HomeMy WebLinkAboutCOM 0616.000 2014-2016 �tY Oi
' ' Walter K.M.Lau
Managing Director
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William P.Kenoi • -�.
Mayor _
Randall M.Kurohara
•r Deputy Managing Director
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County of Hawaii
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740
(808)323-4444 • Fax(808)323-4440
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December 4, 2015 1
co
Dru Kanuha, Council Chair N __
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Members:
SUBJECT: State Land Use Boundary Amendment(SLU 15-000044)
Request: Agricultural to Rural
Change of Zone (REZ 15-000195)
Request: A-5a to RA-2a
Applicant: Kurt Shively and Jason Shively
Tax Mau Key: 6-2-009:013
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for
the County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
�— William P. Kenoi
Mayor
Enclosures
cc: Planning Department
T.S1\\3 \ O At' \ `
Comm. No. (C I O
Ref. To: L
Ref. Dote DECZ 8 2015
County of Hawaii is an Equal Opportunity Provider and Employer.
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County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
DEC 4 2015
Dru Kanuha, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Council Members:
SUBJECT: State Land Use Boundary Amendment(SLU 15-000044)
Request: Agricultural to Rural
Change of Zone(REZ 15-000195)
Request: A-5a to RA-2a
Applicant: Kurt Shively and Jason Shively
Tax Map Key: 6-2-009:013
The Leeward Planning Commission, at its duly held public hearing on November 19, 2015, voted
to recommend for your approval the proposed legislative bills to change the State Land Use
district from an Agricultural to a Rural district and a Change of Zone from an Agricultural-5
acres (A-5a)to a Residential and Agricultural-2 acres (RA-2a) zoning district for 5.497 acres of
land. The properties are located in the Kanehoa Subdivision, on the north side of Kawaihae
Road in the vicinity of the 62 mile marker at `Ouli, South Kohala, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
State Land Use Boundary Amendment
The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to a Rural district in order to subdivide the property into two lots. The
Hawai`i County is an Equal Opportunity Provider and Employer
Dru Kanuha, Council Chair
and Members of the County Council
Page 2
applicant is also requesting a concurrent Change of Zone from Agricultural 5-acre(A-5a)
to Residential and Agricultural-2 acre(RA-2a) for the 5.497 acre subject property.
The approval of the reclassification from the State Land Use Agricultural to
the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii
Revised Statutes,nor will it be inconsistent with the Land Use Commission Rules,
Rule 13 of the Planning Commission Rules of Practice and Procedures,the County
General Plan and the Hawaii State Plan. According to the Hawai`i 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 area;
(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.
The property was created on April 29, 1985 as one of 27 lots in the Kanehoa
Estates Subdivision. Surrounding lands are located within the State's Agricultural and
Rural Districts and the County's A-5a and RA-2a zoned districts. The Anekona Estates
Subdivision is located immediately to the west(makai) of the Kanehoa Estates
Subdivision. The Kamuela Plantations Subdivision is located to the east. These
subdivisions include mixed residential and small farm uses as well as vacant lands.
Finally, there is a vacant 1,962-acre parcel to the north across Kawaihae Road which is
zoned A-40a. These subdivisions include primarily residential uses with some
agricultural uses and vacant lands. From 1998 to 2006, the County Council approved 32
similar requests for State Land Use Boundary Amendments from the Agricultural to the
Rural districts, and Change of Zones from A-5a to RA-2a in the Kanehoa Estates
Subdivision and adjacent Anekona Estates Subdivision.
Dru Kanuha, Council Chair
and Members of the County Council
Page 3
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
permissible uses within the Rural district. This states: "(a) Permissible uses within
the rural district shall include the following activities: (1) All uses permitted under
section 15-15-25 relating to agricultural uses and those uses that are compatible within
the agricultural district; (2) Low-density residential uses with a minimum lot size of one-
half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..."
The proposed boundary amendment from the Agricultural to Rural district is
necessary in order for the applicant to subdivide its property into two lots of 2.858 and
2.64 acres in size. The minimum lot size in the State's Agricultural district is 1 acre
whereas the minimum lot size in the State's Rural district is one-half acre. The applicant
has stated that the 5.497 acre parcel will be subdivided into two residential/agricultural
lots.
According to HRS 205-3.5, Reclassification of land contiguous to an agricultural
district; approval conditions:
a) Any decision approving a petition for a boundary amendment pursuant to this
chapter where lands in the petition area are contiguous or adjacent to lands in the
agricultural district, shall include the following conditions in the decision granting
approval:
(1) A prohibition on any action that would interfere with or restrain farming
operations; provided the farming operations are conducted in a manner
consistent with generally accepted agricultural and management practices
on adjacent or contiguous lands in the agricultural district; and
(2) Notification to all prospective developers or purchasers of land or interest
in land in the petition area and subsequent notification to lessees or tenants
of the land, that farming operations and practices on adjacent or
contiguous land in the agricultural district are protected under chapter 165,
the Hawaii right to farm act, and that the notice shall be included in any
disclosure required for the sale or transfer of real property or any interest
in real property.
As the subject property is adjacent on all sides to parcels located in the State Land
Use Agricultural District, the above will be added as conditions of approval.
Dru Kanuha, Council Chair
and Members of the County Council
Page 4
Based on the foregoing, the requested boundary amendment and subsequent
subdivision would be consistent with the permissible uses of the Rural district.
The proposed Rural boundary amendment request would be consistent with,
among others,the Land Use(Single Family Residential)policies of the General Plan:
• Rural-style residential-agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be
encouraged in appropriate locations.
• Review and amend land use ordinances and codes to include considerations
for rural-style residential subdivisions in appropriate locations. Standards and
criteria for the establishment of these areas shall be developed.
The proposed Rural boundary amendment request also conforms to the
General Plan Land Use Pattern Allocation Guide (LUPAG)Map which designates
the area as Rural. The General Plan's Rural designation includes existing subdivisions
in the State Land Use Agricultural and Rural districts that have a significant residential
component. The Kanehoa Estates Subdivision, as well as adjacent subdivisions, includes
a mix of rural-residential and limited agricultural activities. This boundary request would
allow a rural development for residential-agricultural uses that will complement the
existing and future residential-agricultural land use patterns of the immediate vicinity.
While the property is within the State Land Use Agricultural and County's Agricultural
(A-5a) zoned districts, the property is developed and not currently being used for active
agricultural purposes. The property is unclassified by the Agricultural Lands of
Importance to the State of Hawai`i (ALISH) System. Soils within the property are
classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau.
While the potential for agricultural uses may exist,the soil conditions within the property
and surrounding area would make it difficult for sustained agricultural activities from
being conducted on the site. Based on the above findings, the granting of the Rural
boundary amendment would complement and implement the General Plan.
All utilities and services are available to the property, which are essential to
accommodate rural development. Access to the site is from 'Ouli Street, a private
roadway with a 50-foot right-of-way with 16 feet of asphalt paving and grass swales.
Both proposed lots will have direct access off of`Ouli Street. According to the
Department of Water Supply(DWS), County water is available to the property via a 5/8-
inch meter which is adequate for one dwelling at an average daily usage of 600 gallons.
Dru Kanuha, Council Chair
and Members of the County Council
Page 5
A second water meter can be made available to the proposed lot. The applicant
will be responsible for facilities charges as well as installing a service lateral to supply the
new meter. If required by DWS, the applicant will be responsible for conveying
improvements to the water board prior to granting of water meter services. The proposed
lot will utilize an individual wastewater treatment system meeting with the approval of
the Department of Health. Solid waste will be disposed of at the Waimea transfer station.
The subject property is in Zone "X", which is an area determined by FEMA to be outside
the 500-year flood plain. All development-generated storm runoff will be disposed of on
site and not allowed onto adjacent properties or roadways. Police, fire, and emergency
services are available nearby in Waimea. All essential utilities are available to the project
site. Thus, all essential infrastructure is available to support he requested boundary
amendment to the Rural district.
Finally,the boundary amendment would conform to the following goals,
objectives and/or policies articulated in the Hawaii State Plan relating to Socio-
cultural advancement- Housing objectives and policies:
(a) Planning for the State's socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawai`i'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 Hawai`i'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.
Dru Kanuha, Council Chair
and Members of the County Council
Page 6
(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 Hawai`i through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Based on the above, the approval of the State Land Use Boundary Amendment from the
Agricultural to the Rural District complements the State Land Use Regulations and is supportive
of the State of Hawai`i Plan and the County of Hawai`i General Plan.
The accompanying draft bill to amend the State Land Use Boundaries Map is provided
for your favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
Chance of Zone
The applicants request a Change of Zone from A-5a to RA-2a to subdivide the
property into two lots approximately 2.858 and 2.64 acres in size. There is currently a
farm dwelling on the northern portion of the property which was constructed in 2014.
Upon approval of the request,the applicant plans to build a single-family dwelling for
their daughter on the newly created lot. In order to consider an area for any type of
zoning designation, the applicable goals, policies, and standards of the General Plan must
be adequately addressed. It is only through such a comprehensive policy analysis
approach that evaluations and decisions can be made to better time and stage
developments to achieve growth determined by the General Plan and related planning
documents. The implications of these evaluations and decisions must also be considered
as they may have an impact on similar areas in the County.
The Change of Zone Application from an Agricultural (A-5a)to Residential
and Agricultural(RA-2a) zoned district will conform to the following goals, policies
and standards of the General Plan. The General Plan is 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 goals, policies and
Dru Kanuha, Council Chair
and Members of the County Council
Page 7
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents. Land use is one of the principal focal points of public concern and
policy. The Land Use Element provides the primary basis for direct control and guidance
of publicly and privately owned resources.
