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HomeMy WebLinkAboutCOM 0198.000 1998-2000 i± a r~~~ William G. Davis Managing Director Stephen K. Yamashiro 'yaY°r Henry Cho ~yh,~,M'!e` Deputy Managing Director (1~Izuntg of ~ttfuttii 25 Aupuni Street, Room 2t5 Hilo, Hawaii 96720.4252 (808) 961-8211 Fax (608) 967-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 March 12, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-001) Request: Agricultural to Rural Change of Zone Application (REZ 99-001) Request: A-Sa to RA-2a Applicant: Willis C. Morriss Tax Map Key: 6-2-11:5 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced requests. Sinc ely, i ~ Stephen K. Yamashiro (Q7 Mayor L03059901.MAY Enclosures cc: Planning Department Comm. No.~ B;1 /s 53 ~ 54t ~ h Tile P1a. ~ , Iiof. 'io:~ . ~ ~ ibyy MtY oR y-_ ' Stephen K. Yamashiro Mayor • ~;;~.....sy. Oi Mr ~II1t1tf~1 D~ 2I~1TtITT PLANNING COMMISSION 25 Aupuni Serca, Raom 109 • Hib, F4waii %720-{252 (808) %48288 Fu (808) %1-%IS MAR 1 2 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-001) Request: Agricultural to Rural Change of Zone Application (REZ 99-001) Request: A-5a to RA-2a Applicant: Willis C. Morriss Tax Map Key: 6-2-11:5 The Planning Commission, after a duly held public hearing on March 5, 1999, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from the Agricultural to the Rural District and a Change of Zone to change the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.51 t acres of land. The property is located within Anekona Estates Subdivision between Kawaihae Road and Kanehoa Drive approximately 1,077 feet east of the Kawaihae Road-Anekona Street intersection and across the 64 mile marker, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz azeas in the County. The Change of Zone Application from Agricultural-5 acres (A-Sa) to Residential and Agricultural- 2 acre (RA-2a) zoned district will conform to the following goals, policies and standazds of the General Plan Land Use, Economic, and Agricultural Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primazy basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. ECONOMIC * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that aze compatible with the County's natural and social environment. The applicants are proposing to create a two lot subdivision using a 2.1098 acre portion neaz Kanehoa Drive and a 3.4056 acre pazcel adjacent to the Kawaihae Road for residential/agricultural purposes. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Extensive Agricultural. However, the Anekona Estates Subdivision as well as the adjacent subdivisions are a mixture of residences and limited agricultural activities. Therefore, it is determined that the request is consistent with the rural low-density development form depicted on the LUPAG Map for this area of South Kohala. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Depaztment of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20% slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. . The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 hazard is moderate. These soils are used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Surrounding lands aze located within the State Land Use Commission Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are owned through Condominium Property Regimes within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundazy Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a fora 5.00 acre parcel in the Kanehoa Subdivision. Similar land use changes were also approved in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have a right-of-way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the fair share contribution towazds roads. Water for the proposed subdivision development will be provided by the existing 6-inch line. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and, therefore, the applicant would be required to dispose wastewater into a septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Finally, because the subject property and surrounding areas have been extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X, an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, amendments to the State Land Use Boundazies Map, H-14 for the County of Hawaii, and to Section 25-8-7, the North and South Kohala Districts Zone Map, of the County Zoning Code are transmitted. We aze enclosing copies of the applications, a copy of the staff background and additional comments for your information. Sincerely, Leonard Tanaka, Chairman Planning Commission LMorri01.PC Enclosures cc: Mr. Gregory R. Mooers Mr. Willis C. Morriss Depaztment of Public Works Department of Water Supply West Hawaii OfFice Depaztment of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu B MorriOl . emm/rhy-L 18/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WILLIS C. MORRISS STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-001) ~IIANGE OF ZONE APPLICATION (REZ 99-0011 WILLIS C. MORRISS has submitted Applications for a State Land Use Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.51± acres of land. The property is located within Anekona Estates Subdivision between Kawaihae Road and Kanehoa Drive approximately 1,077 feet east of the Kawaihae Road-Anekona Street intersection and across the 64 mile marker, Ouli, South Kohala, Hawaii, TMK: 6-2-11:5. GENERAL INFORMATION 1. Land Ownership: Willis C. Morriss is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicant is proposing to change the existing Agricultural land use designation to Rural and changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.5154 acres of land. 3. Objectives: "The applicant is proposing to create a two lot subdivision using a 2.1098 acre portion neaz the Kanehoa Drive and a 3.4056 acre parcel adjacent to the Kawaihae Road. "The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. "Both of these lots aze presently undeveloped." 4. Supportive Information: The applicants have submitted the following in support of the request: (See Exlibit A -State Land Use Boundary Amendment and Change oP Zone Applications dated January 5, 1999) ATTACH. C-198 (BILLS 54 & 55) STATE AND COUNTY PLANS 5. SLU: Agricultural. 6. Hawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa) under the present Zoning Code. However, prior to the adoption of the December 7, 1996 Zoning Code, the subject parcel was zoned Unplanned. 10. SMA: The property is not situated within the Special Management Area. DESCR_TPTION OF SUt;_rF.c'T PROPERTY ANl> SUL2ROUNiIiNr. aRFs 11. Property: The subject property has a total area of 5.5154 acres. The property is rectangular shaped, and is located within the Anekona Estates Subdivision, a 36-lot subdivision. 