HomeMy WebLinkAboutCOM 0308.000 2004-2006 MtY Oi x~i
Dixie Kaetsu
Harry Kim
Mayor ' • Managmg Director
e,;~, Peter L. Hendricks
.n oi'M~'~ Deputy Managmg Dbector
COUNTY OF HAWAII
25 Aupum Street, Room 2 U • Hilo, I Iawail 96 720-4 2 5 2 • (R08) 961-8211 • Fax (808) 961-6553
KONA- 75-1706 Kuakfm Highway, Suite 103 Kailua-Kona, Ha~yai'i 96740
1808) 329-5226 Fax (R08) 326-5663 ' -
June 8, 2005
Honorable Stacy Higa, Chatnnan
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
,iState Land Use Boundary Amendment Application (SLU OS-001)
Request: Agricultural to Rura]
Change of Zone Application (REZ OS-00] )
Request: A-Sato RA-2a
Applicant: Tooman Family Trust; Marc R. Rice Revocable Living Trust;
Patricia P. Rice Revocable Living Trust
Tax Map Key: 6-2-9:26
County Council Bill No. 23 (Draft 2)
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,
I` '
A
~'~~E.
Harry Kim
~ Mayor
L052005
Enclosures tltl
cc: Planning Department Comm. No. DO
Ref. To:
L Q_p tt'yXi~~~r HawaPi County is an l3qual Opportunity Employer and Provider (Zaf~ Dcte, JUN~~
.ri~S
l~ • • .4
County of Hawaii
PLANNING COMMISSION
Aupuni Censer • 101 Pauahi Street, Suite 3 • }{ilo, Hawai `i 96720
Phone (R08)961-8288 • Fax (808)961-8742
Sune 8, 2005
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
State Land Use Boundary Amendment Application (SLU OS-001)
Request: Agricultural to Rural
Change of Zone Application (REZ 05-001)
Request: A-Sato RA-2a
Applicant: Tooman Family Trust; Marc R. Rice Revocable Living Trust;
Patricia P. Rice Revocable Living Trust
Tax Man Key: 6-2-9:26
The Planning Commission, after a duly held public hearing on May 20, 2005, voted to
recommend For your approval the proposed legislative bills to change the State Land Use district
from Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-Sa) to Residential
and Agricultural 2-acre (RA-2a) for 5.312 acres of land. The property is located along the south
side of Kawaihae Road with access from Kanehoa Street, Kanehoa Estates Subdivision, Ouli,
South Kohala, Hawaii.
The Commission concurs with the following findings as recommended by the Planning Director:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the
Planning Commission Rules of Practice and Procedures, the County General Plan and the
Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following
three standards shall apply when determining an area for the Rural district boundaries:
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
(1) Areas consisting of small fauns; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics ofthe azeas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density o f not more than one single-family dwelling, per one-
halfacre in areas where "city-like" concentration of people, structures, streets, and
urban level of services are absent, and where small farms are intermixed with the
low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include other
parcels of land which are surrounded by, or contiguous to this district, and are not
suited to low-density residential uses for small farm or agricultural uses.
The property was created on April 29, 1985 as one of 27 lots in the Kanehoa
Estates Subdivision. Surrounding lands are zoned A-Sa and RA-2a and located within
the State's Agricultural and Rural Districts. The Anekona Estates Subdivision (Final
Subdivision Approval granted on October 23, 1990 for 36 lots) is located immediately to
the west (makai) of the Kanehoa Estates Subdivision. The Kamuela Plantations
Subdivision, consisting of ten lots, is located to the east and the Waimea Landmazk
Estates Subdivision, consisting of twenty-six lots, is located to the north across Kawaihae
Road. These subdivisions include mixed residential uses and vacant lands. From 1998 to
present, the County Council approved similar requests for State Land Use Boundary
Amendments from the Agricultural to the Rural districts, and Change of Zones from A-Sa
to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision. As of
March, 2005, there were twenty-three similaz requests approved by the County Council.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All uses permitted under section
15-15-25 relating to agricultural uses and those uses that are compatible within the
agricultural district; (2) Low-density residential uses with a minimum lot size of one-
halfacre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..."
The proposed boundary amendment is for residential-agricultural uses that are
compatible with the Rural designation. The applicants have stated that the 5.312-acre
pazcel will be subdivided into two residential/agricultural lots. Thus, the requested
boundary amendment would be in the direction of fulfilling the permissible uses of the
rural designation.
Stacy Higa, Chairman
and Members of the County Council
Page 3
The proposed Rural boundary amendment request would be consistent with,
among others, the Land Use (Single Family Residential) policies of the General Plan:
• Rural-style residential-agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be
encouraged in appropriate locations.
• Review and amend land use ordinances and codes to include considerations
for rural-style residential subdivisions in appropriate locations. Standards and
criteria for the establishment of these areas shall be developed.
The proposed Rural boundary request also conforms to the Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area as Rural. The new Rural
designation includes existing subdivisions in the State Land Use Agricultural and Rural
districts that have a significant residential component. The Kanehoa Estates Subdivision,
as well as adjacent subdivisions, includes a mix of residential and limited agricultural
activities. This boundary request would allow a rural development for residential-
agricultural uses that will complement the existing and future residential-agricultural land
use patterns of the immediate vicinity. Based on the above findings, the granting of the
Rural boundary amendment would complement and implement the General Plan.
All utilities and services are available to the property, which are essential to
accommodate rural development. Access to the two proposed lots is from Kanehoa
Street, a private roadway with a 50-foot right-of--way with 16 feet of asphalt paving and
grass swales. County water is available to the site. As this area is not serviced by a
municipal sewer system, the applicants would be required to dispose wastewater into a
septic tank system. Underground electrical, telephone and cable services are available to
the property. The closest police, fire and emergency facilities are located in Waimea,
approximately six (6) miles east of the property.