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 property is designated Rural. This
designation includes existing subdivisions in the State Land Use Agricultural and Rural
districts that have a significant residential component. Typical lot sizes vary from 9,000-
square feet to two acres. These subdivisions may contain small farms,wooded areas, and
open fields as well as residences. Allowable uses within these areas, with appropriate
zoning, may include commercial facilities that serve the residential and agricultural uses
in the area, and community and public facilities. The applicant's request for RA-2a
zoning conforms to the Rural designation in that the proposed 2.5+/- acre lot size is
consistent with lot sizes typically found in rural areas and the surrounding properties
consist mainly of residential lots and small farms.
The property is not considered important agricultural land as it is unclassified
on the ALISH Map and is classified as very poor by the Land Study Bureau, which
determines productivity ratings of agricultural lands. The northern portion of the
property is improved with a dwelling. The property is not currently being used for
agriculture. Surrounding lands are located within the State's Agricultural and Rural
Districts and the County's A-5a and RA-2a zoned districts. The Anekona Estates
Subdivision is located immediately to the west(makai) of the Kanehoa Estates
Subdivision. The Kamuela Plantations Subdivision is located to the east. These
subdivisions include mixed residential and small farm uses as well as vacant lands.
Finally, there is a vacant 1,962-acre parcel to the north across Kawaihae Road which is
zoned A-40a. From 1998 to present, the County Council has approved 32 similar
requests for State Land Use Boundary Amendments from the Agricultural to Rural
Districts and Change of Zones from A-5a to RA-2a in the Kanehoa Estates Subdivision
and Anekona Estates Subdivision. The proposed change of zone would complement the
existing and predominately rural residential land uses in the surrounding area and is
consistent with the General Plan designation for the area.
Dru Kanuha, Council Chair
and Members of the County Council
Page 8
As areas that were once used for agriculture become more rural and urban in
character there is a greater potential for conflicts and nuisance complaints arising from
residences being located next to farms and other agricultural operations. State law
requires that for boundary amendments to the Rural or Urban districts where the lands are
adjacent or contiguous to existing lands within the Agricultural district shall include
notification to owners and prospective buyers that farming operations are protected from
nuisance complaints under the Hawai`i Right to Farm Act. Conditions of approval will
be included to protect agricultural operations in the area from nuisance complaints.
`Ohana dwellings may be allowed in the proposed State Land Use Rural District
and County RA-2a zoned district; however, State law limits dwellings in the Rural
district to no more than one dwelling per half acre. Should this request be approved, the
applicant may normally apply for an `Ghana Dwelling Permit, allowing the construction
of a second dwelling unit as a separate or attached unit on both lots. Because this request
would allow the existing parcel to be subdivided and subsequently allow the creation of a
second lot, an additional dwelling may be constructed, doubling the existing density of
the area. Although the Planning Director supports this rezoning request to allow a two-
lot subdivision with one dwelling on each lot, the potential to allow four(4) dwellings
may contribute to a cumulative burden on the existing infrastructure which cannot be
supported. The applicants have represented that they will record restrictive covenants on
both lots prohibiting a second dwelling in order to preserve the residential-agricultural
ambiance of their property. The Planning Director agrees with this approach, therefore, a
condition is included in the change of zone ordinance to prohibit a second dwelling unit
and a Condominium Property Regime on each lot, consistent with the applicant's
representations.
All utilities and services are available to the site. Access to the site is from
`Ouli Street, a private roadway with a 50-foot right-of-way with 16 feet of asphalt paving
and grass swales. Both proposed lots will have direct access off of`Ouli Street.
According to the Department of Water Supply(DWS), County water is available to the
property via a 5/8-inch meter which is adequate for one dwelling at an average daily
usage of 600 gallons. A second water meter can be made available to the proposed lot.
The applicant will be responsible for facilities charges as well as installing a service
lateral to supply the new meter. If required by DWS, the applicant will be responsible for
conveying improvements to the water board prior to granting of water meter services. The
proposed lot will utilize an individual wastewater treatment system meeting with the
approval of the Department of Health. Solid waste will be disposed of at the Waimea
transfer station. The subject property is in Zone "X", which is an area determined by
Dru Kanuha, Council Chair
and Members of the County Council
Page 9
FEMA to be outside the 500-year flood plain. All development-generated storm runoff
will be disposed of on site and not allowed onto adjacent properties or roadways. Police,
fire, and emergency services are available nearby in Waimea. All essential utilities are
available to the project site. A small portion in the northeast corner of the subject
property is identified as a Formerly Used Defense Site(FUDS)by the U.S. Army Corps
of Engineers, who will manage the investigation, clean-up and long-term monitoring on
lands formerly used as an artillery firing range.
Based on the above findings, approval of this change of zone request from an
Agricultural 5-acre (A-5a) to a Residential and Agricultural-2 acre (RA-2a) zoning
district would result in an appropriate land use pattern that will further benefit the general
public.
The accompanying draft bill to amend Section 25-8-7 (North and South Kohala
Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
We are enclosing copies of the staff Background, Planning Director's Recommendation,
Powerpoint presentation, and transcripts for your information.
Sincerely,
Brandi K. Beaudet, Chairman
Leeward Planning Commission
LShivelySLU 15-044REZ15-1951pc2
Enclosures
cc: Mr. Kurt Shively
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
State Land Use Commission
William Brilhante, Esq., Corporation Counsel
Planning Department - Kona
B ShivelyS LUREZ.doc-11.10.15
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KURT SHIVELY AND JASON SHIVELY
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000044)
CHANGE OF ZONE APPLICATION (REZ 15-000195)
KURT SHIVELY AND JASON SHIVELY have submitted applications for a State
Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from
Agricultural -5 acres (A-5a) to Residential and Agricultural - 2 acres (RA-2a) for 5.497 acres of
land. The property is located in the Kanehoa Estates Subdivision, on the north side of Kawaihae
Road approximately across from the 62 mile marker, `Ouli, South Kohala, Hawai`i,
TMK: 6-2-009:013.
PROPOSED ACTION
1. Applicant's Request: The applicants are requesting a State Land Use Boundary
Amendment from Agricultural to Rural and a Change of Zone from A-5a to RA-2a to
subdivide the property into two lots approximately 2.858 and 2.64 acres in size. There is
currently a farm dwelling on the northern portion of the property which was constructed
in 2014. Upon approval of the request, the applicant plans to build a single-family
dwelling for their daughter on the newly created lot. According to State law, the State
Land Use Rural district is characterized by low density residential lots of not more than
one dwelling house per one-half acre, in 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. A list of the variety of permitted land uses
in the Rural district is shown in Hawai`i Revised Statutes Section 205-2(c). (Planning
Department Exhibit 1 —State Land Use Rural District, HRS 205-2(c)) Similarly,
according to the Zoning Code, the purpose of the Residential and Agricultural (RA)
zoning district is to provide 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. Requirements for establishing a land use in the RA zoning district,
Re: Bill 130 & 131/Comm. 616
including a list of the variety of permitted land uses, are shown in Section 25-5-50 to 57
of the Zoning Code. (P.D. Exhibit 2 - Zoning Code Requirements for Residential and
Agricultural District)
2. The applicant proposes to construct a single-family dwelling on the newly create lot.
(Exhibit 3 - State Land Use Boundary Amendment and Change of Zone
Applications)
3. Landowner: Kurt Shively and Jason Shively
STATE AND COUNTY PLANS
4. State Land Use Designation: Agricultural.
5. GP LUPAG Map: Rural. This designation includes existing subdivisions in the State
Land Use Agricultural and Rural districts that have a significant residential component.
Typical lot sizes vary from 9,000-square feet to two acres. These subdivisions may
contain small farms, wooded areas, and open fields as well as residences. Allowable uses
within these areas, with appropriate zoning, may include commercial facilities that serve
the residential and agricultural uses in the area, and community and public facilities. As
part of the 2005 General Plan update, the Kanehoa Estates Subdivision along with other
surrounding subdivision in the area were changed from Extensive Agriculture to the
Rural LUPAG designation.
6. County Zoning: Agricultural 5-acre(A-5a).
7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawai`i lies
within the Coastal Zone Management Area.
8. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is
located approximately six miles from the nearest shoreline and not situated within the
Special Management Area.
9. South Kohala Community Development Plan (CDP): The subject property is located
along Kawaihae Road between the Kawaihae and Waimea communities within an
existing subdivision which is not depicted on any of the Conceptual Plans (Waimea,
Waikoloa, Kawaihae, or Puako) in the South Kohala Community Development Plan.
The applicant's request to increase the density of the subdivision by rezoning and
subdividing the subject property is not contrary to the goals of the CDP for this area.
-2-
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
10. Subject Property: The subject property is roughly rectangular in shape and
approximately 5.497-acre in size located in the Kanehoa Estates Subdivision with
frontage on 'Chili Street on the west and south portions of the property and bounded by
Kawaihae Road to the north. The property has previously grubbed and been used for
pasturing animals. The property slopes in a southerly direction at an approximate grade
of 5 to 20 percent. Structures on the property include a one-story, 3-bedroom farm
dwelling situated in the northern portion of the property. This house was completed in
2014 with building permit BK2013-02097. A small portion in the northeast corner of the
subject property is identified as a Formerly Used Defense Site(FUDS)by the U.S. Army
Corps of Engineers, who will manage the investigation, clean-up and long-term
monitoring on lands formerly used as an artillery firing range.
