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Home My WebLink AboutCOM 0172.000 2004-2006Harry Kim Mayor COUNTY OF HAWAII 25 Aupunt Street, Room215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808)329-5226 • Fax(808)326-5663 March 15, 2005 Gary Safarik, Chairman and Members of the Hawaii County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Gary Safarik and Council Members: vkhange of Zone Application (REZ 04-032) Applicant: Kimi Cook -Walls and Robert Walls Request: A -5a to FA -3a Tax Map Key: 5-9-6:5 Change of Zone Application (REZ 04-029) Applicant: Kristina Deutsch Request: A -20a to A -10a Tax Map Key: 7-3-26:11 Change of Zone Application (REZ 04-030) Applicant: Bruce B. Easley Request: A -20a to A -10a Tax Map Key: 7-3-27:7 Change of Zone Application (REZ 04-031) Applicant: Matthew K. Mather Request: A -20a to A -10a Tax Map Key: 7-3-27:6 Proposed Amendment to Chapter 25 (Zoning Code) Commercial Excavation in MG District Dixie Kaetsu Managing Director Peter L. Hendricks Deputy Managing Director As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, Harry Kim C1/ Mayor Enclosures cc: Planning Department I{awai'i County is an FquaI Opportunity Employer and Provider Comm. No. Ref. To- L Ref. Date Harry Kim Mayor March 14, 2005 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax (808)961-8742 Gary Safar k, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Gary Safarik and Council Members: Change of Zone Application (REZ 04-032) Applicant: Kimi Cook -Walls and Robert Walls Request: A -5a to FA -3a Tax Map Key: 5-9-6:5 The Planning Commission, after a duly held public hearing on February 18, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 5 -acre (A -5a) to a Family Agricultural (FA -3a) district for approximately 7.74 acres of land. The property is located along the north side of Ala Kahua Drive, approximately 2,000 feet from the Ala Kahua Drive-Akoni Pule Highway (Highway 270) intersection, Kohala Estates Subdivision, Kahua I", North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone to change the district classification from Agricultural 5 -acre (A -5a) to Family Agricultural 3 -acre (FA -3a) for 7.74 acres of land. The applicants plan to subdivide the property into two lots of approximately 3.7+ acres each. This would allow the applicants to retain one parcel and sell the other parcel, which would include the existing single family dwelling. The Change of Zone request from Agricultural 5 -acre (A -5a) to a Family Agricultural 3 -acre (FA -3a) zoned district will conform to, among others, the Land Use, Agricultural and Economic elements of the General Plan: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Hawaii County is an Equal Opportunity Provider and Employer Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 proposed request will conform to the Land Use element of the General Plan to designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. The applicants have expressed the desire to subdivide their property to allow them the opportunity to retain one parcel for them and to sell the other with the existing single family dwelling. This will allow the applicants to build their new home but also create the opportunity for them to do a small scale orchard and/or ornamental farming in their retirement years. By subdividing the selling, instead of renting, the potential for farming on both lots will increase. 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 areas within the County. The subject area is designated Extensive Agricultural. The applicant's request will not diminish the agricultural uses on the property and will remain consistent with the General Plan's designation for this area. The surrounding lands are located within the State's Agricultural District and in the County's Agricultural zoned district. The proposed action would be consistent with the surrounding area, as many of the lots surrounding the subject property are zoned A -3a. A portion of the property has been improved with a single-family dwelling. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500 -year flood plain. The property 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. Given the soil conditions within the property and surrounding area, the area has a limited suitability for agricultural use. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The Change of Zone request from Agricultural 5 -acre (A -5a) to a Family Agricultural 3 -acre (FA -3a) zoned district will conform to the North Kohala Community Development Plan (CDP). The North Kohala Community Development Plan (CDP) was adopted by Planning Commission Resolution No. 2-84 on September 25, 1984 to guide future developments within North Kohala. In the Agricultural element of the CDP, a recommendation is to "encourage the use of smaller scaled agricultural lots...." The CDP also states to "encourage more intensive use of North Kohala's agricultural resources through the subdivision of selected agricultural lands into smaller and more manageable parcels." The Land Use Concept Guide Map of the North Kohala CDP designates this area for Small Scale Agricultural (PUD). The proposed FA -3a zoning would be in conformance with the North Kohala's CDP land use strategy planned for this area. The A -5a acre lots in the area were previously Unplanned (prior to 1996). The Unplanned zoning was the original zoning designation for this area. The A-3 zoned lots were subsequently rezoned from Unplanned or A -5a to A -3a. There have been numerous properties that have been rezoned to 3 -acre zoning in the immediate area, which fits with the pattern for this area. All utilities and services are available to the site. Access to the two proposed lots is from Ala Kahua Drive, which is a paved two-lane private road with a 22 -foot pavement width within an 80 -foot right-of-way. Ala Kahua Drive intersects with the Akoni Pule Highway approximately .5 mile to the west. Water is available from a private water company, Kohala Ranch Water Company (KRWC). As there is no municipal sewer system in the area, the applicant will be required to dispose wastewater into an individual wastewater system meeting the standards and requirements of the State Department of Health. Electrical and telephone services are available to the site. Police services are located within Kapaau, approximately sixteen (16) miles from the property. Fire services are located on Queen Kaahumanu Highway at the Mauna Lam substation, approximately eight (8) miles from 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 Yz mile 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 a portion of the property has been developed with a single-family dwelling and the unimproved area of the site consists primarily of buffel grass, pili grass and kiawe trees, it is not anticipated Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 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. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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: An Archaeological Assessment Survey conducted by Paul H. Rosendahl, Ph.D. of PHRI, along with a request to DLNR for a determination of "No Historic Properties Affected" dated July 15, 2004. No formal floral or faunal study was submitted. The valuable cultural historical and natural resources found in the rezoning area: Based on the assessor's knowledge of the status and past land use history of the subject property and its immediate vicinity, and based on the negative results of the assessment survey fieldwork, Rosendahl concluded that it was his opinion that (a) no significant historic sites are likely to be present with the subject project area, most likely because of its intermediate zone location and the traditional patterns and settlement within such an area and (b) no further historic preservation work of any kind is needed. Possible adverse effect or impairment of valued resources: 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 immediate area. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed request will not affect traditional Hawaiian rights, and no action is necessary to protect these rights. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Feasible actions to protect native Hawaiian rights: A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -5a) to a Family Agricultural (FA -3a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to Section 25-8-7 (North & South Kohala District Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, hairman Planning Commission LWaIIs02PC Enclosures cc: Mr. Sidney Fuke Kimi Cook Walls & Robert Walls Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BCook-Walls-REZ04-032.jwd 01-28-05 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KIMI COOK -WALLS AND ROBERT WALLS CHANGE OF ZONE APPLICATION (REZ 04-032) KIMI COOK -WALLS AND ROBERT WALLS have submitted an application for a Change of Zone for 7.74 acres from an Agricultural 5 -acre (A -5a) to a Family Agricultural 3 - acre (FA -3a) district. The property is located along the north side of Ala Kahua Drive, approximately 2,000 feet from the Ala Kahua Drive — Akoni Pule Highway (Highway 270) intersection, Kohala Estates Subdivision, Kahua 151, North Kohala, Hawaii, Tax Map Key: 5-9-6:5. APPLICANT'S REQUEST Request: The applicants are requesting a Change of Zone from Agricultural 5 -acre (A - 5a) to Family Agricultural 3 -acre (FA -3a) for 7.74 acres of land. If approved, the applicants plan to subdivide the property into two lots of approximately 3.7+ acres each. This would allow the applicants to retain one parcel and sell the other parcel, which would include an existing single family dwelling. According to the applicants, they believe that the subject property is too large for them and can be more effectively used for farming if the property were subdivided. Additionally, they believe that the smaller lots would be more consistent with the surrounding area, as many of the lots surrounding the site are zoned and subdivided into 3+ -acre sized lots. The landowners are Robert Walls and Kimi Cook -Walls. The applicants have submitted the attached in support of the request. (See Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural. 3. GP LUPAG Map: Extensive Agricultural. 