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HomeMy WebLinkAboutCOM 1155.000 1980-1984COUNTY OF HAWAII PLANNING DEPARTMENT 25 AUPUNI STREET • HILO, HAWAII 88720 Honorable Stephen K. Yamashiro, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yamashiro and Members: Rezoning Request - James Trump Tax Map Key 6-4-17:23 1W HERBERT T. MATAYOSHI Mayor SIDNEY M. FUKE Director DUANEKANUHA Deputy Director March 15, 1983 COUNfYCLERK COUNTY OF HAWAII RECEIVED Tim 2'S3 P Byi:..r... Date 3 6! The Planning Commission, after a duly held public hearing on March 2, 1983, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 40 -acre (A -40a) to an Agricultural 5 -acre (A -5a) zoned district. The property is located at South Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: The subject request, involving 28.1 acres of land from an Agricultural 40 -acre (A -40a) to an Agricultural -5 acre (A -5a) zoned district, conforms to the LUPAG Map of the General Plan which designates the area for Intensive Agricultural uses. This designation refers to land with fertile soil and is basically used for sugar, orchard, diversified agriculture, and floriculture. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards, and courses of action. The goal for agricultural land use set forth in the General Plan is to "Protect and maintain agricultural lands iof .the. island of Hawaii." One of the applicable policies in the' General Plan states in part that "Agricultural lands shall continue to receive preferential treatment. Zoning shall protect and maintain prime agricultural lands from urban encroachment." Comm. No. 116 File No. Jr� t4 Ref. To: /1- (=' Ref. Date MAR 1 719$3 Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 2 The change of zone complements the above-described agricultural land use goal and policy of the General Plan. The petitioner proposes to make substantial improvements to the subject property prior to subdividing it. These improvements include fencing, soil improvement procedures and solutions to existing water -related problems. This will insure that the new owners will start with several sound agricultural practices already implemented. The petitioner is also agreeable to deed covenants restricting the use of land to agricultural purposes. These proposals, when implemented, will further the above-described goal and policy of the General Plan. Furthermore, the high agricultural potential of the subject property, as evidenced by the Soil Conservation Service's classification and the Department of Agriculture's ALISH classification, requires that stringent agricultural performance conditions be imposed. These include incremental zoning tied to mandatory agricultural performance on each of the lots and farm dwelling requirements. Thus, approval of the subject change of zone will also be consistent with another General Plan land use goal which states, "Protect and encourage the intensive utilization of the County's limited prime agricultural lands." The requested change of zone will also be consistent with the General Plan goal to "Designate and allocate land uses in appropriate proportions and in keeping with the social, cultural, and physical environments of the County." The subject request will be compatible with the agricultural/residential character of the surrounding area. Within the immediate vicinity are two subdivisions zoned Agricultural -one acre (A -la). The Nani Waimea Subdivision, situated adjacent and to the west of the subject property, consists of 60 lots ranging between 8,000 to 14,000 square feet in size. The Kamuela Haven subdivision is also situated in the vicinity and consists of 74 parcels ranging between 7,500-13,000 square feet in size. In addition, parcels in the vicinity are also zoned Agricultural -3 acres (A -3a). Therefore, approval of the subject request will not be changing the existing character of the area because a variety of smaller lot sizes already exists. The necessary public services, utilities and infrastructures are already available to the subject property or will be provided by the petitioner. For your favorable consideration, an amendment to Section 7.09, the Kamuela Zone Map, of the County Zoning Code is transmitted. Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 3 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, CL D IM Chairman, Planning Commission r_191 cc: Mr. James Trump Department of Public Works Department of Water Supply SII;• f /ERB R T. MATAYOSI3I, MAYOR 1 � � CHANGE OF ZONE: JAMES TRUMP The petitioner, James Trump, has submitted an application for a change of zone involving 28.1 acres of land from an Agricultural 40 -acre (A -40a) to an Agricultural -5 acre (A -5a) zoned district. The area involved is situated along the northern side of the Hawaii Belt Road adjacent and to the east of the Nani Waimea Subdivision, Puukapu Homesteads, 2nd Series, South Kohala, Hawaii, TMK: 6-4-17:23. In requesting the zone change, the petitioner intends to subdivide the area into five (5) parcels