HomeMy WebLinkAboutCOM 0547.000 2004-2006 Msv Os New
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Harryl~im ~ ~ Hixie~Kaetse~
Ma}'nr ~ • Managing Otrector
Peter L. Hendricks
Sri pf'N~'~ Deputy Managn~g Director
COUNTY OF HAWAII
2~AupunS Street, Room?IS • Hilo, Hzwaii 96720-4252. (R08)961-8211 ~ Fax (SOR)961 X553
KONA. 75-706 Kuakini I{ighway, Suite 103 Kailua-Kona, Hawaii 96740
f XOR132~-i23G Fax (80S)326-SfiGI
November 4, 2005
Honorable Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
yState Land Llse Boundary Amendment Application (SLU OS-003)
Request: Agricultural to Rural
Change of Gone Application (REZ OS-011)
Request: A-Sa to RA-2a
Applicant: Martin E. Smith
Tax Map Key: 6-2-1 l30
Change of "Lone Application (REZ OS-008)
Applicant Errol & Andrea Yim
Request: A-20a to A-l0a
'Cax Map Key: 7-3-26:14
Change of Zone Application (REZ OS-014)
Applicant: Moani Heights at the Uplands at Mauna Kea
Community Association
Request: RM-15 to RS-15
Tax Map Key: 6-2-16:1-19
As required by Chapter 4, Sec. 6-43(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,
\
f f [arty Kim
f Mayor
Enclosures
cc: Planning Department S4
nn p r~ n Comm. No.
< ~1~ ~ ~J p{~ ~7~ > Human C'ounl}' ~s an Equal Opportunity Provider and f:mployer Ref. To:
Ref. Co'e
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County of Hawaii
PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Sui[e 3 • Hilo, Hewai'i 96720
Phone (808) 961-8288 • Pax (R06196I-8742
November 4, 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-003)
Request: Agricultural to Rural
Change of lone Application (REZ OS-011)
Request: A-Sato RA-2a
Applicant Martin E. Smith
Tax Map Key: 6-2-11:30
The Planning Commission, after a duly held public hearing on October 21, 2005, voted to
recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from the Agricultural to the Rural District and to change the district classification
from an Agricultural 5-acre (A-Sa) to a Residential and Agricultural 2-acre (RA-2a) district for
approximately 5.304 acres of land. The property is located along the south side of Kanehoa
Street, approximately A50 feet west of the Kanehoa Street-Anekona Street junction, Kanehoa
Estates Subdivision, Ouli, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
State Land Use Boundary Amendment
The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Rural to subdivide the property into two lots approximately two acres in
size. The applicant is also requesting a concurrent Change of Zone from Agricultural 5-
acre (A-Sa) to Residential and Agricultural 2-acre (RA-2a).
Hawaii County is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
The approval of the reclassification from the State Land Use Agricultural to the
Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised
Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule ] 3 of the
Planning Commission Rules of Practice and Procedures, the County General Plan and the
Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following
three standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per one-
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 often lots, is located to the east and the Waimea Landmark Estates
Subdivision, consisting oftwenty-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 Che 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 similar requests approved by the County Council.
Section 15-IS-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
Stacy Higa, Chairman
and Members of the County Council
Page 3
with the Rural designation. The applicants have stated that the 5.304-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.
The proposed Rural boundary amendment request would be consistent with,
among others, the Land Use (Single Family Residential) policies of the General Plan:
• Rural-stylcresldential-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 (LLJPAG) 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 1 b feet of asphalt paving and
grass swales, to Easement 22, a private roadway with an approximately 50-foot right-of=
way with 16 feet of asphalt paving and grass swales. County water is available to the site.
As this area is not serviced by a municipal sewer system, the applicant would be required
to dispose wastewater into a septic tank system. Underground electrical, telephone and
cable services are available to the property. The 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
Stacy Higa, Chairman
and Members of the County Council
Page 4
"X", outside of the 500-year flood plain. The site slopes in a northerly direction at an
approximate grade of 5 to I S percent. While the property is within the State Land Use
Agricultural and County's Agricultural (A-Sa) zoned districts, the property is vacant 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 agricultural uses may exist, the soil
conditions within the property and surrounding area would preclude such 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 hazard and beach erosion. There are no
identified recreational resources, historic resources, public access to the shoreline or
mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or
other natural and environmental resources in the area. Because the property and
surrounding area have been previously used to pasture livestock, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the
property, nor has the area been identified as a signi5cant 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.
Stacy Higa, Chairman
and Members of the County Council
Page 5
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and other
concerns of existing communities and surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment
from the Agricultural to the Rural District complements the State Land Use Regulations
and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
Chance of Zone
The applicant requests a Change of Zone from Multiple-Family Residential (RM-
IS) to Single-Family Residential (RS-15). The total acreage of the 19 lots is
approximately 13.028 acres and includes seventeen (17) fully-developed lots, one (1)
open space lot (parcel l8), and one (L) roadway lot (parcel 19). The objective of the
rezoning is to more accurately reflect the actual use of the lots within the subdivision. All
the existing structures in the subdivision are single-family dwellings, and the CC&R's
recorded on September 9, 1999 as Document Nos. 99-145646 and 99-145647 states that
all lots (other than open space, service or roadway lots) "shall be used only for single
family residential purposes and accessory uses. No single family residential lot shall be
improved except with a residence structure or complex designed to accommodate no
more than one single family and its servants and occasional guests, plus such other
improvements and structures as are necessary or customarily incident to a single family
structure."
Stacy Higa, Chairman
and Members of the County Council
Page 6
The Uplands at Mauna Kea Subdivision was approved under Subdivision No.
7163 on August 19, 1999. The project area is located approximately 1,000 feet mauka of
the Queen Kaahumanu Highway. Of the 19 properties which are the subject of this
application, single-family dwellings have been constructed on 17 lots (parcels 1-] 7),
Parcel 18 is reserved for open space, and Parcel 19 is a roadway lots. Lots in the
subdivision (exclusive of roadway lots and the open reserve lot) range in size from 17,497
to 44,985 square feet.
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 change of zone request from the Multiple-Family Residential (RM-
15) to aSingle-Family Residential (RS-15) zoned district will conform to, among others,
the goals, policies and standards of Land Use, Economic and Housing Elements of the
General Plan. The change of zone would complement the existing single family
residential uses in the area. The project area abuts the Hapuna Golf Course, which is
zoned Open. The properties are surrounded by single-fami]y and multiple-family
residences. This request would complement a policy of the Land Use element of the
General Plan which states, "allocate appropriate requested zoning in accordance with the
existing or projected needs of neighborhood, community, region and County." Although
the subdivision is zoned Multiple-Family Residential, only single-family dwellings are
permitted in the subdivision. Single-family dwellings have been constructed on 17 lots.
The requested Single-Family Residential zoning designation would be more appropriate
for the area.
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 properties are designated Medium Density
Urban, which includes village and neighborhood commercial and single family and
muhiple family residential and related functions (multiple family residential - up to 35
units per acre).
Stacy Higa, Chairman
and Members of the County Council
Page 7
The properties are located within an area adequately served with essential services
and facilities. Access to the properties is from Amaui Road, a privately owned and
maintained roadway with a 60-foot wide right-of--way with 25-foot asphalt paving and
grass swales. County water is available to the properties. The subdivision is serviced by
a private sewer system meeting the standards and requirements of the Department of
Health. Electric and telephone services are available to the project area. The closest
police substation and fire station is located five miles south of the site at Mauna Lani
Resort. Medical services are available at the North Hawaii Community Hospital in
Waimea or the Kona Community Hospital in Kealakekua.