4. County Zoning: Agricultural (A -5a). North Kohala Community Development Plan (CDP): The Land Use Concept Guide Map of the North Kohala CDP designates this area for Small Scale Agricultural (PUD). The CDP was adopted by Planning Commission Resolution No. 2-84 on September 25, ATTACH: Calm. 172 Bill 60 1984. 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. It is located approximately .5 mile from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is roughly rectangular in shape and is approximately 7.74 acres in size. There is a single-family dwelling on the property that is presently being rented. 9. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural District and in the County's Agricultural zoned district. The neighboring properties are zoned A -3a, A -5a and A -20a, which are also part of the Kohala Estates Subdivision. To the southeast are lots zoned A-1 a within the Kohala By The Sea Subdivision. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor." 12. U.S. Soil Survey: Kawaihae very rocky very fine sandy loam, 6 to 12 percent slopes (KOC). Permeability is moderate, runoff is medium, and the erosion hazard is moderate. 13. FIRM: Zone "X", area determined to be outside the 500 -year flood plain. 14. Flora/Fauna Resources: There were no professional surveys conducted of the floral or faunal resources of the site. A portion of the property has been developed with a single- family dwelling. The unimproved area of the site consists primarily of buffel grass, pili grass and kiawe trees. This area is known for having wild fires because of the dryness of the area and vegetation. According to the applicants, it is unlikely that any rare or -2- endangered floral or faunal resources would be found on the subject site. 15. Archaeological Resources: Paul H. Rosendahl, Ph.D. conducted a field inspection of he site. The conclusion of the field inspection was that "no archaeological remains of any kind were identified during the field inspection." Rosendahl has submitted a request for a "no -effect" letter from the Department of Land and Natural Resources -State Historic Preservation Division. 16. Cultural or Native Gathering Rights: There is no evidence of traditional and customary Native Hawaiian Rights being practiced on the property. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. There are also no identified recreational resources, historic resources, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area PUBLIC UTILITIES AND SERVICES 18. Access: Access to the two proposed lots is from Ala Kahua Drive, which is a paved two- lane private road with a 22 -foot pavement width within an 80 -foot right-of-way. Ala Kahua Drive intersects with the Akoni Pule Highway approximately .5 mile to the west. 19. Water: A private water company, Kohala Ranch Water Company (KRWC), provides water to the subdivision. According to July 13, 2004 letter from KRWC to the applicants, there are two commitments of water available for the proposed action. 20. Wastewater System: There is no municipal sewer system available to the property. The applicants will dispose of wastewater through a septic tank or cesspool system meeting with the approval of the Department of Health. 21. Essential Utilities and Services: Electrical and telephone services are available to the property. Police services are located within Kapaau, approximately sixteen (16) miles from the property. Fire services are located on Queen Kaahumanu Highway at the Mauna Lam substation, approximately eight (8) miles from the property. AGENCIES' COMMENTS 22. Department of Water Supply (December 15, 2004 Memo) "We have reviewed the proposed Change of Zone Application. The water system in the area is privately owned and operated. The private water purveyor should be contacted for water availability." -3- 23. Department of Environmental Management (November 23, 2004 Memo): "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. Greenwaste may be disposed of only at the drop sites located at the Kailua or Hilo transfer stations, or other suitable diversion programs. Construction/demolition waste is prohibited at County transfer stations." 24. Department of Land and Natural Resources —Engineering Division (November 29, 2004 Memo): "We confirm that the project site, according to the Flood Insurance Rate Map (FIRM) is located in Zone X. The National Flood Insurance Program does not have any regulations for development within Zone X." 25. Department of Public Works: (See Exhibit B — December 10, 2004 Memo) 26. Department of Health: (See Exhibit C — December 17, 2004 Memo) AGENCIES - NO COMMENTS 27. Civil Defense, Police Department and Fire Department AGENCIES - NO RESPONSES 28. Department of Land and Natural Resources -State Historic Preservation Division, Department of Transportation, Natural Resources Conservation Service and Kohala Estates Community Association APPLICANT'S SUBMITTALS 29. The applicants have submitted several letters in response to agency comments. (See Exhibit D — December 20 & 29, 2004 Letters) PUBLIC COMMENTS 30. As of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -4- FILE copy no Not ifel"ove APPLICATION COUNTY. REZONING (A -5a TO FA -3a) KEW COOK -WALLS AND ROBERT W. WALLS Kahua V. North Kohala, Hawaii TMK: (3) 5-9-06: 05 Prepared For: —Kiwi Cook -Walls and Robert W. Walls Prepared By: Sidney M. Fuke, Planning Consultant Otober2004 EX BIT COUNTY OF HAWAII PLANNING DEPARTMENT �"Tl (Type or legibly print the requested information) P. APPLICANT: Kimi Cook Walls and Rabat W. WAHA APPLICANT'S SIGNATURE: -;_::RATE: Oclober 14, 2004 " I ADDRESS: 39-45SAkska Place W Pff 96743 LIST APPLICANTS INTEREST IF NOT OWNER. LIST PRINCIPALIS) INCLUDING NAMES OF MAIN OFFICERS' pHONE:(BU3.)882-7762 (Res.) —(Fax)892-7759 LANDOWNER(S): Samosa applicam LANDOWNER SIGNATURE(S): Ujdllz� 4�WAI[S_ DATE: Oct 14,20D4 (May be b3l LANDOWNER(S) ADDRESS: Sow applicant loner) REQUEST: A -so TO FA -3& (FAWiftaxxv mroposod Zoning) TAX MAP KEY, "-06: 05 STREET ADDRESS OF PROPERTY. Alm Kabua Dave, KolWa EvAm Sub4tvision SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED - 7.740 mum AGENT: S&dW K FWw Planning Consokwit ADDRESS: 10D PMUdd Sbftl, SCOW 212 Hilo, IR 96720 TELEPHONE: (Bus.) 969-1522 — (Res.) —(Fax)969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Aft COPIES: w Kinm cook watts (Sec Instructions on Reverse Side) 2 ATTAruMPUT 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? 7.740 ac b. Into what lot sizes? 3+ 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? 1 month d. Do you intend to build houses on the newly created lots? Vpe If yes, please answer the following questions: On how many of those lots? 1 At what approximate price range? House $150,000 Lot $200,000 Total $350,000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 9 months If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 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 n 1 WP4 3 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. uo you think that your request and your further plans for the land will alleviate the local housing situation? Yes How?-- A lot will be made available to a potential homeowner/farmer. 9. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? 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? If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? Somewhat Yes b. Suitability of the proposed lot -size for that commodity? Yes Sufficient farm size to allow reasonable chance of success in _ commercial agriculture? ---- Yes -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? No 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. The objective was to create backyard farm lots for the applicants and another homeowner. ?• 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 a. Schools b. Roads Sewer d. Drainage No X M o, rUhcs rLiNNlmI Yes e. Police Protection f. Fire Protection 9. Recreational Facilities 1. Public Utilities I, Other PAGE 633 M For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: S JSAkebFim XWWJ*FU 46743 Telephone: S62-7762 Date: Cclobw 14.2004 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A -5a to FA -3a) ROBERT W. AND KIMI COOK -WALLS KAHUA 1sT, NORTH KOHALA, HAWAII TAX MAP KEY: (3) 5-9-06: 05 I. INTRODUCTION The applicants, Robert W. and Kimi Cook -Walls, are requesting to rezone a 7.470 -acre parcel from Agriculture (A -5a) to Family -Agriculture (FA -3). The subject site is located within the Kohala Estates Subdivision, Kahua 1st, North Kohala, Hawai'i. (See Figures 1 & 2) The property is located on the north side of Ala Kahua Drive, approximately 2,000 feet from its intersection with the Akoni Pule Highway (Highway 270). If approved, the applicants intend to subdivide the 7+ acre parcel into two (2) lots, consisting of 3.5+ acres each. The applicants plan to retain one of the parcels and sell the other. II. PROJECT LOCATION The subject site is located within the Kohala Estates Subdivision. More specifically, it is located on the north side of Ala Kahua Drive, approximately 2,000 feet from the Akoni Pule Highway. Ala Kahua Drive serves as the main spine road within the subdivision. The subdivision is located between the Kohala Ranch and Kohala By The Sea subdivisions. The latter subdivision consists of 1+ acres sized lots. III. PROJECT DESCRIPTION A. Project Concept and Components The applicants believe that the subject property is too large for them and can be more effectively used for farming if the property were subdivided. Additionally, they believe that the smaller lots would be consistent with the surrounding area, as many of the lots surrounding the subject site are zoned and subdividedinto Z+ -acre sized lots. There is a dwelling on the property that is currently being rented. There is also no agricultural use of the land. The applicants would like to subdivide the property, sell the lot with the dwelling on it, and build their dwelling and farm on the other lot. In so doing, they believe of ect Is �o r k3 V� r Pq P/ �YSaiama Wy. - ------- . ___ _.._.