11. Kanehoa Estates Subdivision: The property was created on April 29, 1985 as one of
27 lots in the Kanehoa Estates Subdivision.
12. Surrounding Zoning/Land Uses: Surrounding lands are located within the State's
Agricultural and Rural Districts and the County's A-5a and RA-2a zoned districts. The
Anekona Estates Subdivision is located immediately to the west(makai) of the Kanehoa
Estates Subdivision. The Kamuela Plantations Subdivision is located to the east. These
subdivisions include mixed residential and small farm uses as well as vacant lands.
Finally, there is a vacant 1,962-acre parcel to the north across Kawaihae Road which is
zoned A-40a.
13. Previous Approvals: From 1998 to present, the County Council has approved 32 similar
requests for State Land Use Boundary Amendments from the Agricultural to Rural
Districts and Change of Zones from A-5a to RA-2a in the Kanehoa Estates Subdivision
and Anekona Estates Subdivision.
14. ALISH: Unclassified.
15. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor".
16. U.S. Soil Survey: Pu`u Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent
slopes. Permeability is moderately rapid,runoff is medium, and the erosion hazard is
moderate.
17. FIRM: Zone "X", area determined to be outside the 500-year flood plain.
-3-
18. Flora/Fauna Resources: No formal flora/fauna study was submitted. According to the
applicant, the site has been grubbed and previously used for pasturing cattle. The natural
vegetation consists of buffle grass, fountain grass, Spanish clover, and prickly poppy.
Common animal species in the area include field mice and mongoose. According to the
applicant, there is no known or recorded rare or endangered animal or plant life in the
area.
19. Archaeological Resources: Since the property was previously used for pasturing
activities, the applicant states that it is expected that no archaeological or historic features
exist on the property. By letter dated July 13, 2015 the applicant requested a "no effect"
letter from the State Department of Land and Natural Resources State Historic
Preservation Division (SHPD).
20. Cultural or Native Gathering Rights: According to the applicant, there is no evidence
of any traditional and customary Native Hawaiian rights being practiced on the site.
21. Public Access: There is no public access to the mountains or ocean through the property.
PUBLIC UTILITIES AND SERVICES
22. Access: Access to the site is from `Ouli Street, a private roadway with a 50-foot right-of-
way with 16 feet of asphalt paving and grass swales. Both proposed lots will have direct
access off of`Ouli Street.
23. Water: According to the Department of Water Supply (DWS), County water is available
to the property via a 5/8-inch meter which is adequate for one dwelling at an average
daily usage of 600 gallons. A second water meter can be made available to the proposed
lot. The applicant will be responsible for facilities charges as well as installing a service
lateral to supply the new meter. If required by DWS, the applicant will be responsible
for conveying improvements to the water board prior to granting of water meter services.
24. Wastewater: There is no municipal sewer system in the area. All lots in the area
dispose of wastewater through individual wastewater systems. All structures on the
property would be required to dispose wastewater into a individual wastewater system
meeting the standards and requirements of the State Department of Health.
25. Essential Utilities and Services: Underground electrical, telephone and cable services
are available to the property. The nearest police and fire facilities are located in Waimea,
approximately six (6) miles east of the site.
-4-
AGENCIES' COMMENTS
26. P.D. Exhibit 4: Department of Public Works—October 9,2015 Memo
27. P.D. Exhibit 5: Department of Water Supply: Exhibit 3—September 21, 2015 Memo
28. P.D. Exhibit 6: State Department of Land and Natural Resources (DLNR)—
Engineering Division—August 28,2015 Memo
29. P.D. Exhibit 7: State Department of Health—September 4,2015 Memo
AGENCIES -NO COMMENTS/OBJECTIONS
30. Department of Environmental Management, Police Department, Fire Department,
State Department of DLNR Land Division, State Department of Transportation,
AGENCIES -NO RESPONSES
31. State Historic Preservation Division, Department of Health, State Land Use
Commission, State Office of Planning, Real Property Tax Division, South Kohala
Traffic
PUBLIC COMMENTS
32. P.D. Exhibit 8: Diane Kanealii—September 21, 2015 Letter of Opposition
33. P.D. Exhibit 9: Applicant's Response to Letter of Opposition
-5-
11/4/2015 www.capitd.hawaii.gov/hrscurrent/vd04 Ch0201-0257/HRS0205/HRS_0205-0002.htm
§205-2 Districting and classification of lands. (a) There
shall be four major land use districts in which all lands in the State
shall be placed: urban, rural, agricultural, and conservation. The
land use commission shall group contiguous land areas suitable for
inclusion in one of these four major districts . The commission shall
set standards for determining the boundaries of each district,
provided that:
(1) In the establishment of boundaries of urban districts those lands that are now in urban use and a
sufficient reserve area for foreseeable urban growth shall be included;
(2) In the establishment of boundaries for rural districts, areas of land composed primarily of small
farms mixed with very low density residential lots, which may be shown by a minimum density of not
more than one house per one-half acre and a minimum lot size of not less than one-half acre shall be
included, except as herein provided;
(3) In the establishment of the boundaries of agricultural districts the greatest possible protection
shall be given to those lands with a high capacity for intensive cultivation; and
(4) In the establishment of the boundaries of conservation districts,the "forest and water reserve
zones" provided in Act 234, section 2, Session Laws of Hawaii 1957, are renamed "conservation
districts" and, effective as of July 11, 1961,the boundaries of the forest and water reserve zones
theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute the
boundaries of the conservation districts; provided that thereafter the power to determine the boundaries
of the conservation districts shall be in the commission.
In establishing the boundaries of the districts in each county, the
commission shall give consideration to the master plan or general plan
of the county.
(b) Urban districts shall include activities or uses as provided
by ordinances or regulations of the county within which the urban
district is situated.
In addition, urban districts shall include geothermal resources
exploration and geothermal resources development, as defined under
section 182-1, as permissible uses .
(c) Rural districts shall include activities or uses as
characterized by low density residential lots of not more than one
dwelling house per one-half acre, except as provided by county
ordinance pursuant to section 46-4 (c) , in areas where "city-like"
concentration of people, structures, streets, and urban level of
services are absent, and where small farms are intermixed with low
density residential lots except that within a subdivision, as defined
in section 484-1, the commission for good cause may allow one lot of
less than one-half acre, but not less than eighteen thousand five
hundred square feet, or an equivalent residential density, within a
rural subdivision and permit the construction of one dwelling on such
lot; provided that all other dwellings in the subdivision shall have a
minimum lot size of one-half acre or 21, 780 square feet . Such
petition for variance may be processed under the special permit
procedure . These districts may include contiguous areas which are not
suited to low density residential lots or small farms by reason of
http://www.capitol.hawaii.gov/hrscurrent/vot04_Ch0201-0257/HRS0205/HRS_0205-0002.htm 1/4
Picinning Dept.
Exhibit /
11/4/2015 www.capitd.hawaii.govlhrscurrent/vd04 Ch0201-0257/HRS0205/HRS 0205-0002.htm
topography, soils, and other related characteristics . Rural districts
shall also include golf courses, golf driving ranges, and golf-related
facilities .
In addition to the uses listed in this subsection, rural
districts shall include geothermal resources exploration and
geothermal resources development, as defined under section 182-1, as
permissible uses .
(d) Agricultural districts shall include:
(1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards,
forage, and forestry;
(2) Farming activities or uses related to animal husbandry and game and fish propagation;
(3) Aquaculture,which means the production of aquatic plant and animal life within ponds and other
bodies of water;
(4) Wind generated energy production for public,private, and commercial use;
(5) Biofuel production, as described in section 205-4.5(a)(16), for public, private, and commercial
use;
(6) Solar energy facilities; provided that:
(A) This paragraph shall apply only to land with soil
classified by the land study bureau' s detailed land
classification as overall (master) productivity rating
class B, C, D, or E; and
(B) Solar energy facilities placed within land with soil
classified as overall productivity rating class B or C
shall not occupy more than ten per cent of the acreage
of the parcel, or twenty acres of land, whichever is
lesser, unless a special use permit is granted pursuant
to section 205-6;
(7) Bona fide agricultural services and uses that support the agricultural activities of the fee or
leasehold owner of the property and accessory to any of the above activities,regardless of whether
conducted on the same premises as the agricultural activities to which they are accessory, including farm
dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities,
processing facilities,photovoltaic, biogas, and other small-scale renewable energy systems producing
energy solely for use in the agricultural activities of the fee or leasehold owner of the property,
agricultural-energy facilities as defined in section 205-4.5(a)(l7), hydroelectric facilities in accordance
with section 205-4.5(a)(23), vehicle and equipment storage areas, and plantation community subdivisions
as defined in section 205-4.5(a)(12);
(8) Wind machines and wind farms;
(9) Small-scale meteorological, air quality, noise, and other scientific and environmental data
collection and monitoring facilities occupying less than one-half acre of land; provided that these
facilities shall not be used as or equipped for use as living quarters or dwellings;
http://www.capitol.hawaii.gov/hrscurrent/vo104 Ch0201-0257/HRS0205/HRS 0205-0002.htm 2/4
ZONING §25-5-44
Section 25-5-44. Minimum building site area.
The minimum building site area in the RCX district shall be seven thousand five hundred square feet.
(1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.)
Section 25-5-45. Minimum building site average width.
Each building site in the RCX district shall have a minimum average width of sixty feet.
(1996, Ord.No. 96-160,sec. 2;ratified April 6, 1999.)
Section 25-5-46. Minimum yards.