The property has no severe geological or topographical problems which cannot be
properly rectified or which would render the land unusable. The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X", outside of the 500-year flood plain. The site slopes in a southerly direction at an
approximate grade of 5 percent. While the property is within the State Land Use
Agricultural and County's Agricultural (A-Sa) zoned districts, the property is fully
developed and not currently being used for active agricultural purposes. The property is
unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH)
System. Soils within the property are classified as "E" or "Very Poor" for agricultural
productivity by the Land Study Bureau. While the potential for intensive and/or
extensive agricultural uses may exist, the soil conditions within the property and
Stacy Higa, Chairman
and Members of the County Council
Page 4
surrounding area would preclude such intensive agricultural activities from being
conducted on the site.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to
the Coastal Zone Management area. The property is not situated within the Special
Management Area. It is located approximately six (6) miles from the nearest coastline
and therefore, will not be impacted by coastal hazazd 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 azea. Because the property and
surrounding area have been previously used to pasture livestock and extensively altered
with residential-agricultural uses, it is not anticipated that endangered or threatened
candidate species of flora or fauna are located within the property, nor has the azea been
identified as a signiScant botanical or biological habitat. Presently, there is no evidence
of any traditional and customary Native Hawaiian rights being practiced on the site, nor
existence of known valued cultural, historical or native resources in the area. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
Finally, the reclassification action would conform to the following goals,
objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural
advancement -Housing objectives and policies:
(a) Planning for the State's socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced, safe,
sanitary, livable homes located in suitable environments that satisfactorily
accommodate the needs and desires of families and individuals.
(2) The orderly development of residential areas sensitive to community needs
and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
Stacy Higa, Chairman
and Members of the County Council
Page 5
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and other
concerns of existing communities and surrounding azeas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment
from the Agricultural to the Rural District complements the State Land Use Regulations
and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
Chance of Zone
The applicants aze requesting a Change of Zone from Agricultural 5-acre (A-Sa)
to Residential and Agricultural 2-acre (RA-2a) for approximately 5.312 acres of land to
subdivide the property into two lots approximately two acres in size. The property was
developed as a condominium property regime (CPR) with two single-family dwellings on
the site. Ohana Dwelling Permit No. 826 was issued on August 16, 1988 for one of the
dwellings. The applicants have submitted a concurrent request for a State Land Use
District Boundary Amendment from an Agricultural to a Rural district.
In order to consider an azea for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from A-Sato RA-2a will conform to, among others,
the Land Use (Single Family Residential) policies of the General Plan:
• Rural-style residential-agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be
encouraged in appropriate locations.
Stacy Higa, Chairman
and Members of the County Council
Page 6
• Review and amend laid use ordinances and codes to include
considerations for rural-style residential subdivisions in appropriate
locations. Standards an('i criteria for the establishment of these areas shall
be developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The subject azea is designated Rural.
This designation includes existing subdivisions in the State Land Use Agricultural and
Rural districts that have a significant residential component. The County Council has
previously approved land use reclassifications in the Anekona Estates Subdivision,
Kanehoa Estates Subdivision and Kamuela Plantations Subdivisions to the State Land
Use Rural district and Residential-Agricultural zoning. From 1998 to present, the County
Council approved similar requests for State Land Use Boundary Amendments from the
Agricultural to the Rural districts, and Change of Zones from A-Sato RA-2a in the
Kanehoa Estates Subdivision and Anekona Estates Subdivision.
The property was created on Apri129, 1985 as one of 27 lots in the Kanehoa
Estates Subdivision. Surrounding lands are zoned A-Sa and RA-2a and located within
the State's Agricultural and Rural Districts. Adjacent properties to the north and east
have been reclassified to the State Land Use Rural district and rezoned RA-2a. The
adjacent property to the west is zoned A-Sa. These lands are in residential uses and/or
vacant with minimal agricultural activities.
A favorable recommendation of this change of zone request will be consistent
with the emerging land use pattern being established within this portion of South Kohala.
Should this request be approved, the applicants may normally apply for an Ohana
Dwelling Permit, allowing the construction of a second dwelling unit as a separate or
attached unit on both lots. Because this request would allow the existing parcel to be
subdivided and subsequently allow the creation of a second lot, an additional dwelling
may be constructed, doubling the existing density of the area. Although the Planning
Director supports this rezoning request to allow atwo-lot subdivision with one dwelling
on one lot, the potential to allow four (4) dwellings may contribute to a cumulative
burden on the existing infrastructure which cannot be supported. Therefore, a condition
is included in the change of zone ordinance to prohibit a second dwelling unit and a
Condominium Property Regime on each lot.
The property was previously utilized for pasturing livestock, but is fully
developed and currently not used for any agricultural activities. The Federal Emergency
Stacy Higa, Chairman
and Members of the County Council
Page 7
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X", an area determined to be outside of the 500-year flood plain. The property slopes in
a southerly direction at a slope of approximate'- 5 7ercent. The property is unclassified
by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils
within the property and surrounding area is classified as "E" or "Very Poor" for
agricultural productivity by the Land Study Bureau. While the potential for intensive
and/or extensive agricultural uses may exist, the soil conditions within the property and
surrounding area would preclude such intensive agricultural activities from being
conducted.
Access to the property is from Kanehoa Street, a private roadway with a 50-foot
right-of--way with 16 feet of asphalt paving and grass swales. Similar change of zones
may occur in the area, creating home sites and placing additional traffic burden on
Kawaihae Road. Therefore, conditions of approval have been included to ensure that the
requested road improvements be planned for either through a Federal transportation
program or a fair share contribution towards roads.
The site is serviced by County water. As there is no municipal sewer system in
the area, the applicants would be required to dispose wastewater into a septic tank system
meeting the standards and requirements of the State Department of Health. Underground
electrical, telephone and cable services are available to the site. Police, fire and
emergency facilities are located in Waimea, approximately six (6) miles east of the
property.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to
Coastal Zone Management Area. The property is not situated within the Special
Management Area. It is located approximately six miles from the nearest coastline and
therefore, will not be impacted by coastal hazard and beach erosion. There are no
identified recreational resources, historic resources, public access to the shoreline or
mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or
other natural and environmental resources in the azea. Thus, the proposed request and use
of the property will not adversely impact those resources. Because the property and
surrounding areas have been previously used to pasture livestock, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the subject
property, nor has the azea 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.
Stacy Higa, Chairman
and Members of the County Council
Page 8
In view of the recent Hawaii State Supreme Court's "DASH" and "Ka Pa'akai U
Ka'Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of documentary
records, botanical and/or fauna study was submitted.