approximately five (5) acres in size. The petitioner, intends to retain one lot, lease one, and sell the three additional lots in fee simple. The pQtitioner states that, "My reasons for requesting a change of zone are (1) to increase the agricultural productivity of this acreage, (2) to provide home -farm lots for families interested in agriculture, and (3) to make a reasonable profit that would allow for my own expansion plans in agriculture." The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Intensive Agricultural uses. Soils in this General Plan land use category are highly fertile. According to the Soil Survey Report }published by the U.S.D.A., Soil Conservation Service, the land is of the Maile Series which consists of well -drained, silt= l.o�:.���s tnilt formed in volcanic ash. The surface layer anc1 ;uh oil am about 14 and 46 inches thick, respectively. Permeability is moderately rapid, runoff is very slow, and the erosion hazard is none to slight. This soil is used for truck crops and pasture, and has a capability class rating of I, which is the highest on the scale from I through VIII. The land has a 0 to 3 percent slope. The area receives from 60 to 90 inches of rainfall annually. The Land Study Bureau's overall master productivity rating for agricultural use is Class "C" or Fair. The subject property is designated "prime" agricultural land by the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The subject property is presently being used for grazing purposes. Other properties in the vicinity are used for grazing purposes and home sites. The Kamuela Haven Subdivision and Nani Waimea Subdivision situated in the immediate vicinity have parcels ranging in size from 7,500-14,000 square feet in size. Properties to the north, south, and east are zoned Agricultural -40 acres (A -40a) while adjoining property to the west is zoned Agricultural -1 acre (A -la). Parcels in the vicinity are also zoned Agricultural -3 acres (A -3a). The following comments were offered by the Department of Public Works: --2- "1. Because the parcel abuts a secondary arterial, and as an arterial should be used primarily for through traffic, accesses to the development shall be consolidated to a single location meeting with the approval of the Chief Engineer. "2. As indicated by the applicant's description, there are ponding sites in the area, and a large pond in lot 113E does encroach into Lot 30 and 32 of Nani Waimea. Consequently, it is recommended that a drainage improvement plan, indicating the proposed work, be developed. Approval may be secured by either this department or the Soil Conservation Service." The District Conservationist of the U.S.D.A., Soil Conservation Service commented that: "To make 5 acres of agriculture land profitable enough to support a family; the land must be put into intensive agriculture use which means a lot of labor and high initial expenses. It will take a while before profits can be realized. "The present water supply is inadequate to supply the proposed aq. lots at certain times. "on page 4, last paragraph, the one acre pond no longer exists, so aquaculture may not be possible. The pond was created during the heavy rains of 1979-80 and the drought of 1.980-81 dried up the pond. This natural depression, along with other depressions, will serve as storage areas for the existing runoff water. To make the ponds it, this area hold water it may have to he Lined. Although, shoulcz green tIou:yes be constructed; -3- depending on the amount and sizes of the greenhouses, they may create a significant amount of additional runoff water. Plans should be made for the disposal of this additional runoff water. "Some areas have high water table which should not be used for building or cesspools." The Department of Agriculture commented that: "The subject parcel is classified 'Prime' according to the Agricultural Lands of Importance to the State of Hawaii system. In view of this along with the favorable growing climate in the Waimea area, we are very concerned with the land being utilized for agricultural activities. We, therefore, would like to suggest that deed covenants restricting the use of the land to agricultural purposes be voluntarily placed on the proposed parcels even though they are not required by law." In response to these comments, the petititioner stated, in part, the following: "Enclosed are five copies of a revised map for the proposed agricultural subdivision of TMK: 6-4-17:23. The new lot configuration with the 50 foot wide roadway lot will consolidate access to the development to a single location. This should meet with the approval of the Chief Engineer. The new layout will also facilitate contour farming according to the Soil Conservation Service. "`�'t;rouc�h ir<<>etinc�s with the I:amuela office of the Soil Conservation Service we hive hoi_.