12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 2Crlot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In July 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a fora 5.00 -2- acre pazcel in the Kanehoa Estates Subdivision. Two other similaz applications within the Anekona Estates Subdivision aze now pending before the County Council. Similar land use changes were also approved in October 1996 for two 5-acre parcels within the I{amuela Plantations Subdivision. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor). 15. U.S. Soil Survey: The soils are classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20°b slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dazk, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils aze used for pasture. 16. FIRM: The subject property is located within Zone X, azea determined to be outside the 500-yeaz flood plain. 17. Flora/Fauna Resources: According to the applicants' environmental report, the natural vegetation occurring on the property consists of Ilima and Panini. No native fauna was observed on the site. Common animal species in the azea include field mice and mongoose. There aze no known or recorded raze or endangered animal or plant life in the azea. 18. Archaeological Resources: According to the applicants' environmental report, no historic or archaeological sites were present on the parcel. The property has been previously grazed by cattle. Therefore, the proposed action will not have any effect on significant historic sites. Nevertheless, a wndition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any archaeological sites be encountered during the course of -3- 1 development. PUBLIC ?Tn.ITIES SERVI c 19. Access: The primary access for Anekona Estaus from Kawaihae road is via Anekona Street. The subject property is located on 1{anehoa Street. Both roadways have a right-of--way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that ICanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 20. Water: Water is provided by an existing 6-inch waterline that fronts the subject property. 21. Wastewater: There is no municipal sewer system in the area. According to the Department of Health, the property is situated within the Critical Wasewaur Disposal Area and therefore, the applicant would be required to dispose wasuwaur into a septic tank system. 22. utilities: Electrical and elephone service are or will be made available to the property. AGENCIES' COMMENTS 23. Department of Public Works (February 4, 1999 Memo): "We have reviewed the subject application and offer the following comments: 1. Building shall conform to all requirements of code and statues pertaining to building construction. 2. All development generated runoff shall be disposed of on site and shall not be directed towazd any adjacent properties. 3. All grading and grubbing activities shall comply wiffi Chapter 10 of the Hawaii County Code." 24. Police Department (February 1, 1999 Memo): "We have reviewed the above-referenced applications and do not believe the requests will negatively impact traffic or public safety." -4- 25. Fire Department (January 28, 1999 Memo): "We have no comments on the above-referenced:State Land Use Boundary Amendment and Change of Zone Applications." 26. Department of Land and Natural Resources -Land Division (February 10, 1999 Letter): "We have reviewed the subject application and have no comments to offer regrading this matter. Thank you for the opportunity to review this application." 27. Land Use Commission (January 29, 1999 Letter): "We have reviewed the applications for the subject project forwazded by your memorandum dated Januazy 25, 1999, and confirm that the subject pazcel is designated within the State Land Use Agricultural District. "We have no further wtnments to offer at this time. We appreciate the opportunity to comment on the subject application." 28. Department of Health (January"28, 1999 Memo): "The subject lots aze located in the Critical Wastewater Disposal Area where cesspools aze not allowed because of water pollution concerns. Any development of these lots would require all wastewater be disposed into a Septic Tank System." (See also Exhibit B - Applicant's Letter of Response dated February 12, 1999) 29. Department of Transportation -Honolulu (See Exhibit C -February 10, 1999 Letter and Attachment) AGENCIES - NO RESPONSE 30. Department of Finance -Real Property Tax, Department of Laud and Natural Resources -Historic Preservation Division, Department of Transportation -Hilo, Department of Agriculture, Natural Resources Soil Conservation, and HELCO PUBLIC COMMENTS 31. The Department has not received any comments or objections from the general public or adjacent landowners on the subject applications. -5- COUNTY OF HAWAII PLANNING DEPARTMENT - APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) ' APPLICANT• Willis C. Morri''s//s////~~ pp~~~~~ APPLICANT'S SIGNATURE: t~(/C/''~! C. MAILING ADDRESS: P.O. Box 1328 ~ Kamuela. Hawaii 96743 TELEPHONE: (BUS) 885-6161 (HOME) SA9-59b0 LANDOWNER: Wit t is Mo rJJ; G//s ~~yy LANDOWNER_'S SIGNATURE: J~~"`~ L TAX MAP KEY: (3) 6-2-11:05 LAND AREA: 5 5 acres ) A ricultural CURREN'P STATE LAND USE DISTRICT CLASSIFICATION: B REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing - and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of _ the property and proposed development, including but not limited to: _ a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. ~l~l~ E [ 0400q PD 2/26/87 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPAR'I`11~fENT (Type or legibly print the requested information) APPLICANT: Willis c. Morriss APPLICANT'S SIGNATURE: G• ~a~~"~-« DATE: ADDRESS: P.o. aox 1328 Kamuela, Hawaii 96743 1 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) ass-6161 (Res.) AA9-59fi0 (Fax) uA5_sxss LANDOWNER(S): Willis c. Morriss . LANDOWNER SIGNATURE(S): C• ~~~'`y~ DATE: s~9 (May be by letter) LANDOWNER(S) ADDRESS: P.o Box 1't28 Kamuela xawa; i 9fi74'i gEQ[JE$'I'; Agricultural 5-acre (A-Sa) TO Residential-p~;ci lrnrat ~-acre (uc-~~) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-11:05 1 ` STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.5 acres AGENT: Gregory R. Mooers Mooers Enterprises ADDRESS: P • 0. Box 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.) 885-6839 (Res.) 895-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: Morriss (See Instructions on Reverse Side) TaCl~^SEVT iericultural Rezoning PLANNING DEPARTMENT CO[JNTY OF HAWAII APPLICATION FOR CHA.*1GE OF 20NE 1. If your request is approved, do you intend to subdivide the subject yes land in accordance with the approved change 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? 5.5 acres b. Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? No If ves, please answer the following questions: On how manv 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? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application I form. Enclosed 2. If you have no firm plans of subdividing the subject area, do you intend co: 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 of lease the land to someone who has no plans? d. Keep it? e. Other (please state) °.D. 2 5/84 I= :•ou intend co do eit:-.er ~o, please e1a'ecrate _ of plans the other ^artc has. Please, a1sc, '_ac'_ude :our answer approximately ';;o•.: Boor. aster aporo,.