The valuable cultural, historical, and natural resources found in the rezoning azea:
As the site was formerly used for pasturing, and there is asingle-family dwelling on the
property, an archaeological inventory survey of the site was not conducted. By letter
dated March 1, 2005, the applicants have requested a "no effect" letter from the State
Historic Preservation Division. A condition will be included to require the applicants to
cease any activities on the site and notify the Planning Department if any unanticipated
archaeological features or sites are discovered during the course of improving the site.
Possible adverse effect or impairment of valued resources: The applicants have
stated that 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 azea. Therefore, to the extent to which traditional and customary
native Hawaiian rights aze exercised, the proposed request will not affect traditional
Hawaiian rights, and no action is necessary to protect these rights. The property does not
abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural 5-acre (A-Sa) to a Residential and Agricultural 2-acre (RA-2a) zoned district
would result in an appropriate land use pattern that will further benefit the public.
For your favorable consideration, an amendment to the SLU Boundaries Map and Section 25-8-7
(North and South Kohala District Zone Map) of Chapter 25, Zoning Code of the Hawaii County
Code, are transmitted.
Stacy Higa, Chairman
and Members of the County Council
Page 9
We are enclosing a copy of the applications and a copy of the staff background for your
information.
Sincerely,
` C
r' ~ Fred Galdones, Chairman
Planning Commission
'f Ltoomanslu05-001#2PC
Enclosures
cc: Mr. Gregory R. Mooers
Mr. A. Ronald Tooman
Department of Water Supply
Department of Public Works
Rodney Haraga/DOT-Highways,Honolulu
State Land Use Commission
Planning Department -Kona
BTooma~~SLUREZ.doc-0/13/05
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
TOOMAN FAMILY TRUST ETAL
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 05-001)
CHANGE OF ZONE APPLICATION (REZ OS-0011
TOOMAN FAMILY TRUST ET AL have submitted applications for a State Land Use
Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-
acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a) for approximately 5.312 acres of
land. The property is located along the south side of Kawaihae Road (Highway 19) with access
from Kanehoa Street, Kanehoa Estates Subdivision, Ouli, South Kohala, Hawaii, TMK: 6-2-9:
26.
APPLICANTS' REQUEST
1. Request: State Land Use Boundary Amendment from Agricultural to Rural and a
Change of Zone from A-Sato RA-2a to subdivide the property into two lots
approximately two acres in size. The property was developed as a condominium property
regime (CPR) with two single-family dwellings on the site. Ohara Dwelling Permit No.
826 was issued on August 16, 1988 for one of the dwellings. (lJahibit 1-State Land
Use Boundary Amendment and Change of Zone Applicatipna)
2. Landowners: Tooman Family Trust, Mazc R. Rice RLT and Patricia P. Rice RLT.
STATE AND COUNTY PLANS
3. State Land Use Designation: Agricultural.
4. GP LUPAG Map: Rural. This designation includes existing subdivisions in the State
Land Use Agricultural and Rural districts that have a significant residential component.
5. County Zoning: Agricultural 5-acre (A-Sa).
6. Ghana Dwellings: Ghana dwellings may be allowed in the proposed State Land Use
Rural District and County RA-2a zoned district.
7. Coastal Zone Management, Hits, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area.
8. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is
located approximately six miles from the nearest coastline and not situated within the
Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is a roughly rectangulaz shaped flag lot approximately
5.312-acres in size located in the Kanehoa Estates Subdivision between Kanehoa Street
on the north and Keanuiamano Stream on the south. The site is fully developed with two
single-family dwellings and was developed as a condominium property regime (CPR).
The property has previously been graded to facilitate its use for pasturing animals and the
construction of dwellings. The property slopes in a southerly direction at an approximate
grade of 5 percent.
10. Kanehoa Estates Subdivision: The property was created on Apri129, 1985 as one of
271ots in the Kanehoa Estates Subdivision.
11. Adjacent Land Uses: Adjacent properties to the north and east have been reclassified to
the State Land Use Rural district and rezoned RA-2a. The adjacent property to the west
is zoned A-Sa.
12. Surrounding Zoning/Land Usea: Surrounding lands are located within the State's
Agricultural and Rural Districts and the County's A-Sa and RA-2a zoned districts. The
Anekona Estates Subdivision (Final Subdivision Approval granted on October 23, 1990
for 361ots) is located immediately to the west (makai) of the Kanehoa Estates
Subdivision. The Kamuela Plantations Subdivision, consisting of ten lots, is located to
the east, and the Waimea Landmark Estates Subdivision, consisting of twenty-six lots, is
located to the north across Kawaihae Road. These subdivisions include mixed residential
uses and vacant lands.
13. Previous Approvals: From 1998 to present, the County Council has approved similar
requests for State Land Use Boundary Amendments from the Agricultural to Rural
Districts and Change of Zones from A-Sato RA-2a in the Kanehoa Estates Subdivision
and Anekona Estates Subdivision. As of March, 2005, there were twenty-three similaz
requests approved by the County Council.
14. ALISH: Unclassified.
15. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
-2-
16. U.S. Soil Survey: Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent
slopes. Permeability is moderately rapid, runoff is medium, and the erosion hazard is
moderate.
17. FIRM: Zone "X", azea determined to be outside the 500-year flood plain.
18. Flora/Fauna Resources: No forma( flora/fauna study was submitted. The site has been
grubbed and previously used for pasturing animals and the construction of dwellings.
The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly
poppy and yellow guava. Common animal species in the azea include field mice and
mongoose. According to the applicants, there is no known or recorded rare or
endangered animal or plant life in the area.
19. Archaeological Resources: Since the property was graded for development and
previously used for pasturing activities, the applicants state that it is expected that no
archaeological or historic features exist on the property. By letter dated March 1, 2005
the applicants requested a "no effect" letter from the State Department of Land and
Natural Resources Historic Preservation Division (HPD).
20. Cultural or Native Gathering Rights: According to the applicants, there is no evidence
of any traditional and customary Native Hawaiian rights being practiced on the site.
21. Puhlic Access: None that traverses the property.
PUBLIC UTILITIES AND SERVICES
22. Access: Access to the site is from Kanehoa Street, a private roadway with a 50-foot
right-of--way with 16 feet of asphalt paving and grass swales. The flag portion of the lot
is improved with a 10-foot wide asphalt driveway serving the two proposed lots and the
two existing single-family residences.