___..-__.__- a4 9No 2 3Klpa Mall C` 7 Q PI Ma v i r ' ! r M.ki W � y 9 J. _..___ r._._.. -_ ........ Ka NanI PI da P7 O Ka Nani Wy ml 9a`` KCHALA \oaf 90. a RANCH Ka° c i ' ' d a Q " µa v � Qaao !K 0 1 Wy_ Oi ala 5 V"ohU Pr � o K ALA P --� ESTATES d posed �scao aral�a edea KOHALA I. �•' of .:T�._;-._ BY THE SEA Hoewaa Hokulele Dr. -- -'- _- A/ I A/ Kohala Waterfront Joint Venture a Figure 1 Location Map aluokalani SL PROJECT LOCATION 155'W I DHHL Industrial Subdivision z°_N _I - Hilo - 'z _ A aluokalani PI. Kailua e' q ° i'" \ KAWAIHAE HARBOR South Point 14AP REDOCED Not to Scale Figure 1 Location Map , UT 1. illi .}11 iii-✓ _ m N, a ��.:, .,.',; L ...,, . v , � • � a � r rr t: € `��df�` �. i' (S 4t d �:s' t � ✓• " �/,r .flim j��♦ 3f Y \ -�f h I t _Ii �t o• ,l tt r r . IA ' q m, lP i r a+ > / � II � �•.... �` +h4J4'tFo :}fig (i!z'} r lA}�ti� � 19 ' I,f j,y' a ! J .r,,• fb �PnA tt,• Nl �� a l .c ��t, jY�ta �'S i iy , dto '.icy i� � � �^.. � a�• u t x! i s. il a is Lr a«...,4 '7... /.:...,,. why :i Y_ tl at It'll — ......._ \. Z I 9 Figure 2 Site Location that they would be in a better position to not only satisfy their housing need but do small -scaled orchard and/or ornamental farming in their retirement years. In the process, both lots could potentially be put into more productive agricultural use. It should be noted that another dwelling could be constructed on the site through the farm dwelling agreement process. Under that basis, the maximum number of dwellings on the 7+ acre lot would be two. If approved, the applicants intend to restrict each of the lots to one dwelling. In spite of the ability to have 2 dwellings on the site, the applicants believe that a conventional Not subdivision would be more appropriate. This would make the properties more feasible for small- scale farming, while being generally consistent with the existing land use pattern in that area. (See Figure 3) It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Proiect Timetable and Cost The applicants hope to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the middle or ending part of next year. The estimated cost of improvements would be less than $25,000. This would be primarily for the construction of any required driveway access and an additional water meter for the additional lot. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use - -= ---- - - - The subject area is designated Agriculture_ Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. 2 r en vv vi v.. c._�.r,eir ren y. ,.rx <e ua es •.�inr-i ri cv„ Figure 3 Proposed Subdivision B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Extensive Agriculture. This designation refers to land that would be suitable for pasturage and range lands. The draft General Plan Revision Program does not suggest any change to the LUPAG map for the subject site. Based on the requested Famity-Agriculture (FA -3a) designation, the project would be consistent with the existing and proposed General Plan, and no amendments would be required. C. Draft Northwest Hawaii Oben Space and Community Development Plan This plan, prepared in 1992, attempts to further define the General Plan and serves as a guide for decision -makers. Neither the Planning Commission nor the County Council has adopted this plan. Nevertheless, as it flows from the General Plan, it can serve as a land use guide. In that sense, it should be noted that the Land Use Concept map of this plan identified the subject area for Very Low Density use. This designation suggests rural/agricultural use, with lots ranging between 1 to 5 acres in size. As such, the requested FA -3a zoning would be generally consistent with this designation. D. County Zoning The County zoning of the subject property is Agriculture (A -5a). The zoning of properties adjacent and east of this site, as well as on the southwestern side of Ala Kahua Drive, are zoned Agriculture (A -3a). There are a few Agriculture (A -20a) zoned parcels on the southeastern side of Ala Kahua Drive. (See Figure 4) If approved, the site would be subdividecUn-a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and - standards consistent with the requested FA -3a zone would be adhered to. A -20a A -3a !r A-la3s A 3 '.. A -5a A -5a Subiect Site Figure 4 Existing Zoning and Subject Site E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is nearly a mile from the shoreline, and there are many intervening parcels. As such, the proposed action should not have any adverse impact on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impact to the area's historic resources is also remote. An archaeological survey revealed no sites on the property. In either case, during the course of improving the site, if any inadvertent finds are made, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a non -urban setting. Accordingly, there is potential visual impact to the area's scenic and open space resources. However, the project would involve only the construction of an additional farm dwelling on the other proposed lot. Thus, visual impact to the near or off shore waters as well as the slopes of the Kohala Mountain should be minimal, if at all. Relative to the Coastal Ecosystems, impact should also be negligible, if at all, as the site is located about a mile from the ocean. Notwithstanding the distance, the nature of the project — agricultural and the construction of an additional private wastewater system are such that potential coastal ecosystem impact would usually not be found. The proposed action will result in creating an opportunity to enhance ---the-potential for agricultural use of the property IrLs doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA -3a, and the requested use and design/parameters (lot size, building height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function: This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicants to surrounding property owners of the submittal of the application and, again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, water meter permit, driveway permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the southwestern slope of the Kohala Mountain, approximately a mile from the ocean and at about 375 feet above mean sea level. The parcel is gently sloping, and there are no major undulations on the property. The mean annual rainfall in this area ranges between 10 to 20 inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. During the winter months, the wind can get fairly intense, with wind speeds up to 40 to 50 miles per hour. The subject parcel is somewhat trapezoidal in shape. The lot has a 480+ foot wide frontage along Ala Kahua Drive and tapers off at the rear to 193+ feet. The lengths of the parcel are 881+ feet and 998+ feet. There is an existing dwelling on the site. This will be retained. Aside from the area of the residence, the balance of the property is unimproved. B. Soils and Topography The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope running mauka-makai. The Land Study Bureau's Detailed Land Classification System classifies the site "E" or very poor from an agricultural resource perspective. The U.S. Soil Conservation Service of the Department of Agriculture classifies the soil to be of the Kawaihae series (KOC). This type of soil consists of somewhat excessively drained, extremely stony soils that formed in volcanic ash. The soil has a very thin surface of fine sandy loam over silt loam and loam. Permeability is moderate, and runoff is medium. The erosion hazard is moderate. Due to the shallow, rocky soils and and climate, the soils are not really suitable for intensive agriculture. It has been deemed suitable for pasture, recreational, and residential purposes. The site is not listed as being important on the State Department of Agriculture's Agricultural Lands of Importance (ALISH) map. Notwithstanding those limitations, with water and other agricultural methods, the applicants are confident that some backyard agricultural activities can be successfully conducted on the property. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the project site to be located in Zone "X", areas outside the 500 -year flood plain. There are no identifiable drainage ways through the site. Accordingly, the site should not be subject to flooding. 