open to FA-2a
TM K: 1-4-73 il
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 Cowrty 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.
( y~ Aggregates and any other construction/demolitior~~dste should be reused to its fullest
extent. ef4 wnsT~ Is PRONIAi7~p ~ TRMtSF~R Sth1'to/~
Ample room should be provided for recycling. ~~~$,29
(X) Grcenwaste may be disposed oC al the drop sites located at the Kailua and Hilo
transfer stations/green wuStti S1~'GS ,
( )Other:
cc: SWll Slav
!lmmi'i County a mr equn(opporprniry provider and eruployer.
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October 7,200~¢Ulil;);~L:ii ~},~_-f_ivT
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TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-023)
REQUEST: OPEN TO FA-2A
APPLICANTS -FAY MACHIELSE/MARK DZIATKO
TAX MAP KEY 1-4-073:001
For your information, this parcel has an existing service lateral fora 5/8-inch meter with the
Department. Based on the prevailing water situation in the area, water is not available for change of
zone applications that would increase the existing density. As the subject application would double the
existing density, we regret that water is not available for the proposed request.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 252.
Sincerely yours,
i
Mi fon .Pavao, P.E.
nage
SHKaco
copy - Ms. Fay Machielse and Mr. Mark Dziatko
EXHIBIT
A
at`er 6~C~2~~ ~ro~re~~,.,
The Doparlmenrof Water Supply Is an Equal Oppotlumry pmvltler and employee To file a complaint of dlscnmination, write: USDA, Director Office of Civil
Rlghis, Roam 326~W, WhlHen Rullding, 14th and b~depentlence Avenue, SW, Washington DC 202509410. Or call (202) 720-5964 (voice and TDD)
E H
p.( ~ ....<{i
LINDA LINGLE ~ ~ g CHIVONIE L. FUKINO, M.D.
eoveamoa sl'.~p'~ y ~ owecroa aF NenLrH
^r-~ ~
` J STATE OF HAWAII
i
- - - - - ~ ~ DEPARTMENT OF HEALTH
u
~ P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: September 17, 2004
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Aaron A. Ueno
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 04-023)
Applicants: Fay Machielse/Mark Dziatko
Request: Open to FA-2a
Tax Ma Key: 1-4-73:1
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
WORD:REZ04-023.my
~XH~B~T ~~c~y8
To Christopher J. Yuen t+~~9 SEP P~ 2 55 Sept 26 2004
Planning Director PLl~t~1~iG ~_.;=13~F; fMENT
County of Hawaii Planning Dept. Ci`U~~I I r' i b1WRl)
We have received the recommendations from the Dept Of Environmental
Management, Solid Waste Division regarding our change of zone
application and we agree to abide by them.
Sincerely
Fay Machielse & Mark Dziatko
Tax map key (3) 1-4-73-0 l
EXHIBIT p53883
S
RMach ielseAGZ.doo- 10/ 13/04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
FAY MACHIELSE AND MARK DZIATKO
CIIANGE OF ZONE APPLICATION (REZ 04-023)
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 from the Open (O) to a Family Agricultural 2-acre (FA-2a) zoned district 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 the favorable
recommendation. This recommendation is based on the following findings:
The applicants aze requesting a change of zone from Open (O) to Family
Agricultural 2-acre (FA-2a) to construct atwo-bedroom dwelling for their principal
residence on approximately one acre of the 4.861-acre site, and plant a small non-
commercial orchazd. Cost of construction is estimated at approximately $60,000. There
are no plans to subdivide at this time.
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 azeas in the
County.
The Change of Zone request from Open (O) to Family Agricultural 2-acre
(FA-2a) conforms to the goals, policies and standards of the General Plan Economic
and Land Use Elements. The General Plan is intended to be used as a policy guide for
the coordinated growth and development of all sectors of the County. The overall goals,
policies and standards are set forth to physically plan the lands in the County in the best
interest of the island's residents. Land Use is one of the principal focal points of public
concern and policy. The Land Use Element provides the primary basis for direct control
and guidance of publicly and privately owned resources.
The requested change of zone conforms to the General Plan Land Use
Pattern Allocation Guide (LUPAG) Map. 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 azeas within the County. The
property is designated Orchards, which includes agricultural lands though rocky in
character and content support productive macadamia nuts, papaya, citrus and other
similar agricultural products. The applicants propose to plant a small non-commercial
orchard on the site.