23. Water: County water is available to the site.
24. Wastewater: There is no municipal sewer system in the azea. All lots in the area
dispose of wastewater through individual wastewater systems. All structures on the
property would be required to dispose wastewater into a septic tank system meeting the
standards and requirements of the State Department of Health.
25. Essential Utilities and Services: Underground electrical, telephone and cable services
aze available to the property. The nearest police and fire facilities aze located in Waimea,
approximately six (6) miles east of the site.
-3-
26. Recreational Facilities: The Waimea Pazk and Anuenue Playground are located in
Waimea. Spencer Beach Park is approximately (6) miles west of the site.
AGENCIES' COMMENTS
27. Department of Public Works: Exhibit 2 - Apri15, 2005 Memo
28. Department of Water Supply: Exhibit 3 -March 31, 2005 Memo
29. Department of Transportation: Exhibit 4 -March 21, 2005 Memo
AGENCIES - NO COMMENTS
30. Police Department, Fire Department
AGENCIES - NO RESPONSES
31. Office of Housing and Community Development, Department of Land and Natural
Resources Land Division and Historic Preservation Division, Department of Health,
State Land Use Commission, Natural Resources Conservation Service
PUBLIC COMMENTS
32. None as of this writing.
-4-
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
-.M of
COUNTY OF HAWAII ~ '
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: Tooman Family Trust; Marc R. Rice Revocable Living Trust; Patricia P. Rice Revocable Living Trust
PETITIONER'S SIGNATURE: By letter. HATE; 3/1/05
ADDRESS: A. Ronald and Vivienne L. Tooman Marc R. and Patricia P. Rice
62-2287Kanehoa Street, Kamuela, HI 96743 62-2285 Kanehoa Street, Kamuela HI 96743
PETITIONER'S INTEREST IF NOT OWNER: Owners
TELEPHONE: (Bus.) Tooman 885-1960 (Res) Rice 885-4965 _ (Fax)
LANDOWNER(S): Tooman Family Trust; Marc R. Rice Revocable Living Trust; Patricia P. Rice Revocable Living Truss
LANDOWNER SIGNATURE(S): By letter. _D,,~~. 3/1/05
(May be by letter)
ADDRESS: Same as above_
TAX MAP KEY: (3) 6-z-oo9:oz6
STREET ADDRESS OF PROPERTY: 62-2285 & 62-2287 Kanehoa Street
ZONING: Agricultural 5-acres (A-Sa) SIZE OF PROPERTY: 5312 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION:?~~cultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
AGENT: Gregory R. Mocers
ADDRESS: Manerc F.nternrises. 1.r.C
P.O. Box 1101
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 880-1455 des) gg0-1454 -fax) gg0-1456
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mocers _ COPIES: A. Ronald Tooman
(See Instructions on Reverse Side) EXHIBIT
I
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Tooman Family Trust; Marc R. Rice Revocable Living Trust Patricia P. Rice Revocable Living Trust
APPLICANT'S SIGNATURE: By letter DATE: 3/1/05
ADDRESS: A. Ronald and Vivienne L. Tooman Marc R. and Patricia P. Rice
62-2287 Kanehoa Street 62-2285 Kanehoa Sffeet
Kamuela, Hawaii 96743 Kamuela, Hawaii 96743
LIST APPLICANT'S INTEREST IF NOT OWNER: Owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) Tooman 885-1960 Rice 885-4965 (Res.) (Fax)
LANDOWNER(S): Tooman Family Trus[; Mazc R. Rice Revocable Living Tmst; Patricia P. Rice Revocable Living Trust
LANDOWNER SIGNATURE(S): By letter DATE: 3/1/05
(May be by letter)
LANDOWNER(S) ADDRESS: Same as above.
REQUEST: Agricultural 5-acres (A-Sa) Residential-Agricutural 2-acres (RA-2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 6-2-009:026
STREET ADDRESS OF PROPERTY: 62-2285 & 62-2287 Kanehoa Street
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.312 acres
AGENT: Gregory R. Mocers
ADDRESS: Mocers Enterprises, LLC
P.O. Box 1101
Kamuela, Hawaii 96743
TELEPHONE:(Bus.)880-1455 (ResJ88o-1454 (p~)880-1456
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Moors COPIES: A. Ronald Tooman
(See Instructions on Reverse Side)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 5.312
b Into what lot sizes? 2+acres
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? immediate
d. Do you intend to build houses on the newly created lots? Built
If please answer the fol]owing questions:
On how many of those lots? 2
At what approximate price range? House
Lot
Total Built
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? occupied
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form . enclosed
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a• Sell or lease the land to someone who has firm plans?
b• Sell or lease the land to someone who has tentative plans?
~ Sell or lease the land to someone who has no plans?
d. Keep it?
e.
P. D. 2 5/89
l If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3• Do you think that your request and your further plans for the land
will alleviate the local housing situation? No
How?
9. Are there any buildings on the subject area? Yes
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
They will remain the single-family dwellings for the owners/applicants.
S. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots?
No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot-size for that: commodity?
~ Sufficient farm size to allow reasonable chancre of success in
commercial agriculture?
-2-
d Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
8• Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
9• What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
~ Sewer X
d. Drainage X
-3-
Yes No
E. Police Protection X
Fire Protection X
g, Recreational Facilities X
h. Public Utilities R
I. Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature: By letter.
Address : 62-2285 & 62-2287 Kanehoa Street
Telephone: 885-1960
Date: Mazch 1, 2005
-9-
Post Office Box 1101
MOOERS Kamuela, Hawaii 96743
ENTERPRISES, LLC Phone (808) 880-1455
Fax (80A) 8F30-]456
Land Use Alternatives g*mooersl~haw•aii.rr.eom
March 1, 2005
Christopher Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: State Land Use Boundary Amendment Application
Change of Zone Application
Tax Map Key: (3) 6-2-009:026
Dear Mr. Yuen:
The undersigned do hereby authorize Gregory R. Mooers, President ofMooers Enterprises, LLC, to
process any and all applications related to the actions identified above. We are the owners of the subject
property and applicants for these applications.
