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HomeMy WebLinkAboutCOM 0482.000 2006-2008 3~tY Os k4?b ~-Iarry Kim 'p'er _ y~';, Dixie Kaetsu Mayor Mnnnging Director Barbara Kossow +T.4ii~ :'oa•p~~ ,T~ oi<'e+a'~° Deputy Mnnnging Director co»~~y o~ ~awai~i 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 9616553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329 5226 • Fax (808) 326 5663 t cr:_+ June 6, 2007 Honorable Pete Hoffinann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue ` Hilo, HI 96720 Dear Chairman Hoffinann and Members: Change of Zone (REZ 678) Applicant: Waikoloa Mauka, LLC Request: Amendment to Change of Zone Ordinance No. OS-157 (Conditions B, C and 1) Tax Map Key: 6-8-2:portion 16 and 6-8-3:portion 32 lanning Director Initiated (REZ 07-000062) Request: A-la to A-400a Keanuiomano and Puuki, Waimea, South Kohala, Hawaii Tax Map Key: 6-5-1:20 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, Harry Kim Mayor C®r~r~. Oed®< Enclosures Raf. To• '~C,- cc: Planning Department Ref. ©c~te .I11~ ~~,~m ~~?v w_ t>r J•~ ~ tr County of Hawaii i PLANNING COMMISSION Aupuni Cen[er • 101 Pauahi Stree[, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 June 6, 2007 Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"a Floor Hilo, HI 96720 Dear Chairman Hoffinann and Council Members: Planning Director Initiated (REZ 07-000062) Request: A-la to A-400a Keanuiomano and Puuki, Waimea, South Kohala, Hawaii Tax Map Key: 6-5-1:20 The Planning Commission, after a duly held public hearing on May 24, 2007, voted to recommend for your approval the proposed legislative bill for a change of zone from Agricultural 1 acre (A-1 a) to an Agricultura1400-acre (A-400a) district for 420.17 acres of land. The property is located north of Konokohau Road and Waimea Town and includes the hills (puu) Hokuula, Puuowaowaka, and Puu Ki in the land divisions of Keanuiomano and Puuki, Waimea, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The Waimea Community Association requested that the subject property, which is the location of three puus identified as Hokuula, Pu`u` owa`owaka and Pu`u Ki, be protected to remain as a scenic and historic resource of open space, green pasture, puu and forest for many important uses such as grazing, watershed, water development, public access and viewshed. To achieve this goal, WCA requested that the zoning be changed from its current zoning to a much larger minimum lot size, which will allow the current use to continue, but would prevent future subdivision and development of the property. Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffinann, Chairman and Members of the County Council Page 2 In response to the request, the Hawaii County Council passed Resolution 456 06 on October 31, 2006, which requested that the Planning Director initiate a Zoning Code Amendment for an ordinance to change the district classification from Unzoned (Note: Correct zoning is A-40a) and Agricultural (A-1 a) to Agricultural (A-SOOa) for TMK: 6-5- 001:020 in order to preserve the Waimea Pu`u as cultural and open space resources and to preserve their agricultural and recreational uses. The change of zone request differs slightly from the resolution request in that the current zoning of the property is Agricultural 1-acre (A-la) and Agricultura140-acre (A-40a), instead of the aforementioned Unplanned. Additionally, the Planning Director is requesting that the property be rezoned to Agricultura1400-acre (A-400a), instead of the requested Agricultural (A-SOOa), to prevent the creation of anon-conforming lot being that the property is less than 500 acres in size. 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. The General Plan discusses in great detail the element of our island's natural beauty and the need to preserve and protect this precious resource for future generations. The following are excerpts from the Natura] Beauty Element of the General Plan as it relates to this request: The natural beauty of Hawaii is a universally recognized chazacteristic and one of the most significant and valuable assets of this island. In a relatively small area exists a great range of environments, from lush green tropical valleys to snow-capped mountains. Natural beauty is a multifaceted resource. It is an aesthetic resource experienced by human perceptions. It is an economic resource, as evidenced by the scale of resort development and byvisitor-related activities. Real property values further substantiate the economic value of Hawaii's dramatic beauty. The physical elements that make up the landscape and the interrelationships of these elements are also of scientific interest. Investigating and understanding the physical environment are necessary for man to live in harmony with the environment. As the population increases, the desire to experience natural beauty will continue and may increase. If uncontrolled, the development necessary to accommodate an increasing population as well as resort development could have detrimental effects on the natural beauty of the island. Areas with special amenities of natural beauty have been and will continue to be the focus of pressure for resort development. Present regulatory process provide an assessment of impacts of development projects in order to protect, preserve and restore natural and scenic resources. Pete Hoffinann, Chairman and Members of the County Council Page 3 Hawaii's natural beauty is both an irreplaceable asset and a part of the public trust. It is fragile and although often enhanced by man can easily be adversely affected. Measures must be taken to insure its protection, both now and in the future, for the enjoyment of Hawaii's residents and visitors. The importance of natural and scenic beauty and its true evaluation as an asset of public trust to be protected for future generations remain with the people of this island. While public planning and regulation are instrumental in achieving the goals set forth for this element, it is public awareness and interest that will maintain the natural beauty of the island of Hawaii. The district of South Kohala has two distinct physical environments, each with its own kind of natural beauty. The Waimea region lies in a plateau between the Kohala Mountains and Mauna Kea. The Kohala Mountains provide a backdrop of rolling hills and volcanic cones covered with pastures kept green by fog, fine mist, and rain. Mauna Kea provides a distant but dramatic mass as it rises steeply above the plateau. Viewed at a distance, Waimea town lies nestled at the base of the Kohala Mountains. The pastures and pu`u immediately above Waimea Town have been identified as a vista of exceptional natural