�eiidly resolved the concerns of stan<:ing eater and uc� has calculated the runoff_ for each site for a 10 -year and 25 -year frequency storm. We have worked together in the past on conservation practices and will again in the upcoming months for this project. Construction of a few small 'stock' ponds with appropriate spillways and grading will contain runoff and will eliminate the existing encroachment of water into other lots. As mentioned in the initial application, subsoiling with a bulldozer will break the hardpan soil, improving the drainage. Subsequent fertilization and careful grass management will further improve the water cycle. "I personally am committed to small scale intensive agriculture in Hawaii and it is my most sincere hope that each of these lots will be as productive as possible. Making agricultural improvements before the sale of the lots should encourage the use of the land for more intensive agricultural activities. Deed covenants restricting the use of the land to agricultural purposes is welcomed on my part. However, I had assumed that the A -5a zoning code would ensure the same end." The Waiinea-Kawaihae Community Association, Planning & Urban Design Committee stated, in part, that: "It has been represented that the applicant is proposing rezoning a future subdivision of the parcels for agricultural_ uses. He proposes to improve the soil and do all the fencing improvements before the sales of the lots. To this end we support t:he chin(le of zone from A-40 to 5a as a minimum lot size It appears that the u,e of 5 acre parcels with improvea ,�,oi.l will oft_er a batter o;-portunity for agricultural use. -5- "We ask that the planning department consider defining this lower lot size as an unrezonable [sic] and unsubdividable interest to any smaller lots. This might be accomplished through the use of deed restrictions or rezoning and subdivision conditions." The Department of Water Supply stated, in part, that "a water commitment in the amount of 0.0030 million gallons per day is hereby granted to the proposed 5 -lot subdivision development." The Department of Research and Development recommended approval of the subject request. The Fire Department stated that fire protection is provided by the Waimea Fire Station and that hydrants are not available since it is an agricultural zoned area. The Hawaii Electric Light Co. stated that there is a utility easement for their transmission and distribution lines through Lots 113-A and 113-B. None of the other cooperating agencies had any comments on or objections to the subject request. In support of the subject request, the petitioner stated, in part, the fol lowing: "While under si.rgle ownership and before subdivision the followinq measures will he taken to improve the soil, and water. -6- conditions of this parcel. As per the recommendations of the Cooperative Extension Service, 2 tons of coral and 500 pounds (or equivalent) fertilizer will be applied per acre. To increase soil aeration, improve drainage, and to alleviate the compact hardpan, the land will be 'sub -soiled' by a bulldozer equipped with a ripper. The area will be seeded with a mix of New Zealand white clover and green leaf_ desmodium. "Water lines will be installed so that each parcel is served by the domestic water system. A plan is being designed to control runoff. I have met with personnel from the Soil Conservation office in Kamuela. Together with a bulldozer operator, preliminary excavation and grading plans have been made to divert runoff into the three above-mentioned ponds. The plan calls for the ponds to be slightly enlarged. The appropriate spillways will be on the same lots as the ponds to insure that further water encroachment during high rains does not occur. "Each lot will be fenced. Fencing, soil improvement procedures and solutions to existing water related problems will be finished before selling the first 5+ acre farm lots. This not only is the most efficient and economical means of development but it will also insure that the new owners start with several implemented sound agricultural practices. "The type of economically viable agricultural venture possible on these give 5+ acre farm lots is varied. With the previously mentioned agricultural improvements completed, the stocking rate of cattle would be increased from approximately 1 A.U. por two acres to 1 A.U. per acre. If an owner implemente<i -7- a more refined pasture management system (ie. Savory Short Duration Grazing Method) stocking rates could be increased to 2-2.5 A.U. per acre. After allowing for 1/2 acre per home site, the increase in total stock for the subdivision (if kept in cattle) would conservatively rise from 14 A.U. to 22 A.U.. A small scale lambing operation could run at least 40 sheep on one of the five acre lots. These backyard livestock operations are not of the scale to support a family, nor is the present use of the land able to produce an average income. However, in terms of productivity, through rezoning and subdivision as outlined, yields per acre would increase significantly. The present erosion and degeneration of soil quality can also be reversed through development and propoer management. "The