The request is not contrary to Chapter 205A, Hawai `i Revised Statutes, relating to
Coastal Zone Management Area. The properties are not located within the Special
Management Area and are not oceanfront properties. Thus, no shoreline processes will
be affected by the proposed action. According to the applicant, no valued cultural,
historical or natural resources exist on the property and there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site; thus, the
proposed action will not affect traditional Hawaiian rights. Thus, it is not anticipated that
the proposed request will have any adverse impact on cultural or historical resources in
the area.
The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone
"X," areas outside the 500-year flood plain. There are no significant drainage ways that
adversely affects the project site. The entire site has been grubbed and graded as part of
the Uplands at Mauna Kea Subdivision. No formal archaeological study was submitted.
According to the applicant, several archaeological studies were conducted of the project
site. As a result of all previous permits and approvals, mitigation measures have been
implemented. The proposed action will not result in any additional development of this
fully developed and landscaped subdivision. Given the subdivision's urban setting, the
presence of any known rare, threatened, or endangered species or endangered floral and
fauna species is remote. The subdivision is not used for access to the mountains or
shoreline and no access to these areas will be impacted by the proposed action.
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 ftshing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• InvestiKation of valued resources: No formal archaeological, cultural or botanical
survey was included with the request.
Stacy Higa, Chairman
and Members of the County Council
Page 8
• The valued cultural, historical, and natural resources found in the rezonine area:
The project area is fully developed with single family residences. The applicant
has stated that as a result of previous permits and approvals, mitigation measures
have been implemented. The proposed action will not result in any additional
development of this fully developed and landscaped subdivision. Given the
subdivision's urban setting, the presence of any known rare, threatened, or
endangered species or endangered floral and fauna species is remote.
• Possible adverse effect or impairment of valued resources: Native plants maybe
destroyed by construction or ground alteration. According to the applicant, there
are no endangered species of flora on the properties.
• Feasible actions to protect native Hawaiian ri its: According to the applicant, no
gathering is taking place on the site. Thus, 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 these
rights.
Based on the above findings, this request to reclassify the properties from a
Multiple-Family Residential (RM-15) to aSingle-Family Residential (RS-15) zoned
district would result in an appropriate land use pattern and further benefit the general
public.
For your favorable consideration, amendments to the State Land Use Boundaries Map and to
Section 25-8-12 (Kawaihae-Puako Zone Map), Article 8, Chapter 25 (Zoning Code) are
transmitted.
Stacy Higa, Chairman
and Members of the County Council
Page 9
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Fred Galdones, Chairman
Planning Commission
Lsmith02PC
Enclosures
cc: Mr. Gregory Mooers
Mr. Marlin E. Smith
Department of Public Works
Department of Water Supply
Planning Department -Kona
Department of Land & Natural Resources-HPD/Kong
Rodney Haraga, Director/DOT-Highways, Honolulu
BSmi[hSL[IREZ.doc-8!9!05
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
MARTIN E. SMITH
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-003)
CHANGE OF ZONE APPLICATION (REZ OS-0111
MARTIN E. SMITH has submitted applications for a State Land Lase Boundary
Amendment from Agricultural to Rural and a Change of Zone from Agricultural 5-aere (A-Sa) to
Residential and Agricultural 2-acre (RA-2a) for approximately 5.304 acres of land. The pmperty
is located along the south side of Kanehoa Street, approximately 450 feet west of the Kanehoa
Street-Anekona Street junction, Kanehoa Estates Subdivision, Ouli, South Kohala, Hawaii,
TMK: 6-2-1 I : 30.
APPLICANT'S REQUEST
1. Proposed Action: State band 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 applicant proposes to construct a dwelling on each
of the two lots. (Exhibit A -State Land Use Boundary Amendment and Change of
Zone Applications)
2. Landowner: Martin Edson Smith and Heidi Beth Smith AB Living Trust, Martin Edson
Smith and Heidi Beth Smith, co-trustees.
STATE AND COUNTY PLANS
3. State Land Use Designation: Agricultural. ~
4. GP LUPAG Map: Rural. 'T'his 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. Ohana Dwellings: Ohana dwellings maybe allowed in the proposed State Land Use
Rural District and County RA-2a zoned district.
7. Coastal Zone Management,llRS, 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
ATTAC}i: Ccam. 546
Sills 174 & 175
Coastal Zone Management Program and regulated by the County. The property is
located approximately six miles from the neazest coastline and not situated within the
Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is a vacant roughly rectangular shaped lot
approximately 5.304-acres in size in the Kanehoa Estates Subdivision with frontage on
Easement 22 (Aho Place). The property has previously been used for pashuing animals.
The property slopes in a northerly direction at an approximate grade of 5 to I S percent.
10. Kanehoa Estates Subdivision: The property was created ott April 29, 1985 as one of
27 lots in the Kanehoa Estates Subdivision.
11. Adjacent Land Uses: The adjacent property to the east and south, and one property to
the west have been reclassified to the State Land Use Rural district and rezoned RA-2a.
12. Surrounding Zoning/Land Uses: 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 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 minted residential
uses and vacant lands.
13. Previous Approvals: From 1998 to present, the County Council has approved similaz
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 more than twenty
similar requests approved by the County Council.
14. ALISH: Unclassified.
15. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
16. U.S. Soil Survey: Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent
slopes. Permeability is moderately rapid, runoffis medium, and the erosion hazard is
moderate.
17. FIRM: Zone "X", area determined to be outside the 500-yeaz flood plain.
-2-
1 S. Flora/Fauna Resources: No formal flora/fauna study was submitted. The site has been
grubbed and previously used for pasturing animals. The natural vegetation consists of
baffle grass, fountain grass, Spanish clover, prickly poppy and yellow guava. Common
animal species in the area include field mice and mongoose. According to the applicant,
there is no known or recorded rare or endangered animal or plant life in the area.
19. Archaeological Resources: Since the property was previously used for pasturing
activities, the applicant states that it is expected that no archaeological or historic features
exist on the property. By Leiter dated June 22, 2005 the applicant 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 applicant, there is no evidence
of any traditional and customary Native Hawaiian rights being practiced on the site.
2l . Public 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, to Easement 22 (Aho
Place), a private roadway with an approximately 50-foot right-of--way with 16 feet of
asphalt paving and grass swales. Currently eight other Tats take access from Easement
22.
23. Water: County water is available to the site.
24. Wastewater: There is no municipal sewer system in the area. All lots in the area
dispose of wastewater through individual wastewater systems. 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
are available to the property. The nearest police and fire facilities are located in Waimea,
approximately six (6) miles east of the site.
26. Recreafional Facilities: The Waimea Park and Anuenue Playground aze located in
Waimea. Spencer Beach Pazk is approximately (6) miles west of the site.