Minimum yards in the RCX district shall be as follows:
(1) Front and rear yards:twenty feet; and
(2) Side yards,eight feet for a one-story building,plus an additional two feet for each additional story.
(1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.)
Section 25-5-47. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land area of any building site
in the RCX district, except for lots containing only one single-family dwelling and accessory buildings.
Parking areas shall not be included within the area required for landscaping on any building site.
(1996,Ord.No.96-160,sec. 2;ratified April 6, 1999;Am. 2005,Ord.No. 05-155, sec.6.)
Section 25-5-48. Commercial use restrictions.
(a) Where commercial uses are integrated with residential uses in the RCX district, pedestrian access to the
dwelling shall be independent from other uses and shall be designed to enhance privacy for residents.
(b) No floor of any building in the RCX district shall be used for both dwelling and commercial purposes.
(1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.)
Section 25-5-49. Other regulations.
(a) There may be more than one main building on any building site in the RCX district.
(b) Distance between main buildings on the same building site in the RCX district shall be at least fifteen
feet.
(c) Plan approval shall be required for all new buildings and additions to existing buildings in the RCX
district,except for construction of one single-family dwelling and any accessory buildings per lot.
(d) Exceptions to the regulations for the RCX district regarding heights, building site areas, building site
average widths and yards,may be approved by the commission within a planned unit development.
(1996,Ord.No.96-160,sec.2;ratified April 6, 1999;Am. 2005,Ord.No. 05-155,sec.7;Am. 2015,Ord.
No. 15-33,sec. 4.)
Division 5.RA,Residential and Agricultural Districts.
Section 25-5-50. Purpose and applicability.
The RA (residential and agricultural) 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 areas designated as being in the State land use rural or urban districts.
(1996,Ord.No.96-160,sec. 2;ratified and amended April 6, 1999.)
25-55
UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015)
Official revision to be published in 2015 Edition of Code.
§ 25-5-51 HAWAII COUNTY CODE
Section 25-5-51. Designation of RA districts.
Each RA(residential and agricultural)district shall be designated on the zoning map by the symbol"RA"
followed by a number and the lower case letter"a"which indicates the required or minimum number of acres
for each building site. For example RA-1a means a residential agricultural district with a minimum building
site area of one acre.
(1996,Ord.No. 96-160, sec.2;ratified April 6, 1999.)
Section 25-5-52. Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or buildings used for such
processing,shall be located at least seventy-five feet from any street bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums,
floriculture,and similar uses dealing with the growing of plants.
(7) Cemeteries and mausoleums,as permitted under chapter 6, article 1 of this Code.
(8) Crop production.
(9) Dwelling,single-family,one per building site.
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels, provided that the building site is a minimum of five acres in area and the structures are
located at least one hundred feet away from any lot line.
(13) Livestock production(excluding pigs),provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other
enclosure for the keeping of any permitted animal shall be located at least seventy-five feet
from any lot line.
(14) Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational
facilities.
(15) Public uses and structures,as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the premises.
(17) Stables, commercial or boarding, provided that the building site is a minimum of five acres in area
and the structures are located at least one hundred feet away from any lot line.
(18) Utility substations,as permitted under section 25-4-11.
(19) Veterinary establishments.
(b) The following uses may be permitted in the RA district,provided that a use permit is issued for each use:
(I) Golf courses and related golf course uses, including golf driving ranges,golf maintenance buildings
and golf club houses, provided that the property is within the state land use urban or rural district.
Golf courses and golf driving ranges shall not be permitted within the state land use agricultural
district unless approved by the County before July 1,2005.
(2) Telecommunication antennas and towers.
(c) The following uses may be permitted in the RA district, provided that if a building site is located within
the State land use rural district, the following uses may be permitted if a special permit is obtained for
such use:
(1) Bed and breakfast establishments,as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which include buildings or
indoor recreational features.
SUPP. 18 (7-2014) 25-56
ZONING §25-5-52
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations,as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes,as permitted under section 25-4-8.
(10) Temporary real estate offices,as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section, which meet the standards for a special
permit under chapter 205,Hawai`i Revised Statutes.
(d) The following uses may be permitted in the RA district, provided that either a use permit is issued for
each use if the building site is within the State land use urban district or a special permit is issued for each
use if the building site is within the State land use rural district:
(1) Bed and breakfast establishments,as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services,and mortuaries.
(3) Churches,temples and synagogues.
(4) Day care centers.
(5) Hospitals,sanitariums,old age,convalescent,nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other
similar open air recreational uses.
(7) Schools.
(8) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the RA
district.
(1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999;Am. 2008,Ord.No.08-155,sec. 11;Am. 2010,Ord.
No. 10-17, sec. 4;Am. 2012,Ord.No. 12-28,sec. 7;Ord.No. 12-124, sec. 6;Am. 2014,Ord.No. 14-86, sec.
7.)
Section 25-5-53. Height limit.
The height limit in the RA district shall be thirty-five feet.
(1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.)
Section 25-5-54. Minimum building site area.
The minimum building site area in the RA district shall be one-half acre. RA districts having larger areas
may be designated in increments of one-half acre up to a recommended maximum of three acres. The
recommended maximum does not specify an absolute upper limit for any building site in the RA district.
(1996,Ord.No. 96-160,sec.2;ratified April 6, 1999.)
Section 25-5-55. Minimum building site average width.
Each building site in the RA district shall have a minimum average width of one hundred feet for the first
one-half acre of required area,plus twenty feet for each additional one-half acre of required area;provided that
no building site shall be required to have an average width greater than three hundred feet.
(1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.)
Section 25-5-56. Minimum yards.
Minimum yards in the RA district shall be as follows:
(1) Front and rear yards,twenty-five feet;and
(2) Side yards, fifteen feet.
(1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.)
25-57 SUPP. 18 (7-2014)
§ 25-5-57 HAWAI`I COUNTY CODE
Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height
requirements for the building site shall be the same as the yard requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new structure or
development, or of any addition to an existing structure or development which is used for minor
agricultural products processing.
(c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6,
division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site
average widths and yards, may be approved by the commission within a planned unit development
pursuant to article 6,division 1 of this chapter.
(1996, Ord.No. 96-160,sec. 2;ratified April 6, 1999;Am. 2015,Ord.No. 15-33,sec.4.)
Division 6. FA,Family Agricultural Districts.
Section 25-5-60. Purpose and applicability.
The FA(family agricultural)district provides for a blend of small-scale agricultural operations associated
with residential activities and which may be characterized by farm estates, small acreage farms,or subsistence
lots. The FA district is intended to be in areas designated as being within the State land use agricultural
district, where public services and infrastructure are appropriate to support the very low density residential
needs of a rural community and where substantial number of parcels are less than five acres in size,and where
a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area.
In addition,this district is intended to be primarily comprised of agricultural lands less than five acres in
area, which are not classified as A or B lands under the land study bureau's master productivity rating, or
classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands
so classified if the lands are situated within an urban expansion or other urban designation under the general
plan land use pattern allocation guide(LUPAG)map.
(1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.)
Section 25-5-61. Designation of FA districts.
Each FA (family agricultural) district shall be designated on the zoning map by the symbol "FA"
followed by a number and the lower case letter "a" which indicates the required number of acres for each
building site. For example, FA-1a means a family agricultural district with a minimum building site area of
one acre.
(1996,Ord.No. 96-160, sec.2;ratified April 6, 1999.)
Section 25-5-62. Permitted uses.
(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or buildings used for such
processing,shall be located at least seventy-five feet from any street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums,
floriculture, and similar uses dealing with the growing of plants.
(6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area
recreational facilities,where none of the recreational features are entirely enclosed in a building.
25-58
UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015)
Official revision to be published in 2015 Edition of Code.
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: 1< U R TRS H I V L ✓ r JASON 5 .cH i V L V
PETITIONER'S SIGNATURE:A'agS42/1-11-4-?-trATE:
ADDRESS: t .,Z. •2.25 2 0 f.'i / '13
k'A /vl V El:A; HAWAII q 4-3
PETITIONER'S INTEREST IF NOT OWNER: OWNER
TELEPHONE:(Bus.) S 7 6 5 (Res.) 93s-0 8'I3 (Fax)
LANDOWNER(S): k U R I SNIVEL ) / JAS o iV .Sm i V LY
LANDOWNER SIGNATURE(S): , ,tt9O. 6t l'1/ATE:
(May be letter)
ADDRESS: .2 - 2 2 .2 0 0L I c t
KAMUE LA � HAWAII 9674.E
TAX MAP KEY: (3) 6 - O✓' - 0/3
STREET ADDRESS OF PROPERTY: 6 2 " 2 2 6-2 00 /_57x.$ k4/1VE Lg. AkalAi i 2`z:7 ,3
ZONING: GRi C GSL rU/ L. ;z ,)SIZE OF PROPERTY: S7 4 97 A C RES
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: A L R J C OL TOM 1- 3
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: RURAL URAL +
AGENT: ,K IJ J SNI vE L Y
ADDRESS: P Or Bax 22 ...33
,k'A19 VELA / 1-1/4 iWW743
TELEPHONE:(Bus.) ggj 5"/ (Res.) 9 3 g)3 (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: KURT T g/i t V.E.L Y COPIES: HURT S e v E l-y
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: KURT 13 SJ f VELY �� JASON S .c/IjVEL;�
APPLICANTS SIGNATURE: ,146,47 .:Ad _ 9tøt /DATE:/S71(S
ADDRESS: 4 - 2 S.1 0 uLi S1' / 3
k,4 quELA HAWAII 9'7% 3
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S))IINCLUDIN`G NAMES OF MAIN OFFICERS:C
PHONE:(Bus.)8OS 8'87-b :57 (Res.) gcg'� /3 0513 (Fax)
LANDOWNER(S): k f✓�RT sm VEL y LTf4 SC M / c
LANDOWNER SIGNATURE(S):�� DATE:7 l/riS
f
tit' be tlett r
1 :
LANDOWNER(S)ADDRESS: 1" 2 Z 0 'i / S /
kA M 1.1ELA h'AWA11 Qt 79,3
REQUEST: A CR1 C t11,711/?fit I- S64 a--.5ipk-A'T/. L •24c1& 7, 2a)
(Existing zoning) (Proposed Zo�inR!