best agricultural propsects for these five acre lots lie in intensive diversified agriculture. The one acre pond which has been a poor quality water supply for cattle can, after development, support an annual yield of .1500 to 2000 pounds of channel catfish or from 2500 to 5000 pounds of white amur grass carp. The spillway for this pond is quite fertile and could supply the vegetation needed to support a small scale fish farm. This would be a high risk experimental project but one that I personally would like to be involved in. "Truck farTninq prospects are more sure. Celery, ginger root, artichokes, won bak, lettuce, gobo and dry land taro can be grown for profit on this size parcel. Lack of agricultural water and the high annual rainfall are impediments but are surmodntabl�, in a small scale closely supervised operation. -8- "Greenhouse operations seem to have the most promise in terms of lot size and location. Roses, mums, bell peppers, tomatoes, cucumbers, carnations and other lei and cut flowers may be grown with success. Improved greenhouse technology, the use of family labor, and the increased interest in small scale agriculture make this type of investment more likely and profitable. Sufficient capitalization is a key to success. Five acre lots are small enough for potential onwers to make significant capital equipment investment yet large enough to have the economy of scale needed in diversified agriculture." -9- i APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: James P. Trump APPLICANT'S SIGNATURE:` ADDRESS • P.O. Box -1402 Kamuela ; TELEPHONE: 775-0403 REQUEST FROM: Hawaii, 96743 Agriculture -40 Acres TO: Agriculture- 5 Acres TAX MAP KEY: 6-4-17-23 AREA OF PROPERTY: 28.13 acres (size of pm cel) OWNER: James '12. Trump OWNER' S S I GNATURE : APPLICANT'S INTEREST, INTEREST, IF NOT OWNER: (If lessee, must be for. at .least another 5 years from date of application) APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach) 1. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if applicable) of the General Plan document. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan docwnent are available at public libraries and at the Hawaii County Planning Department.) 2. Please state any other reasons for your request. THIS APPLICATION MUST BE ACCOMPANIED BY: (1) 16 copies of the completed application form. (2) 16 copies of a location map. (3) 16 copies of a site plan with existing and proposed uses (e.g., structures, topography, proposed subdivision). (4) 1 copy of appropriate questionnaire. (5) any additional Information. (6) $100.00 processing fee. (7) One (1) copy of full-size site plan drawn to scale. Site plan should include property lines, reference points (roadways, shoreline, etc.), and existing and proposed structures and uses. Site plan shall be 2 feet i by 3 feet in size at a m i n i murn. FOR OFFICIAL USE: Date Received Director's Action Prelim. Hearing Public Hearing To Council P.D. 1 2/75 ATTACHHEI1T Agricultural Rezoning PLAIINII:?G DEPT' RTHENT COUNTY OF HAWAII APPLICATIOIN FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change yes of zone? If 'yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 28.13 b. Into what lot sizes? 5+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 60 Days for preliminary approval? d. Do you intend to build houses on the newly created No lots? if y�s, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? Ifyou intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? _ d. •Keep it? e. other (please state) k If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, incliide in ourl ns� er approximately how soon after approval oiyour 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? By providing five families with house sites on their farm lots. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any Yes agricultural activity? ... If so, please list the kinds of products grown and on how many square feet or acres of land per product. Cattle grazing, approximately 1 animal unit per lz acres. 5. Was your request to allow for the creation of smaller Yes agricultural lots? If so, did your plan include the following considerations? a. Commodity to be produced? Yes Khat kinds of con-miodity? Cattle, sheep, fish, truck farming;, hot house vegetables, lei and cut flowers, seedling producer for commercial truck farms, nursery. Specific vemetablco and flowers considered include celery, ginger root, artichokes, Bobo, won ti l:, met - , 11 l-ind taro, bell peppers, tomatoes, cucumbers, roses, mums, and carnations. ..2 b. Suitability of the proposed lot -size for that corm-aodity? Good c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural. use? Yes _ Please state the proposed type of arrangement. All five lots will have deed restrictions limiting usage to agriculture. Three will. be sold in fee simple. One lot will be retained by applicant for agricultural use. One lot will be leased by applicant for agricultural purposes(a nursery operator has made a tentative commit- ment pending the outcome of this application), 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. Please see attatched. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7.. To your knowledge, has there been any flooding and/or drainage problem on the subject area? yP� If so, please describe the problem. Poor drainage on compacted soil. Aunnoaf creates standing water. Please see attatched for measures planned to alleviate flooding and drainage problems during times of heavy rains. S. Do you think that the roads leading to the subject 'No area needs improvements? If so, what kind? is the road adequate fox the proposed traffic volume Yes or load? -3- 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes 00 a. Schools b. Roads c. Sewer X d, Drainage X e. Police Protection X f, Fire Protection X g, Recreational Facilities X h, Public Utilities X i. Other X For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ----- Y Address: P.O. Dox 1402 Kamliela, HI, 96743 Telephone: 775-0403 Date: 7/23/81 -4- Appl i cant',,-; fleasorls a Change of Zone fMK (- '-17-023 P!-Aukapu, "outh Koiala, ll�iw:jii .1 a rh (; ._: I rlullip p.c. rt3()x 1-402 xallluil"-I, Hawaii C) ( .1 743 rert ` ( " - A 1, i o n f c r C ha. n c, T Zone w,i 1- 1 --it t emi p t ;U t I j n(� e to do, Wily, T _ Wish to do �11 0 h c, w it w tl,ti,rlo_ posed actions are consistent wiO the goals and �olicics of III,­iti, Acctjfflf,'Tttr au, reqiliestinT R ch,-lntru of f,,-)r TMK 6--17-23 from a�ricAll­jre 40-acre to The 2`4,13 acre: sabdivid,-,d into five:5+ -cr(, aO- w0,11 re=tain _ii,e lot, l e onand !ell t�-,e ­r�ee add.ititon: ,l lots in fue siffilt'll-2. My reason.­, for requestir_Lrl a O.anp-,e of' zone are tc, increase the agricultural productivity of tris acreage, (2) to r_)rovide 11-lorfic-farm lots for familia;:_; interested in agriculture, and tc make a reasonable pr�Xit that would allow for my own expl: in the dctiorl.�, that plans ir e,llt lire. A:> I I will tl-alku- to develop this prime apricult-ural land -1 will how these actions are f,,()nsistent with the General Plan. Existing Soil and Water Conditions The 28.1.3 acres of parcel TMK 6-4-17-23 have beer. used for ,,L-razing, cattle. A corral is the only existing 'structure' on the property. The approximate stockinp, rate is onc, animal unit (A,U.) Per two acres (or about 14 A.U, per 28 acres). The 1971 oSoil Survey of Island of Hawaii,, -lassifies the soi-L in the -I- Maile Series, suitable for truck crops and pasture. Recent soil samples indicate a PH of 5.4 with nitrogen, phosphorus, potassium, calcium and magnesium fertility levels as "very low". Kikuyu grass predominates with occasional stunted stands of clover. The pasture is 'overgrazed' and the soil is highly compacted. Two domestic waterlines are adjacent to the property, a 12 inch waterline from Mamalahoa Highway and a 4 inch waterline from within Nani Waimea Subdivision. According to the preliminary "Hamakua Area Agricultural Water Study ( March 1981) it is highly improbable that agricultural water will be made available to this parcel. The benefit -cost ratio for serving this area with agricultural water is only .53 (Section I. Manned Expansion for Stockwater System) . Average annual rainfall measures between 60 to 90 inches. Drainage should be good for this type of soil but, in fact, is poor due to the compact state of the ground. Runnoff from the Mani Waimea subdivision together with surface collection or. the parcel itself has created three areas of standing water, one 1 acre 'pond' on proposed lot 113E, and two 50 foot in diameter 'ponds' on proposed lots 113A and 113D (one each). The large pond encroached on lots #30 and #32 of the adjacent Nani Waimea subdivision during the heavy rains of 1979_80. 2- Proposed soil and Water Development Actions While under single ownership and before subdivision the following measures will be taken to improve the soil and water conditions of this parcel. As per the recommenda- tions of the Cooperative Extension Service, 2 tons of coral and 500 pounds (or equivalent) fertilizer will be applied per acre. To increase soil aeration, improve drainage, and to alleviate the compact hardpan, the land will be "sub -soiled" by a bulldozer equipped with a ripper. The area will be seeded with a mix of New Zealand white clover and green leaf desmodium. Water lines will be installed so that each parcel is served by the domestic water system. A plan is being designed to control runnoff. I have met with personnel from the Soil Conservation office in Kamuela. Together with a bulldozer operator, pre- liminary excavation and grading plans have been made to divert runnoff into the three above-mentioned ponds. The plan calls for the ponds to be slightly enlarged. The appropriate spillways will be on the same lots as the ponds to insure that further water encroachment during high rains does not occur. Each lot will be fenced. Fencing, soil improvement pro- cedures and solutions to existing water related problems will be finished before selling the first 5-F acre