AGENCIES' COMMENTS
27. Department of Health: Exhibit B -August 4, 2Q05 Memo
-3-
28. Department of Transportation: Exhibit C -July 19, 2005 Letter
29. State Land Use Commission: Exhibit D -July 27, 2005 Memo
AGENCIES - NO COMMENTS
30. Fire Department
AGENCIES - NO OBJECTIONS
31. Police Department
AGENCIES - NO RESPONSES
32. Department of Public Works, Department of Water Supply, Oflice of Housing and
Community Development, Department of Land and Aiaturat Resources Land
Division and Historic Preservation Division, Natural Resources Conservation
Service
PUBLIC COMMENTS
33. None as of this writing.
-4-
P~iS( OI(kc Box l l01
MOOERS Kamuela, Hawaii 9G7 ~3
ENTERPRISES LLC P},~11e ~sos> Aso-~-~ss
~ Fax (808) 880-1k56
l,Ld1tG~ USC,fIltC772C[t•lVBS gmooers~uhaw~aii.rccom
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO RURAL
CHANGE OF ZONE:
AGRICULTURAL S-ACRE TO
RESIDENTIAL-AGRICULTURAL 2-ACRE
Tax Map Key: (3) 6-2-11:030
Ouli, South Kohala, Hawaii
Applicant: Martin E. Smith
Submitted by:
Mooers Enterprises, LLC
July 6, 2005
EXHIBIT
A
Mar.., Smith Boundary Amendment mtd Cha,.o,: of Zone Applications
TABLE OF CONTENTS
Page
- _ ~
STATE LAND USE BOt1NDARY AMENDMENT APPLICATION
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS i
L GENERAL INFORMATION 2
II. SUBJECT REQUEST/PROPOSED DEVELOPMENT 2
III. CONFORMANCE WITH STATE AND COUNTY PLANS
A. State Land Use Designation 3
B. Applicable Goals/Policies and Objectives of the General Plan........ 5
C. General Plan Designation 6
D. County Zoning Code 7
E. Special Management Area 7
F. Chapter 205A: Coastal Zone Management Act 7
G. Mountain Access 8
IV. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting 8
Historic Resources . 9
('ultural Resources 10
Natural Resources (1%lora-Fauna) 10
Social-Economic Characteristics 10
Surrounding Lands I 1
i
STATE LAND 115E BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: Martin E. Smith
PETITIONER'S SIGNATURE: ~ ~ ATE: 6/22/05
ADDRESS: 62-2391 Kanehoa Street, amuela, Hawaii 96743
PETITIONER'S INTEREST IF NOT OWNER: Co-owner, trustee
TELEPHONE: (Bus.) 880-1236 (Res.) _ (Fax) 880-1236
LANDOWNER(S): Martin Edson Smrth and Heidi eth Smith AB Livin Trust,, Martin Edson Smith and Heidi Be[h Smi
LANDOWNER SIGNATURES ~ ATE: 6/22/05
(May be by letter)
ADDRESS: 62-2391 Kane
Kamuela. Hawaii 96743
TAX MAP KEY: (3) 6-2-0] l:030
STREET ADDRESS OF PROPERTY: Kanehoa Street
ZONING: A-5a SIZE OF PROPERTY: 5.3042 acres
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural~~'
AGENT: Gregory R. Mooers
ADDRESS: Mnnerc Fntemrisec. LLC
P.O. Box 1 ! 01
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 880-]455 (Res.) 880-rasa _ (FaX) 880aas6
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mooers COPIES: Martin E. Smith
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Martin E. Smith
APPLICANT'S SIGNATURE: ~ DATE: 6rz2ios
ADDRESS: 62-2391 KanehoaStreet
Kamuela, Hawaii 96743
LIST APPLICANT'S INTEREST IF NOT OWNER: co-owner
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.)88o-1236 (Fax)880-1236
LANDOWNER(S): Martin Edson Smith Heidi Beth Smith AB Living Trust, Martin Edson Smith and Heidi Beth Smith
LANDOWNER SIGNATURE(S) DATE: 6122105
(May be by letter)
LANDOWNER(S) ADDRESS: 6 .-2391 anehoa Street, Kamuela, Hawaii 96743
REQUEST: Agricultural 5-acres (A-Sa) TO Residential-Agricultural 2-acres (RA-2a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 6-z-011:034
STREET ADDRESS OF PROPERTY: Kanehoa Street
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.3042 acres
AGENT: Gregory R. Mooers
ADDRESS: Mooers Enterprises, LLC
P.O. Box 1 ] O 1
Kamuela, Hawaii 96743
TELEPHONE: (Bus.)sso-14ss (Res.)88o-lasa (Fax)S8o-lash
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mooers COPIES: Martin E. Smith
(See Instructions on Reverse Side)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COONTY 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? 5.3042
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? ittunediate
tl. Do you intend to build houses on the newly created lots? Yes
If please answer the following questions:
On how many of those lots? 2
At what approximate price range? House
Lot
T of a 1 $700,000
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? one year
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form. enclosed
2. If you have no firm plans of subdividing the subject area, do you
intend to:
d• 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
r, If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, al''0, include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3• Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
The proposed action will create one additional residential-agricultural lot in the South Kohala dishict.
g. 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?
Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot-size for that: commodity?
~ Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend co subdivide the subject 1<3nd 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? Yes
If so, please describe the problem.
There is a drainage easement on the northern portion of the lot where ponding occurs during high rainfall.
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 voluttte 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
X
f. Fire Protection
g, Recreational Facilities X
X
h. Public Otilities
Other
For those checked "yes", please elaborate what type or kinds of improvements
andfor assistance are reeded.
Signature:
Address: 2-2391KanehoaStreet, Kamuela,Hawaii96743
Telephone: 880-1236
Date: June 22, 2005
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Marlin Smith Boundary Amendment and Change of Zone Applications
BACKGROUND
AND
COUNTY ENVIRONMENTAL REPORT
STATE LAND USE BOUNDARY AMENDMENT:
AGRICULTURAL TO RURAL
CHANGE OF ZONE:
AGRICULTURAL 5-ACRE TO
RESIDENTIAL-AGRICULTURAL 2-ACRE
Tax Map Key: (3) 6-2-11:030
Ouli, South Kohala, Hawaii
Applicant: Martin E. Smith
The applicant, Martin E. Smith, is seeking a State Land Use Boundary Amendment from
Agricultural to Rural and a Change of Zone from Agricultural 5-acre (A-Sa) to
Residential -Agricultural 2-acres (RA-2a) fora 5.3042 acre parcel located on the south
side of Kanehoa Street and east side of Easement 22 at Ouli, South Kohala, Hawaii, Tax
Map Key (3) 6-2-01130.
These requests are made to allow the subsequent subdivision of the property into 2
residential-agricultural lots with related improvements consistent with the new zoning
designation.
1
M~. . n Smith Boundary Amendment and Chi. oe of Zone Applications
L GENERAL INFORMATION:
Martin Edson Smith and Heidi Beth Smith AB Living Trust, Martin Edson Smith and
Heidi Beth Smith co-trustees, are the fee owners of the subject property. The subject
property is Lot 30 of the Anekona Estates Subdivision.
II. SUBJECT REOUEST/PROPOSED DEVELOPMENT:
A. The applicant is proposing to redistrict a 5.3042 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 vacant and unused. This site has been used previously and
periodically to pasture livestock. The property has previously been graded to
facilitate its use for pasturing animals and for subdivision purposes. Please see the
site photographs in the exhibits.
C. The 5.3042 acre lot is a roughly rectangular shaped lot located at the intersection of
Kanehoa Street on the north and easement " 22" on the east. Please see the vicinity
maps and rezoning exhibit in the Exhibits.
D. Access to the proposed subdivision will be from Kanehost Street to the existing
easement " 22" for both lots. Kanehoa Street and Easement " 22" aze private roadways
with a 50' right-of-way with 16' of asphalt paving and grass swales,
E. There will be no interior roadways as both lots will have direct access, one off of
Kanehoa Street and one off of easement " 22". Please see the change of zone exhibit.
F. Underground utilities will be provided to each of the proposed 2 lots from the
Anekona Estates Subdivision's existing infrastructure that presently serves the site.
G. Construction on the newly created lots will begin immediately after all governmental
approvals are secured.
H. There will be restrictive covenants developed for the subdivision that will prohibit
second dwellings to preserve the residential-agricultural ambience of the azea.
2
Marei~i Smith Boundary Amendment and Cha,~ge of Zone Applications
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
Rural District. It should be noted that since 1985, pursuant to State law, the
Counties aze allowed to process amendments to the district classification if the
land area is less than 15 acres. In this case the subject parcel consists of 5.3042
acres so no Land Use Commission ratification is needed.