beauty. This area is best defined by running an imaginary line from the top of the trees below Hoku`ula west to the trees at Hawaii Preparatory Academy and east to the tree line above Church Row. The proposed change of zone request would be consistent with, among others, the following goals and policies of the Natural Beauty Element of the General Plan. • Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. • Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. • Do not allow incompatible construction in areas of natural beauty. The proposed request also conforms to the following standards of the Natural Beauty Element, which provide guidelines for designating sites and vistas of extraordinary natural beauty that shall be protected. Pete Hoffmann, Chairman and Members of the County Council Page 4 • Distinctive and identifiable landforms distinguished as landmarks, e.g. Mauna Kea, Waipio Valley. • Vistas of distinctive features. The General Plan further describes the characteristic natural and scenic beauty of each district of the County of Hawaii. Examples of sites and vistas are listed for each district to consider for protection and preservation. Within the South Kohala District, Hoku`ula is among the sites and vistas listed, which is located on the property of the proposed request. Besides the General Plan, there have been other plans and commissions that have identified the importance of preservation and protection of these puus. The Waimea Design Plan, adopted by County Council Resolution No. 214 86 on October 1, 1986, lists as its design goal "to preserve and reinforce the significant features of Waimea. One of the design objectives included preserving the views toward distant focal points including Mauna Kea, Mauna Loa, adjoining puu's and Kohala Mountains. In June of 1975, the Waimea -Kawaihae Community Association established a Waimea Planning and Urban Design Sub-Committee at the request of the County Planning Director. The Planning and Urban Design Committee provided considerable input on planning and design issues which directly impact the Waimea community. One of the major design and planning issues identified by the committee was to "preserve the Kohala Mountains and puu's above the present tree line." The Hawaii County Public Access, Open Space and Natural Resources Preservation Commission prepared a report dated December 27, 2006 for Mayor Harry Kim, which compiled a prioritized list of qualifying lands worthy of preservation. Properties that had a criteria score of 80% or higher were included in the evaluation process for the Prioritized List. Although the subject property (TMK: 6-5-001:020) did not make the Prioritized List, it was listed on the Comprehensive list with a criteria score of 58%. The significance of the property was its historical relevance for the Battle of Hoku`ula, which was a turning point in the history of the nation of Hawaii. The report concluded that the property should be preserved for recreational purposes and that the site should be on the State and National Registers for Historic sites. Lastly, Representative Cindy Evans has introduced a bill to the State Legislature that directs the State Office of Planning to prepaze and file a petition with the State Land Use Commission to reclassify the State pazcel above Waimea (TMK: 6-5-001:020, at Waimea, Hawaii), from the Agricultural district to the Conservation district. The bill also Pete Hoffmann, Chairman and Members of the County Council Page 5 directs the County of Hawaii to not issue any permits allowing the development of the parcel. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: The proposed request is submitted with the intention to preserve and protect the cultural, historical and natural resources, and the associated traditional and customary practices of the site. The property continues to be used by Native Hawaiians for traditional gathering purposes, and by local hunters who traverse the pazcel to access the Waipio Valley Rim Trail and hunt in the Kohala Forest Reserve. The property is rich in cultural and historical significance, as it was the location of the Battle of Hoku`ula. The following is a brief description of the events that occurred during the period A.D. 1640-1660, regarding the Battle of Hoku ula: Lonoikamakahiki (Lono), the Moi (King) ofHawai`i, visited the Moi of Maui, Kamalalawalu, in Hana where he held court. Lono was sumptuously entertained by Kamalalawalu, who was very advanced in years. Not long after Lono's return to Hawaii, however, Kamalalawalu, driven by ambition, decided to invade and conquer the nation of Hawaii. When Lanikaula, a high priest from Molokai, warned Kamalalawalu of the dangers of the enterprise (in a prophesy that survives today), an irate Kama replied "when I return, I will burn you alive." Kamalalawalu's fleet landed in Puako and met no opposition. Lono's oldest brother, Kanaloakua`ana, was in residence Waimea at the time, and, upon hearing of the invasion, marched towazd Puako with what forces he had at hand. A battle ensued at Kauno`oa and Kanaloakua`ana's forces were utterly defeated, with Kanaloakua`ana himself being taken prisoner. In what was considered an act of wanton cruelty that was memorialized in a famous mele (chant), Kanaloakua`ana's eyes were burned out and he was killed. After this initial success, Kamalalawalu marched boldly inland and took up a position above Waimea on top of the pu`us called Hoku'ula and Pu`uoaoaka following false advice given by Lono's agents. During the night, Lono's warriors from Kona arrived and occupied a position extending from Puupa to Haleapala. His warriors from Kau (led by its high chief and Lono's half brother, Pupuakea) and Puna were stationed from the pu`u called Holoholoku to Waikoloa, those from Hilo and Hamakua were stationed from Mahiki to the pu`u called Puukanikanihia, and those from Kohala were stationed from Momoualoa to Waihaka. Pete Hoffinann, Chairman and Members of the County Council Page 6 That morning, from his position atop Hoku`ula, Kamalalawalu could see that the lowlands were literally covered with the countless warriors of Lono, and realized that he was outnumbered. For three days the armies skirmished, with the actions of the Maui warriors being dominated by Kamalalawalu's nephew and general, Makakuikalani. Then, the battle began with Makakuikalani "positioning his warriors at the front below Hoku`ula and Pu`uoaoaka" where they were confronted by Pupuakea and his men. Initially, the two high chiefs battled alone, using waz clubs, and Makakuikalani was slain. After Makakuikalani fell, the Maui forces were rapidly routed and Kamalalawalu, the Moi of Maui, was also slain. The