~ (iYI+YXt'1~ ~~j¢ eyC~adCR.~ ~ ~~jiCkG7-FiC~ ~/C~('-~-s1
A. Ronald Tooman, Trustee Vivienne L. Tooman, Trustee
Tooman Family Trust
ar ce, Trustee
Marc R. Rice Trust
- s~.~
Patricia P. Rice, Trustee
Patricia P. Rice Revocable Living Trust
Tooman and Rice Boundary Amendment and Change of Zone Request
TABLE OF CONTENTS
Page
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS i
I. GENERAL, INFORMATION 1
IL SUBJECTREQUEST/PROPOSED DEVELOPMENT' 2
III. CONFORMANCE WITH STATE AND COUNTY PLANS
A. State Land Use Designation 2
B. Applicable Goals/Policies and Objectives of the General Plan........ 5
C. General Plan Designation 6
D. County Zoning Code 7
E. Special Management Area 7
F. Chapter 205A: Coastal Zone Management Act 7
G. Mountain Access 7
IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Em~ironmental Setting 8
Historic Resources 9
Cultural Resources 10
Natural Resources (Flora-Fauna) 10
Social-Economic Characteristics 10
Surrounding Lands 11
Toomun and Rice Boundary Amendment and Change of Zone Request
V. PUBLIC FACII,ITIES AND UTILITIES
A. Location 11
B. Water Service 1 I
C. Utilities 11
D. Wastewater Disposal 12
E. Police Services 12
F. Fire Services 12
G. Public Recreation 12
H. Schools 12
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity.• ................................12
B. Mitigative measures proposed to avoid, minimize, rectify or reduce
impact 12
C. Alternatives to the proposed development 12
D. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented 13
VIL PROPOSED FINDINGS 13
VIIL EXIIIBITS
A. Request for "No Effect Letter from SHPD
B. Location/Vicinity Maps
C. Change of Zone Exhibit
D. Site Photographs
ii
Tooman and Rice Boundary Amendment ana change of Zone Application
STATE LAND USE DESIGNATION RECLASSIFICATION FROM
AGRICULTURAL TO RURAL
CHANGE OF ZONE REQUEST RECLASSIFICATION FROM
AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO
RESIDENTIAL-AGRICULTURAL 2-ACRES
PETITIONERS: Tooman Family Trust, A. Ronald and Vivienne L.
Tooman Trustees, Marc Roger Rice Revocable Living
Trust, Marc R. Rice Trustee, and Patricia Palmer Rice
Revocable Living Trust, Patricia P. Rice Trustee
TAX MAP KEY (3) 6-2-009:026
Lot 26 Kanehoa Subdivision
Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to
James Young Kanehoa at
Ouli, South Kohala, Island of Hawaii, Hawaii
We are requesting a reclassification of the subject property from the State Land Use
Agricultural District to the Rural District and a Change of lone from the Agricultural
five-acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural
two-acre (RA-2a) zone. The subject property (5.312 acres) is located in the Kanehoa
Subdivision on the south side of Kawaihae Road approximately across from the 62 mile
marker in Ouli, South Kohala, Hawaii TMK: 6-2-009:026
I. GENERAL INFORMATION
1. The subject property is a two-unit Condominium Property Regime (CPR). Tooman
Family Trust, A. Ronald and Vivienne L. Tooman, Trustees own one unit, and Marc
Roger Rice Revocable Living Trust, Marc R. Rice Trustee, and Patricia Palmer Rice
Revocable Living Trust, Patricia P. Rice Trustee are the fee owners of the other unit.
Together they are the owners and applicants.
t
Tooman and Rice Boundary Amendment anu mange of Zone Application
II. SUBJECT REOUEST/PROPOSED DEVELOPMENT•
A. The applicants are proposing to redistrict a 5.312 acre parcel from the agricultural
district to the rural district and change the zone from Agricultural 5-acre (A-Sa) to
Residential-Agricultural 2-acres (RA-2a) to allow the subdivision of the property into
2 residential-agricultural lots in conformance with the new zoning designation.
B. The site presently is fully developed with asingle-family residence located on each of
the proposed lots. The property was developed as a CPR with two units. This site
has been used previously and periodically to pasture livestock. The property has
previously been graded to facilitate its use for pasturing animals and for subdivision
purposes. Please see the site photographs in the exhibits.
C. The 5.312 acre lot is a roughly rectangular shaped flag lot located between Kanehoa
Street on the north and Keanuiomano Stream on the south. Please see the vicinity
maps and rezoning exhibit in the Exhibits.
D. Access to the proposed subdivision is from Kanehoa Street for both of the proposed
lots. The flag portion of the lot is improved with a 10' wide asphalt driveway serving
the two proposed lots and the two existing single-family residences.
E. There will be no interior roadways as both lots have direct access, off of Kanehoa
Street through the existing paved driveway. Please see the change of zone exhibit.
F. Underground utilities are provided to each of the proposed 21ots from the Kanehoa
Subdivision's existing infrastructure that presently serves the site.
G. No construction is proposed as a result of this action as both proposed lots aze fully
developed with single-family residences.
H. There will be restrictive covenants developed for recordation on the two proposed lots
that will prohibit second dwellings to preserve the residential-agricultural ambience of
the azea.
III. CONFORMANCE WITH STATE AND COUNTY PLANS:
A. State Land Use Designation:
The State Land Use District Classification of the subject pazcel is Agricultural.
One component of this request is to re-district the Agricultural property to the
2
Tooman and Rice Boundary Amendment ana .,,range of Zone Application
Rural District. It should be noted that since 1985, pursuant to State law, the
Counties are allowed to process amendments to the district classification if the
land azea is less than I S acres. In this case the subject parcel consists of 5.312
acres so no Land Use Commission ratification is needed.
According to the Hawaii Land Use Commission Rttles, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the azeas need not be
included in this district if their inclusion will alter the general
chazacteristics of the azeas;
(2) Activities or uses as characterized by low-density residential lots of not
less than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in azeas where "city-like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms aze intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may
include other parcels of land which are surrounded by, or contiguous to
this district, and are not suited to low-density residential uses for small
farm or agricultural uses.
The proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use
Commission Rules that determines the Permissible uses within the Rwal district.