~a1 0[ ~~our ._~on_ns .'o you expect to .ransfer cre ~u'c'ect land to_rother 3. Jo you think that your request and your further plans for tie land will alleviate the Local housing situation? Yes HOW? The proposed action will create two residential-agricultural lots in the highly desirable South Kohala district. 4. Are there any buildings on the subject area? ~o If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. i 6, Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. ~ericultural leases or other forms of assurance that potential buyers er leases would put the subject area into some form of aericultural use? Please state the proposed n~pe of arraneement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/ot drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? yes 9. what sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes \o a. Schools y b. Roads c. Sewer d. Drainage -3- }'mss e. ?olive Protection f. Fire Protection Recreational Facilities X h. ?ublic Ctilities i. Other For chose checked "yes," please elaborate what type or kinds of impcevements and/or assistance are needed. - Signature: ~Z C Address: P•D• Box 1328, Kamuela, Hawaii 96743 Telephone: 885-6161 Date: i ~S ~99 -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS, OWNER TAX MAP KEY (3) 6-2-11:05 Lot 5 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural tw~o- acre (RA-2a) zone. The subject property (5.5154 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:05 GENERAL INFORMATION 1. Willis C. Morriss is the fee ownert of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a a2.1098~ acre portion near the Kanehoa Drive and a 3.4056 acre parcel adjacent to the Kawaihae Road. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicant does not intend to improve the lots at this time. APPLICANT'S STATEMENT 7 In support of this application, the applicants have submitted the following (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9 The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.5154 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. _ 15. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists of well-drained stony very fine loams that fottned in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21 The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are turaUresidential in character with minima] agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. PUBLIC FACILITIES AND UT'II.TTIES 27 The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28 The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30 This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting H~ith the standards and requirements of the State Department of Health 31 The nearest police station is located seven miles east of the site in Waimea 3^_. The nearest fire station is located seven miles east of the site in yVaimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to t•he west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS TAX MAP KEY (3) 6-2-11:05 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries. (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and ' (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-IS-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1).All uses permitted under section 15-1>>-2~ relating to agricultural uses and those uses that are compatible within the agriculturai district, (2) Low-density residential uses with a minimum lot size of one-half acre - The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential densit}~, provided all other lots in the subdivision have the mirtimum lot size ofone-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to :anuary 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter ZOS, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: _ (a) Planning for the State's Socio-cultural advancement with regard to . housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this slate to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the commurity. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice • Develop better places to live in Hawaii Counn by creating viable convnunities with decent housine and suitable living environments for our people • Improve and maintain the qualit}' and affordability of the existin<_ housine stock. • Seek sufficient production of new affordable rental and fee-simp'te housine in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII-Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. - The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as deferred in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land front the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land qualiq conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active aericultural purposes Tttere is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classifi the subject propem in anv catesorv The Land Use Study Bureau's Overall ~Saster Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. EN~'IRON~IENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-.-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. ~IORRISS TAY MAP KEY (3) 6-2-11:05 A. SUBJECT REQUEST: The applicant is proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.5154 acres and will be subdivided to create two lots, 2.1098 acres and 3.4056 acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. I. The applicant believes the approval of the reclassification from the State Land _ Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of no[ less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district. and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shal] include the following activities: (1)All uses permitted under section I5-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance maybe processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more titan one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification :[coon would also conform to [Ite following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cul[ural advancement -Dousing objectives and policies: (a) Planning for the State's socio-cultural advancement ~~~ith retard to housing shall be directed towards acltievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 3. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity ofsocio-economic housing mix throughout the different parts of the County. • maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII.Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed _ • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessan land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations Standards and criteria for the establishment of these areas shall be developed The Land Use Pattern Allocation Guide (LL'P.