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the azeas need not be
included in this district if their inclusion will alter the general
chazacteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not
less than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in azeas where "city-like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may
include other parcels of land which are surrounded by, or contiguous to
this district, and are not suited to low-density residential uses for small
farm or agricultural uses.
The proposed redistricting is consistent with § 15-15-27 of the Hawaii Land Use
Commission Rules that determines the Permissible uses within the Rural district.
This states: "(a) Permissible uses within the rural district shall include the
following activities: (1)All uses permitted under section 15-15-25 relating to
agricultural uses and those uses that are compatible within the agricultural district;
(2) Low-density residential uses with a minimum lot size of one-half acre. The
commission for good cause may allow one lot of less than one-half acre, but not
less than 18,500 square feet, or an equivalent residential density, provided all
other lots in the subdivision have the minimum lot size of one-half acre. A
3
Ma, .~n Smith Boundary Amendment arzd Cha,.ge of Zone Applications
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
proposed reclassification is also compatible with the statutory definition of Low-
density residential lots of more than one dwelling house. The applicant has and
would like to construct Single Family Dwellings. However, Chapter 205, Hawaii
Revised Statutes, does not authorize residential dwellings as a permissible use in
the Agricultural District unless the dwelling is related to an agricultural activity or
is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as
"a single family dwelling located on and used in conjunction with a farm,
including clusters ofsingle-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
andlor 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 azeas sensitive tp
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii s people.
(2) Stimulate and promote feasible approaches that increase housing
choices For low-income, moderate-income and gap-group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
4
Mu. <<n Smith Boundary Amendment and Chu,.~e of Zone Applications
services, and other concerns of existing communities and
surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
B. Applicable Goals/Policies and Objectives of the General Plan:
LAND USE
Through the cazeful analysis and examination of past and present situations, the
following goals, policies, and standards are set forth to physically plan the lands in
the County in the best interest of the island's residents.
GOALS
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
POLICIES
• Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
• Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
• The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
STANDARDS
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zoned uses, availability of public services and utilities, access, and
public need.
HOUSING
GOALS
• Attain safe, sanitary, and livable housing for the residents of the
County of Hawaii.
5
Marun Smith Boundary Amendment and Char~~e of Zone Applications
• The cornerstone of the County's housing programs and activities shall
continue to be the encouragement and expansion of appropriate home
ownership opportunities for our residents.
POLICIES
Rural-style residential-agricultural developments, such as new small
scale viral communities or extensions of existing rural communities,
shall be encouraged in appropriate locations.
The County shall review and amend if necessary land use ordinances
and codes to include considerations for rural-style residential
subdivisions in appropriate locations. Standards and criteria for the
establishment of these areas shall be developed.
APPLICANT'S RESPONSE:
The proposed action will be the best classification for these lands and in
the best interest of the island's residents. 7'he 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 new General Plan which
designates this area as "rural" and the surrounding zoning and land uses.
The Council has consistently supported Rural designations and uses for
this subdivision and the immediate area surrounding the subject property.
C. General Plan Designation:
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals, policies, standards and courses of
action. It is also a gr;rphic depiction of the physical relationship between the
6
Martin Smith Boundary Amendment and Change of Zone Applications
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. This request
would allow rural development. The azea under consideration is consistent with
the rural form established for this section of the South Kohala District as depicted
on the LUPAG Map. Based on the above findings, including the General Plan's
goals and policies, the granting of the rural boundary amendment would
complement and implement the General Plan.
D. County Zoning Code:
'The original zoning for this pazcels was Unplanned, but upon the approval of the
new zoning code on December 7, 1996, all Unplanned zone property was re-
designated as Agricultural 5-acre (A-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 nbt require a SMA permit.
F. Chapter 205A: Coastal Zone Management Act:
The subject property is located approximately six miles from the shoreline
surrounded by a regional roadway system and rural-residential subdivisions and
vacant land. The proposed use of the subject property will not negatively impact
recreational resources, visual resources to or from the shoreline, including access to
and along the shoreline or coastal ecosystems. Therefore no scenic or open space
resources to the shoreline coastal view plane or coastal ecosystem will be negatively
impacted by the proposed action.
7
Martin Smith Boundary Amendment and Change of Zone Applications
G. Mountain Access:
The subject property is surrounded by the regional roadway system, vacant lands
and rural-residential subdivisions. The property is not used for access to the
mountains or any mountain feature, therefore no public access to these areas will be
impacted by the proposed action.
IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL
SETTING:
Physical Characteristics/Environmental Setting:
A. The 5.3042 acre lot is a roughly rectangular shaped lot located southeast of the
intersection of Kanehoa Street and easement " 22". Please see the location map and
rezoning exhibit in the Exhibits.
B. The property's Kanehoa Street frontage is approximately 465 feet, and its frontage
along easement 22 is approximately 600 feet. Please see the site plan in the exhibits.
C. Annual rainfall for the area is between 20 to 35 inches according to An Inventory of
Basic Water Resources Data: Island of Hawaii, published by the Department of Land
and Natural Resources.
D. The site is slopes from its southern boundary down to the northern boundary at a
grade between 5 and 15%, with the steepest grades being on the southern portion of
the site.
E. The site presently is vacant. The site has been previously used periodically for
pasturing animals. Please see the site photographs in the exhibits.
F. The U. S. Geological Survey has categorized the island into nine zones of
compazative hazazd rates from lava flows, with Zone 1 being the highest and Zone 9,
the lowest severity of hazazd. The U. S. Geological Survey designates the subject
property as "Lava Hazard Zone 8"; Only a few percent of this azea has been covered
by lava in the past 10,000 years.
G. The site is located approximately six miles from the ocean at Spencer Pazk.
H. The State Department of Agriculture's Aericultural Lands of Importance to the State
of Hawaii (ALISH) has no classification for this property.
8
Marnn Smith Boundary Amendment and Cha.,ge of Zone Applications
L 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. The soils are gently sloping and most areas aze
extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500
feet and receive between 20 to 35 inches of rainfall annually. Their mean soil
temperature is between 69 degrees and 71 degrees. The natural vegetation consists of
bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and
Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu
Pa soils aze used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20
slopes (PVD). This soi] is found low on the leeward side of Hualalai, Mauna Kea,
and the Kohala Mountains. In a representative profile the surface layer is very dark
brown extremely stony very fine sandy loam about 6 inches thick. The next layer is
dark brown and dark yellowish brown very stony very fine sandy loam about 34
inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to
slightly acid in the surf ace layer and neutral in the substratum. In places the surface
layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is
moderate. Roots penetrate to the fragmental Aa lava.
J. The Land Study Bureau's overall master productivity rating system classifies the soil
as Class "E" or Very Poor for agricultural use.
K. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army
Corps of Engineers, the property is in Zone "X", an area outside the 500-year flood
plain. There is a drainage easement on the northern portion ofthe site.
Historic Resources:
Since the site has been previously grazed by cattle and extensively graded for
development, it is expected that no archaeological features exist on the property or that it
provides a habitat for endangered plants or animal species. There is no evidence of
historical or cultural features on the parcel, nor did the records in the Planning
Department disclose any significant findings attributable to the subject property. The
applicant has written a letter to the State Historic Preservation Division requesting a
9
Martin Smith Boundary Amendment and Change of Zone Applications
determination of "no effect" for the proposed action. A copy of that letter is in the
Exhibits. Recent archaeological assessments in this subdivision have led to "no effect"
letters from SHPD.
Cultural Resources:
No valued cultural, historical or natural resources exist on the subject property and no
gathering is taking place. To the extent to which traditional and customary native
Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian
rights, therefore no action is necessary to protect those rights.