2. Tsunami Hazard As the site is located nearly a mile from the ocean, it is neither within the tsunami hazard area nor within the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 9, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona falls in zone 4, while the City of Hilo is classified Zone 3. This area has the least lava flow hazard risk according to this classification. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, based on conversations with the applicants and a review of studies in this area, it is unlikely that any rare or endangered floral or faunal resources would be found on the subject site. From a floral perspective, the unimproved area of the site consists primarily of 1 to 3 foot tall buffel grass (Cenchrus ci/iaria) and 12 to 18 foot tall kiawe trees (Prosopis paiiida). These vegetation are common in this area. This author's visual inspection of the site also confirmed the presence of pili grass (Heteropogon contortus). - Because of recent fires in this general area_ and the dense buffet grass cover, the vegetation species is somewhat poor in the sense that there is not a large number of different kinds of plants. It is likely that on-site fauna consists of introduced species of birds and mammal pests. A study (Phil Bruner for Gentry Pacific, Ltd.) for a coastline property proximate to this area noted that the short -eared owl or Pueo and the endangered Hawaiian Hawk or `lo may on rare occasions be seen in this area. Accordingly, it does not appear that this proposed development would have any significant impact, if at all, on the floral and fauna resources in the area. E. Historic/Cultural/Archaeological Resources On July 19, 2004, Paul H. Rosendahl, Ph.D., Inc. submitted a request for a "No Historic Properties Affected Determination" to the State Historic Preservation Division. This request, attached as Appendix A, was based on a field inspection of the site. The field inspection concluded that "No archaeological remains of any kind were identified...." Nonetheless, during the course of further improvement to the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Valued Cultural Resources 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. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site does not appear to have any unique plant species, it would appear unlikely that the site would serve such purpose today— In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicants intend to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located about a mile from the coastline. As such, coastal impact resulting from discharge of wastewater systems from the site should not be significant. Further, being a non -coastal property, no coastal access will be affected. Wastewater from the project will be serviced by sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool, septic tank or related system. H. Noise, Air Quality, and Dust Ala Kahua Drive serves as the main access to this project. The existing ambient traffic level in this area is very low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of the infrastructure (such as water service lateral and driveway access improvements) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quali impacts. The only discernible air quality impact would be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one additional unit. Further, with higher EPA standards for automobile air emissions, the air quality impact should not be significant. __As,such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise, will have to comply with the State Department of Health's regulations. 0 Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, there are a few examples cited in the Kohala area. The most notable is the coastline view from the Akoni Pule Highway. In this situation, the proposed development would not have any visual impact of this coastline, as it is located mauka of the Highway. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural in nature. There are a few residences in the area. There is also a botanical garden (Pua mau Place) located on the south side of Ala Kahua Drive, approximately 500 feet from the subject site. A Special Use Permit (SPP 97-6) was issued in 1997 for that project The site is bounded on 2 sides (north and east) and partially on the south side by lots zoned A -3a. A few lots on the southeastern side, including the Pua Mau Place, are zoned A -20a. The subject and a few other parcels to the west are zoned A -5a. (Figure 4) The subject site is part of the Kohala Estates Subdivision. North of this subdivision is the Kohala Ranch subdivision, while the 1 -acre lot subdivision called Kohala By The Sea is located to its south. The village of Kawaihae is located about 3 miles to the south, where there are urban type of uses. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural -residential - agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized for agricultural activities. Further, there will be some small short-term construction activity related to the construction of the required infrastructure and eventual EF farm dwelling. And these could help, albeit in a small way, the area's construction economy. C. Agricultural Impacts As noted earlier, the site has been not been used agriculturally. The applicants believe that by subdividing and subsequently conveying - instead of renting - one of the lots to an individual, the farming potential of both lots would increase. As such, this project would not diminish the site's agricultural potential. It would actually enhance it. The site would be more manageable from a size standpoint (3 versus 7 acres). In the end, the applicants' proposal could help foster the agricultural objectives by making available reasonable -sized agricultural lots in the area. VII. INFRASTRUCTURE CONSIDERATIONS A. Road The site fronts Ala Kahua Road Drive, at approximately .5 miles from its intersection with the Akoni Pule Highway. This private road has two (2) lanes with a combined width of 22-24 feet within an 80 -foot right-of-way. There is a modified channelized intersection with a left turn pocket at the intersection of Ala Kahua Drive and Akoni Pule Highway. Given the projected volume of traffic to be generated by this project and the existing level of roadway improvements, no additional improvements would appear to be necessary. B. Water A private water company, Kohala Ranch Water Company (KRWC), provides potable water to the subdivision. As found in Appendix B, the applicants have a commitment for 1,200 gallons per day. - ___ For residential purposes, the County Department of Water Supply uses a 600 gpd per unit guideline. Based on the projected maximum 2 dwellings on the site, there would be sufficient potable water. I1 C. Wastewater There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done in conjunction with the issuance of a building permit for the additional dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA -3a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. It should be noted that the applicants intend to retain whatever vegetation on the site and use if for composting. Thus, waste from this project would be pretty much limited to the equivalent of a maximum two (2) dwellings. E. Other Government Services The nearest fire station is located in South Kohala, near the resorts, approximately 8 miles away. There are fire and police stations at Kapaau and Waimea, located approximately 16 and 15 miles, respectively. Public schools are available in Waimea, Kapaau, and Waikoloa. Waikoloa is approximately 15 miles away. The shoreline parks of Mahukona and Spencer are located about 8 and 5 miles away, respectively. Although the subject site is not located closer to these services, these services must still be provided to this area given the existing Kawaihae urban uses (including the harbor) and the rural/agricultural subdivisions in this general area. As such, this project would not necessarily require the extension of any government services. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivitv 12 If the request were denied, the short-term use of the site would probably continue in its residential use. The applicants could eventually construct an additional farm dwelling on the site and start a farm. However, that might not fully realize the agricultural use of the property, given the size (7+ acres) and soil characteristics of the property. Given the rural (A -fa) character of the adjoining Kona By The Sea Subdivision, there may be pressures for the subject property to be .similarly "ruralized" and developed into houselots. And from an agricultural perspective, a residential subdivision may not be the most feasible use of the site. From a long-term productivity standpoint, then, the proposed 2 -lot subdivision would provide a heightened level of possibility in having the land used for a more intensive agricultural activity. B. Irreversible and Irretrievable Commitment of Resources Due to the type of vegetation on the site and the findings of the archaeological fieldwork, the project should not result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has been classified "E" or "Very Poor" by the Land Study Bureau, representing poor agricultural potential. Notwithstanding that designation, with a lot of hard work and some water, it does have agricultural potential. It is thus maintained that the creation of the 2 -lot subdivision should foster and enhance, instead of removing this land in perpetuity from its future agricultural potential. C. Mitigative Measures The applicants intend to make infrastructure improvements, if necessary, consistent with the subdivision process. And if construction is required, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated—archaeological finds be discovered in _ conjunction with any further development of the site, work will stop (as` is required by the State and County) and clearance secured before work is resumed. There is no known drainage way on the property. Any and all required grading or grubbing work will be done in conjunction with the required 13 permits and/or SCS Agricultural Plan. This is to assure that the further development of this site does not adversely affect the drainage of surrounding areas and properties makai of the subject site. D. Alternatives to the Proposed Project 1. No Proiect Under the status quo alternative, the site will probably not be used for agricultural activities, even on a marginal basis. The property will probably continue to be rented, and there would be less of an incentive to farm the property. The site could also be sold to one who may be interested in farming the site. However, it would be equally possible to have the land sold at market price and used only as a residential lot. Given the present mixture of land uses and lot sizes in this area, the site may not be utilized to its fullest agricultural potential if the land is not subdivided to create more manageable -sized lots. 2. Alternative Density Under this alternative, the applicants could seek a more intensive zoning, such as FA -1a zoning. This zoning category would arguably be consistent with the adjoining A -1a zoning of the Kohala By The Seas subdivision. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or ornamental farming in this area. 3. Evaluation of Alternatives The project's impact to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address -any possible impact associated by the subdivision of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. 14 In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA -3a alternative. The net effective density - given the prospects of an additional farm dwelling - between the current and proposed zoning would be the same. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Extensive Agriculture. This designation allows the requested FA -3a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it would provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of creating a potential for more agricultural use of the property. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns for new structures on the property. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil - - pollution, solid waste disposal and -noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. 15 This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the potential farming operations. In that event, any noise -generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as an agricultural processing plant, as, if needed, it would be more economical to send future agricultural products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. Based on the field survey, the site does not appear to have any historic sites. Nonetheless, work will cease if unanticipated archaeological remains are discovered while continuing its farming operations. Work will resume only after proper clearances from the State and/or County have been received. Likewise, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the FA -3a zoning would allow a fulfill the objectives of the housing lot. residence, the project will indirectly element by creating an additional The Plan also emphasizes that developments be mindful of an area's natural beauty. The concern is more of the views of the coastline from Akoni Pule Highway. In this situation, the subject property is located mauka of the Highway and should thus not compromise this objective. As the _project site_is nearly a mile from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of cesspools or septic system or other acceptable form of wastewater system, impact to the coastal water will be minimized. In There will be little impact to public facilities. The wastewater system will be private. The additional water meter will be installed in a manner meeting with the requirements of the Department of Water Supply. The applicants and not the County will improve vehicular access to the site. Schools and other public facilities, while located an average of 15 miles away, already service this general area. As such, this project will not result in an extension of heretofore unavailable services. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • 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 • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural -style residential -agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of — ,=_-- communities meeting the needs-of=it-,residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. 17 In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Extensive Agriculture designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are A -1a and A -3a zoned properties adjacent and/or proximate to the subject site. Although the soil of the site is classified "E" or very poor, it does have limited agricultural potential, particularly if water is made available. This subdivision would create a greater opportunity to enhance the agricultural use potential of the site. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoninq and Subdivision The designated zoning of the site is A -5a. Should the FA -3a zoning be approved, the requirements of the zoning and subdivision codes would be complied with, including use and related development standards. D. State Land Use Agricultural Standards As the requested lots will be more than 1 -acre, the request would not, in principle, violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 18 RuF, Oq Od 1t:O2a iimi Conk - ialaIis aoe p.2 Paul H. Rosendahl, Ph.D., Inc. Historical • Culiurof Resource Manos+ement Studies & Services 224 CVoianunnua Avenue • Hilo. Hxwav i 4 ------_-- - -- P.O. 8nx 23,105 • G.M.F,. Guam 96921 Letter 2436-071904 Holly McEldowney, Ph.D. Division Administrator State Historic Preservation Division Department of Land and Natural Resources Kakuhihewa Building, R.00rn i:51 601 Kan.okilaBoulevand Kapolei, Hawaii 96707 3 (808) 969-!763 - FAX (808k 961-6)98 ;671) 472-3117 - FAX (671) 4;.-7131 Subject Archaeological Assessment Survey for SHPD Determination of "No Historic Properties Affected" -ot 59 - Kohala Estates Subdivision Land of Kama tad, North Kohala District I sland of Fawai`i (TMK:3-5-9-06:5) Artervion: Hawaii Island Archaeologist Dear Dr. McEldowney: July 19, 2004 At the request of our client, Ms. Kitni Cook -`galls, I am submitting for your review , and approval the enclosed copy of PHRI Report 2436-071504, an Archaeologicai Assessment S,trvey for SHPD Determination of "No Historic Properties Affected" for Lot 59 of the Kohala Estates Subdivision., Land of Kahua 2nd. Porth Kohala District, Island of Hawaii. ff you have any questions or comments, or need arty additional information, please contac^ me at my Hilo office (808-969-17633). Sincerely yours, Paul H. Rosenda 1, Ph.D. President and Principal Archaeologist Encl, P.. PHRI Report 2436-071504 B. SHPD Submittal Sheet (w1check) C—PHRLInvoice 2436-071904 G: Mar-yArine Nlaigret — SIiPD (K.)ra Office) (w Bnclosare A) Kimi Cook -'galls (v,vEncicsure k and C) Aug 04 0,* 11a02a Ktm1 Cook -Wei 11s 80e at'n..7759 p.3 PHRL Paul H. Rosendathl, Ph.D., Inc. Archoeolog.h of • Histortral - Cultural Resource Ma7agement Sttd,es & Services 124 'Naianvenue ?.xecue Hiio, Hawai' 76720j$0$) 549-1763 FAY X80$) 9b1-699$ P.Q. Sox 23305 • G.M.F.. Guam 96321 • '671) 471;.311 FAX .;671) 472-313! Report 2436-071=04 July 15, 2004 REQUEST TO STATE HISTORIC PRESERVATION DISTSION FOR DETERMINATION OF "NO HISTORIC PROPERTIES AFFECTED" Lot 59 - Kohala Estates Subdivision Land of Kahua 2nd, North Kohala Drstr:cr Island of,Yawai'i (T.VK.J-.S-9-0651 Prepared by Paul H. Rosendahl, Ph.D. PHRr - Hilo, Hawaii Introduction At the req -,est of Ms. IC.imi Gook -Walls, Pau' H. Rosendal:l, Ph.D., Inc_ (PHRI) conducted an archaeological assessment survey of the approximately 7 416 ac s'abje::t parcel (TMK Parcel 5; Subdivision I-ot 59), which is situated on the north side of Ala Kahua Drive in the Kohala Estates Subdivision, Land of Kahua 2nd, North Kohala Distnct, on the leeward side, of the Island of fiawai'i. This survey was conducted in connection with development planning and subsequent permit applications that would be made to such agencies as the Hawaii County Panning Department, Hawaii Ccun y Department of Public Works, and/or the Hawaii Stave Department of Laid and t,latural Resources Survey Objectives and Scope of Work The basic objectives of the assessment survey would be to detenuiue the following: 'd) the generai nature, extent, and potential significance of any archaeological -historical remains that might be present, (b) the historic preservation implications of any such remains t'or the feasibilav of any proposed future development; and (c) the general scope of worJr. and level of effort for any subsequent archaeological --historic preservaticn work that might be appropriate and/or required, T:oe ultimate objective of any such subsequent work would be to comply with all current historic Dreservador rcciuiremenrs cf tae Hawaii State Historic Preservation Division (SHPD1 and the Hawaii County Planning Department (HCPD). Bused on infer motion provided by Ms. Cook-b'valls, a prelituinary review of Pror archaeological work done �c1'bin the genaral vicinity of the 40ject project area-inc.'uding several Projects conducted by