The subject parcel was created in 1963 as one of 83 - 5+ acre lots with the intent
that it would be used for agricultural purposes. The Open zoning designation was
adopted in 1967 in conformance with the newly-adopted State Land Use Conservation
District designation (1964). The State Land Use Boundary lines were drawn using the
Halekamahina land division as the dividing line without consideration of the subdivision.
As a result, this and several other parcels were placed in the Open zoned district for
consistency. In 1971, the State Land Use Commission approved Vacationland
Associates' request to amend the State Land Use boundary from Conservation to
Agricultural. It was determined that the boundary amendment to an agricultural district
would result in a more appropriate land use, that no significant Conservation
characteristics were inherent, and the subject lands could be removed and justifiably
placed within the State Land Use Agricultural district.
The U.S. Soil Survey classifies the soils as Malama Extremely Stony Muck
(rMAD). These soils consist ofwell-drained, thin, extremely stony organic soils over A'a
lava and is used primarily for woodland, pasture and orchards. The ALISH system
identifies soils within the property as "Other Important Agricultural Land". However, the
Land Study Bureau's soil rating is "E" or "Very Poor" for agricultural productivity.
The proposed rezoning would bring the property into conformance with the
-2-
existing Agricultural zoned properties within the Vacationland Hawaii Subdivision. As
the existing Open zoning designation applies to azeas that contribute to the general
welfare, the full enjoyment or the economic well-being of open land type uses, the
applicants would be prohibited from constructing a dwelling with the present zoning.
The granting of the proposed use will not adversely affect similar or related
existing uses within the surrounding area, community or region. The property is a
vacant, approximately 4.861-acre parcel located in the Vacationland Hawaii Subdivision
Increment II. Adjacent properties to the north are zoned Open, and properties to the east
are zoned Open and Single-Family Residential 10,000 squaze feet (RS-10). The adjacent
property to the south is zoned A-Sa and the property to the southwest across Milani Street
is zoned FA-2a. To the south and southwest aze Vacationland Hawaii II lots zoned A-la
and approximately 5 acres in size. Further south lies Vacationland Hawaii I with lots
zoned RS-10 ranging approximately 8,000-9,000 square feet in size. The Kapoho Beach
Lots subdivision to the southeast is zoned RS-10. Surrounding uses include scattered
residences and agricultural activity. Previous rezonings in the area include:
• TMK: 1-4-73: 018, Ordinance No. 99 83 effective July 16, 1999 for a change of zone
from Open and A-la to FA-2a. The pazcel is located directly southwest of the site
across Milani Street.
• TMK: 1-4-73: 027, Ordinance No. O1 41 effective May 1, 2001 for a change of zone
from Open and A-1 a to FA-2a. The pazcel is located southwest of the subject site.
• TMK: 1-4-73: 002, Ordinance No. 91 110 effective October 24, 1994, for a change of
zone from Open to A-Sa. The pazcel is located adjacent to the site to the
south/southeast.
• TMK: 1-4-73: 003, Ordinance No. 03 24 effective February 20, 2003 for a change of
zone from Open and A-la to A-Sa. The parcel is located two lots south of the subject
site.
A favorable recommendation of this change of zone request will be consistent
with the surrounding land use pattern already established within this subdivision.
The proposed change of zone will not unreasonably burden public agencies
-3-
to provide roads and streets, sewer, water, drainage, schools, police and fire
protection, and other related infrastructure. Primary access to the site is from Kapoho
Beach Road, a private road with an approximate pavement width of 20 feet, to Milani
Road, a private 12-foot wide unpaved red cinder road. The distance from the intersection
of Kapoho Beach Road to the property is approximately six-tenths of a mile. Of that
distance, one-tenth is paved and five-tenth is cinder. According to the Department of
Water Supply, this parcel has an existing service lateral fora 5/8-inch meter. The
applicants are requesting a zoning designation of Family Agricultural (FA-2a), which
would allow further subdivision of this 4.861- acre lot. Should the applicants decide to
subdivide the property in the future, they will be required to provide the lots with a water
system meeting with the approval of the Department of Water Supply prior to securing
Final Subdivision Approval. Wastewater generated by the proposed development will be
disposed of utilizing an individual wastewater disposal system for each lot meeting the
requirements of the Department of Health. All other essential utilities and services are or
will be made available to support the proposed rezoning.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The project site does not abut the shoreline and will not be impacted
by coastal hazazd and beach erosion. There is no record of a designated public access to
the shoreline or mountain azeas that traverses the property. According to the applicants,
no valued cultural, historical or natural resources exist on the property and there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site. Thus, it is not anticipated that the proposed request will have any adverse impact on
cultural or historical resources in the azea.