Natural Resources (Flora-Fauna):
The natural vegetation consists of buffle grass, fountain grass, Spanish clover, prickly
poppy and yellow guava. As previously mentioned, the site has been grubbed and
formerly used for pasturing animals. Common animal species in the area include field
mice and mongoose. There is no known or recorded rare or endangered animal or plant
life in the area.
Social-Economic Characteristics:
Social settlement pattern for the area: Waimea, along with the rest of South Kohala, has
undergone significant chartge over the past two decades as resort development along the
South Kohala coastline has grown and the base facilities for astronomy research have
been developed in town. This area has been a ranching community for many years, the
home of Parker Ranch and many smaller cattle operations. Farmers have settled in the
area to grow truck crops for the Big Island and the rest of the state. There are retirees
from Oahu and the mainland that are attracted to the rural lifestyle and weather patterns
of Waimea as well. With the growth of Hawaii as a visitor destination, workers from the
South Kohala resorts are finding Waimea a suitable bedroom community. The Hawaii
Preparatory Academy has attracted many families with their national reputation as a high-
quality college preparatory school.
10
Martin Smith Boundary Amendment and Change of Zone Applications
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 I
the South Kohala coastline. In 1996 the North Hawaii Community Hospital was opened
and this has provided a number of employment opportunities in the health care and
related fields. Hawaii Preparatory Academy and Parker School are valued resources for
the area. Waimea is also the host town for the headquarters of the Keck and CFH
telescopes atop Mauna Kea.
Land !~a[ues: According to knowledgeable Realtors in this area, similar agricultural 2-
acre lots in this immediate area sell for $350,000 to $375,000.
Surrounding Lands:
Land Use/Zoning:
Of the adjacent parcels, some are in the State Rural District and zoned RA-2a by the
County. There are eighteen 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-1 a and is presently undeveloped.
There is a small State classified urban area located immediately below the site that hosts
an affordable housing project, Ouli Ekahi and aself--help housing project.
The uses of the property in the immediate area are rural/residential in chazacter with
minimal agricultural activities.
V. PUBLIC FACILITIES AND UTILITIES
A. The property is located at the intersection of Kanehoa Street on the north and
Easement " 22" on the east. Kanehoa Street and easement " 27" are private 50' wide
right-of--ways with 16' of asphalt paving and grass swales.
I1
Martin Smith Boundary Amendment arad Chu.~ge of Zone Applications
B. The site is serviced by Department of Water Supply water and presently has two
meters.
C. Electrical, telephone and cable service are provided to the project site via the
underground utility service of the Anekona Estates Subdivision.
D. This area is not serviced by a municipal sewer system. All lots in this azea dispose of
wastewater through individual wastewater treatment systems. The applicant proposes
that any structures built on the subject pazcel would use an individual wastewater
treatment system meeting with the standazds and requirements of the State
Department of Health.
E. The nearest police station is located eight miles east of the site in Waimea.
F. The nearest fire station is located eight miles east of the site in Waimea.
G. The neazest public recreation facility is Waimea Park and Anuenue Playground
located seven miles east of the site. Hapuna Beach Park is seven miles to the west of
the site. Spencer Beach Pazk is located six miles west of the site.
H. Public schools (seven miles east) and private schools (4 miles east) provide
educational services to the area.
VI. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity: In terms of the relationship between
short-term use of man's environment and the maintenance and enhancement of long-
term productivity, no short-term exploitation of resources that would entail negative
long-term consequences has been identified for the proposed action.
B. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All
construction on the site will comply with all governmental regulatory controls to
mitigate noise and dust during the construction period. All structures and
infrastructure improvements constructed will comply with all federal, state and county
requirements. All important cultural, historical and natural resources will be treated
in accordance with agency requirements.
12
Martin Smith Boundary;2trte~tdtnent and Chprrg~ ~,~na,lppPicationa
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Post Office Box 1101
MOOERS Kamuela, Hawaii 96743
ENTERPRISES, LLC rhnnt- lso:;~ Hao-14ss
Fax (808) 880-1456
Land Use Alternatives ~~nnorrs~4hawaii.rr.com
June 22, 2005
Mary Anne Maigret
State Historic Preservation Division
74-383 Kealakehe Parkway
Kailua-Kona, Hawaii 96740
Re: Archaeological Clearance
TMK: (3) 6-2-011:030
Anekona Subdivision
Lalamilo, South Kohala, Hawaii
Mary Anne:
1 am processing a boundary amendment and change of zone request for the property identified above
which is located in the Anekona Subdivision. I have been required by the Planning Department to either
get a "no effect" letter from your Division or do an inventory survey for the subject property.
There have been numerous change of zone applications in this subdivision that have been processed
without inventory surveys. A previous archaeologist with your division, Marc Smith, has written "no
effect" letters for these changes of zone actions. You have also previously issued "no effect" letters.
Some of the lots in this subdivision have been surveyed, and in all cases the consulting archaeologist and
your office determined there were no historic sites affected by the proposed action. By this letter I am
requesting that you issue a "no effect letter" for [he change of zone requested for this property. I would
like to spare the applicant the expense of what I believe to be an unnecesshty survey or assessment.
Should you require additional information or have any questions, please contact me. I appreciate your
prompt response to this request fora "no effect" letter.
Sincer ly,
//rte
Grego Mooers
President
G1tM:jY
Copy Chris Yuen, Planning Director
• Martin Smith Bnultdary Amendment gna'CHwege tr,~~otre t~ztlr
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Martin Smith Boundary Amendment anu change of Zone Applications
SITE PHOTOGRAPHS
i
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Looking east from Easement " 22" over subject property.
Looking south from Kanehoa Street over subject property.
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LINOA LIP.IOLE ~ CNIVOME L FUI(3N0, N.O.
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,%...o
STATE OF HAWAII
DEPARTMENT OF HEALTH
Po eoxsls
HILO. HAWAII 96721-091E
MEMORANDUM
DATE: August 4, 2005
TO: Christopher .l. Yuen
Planning Director, County of Hawaii
FROM: Aaron A. Ueno `t
District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment Application (SLU 05-003)
Request: Agricultural to Rural
Change of 7,one Application (RF.Z 05-O1 l)
Request: A-Sa to RA-2a
Applicant: Martin E. Smith
TMK: 6-2-0 L 1:30
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of
the subject document on July 1 1, 2005. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
1. The Army Corps of Engineers should be contacted at'(808) 438-9258 for
this project. Pursuant to Federal Water Pollution Control Act (commonly
known as the "Clean Water Act" (CWA)), Paragraph 401(a)(I), aSection
401 Water Quality Certification (WQC) 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...". The term "discharge° is
defined in CWA, Subsections 502(16), 502(12,), and 502(6); Title 40,
Code of Federal Regulations, Section 1222, and Hawaii Administrative
Rules (HAR), Chapter l I-54.
2. In accordance with HAR, Sections 11-55-04 and I 1-55-34.05, the Director
of Health may require the submittal of an individual permit application or
EXHIBIT
r--.
Planning Director, Count}- of Hawaii
Page 2
August 4, 2005
a Notice of Intent (NO[) for general permit coverage authorized under the
National Pollutant Discharge Elimination System (NPDES).
a. An application Cor an NPDES individual 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 ut
downloaded from our website at
htt J/www.hawaii.gov/health/environmental/water/clcanwatcr/Ibrms/i
ndiv-in~lex.hhnl.
b. An NOl to be covered by an NPDES general permit is to be submitted
at least 30 days before the commencement of the respective activity.