This states: "(a) Permissible uses within the rural district shall include the
following activities: (1)All uses permitted under section 15-15-25 relating to
agricultural uses and those uses that aze compatible within the agricultural district;
(2) Low-density residential uses with a minimum lot size of one-half acre. The
commission for good cause may allow one lot of less than one-half acre, but not
less than 18,500 squaze feet, or an equivalent residential density, provided all
other lots in the subdivision have the minimtun lot size of one-half acre. A
petition for variance may be processed under the special permit procedure
pursuant to subchapter 12. This exception shall apply to lots of record existing
prior to January 1, 1977, and of not more than two acres. There shall be no more
than one single-family dwelling per one-half acre, except as may be provided for
in this section." The proposed boundary amendment is for a similar agricultural
land uses and uses that are compatible to the Agricultural designation. The
3
Tooman and Rice Boundary Amendment ana change of Zone Application
proposed reclassification is also compatible with Ute statutory definition of Low-
density residential lots of more than one dwelling house. The applicant has and
would like to construct Single Family Dwellings. However, Chapter 205, Hawaii
Revised Statutes, does not authorize residential dwellings as a permissible use in
the Agricultural District unless the dwelling is related to an agricultural activity or
is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(x)(4), HRS, as
"a single family dwelling located on and used in conjunction with a farm,
including clusters of single-family farm dwellings permitted within agricultural
parks developed by the State, or where agricultural activity provides income to the
family occupying the dwelling." Thus, the requested boundary amendment would
be in the direction of fulfilling the permissible uses of the rural designation.
The reclassification action would also conform to the following goals, objectives
and/or policies articulated in the Hawaii State Plan relating to Socio-cultural
advancement -Housing objectives and policies:
(a) Planning for the State's Socio-cultural advancement with regazd to
housing shall be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and
desires of families and individuals.
(2) The orderly development of residential areas sensitive to
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate-income and gap-group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
sun•ounding areas.
(5) Foster a vaziety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
a
Tooman and Rice Boundary Amendment ank „hange of Zone Applicatiun
B. Applicable Goals/Policies and Objectives of the General Plan:
LAND USE
Through the cazeful analysis and examination of past and present situations, the
following goals, policies, and standazds are set forth to physically plan the lands in
the County in the best interest of the island's residents.
GOALS
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
POLICIES,
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
• The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
STANDARDS
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access, and
public need.
HOUSING
GOALS
• Attain safe, sanitary, and livable housing for the residents of the
County of Hawaii.
• The cornerstone of the County's housing programs and activities shall
continue to be the encouragement and expansion of appropriate home
ownership opportunities for our residents.
5
Toaman and Rice Boundary Amendment anu change of Zone Application
POLICIES
• Rural-style residential-agricultural developments, such as new small
scale rural communities or extensions of existing rural communities,
shall be encouraged in appropriate locations.
• The County shall review and amend if necessary land use ordinances
and codes to include considerations for rural-style residential
subdivisions in appropriate locations. Standards and criteria for the
establishment of these areas shall be developed.
APPLICANTS' RESPONSE:
The proposed action will be the best classification for these lands and in
the best interest of the island's residents. The rural designation and RA-2a
zoning is the appropriate designation as it has access to community
services, employment centers and necessary utilities. The proposed action
meets the needs of the Waimea communiTy by providing residential-
agricultural type lots and is in balance with the physical and social
environment.
The proposed action is consistent with the General Plan and the
surrounding zoning and land uses. The Council has consistently supported
Rural designations and uses for this subdivision and the immediate area
surrounding the subject property.
C. General Plan Designation:
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standazds and courses of
action. It is also a graphic depiction of the physical relationship between the
various land uses. The LUPAG Map establishes the basic urban and non-urban
form for areas within the County. The proposed Rural boundary request also
conforms to the LUPAG Map which designates the azea for Rural uses. This
6
Tooman and Rice Boundary Amendment anu ,.hange ojZone Application
request would allow rural development. The area under consideration is
consistent with the rural form established for this section of the South Kohala
District as depicted on the LUP.AG Map. Based on the above findings, including
the General Plan's goals and policies, the granting of the rural boundary
amendment would complement and implement the General Plan.
D. County Zoning Code:
The original zoning for this parcels was Unplanned, but upon the approval of the
new zoning code on December 7, 1996, all Unplanned zone property was re-
designated asAgricultural 5-acre (A-Sa). One component of this request is to
change the zone of the property to Residential-Agricultural 2-acres (RA-2a)
E. Special Management Area:
The subject property is not located within the County's Special Management Area
(SMA), and as such does not require a SMA permit.
F. Chapter 205A: Coastal Zone Management Act:
The subject property is located approximately six miles from the shoreline
surrounded by a regional roadway system and rural-residential subdivisions and
vacant land. The proposed use of the subject property will not negatively impact
recreational resources, visual resources to or from the shoreline, including access to
and along the shoreline or coastal ecosystems. Therefore no scenic or open space
resources to the shoreline coastal view plane or coastal ecosystem will be negatively
impacted by the proposed action.
G. Mountain Access:
The subject property is surrounded by the regional roadway system vacant lands and
rural-residential subdivisions. The property is not used for access to the mountains
or any mountain feature, therefore no public access to these areas will be impacted
by the proposed action.
7
Tooman and Rice Boundary Amendment an.. ,range of Zone Application
IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL
SETTING:
Physical Characteristics/Environmental Setting:
A. The 5.312 acre lot is a roughly rectangular shaped flag lot located between Kanehoa
Street on the north and Keanuiomario Stream on the south. Please see the location
map and rezoning exhibit in the Exhibits.
B. The property's Kanehoa Street frontage is approximately 25 feet. Please see the site
plan in the exhibits.
C. Annual rainfall for the azea is between 20 to 35 inches according to An Inventory of
Basic Water Resources Data: Island of Hawaii, published by the Department of Land
and Natural Resources.
D. The site is slopes from its northern boundary down to the southern boundary at an
approximate grade of 5%.
E. The site presently is fully developed with asingle-family residence on each of the two
proposed lots. The site has been previously used periodically for pasturing animals.
Please see the site photographs in the exhibits.
F. The U. S. Geological Survey has categorized the island into nine zones of
comparative hazazd rates from lava flows, with Zone 1 being the highest and Zone 9,
the lowest severity of hazard. The LJ. S. Geological Survey designates the subject
property as "Lava Hazazd Zone 8"; Only a few percent of this area has been covered
by lava in the past 10,000 yeazs.
G. The site is located approximately six miles from the ocean at Spencer Pazk.
H. The State Department of Agriculture's Agricultural Lands of Importance to the State
of Hawaii (ALISH) has no classification for this property.