farm lots. This not only is the most efficient and economical means of development but it will also insure that the new owners start with several implemented sound agricultural practices. - 3- Potential Agri cultural Use The type of economically viable agricultural venture possible on these fire 5+ acre farm lots is varied. With the previously mentioned agricultural improvements completed, the stocking rate of cattle would be increased from approximately 1 A.U. per two acres to 1 A.U. per acre. If an owner imple- mented a more refined pasture management system (ie. Savory Short Duration Grazing Method) stocking rates could. be in- creased to 2-2.5 A.U. per acre. After allowing for I acre per home site, the increase in total stock for the subdivision (if kept in cattle) would conservatively rise from 14 A.U. to 22 A.U.. A small scale lambing operation could run at least 40 sheep on one of the five acre lots. 'These backyard live- stock operations are not of the scale to support a family, nor is the present use of the land able to produce an average income. However, in terms of productivity, through rezoning and subdivision as outlined, yields per acre would increase significantly. The present erosion and degeneration of soil quality can also be reversed through development and proper management. The best agricultural prospects for these five acre lots lie in intensive diversified agriculture. The one acre pond which has been a poor quality water supply for cattle can, after development, support an annuual yield of 1500 to 2000 pounds of channel catfish or from -2500 to 5000 pounds of white amur grass 4- carpe The: spillway for this pond iJ quite fertile and could supply the vegetation needed to support a small scale fish farm. This would be a high risk experimental project but one that I personnally would like to be involved in. Truck farming prospects are more sure. Celery, ginger root, artichokes, won bak, lettuce, gobo and dry land taro can be grown for profit on this size parcel. Lack of agricul- tural water and the high annual rainfall are impediments but are surmountable in a small scale closely supervised operation. Greenhouse operatic ris Ic:, C',Aily %,iU most prcrjc- ,i< i t terms of i o t e i ze and location. noses, mums bell peep t; ru, tornatues, cucumbers, carnations and other lei and cut flowers may be grown with success. Improved greenhouse technology, the use of family labor, and the increased interest in small scale agriculture make this type of investment more likely and p:^ofitable. Sufficient capitalization is a key to success. F'iv'e acre lots are small enough for potential owners to make significant capital equipment investment yet large enough to have the economy of scale needed in diversified agriculture. The General Plan The pi.anning and development of this small agricultural subdivision is, I believe, consistent with the goals, policies, and courses of action of the General Plan document. Small, family -operated farms and ranches account for about -5-- half of the people engaged in a ricljlture. Given the increased competition for labo-, small ;scale family m-Ana,ed. agricultural operations are viable and desirable for thf nounly. Home J tes will not snake a big dent in the hou; i ng ;hurt-ige, However this subdivision would be of modest help. Simul taneou-A y the protection of prime agricultural lands and the need to preserve open space:; would be maintained. The Kamuela area wall expand. This type cf expansion is orderly, well-planned and a beret i t to the quality of a rural environment, Expanding the agricultural industry (especially diver ified agriculture), striving for an economic climate which provides its residents an opportunity for choice of occupation, and ar economic s.ysf;m that provides its residents with opportunities to improve their quality of life are goals and policies that are particularly ionsistent with this proposal. The soil and water improvements, already outlined, will improve and protect prime agri cul. Lural land. Under the subtitle of "Flood Control and Drainage" the General plan lists the problems of runnoff and drainage. The proposed subsoil ripping, grading, and excavating when completed under the supervision of the Soil Conservation office will conserve natural resources, prevent damage from inundation and will puL, surface water to constructive use. IM:R 114 Conclusi on In a relatively small development project like the one outlined, success is largely dependent on the skills, pla.nn.n-- and responsibility of the developer. I sincerely belif;ve chat I have the necessary qualities, experience, and foresight to carry through that which I l vc outlined in an orderly and respon- sible manner. If charges and rethinking are necessary, I will be open to them. Two central questions have been asked. What is the present use of parcel TMK 3-6-4-17-23 ? and What is the best possible use or this land in the future? The development actions that I propose to take, if rezoning permission is granted, will in- crease the agricultural productivity of these 28.13 acres, will be beneficial to the local economic climate and will provide several home sites that offer residents good opportunities to improve their quality of life. - 7- J(:7WN HAIOL A__ JULIAN TAVAITet, P, W!' r-5 . pilo_ i.