A separate NOI is needed for coverage under each NPDES general
permit. The NOI forms maybe picked up at our office or
downloaded from our website at:
httn:/,~www.hawai.~pv_ /health/environmental/water/cleanwatcr/forms/~
cnl-indcx.btntl.
i. Storm water associated with industrial activities, as defined
in Title 40, Code of Federal Regulations, Sections
122.26(b)(l4)(i) through 122.26(b)(14)(ix) and
122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B]
ii. Construction activities, including clearing, grading, and
excavation, 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. [HAR, Chapter 11-55, Appendix
C]
iii. Discharges of treated effluent from leaking underground
storage tank remedial activities. [HAR, Chapter I 1-55,
Appendix D]
iv. Discharges of once through cooling water Less than one (1)
million gallons per day. [HAR, Chapter 11-55, Appendix
E~
Planning Director, County of Hawaii
Page 3
August 4, 2005
v Discharges of hydrotesting water. [HAR, Chapter 1 1-55.
Appendix Fl
v~. uischarges of construction dewatering effluent. [HAl?,
Chapter 11-55, Appendix
vii. Discharges of treated effluent from petroleum bulk stations
and terminals. [HAR, Chapter 11-55, Appendix H]
viii. Discharges of treated effluent from well drilling activities.
[HAR, Chapter 11-55, Appendix I]
ix. Discharges of treated effluent from recycled water
distribution systems. [HAR, Chapter 11-55, Appendix J]
x. Discharges of storm water from a small municipal separate
storm sewer system. [HAR, Chapter 11-55, Appendix K]
xi. Discharges of circulation water from decorative ponds or
tanks. [HAR, Chapter 11-55, Appendix L]
3. In accordance with HAR, Section L 1-55-38, the applicant for an NPDES permit is
required 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 NO[ or application has beert'or is being reviewed
by SHPD. If applicable, please submit a copy of the request for review by SHPD
or SHPD's determination letter for the project.
4. Any discharges related to project construction or operation activities, with or
without a Section 401 WQC or NPDES permit coverage, shall comply with the
applicable State Water Quality Standards as specified in HAR, Chapter 11-54.
Ytanning director, County oCllawaii
Page 4
August 4, 2005
Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including
any public body, shall discharge any water pollutants into state waters, or cause or
allow any water pollutant to enter stale waters except in compliance with this chapter,
rules adopted pursuant to this chapter, or a permit or variance issued by the director."
is you have any questions, please conraci f?Ir. Alec'vVvng, 9upervisur ui t)ic
Engineering Section, CWB, at (808) 586-4309.
WORD:SLU OS-UU3/RHL OS-Ol l.a~
LINDA LINGLE i
~ ~
6q RODNEY K HARAGA
GO'Jt RNOR ~`9"s ~ DIRECTOR
`e'
Deputy Dveclors
6ap'~i` BRUCE i. MATSUI
y'., BARRY FUKUNAGA
~O~tia®dii'oemm'°o BRENNON T MORIOKA
BRIAN H SEKIGUCHI
STATE OF HAWAII IN RER~Y REEER rD
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097 STP S X183¢
July 19, 2005
t~lr.~iuistot'rhf-rJ Yuor~
Director
Planning Department
County of Hawaii
1 O1 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Martin E. Smith
State Land Use Boundary Amendment Application (SLU OS-003) and
Change of Zone Application (REZ OS-011)
TMK: 6-2-11:30
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 intersections with Kanehoa Street and
Anekona 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 irprovements at the above
intersections. Such improverents 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.
W e appreciate the opportunity to provide our comments.
Veiry truly yours,
~OD E H GA
Direc of Tratl portation
4~~'.~~A:~>5,,.,
EXHIBIT
G
LIND4 LIPI(SLE o
r; ``a: ANTHONY J.H. CHING
<30V2 FNOa ,,it; wss ~XEWTNE OFFICER
61,
STATE OF HAWAII
DEPq~RTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION
P O. Box 2359
Honolulu, Hewaii 96804-2359
Telephone'. 808-587-3822
Fax'. 808-587-3827
Maly ?7, 2005
ivlr. Chr:sfupher Yuen, Director
Planning Department, County of Hawaii
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Yuen:
Subject: SLU 05-003
Request: Agricultural to Rural
Change of Zone Application (REZ 05-071)
Request: A-5a to RA-2a
Applicant: Martin E. Smith
Tax Map Key: 6-2-11:30
We acknowledge receipt of your July 11, 2005 memorandum regarding the above
subject application.
Given the location, scope, and nature of the proposed activity, the State Land Use
Commission defers to the judgment of the County of Hawaii in this matter. We have no
further comments to offer at this time.
Thank you for the opportunity to comment on the subject project. Please do not hesitate
to contact me at 587-3822 should you require clarification or any further assistance.
Sincerely,
ANTHONY J. H G EXHIBIT ~ '
Executive Offic
xsm~u~z.a~-srsios
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
MARTIN E. SMITH
CHANGE OF ZONE APPLICATION (REZ p5-Ol l)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone regaest be forwarded to the County Council Since this recommea?dati~ is made
without the benefit of public testimony, the Director reserves the right to modify andlor 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 fmm Agricultural 5-acre (A-Sa) to
Residential and Agricultural 2-acre (RA-2a) for approximately 5.304 acres of land. to
subdivide the property into two lots approximately two acres in size to construct one
single-family dwelling on each lot. The applicant has submitted a concurrent request for
a State Land Use District Boundary Amendment from an Agricultural to a Rural district.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zoue request from A-Sa to RA-Za will conform to, among
others, the Laud Use (Single Family Residential policies of the Genera! Phm:
• Rural-style residential-agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be
encouraged in appropriate locations.
-t-
• Review and amend land use ordinances and codes to include
considerations for Huai-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall
be developed.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic url~n
and non-urban form for auras within the County. T1ie subject area is designated Rural.
This designation includes existing subdivisions in the State Land Use Agricultural and
Rural districts that have a significant residential component. From 1998 to present, the
County Council has 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 ICanehoa Estates Subdivision and Anekona Estates Subdivision.
The property was created on April 29, 1985 as one of 271ots 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 east and south, and
a property to the west have been reclassified to the State Land Use Rural district and
rezoned RA-2a. 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 nae pattern being established wig ~ 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 atiow 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. Altlwugh 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 infrashvcture which cannot be supported. Therefore, a condition
-2-
is included in the change of zone ordinance to prohibit a second dwelling unit and a
Condominium Properly Regime on each lot.
The properly was previously utilized for pasturing livestock, but no agricultural
activities are currently being conducted on the site. The Federal Emergency Management
Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an azea
determined to be outside of the 500-yeaz flood plain. The property slopes in a northerly
direction at a slope of approximately 5 to 15 percent. 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 agricultural uses ~y
exist, the soil conditions within the property and surrounding area would preclude such
agricultural activities from being conducted on the property.
Access to the properly is from ICanehoa Street, a private roadway with a 50-foot
right-0f-way with 16 feet of asphalt paving and grass swales, to Easement 22 (Aho
Place), a private roadway with an approximately 50-foot right-of-way with 16 feet of
asphalt paving and grass swales. Similaz change of zones may occur in the area, creating
home sites and placing additional traffic burden on 1Cawaihae Road. Therefore,
conditions of approval have been included to ensure that the mad improveme~ 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
s.
meeting the standards and requirements of the State De~rtment of Heahh. 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
ProP~Y-
The regaest is not contrary to Chapter 205A, Hawaii Reviled Statutes,
relating to Coastal Zone Management Area. The pmperty is not situated within the
Special Management Area It is looted 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
-3-
Based on the above findings, the approval of the Change of Zone request from an
Agricultaral 5-acre (A-Sa) to a Residential and Agricultura? 2-acre (RA-2a) zoned district
would result in an appropriate land use pattern that will further benefit the public.