I. The United States Department of Agriculture Soil Survey identifies the soil type to be
of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine
loams that formed in volcanic ash. "Che soils aze gently sloping and most areas aze
extremely stony. They aze on uplands at an elevation ranging from 1,000 to 2,500
feet and receive between 20 to 35 inches of rainfall amorally. Their mean soil
temperature is between 69 degrees and 71 degrees. The natural vegetation consists of
8
Tooman and Rice Boundary Amendment ana mange of Zone Application
bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and
Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu
Pa soils aze used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20
slopes (PVD). This soil is found low on the leewazd side of Hualalai, Mauna Kea,
and the Kohala Mountains. In a representative profile the surface layer is very dark
brown extremely stony very fine sandy loam about 6 inches thick. The next layer is
dazk brown and dark yellowish brown very stony very fine sandy loam about 34
inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to
slightly acid in the surface layer and neutral in the substratum. In places the surface
layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is
moderate. Roots penetrate to the fragmental Aa lava.
J. The Land Study Bureau's overall master productivity rating system classifies the soil
as Class "E" or Very Poor for agricultural use.
K. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army
Corps of Engineers, the property is in Zone "X", an azea outside the 500-year flood
plain. There is a drainage easement depicted on the site plan that was established at
the time Kanehoa Subdivision was created. This easement will be reflected on all
subdivision maps.
Historic Resources:
Since the site has been fully developed and previously grazed by cattle and extensively
graded for development, it is expected that no azchaeological features exist on the
property or that it provides a habitat for endangered plants or animal species. There is no
evidence of historical or cultural features on the parcel, nor did the records in the
Planning Department disclose any significant findings attributable to the subject property.
The applicants have written a letter to the State Historic Preservation Division requesting
a determination of "no effect" for the proposed action. A copy of that letter is in the
Exhibits. Recent archaeological assessments in this subdivision have led to "no effect"
letters from SHPD.
9
Tooman and Rice Boundary Amendment anu change of Zone Application
Cultural Resources:
No valued cultural, historical or natural resources exist on the subject property and no
gathering is taking place. To the extent to which traditional and customary native
Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian
rights, therefore no action is necessary to protect those rights.
Natural Resources (Flora-Fauna):
The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly
poppy and yellow guava. As previously mentioned, the site has been grubbed and fully
developed for the existing single-family dwellings and was formerly used for pasturing
animals. Common animal species in the azea include field mice and mongoose. There is
no known or recorded rare or endangered animal or plant life in the area.
Social-Economic Characteristics:
Social settlement pattern for the area: Waimea, along with the rest of South Kohala, has
undergone significant change over the past two decades as resort development along the
South Kohala coastline has grown and the base facilities for astronomy research have
been developed in town. This azea has been a ranching community for many years, the
home of Parker Ranch and many smaller cattle operations. Farmers have settled in the
area to grow truck crops for the Big Island and the rest of the state. There aze retirees
from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns
of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the
South Kohala resorts aze finding Waimea a suitable bedroom community. The Hawaii
Preparatory Academy has attracted many families with their national reputation as a high-
quality college prepazatory school.
Economic resources of the area: This ranching community is the home of numerous
ranching and farming activities. Many residents are actively engaged in commercial
agricultural activities. More recently residents have found employment at the resorts on
the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened
and this has provided a number of employment opportunities in the health caze and
to
Tooman and Rice Boundary Amendment anu change of Zone Application
related fields. Hawaii Preparatory Academy and Parker School are valued resources for
the azea. Waimea is also the host town for the headquarters of the Keck and CFH
telescopes located atop Mauna Kea.
Land Values: According to knowledgeable Realtors in this area, similar residential-
agricultural 2-acre lots in this immediate area sell for $250,000 to $275,000.
Surrounding Lands:
Land Use/Zoning:
Of the adjacent parcels, some are in the State Rural District and zoned RA-2a by the
County. There aze twenty-eight other properties similazly zoned in the Kanehoa and
Anekona Estates Subdivisions. The remaining surrounding properties aze located in the
State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones.
Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona
subdivision, A-Sa, is immediately west. The Ouli Subdivision further to the west is zoned
A-la and is presently undeveloped.
There is a small State classified urban azea located immediately below the site that hosts
an affordable housing project, Ouli Ekahi.
The uses of the property in the immediate area are rural-residential in character with
minimal agricultural activities.
V. PUBLIC FACILITIES AND UTILITIES
A. The property is located between Kanehoa Street on the north and Keanuiomano
Stream on the south. Kanehoa Street is a private 50' wide right-of--way with 16' of
asphalt paving and grass swales.
B. The existing two homes aze serviced by Department of Water Supply water presently
and each has its own meter.
C. Electrical, telephone and cable service are provided to the project site via the
underground utility service of the Kanehoa Subdivision.
t1
Toaman and Rice Boundary Amendment an,. ~hange of Zone Application
D. This azea is not serviced by a municipal sewer system. All lots in this azea dispose of
wastewater through individual wastewater treatment systems. The existing homes
utilize individual wastewater treatment systems previously approved by the State
Department of Health.
E. The neazest police station is located six miles east of the site in Waimea.
F. The nearest fire station is located six miles east of the site in Waimea.
G. The neazest public recreation facility is Waimea Pazk and Anuenue Playground
located five miles east of the site. Hapuna Beach Park is seven miles to the west of
the site. Spencer Beach Park is located six miles west of the site.
H. Public schools (6 miles east) and private schools (3 miles east) provide educational
services to the area.
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity: In tenns of the relationship between
short-term use of man's environment and the maintenance and enhancement of long-
term productivity, no short-term exploitation of resources that would entail negative
long-term consequences has been identified for the proposed action.
B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: No
construction is proposed by this action as homes were already built on the CPR units.
Any further construction on the site will comply with all governmental regulatory
controls to mitigate noise and dust during the construction period. Any structures and
infrastructure improvements constructed will comply with all federal, state and county
requirements. All important cultural, historical and natural resources will be treated
in accordance with agency requirements.
C. Alternatives to the proposed development: One alternative to the proposed action
would be to leave the pazcel divided as a CPR. This alternative would retain the CPR
ownership which the State and County have expressed objections to.
tz
Tooman and Rice Boundary Amendment anu change of Zone Application
D. Irreversible and irretrievable commitments of natural resources that would be
involved if proposed action is implemented: The proposed action will not result in
any commitment of natural resources as both dwellings have already been
constructed. The conditions applied to this request would help insure the protection
of the natural and cultural resources on the property. There are presently no such
conditions placed on the property.