killing lasted for three days and ended in Puako. "So ended the first of the major wars between the nations of Maui and Hawai`i." Lastly, the proposed change of zone will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure. The proposed change of zone request is an action that would down-zone the property from its current zoning, which would allow up to 6 40-acre lots and 174 1-acre lots, to a zoning that would prevent any future subdivision of the property. Therefore, based on this information, the proposed change of zone will not require any necessary infrastructure for the action and will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure. Based on the foregoing, approval of the change of zone request from Agricultural 1-acre (A-la) and Agricultura140-acre (A-40a) to Agricultura1400-acre (A-400a) for approximately 420.17 acres of land would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-8-7 (North and South Kohala District Zone Map) and Section 25-8-11 (Lalamilo-Puukapu Zone Map), of the County Zoning Code is transmitted. Pete Hoffrnann, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, i W ~am am, Chairman Planning Commission Lpdinitiatedwaimea0l PC Enclosures cc: Department of Public Works Department of Water Supply DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BPDWaimea-REZ07-062.jwd 03-15-OS COUNTY OF ~IAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY OF IIAWAII PLANNING DIRECTOR CIIANGE OF ZONE APPLICATION~IZEZ 07-000062) COUNTY OF IIAWAII PLANNING DIRECTOR is initiating a Change of Zone by changing the district classification from Agricultural 1-acre (A-1 a) and Agricultura140-acre (A- 40a) to Agricultura1400-acre (A-400a) for approximately 420.17 acres of land. The area is located north of Konokohau Road and is the site of Hoku`ula, Pu`u` owa`owaka and Pu`u Ki, Waimea, South Kohala, Hawaii, TMK: 6-5-001:020. PROPOSED REQUEST 1. Proposed Request: The Planning Director is initiating a Change of Zone as requested by Resolution No. 456 06. The Hawaii County Council passed Resolution 456 06 on October 31, 2006, which requested that the Planning Director initiate a Zoning Code Amendment for an ordinance to change the district classification from Unzoned (Note: Correct zoning is A-40a) and Agricultural (A-la) to Agricultural (A-SOOa) for TMK: 6-5- 001:020 in order to preserve the Waimea Pu`u as cultural and open space resources and to preserve their agricultural and recreational uses. The change of zone request differs slightly from the resolution request in that the current zoning of the property is Agricultural 1-acre (A-1 a) and Agricultura140-acre (A-40a), instead of the aforementioned Unplanned. Additionally, the Planning Director is requesting that the property be rezoned to Agricultura1400-acre (A-400a), instead of the requested Agricultural (A-SOOa), to prevent the creation of anon-conforming lot being that the property is less than 500 acres in size. (Planning Department Exhibit 1 -Resolution 456-Ob) BACKGROUND INFORMATION 2. April 11, 2006: The Planning Director sent a letter to Chairperson Peter T. Young of the Department of Land and Natural Resources in response to a request from the Waimea Community Association to rezone the state land on TMK: 6-5-001:020. The Planning Director asked in the letter if the state would consent to acounty-initiated rezoning of the -1- ATTAC~i : Carm. 4 8 2 Bill 114 area, or whether the state could apply for a rezoning itself. (Planning Department Exhibit 2 -Letter dated April 11, 2006 with Attached Letter from the Waimea Community Association) 3. October 31, 2006: Effective date of Resolution 456 06, which requested the Planning Director to submit this Change of Zone application. 4. January 30, 2007: Follow-up letter from the Planning Director regarding the April 11, 20061etter to Chairperson Peter T. Young of the Department of Land and Natural Resources. (Planning Department Exhibit 3 -Letter dated January 30, 2007) 5. February 16, 2007: Letter from Chairman Peter T. Young of DLNR to the Planning Director in response to the April 11, 2006 and January 30, 20071etters. (Planning Department Exhibit 4 -Letter dated February 16, 2007) 6. H.B. No. 1737: Representative Cindy Evans has introduced a bill to the State Legislature that directs the State Office of Planning to prepare and file a petition with the State Land Use Commission to reclassify the State parcel above Waimea (TMK: 6-5-001:020, at Waimea, Hawaii), from the Agricultural district to the Conservation district. The bill also directs the County of Hawaii to not issue any permits allowing the development of the parcel. (Planning Department Exhibit 5 - H.B. No. 1737) STATE AND COUNTY PLANS 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agriculture, Important Agricultural Land & Low Density Urban. 8. SLU: Agricultural. 9. County Zoning: Agricultural (A-40a and A-la). 10. Waimea Design Plan: The Waimea Design Plan, adopted by County Council Resolution No. 214 86 on October 1, 1986, lists as its design goal "to preserve and reinforce the significant features of Waimea." 11. Coastal Zone Management, HRS Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, -2- economic uses, coastal hazards, managing development, public participation, and beach protection. 12. Special Management Area (SMA): The subject area is not within the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The property is located north of Konokohau Road in Waimea. It is a large agricultural property that is 420.17 acres in size. It is the location of three puus, Hoku`ula, Pu`u` owa`owaka and Pu`u Ki, which have been identified for preservation. According to Chairman Peter T. Young, the pazcel is subject to a pasture lease at this time. 14. Surrounding Zoning/Uses: The surrounding land uses consist of vacant lands, forest, pasture and residential uses. The properties to the north are zoned A-40a and Forest Reserve, and consist mainly of forested areas. The properties to the west are zoned A- 40aand consist of larger agricultural properties used mainly for pasture. The properties to the south and east aze zoned A-1 a, RS-20 & RS-7.5, and consist mainly of residential dwellings. 15. ALISH: The majority of the property is identified as "Other Important Agricultural Land." Smaller portions of the property are identified as "Prime Agricultural Land" and unclassified. 16. U.S.D.A. Soil Type: Maile silt loam, 6 to 20 percent slopes (MLD). Penneability is moderately rapid, runoff is slow, and the erosion hazard is slight. 17. Land Study Bureau Soil Rating: The majority of the property is identified as "C" or "Fair." Smaller portions of the property are identified as "D" or "Poor" and "E" or "Very Poor." 18. FIRM: Zone "X", azeas determined to be outside the 500-yeaz flood plain. PUBLIC COMMENTS 19. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -3- a COUNTY OF HAWAII STATE OF HAWAII ..a RESOLUTION NO. 465 O6 A RESOLUTION REQUESTING THE PLANNING DIRECTOR TO INITIATE A ZONING CODE AMENDMENT FOR AN ORDINANCE CHANGING THE DISTRICT CLASSHTICATION FROM UNZONED ANA AGRICULTURAL (A-la) TO AGRICULTURAL (A-SOOa) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-5-001:020, IN ORDER TO PRESERVE THE WAIMEA PU`U AS CULTURAL AND OPEN SPACE RESOURCES AND TO PRESERVE THEIR AGRICULTURAL AND RECREATIONAL USES. WHEREAS, the ?005 Hawaii County General Plan states that "[t]he pastures and pu'u itrunediaiety above Waimea Town have been identified as a vista of exceptional natural beauty": and WHEREAS, the 1992 Northwest Hawaii Regional Plan identifies the Waimea pu`u as "significant cinder cones" and recommends that "these distinctive geological features should be preserved and protected": and WHEREAS, the Waimea Design Plan adopted by the Hawaii County Council in 1986 lists as one of its design objectives "to preserve views toward distant focal points including. Mauna Kea. Mauna I,oa, adjoining pu`us and [iohala Mountains' ; azid WHEREAS, portions of the pu`u known as Hoku`ula, Pu`u`owa`owaka, and Pu'u Ki aze located within that certain pazcel of land comprised of approximately 420.17 acres situate at Waimea, South Kohala, Hawaii, more particularly described as tax map key 6-5-001:020 (hereinafter the "Property"); and WHEREAS, Hoku`ula is the site of a decisive battle (circa 1650 A.D.) in a major war between the Kingdom of Maui and the Kingdom of Hawaii, and the Hoku`u(a Battleground was listed on the Public Access, Open Space, and Natural Resources Preservation Commission's 2006 Properties and/or Entitlements for Partnership List for "preservation for recreational purposes," with the recommendation that this "important historical site should be on the State and National Registers for Historic Sites"; and WHEREAS, the Property continues to be used by Native Hawaiians for traditional gathering purposes, and by local hunters wfio traverse the parcel to access the Waipi`o Valley Rim 'frail and hunt in the Kohala Forest Reserve; and Planning Dept. Exhibit,~,~,,,` WHEREAS, the Property as a whole forms a beautiful backdrop for Waimea Town that is enjoyed by residents and visitors alike; and WHEREAS, the Property is currently owned by the State of Hawaii and leased to Parker Ranch unti12011 under a pasture lease, and is being utilized as productive grazing land, a watershed, and a forest reserve buffer zone; and WHEREAS, the Property is located within the State Land Use Agricultural District; and WHEREAS, pursuant to section 205-5(b) of the Hawaii Revised Statutes, as amended, the minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; and WHEREAS, pursuant to section 25-2-43 of the Hawaii County Code 1983 (2005 Edition, As Amended), amendments to the Zoning Code may be initiated by the Planning Director; and WHEREAS, changing the district classification of the Property from Unzoned and Agricultural (A-la) to an Agricultural (A-500x) zoning designation will facilitate the preservation of the area's natural beauty and agricultural and recreational uses, and prevent future residential development of its important cultural and open space resources. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to section 25-2-43 of the Hawaii County Code 1983 (2005 Edition, As Amended), the Planning Director is requested to initiate a zoning code amendment for an ordinance changing the district classification from Unzoned and Agricultural (A-la) to Agricultural (A-SOOa) at Waimea, South Kohala, Hawaii, covered by tax map key 6-5-001:020, in order to preserve the Waimea pu`u as cultural and open space resources and to preserve their agricultural and recreational uses. BE IT FURTHER RESOLVED that the Planning Director is requested to submit such ordinance to the Hawaii County Council no later than March 1, 2007. 2 BE IT FINALLY RESOLVED that the County Clerk shall forward certified copies of this resolution to the Mayor of Hawaii County, to the County Planning Director, and to the Chairperson of the State Board of the Department Land and Natural Resources. Dated at Hilo , Hawaii, this 31st day of October , 2006. ODUCED BYr COUNCIL MEM ER, COUN H W I`T COUNTY COUNCIL ROLL CALL VOTE COUirty Of H8wa1`t AYES NOES ABS EX Hilo, Hawaii ARAKAKI X HIGA g I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated N the right hereof adopted by the COUNCIL of the HOLSCHUH X County ofHawai'ion October 31. 2006 IKEDA g ISBELL ATTEST: JACOBSON g PILAGO X SAFARIK X l~~IdrA4^'_~" ~ Reference: C-1090/PC-118 COUNTY CLERK CHAIRMAN & PRESIDING OFF1C R RESOLUTION NO. Fi5 3 ' - 'ae°a°~ ~£eu-~s Ctaaes4®ptter J, Yraeese Mayor ~ Director ''rori'oi'di:+'a ~r~d KurottaWa, ASI,t4 1.E~1~ AP ~DLtrtf~ ~rx£trttti Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawali 96720-3043 (808) 961-8288 • FAX (808) 961-8742 April 11, 2006 Mr. Peter Young Department of Land and Natural Resources PO Box 621 Honolulu, HI 96809 Dear Mr. Young: SUBJECT: REZONING OF STATE PARCEL TMK: 6-5-001:020 (420.17 ACRES) The Planning Department has received the attached letter from the Waimea Community Association requesting a rezoning of state land located above Waimea, T.M.K. 6-5-1:20. This 420 acre parcel, which includes two of the prominent pu'u above Waimea, has a substantial area mostly in the lower section that is zoned A-la. The remainder is zoned A-40a. This zoning apparently goes back to the original zoning maps for the area in 1967. Attached is a color map showing the zoning of the area. The light green is A-1 a zoning; the dark blue is A-40a. The Community Association is concerned that the A-la zoning could eventually lead to the development of this azea, because it would permit the area to be subdivided to one- acre lots, subject to the requirements of the subdivision code. We think that a subdivision of that nature would also trigger environmental assessment under Chap. 343. The 2005 County Genera] Plan, at p. 7-I 1, recognizes the Waimea pu'u as outstanding examples of natural beauty. We aze not aware of any specific state plans for smaller lot development in the area, and it would have some practical problems because of the slopes and poor road access, even if there were not strong community sentiment in favor of keeping it in open space. The purpose of this letter is to ask if the state would consent to acounty-initiated rezoning of the area, or whether the state could apply for one itself. (Under the Zoning Code, a rezoning can be initiated only by the landowner, the planning director, or the P dG Cl r1I tl~ 2@~r. Exhibit,,._.,._..._ ~ Hawai `i County is an Equal Opportunity Provider and Employer. ,'~If F_ ' ~ , Mr. Peter Young Department of Land and Natural Resources Page 2 April 11, 2006 county council.) It could be to A-400a. This would not change the permitted uses in the area, but limit the number of lots that it could be subdivided into. The current grazing lease could continue, for example. If the state wished to lease smaller areas within the property for agricultural purposes without homes, it could do so by following the "farm subdivision" provisions of the Zoning Code. We believe that the rezoning would not trigger an environmental assessment under Chap. 343 because it does not change the uses of the property. Thank you for your consideration of this request, and please do not hesitate to call if you have any questions. Sincerely, >>1-' s~ 1...