-~Gl \tap componen[ of the General Plan is a representation of tl~e document's coals, policies, standards and courses' of action. It is also a graphic depiction of the physical relationship between the various land uses. The LLd?AG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the Genera] Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major andior commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is pan of the Anel:noa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996. this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-5ve of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State La»d Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENV'IRON'MENTAL SETTING OF TAE PROPERTI' AND SURROUNDING AREA: 1 The property is a 5.5154 acre parcel located on the north side of l:anehoa Drive approximately one-quaver of a mile south of I:awaihae Road. 2 The property is located six miles east of the ocean The site is undeveloped and is barren except for a few grasses and ~~eeds. see the attached plant list. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5 There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findines attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. iVlajor damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. l0 The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 3 S inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 1^_ The Land Studv Bureau Overall Productivity for this area is "E", Very Poor. li The Armv Corps of Engineer's Flood Insurance Rate Map (F1RM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surroundine properties are located in the State's Agricultural District and in the Countys Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16 The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. ] 7 Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. 1 S A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department ofV1'ater Supply. 3 Electrical, telephone and cable service are provided to the project site via the _ underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. Al] lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment s}•stem meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6 The nearest fire station is located seven miles east of the site in Waimea 7 The nearest public recreation facility is `v'<'aimea Park and Anuenue Plaveround located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site Spencer Beach Park is located six miles west of the si[e. S Public schools (six miles east) and private schools (4 miles east) provide educational services to the area E. E\'VTRONMENTAL ASSESSlIENT :lND .AYAL!'SIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturin~_ of cattle in the past 3 Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5 The parcel does not appear prone to flooding and is classified as Zone "X' by the federal FIRM maps. 6. Any short term generation of noise and dust durins construction will be offset by the long tet~rr enhancement to the area in keeping with the character of the surrounding area and land uses. 7 Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and a'v pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considerin¢ the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this _ parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new ' demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-11:05 LOT 5 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Parini Opuntia tuna cactus Bothriochloa babinodis Buffle Brass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera aril Indieo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava 1 eM"rr~oi.~rny-viam~ COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND FPORT WILLIS C. MORRISS STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-001) CHANGE OF ZONE PP .I ATION F 99-0011 WII.LIS C. MORRISS has submitted Applications for a State Land Use Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.51 ± acres of land. The property is located within Anekona Estates Subdivision between Kawaihae Road and Kanehoa Drive approximately 1,077 feet east of the Kawaihae Road-Anekona Street intersection and across the 64 mile mazker, Ouli, South Kohala, Hawaii, TMK: 6-2-11:5. GENERAi INFORMATION 1. Land Ownership: Willis C. Morriss is the fee owner of the subject property. PROPOSID DEVELOPMENT 2. Request: The applicant is proposing to change the existing Agricultural land use designation to Rural and changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.5154 acres of land. 3. Objectives: "The applicant is proposing to create a two lot subdivision using a 2.1098 acre portion neaz the Kanehoa Drive and a 3.4056 acre pazcel adjacent to the Kawaihae Road. "The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. "Both of these lots aze presently undeveloped." 4. Supportive Information: The applicants have submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications dated January 5, 1999) ATTACH. C-198 ( BILLS 5i} & 55 ) STATE CO TNTY P N 5. SLU: Agricultural. 6. Iiawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and wurses of action for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa) under the present Zoning Code. However, prior to the adoption of the December 7, 1996 Zoning Code, the subject pazcel was zoned Unplanned. 10. SMA: The property is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDIN ARFA 11. Property: The subject property has a total azea of 5.5154 acres. The property is rectangulaz shaped, and is located within the Anekona Estates Subdivision, a 36-lot subdivision. 12. Surrounding Zoning/Land Uses: Surrounding lands aze located within the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There aze approximately 25 lots that aze encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In July 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a fora 5.00 -2- acre pazcel in the Kanehoa Estates Subdivision. Two other similaz applications within the Anekona Estates Subdivision aze now pending before the County Council. Similaz land use changes were also approved in October 1996 for two 5-acre pazcels within the I{amuela Plantations Subdivision. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property aze classified as "E" (Very Poor). 15. U.S. Soil Survey: The soils aze classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20°rb slopes. This surface layer is very dazk brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dazk, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazazd is moderate. These soils aze used for pasture. 16. FIRM: The subject property is located within Zone X, azea determined to be outside the 500-yeaz flood plain. 