►AM �IZt6(�(NA I. 7 �ol� Pf?ICat+itrlZ Q ! Nf* Jo ANN S DEL Izd6-AWlo JAM F6 E, rikVIS l� t-CWAKD sFE�4CAR fipv 1 S OrANL-Y J05Et''4 Y M^T'SU0 YOKOYA►4 4 W F. M LAO — IZONAkLo dNTANL_—_ P.t WI=. MART" gt wF • I�AR7' 6� �MlyUK t `�U�NlSt+l F� WF. Rt1PIj' 7 ,EI1RFF�ICy L. {=ERNANt7EL to 1'J F. W E ry py KAL.AM 1 I+. ,56HUTTF, ,lANrcKD GjGHuTTF____ LAKRy W.M .YAM 0 IVF=. 'YUKte Ir ErMIL.i� G. -- UFlF -TO, E•TAL IKVtNG PIMENtiK V a0 FLVREhtTINv A, VF-NTLJK^ P, W!' r-5 . pilo_ i.►AM �IZt6(�(NA I. Q MAtcIANo r, j� DEL Izd6-AWlo P, W P, l� t-CWAKD sFE�4CAR E, W P. Iin5E MART r OrANL-Y J05Et''4 4� WF; EV�rC+t LII�1A �� tNYEyfMEtJf.. F'!~Kl=6CTo C�Ns*NGIAI.--- gt wF • I�AR7' WAJ-TEfC GYPff1A�� WF. /�A6l.AIG�� �awNeRs1 i cc 3 0 91 3 Z d 2 44 M 6 1 M aD 2.13 ,4G5. Q 4 fi°J 07. gO N t MANUEL V. TCLEW, JR. f NIU.DRI:D C rPl-1;V10 C owNirx.� ) N 1� J t� n,q,a� M,� l .A+ -10A H 1 C't 1-4 Y4 AY 11OFE5510NA1 p'+ LAND suroyow * No. 1698 /Y �.• \.4!'�tq, v 5. This work was prepared by rte Or un my sur isi n. Pie asters rofessional Sur � v to t/Certificat Number ICER J 7.0 N 1 N G P L.A �4 PLAN SHOWING FGf4Z-'40N Cr- GKA WT 531 V 74T rU U KAr'�u , S Gc2u- ' H KO AL..A , 1eaLAND Ger- HAWAII, HAWAII 7 -AX MAIC KEY! ;�,Ra DIY. &-4-)-T-23 HONOLULU, HAWAII WILLIAM HEE & ASSOCIATES, INC. AOZO AuAl-It 6-r. P)t - 3`.? CIVIL ENGINEERS - SURVEYORS - PLANNERS IZE5. 260, I1?8t .es ti.r \ •�C J i i\ a. a. 5� 06" s 0 7 r. / a ' R 28a of cI . +� at ✓ A I ' 1 t Ftp V O VA• t f ° I 23 �J If sa �_ ' 08 f 02 e� 21 26 -�� TRUE NOAST'N 02 ..sc"H: I+n. •g000i! 25 o l 4 yr :.. �.. 17 i Npe, AN w -100 18 ji 28 22 �:� If N J Im 27 to / los 101 i % ` 5 p1 too 16 / 2 �...�._ 1%. r PrtC�J SGT p. Oq 14 /�• 1-I SITE �t ' If II�.• KAMUfU flI ^O)1'J. 3 IL.VMrfL. ► 116 t l , fi -10 0 I18 11� IF / l 4 ItI rW'K 4 -INC a 09 Y— i0 9 ' If l�Jo �� 1 Ire t , �«* /l Qr t I 1 its t'...r•-,-S,a, 1 (to _-- 03 1 3 3 I i 1 1 t 1 u I A,, 434e-8 ' 1 1 f •.• .29 N [A [Anfc AJ 5.6100W / DEPARTMENT TN[ TAR CCF u TA7(ATIOIOh MAiS EU K: %A M L.1 TERRITORY 0' HAWAII /,. Ac� TAX MAP 3tc 7 rvs A M A K U A / �" �— ZONE SEC. 6 4 PAR' SUBJECT TO CHANGE CONTAINING SCALE IIN O LOGAT 10N PL.AN AT PU U KAr U, N/41 Q i✓p 15. KOLA 1 BILL NO. 949 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING SECTION':? 09 (THE KAMUELA ZONE MAP), ARTICLE 2. CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE. AS AMENDED, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -40a) TO AGRICULTURAL (A 5a) AT PUUKAPU HOMESTEADS, 2ND SERIES• SOUTH KOHALA, HAWAII. COVERED BY TAX MAP KEY 6-4717 23 BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION:1. SECTION 7 09, Article 2. Chapter 8 (Zoning Code) of the Hawaii County Code, as amended, is further amended to add a new subsection, to read as follows: "7.09 ( ). The district classification of the following area situated at Puukapu Homesteads, 2nd Series, South Kohala, Hawaii, shall be Agricultural (P_ -5a): Beginning at the Southeast corner of this parcel of land on the Northerly side of Mamalahoa Highway, being also the Southwest corner of Grant 9922 to Peter Bell, Jr., the coordinates of which referred to Government Survey Triangulation Station "EAST BASE" being 7,074.70 feet North and 3,286.00 feet East and running by azimuths measured clockwise from True South: 1. 730 50' 600.50 feet along the Northerly side of Mamalahoa Highway; 2. 1660 10' 2,295.78 feet along Grant 8124 to Annie K. Ahuna; 3. 294° 59' 770.06 feet along the Southerly side of Upper_ Hamakua Ditch Right-of-way; 4. 3460 10' 1,788.63 feet along Grant 9922 to Peter Bell, Jr. to the point of beginning and containing an area of 28.1294 acres. All as outlined in red on the map attached hereto, marked Exhibit "A" and•by reference made a part hereof. a- This subsection is conditioned upon the following: (A) the petitioner or its authorized representative shall be responsible for complying with all of the stated conditions of approval; (B) the area be zoned in two increments. The first increment shall consist of a maximum of seventeen contiguous acres, and the second, the remaining area; (C) rezoning of the second increment shall only become effective upon subdivision of the previous increment and upon the establishment of appropriate agricultural activity, as determined by the Planning Department, on each of the lots within the first increment. For the purpose of this condition "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of livestock, including but not limited to poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use. An agricultural activity will be considered appropriate (1) if such activity is intensively utilizing a minimum of fifty percent of the usable land area of the affected property(ies); or (2) if it provides a major source