~3'v'l ~ dy'a.._ CHRISTOPHER f. YUEN Planning Director CJY:pak Wpwin60/Chris/Waimea Rezoning Attachment cc: Waimea Community Association Planning Section Waimea Community Association P.O. Box 607, Kamuela, HI 96743, Tel. 808-885-881-3860 Peter Young, Chairperson Board of Land and Natural Resources (BLNR) State of Hawaii Department of Land and Natural Resources P. O. Box 621 Honolulu, HI 96809 C. Kimo Alameda, Chair Hawaii County Planning Commission c/o Planning Department Aupuni Center, 101 Pauahi Street, Suite 3 Hilo, HI 96720 Chris Yuen, Plarming Director Hawaii County Planning Department Aupuni Center101 Pauahi Street, Suite 3 Hilo, HI 96720 Subject: Rezoning of State Parcel TMK 6-5-001-020 (420.17 acres) Deaz Sirs: The Waimea Community Association requests that the land above Waimea and below the pu'u Hoku'ula and Pu'uoaoaka (see attached map) be protected so that it remains a scenic and historic resource of open space, green pasture, pu'u and forest for many important uses such as grazing, watershed, water development, public access and viewshed. The parcel is currently leased to Parker Ranch under General Lease No. S-4465. To protect these lands for these important public purposes, we request that the State BLNR initiate the process to change the land zoning from "Ag-la" to a much lazger minimum lot size, such that the current use is able to be continued, but no building is permitted on the property. This will prevent the future potential subdivision and development of this important land. Sincerely, f,G,,r1/j_n Kyle Kinoshita, V ice President WAIMEA COMMUNITY ASSOCIATION f 77 f~ iY F. .ti Current County Zoning I ~ ' , ~xgtl 01..9m-_ it '~b® l;(a¢°ry~ I{ina , Chr®stopher J.'§~uen Mayor - ' „ Director tpt oi~xP'x +i•••; ~o:~P` 1$rad KUrOiiSWe, A.~LA ~~qqyy'' }L, tt LFiE)~ Alr lGLL11Tk[1~J .IIl ~t.EU~CYY Depury Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 ~ FAX (808) 461-8742 January 30, 2007 Mr. Peter T. Young, Chairperson STATE OF HAWAII Department of Land and Natural Resources PO Box 621 Honolulu, HI 96809 Dear Mr. Young: SUBJECT: REZONING OF STATE PARCEL - TMK: 6-5-001:020 (420.17 ACRES) I am writing to follow up on my earlier letter of April 11, 2006, regazding a request to rezone this property. A copy of that letter is enclosed for your convenience. The Hawaii County Council passed a resolution asking that I initiate a rezoning of this state pazcel, by Mazch 1, 2007. A copy of the resolution is enclosed. I am writing again to ask if the state would consent to this rezoning. It would assist us in the preparation of the rezoning ordinance if the state could give us metes and bounds of the property. The planning department is willing to initiate this rezoning amendment. While we are not aware of any plans by the state to develop the property according to its current A-la zoning, a rezoning to lazger lot size would help allay some concerns that have arisen in the community. Please do not hesitate to call or write if you have any questions. Sincerel d CHRISTOPHER J. ~T~~ Planning Director CJY:pak Wpwin60/Chris 07JYoung-Waimea Rezoning2 Attachments cc: Honorable Pete Hoffmann, Chair Waimea Community Association Planning Dept. rv Exhibit,~,,,,,~ Hawaii County is an Cqual Opportunity Provider and Employer. .SAN a 1 9nm PETER T~ YOUNG CxARtPF98CN LQrpA LLVGLE ~~~.••^O ""~~~K ~~q.,~oN a+wATm ftmowcR w~nrvACQ~iwr GOVERNOROF W.WM y ~ _ .`'p 1858 ~`~.9i / j"~ f~4 4 ^ ~ f { ~ fS r' ~ (1 I 9. ~ ~ y RORD P1RfITY DIXMECMI'ORDA ~ and i! ~~..°t~ N~.~~ gd RoATRmamocem~uwr~+ eutuwzcoNVevANCCs CIX.1M641ON~ WATER REmURC6 M.4VAGEAffi~.'I ,41iJ1 { qq cw+srxvArRw"tromnaratnnve 4. ~ . ~ ~.®:~.yj0~ fONSRRVATpN NNRESCVRCISFVFORffJ.1Qf! HgP85RP6 FORFSIRY /SN WEDL6E KAHWIAWF l4LANORFSFRVEC0.NMLS5KIN STATE OF HAWAII NSW F~ A LgND sr ~ DEPARTMENT OF LAND AND NATURAL RESOURCES s`"'EP"R`s ate ofHxNa POST OFFICE BOX 621 HONOLULU, HAWAII 96809 February 16, 2007 Mr. Chris Yuen, Planning Duector County of Hawaii, Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 46720-3043 Dear Mr. Yuen: This is further response to your letter dated February 8, 2007 concerning parcel TMK (3) 6-5- 001:020. As I have consistently stated in the past, DLNR has no intention or interest in further developing this site. We recognize that it is an important open space resource for the Waimea and South Kohala Community. The parcel is subject to a pasture lease at this time. We expect to issue a new pasture lease after the expiration of the existing lease. With respect to the zoning, we have no objection to changing the zoning to agriculture 400 acres. We believe this demonstrates our commitment of maintaining this large open space above the town of Waimea. This does not in any way limit or affect our rights over this or other state-owned parcels within Hawaii County or any other county. Sincerely, Y eter T. Yo n hairperso c: Mr. Pete Hoffman Waimea Conununity Association Senator Lorraine Inouye Senator RussellKokubrm ialp11f11f1~ @•pt. Senator Paul Whalen Representative Cindy Evans Exhibit Representative Dwight Takamine Representative Josh Green HOUSE OF REPRESENTATIVES ~ . ~ . ~ O . ' TWENTY-FOURTH LEGISLATURE, 2007 STATE OF HAWAII A BILL FOR AN ACT RELATING TO LAND USE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The legislature finds that the puu of Waimea, 2 including Hokuula, Puuwaowaka, and Puu Ki, are distinctive 3 geological features that should be preserved and protected. Puu 4 Hokuula, in particular, was the site of a historic and decisive 5 battle between the forces of the kingdom of Maui and the kingdom 6 of Hawaii and was recommended to be placed on the state and 7 national register of historic places. The puu are also used by 8 native Hawaiians for traditional gathering purposes. 