TAX MAP KEY: :i 4 2 - O o g-- 013
STREET ADDRESS OF PROPERTY: 6 2-22 c i 0C11. 1 ST 6., 3
lC"fn. fU 'l_A2 HAWA ! I 9 47 3
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: s: 9 7 A C J?2 S
AGENT: k E1 RT 7-1/ rE L Y
ADDRESS: p 0 . Boy 2 233
KA /4uEL-4 � 1`�AWAIi 9174'3
TELEPHONE:(Bus.) g.%I;"7 Z657 (Res.) �-.J� 0 313 (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: 1. 1/RT S H f Yni. Y COPIES: HURT £ N I V E L Y.
THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING:
1. A filing fee of five hundred dollars($500)plus twenty-five dollars($25)per lot or unit proposed
by the amendment. (Checks shall be made payable to the County Director of Finance)
2. An original and twenty (20)copies of this completed application and the appropriate
Departmental Zoning Questionnaire.
3. An original and twenty(20)copies of a Background and County Environmental Report to
include information as listed on the attached form. Note: A County Environmental Report shall
not be required for an application where an Environmental Impact Statement or Environmental
Assessment has been completed and filed with the Office of Environmental Quality Control in
compliance with HRS, Chapter 343,Environmental Impact Statements.
4. An original and twenty(20) copies of a location Map. •
5. An original and twenty(20)copies of a scale-drawn plot plan of the property showing property
lines and measurements; all existing and proposed structures, uses and improvements; proposed
subdivision; and reference points such as roadways, shoreline, etc.
6. One copy of a full-size(2'x 3') scale-drawn plot plan of Item 5 for presentation purposes.
7. A legal description of the property in map and written form by metes and bounds as
certified by a surveyor shall be submitted with this application. This application shall not
be considered complete unless the metes and bounds description in map and written form have
been received.
8. A list of the names, addresses and tax map keys of all owners and lessees of record of
surrounding properties who are required to receive notice.
9. A certificate of clearance from the Director of Finance that the real property taxes and all other
fees relating to the subject parcel(s)have been paid; and there are no outstanding delinquencies.
10. One of the following regarding archaeological resources:
1. An archaeological inventory report containing significance assessments, effect
determinations, and proposed mitigation commitments. The report should be
completed pursuant to State Department of Land and Natural Resources Historic
Preservation Division(DLNR-SHPD)rules.
2. A"no effect" letter from the State DLNR Historic Preservation Division.
3. A copy of a letter written by the applicant to the State DLNR Historic Preservation
Division requesting a "no effect" letter, including supporting documentation,to which
SHPD has not responded after 30 days(SHPD's time limit under their rules).
11. Any other plans or additional information relevant to this application may be requested by the
Planning Director to facilitate processing of this request.
ATTACHM ENT
ResidentialRezoniag
PLANN]NG DEPARTMENT
COUNTY OF HAWAII
APPLEATDN FOR CHANGE OF ZONE
Ifyourrequestis appmved,do you intend to subdivide
the subctbnd h accordance with the approved change
ofzone? rES
ifyes,pease answerthe restofquestbn 1 and then In
queston 3.
a. How many aces ofthe requested area do you intend to �7�LS
subdivide?
b. Int whatbtsizes? 21 A e—RE
c. if yourrequestis approved,appmxin atelyhow bng
afErthe date ofapprnvaldo you e_xpecti subm it
yoursubdivisbn plans to the Planning D epartrn ent _
forprelin tory apprvvaJ 11-1 _fel, !J l ATE'
d. Do you iLtend in butt houses on the new ly created
bts? / 134/1 L T
oE
ifyes,phase answerthe folbw lig questions: i,1 L 17 /tf r`
on how m any ofthose bt? J-7/ USECSN:F At/ LOT
Atwhatappn xin at prre range? House St&O,,O C C
Lots 2
Total 11 _D. ob
Appmx:.in atilt how bng,afterappmvalof
the subdisdsibn,would the frzsthouse be
available for occupancy? I YE4R
Ifyou htend to subdivide,phase subm ita
preT nary schem aft subdiisbn plan together
with yourchange ofzone app kation Iran
2. Ifyou have no frn plans ofsubdarrting the subctarea,
do you intend to:
a. Sellorbase the land to someone who has fun
plans?
b. Sellorhase the land to som eone who has tentative
plans?
c, Sellorbase the land to someone who has no plans?
d. Keep
e. other Qalaase state)
f. Ifyou intend to do eith.era,b,orc,phase elaborate
on the kind ofplans the otherparty has.P base,aho,
include it youransw erappioxin ataly how soon ager
apprnvalofyouriezoning do you expectto transferthe
subctland to anotherparty.
3. Do ycu thick thatyourrequestand yourfusiherphns
forthe land w nllalhvaa the bcalhoustrg situation? A/0
How?
4. Are there any bui tirgs on the subctarea? YES
Ifso, whatkild? 2100 SQ Fr FAM ILy HOUSE
whatdo you intend to do with those buildings ifyour
requestis appnved?
j A SOIV /-/YES //V ONE. C15k
D e1R PAvEH ER t 1'zG L /T,c /n/ THE /1/.4"14? h'o 4=
TNA r' v✓/ x.L /3,E 130 r�T
-2-
. Is the subctbnd cuiient}y being used forany
agtu1t n 1 act ity? A10
0
Ifso,pbase bstthe kinds ofpmducts grown and on
how many square feetoracres of]and perpmduct
6. To your know bdge,has them been any(boding and/or
drainage pmbbm on the subctaiea? yo
If so,phase descrbe the pmbbm
Do you think thatthe mads badng to the subctarea t�
needs in pmvem ent
Ifso,w hatkind?
Is the mad adequate tbrthe proposed volirn e
orbad? A 0 L:QUA/c
W hatsortofgovemm entalassi;tance and/orin.pmvem ents
do you teelwillbe needed in the subjctarea when
devebped?
yes 11fl
a. Schools X
Roads �f
Sewer A
Drainage X
poke Pmtectin
-3-
Yes oto
f. Fi P zotecthn
9, Recreatihna1Faci1itps 1t
, Publt U ./X
other POLICE
Forthose checked '1yes,"p3ease elaborate whatt pe orkinds of
inprnvements and/or assistance are needed.
S iinature: 7141-4/4..,/' 96411 4/Irt
Address: C2-22s2 0141_6-1?,Cj,4lya .1;HflN14/!
Tehphone: 9gg6 gls
Date:
6337A/50A -4-
PD.5/$4
1
STATE LAND USE BOUNDARY AMENDMENT
Agricultural to Rural
CHANGE OF ZONE APPLICATION
Agricultural 5-acre, Previously Unplanned
To Residential Agricultural 2-acre
Owners and Applicants:
Kurt B. Shively
Jason S. Shively
TMK: (3)6-2-009:013
Lot 13 of Kanehoa Subdivision
Ouli , South Kohala, Island of Hawaii , Hawaii
Submitted by:
Kurt Shively
P. 0. Box 2233
Kamuela, Hawaii 96743
(808)938-0813
EXHIBIT 1
2
TABLE OF CONTENTS
Page
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS 2
I . GENERAL INFORMATION 4
II . SUBJECT REQUEST/PROPOSED DEVELOPMENT 4
III . CONFORMANCE WITH STATE AND COUNTY PLANS 5
A. State Land Use Designation 5
B. Applicable Goals/Policies and Objectives of the
General Plan 8
C. General Plan Designation 9
D. County Zoning Code 10
E. Special Management Area 10
F. Chapter 205A, Coastal Zone Management Act 10
G. Mountain Access 11
IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING 11
Physical Characteristics and Environmental Setting 11
Historic Resources 12
Cultural Resources 13
Natural Resources (Flora-Fauna) 13
Social -Economic Characteristics 13
Surrounding Lands 14
3
V. PUBLIC FACILITIES AND UTILITIES 15
A. Location 15
B. Water Service 15
C. Utilities 15
D. Wastewater Disposal 15
E. Police Services 15
F. Fire Services 15
G. Public Recreation 15
H. Schools 15
VI . ENVIRONMENTAL ASSESSMENT AND ANALYSIS 15
A. Relationship between local short-term uses of environment and
maintenance and enhancement of long-term productivity 15
B. Mitigative measures proposed to avoid , minimize , rectify or
reduce impact 16
C. Alternatives to the proposed development 16
D. Irreversible and irretrievable commitments of natural resources
that would be involved if the proposed action is implemented 16
VII . PROPOSED FINDINGS 16
VIII . EXHIBITS
A. Request for "No Effect Letter from SHPD"
B. Location/Vicinity Maps
C. Change of Zone Exhibit
D. Site Photographs
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
PETITIONERS: Kurt B. Shively and Jason S. Shively
TAX MAP KEY (3)6-2-009:013
Lot 13 Kanehoa Subdivision
Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap . 1 to
James Young, Kanehoa, at
Ouli , South Kohala , Island of Hawaii , Hawaii
We are requesting a reclassification of the subject property from the State Land
Use Agricultural District to the Rural District and a Change of Zone from the
Agricultural five-acre (A-5a) zone, previously known as Unplanned, to the
Residential -Agricultural two-acre (RA-2a) zone. The subject property (5.497
acres) is located in the Kanehoa subdivision on the north side of Kawaihae Road
approximately across from the 62 mile marker in Ouli , South Kohala, Hawaii ,
TMK: 6-2-009:013.