PHRi in recent years for the Kohala Ranch, Kohala Bay Estates, and Kohala Witerfrout development projects, anis our familiarity with both rhe general project area and the current regulatory review requirements of the SIIIaD and thn Hawaii County Planning Department, the following scope of work was determi-ied to be appropriate to- the proposed Assessment survey ___ __ 1. C'�nduct appropt-,ate baekgrourd z•egex and_reearch; Mibtl;zarion-including all field work preparations, li.ld crew travel and demdoih2ation; Rug 04 04 t; .o2a Kr. ent ?; :_, irk - Wall T 600 892-7759 � ..q. PH'RI Report 2436-07 1 104 3. Conduct variable intensity, 100% coverage, pedestrian surfece recert- raissance fieldwork only of the subject proiect area; 4. Conduct post -field analysis of field and other data; _. Prepare a written assessment survey report—including description and evaluation of assessment survey findings, and a scope: of work and cost cstimatc for any additional archaeological work that might be required by various regulatory agencies in connection with any development; and 6 Coordinate and consult with client, client representatives, agency staff, etc. (as appropriate and/or required). Based on our knowledge of the status and past land use history of the subject project area and is immediate vicinity, the likelihood of encountering potentially siimficact archaeoiogi_al- histo; cal resources seemed to be very low. Based on the documentation to be provided un the report on the proposed assessment survey, it was believed likely we could request of and receive from SHPD a foram determination of "no historic properties affected" for the project area in accordance witi the general guidance provided by Chapter 284. Section 5(b) of the SHPD Rules and Regtuations (EAR Title 13, DLNR; Subtitle 13, SHPD) (effective 12J11103) for the subject project area. Such a determination should Satisfy the historic preservation review requirements of the SI4PD and the Hawaii County Planning Department. This preliminary evaluation was made with true qualification that it is always possible—no macer hot; unlikely, tflat potentially significant resources requiring subsequent additional work sight be encountered during the assessment survey fk�ldwcrk. Project Area Description The project area consists of approximately 7.416 acres of open, undeveloped ranch lard located on the dry, lower leeward slope of Kohala Mountain, c. 2.5 miles northwest from Kawaihae Village on the west side of the Island of Hawaii. It is situated c. 0.67 miles inland from the coast, and immediately north of and adjacent to AN Kahua Drive in the Kohala Estates Subdivision in the Land ofKahua 2"a, North Kohala District (see Figure 1, at end). The project area is located in the lower elevation, coastal part of the North Kohala District, an area geologically dominated by the highly weathered andesttic and trachyte lava :lows of the Hawi volcanic series of Pleistocene volcanic rocks of Kohala Volcano (Stearns and Macdonald 1946:178). The physiographic type of landform is Waiaka Slightly Dissected 'upland, whit h is characterized by slopes cut by widely spaced erosional gullies (Aunstrung 1983:37). The specific project area terrain consists of gently undulating tableland that rises somewhat regularly in elevsticn from c. 340 ft at the southwestern, seaward corner of the property, to c. 400 ft at the northeastern, inland corner. The surface of the p-Oiect area has been cut by se oral shallow erosional gullies -dry at present, but which obviously carry periodic storm rwioff. The soil within the general project arez is included in the Kawaihae association c l maderutely deep, gently sloping to steep, somewtrat excessively drained soils (Sato er _il. 1973'6). More specifically, soil in the project area consists cf Kawaihae extremely stony very fine sandy loam (6-12% slopes), representing the Kawaihae series o`.'somewhat excessively drained, extremely stony soils chat have formed in volcanic asb, are generally found on coastal plains from sea level to 1,500 It, and are moderately permeable, with mediurn tun -tiff, and a moderate erosion 11a2a1-0. These soils are typically used for pasture, wildlife habitat, and recreation areas (Sato et al, 1973.26). Annual rainfall averages- less thaw ten inches, and the mean annual temperature is aoprosinnateiy i2.__de, reel_ ',,_(Armstrong 1986:63-4). `iegetarior. within the project area is extreme,), limited, and ttDimits almost entirely of a lour cov:r of ch'y kris cf aii dnr—ue irtd species. No speciirens of any definitely identified indigenous or prehistorically introdaced vegeration were observed. `WV,, 04 04 11e04a Klnii Coale. -Walls qO8 892-7'759 p,5 PriR1 Report 2436-071504 A'hile the general vicinity was historically witized for ranching—i.e., for extensive -gazing o!" cattle, the unaltered ground surface and natural terrain of rhe project area indicated that no attempts had been made to create any improved pasturage by mechanical means (grabbing and/or grading), The only evidence of any mechanical alteration was the prose: ce in the extren-e north corner of the project area of a remnant pile of rough stones and bmkeu :oral cobbles used as base course material for the construction of the immediately adjacent paved subdivision roadway. Background !background research conducted before inspaction fioldwerk consisted of the review of reports on archaeological work previously conducted within and adjacent to the immediate general Licinity of the project area. The principal references which were consulted documented work conducted in the inland portion of the immediate region, and included a repo; on a limited survey within a portion of the Kohala Estates Subdivision (Sinoto 1919) and reports on severtii sunro}s and limited excavations carried out in the Kohala kam:F� Development project a.rsa mmediately adjacent to 'he north (Corbin 2003; Hammett and Borthwick 1956, 1937, 1990). Additional references which vrrre consulted documented work conducted in the coastal portion of the immediate region, and included reports on both surveys and data recovery excavations (Corbin 2000, Graves and Franklin 1'>99, O'Hare and Goodfellow 2999). Finally, several references dealing with the broader region of western Kohala were also consulted (Rosendabl 1972 1994; Tuggle and Griffin 1973) The general set -dement patterns for traditional Hawaiian oce-lpation of he dry leeward lands of Kohala between Upola point on the north and Kawaihae on the south can be characterized as follows: The area of aboriginal Hawaiian occupation can be divided into three major zones (1) the narrow coastal habitation zone associated with 'he exploitation of marine resources; (2) an open, sloping intermediate zone, with shallow soil and grassy vegetation, and little evidence of human occupation other, tban tae foot trails which linked the coast with the uplands; and (3) (the] extensive, gently sloping upland zone with. substantial surface stone remains of habitation structures and rectangular [dryland] agricultural field unit, (Rcsendahl 1994:20). Based on this general model for settlement patterns and on t -,-Ie findings from several surveys and limited excavations conducted in the Kohala Ranch Development project area u:mediately adjacent to the north, aad the location of the project area within the mid-portion of the intertrtediate zone of traditional Hawaiian occupation, it was believed likely that little or nothing in the way archaeological remains would be present within the project area—with the possible exception of some evidence of very transitory and limited use in the form of a foot trail and/or associated rernporary habi'ation shelter structures representing the mevement of people berwecn the ceasta' habitation zone and the: upland agricultural zone. Field Methods The :ieid inspection was carried out on July 3, 2004 by PHR1 Principal Archaeolo,ist Dr. Pau' H. Roser.dahl. Variable intensity sm-face coverage insoec:ior. fieldwork was conducted by means of pedestrian ground survey traverses. Cround visibilityvaried from generally fair to good. Assessment Survey Results and Conclusion No a:c:taeological remains of any kind were identified duriag the field inspection. While the general arcs of the inspection may at some ti :e Have been crossed by people moving becveen the coastal habitation zone ar..d the upland agricultural zone., no ohys,,cal remains of any such transitory occuuaticm were encountered. -- - --- - =-_ Based on the negative resulU of tho asscssinent survey fieldwork, it is my professional opinion that (a) no sigi.iflcant historic sites are like?y to be present within the subject project nug, 04 OPV 1.1: Dia Kim] uook-W; t13 ijce es?= 71!59 PHRI Report 2436-071504 area—most likely because its intermediate :cone location and the traditional patterns of settlzment within such an area, and (b) no iumaer historic preservatio❑ work of any kind is needed. . Furthemlore, based or the negative results of the assessmen.: sarvey fieldwork, it is believed appropriate fcr the SHPD to prepare and issue, a written determination of "no historic properties affected", in accordance with the general guidance provided by Chapter 284: Section 5(b) of the SHPD Rices Pertaining to the Historic Preservation Review Process (HAR Title 13, DLNR: Sabttle 13, SHM' (Effective 17".1'03). References Cited Armstrong, R.V. (ed.) i?'3 Arlas ofHawcir... Fonolulu: University of Hai-vaii Press. (Second edition) Corbin, A.B. 200C Archaeological Data Recovery at Kohala Makai-I Project Area; Land of W.