9 The puu are located on state lands, identified on the tax 10 maps of the State as TMK: 6-5-001:020, comprising of four 11 hundred twenty acres, more or less. That parcel is presently 12 located in the agricultural district and is being leased to 13 Parker ranch under a pasture lease. Under that land use 14 designation and present county zoning, the parcel is threatened 15 with possible development of low density residential use. 16 The purpose of this Act is to arrest any development of 17 these public lands by directing the office of planning to HB ppLppRII~~BIIIIpp''II~~0gqI7IIII-~~1pp3n0~~p5p~~II~~.ppdoppppllcII gg~~ Planning ~3e~pt. I~~~~II~~AIIIIINIpVq~®II'~~I~IIU~I~~Wl~~li Exhibit S Paget w'O. 1 prepare and file a petition with the land use commission to 2 reclassify the parcel into the conservation district. 3 SECTION 2. The office of planning is directed to prepare 4 and file a petition, as soon as practicable, with the land use 5 commission for the reclassification of TMK: 6-5-001:020, 6 situated in Waimea, Hawaii, from the agricultural district to 7 the conservation district. 8 SECTION 3. Pending the preparation, filing, and final 9 disposition of the land use petition required by section 2 of 10 this Act, the county of Hawaii is directed not to issue any land 11 use, subdivision, building, or other permit that will allow the 12 development of TMK: 6-5-001:020 for any purpose other than the 13 continued use of the parcel as a pasture. 14 SECTION 4. This Act shall take effect upon its approval. 15 INTRODUCED BY: 'J -~~~.e Cavt~ (,Ct~~C. Ck1.c~tt~ HB LRB 07-1305. doc ~ N 2 4 2007 II~INIall~lll~ll~ll~~lllllllwl~~l~~llll H.B. N0. 3 Report Title: Conservation Description: Directs office of planning to prepare and file petition with the land use commission to reclassify TMK: 6-5-001:020, at Waimea, Hawaii, from the agricultural district to the conservation district. Directs county of Hawaii to not issue any permits allowing the development of the parcel' pending the final disposition of the petition. HB LRB 07-1305.doc 1~~1~8I~~N~I~~~~N~NN~I~~a~ RPDWaimea-REZ07-062.jwd 03-15-OS COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION COUNTY OF HAWAII PLANNING DIRECTOR CHANGE OF ZONE APPLICATION (REZ 07-000062) As requested by Resolution 465 06, the Planning Director has submitted this change of zone request changing the district classification from Agricultural 1-acre (A-la) and Agricultural 40-acre (A-40a) to Agricultura1400-acre (A-400a) for approximately 420.17 acres of land in order to preserve the Waimea Pu`u as cultural and open space resources and to preserve their agricultural and recreational uses. The Planning Director recommends that a favorable recommendation of the change of zone application be forwarded to the Hawaii County Council. This favorable recommendation is based on the following findings: The Waimea Community Association requested that the subject property, which is the location of three puus identified as Hoku`ula, Pu`u` owa`owaka and Pu`u Ki, be protected to remain as a scenic and historic resource of open space, green pasture, puu and forest for many important uses such as grazing, watershed, water development, public access and viewshed. To achieve this goal, WCA requested that the zoning be changed from its current zoning to a much larger minimum lot size, which will allow the current use to continue, but would prevent future subdivision and development of the property. In response to the request, the Hawaii County Council passed Resolution 456 06 on October 31, 2006, which requested that the Planning Director initiate a Zoning Code Amendment for an ordinance to change the district classification from Unzoned (Note: Correct zoning is A-40a) and Agricultural (A-la) to Agricultural (A-SOOa) for TMK: 6-5-001:020 in order to preserve the Waimea Pu`u as cultural and open space resources and to preserve their agricultural and recreational uses. The change of zone request differs slightly from the resolution request in that the current zoning of the property is Agricultural 1-acre (A-la) and Agricultura140-acre (A-40a), instead of the aforementioned Unplanned. Additionally, the Planning Director is requesting that the property be rezoned to Agricultura1400-acre (A-400a), instead of the requested Agricultural (A- -1- SOOa), to prevent the creation of anon-conforming lot being that the property is less than 500 acres in size. 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. The General Plan discusses in great detail the element of our island's natural beauty and the need to preserve and protect this precious resource for future generations. The following are excerpts from the Natural Beauty Element of the General Plan as it relates to this request: The natural beauty of Hawaii is a universally recognized characteristic and one of the most significant and valuable assets of this island. In a relatively small area exists a great range of environments, from lush green tropical valleys to snow-capped mountains. Natural beauty is a multifaceted resource. It is an aesthetic resource experienced by human perceptions. It is an economic resource, as evidenced by the scale of resort development and byvisitor-related activities. Real property values further substantiate the economic value of Hawaii's dramatic beauty. The physical elements that make up the landscape and the interrelationships of these elements are also of scientific interest. Investigating and understanding the physical environment are necessary for man to live in harmony with the environment. As the population increases, the desire to experience natural beauty will continue and may increase. If uncontrolled, the development necessary to accommodate an increasing population as well as resort development could have detrimental effects on the natural beauty of the island. Areas with special amenities of natural beauty have been and will continue to be the focus of pressure for resort development. Present regulatory process provide an assessment of impacts of development projects in order to protect, preserve and restore natural and scenic resources. Hawaii's natural beauty is both an irreplaceable asset and a part of the public trust. It is fragile and although often enhanced by man can easily be adversely affected. Measures must be taken to insure its protection, both now and in the future, for the enjoyment of Hawaii's residents and visitors. -2- The importance of natural and scenic beauty and its true evaluation as an asset of public trust to be protected for future generations remain with the people of this island. While public planning and regulation aze instrumental in achieving the goals set forth for this element, it