I . GENERAL INFORMATION
The subject property is owned in fee by Kurt B. Shively and Jason S. Shively.
Together they are the Owners and Applicants.
II . SUBJECT REQUEST/PROPOSED DEVELOPMENT
A. We are proposing to redistrict a 5 .497 acre parcel from the agricultural
district to the rural district and change the zone from Agricultural 5-acre (A-5a)
to Residential -Agricultural 2-acres (RA-2a) to allow the subdivision of the
property into two residential -agricultural lots in conformance with the new zoning
5
designation .
B. The site presently has one single family residence located on one of the
proposed lots . We will build a single family residence for our daughter on the
vacant lot . Please see site photos .
C. The 5.497 acre lot is a roughly rectangular shaped lot located between Ouli
Street on the south and Kawaihae Road on the north . Please see the vicinity maps
and rezoning exhibit in the Exhibits .
D. Access to the proposed subdivision is from Ouli Street for both of the
proposed lots . Ouli Street has a 50' wide right of way with 16' of asphalt paving
and grass swales .
E. There will be no interior roadways as both lots have direct access off of Ouli
Street .
F. Underground utilities are provided to each of the proposed two lots from the
Kanehoa subdivision 's existing infrastructure that presently serves the site.
G. One single family residence exists and one single family residence will be
built on new lot.
H. There will be restrictive covenants developed for recordation on the two
proposed lots that will prohibit second dwelling to preserve the
residential -agricultural ambience.
III . CONFORMANCE WITH STATE AND COUNTY PLANS
A. State Land Use Designation :
The State Land Use District Classification of the subject parcel is Agricultural .
One component of this request is to redistrict the Agricultural property to the
Rural District. It should be noted that since 1985, pursuant to State law, the
Counties are allowed to process amendments to the district classification if the
land area is less than 15 acres . In this case the subject parcel consists of
5.497 acres , so no Land Use Commission ratification is needed .
According to the Hawaii Land Use Commission Rules , the following three standards
6
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 sounded by, or contiguous to this district,
and are not suited to low density residential uses for small farm or
agricultural uses .
The proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use
Commission Rules that determines the permissible uses within the Rural district .
This states : " (a) Permissible uses within the rural district shall include the
following activities : (1 ) All uses permitted under Section 15-15-25 relating to
agricultural uses and those uses that are compatible within the agricultural
district; (2) Low density residential uses with a minimum of 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 similar agricultural land uses and uses
7
that are compatible to the Agricultural designation . The proposed
reclassification is also compatible with the statutory definition of low density
residential lots of more than one dwelling house. The Applicant has and would
like to construct a single family dwelling. 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 of single family farm dwellings permitted within agricultural
parks developed by the State, or where agricultural activity provides income to
the family occupying the dwelling. " Thus, the requested boundary amendment would
be in the direction of fulfilling the permissible uses of the Rural designation.
The reclassification action would also conform to the following goals , objectives
and/or policies articulated in the Hawaii State Plan relating to Socio-Cultural
Advancement - Housing Objectives and Policies :
(a) Planning for the State' s socio-cultural advancement with 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
. 8
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 life-styles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures and
values of the community.
B. Applicable Goals/Policies and Objectives of the General Plan :
LAND USE
Through the careful analysis and examination of past and present situations , the
following goals , policies , and standards are set forth to physically plan the
lands in the County in the best interest of the island ' s residents .
GOALS
- Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social , cultural , and physical environments of the County.
POLICIES
- Zone urban and rural types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities .
- Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood , community, region and County.
- The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment .
STANDARDS
- Zoning requests shall be reviewed with respect to General Plan designation ,
district goals , regional plans , State Land Use District, compatibility with
adjacent zoned uses , availability of public services and utilities , access , and
9
public need .
HOUSING
GOALS
-Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii .
- The cornerstone of the County' s housing programs and activities shall continue
to be the encouragement and expansion of appropriate home ownership opportunities
for our residents .
POLICIES
- Rural style residential -agricultural developments , such as new small scale rural
communities or extensions of existing rural communities , shall be encouraged in
appropriate locations .
- The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural style residential subdivisions in appropriate
locations . Standards and criteria for the establishment of these areas shall be
developed .
APPLICANTS' RESPONSE:
The proposed action will be the best classification for these lands and in the
best interest of the island ' s residents . The rural designation and RA-2a zoning
is the appropriate designation as it has access to community services, employment
centers, and necessary utilities . The proposed action meets the needs of the
Waimea community by providing residential agricultural type lots and is in balance
with the physical and social environment .
The proposed action is consistent with the General Plan and the surrounding zoning
and land uses . The Council has consistently supported Rural designations and uses
for this subdivision and the immediate area surrounding the subject property.
C. GENERAL PLAN DESIGNATION:
10
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 Rural 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 .
D. COUNTY ZONING CODE:
The original zoning for this parcel was Unplanned, but upon the approval of the
new zoning code on December 7, 1996, all Unplanned zone property was redesignated
as Agricultural 5-acre (A-5a) . One component of this request is to change the
zone of the property to Residential -Agricultural 2-acres (RA-2a) .
E. SPECIAL MANAGEMENT AREA:
The subject property is not located within the County' s Special Management Area
(SMA) , and as such does not require an SMA permit .
F. Chapter 205A, Coastal Zone Management Act:
The subject property is located approximately six miles from the shoreline
surrounded by a regional roadway system and rural -residential subdivisions and
vacant land . The proposed use of the subject property will not negatively impact
recreational resources , visual resources to or from the shoreline, including
access to and along the shoreline or coastal ecosystems. Therefore no scenic or
open space resources to the shoreline coastal view plane or coastal ecosystem will
be negatively impacted by the proposed action.
11
G. MOUNTAIN ACCESS:
The subject property is surrounded by the regional roadway system, vacant lands ,
and rural -residential subdivisions . The property is not used for access to the
mountains or any mountain feature. Therefore, no public access to these areas
will be impacted by the proposed action .
IV. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING
PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING:
A. The 5.497 acres lot is a roughly rectangular-shaped lot located between Ouli
Street on the south and Kawaihae Road on the north . Please see the location map
and rezoning exhibit in the Exhibits .
B. The property' s Ouli Street frontage is approximately 1 ,000 feet. Please see
Plan in the Exhibits.
C. Annual rainfall for the area is between 20 to 35 inches according to An
Inventory of Basic Water Resources Data: Island of Hawaii , published by the
Department of Land and Natural Resources .
D. The site slopes from its northern boundary down to the southern boundary at an
approximate grade of 5 to 10 percent on the upper half; lower half is
approximately 10 to 20 percent .
E. The site presently has one single family residence on one of the two proposed
lots . Please see the site photographs in the Exhibits .
F. The U.S. Geological Survey has categorized the island into nine zones of
comparative hazard rates from lava flows, with Zone 1 being the highest and Zone 9
the lowest severity of hazard . The U .S. Geological Survey designates the subject
property as "Lava Hazard Zone 8. " Only a few percent of this area has been
covered by lava in the past 10,000 years .
G. The site is located approximately six miles from the ocean at Spencer Park.
H. The State Department of Agriculture's Agricultural Lands of Importance to the
State of Hawaii (ALISH) has no classification for this property .
12
I . The United States Department of Agriculture Soil Survey identifies the soil
type to be of the Puu Pa soil series . The Puu Pa series consists of well -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 get 20 to 34 inches of rainfall annually. Their
mean soil temperature is 69 to 71 degrees. The natural vegetation consists of
Bermuda grass , 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, and the Puu Pa is extremely stony, very fine sandy
loam, 6 to 20 percent slopes . 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 a'a
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 a'a lava.
J . The Land Study Bureau 's overall master productivity rating system classifies
the soil as Class "E" or Very Poor for agricultural use.
K. According to the Flood Insurance Rate Map (FIRM) prepared by the U .S. Army
Corps of Engineers , the property is in Zone "X" , an area outside the 500-year
floodplain . There is a drainage easement depicted on the site plan that was
established at the time Kanehoa Subdivision was created . This easement will be
reflected on all subdivision maps .
HISTORIC RESOURCES:
Since the site has been fully developed and previously grazed by cattle and
extensively graded for development, it is expected that no archaeological features
exist on the property or that it provides a habitat for endangered plants or
13
animal species . There is no evidence of historical or cultural features on the
parcel , nor did the records in the Planning Department disclose any significant
findings attributable to the subject property. The Applicants have written a
letter to the State Historic Preservation Division requesting a determination of a
"no effect" for the proposed action . A copy of that letter is in the Exhibits .
Recent archaeological assessments in this subdivision have led to "no effect"
letters from SHPD.
CULTURAL RESOURCES:
According to the owners and neighbors , no valued cultural , historical , or natural
resources exist on the subject property and no gathering is taking place. To the
extent to which traditional and customary native Hawaiian rights are exercised,
the proposed action will not affect traditional Hawaiian rights ; therefore, no
action is necessary to protect those rights .