The accompanying draft bill to amend Section 25-8-7 (North and South Kohala 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 fhe draft
bill.
-5-
CSmiffiRHZ.dce-818105
MARTIN E. SMITH
CHANGE OF ZONE APPLICATION (REZ OS-011)
CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant(s), its successors or assigns shall be responsible for complying with
all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Rural District.
C. Final Subdivision Approval of the subject property shall be secured within five
(5) yeazs from the effective date of this ordinance.
D. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction u1~a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
E. At the time improvements at the Kawaihae Road - Anekona Street or Kawaihae
Road - Kanehoa Street intersection are made by the State Department of
Transportation, the applicant(s), its successors or assigns shall pay their fair shaze
amount for the required improvements which will be determined by the Planning
Director in consultation with the Department of Transportation.
F. Should any remains of historic sites, such as rock walls, terraces, platforms,
mazine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an azchaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
G. The applicant(s) shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
11. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified lmpact Fees
Ordinance.
I. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its successors or
assigns, and that aze 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 contrazy to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
-2-
~C~LTNT~~ r-TA~Ai`I ~°I"~~TE OF ~-IAWAI`~
BILL NO.
(PLANNING DEPT)
~..tRI~INf~laCE; 1NIU.
AN ORDiNANCF., AMENDWG SECTION 25-8-7 (NORTH AND SOUTH KOHAI,A
DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-Sa) TO RESIDENTIAL AND AGRICULTURAL (RA-2a) AT OULI,
SOUTH KOHALA, HAWAI`[, COVERED BY TAX MAP KEY 6-2-11:30.
BE I`I' ORDAINED BY THE COUNCIL OF TAE COUNTY OF HAWAII:
SECTION l . Section 25-g-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Ouli, South Kohala,
Hawaii, shall be Residential and Agricultural (RA-2a):
Beginning at the Northwesterly corner of this parcel of land, being also the
Northeasterly comer of I,ot 3'l-B of Anekona Estates, and being a point on the Southerly
side of Kanehoa Street, the coordinates of said point of beginning referred to Government
Survcy'friangulation Station "PUU PA" being 11,437.17 feet North and 17,939.92 feet
Wesl and running by azimuths measured clockwise from True South:
I . 272° 14' 465.00 feet along the S,qutherly side of Kanehoa
Street to a point;
Thence, for the next twelve (12} courses following along the remainder of Roya]
Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young
Kanehoa:
2. 2° 14' 569.91 feet along Lot 25-B of Anekona Estates to a
point;
3. 94° 38' 22].69 feet along Lot 26-A ofAnekona Estates to a
point;
-1-
Thence, from a tangent azimuth of 291 ° 1 T 2T' following along Lots 26-A and
26-B of Ariekona Estates on a curve to the
right with a radius of 45.00 feet, the chord
azimuth and distance being:
4. 325° 58' 46.5" 51.22 feet to a point;
Thence, from a tangent azimuth of 0° 40' 06" following along Lots 27-A and
27-B of Anekona Estates on a curve to the
righ± with a radius of 45.00 feet, the chord
azimuth and distance being:
5. 44° 12' 03" 61.99 feetto a point;
Thence, from a tangent azimuth of 87° 44' following along Lots 28-B and 28-A of
Anekona Estates on a curve to the right with
a radius of 45.00 feet, the chord azimuth and
distance being:
6. 118° 59' 46.69 feet to a point;
Thence, from a tangent azimuth of 150° 14' following along Lot 29 of Anekona
Estates on a curve to the right with a radius
of45.00 feet, the chord azimuth and distance
being:
7. 169° 42' 16.5" 30.00 feet to a point;
Thence, from a tangent azimuth of 189° 10' 33" following along Lot 27 of
Anekona Estates on a curve to the left with a
radius of 45.00 feet, the chord azimuth and
distance being:
8. 169° 42' ] G.5" 30.00 feet to a point;
9. 150° 14' 5637 feet along Lot 29 of Anekona Estates to a
point;
Thence, following along Lot 29 of Anekona Estates on a curve to the right with a
radius of 775.00 feet, the chord azimuth and
distance being:
10. 157° 40' 200.53 feet to a point;
-2-
Thence, from a tangent azimuth of 165° 06' following along Lots 31-A and 31-B
of Anekona Estates on a curve to the right
with a radius of 775.00 feet, the chord
azimuth and distance being:
1 t, 173° 40' 230.89 feet to a point
12. 182° 14' 7994 feet along :Lot 31-B of Anekona Estates to a
point;
Thence, following along L,ot 31-B of Anekona Estates on a curve to the left with a
radius of 30.00 feet, the chord azimuth and
distance being:
13. 137° l4' 42.43 feet to the point of beginning and containing
an area of 5.3042 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. h~ accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
Necessary to prevent circumstances which maybe adverse to the public
heath, 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.
-3-
sECT[ON 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL, MEMBER. COUNTY OF HAWAII
',N"IRODUCED tiY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date'
-4-
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A-3a
A'
A-3a A-40a
W
A4a
F
RA-2a
i S
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A-fa ~ ~ `~~LdfhdA-3a
B~
A Sa / ~ ~ T _ RA-2a ~ ~ _ _
RA-2a ~ .
A Sa
A-Sa
y a
11,437~17N kdneh ~ ,
~ 17,939,~4~W 31 A-5a - A-3a
I ~ ~R~
lebl RI
_ _ ~ RA-2a ,
u _ ,
I~ _ y /
- A-Sa i-~
RA=2a ~
X20
A-Sa Ph0
d
S
f RA a
A-fa
RAa2a
RA"-2a ~ R - a ~ - q-5a
- ~ ~ - - BRA-2a- -
A-Sa
A-Sa - A-Sa
. RA=2a
A4a - A Sa AGRICULTURAL (A-5a) TO -
RESIDENTIALAND
AGRICULTURAL (RA•2a)
5.3042 ACRES
A-Sa
690 345 0 b90 1380 2070 2760 3460
Feet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO RESIDENTIAL AND AGRICULTURAL (RA-2a)
AT OULI, SOUTH KOHALA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK'. 6-2-011:030 Date: JULY 12, 200
EXHIBIT "A"
(Martin E Smlth_1172)
KSmfIhSLU.dw-8/9/05
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
MARTIN E. SMITH
STATE LAND USE BOUNllARY AMENDMENT APPLICATION (SLU OS-0031
Upon careful review of the request against the guidelines for granting a State Land Use
Boundary Amendment, the Planning Director is recommending that a favorable
recommendation for the State Land Use Boundary Amendment application 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 State Land Use Boundary Amendment from
Agricultural to Rural to subdivide the property into two lots approximately two acres in
size. The applicant intends to construct a dwelling on each of the two lots. The applicant
is also requesting a concurrent Change of Zone from Agricultural 5-acre (A-Sa) to
Residential and Agricultural 2-acre (RA-2a).
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 Ilse
Commission Rules, the following three standards shall apply when determining an area
for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the genera( characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per one-
halfacre in areas where "city-like" concentration of peop?e, structures, streets, and
urban level of services are absent, and where small farms are intermixed with the
low-density residential lots; and
(3) Generally, pazcels of land not more than five acres; provided it may include other
parcels of land which are surcounded by, or contiguous to this district, and are not
suited to low-density residential uses for small f~um 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 often 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. From ] 998 to
present, the County Council approved similaz requests for State Land Use Boundary
Amendments from the Agricultural to the Rural districts, and Change of "bones from A-Sa
to RA-2a in the Kanehoa Estates Subdivision and Anekona Estates Subdivision.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
permissible uses within the Rural district. This states: "(a) Permissible uses within the
rural district shall include the following activities: (1) All uses permitted under section
15-15-25 relating to agricultural uses and those uses that are compatible within the
agricultural district; (2) Low-density residential uses with a minimum lot size of one-
halfacre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..."