is public awazeness and interest that will maintain the natural beauty of the island of Hawaii. The district of South Kohala has two distinct physical environments, each with its own kind of natural beauty. The Waimea region lies in a plateau between the Kohala Mountains and Mauna Kea. The Kohala Mountains provide a backdrop of rolling hills and volcanic cones covered with pastures kept green by fog, fine mist, and rain. Mauna Kea provides a distant but dramatic mass as it rises steeply above the plateau. Viewed at a distance, Waimea town lies nestled at the base of the Kohala Mountains. The pastures and pu`u immediately above Waimea Town have been identified as a vista of exceptional natural beauty. This area is best defined by running an imaginazy line from the top of the trees below Hoku`ula west to the trees at Hawaii Preparatory Academy and east to the tree line above Church Row. The proposed change of zone request would be consistent with, among others, the following goals and policies of the Natural Beauty Element of the General Plan. • Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. • Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. • Do not allow incompatible construction in areas of natural beauty. The proposed request also conforms to the following standards of the Natural Beauty Element, which provide guidelines for designating sites and vistas of extraordinazy natural beauty that shall be protected. • Distinctive and identifiable landforms distinguished as landmarks, e.g. Mauna Kea, Waipio Valley. • Vistas of distinctive features. -3- The General Plan further describes the characteristic natural and scenic beauty of each district of the County of Hawaii. Examples of sites and vistas are listed for each district to consider for protection and preservation. Within the South Kohala District, Hoku`ula is among the sites and vistas listed, which is located on the property of the proposed request. Besides the General Plan, there have been other plans and commissions that have identified the importance of preservation and protection of these puus. The Waimea Design Plan, adopted by County Council Resolution No. 214 86 on October 1, 1986, lists as its design goal "to preserve and reinforce the significant features of Waimea. One of the design objectives included preserving the views toward distant focal points including Mauna Kea, Mauna Loa, adjoining puu's and Kohala Mountains. In June of 1975, the Waimea -Kawaihae Community Association established a Waimea Planning and Urban Design Sub-Committee at the request of the County Planning Director. The Planning and Urban Design Committee provided considerable input on planning and design issues which directly impact the Waimea community. One of the major design and planning issues identified by the committee was to "preserve the Kohala Mountains and puu's above the present tree line." The Hawaii County Public Access, Open Space and Natural Resources Preservation Commission prepared a report dated December 27, 2006 for Mayor Harry Kim, which compiled a prioritized list of qualifying lands worthy of preservation. Properties that had a criteria score of 80% or higher were included in the evaluation process for the Prioritized List. Although the subject property (TMK: 6-5-001:020) did not make the Prioritized List, it was listed on the Comprehensive list with a criteria score of 58%. The significance of the property was its historical relevance for the Battle of Hoku`ula, which was a turning point in the history of the nation of Hawaii. The report concluded that the property should be preserved for recreational purposes and that the site should be on the State and National Registers for Historic sites. Lastly, Representative Cindy Evans has introduced a bill to the State Legislature that directs the State Office of Planning to prepare and file a petition with the State Land Use Commission to reclassify the State parcel above Waimea (TMK: 6-5-001:020, at -4- Waimea, Hawaii), from the Agricultural district to the Conservation district. The bill also directs the County of Hawaii to not issue any permits allowing the development of the parcel. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: The proposed request is submitted with the intention to preserve and protect the cultural, historical and natural resources, and the associated traditional and customary practices of the site. The property continues to be used by Native Hawaiians for traditional gathering purposes, and by local hunters who traverse the parcel to access the Waipio Valley Rim Trail and hunt in the Kohala Forest Reserve. The property is rich in cultural and historical significance, as it was the location of the Battle of Hoku`ula. The following is a brief description of the events that occurred during the period A.D. 1640-1660, regarding the Battle of Hoku ula: Lonoikamakahiki (Lono), the Moi (King) of Hawaii, visited the Moi of Maui, Kamalalawalu, in Hana where he held court. Lono was sumptuously entertained by Kamalalawalu, who was very advanced in yeazs. Not long after Lono's return to Hawaii, however, Kamalalawalu, driven by ambition, decided to invade and conquer the nation of Hawaii. When Lanikaula, a high priest from Molokai, warned Kamalalawalu of the dangers of the enterprise (in a prophesy that survives today), an irate Kama replied "when I return, I will burn you alive." Kamalalawalu's fleet landed in Puako and met no opposition. Lono's oldest brother, Kanaloakua`ana, was in residence Waimea at the time, and, upon hearing of the invasion, marched toward Puako with what forces he had at hand. A battle ensued at Kauno`oa and Kanaloakua`ana's forces were utterly defeated, with Kanaloakua`ana himself being taken prisoner. In what was considered an act of wanton cruelty that was memorialized in a famous mele (chant), Kanaloakua`ana's eyes were burned out and he was killed. -5- After this initial success, Kamalalawalu marched boldly inland and took up a position above Waimea on top of the pu`us called Hoku'ula and Pu`uoaoaka following false advice given by Lono's agents. During the night, Lono's warriors from Kona arrived and occupied a position extending from Puupa to Haleapala. His warriors from Kau (led by its high chief and Lono's half brother, Pupuakea) and Puna were stationed from the pu`u called Holoholoku to Waikoloa, those from Hilo and Hamakua were stationed from Mahiki to the pu`u called Puukanikanihia, and those from Kohala were stationed from Momoualoa to Waihaka. That morning, from his position atop Hoku`ula, Kamalalawalu could see that the lowlands were literally covered with the countless wamors of Lono, and realized that he was outnumbered. For