NATURAL RESOURCES (FLORA-FAUNA) :
The natural vegetation consists of buffalo grass , fountain grass , Spanish clover ,
and prickly poppy. As previously mentioned , the site has been grubbed and
developed for the existing single family dwelling . Common animal species in the
area include field mice and mongoose. There is no known or recorded rare or
endangered animal or plant life in the area.
SOCIAL-ECONOMIC CHARACTERISTICS
SOCIAL SETTLEMENT PATTERN FOR THE AREA:
Waimea, along with the rest of South Kohala, has undergone significant change over
the past two decades as resort development along the South Kohala coastline has
grown and the base facilities for astronomy research have been developed in town .
This area has been a ranching community for many areas , the home for Parker Ranch
and many smaller cattle operations . Farmers have settled in the area to grow
truck crops for the Big Island and the rest of the state. There are retirees from
14
Oahu and the mainland that are attracted to the rural lifestyle and weather
patterns of Waimea as well . With the growth of Hawaii as a visitor destination,
workers from the South Kohala resorts are finding Waimea a suitable bedroom
community. The Hawaii Preparatory Academy has attracted many families with their
national reputation as a high quality college preparatory school .
ECONOMIC RESOURCES OF THE AREA: This ranching community is the home of numerous
ranching and farming activities . Many residents are actively engaged in
commercial agricultural activities . More recently residents have found employment
at the resorts on the South Kohala coastline. In 1996 the North Hawaii Community
Hospital was opened, and this has provided a number of employment opportunities in
health care and related fields . Hawaii Preparatory Academy and Parker School are
valued resources for the area. Waimea is also the host town for the headquarters
of the Keck and CFH telescopes located atop Mauna Kea.
LAND VALUES:
According to knowledgeable realtors in this area, similar residential -agricultural
2-acre lots in the immediate area sell for $250,000 to $325,000.
SURROUNDING LANDS:
LAND USE/ZONING:
Of the adjacent parcels , some are in the State Rural District and zoned RA-2a by
the County. There are 28 other properties similarly zoned in the Kanehoa and
Anekona Estates subdivisions . The remaining 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-5a, is immediately west . The Ouli
subdivision further to the west is zoned A-la and is presently undeveloped . There
is a small State classified urban area located immediately below the site that
hosts an affordable housing project, Ouli Ekahi , and the self-help housing
15
project. The uses of the property in the immediate area are rural -residential in
character, with minimal agricultural activities .
V. PUBLIC FACILITIES AND UTILITIES
A. The property is located between Kanehoa Street on the north and Keanuiomano
Stream on the south. Ouli Street is a private 50' side right of way with 16' of
asphalt and grass swales .
B. The existing home is serviced by Department of Water Supply presently and has
its own meter. The Department of Water Supply has given written consent for a
second water meter.
C. Electrical , telephone, and cable service are provided to the project site via
the underground utility service of the Kanehoa subdivision .
D. This area is not serviced by a municipal sewer system. All lots in this area
dispose of wastewater through individual wastewater treatment systems. The
existing homes utilize individual wastewater treatment systems previously approved
by the State Department of Health.
E. The nearest police station is located six miles east of the site in Waimea.
F. The nearest fire station is located six miles east of the site in Waimea.
G. The nearest public recreation facility is Waimea Park and Anuenue Playground,
located five miles east of the site . Hapuna Beach Park is seven miles to the west
of the site. Spencer Beach Park is located six miles west of the site.
H. Public schools (six miles east) and private schools (three miles east) provide
educational services to the area.
VI . ENVIRONMENTAL ASSESSMENT AND ANALYSIS
A. Relationship between local short-term uses of environment and maintenance and
enhancement of long-term productivity: In terms of the relationship between
short-term use of man's environment and the maintenance and enhancement of
long-term productivity, no short-term exploitation of resources that would entail
negative long-term consequences has been identified for the proposed action .
16
B. Mitigative measures proposed to avoid, minimize , rectify, or reduce impact :
The addition of a single family residence will have minimal impact to the area .
Any further construction on the site will comply with all governmental regulatory
controls to mitigate noise and dust during the construction period . Any
structures and infrastructure improvements constructed will comply with all
federal , state, and county requirements . All important cultural , historical , and
natural resources will be treated in accordance with agency requirements .
C. Alternatives to the proposed development : An alternative to the proposed
action would be to leave the parcel undivided and not build a second single family
residence.
D. Irreversible and irretrievable commitments of natural resources that would be
involved if proposed action is implemented: There are presently no such
conditions placed on the property.
VII . PROPOSED FINDINGS
Given the conformance with all established State and County goals, policies and
plans , the physical characteristics of the site and sounding area, the present
zoning and uses of the surrounding area, no impact on public facilities and
services , and no impact on the environment, the Applicants request a favorable
consideration of these boundary amendment and change of zone applications .
.{
EXHIBIT A
Request for "No Effect" Letter from SHPD
u
PO Box 2233
Kamuela, HI 96743
(808) 938-0813
July 13, 2015
Mike Vitousek
State Historic Preservation Division
74-383 Kealakehe Parkway
Kailua-Kona, HI 96740
Re: Archaeological Clearance
TMK: (3) 6-2-009:013
Kaneohe Subdivision
Ouli, South Kohala,Hawaii
Name:
We are processing a boundary amendment and change of zone request for the property identified above
which is located in the Kanehoa Subdivision. We have been required by the Planning Department to
either
get a "no effect" letter from your Division or do an inventory survery for the subject property.
There have been numerous change of zone applicatiions in this subdivision that have been processed
without inventory surveys. A previous archaeloogist with your division, Marc Smith ,has written "no
effect" letters for these changes of zone actions. Mary Anne Maigret has also previously issued "no
effect" letters. The subject property has one single family residence and we would like to build another
single residence home for our daughter.
Some of the lots in the subdivision have been surveyed, and in all cases the consulting archaeologist and
your office determined there were no historic sites affected by the proposed action. By this letter we are
requesting that you issue a "no effect letter" for the change of zone requested for this property. We
would
like to be spared the expense of what we believe to be an unnecessary survey or assessment.
Should you require additional information or have any questions, please contact us. We
appreciate your
prompt ressponse to this request for a "no effect" letter.
Sincerely yours,' BJL ,7dd��
key"
Kurt B. Shively
Jason S. Shively
Copy: Duane Kanuha, Planning Director
Li .
\ . . EXHIBIT B ~ .
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EXHIBIT C
Change of Zone Exhibit
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KAWAIHAE ROAD
274.01'40•
231'56'50' / — — —. — _
26.81
R=20.00 EASEMENT(10 feet wide)
NO ACCESS&PLANTING STRIP
•
LOT 13-A
2.858 ACRES I
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a
: j REZONING EXHIBIT
1 a SUBDIVISION OF LOT 13
2 KANEHOA SUBDIVISION
I 6-c' FILEPLAN 1845
INTO LOTS 13-A AND 13-B
BEING A PORTION OF ROYAL PATENT 2237
¢ L.C.AW.8518-B APANA 1 TO JAMES YOUNG KANEHOA
!`rc� AT OULI,SOUTH KOHAIA
so. 1 3 ISLAND AND COUNTY OF HAWAII
STATE OF HAWAII
I w
EASEMENT#9 w
FOR DRAINAGE I
♦'RPOSES
_ Tax Map Key 3-6-2-009-013
94.01'40'
138.00
LEGEND OULI STREET
FM-FOUND
WM-WATER METER WATER METER
LPG-UOU10 PROPANE GAS TANK #1821089937
UP-L10ILITY POLE
NAYS=WASTE WATER SYSTEM
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OOEDaE OR UNDER MY SUPERNDON
NOTES -
: ¢ P
AOrnuM6 and coadlneles ere retened 12 gwemmem Surrey 6 S
Triangulation SIe11on•PULL PA'. 4y Ims R ROGER 0.21EENOR LS 7276
ClearIndicates\nal One Mire fence 16 clear ol any encroachment. .0
es shown nere on re*res0r128630ons existing Uy license 6mlres On APRIL 30,2018
On JUN 21,2015.