--ika, North Kohala District, Island of Hawaii. PHRI Report 2034-0801 D0. Prepared ror Kolrata Waterfront Joint Venture. (Augur!) 2003 Additional Archseoiogical Inventory Survey, Proj.ct IV of Kohala Rarch Development. Lands of W'aika, and Kahua 1 and 2, tierth Kohala Dir.trict, Isi3nd of Hawaii. PHRI Report 7302.061103. Prepared f r Kohan a Ranc,`. LLC. ('u:v) Graves, D.K., and L.J. Franklin 1999 Archaeological Inventory Survey; Kahua Makai/Kahua Shores Coastal Parcels; Lands of Kahua i and 2 and Waika; Nortt Kchala District, Island of Hawaii. PHRI Report 1024-081899. Prepared for Gentry Hawaii, Ltd. ',August) Ilammatt. U.H., and D.K. Borthwick 1986 Archaeological Survey and Excavations at Kohala Ranch, North Kohala, Hawaii Island. Cultural Surveys Hawaii. Prepared for Kohala Ranch. 1987 Archaeological Reconnaissance of 1,238 Acres for a Proposed Residential Coaunun:ty, Kohala Ranch, North Kohala, Hawai: Is;and. Cultural Survevs Hawaii. Prepared for Kohala Joint Venture, 1990 Archaeological Reconnaissance of Gulch Ase&s within 1,314 Acres of K,�hala Ranch, North Kohala, Hawaii. Appended to Archaeological Reconnamanc: of 1,314 Acres fer a Proposed Residentiai C.omtnuoity, Kohala Ranch, North Kohala, Hawaii by Hammatt and Borthwick, March 1987..CUItUral Snrvevs r-iawaii_ Prepared for Kohala Joint Venrure. (May; revised April 1991) O'Hare, C.R.. and S.T. Goodfellow 1959 Archaeological Mitigation Program: Data Recovery Excavations, Site 50-10-OS- 4)IS,Kahua Makai/Kahua Shores Coastal Parcels; Land of Kahua 1, Nonh Kohala District; Island of Hawaii. PHRI Report 1572-081799. Prepared for Cenmy Hawaii, Ltd. (August) Rusendahl, P.H. 19 2 Aboriginal Agrictature and Dotnesdc Residence Patterns in Upland Lapakah,, T sland of Ha'.vaii Ph.D. dissertation, (Anthropology), University of Hav:aii- M ana a. Rug 04 04 11: o`ra Kimi Co o P,-tJa I1r gob af3n p.7 PFIRI Report 2436-D71504 1994 Aborignai Hawaiian S ructural Retrains and Seniement Patterns in the Upland Agricultural Zone at Lapakahi, fsland of Hawaii.:Yax:aii;u, frcl:aeoln y 3: I4-70, Society for Hawaiian Archaeology. Sato, FUI, W. Ikeda, R. Paeth, R. Smythe, and M. Takehira. Jr. I913 Soil Survey of the Island of Hawaii, State of Hawaii. U.S. Department of Agr.ctumre-Soil Conservation Service and thN Univ. of Hawaii Agri. Experiment Station. Gm arnmeat Priating OffIre; Washington, D.C. Sinoto, A. 1979 Archaelogieal Reconnaissance Survey of a Proposed Road C01TIjOr ir: the Kohaia Estates Development, North Kohala, Hawaii, Manuscript. Dept. Anthro., B,P. Bishop Museum, Honolulu, (November) Tuggle, H.D., and P.B. Griffin (editors) i973 Lapakahi, Hawaii: Archaeological Studie3..4slan and pactfic,IrchaeologySeries No. 5. Social Science Research Institute, University of Hawaii-Nlanoa, Stearns, H.T., and G.A. MacDonald 1946 Geology and Ground -Water Resources c` the Island of Nawaii. Hawaii Di:isron yydro;;rophy Bullelm 9. Hl.lg 0.4 C!4 11:0'7a Kimi "nck-Wnlls ROB 9F"'..'7.759 P . 0 PYIPd K epoa 21'36-0")1 504 6 w G wnA LQ l � -All 11A j�✓EALIMEM'J+ � /P�HUw J.�� 4\ "\.. O ,\•_ �✓ "i � AIAp lO CITIUhI �. a J ^� i ___ ea e rZ`"�'�tcg ! j 1 , PROJECT LOCATION _ I, K3iaP3e?Jin( ,�_ aPr ' •n 1 ' 1, b 1 ity aaou i �% i ,�r' -` y�G 1 (PORTION OF 1995 KA 7.5' �J QUARAN^u LE MAP,, "KAYYAIHAE, HI") Figure 1. Project Area Location Map Jul 14 04 02:51p Kimi -ook-Walls F;7/1 A/201i4 14:X18 Ousnsl' KCHi#.R FANC:H July 13, 2004 Mr. & Mrs. Beb Walls 59-458 Akaka Place Kamuela, ,Hawaii $6743 Re: Dear Mr. & Mrs. Hall, SOB `)P'1-7755 PAGE BI/el KOHALA RANCH WATER COMPANY .59"916 Kohala Ranch Road Ranuela, Hawaii 96743 Telephone: (608) 88).1081 Kohala Ranch Water Co. (KRWC) has obligated to provide each original Kohala Estates Lot with the equivalent a. -noun of water commitment (600 gpd) necessary for 3 -acre subdivision. Therefore, KRWC will provide two (2) commitments to the subject praperty, or 1200 gpd. KRWC's records indicate that the purchase of these commitments has not occurred, and that to remain consistent with other such neighboring subdivisions a fee of 5360.00 will be required for this acquisition. Pursuant to your request, please accept this letter as XRWC's conunitment to provide ,nater service to the subject property in the amount necessary for subdivision, or 1200 Bpd• Wally Campbell DCPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII 7 u } DATE:December 10, 2004 Memorandum TO %" Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief✓ Q Engineering Division SUBJECT Change of Zone Application (REZ 04-032) Applicant: Kimi Cook -Walls and Robert Walls Location: Kahua 1st, N. Kona, HI TMK: 3 / 5-9-006:005 We reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. 4. All roads within the Kohala Estates subdivision are private. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. copy: ENG-HILO/KONA PLNG-KONA LINDA LINGLE GOVERNOR �r MEMORANDUM DATE: December 17, 2004 (SIA. STATE OF HAWAII DEPARTMENT OF HEALTH PO. 80X916 HILO, HAWAII 96721-0916 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno k"` District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 04-032) Applicant: Kimi Cook -Walls and Robert Walls Request: A -5a to FA -3a Tax Map Key: 5-9-6:5 CHIVOME L. FUKI NO, M.D. DIRECTOR OF HEALTH 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); 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. EXHIBIT Christopher J. Yuen Page 2 December 17, 2004 C. Discharge of treated effluent from leaking underground storage tank remedial activities; d. Discharge of once through cooling water less than one (I) million gallons per day; e. Discharge of hydrotesting water; f. Discharge of construction dewatering effluent; g. Discharge of treated effluent from petroleum bulls stations and terminals; h. Discharge of treated effluent from well drilling activities; i. Discharge of treated effluent from recycled water distribution systems; I. 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/ewb/forms/genI-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 http_://wwwstate. 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. WORD RLZ04-032.my `idneyFuK@, Hanning Consultant Tel Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 •Fax: (808) 969-7996 December 20, 2M tri r) z.. Mr. Christopher Yuen, Director C; Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: ",3OR Subject: Rezoning Request (REZ 04-032) — Kimi Cook -Walls Kohala Estates, North Kohala, HI, TMK: 5-9-06: 005 • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports Thank you for providing me with a copy of the Fire Department and Police Department's comments regarding the subject matter. We note that neither the Police nor the Fire Department had objections to the request. Please note, however, that the normal Fire Department requirements on fire access, hydrants, and related fire protective measures will be done during the subdivision approval process. Relative to the Department of Environmental Management's comments, the applicants plan on retaining all subdivision construction -related material on the site. As such, the subdivision should not generate any additional impact on the County's solid waste system. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. W rel Vv SIDNEY M. FUKE Planning Consultant Copy — Mr. & Mrs. Robert Walls w/ enclosures EX�jIBT' ��.____1, olC llE'.'y' Like, Rart,mg CorsUltart 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 telephone: (808) 969-1522 • Fax (808) 969-7996 ' �'F irr l� ^•r r •� e in December 29, 2004 t-. Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 04-032) — Kimi Cook -Walls Kohala Estates, North Kohala, HI. TMK: 5-9-06: 005 • Planning • Variance • Zoning Subdivision • Land Use Permits Environmental Reports 2 i5 Thank you for providing me with a copy of additional agency comments to date regarding the subject matter. I note that neither the County Civil Defense nor the State Department of Land and Natural Resources — Land Division had objections or comments on the request. Relative to the Department of Public Works' comments, there does not appear to be substantial on-site work required to consummate the subdivision. Nonetheless, any improvements done on the site will adhere to the requirement of a) securing appropriate grading/grubbing and related (i.e., NPDES or UIC) permits; and b) retaining on-site generated runoff on site. The Department of Water Supply correctly noted that the water system is a private. As noted in the application, the applicants already have the required for the proposed 2 -lot subdivision. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. Sincerely, SIDNEY M. FUKE Planning Consultant Copy — Mr. & Mrs. Robert Walls w/ enclosures RCook-Walls-REZ04-032.jwd 01-28-05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KIMI COOK -WALLS AND ROBERT WALLS CHANGE OF ZONE APPLICATION (REZ 04-032) 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 the Change of Zone request from Agricultural 5 -acre (A -5a) to Family Agricultural 3 -acre (FA -3a) be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone to change the district classification from Agricultural 5 -acre (A -5a) to Family Agricultural 3 -acre (FA -3a) for 7.74 acres of land. The applicants plan to subdivide the property into two lots of approximately 3.7+ acres each. This would allow the applicants to retain one parcel and sell the other parcel, which would include the existing single family dwelling. The Change of Zone request from Agricultural 5 -acre (A -5a) to a Family Agricultural 3 -acre (FA -3a) zoned district will conform to, among others, the Land Use, Agricultural and Economic elements of the General Plan: 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 proposed request will conform to, among others, the following Land Use, Agricultural and Economic elements of the General Plan: Land Use Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. Agricultural Rural -style residential -agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. Economic Provide residents with opportunities to improve their quality of life. The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. The applicants have expressed the desire to subdivide their property to allow them the opportunity to retain one parcel for them and to sell the other with the existing single family dwelling. This will allow the applicants to build their new home but also create the opportunity for them to do a small scale orchard and/or ornamental farming in their retirement years. By subdividing the selling, instead of renting, the potential for farming on both lots will increase. 