three days the armies skirmished, with the actions of the Maui warriors being dominated by Kamalalawalu's nephew and general, Makakuikalani. Then, the battle began with Makakuikalani "positioning his warriors at the front below Hoku`ula and Pu`uoaoaka" where they were confronted by Pupuakea and his men. Initially, the two high chiefs battled alone, using war clubs, and Makakuikalani was slain. After Makakuikalani fell, the Maui forces were rapidly routed and Kamalalawalu, the Moi of Maui, was also slain. The killing lasted for three days and ended in Puako. "So ended the first of the major wars between the nations of Maui and Hawai`i." Lastly, the proposed change of zone will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure. The proposed change of zone request is an action that would down-zone the property from its current zoning, which would allow up to 6 40-acre lots and 174 1-acre lots, to a zoning that would prevent any future subdivision of the property. Therefore, based on this information, the proposed change of zone will not require any necessary infrastructure for the action and will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure. Based on the foregoing, approval of the change of zone request from Agricultural 1-acre (A-la) and Agricultura140-acre (A-40a) to Agricultura1400-acre (A-400a) for approximately -6- 420.17 acres of land would result in an appropriate land use pattern that will further the necessity, convenience and welfaze of the general public. The accompanying draft bill to amend Section 25-8-7 (North and South Kohala District Zone Map) and Section 25-8-11 (Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code) is provided for your favorable consideration. -7- rr os p C..r:...4}~. COUNTY OF HAWAII STATE OF HAWAII ~'~k•;,•a:'?° BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) AND SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 ' (2005 EDTTION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 40 ACRE (A-40a) AND AGRICULTURAL -1 ACRE (A-1 a) TO AGRICULTURAL - 400 ACRE (A-400a) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-5-001:020. BE TT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Sections 25-8-7 and 25-8-11, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following azea situated at Waimea, South Kohala Hawaii, shall be Agricultural - 400 acre (A-400a): Beginning at the southeast comer of this pazcel of land, at the north comer of Lot 4, Block 1, Waimea Homesteads and at the south corner of the Waimea Water Reservation (Governor's Executive Order 2511), the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 901.60 feet North and 1293.84 feet West, as shown on Government Survey Registered Map 2739, thence conning by azimuths measured clockwise from True South: 1. 55° 09' 435.0 feet along Lot 4, Block 1 of Waimea Homesteads; 2. 145° 09' 500.0 feet along Lot 5, Block 1 of Waimea Homesteads; 3. 55° 09' 600.0 feet along Lots 5, 6 and 7, Block 1 of Waimea Homesteads; -1- 4. 145° 09' 500.0 feet along the northeast side of a 20-foot Road; 5. 55° 09' 1000.0 feet across the said 20-foot road and along Lots 8-B, 9, 10, 11 and 12, Block 1 of Waimea Homesteads; 6. 145° 09' 390.0 feet along Lot 2, Block 12 of Waimea Homesteads and across Lihipali Road; 7. 55° 09' 321.4 feet along the northwest side of Lihipali Road; 8. 67° 59' 482.7 feet along the northwest side of Lihipali Road; 9. 7° 30' 295.6 feet along the west side of Opelo Road; 10. 97° 30' 594.4 feet along the north side of Kohokohau Road; 11. 124° 28' 433.6 feet along the north side of Kohokohau Road; 12. 91 ° 44' 597.0 feet along the north side of Kohokohau Road; 13. 33° 12' 598.0 feet along Lots 5 and 4, Block 10 of Waimea Homesteads; 14. 130° 30' 2051.0 feet along Grant 5276 to A. T. K. Parker; 15. 220° 30' 210.00 feet along Grant 5275 to A. T. K. Parker; 16. 130° 30' 110.00 feet along Grant 5275 to A. T. K. Parker, to the middle of Waiauia Stream; -2- Thence along the middle of Waiauia Gulch to its junction with Oolamakapehu Gulch, being also R.P. 4504-A, L.C. Aw. 589-2258, Apana 1 to James Fay and thence along the middle of Oolamakapehu Gulch, being also R.P. 8158, L.C. Aw. 4513, Apana 2 to Paukeaho, the direct azimuth and distance being: 17. 221° 07' S0" 1513.24 feet; 18. 212° 48' 718.5 feet along R.P. 8158, L.C. Aw. 4513, Apana 2 to Paukeaho; 19. 206° 27' 741.0 feet along R.P. 8158, L.C. Aw. 4513, Apana 2 to Paukeaho; , 20. 218° 42' 649.0 feet along R.P. 8158, L.C. Aw. 4513, Apana 2 to Paukeaho, to a concrete monument; 21. 279° 46' 1478.75 feet along the Hawaiian Home Land of Puukapu; 22. 9° 46' 500.00 feet along Reservoir Site; 23. 279° 46' 1400.00 feet along Reservoir Site; 24. 189° 46' 500.00 feet along Reservoir Site; 25. 279° 46' 183.85 feet along Kohala Forest Reserve (Governor's Proclamation dated May 2, 1938); 26. 316° 02' 1192.9 feet along Kohala Forest Reserve (Governor's Proclamation dated May 2, 1938); 27. 289° 54' 332.0 feet along Kohala Forest Reserve (Governor's Proclamation dated May 2, 1938); 28. 267° 39' 50.0 feet along Kohala Forest Reserve (Govemor's Proclamation dated May 2, 1938) to the middle of Waikoloa-iki Stream; -3- 29. 55° 09' 1011.9 feet along Waimea Water Reservation (Governor's Executive Order 2511); 30. 325° 09' 1913.5 feet along Waimea Water Reservation (Governor's Executive Order 2511), to the point of beginning and containing an AREA OF 420.17 ACRES. All as shown on the map attached hereto, marked Exhibit "A" and by reference made part hereof. ' SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. 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. -4- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: ' Date of 2nd Reading: Effective Date: -5- FOREST A-CO° N FOREST RESERVE A-0aa W E - S x t e~ ~ ~ 4s'' _ a r ,~tf'~ "r": FOREST "q ~`e'F., t k~~ * w~f~x. . z z, RESERVE ~ ~,c n R'~ -yp~xF~ - ` ,y 3 r " tk QCs y~r~a ~ aa.~~~#r ~ ~ ~ i, , Stu p ~ ~ u +'yrs 47 d+ , -.'y # i t A•1a ~ AGRICULTURAL 40•ACRE (A•40a) t ~ rf e AND AGRICULTURAL 1-ACRE (hta) ~rs~s „ . TO AGRICULTURAL400-ACRE (A-400a) aaa ~ 410.17 ACRES ~ ~ F- ~4y °~J- s~F .~4.. A-40a m A~Ih A• a A-fa c ~}a.a9, fa -1 1.29 1e A- 0 O t -T9 fa fa Afa .S A- fa fa 7.9 A-fa A-fa A-fa A- 9 CV-.9 OPEN C - RS-L9 1.20b 600 0 1.200 2406 3.600 4.800 6.000eet AMENDMENT TO THE ZONING COFF DE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE-MAP) AND 25-8-11 (LALAMILO-PUUKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 40-ACRE (A-40a) AND AGRICULTURAL 1-ACRE (A-1 a) TO AGRICULTURAL 400-ACRE (A-400a) AT WAIMEA, SOUTH KOHALA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 65-009:020 Date: FeWuery 9, 2007 EXHIBIT °'A°~ (County of Hawaii, Planning DepaltmeM:9226)