17. Flora/Fauna Resources: According to the applicants' environmental report, the natural vegetation occurring on the property consists of Ilima and Parini. No native fauna was observed on the site. Common animal species in the azea include field mice and mongoose. There aze no known or recorded raze or endangered animal or plant life in the azea. 18. Archaeological Resources: According to the applicants' environmental report, no historic or azchaeological sites were present on the pazcel. The property has been previously grazed by cattle. Therefore, the proposed action will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any azchaeological sites be encountered during the course of -3- development. PUB IC 1TR ITIES SERVI 4 19. Accessc The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on ICanehoa Street. Both roadways have a right-of--way width of 50 feet with a 20-foot agricultural standazd pavement. It should be pointed out that I{anehoa Street is a connector road into the adjacent Kanehoa Subdivision. 20. Water: Water is provided by an existing 6-inch waterline that fronts the subject property. 21. Wastewater: There is no municipal sewer system in the azea. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. 22. Utilities: Electrical and telephone service aze or will be made available to the property. AGENCIES' COMMENTS 23. Department of Public Works (February 4, 1999 Memo): "We have reviewed the subject application and offer the following comments: 1. Building shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on site and shall not be directed towazd any adjacent properties. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code." 24. Police Department (February 1, 1999 Memo): "We have reviewed the above-referenced applications and do not believe the requests will negatively impact traffic or public safety." -4- 25. Fire Department (January 28, 1999 Memo): "We have no comments on the above-referencedtate Land Use Boundary Amendment and Chi<nge of Zone Applications." 26. Department of Land and Natural Resources -Land Division (February 10, 1999 Letter): "We have reviewed the subject application and have no comments to offer regrading this matter. Thank you for the opportunity to review this application." 27. Land Use Commission (January 29, 1999 Letter): "We have reviewed the applications for the subject project forwarded by your memorandum dated January 25, 1999, and wnfirm that the subject parcel is designated within the State Land Use Agricultural District. "We have no further wmments to offer at this time. We appreciate the opportunity to comment on the subject application." 28. Department of Health (January 28, 1999 Memo): "The subject lots aze located in the Critical Wastewater Disposal Area where cesspools aze not allowed because of water pollution concerns. Any development of these lots would require all wastewater be disposed into a Septic Tank System." (See also Exhibit B -Applicant's Letter of Response dated February 12, 1999) 29. Department of Transportation -Honolulu (See Exhibit C -February 10, 1999 Letter and Attachment) AGENCIES - NO RESPONSE 30. Department of Finance -Real Property Tax, Department of Land and Natural Resources -Historic Preservation Division, Department of Transportation -Hilo, Department of Agriculture, Natural Resources Soil Conservation, and HELCO PUBLIC COMMENTS 31. The Department has not received any comments or objections from the general public or adjacent landowners on the subject applications. -5- } 1 COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) ~ APPLICANT• Willis C. Morris/s//~ pp~ APPLICANT'S SIGNATURE: ~~C/(/~~~! C~ MAILING ADDRESS: p,0. Box 1328 Kamuela, Hawaii 96743 , TELEPHONE: (BUS) 885-6161 (HOME) 889-5960 LANDOWNER: Willis C. Morris//s oo~~ ~ ' LANDOWNER_'S SIGNATURE: /W~`~ C TAX MAP KEY: (3) 6-2-11:05 LAND AREA: 5.5 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of - the property and proposed development, including but not limited to: _ a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q PD 2/26/87 A CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT ' (Type or legibly print the requested information) APPLICANT: Willis C. Morriss • APPLICANT'S SIGNATURE: r~~ is~`>9'~~ DATE: ADDRESS: P • 0. Box 1328 Kamuela, Hawaii 96743 i ) LIST APPLICANT'S INTEREST IF NOT OWNER: Oc,'ner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) ass-6161 (Res.) ssg-SgFn (Fax) aRS_sxss i LANDOWNER(S): Willis C. Morriss LANDOWNER SIGNATURE(S): ~!1%~~ C• DATE: s~9 (May be by letter) LANDOWNER(S) ADDRESS: P.o. Box 1328. Kamuela. Hawa;; efi74~ REQUEST: Agricultural 5-acre (A-Sa) TO Residential-A~;o„lrnral 7-arra (ua-~~) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 6-2-11:05 1 STREET ADDRESS OF PROPERTY: 1 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.5 arras 3 AGENT: Gregory R. Mooers, Mooers Enterprises _ ADDRESS: p•o. sox llol Kamuela, Hawaii 96743 TELEPHONE:(Bus.) 885-6839 (Res,) 885-7126 (Fax) sas-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: Morriss (See Instructions on Reverse Side) .~TTACI-L~IENT agricultural Rezoning ,PLANNING DEPARTMENT COUNTY OF H.4SJAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If Yes, please answer the rest of question 1 and then to question 3. a. How many acres of [he requested area do you intend to subdivide? 5.5 acres b. Into what lot sizes? 2+ acres t c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans - [o the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? No If Yes, 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? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application ~ form. Enclosed 2. If you have no firm plans of subdividing the subject area, do you • intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land [o someone who has no plans? - d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes " How? The proposed action will create two residential-agricultural lots # in the highly desirable South Kohala district. 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 agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No - If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? - -2- . d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed eype of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? y~ 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X _3_ 5'es :~o e. Police Protection X f. Fice Protection X g. Recreational Facilities X h. Public Utilities x i. Ocher For chose checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. ~~C~l~~ - Signature: Address: P.O. Box 1328, Kamuela, Hawaii 96743 Telephone: 885-6161 Date: ~,5~99 _ '4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS, OWNER TAX MAP KEY (3) 6-2-11:05 Lot 5 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- . acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two- acre (RA-2a) zone. The subject property (5.5154 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile mazker in Ouli, South Kohala, Hawaii TMK: 6-2-11:05 GENERAL INFORMATION 1. Willis C. Morriss is the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a 42.1098r acre portion near the Kanehoa Drive and a 3.4056 acre parcel adjacent to the Kawaihae Road. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicant does not intend to improve the lots at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattetn Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.5154 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. _ 15. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be - of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoffis medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots _ have added residential units through the ohana process. PUBLIC FACILITIES AND UTILTTIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. i APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS - TAX MAP KEY (3) 6-2-11:05 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and ~ (3) Generally, parcels of land not more than five acres; provided it may include • other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-] 5-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. _ The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are - compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section ZOS-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably - priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. ' • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. t • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. _ • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII.Y RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. - The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rura] boundary request also _ conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surcounding properties and permissible uses. _ 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferced process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii E?ectric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. E;\'VIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RtJRAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS TAX MAP KEY (3) 6-2-11:05 A. SUBJECT REQUEST: The applicant is proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.5154 acres and will be subdivided to create two lots, 2.1098 acres and 3.4056 acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when deternuning an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards ac}uevement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regard}ess of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationslup between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or cormercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anel:noa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passaee of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF TAE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.5154 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. _ 2. The property is located six miles east of the ocean. 3. The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. S. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 3S inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 3 S inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. Tlie reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. ] 3. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. , 14. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-5a, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. I5. There is a small parcel that is located within the State Land LJse Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANAL!'SIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this _ parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified tior the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-11:05 " LOT 5 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Bufrle grass Pennisetum sataceum .Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera aril Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava .3L Il 4i 1 YII~~Q ~~a.~.i iiC 4_ y~ _ W fir. ~r _ f~. V'~' I ~S. {i"` ,N ~'r Via,. haw '.1~~~ ice. . ~l ~ i1 aY'~'.. jj~ ''r ~ ' fw 'i'~. }•,1 Vii' 9' ' ~a~Y.,,,. t3. M r . ~.r View looking north showing the grasslands and neighboring properties. r~ ~ q, _ r. - 'j _ ,'i~: View looking south showing neighboring properties. SI'F'T L'L~I®~'C?G~Pir~S L.x,. ..5 ~MSr'^ _ _ < Lr~3. n .~a t,_. . a r ..I~IS<` ie.._. - y v.4 v<•'q~*~ Vii. . i _~Jy.vIyi ` I . ~ f . s: u':Y you( i + N ~s fl w ':'?Y~Kl~A' ~ , N . ' tea.` f;~ y.. ~ ~ r~~ ~Jl,~{V~ S ~ f JW sY w t ~ .1 ~ ~yy yyyy~~'~~y~~e{lam//tt t a[ f i s. . ~ ~ f I f 4 J I' f T'°p(~: <s'~ v!)rtv~_ 1~ t5 ~ s, fi t ~'.f ~ Yap r.'~ ',7, .~i~C'~+.~ ~ ~~r`. i ~ ~,ir. ,y,,. r~ i t ' ylti S}~y f Vu'ffN > i ~e i- o: X yl~l y/ ~s +r3J' s 'f ~,~j' jj~pppr~ ~t x 1 r' ~r~~ ~ r[.YTRP~" I{+ -p it ~~~i~47~ +f4~RY~aF J~1Ef~~'"i v~l 1~ ~~((j~+j~=yi~~ ~ ~ti ~Y1 SS I r krR` ~ ~ A t~ ~ t•'~t t ~ ti~gy~ • ~1L~u.~1i~`.E~ lyfF il~ f`. ~~w'}:g11 .r. af~i.: View looking south-west showing the grasslands and neighboring properties. ' . ~f ~ 4. y'J" /i ~ 5 -0~ t ^ /i h .Y View looking east showing Kanehoa Drive fronting the property. i _ z _a - mt ~ ~ , et t ti~ ornY o" , ~ 22 p . 2 30 .QO Ir jj~ fl o ~ 4~ o~i m rn~ ~S2 e°"~ O ~j?. ~~Q O c ~ j0 mhV OJ ¢o U i 4^Q ? p 2 Q a i C c a l,.., .n. , , u.n xnns, v.... ~ ~jeid' 1{X161 ! . ! ~1~~ (rr r ww »v r r v J m(w nrvvx - rrnwr [ It [ i ' F ! i ?B i ~ . ! a ~ v' 1 7 CE~~ ',c e Y ~ J J 1 n ~ Y . ~4 ge ~ ~ ~ a , 't a u '~f~ i ~ Ei ~ 7 y ~,El~ _ j~ ~ l~{ ( iii 'I 4, , 4L51-588 (908) :XVj 6£89-588 (808) :3NOHd 8~y~40 1181HX3 as:I~I~ ivap!saJd ~sJ~a/ooyq •g aJaJ V~ `,CIaJ u!S ~suollEOgddE asayl of uo!1ua11E 3dwoJd Jno~i Jo3 no~C Jl11Ey~ '6£89-588 lE aw laEiuoa as8ald `pannbaJ s! uo!lEUtJO311! IEUO!i!ppE31 Jo `suo!isanb ,CuE anEy~Els no,t Jo no~i3I 'JalEMaiSEM 3p IESOdSIp ayl Jo3 wais,is xuEl o!idas E;o asn ayi Jo;luawaJmbaJ s!yi yl!M ,ildwoo of aaJ;TE aM puE 1uEagddE ayl yilM siuawwoa asayl paMa!naJ anEy I ~anogE pagliuap! suo!lEayddE ayl 03 8u!u!EUad yllEaH3o luawuEdaQ ayi woJ; siuaunuoo ayi aw of pa~nusuEJl `6661 `8 ~CJEnJga33o Jaual moA walsplo~ ~sy~ JEaQ SO~II-Z-9 :.fax dey~ TE,L sswoy~ slpl,~ :Tueagdd~ ~EZ-VZI) IEan;Ina!~5~,-IElTuaplsag oT (eS-d) lemilna!~S~ :;sanbag ~T00-66 uo!1Ealldd~ auoZ,{o aBuey~ Z~i'n~ oT IE1nTlna?