"fhe proposed boundary amendment is for residential-agricultural uses that aze
compatible with the Rural designation. The applicant has stated that the 5.304-acre
parcel will be subdivided into two residential/agricultural lots. Thus, the requested
boundary amendment would be in the direction of fulfilling the permissible uses of the
rural designation.
The proposed Rural boundary amendment reyuest would be consistent with,
among others, the Land Llse (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 azeas 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 LJse A~icultural
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 boundazy 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, to Easement 22 (Aho Place), a private roadway with an approximately 50-
foot right-of--way with 16 feet of asphalt paving and grass swales. County water is
available to the site. As this area is not serviced by a municipal sewer system, the
applicant would be required to dispose wastewater into a septic tank system.
Underground electrical, telephone and cable services are available to the property. The
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 Ra[e Map (FIRM) designates the
property as 7,one "X", outside of the 500-year flood plain. The site slopes in a northerly
direction at an approximate grade of 5 to I S percent. While the property is within the
State Land Use Agricultural and County's Agricultural (A-Sa) zoned districts, the
property is vacant 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 aze classified as "E" or "Very Poor" for
agricultural productivity by the Land Study Bureau. While the potential for agricultural
uses may exist, the soil conditions within the property and surrounding area would
preclude such 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 neazest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
are no identified recreational resources, historic resources, public access to the shoreline
or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources
or other natural and environmental resources in the area. Because the property and
surrounding area have been previously used to pasture livestock, it is not anticipated that
endangered or threatened candidate species of flora or fauna aze located within the
property, nor has the area been identified as a significant botanical or biological habitat.
Presently, there is no evidence of any traditional and customary Native Hawaiian rights
being practiced on the site, nor existence of known valued cultural, historical or native
resources in the azea. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the :rrea.
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:
-4-
(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) fo achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
(3) Increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into account
the physical setting, accessibility to public facilities and services, and other
concerns of existing communities and surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment from the
Agricultural to the Rural District complements the State Land Use Regulations and is supportive
of the State of Hawaii Plan and the County of Hawaii General Plan.
The accompanying draft bill to amend the State Land Use Boundaries Map is provided
for your favorable consideration.
-5-
(PLANNING DEPT)
y 3~.~~~]~1F~t~7i;F I"~Tw~.
AN OR_DINANCF. AMRNDIN~+ THN: ~STA_'I'7~' 1,AND trgF BOtJl`?DAR_IES DnA_P FAR THE
COUNTY OF HAWAII BY CHANC~LNG "CHE DISTRICT CLASS[FICA'1 iON FROM THE
AGRICULTURAL TO THE RURAL. DISTRICT AT OULI, SOUTH KOHAI,A, HAWAII,
COVERED BY TAX MAP KEY 6-2-11:30.
BE [T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWA[`I:
SECTION 1. The State L and Use Boundaries Map for the County of Hawaii is amended
to change the district classification of property described hereinafter as follows:
Che district classilication of the following area situated at Ouli, South Kohala,
Hawaii, shall he Rural;
Beginning at the Northwesterly corner of this parcel of ]and, being also the
Northeasterly comer of I,ot 31-B of Anekona Estates, and being a point on the Southerly
side of Kanehoa Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PW PA" being 11,437.17 feet North and 17,939.92 feet
West and running by azimuths measured clockwise from True South:
1. 272° 14' 465.00 feet along the Southerly side of Kanehoa
Street to a point;
Thence, for the next twelve (12) courses following along the remainder of Royal
Patent 2237, Land Commission Award 4518-B, Apana 1 to James Young
Kanehoa:
2. 2° 14' 569.91 feet along Lot 25-B oFAnekona Estates to a
point;
3. 94° 38' 221.69 feet along Lut 26-A of Anekona Estates to a
point;
Thence_ from a tangent azimukh of 291 ° 77' 27" following along Lots 26-A and
26-B of Anekona F_states on a curve to the
right with a radius of 45.00 feet, the chord
azimuth and distance being:
4. 325° 58~ 46S" i 1.22 feet to a point;
Whence, from a tangent azimuth of C° 40' 06" following along hots 27-A and
27-B of Anekona Estates on a curve to the
right with a radius of 45.00 feet, the chord
azimuth and distance being:
5. 44° l2' 03"' 61.99 feet to a point;
Chence, from a t~mgent azimuth of 87° 44' following clang Lots 28-8 and 2~-A of
Anekona Estates on a curve to the right with
a rariius ol'4i On f?et, the chord azim~.rth and
distance being:
6. 118° 59' 40.69 feet to a point,
'['hence, from a tangent azimuth of 150° 14' following along I,ot 29 of Anekona
Estates ou a curve to the right with a radius
of 45.00 feet, the chord azimuth and distance
being:
7. 169° 42' 16.5" 30.00 feet to a point;
Thence, from a tangent azimuth of 189° 10' 33" following along Lot 27 of
Anekona Estates on a curve to the left with a
radius of 4.00 feet, the chord azimuth and
distance being:
8. 169° 42' 16.5" 30.00 feet to a point;
9. l 50° 14' 56.37 feet along Lot 29 of Anekona Fstates to a
point;
Thence, following along Lot 29 of Anekona Estates on a curve to the right with a
radius of 775.00 feet, the chord azimuth and
distance being:
10. 157° 40' 200.53 feet to a point;
Thence, from a tangent azimuth of 165° 06' following along Lots 3l-A and 31-B
of Anekona Estates on a curve to the right
with a radius of 775.00 feet, the chord
azimuth and distance being:
11. 173° 40' 230.89 feet to a point;
2. ! 82° ! 4' 79.94 f et along Let 31-B of Pil.ekcna Estates to a
poinC;
Thence, following along Lot 31-B of Anekona Estates on a curve to the left with a
radius of 30.00 feet, the chord azimuth and
distance being:
? 137° ~:2A3 feet to the point of beginning and containiP:g
an area of 5.3042 Acres.
Ali as shown un ~i;e neap attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. [n the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 3. 'this ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
Agricultural
Agricultural
ti,
Agricultural N~
Agricultural ~ L
Rural SIIVVV//
Agricultural
Urban ~dh- Agricultural
i dry
I de
Agricultural - ~ Rd _
~ ~ Rural
Urban i~ Rural
d ,
7(j Agri,,/Rural Agricultural
- i ~ he T Agricultural
11~ 437.1 I N h
S
Agncultural 17,939.9 W t
i
'PUU P~'~0 Rural ,
_ ~ ; F Ia'r -J dtrWl
le 18 ~ # ~ ~ ~
i
~ ~ rarT~ ~ i~ Rural
I - ~ •'~I Run! /Agricultural J -
_ ~ U{b~ Agricultural - 'Agricultural ~ shod ~ - R~i ral
i
- ~ - ~ t i i Sf ~ ,
- 1 - ~ ~ ~ ~J
F
Ru~al I
v
Rural Aural Qp';
I
- - ~ -I - _ i- ~ j ~
j Awal:~-
Agricultwal AGRICULTURAL ~ Agriculfural
Agricultural TO RURAL _
5.3042 ACRES Rural. l
_ Agricultwal ~
Agricultural
710 355 0 710 7 420 2130 2840 3 550
Feal
AMENDMENT TO STATE LAND USE
BOUNDARIES MAP
AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE RURAL DISTRICT
AT OULI, SOUTH KOHALA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK: 6-2-011.030 Date. JULY 12, 200
EXHIBIT "A" (Marts e smar, os-lesl