By letter dated December 1, 2003, the applicants have requested a "no effect"
letter from the State Department of Land and Natural Resources Historic Preservation
Division (SHPD). No comments were received from the Historic Preservation Division
as of this writing. According to the applicants, the property contains no documented
archaeological, cultural, or historical sites on the National Register or the Hawaii
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Register. No formal flora/fauna study was submitted. The applicants have stated that
"there is a general covering of Ohia trees, Autograph trees, ferns and shrubs on the site."
The property is overgrown with vegetation, including Christmasberry, Plumeria, Hala,
Banana, Wild Orchid, Monsteria and Noni.
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
The valuable cultural, historical, and natural resources found in the rezoning area:
No formal studies were conducted of the site. However, the applicants have stated that
no valued cultural, historical or natural resources exist on the property and there is no
evidence of any traditional and customary Native Hawaiian rights being practiced on the
site.
Possible adverse effect or impairment of valued resources: Native plants could be
destroyed by construction and ground alteration. The subject property does not abut the
shoreline, therefore Hawaiian gathering and fishing rights is not an issue.
Feasible actions to protect native Hawaiian rights: Conditions of approval will be
included to require the applicants to notify the Department of Land and Natural
Resources -Historic Preservation Division (DLNR-HPD) should any unidentified sites or
remains be encountered, and proceed only upon an archaeological cleazance from the
DLNR-HPD. The applicants have stated that there is no evidence of any traditional and
customary Native Hawaiians rights being practiced on the site, nor existence of any
known valued cultural, historical or native resources in the azea. Thus, it is believed that
the project would have no adverse impact relative to the cultural and historical resources
of the area. To the extent to which traditional and customary Native Hawaiian rights aze
exercised, the proposed action will not affect traditional Hawaiian rights and no action is
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necessary to protect these rights.
Based on the above findings, approval of the Change of Zone request from Open
(O) to Family Agricultural 2-acre (FA-2a) would result in an appropriate land use
pattern that will further benefit the general public. The accompanying draft bill to amend
Section 25-8-22 (Puna District Zone Map) is provided for your favorable consideration.
Please note the proposed conditions of approval attached to the draft bill.
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BILL NO.
(PLANNING DEPARTMENT)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-22 (PUMA DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO FAMILY
AGRICULTURAL (FA-2a) AT KAPOHO, PUMA, HAWAII, COVERED BY TAX MAP KEY
1-4-73:1.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-22, 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 Kapoho, Puna, Hawaii,
shall be Family Agricultural (FA-2a):
Beginning at a point at the south corner of this parcel of land, being also the west
corner of Lot 58 and the easterly side of Ililani Road, (40-Feet Wide), the coordinates of
said point of beginning referred to Government Survey Triangulation Station "KAPOHO"
being 3,372.75 feet North and 6,542.62 feet East and running by azimuths measured
clockwise from True South:
1. 152° 14' 285.19 feet along the easterly side of Ililani Road
(40 FeeC Wide);
2. 228° 00' 607.18 feet along remainder of R.P. 7483, L.C.
Award 4452, Apana 1 and 2 to H.
Kalama;
3. 332° 14' 35" 434.48 feet along remainder of R.P. 7483, L.C.
Award 4452, Apana 1 and 2 to H.
Kalama;
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4. 62° 14' 588.47 feet along I,ot 58 (File Plan 920) to the
point of beginning and containing an
area of 4.861 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 maybe 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.
SEF 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.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of hitroduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
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rPe~
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM OPEN (O)
TO FAMILY AGRICULTURAL (FA-2a)
AT KAPOHO, PUNA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 1-4-073:001 Date: September 1, 2004
EXHIBIT ~~A~~ (Mark Dziatko & Ms. Fay Machielse:1134)
MachielseR F,Z. doc-10/ 13/04
FAY MACHIELSE AND MARK DZIATKO
CHANGE OF ZONE APPLICATION (REZ 04-023)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. The applicant, 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 Agricultural District.
C. Should the applicant, successors or assigns seek to further subdivide the property, lots
shall be provided with a water system meeting with the approval of the Department of
Water Supply prior to securing Final Subdivision Approval.
D. Should any remains of historic sites, such as lava tubes, 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.
E. The applicant shall comply with all applicable laws, rules, regulations and requirements
of affected agencies.
F. 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.
G. 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, 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).
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or more
appropriate designation.
2