of income to the person(s) who reside on the property; or (3) if a level of production, greater than or equal to that which could be achieved on fifty percent of the usable land area, is achieved on a smaller area through alternative production technology; (D) subdivision plans for the first increment shall be submitted within one year from the effective date of this ordinance. Final subdivision plans for the first increment shall be submitred within one year from the effective date of -2- 40 tentative subdivision approval;(E) subdivision plans for the second increment shall be submitted within one year fr-om the effective date of the zoning for that increment. Final subdivision plans for the second increment shall be submitted within one year from the effective date of tentative subdivision approval; (F) access(es) for the proposed subdivision shall meet with the approval of the Chief Engineer; (G) a drainage improvement plan, meeting with the approval of the Chief Engineer, shall be developed; (H) restrictive deed covenants for each lot shall be recorded with the Bureau of Conveyances together with any recordation of final subdivision plat maps. The covenants shall require all dwellings to meet the definition of farm dwelling below. Furthermore the covenant shall restrict the area devoted to all dwellings to a maximum of one-half acre per lot. "Farm dwelling" as used herein means a single-family dwelling located on and in connection with a farm or where agricultural activity provides income to the family occupying the dwelling. The remaining portion of the lot shall be used for agricultural purposes only. The restrictive covenants contained herein shall run with the land and shall be incorporated into any deed, lease, agreement of sale, mortgage, or other instrument of conveyance executed for the subject property(ies); and (I) all other applicable rules, regulations and requirements shall be complied with. Should any of the forgoing conditions not be met, rezoning of the area to its original or more appropriate designation may be initiated." -3- SECTION 2. In 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. Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -4- A-4oa +-- ti C"N '1 A- Iq A -40o A 4Oa AME NC)"ALA Ails 166'i A Iq 2,2E) 57.7, A i'iOct F=oREST A- 9Cq (:NANI W IM EA �U6U1 ISION A 460 A/'} c-, o A PLEASANT \ ACRE -5 suafllvlslcN --� A a i II K MUBLA 770'06 M ADOW`: SUH IVISION"- / / AL AIC LTL � �►2 L / TO A5!C U-rURA (A -5d) jAft�A� �2212�4.AGRE5 1,788`6 i A-,i^o F, H I 0 `+H1. A --too NDMEN7 TO THE ZONING CODE AMENDf�1+✓NT NO. TO 5ECTIC)N '7.0� (THS 1�AMUC-LA �ONr- MAF') AtQTIC�-� '�, CNA1�TEft 8 (ZONING CoDC-) � OF THC Nf1WAI COUNT? CODs, ,�S AT✓1�NDCrJ, l�7' ? CHANGING THE DIST1:�IC7 cLl\551FicATlON F1''4�01"vl PSRICULTUr2Al- (A-4Oa) TC ACB RICULTUr-�AL- H -r pUUKAT=�U HOME57EEAD5, 2ND SErelcS, 5OUTH KOHAUA, DATA oJ= PUE3L-Ic Ht-ARING - JAN- 25, t�g-E3 t M/ iRCH "2, lne3 CF=F= Eli CTIvt= C7ATt= - A o1Q[DINANCt= NUMF3r-=R = prQ�PA1Qt=t_� B'Y = }�L-.ANNING DEPAI�TNI�N"1' COUNTY o� HAWA11 fR 1sL=-0 = i MAfRcH 15, I I JAN. 11, lFDE7'-3 r=XH!SIT iq (--00- SID A,, BAS E' O i —KA UBLA HA F=N SU VIV1510N to i A -40o A -tea A-,i^o F, H I 0 `+H1. A --too NDMEN7 TO THE ZONING CODE AMENDf�1+✓NT NO. TO 5ECTIC)N '7.0� (THS 1�AMUC-LA �ONr- MAF') AtQTIC�-� '�, CNA1�TEft 8 (ZONING CoDC-) � OF THC Nf1WAI COUNT? CODs, ,�S AT✓1�NDCrJ, l�7' ? CHANGING THE DIST1:�IC7 cLl\551FicATlON F1''4�01"vl PSRICULTUr2Al- (A-4Oa) TC ACB RICULTUr-�AL- H -r pUUKAT=�U HOME57EEAD5, 2ND SErelcS, 5OUTH KOHAUA, DATA oJ= PUE3L-Ic Ht-ARING - JAN- 25, t�g-E3 t M/ iRCH "2, lne3 CF=F= Eli CTIvt= C7ATt= - A o1Q[DINANCt= NUMF3r-=R = prQ�PA1Qt=t_� B'Y = }�L-.ANNING DEPAI�TNI�N"1' COUNTY o� HAWA11 fR 1sL=-0 = i MAfRcH 15, I I JAN. 11, lFDE7'-3 r=XH!SIT REPORT OF THE COMMITTEE ON PLANNING May 11, 1983 Chairman and Members Hawaii County Council Hilo, Hawaii Your Committee on Planning to which was referred: Comm. 1155: REZONING REQUEST - JAMES TRUMP (Bill 949) SOUTH KOHALA, HAWAII TAX MAP KEY: 6-4-17:23 (28.1294 acres) From Planning Commission Chairman Clyde Imada dated March 15, 1983, submitting for adoption, a proposed bill to change the district classification from an Agricultural 40 -acre (A -40a) to an Agricultural 5 -acre (A -5a) zoned district in South Kohala; recommends Bill 949 be passed by the Council on first reading. U90A�) IUWA#-)' TAKASHI DOMINGO, HAIRMAN PC REPORT N0, 224 ADOPTED'. ` March le, 1985 C-1155 Clyde Imada, Chairman 2Limgl§G EcImISSIO§ Sill 515 2e7-02ing 2eguest o3 J 3 Trump 2azc5 17, 1583 Ga£cE I5, i&S3 OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96770 May 18, 1983 Refer: C-1155/Bill 949 To: Planning Commission Chairman Clyde Imada Re: Rezoning Request - James Trump South Kohala, Hawaii Tax Map Key: 6-4-17:23 (28.1294 acres) The following is the action of the Hawaii County Council adopted at its meeting held today Approve and adopt Committee on Planning Report No. 224. COUNTY CLERK cc: Planning Dept. Mayor Att. Comm. NO. File No. M. B. No.