~~d :Tsanbag ~TUO$611'IS) uollEalldd~ luawpvaw~ ,f~Epunog asn puE~ aaEig :ag OZL96 !IEMEH `ol!II 1aaJiS !undn~ SZ nEMEH3o ,iiuno~ ~ luawuedaQ 8u!uuEld ' JolaanQ malsplo~ E!u!8nA ~syq 0 6661 `ZI tiEnJga3 £bL96 nvMVH `v-13nwvN l O l { xoe 'O'd S3SRdd2i31N3 S2i300W BEP IP MIN J. CAVETANO GOVERNOR to w~ KAZU HAVASHIDA Q' eee ~ % DIRECTOR ~ DEPUTY DIRECTORS ' BRIAN K. MINAAI 5 ~ GLENN M. OKIMOTO STATE OF HAWAII IN REPLV REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 968135097 2.2594 fEB I 0 1999 Ms. Virginia Goldstein Director Planning Department _ County of Hawaii - 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 ,ti ~j Deaz Ms. Goldstein: Subject: State Land Use Boundary Amendment Application (SLU 99-001) Request: Agricultural to Rural Change of Zone Application (REZ 99-001) Request: A-Sato RA-2a Applicant: Willis Morriss Tax Map Key: 6-2-11:5 Thank you for your transmittal of January 25, 1999, requesting our review and comments on the subject application. The comments mentioned in our letter of September 1?, 1998 (NWY-PS 2.0877) are still valid and applicable to the subject application. Very truly yours, KAZU HAYASHIDA Director of Transportation Enclosure EXHIBIT ~QZ,;~s :Ei __t. , fLt.:,nlr:, HWY-PS cEp ~ - Igog 2.0877 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Deaz Ms. Goldstein: Subject: State Land Use Boundazy Amendment Application (SLU 98-3) Request: Agricultural to Rural Change of Zone Application (RFiZ 98-14) Request: A-Sato RA-2a Applicant: Henry Clinton Williams and William R. Sanford Tax Map Key: 6-2-I 1:22 We are revising our attached comments of July 1, 1998 to read as follows: The proposed 2-]ot subdivision by itself should not result in any significant impacts on our State highway facilities. However, we view the application as a precedent leading to greater housing density and vehiculaz traffic. If more of these 2-lot subdivisions aze permitted, their cumulative effects will result in increased traffic and safety impacts at the intersections of our Waimea-Kawaihae Road with Anekona and Kanehoa Streets. We understand that you are awaze of this problem and aze presently investigating the possibility of having all of the subdivision owners share the costs of any needed highway improvements (chazmelizing and illuminating the intersections). Ms. Virginia Goldstein HWY-PS 2.0877 Page 2 SIP ~ - 1998 For further help in determining the needed improvements, please contact our District Office in Hilo. Very truly yours, KAZiYHAYASHIDA Director of Transportation Enclosure MOOERS ENTERPRISES ' P.O. BoX 1 t O 1 i FCwMUeu?, Hww,vl 96743 , FILE COPY ' DD NOT REMOVE STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural _ CHANGE OF ZONE APPLICATION Agricultural 5-acre, Previously Unplanned to Residential Agricultural 2-acre Willis C. Morriss TMK: (3) 6-2-11:05 Anekona Estates Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises January 5, 1999 PHONE: (808) 8856839 Fw1C (808) 885-1574 ' ~ Cu~u GMl1f1CRC®IRM NF'f COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Willis C. Morris/s//~ pp~ ~j~ APPLICANT'S SIGNATURE: ~~Z/!/~'w`~~! C- ''~'~~1 MAILING ADDRESS: P.0. Box 1328 Kamuela. Hawaii 96743 TELEPHONE: (BUS) 885-6161 (HOME) 889-5960 LANDOWNER: W ll;c c Morricc LANDOWNER'S SIGNATURE: /W~ C + TAX MAP KEY: (3) 6-2-11:05 LAND AREA: 5.5 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documentss and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q PD 2/26/87 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT ' (Type or legibly print the requested information) APPLICANT: Willis C.M,or/ri/ss APPLICANT'S SIGNATURE: G• DATE: ADDRESS: P•o. Box 1328 Kamuela, Hawaii 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 8ES-6161 (Res.) ssg-sg6n (Fax) RRS_~sc LANDOWNER(S): Willis c. Morriss LANDOWNER SIGNATURE(S): C• DATE: s 9 (May be by letter) LANDOWNER(S) ADDRESS: P.o. sox 1328. Kamuela. Hawait 96763 I~QjJE$'I': AKricultural 5-acre (A-Sa) TO Residential-AQric„ltnrai 7_arro (un_~,) (Existing caning) (Proposed Zoning) T,eJ{ ]ytAp I{Ey: (3) 6-2-11 :OS STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5. S a~rPs AGENT: Gregory R. Mooers Mooers Enterprises ADDRESS: P • 0. Box 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.) 885-6839 (R,~,) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: Morriss (See Instructions on Reverse Side) ATTac~NT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject yes land in accordance with the approved change of zone? If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.5 acres b. Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? No If yes, 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? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create twa residential-agricultural lots in the highly desirable South Kohala district. 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 agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subjec[ area and present evidence of consideration of the above requirements together with your request for a change of zone. IE you do not intend to subdivlde 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? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? yec 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X c. Sewer X d. Drainage X -3- Yes So e. Police Protection X f. Fire Protection X g. Recreational Facilities x h. Public Utilities x i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: d~"' ~~'~1 C'(~~ ice' Address: P.O. Box 1328, Kamuela, Hawaii 96743 Telephone: 885-6161 Date: ~~5~99 -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS, OWNER TAX MAP KEY (3) 6-2-11:05 Lot 5 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two- acre (RA-2a) zone. The subject property (5.5154 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:05 GENERAL INFORMATION 1. Willis C. Morriss is the fee ownery of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a~2.1098Aacre portion near the Kanehoa Drive and a 3.4056 acre parcel adjacent to the Kawaihae Road. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicant does not intend to improve the lots at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.5154 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no azchaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the pazcel, nor did the records in the Planning Depaztment disclose any significant findings attributable to the subject property. 15. Common animal species in the area include field mice and mongoose. There is no known or recorded raze or endangered animal or plant Gfe in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists of well-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They aze on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leewazd side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoffis medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this azea is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties aze located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The OuG subdivision, A-la, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate azea are ruraVresidential in character with minimal agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. PUBLIC FACILITIES AND UTILTI'IES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS TAX MAP KEY (3) fi-2-11:05 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (I) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance maybe processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the pohcy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawau County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII,Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standazds and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the 1ZA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses chazacterized by low density residential lots in rural azeas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. S. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: WILLIS C. MORRISS TAX MAP KEY (3) 6-2-11:05 A. SUBJECT REQUEST: The applicant is proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that aze not presently allowed in the State agricultural district. The lot is 5.5154 acres and will be subdivided to create two lots, 2.1098 acres and 3.4056 acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the azeas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in azeas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3)~Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and aze not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "faun dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), H1tS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deflciencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the azea for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the azea is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anelmoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to azeas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawauan Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIIiONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.5154 acre parcel located on the north side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded raze or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than ]0%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most azeas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 1 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided k ' through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-11:05 LOT 5 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Bu>Ile grass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava SITE PHOTOGRAPHS - - _ - - - ~ , 4, 1 ~3 R\ ~,y~.~~~;~~tiz. View looking north showing the grasslands and neighboring properties. s;_ View looking south showing neighboring properties. SITE PHOTOGRAPHS :,c.~ . ~ ,r ~ - _h "a,~,.. k' ~ N -I, .ny~ ~'1' "~'r. ,~K. i . fi y View looking south-west showing the grasslands and neighboring properties. View looting east showing Kanehoa Drive fronting the property. 01 w//F° `l~ ~G'•i O It /1 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o`~~i 25 AUPU NI STREET HILO, HAWAII 96720 °~xlwgl. TELEPHONE (BOB) 961-8660 FAX (BOB) 961-8657 March 4, 1999 T0: Planning Department FROM: Milton D. Pavao, Manager ,'r> SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-001) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 99-001) REQUEST: A-5a TO RA-2a APPLICANT: WILLIS C. MORRISS TAX MAP KEY: 6-2-011:005 We have reviewed the subject applications. Based on the prevailing water situation in the area, water can be made available from an existing 6-inch waterline along Kanehoa Street fronting the property. Each of the two parcels shall be limited to one 5/8-inch meter. A 5/8-inch meter has a maximum daily restriction of 600 gallons per day. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one additional unit requested in the proposed 2-unit development, the required water commitment deposit is 5150.00. Remittance by the applicant of the 5150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. For the applicant's information, should the subject change of zone be approved and subdivision application executed, final approval will be subject to compliance with the following requirements: UVaf¢r brinad nroar¢ee... Planning Department Page 2 March 4, 1999 1. Construct a service lateral that will accommodate a 5/8-inch sized meter to the new lot. Submit construction plans and design calculations prepared by a professional engineer registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge, which is subject to change. of 53.375.00. This is due and payable upon completion of the service lateral and prior to final subdivision approval be granted. If you have any questions regarding these comments and request. please contact our Water Resources and Planning Branch at 961-8660. ~ Milt n D. Pavao, P.E. C Man ger BCM:gms copy - (w/att.) Mr. Willis C. Morriss (w/o att.) Mooers Enterprises p'~~^c _ s BENJAMIN J. CAYETANO t 1 TIMOTNY E. JONNt. DNAIRP61tON GOVERNOR OF HAWAII /1 BOARD OF LAND AND NATURAL RESOURCES eYN DEPUTIES JANET E. KAWELO ~~4 •s f¢` STATE OF HAWAII ApUATIC RESOURCES BOATING AND OCEAN RFCRFATION , CONSFRVATION AND RESOURCES DEPARTMENT OF LANG AND NATURAL RESOURCES ENFORCEMENT CONVEYANCES HISTORIC PRESERVATION DIVISION FORESTRY AND WILDLIFE Kakuhihewe Builtlinp, Room 555 HISTORIC PRESERVATION 601 Kemokile Boulevard LAND Februa ~4, 1999 Kepdai, Neweii 96]0] STATE PARKS ~ ~ WATER RESOURCE MANAGEMENT Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 LOG NO: 22850 ~ DOC NO: 9902PM03 Dee: Ms. Goldstein: SUBJECT: State Land Use Boundary Amendment Application (SLU 99-001) Request: Agricultural to Rural Change of Zone Application (REZ 99-001) Request: A-Sa to RA-2a Applicant: Willis Morriss Ouli, South Kohala, Hawaii Island _ TMK:6-2-11:5 This is in reply to your letter of January 25, 1999, with a request for our comments on the above referenced applications. We appreciate the opportunity to review and comment on applications such as these. We have no records of historic sites on the subject parcel, which to our knowledge has not been surveyed for archaeological sites, however. The application states that there is no evidence of historic sites on the 5.5 acre parcel and that none would be expected because of its previous use for cattle grazing. We suspect the number of historic sites on the property is probably low, not because of previous cattle grazing, but because of the environmental setting. However, sites may well be present, therefore, the property should be surveyed to determine the presence/absence of historic sites. We would like to suggest that the applicant conduct a reconnaissance survey. if you should have any questions abom our com,uencs please wntact Patrick ivicCoy (692-8029). Aloha, DON HIBBARD, Administrator State Historic Preservation Division PM:jk Z m.~C ~ ~ I w m y ~ tiW ~Y h 00 ~1 ~~i 4e g G O ~\1 ~ Q 2oW ,o;~ Q Yo 17 !i 4'~~ 4 2 30 o i s 't* ppp ~~`i O ¢ o Q o e~ Ee~~3 X22 4Uy h O= a I ,..I 0 0 \ W ahW o~E ~ ~o I, ~O¢ O 0ry~ O Qo U a^ 3 aQ a Q o o I Ite., , , ,i.n SLUN a~vn OV.~ ~ Y3'~~~~ ii ~j~ic (J-11 NYN YM' 'tl Y l J 0\CW Y3M1IYM - Tf!/YMW. { I ! n_ I t e i ~ g ~ ii i a «\w c ~ , , u ~ 1~~~ i ,I ~ ~G ' ~ \1 I I 5 ~ ~ ,i ~i ! 1 ~ lji \ a ~ ~ !i° I I -i I \ i+{ f! F ~1 d~ i ~ M N ~i g~ i rr RCND LOT "B" "r a ~ ~ wNSrr - mm e~, ~ ~ ~ ~g ~ e~ „ i e =R I ~ ~ i owae , ~ ~ Rk~ t a ~ 6 1 ( r a ~ ~ I !!r© ~ _ ~ t ~ r C > ~ I z ~ y 'hr n ~ ~ C n i Z 1111 a ~ of ~ /n ~ ~ I a T ~ ~ N y f C ,r n N r i a ~6 ~m ~ 9 6 WJ KAW.VHA£ - W,IfAIfA A'610 (F. A P. ND. 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