VII. PROPOSED FINDINGS:
Given the conformance with all established State and County goals, policies and
plans; the physical characteristics of the site and surrounding area; the present
zoning and uses of the surrounding area; no impact on public facilities and services;
no impact on the environment; the applicants request a favorable consideration of
these boundary amendment and change of zone applications.
13
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Post Office l3ux 1101
MooERS (<amuela, Hawaii 96743
ENTERPRISES, LLC Phone (tio8) Sao-loss
Fax (808) 880-14s6
Land Use Alternatives grnooersC`hawaii.rrcom
March 1, 2005
Mary Anne Maigret
State Historic Preservation Division
74-383 Kealakehe Parkway
Kailua-Kona, Hawaii 96740
Re: Archaeological Clearance
TMK: (3) 6-2-009:026
Kanehoa Subdivision
Lalamilo, South Kohala, Hawaii
Mary Anne:
I am processing a change of zone request for the property identified above which is located in the Kanehoa
Subdivision. I have been required by the Planning Department to either get a "no effect" letter from your
Division or do an inventory survey for the subject property.
There have been numerous change of zone applications in this subdivision that have been processed
without inventory surveys. Previously your division has written "no effect" letters for these changes of
zone actions. By this letter I am requesting that you issue a "no effect letter" for the change of zone
requested for this property. I would like to spare the applicants the expense of what I believe to be an
unnecessary survey or assessment and your division the time required to review it.
The adjoining subdivision to the west of Kanehoa Subdivision, which is called Anekona Estates
Subdivision, has seen several changes of zone and CPR's as well. The subject property is fully developed
with two single-family dwellings. The proposed action would simply change the ownership from CPR
units to subdivided lots.
Should you require additional information or have any questions, please contact me. I appreciate your
prompt response to this request fora "no effect" letter.
Sincerely,
Y~
Greg Mooers
President
Copy: Chris Yuen, Planning Director
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SITE PHOTOGRAPHS
View of single-family home located on proposed lot 26-A.
View of single-family home located on proposed lot 26-B.
SITE PHOTOGRAPHS
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View of access drive to Lot 26 from Kanehoa Street
I,cPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
n
T ,n ~
DATE: April 5, 2005
memorandum
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division ChiefG~'~/
Engineering Division V
SUBJECT Change of Zone Application (REZ 05-001)
State Land Use Boundary Amendment (SLU 05-001)
Applicant: Patricia Tooman Family Trust; Marc R. Rice Revocable
Living Trust
Location: Ouli, S. Kohala, HI
TMK: 3 / 6-2-09:26
We have reviewed the subject application and our comments are as follows:
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
3. The access road fronting the subject property is private.
4. Portions of the project area are within the Keanuiomano Stream drainage
easement; identify the easement boundaries on all site plans .
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
EXHIBIT
2- ~f,t~'7J8
Hawaii County is an Equal Opportunity Provider and Employer
C~ W4If~
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ad
L~EI~d~;&1T6t/i~lq`V O~ VlVA~'~~ ~~l~Ple~ ~ COID(oBTY ®F F1s4VVA1`I
yf~Of gAWlp.~p 345 I(EKUANAO'A STREET, SUITE 20 A HILO, HAWAII 96720
TELEPHONE (808) 961-8050 ~ FAX (6gl~~wg6t-.8667 q-, rl ~ E,
March 31, 2005 - i,{' 1 _-J
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-001)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION (REZ OS-001)
REQUEST: A-SA TO RA-2A
APPLICANT: TOOMAN FAMILY TRUST; MARC R. RICE REVOCABLE.
LIVING TRUST; PATRICIA RICE REVOCABLE TRUST
TAX MAP KEY 6-2-009:026
We have reviewed the proposed State Land Use Boundazy Amendment and Change of Zone
applications and have the following comment and condition.
Inasmuch as the subject parcel has two 1-inch service laterals for 5/8-inch meters, we have no
objections to this application for an ultimate 2-lot subdivision. However, each of the meters shall front
the proposed parcel they are to serve.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 252.
Sincerely yours,
Milto . Pavao, P.E.
~ M ager
SHK:sco
copy - Mr. Gregory R. Mooers EXHIBIT
Mr. A. Ronald Tooman
,3
VVater ~ri ~tc~-~ ~roc~MeJ6...
The Department of Water Supply is an Equal Opportunity provider and employee To File a complaint of discrimination, write: USDA, Director, Office of Civil
Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, S W, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDO)
LINDA LINGLE tc, °..`.,pq RODNEY K. HARAGA
GOVERNOR w ~s sn ; k
y! ,:,+\,~SF,`L+~.~.,:. DIRECTOR
l [ Deputy Dlreelws
BRUCE Y. MATSUI
~'P DARRY FUKUNAGA
Qp''~ f.~
~~o-va~ BRENNON T. MORIOKA
ry BRIAN H. SEKIGUCHI
-`!I, ~ JLf
" ` . .STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNOHQOWL STREET STP 8.1658
HONOLULU, HAWAII 96813-5097
March Z 1, 2005
Mr. Christopher J. Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Tooman Family Trust; Marc R. Rice Revocable Living Trust;
Patricia P. Rice Revocable Living Trust
State Land Use Boundary Amendment Application (SLU OS-001) and
Change of Zone Application (REZ OS-001)
TMK: 6-2-9: 26
Thank you for requesting our review of the subject application.
The proposed land use amendment, zoning change and division of the affected parcel into two
lots are similar to other applications approved by the County in the Kanehoa Subdivision. The
cumulative effect of the continued approval of such applications, will result in an adverse traffic
impact on Waimea-Kawaihae Road (Route 19) at the intersection with Kanehoa Street.
It is our understanding that your department is aware of the pattern of change and growth in the
subdivision and that the County will be responsible for implementing improvements at the above
intersection. Such improvements may include, but are not limited to correcting sight distance,
and providing channelization and lighting. All improvements should be made at no cost to the
State and plans for construction work within the State highway right-of--way must be submitted
to our Highways Division for review and approval.
We appreciate the opportunity to provide our comments.
Very truly yours,
RO NE~K. H GA
Director of Transportation
EXHIBIT 063844