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 areas within the County. The subject area is designated Extensive Agricultural. The applicant's request will not diminish the agricultural uses on the property and will remain consistent with the General Plan's designation for this area. 'The surrounding lands are located within the State's Agricultural District and in the County's Agricultural zoned district. The proposed action would be consistent with -2- the surrounding area, as many of the lots surrounding the subject property are zoned A - 3a. A portion of the property has been improved with a single-family dwelling. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500 -year flood plain. The property 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. Given the soil conditions within the property and surrounding area, the area has a limited suitability for agricultural use. The Change of Zone request from Agricultural 5 -acre (A -5a) to a Family Agricultural 3 -acre (FA -3a) zoned district will conform to the North Kohala Community Development Plan (CDP). The North Kohala Community Development Plan (CDP) was adopted by Planning Commission Resolution No. 2-84 on September 25, 1984 to guide future developments within North Kohala. In the Agricultural element of the CDP, a recommendation is to "encourage the use of smaller scaled agricultural lots...." The CDP also states to "encourage more intensive use of North Kohala's agricultural resources through the subdivision of selected agricultural lands into smaller and more manageable parcels." The Land Use Concept Guide Map of the North Kohala CDP designates this area for Small Scale Agricultural (PUD). The proposed FA -3a zoning would be in conformance with the North Kohala's CDP land use strategy planned for this area. The A -5a acre lots in the area were previously Unplanned (prior to 1996). The Unplanned zoning was the original zoning designation for this area. The A-3 zoned lots were subsequently rezoned from Unplanned or A -5a to A -3a. There have been numerous properties that have been rezoned to 3 -acre zoning in the immediate area, which fits with the pattern for this area. All utilities and services are available to the site. Access to the two proposed lots is from Ala Kahua Drive, which is a paved two-lane private road with a 22 -foot pavement width within an 80 -foot right-of-way. Ala Kahua Drive intersects with the Akoni Pule Highway approximately .5 mile to the west. Water is available from a private -3- water company, Kohala Ranch Water Company (KRWC). As there is no municipal sewer system in the area, the applicant will be required to dispose wastewater into an individual wastewater system meeting the standards and requirements of the State Department of Health. Electrical and telephone services are available to the site. Police services are located within Kapaau, approximately sixteen (16) miles from the property. Fire services are located on Queen Kaahumanu Highway at the Mauna Lam substation, approximately eight (8) miles from 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 '/z mile 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 a portion of the property has been developed with a single-family dwelling and the unimproved area of the site consists primarily of buffet grass, pili grass and kiawe trees, 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. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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: -4- An Archaeological Assessment Survey conducted by Paul H. Rosendahl, Ph.D. of PHRI, along with a request to DLNR for a determination of "No Historic Properties Affected" dated July 15, 2004. No formal floral or faunal study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: Based on the assessor's knowledge of the status and past land use history of the subject property and its immediate vicinity, and based on the negative results of the assessment survey fieldwork, Rosendahl concluded that it was his opinion that (a) no significant historic sites are likely to be present with the subject project area, most likely because of its intermediate zone location and the traditional patterns and settlement within such an area and (b) no further historic preservation work of any kind is needed. Possible adverse effect or impairment of valued resources: 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 immediate area. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed request will not affect traditional Hawaiian rights, and no action is necessary to protect these rights. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -5a) to a Family Agricultural (FA -3a) 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 & South Kohala District 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- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO FAMILY AGRICULTURAL 3 -ACRE (FA -3a) AT KAHUA 1sT NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-6:5. 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 Kahua I`, North Kohala, Hawaii, shall be Family Agricultural 3 acre (FA -3a): Beginning at a %" iron pipe found in concrete for the Southwest corner of this herein -described tract of land, being the Southeast corner of Lot 60, being on the North side of Ala Kahua Drive, an Eighty (80) foot wide roadway and the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PILI' being 15,720.855 feet South and 28,589.348 feet West and running by azimuths measured clockwise from true South: 1570 56' 40" 881.94 feet along said Lot 60 to a found %" iron pipe in concrete; 2. 2470 15' 40" 193.18 feet along Lot 62-B to a found %" iron pipe in concrete; 3210 26' 00" 998.29 feet along Lot 762-C and Lot 762-B to a found %" iron pipe in concrete; Thence along said Kahua Drive on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: -I- 4. 760 38' 01" 482.41 feet to the point of beginning and containing an area of 7.740 acres, more or less. 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 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. SECTION 4. This ordinance shall take effect upon its approval. Hawai ` i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- A a A -3a - A -3a / II — Kohala ai PI. m d _i A -3a o - -- -- —�/ - Z Aa J LL 00///AGRICULTURAL (A -5a) '0� TO FAMILY AGRICULTURAL (F, 7.740 Acs. JA3a — fv`2 t � A- a� A -5a RS -15 A -5a A -3a A -3a --_5_a J�O A-3a m A-S� A -3a I 9 � N� A -10a d� Gd O A --3a -�----------- ------ ---- LA A a I A -5a Akonq Pule Hi _ A -20a A -40a A -3a —� — A -40a 55 S \yam H le a AMENDMENT TO THE ZONING CODE) AMENDING SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP) AND 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASS IFICATIONFROM AGRICULTURAL (A -5a) TO FAMILY AGRICULTURAL (FA -3a) AT KAHUA 1st, NORTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 5-9-006:005 FXI-IIRIT "A" Date November 17, 2004 i P P T \N \NAI I S119A CCook-Walls-REZ04-032.jwd 01-28-05 KIMI COOK -WALLS AND ROBERT WALLS CONDITIONS OF APPROVAL CHANGE OF ZONE APPLICATION NO. 04-032 A. The applicants, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, 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. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of this change of zone ordinance. D. Restrictive covenants in the deeds of all proposed lots within the 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 owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planing 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. All driveway connections to Ala Kahua Drive shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. F. All grading and grubbing activities and drainage improvements shall meet with the approval of the County Department of Public Works. G. A drainage study of the subject property, if required, shall be prepared by the applicants and submitted to the Department of Public Works for review and approval, prior to submittal of plans for subdivision review. Drainage —1— improvements, if required, shall be constructed meeting with the approval of the Department of Public Works. H. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. J. 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 Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigative measures have been taken. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I . The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, 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. —2— 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). N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. —3—