SCALE 1"=30'
No.' DATE 0EscPAPOn en DATE:JULY 30,2015
LOT 13
All of that certain parcel of land being a portion of Royal Patent 2237,Land Commission Award
8518-B,Apana 1 to James Young Kanehoa. Being also a portion of Kanehoa Subdivision (File
Plan 1845) South Kohala, Island and County of Hawaii, State of Hawaii and thus bounded and
described as follows:
Beginning at a pipe found at the Northeast corner of this parcel of land, Said point of beginning
also being the Northwest corner of Lot 11 Kanehoa Subdivision (File Plan 1845) being also a
point on the South boundary of Kawaihae-Waimea Road (F.A.P. NRH 11-C) the coordinates of
said point of beginning referred to Government Survey Triangulation Station "PUU PA", being
12,167.25 feet North and 11,520.63 feet West and running by true Azimuths measured clockwise
from true South:
1. 189° 52' 886.42 feet along the West boundary of
Lot 11 Kanehoa Subdivision (File
Plan 1845) and along the remainder of
Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
2. 94° 01' 40" 138.00 feet along the North boundary of
Ouli Street, Kanehoa Subdivision (File
Plan 1845) and along the remainder of
Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
Thence along a curve to the right having a radius of 175.00 feet the direct chord azimuth and
distance being;
3. 141° 56' 50" 185.55 feet along the Northeast boundary of
Ouli Street,Kanehoa Subdivision (File
Plan 1845) and along the remainder of
Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
4. 189° 52' 729.95 feet along the East boundary of
Ouli Street, Kanehoa Subdivision (File
Plan 1845) and along the remainder of
Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
Thence along a curve to the right having a radius of 20.00 feet the direct chord azimuth and
distance being;
5. 231° 56' 50" 26.81 feet along the East boundary of
Ouli Street, Kanehoa Subdivision(File
Plan 1845) and along the remainder of
Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
6. 274° 01' 40" 372.27 feet along the South boundary of Kawaihae-
Waimea Road (F.A.P. NRH 11-C to the being
point of beginning and containing an
area of 5.497 Acres more or less;
r4 EXHIBIT D
Site Photographs
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DEPARTMENT OF PUBLIC WORKS Z015 OCT q prq , `f 5
COUNTY OF HAWAII .•i •; ;
HILO, HAWAII J'n id UN I;r i J� i i HENT
HAWAII
DATE: October 9, 2015
Memorandum
TO : Duane Kanuha, Planning Director
Planning Department
FROM: Ben Ishii, Division Chi
9, Engineering Division
SUBJECT : Change of Zone Application (15-0000195)
State Land Use Boundary Amendment(SLU 15-000044)
Applicant: Kurt Shively and Jason Shively
Location: Ouli, S. Kohala, HI
TMK: 3 / 6-2-09:013
We have reviewed the subject application and our comments are as follows:
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
3. The access road fronting the subject property is private.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 3237-4851
KE
copy: ENG-HILO/KONA
Hawaii County is an Equal Opportunity Provider and Employer
101331
• . f WATfR
• .i
19 49
• -
g � , DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`l
`-!-op HAWp\, ,,' 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961 -8050 • FAX (808) 961-8657
-O c•
September 21,2015 ;r--
>
Ci-7
-- v
TO: Mr. Duane Kanuha, Director C
Planning Department 3
rV
FROM: Keith K.Okamoto, Manager-Chief Engineer
z� r�
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 15-900044)
REQUEST: AGRICULTURAL TO RURAL
CHANGE OF ZONE APPLICATION(REZ 15-000195) •
APPLICANT—KURT SHIVELY AND JASON SHIVELY
REQUEST: A-5A TO RA-2A
TAX MAP KEY 6-2-009:013
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject parcel is currently served by a%-inch meter,which is limited to a
maximum of 600 gallons per day and suitable for only one single-family dwelling. There are existing
6-inch waterlines within Kawaihae Road and 'Ouli Street fronting the subject parcel. The existing
6-inch waterline along `Ouli Street only fronts the south side of the property. Water can be made
available in accordance to the Department's water availability guidelines.
Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment may be issued.
Based on the one(1)additional lot requested in the proposed Change of Zone Application,the required
water commitment deposit is$150.00. Remittance of the$150.00 water commitment deposit is
requested as soon as possible so that a water commitment may be formally effected. The commitment
will be in writing with specific dates and conditions stated. Upon receipt of the water commitment
deposit,we will provide our requirements for water service,applicable facilities charges due,and other
conditions for final subdivision approval.
Please be informed that final subdivision approval will be contingent on the following conditions:
1. Construct necessary water system improvements, which shall include,but not be limited to,the
following:
a. a service lateral that will accommodate a 5/8-inch meter fronting Lot 13-A, and
b. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the applicant
shall be responsible for the relocation and adjustment of the Department's affected
water system facilities, should they be necessary.
. . .Water, Our Most Precious Resource . . . Wai A pane . . . 1010 3 0
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Duane Kanuha,Director
Page 2
September 21,2015
2. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
One(1)additional unit @$5.500.00/unit $5,500.00
Total FC $5,500.00
These are due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amount; for example,when requests for time
extensions continue and are approved. Until the development is finally completed,these are
separate and unrelated items. In the event that water commitment deposits exceed the
facilities charge,no refunds are applicable.
3. Should it be necessary, submit the appropriate documents, properly prepared and executed,to
convey the required easements to the Water Board of the County of Hawai`i prior to final
subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However,prior to water
meter services being granted to the development, or any lots within,the conveyance documents
shall be accepted by the Water Board.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070, extension 256.
Sincerely yours,
t14)(4#14444516
Keith K. Okamoto,P.E.
Manager-Chief Engineer
RQ:dfg
copy- Mr. Kurt Shively
DAVM Y.ICE ,,,,
P �OF..F!4 fp-, SUZANNE D.CASE
GOVERNOR OF HAWAII .Cr• .0. 9,s.....9 CHAIRPERSON
/7Iot. B:ARD OFLAND AND NATURAL RESOURCES
t � COMMISSION ON WATER RESOURCE
it(
':-i3, _- t MANAGEMENT
`okvend and Nato k ,---N... '� t�) I
glii"-L''' li
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-----Ilic-../.. ...i. —
STATE OF HAWAII
State ofHawfd'� DEPARTMENT OF LAND AND NATURAL RESOURCES
' LAND DIVISION
POST OFFICE BOX 621
HONOI.ULII.HAWAII 96509
August 28, 2015
I
MEMORANDUM E
760 71 DLNR Agencies: -,
_Div. of Aquatic Resources
-'
Div.
of Boating&Ocean Recreation '?.-
X Engineering Division
Div. of Forestry&Wildlife
Div. of State Parks _
_Commission on Water Resource Management
_Office of Conservation& Coastal Lands
X Land Division—Hawaii District
I ,.
X Historic Preservation
FI ‹: Russell Y. Tsuji,Land Administrator
SUBJECT: State Land Use Boundary Amendment(SLU 15-000044); Request: Agricultural
to Rural Change of Zone Application(REZ 15-000195) - Shively
LOCATION: Kamuela, Island of Hawaii; TMK: (3)6-2-009:013
APPLICANT: Kurt Shively and Jason Shively
Transmitted for your review and comment is information on the above-referenced
application. We would appreciate your comments on this application. Please submit any comments
by September 17,2015.
If no response is received by this date, we will assume your agency has no comments. If
you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you.
Attachments
( ) We have no objections.
( We have no comments.
( ) Comments arE/attached.
l
Signed: .aa,
Print Name: CS . Ch: g, Chief Engineer
Date: 1111 —
cc: Central Files
(,A
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y.Tsuji
REF: State Land Use Boundary Amendment/Change of Zone Application to Subdivide 5.497 Acre
Parcel into 2 Lots,Ouli,South Kohala
Hawaii.055
COMMENTS
(X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is
located in Flood Zone X. The National Flood Insurance Program does not have any
regulations for developments within Zone X.
() Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is
located in Flood Zone .
() Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map(FIRM)is—
() Please note that the project site must comply with the rules and regulations of the National Flood
Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of
Land and Natural Resources,Engineering Division at(808)587-0267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Community's local flood ordinance may prove to be more restrictive and thus take precedence
over the minimum NFIP standards. If there are questions regarding the local flood ordinances,
please contact the applicable County NFIP Coordinators below:
() Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of
Planning and Permitting.
() Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of
Public Works.
() Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning.
() Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public
Works.
() The applicant should include project water demands and infrastructure required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building permit and/or water meter.
() The applicant should provide the water demands and calculations to the Engineering Division so it
can be included in the State Water Projects Plan Update.
() Additional Comments:
() Other:
Should you have any questions,please call Mr.Dennis Imada of the '7 ning :ra, h at 587-0257.
Signed: A4
c•,'TY . ?'G,CHIEF ENGINEER
Date:
k State of Hawaii
'' FLOOD HAZARD ASSESSMENT REPORT
_____ ---- __------KAWAii1-AE"-RIT------—�—. -- ---
rr _— --------- ------ -
1 1/
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FLOOD ZONE DEFINITIONS PROPERTY INFORMATION
SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII
CHANCE FLOOD-The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)6-2-009-013
flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 62-2252 OULI STREET
The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. KAMUELA,HI 96743
Areas of Special Flood Hazard include Zone A,AE,AH,A0,V,and VE. The Base Flood FIRM INDEX DATE: APRIL 02,2004
Elevation(BFE)is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S): NONE
flood insurance purchase applies in these zones: FEMA FIRM PANEL(S): 15516601630
• Zone A: No BFE determined. PANEL EFFECTIVE DATE: PANEL NOT PRINTED
Zone AE: BFE determined.
■ Zone Ali: Flood depths of 1 to 3 feet(usually areas of ponding);BFE determined.
Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain);
average depths determined.
1111 Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM: JUNE 2013
III Zone VE: Coastal flood zone with velocity hazard(wave action);BFE determined. IMAGERY DATA FROM: MAY 2005
III Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream IMPORTANT PHONE NUMBERS
plus any adjacent floodplain areas that must be kept free of encroachment so that
the 1%annual chance flood can be carried without increasing the BFE. County NFIP Coordinator
NON-SPECIAL FLOOD HAZARD AREA–An area in a low-to-moderate risk flood zone. County of Hawaii
No mandatory flood insurance purchase requirements apply,but coverage is available in Carter Romero,P.E.,CFM (808)961-8943
participating communities. State NFIP Coordinator
Carol Tyau-Beam,P.E.,CFM (808)587-0267
® Zone XS(X shaded): Areas of 0.2%annual chance flood;areas of 1%annual
chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer:The Hawaii Department of Land and Natural Resources
than 1 square mile;and areas protected by levees from 1%annual chance flood. (DLNR)assumes no responsibility arising from the use,accuracy,
completeness,and timeliness of any information contained in this report
17.1 Zone X: Areas determined to be outside the 0.2%annual chance floodplain. Viewers/Users are responsible for verifying the accuracy ofthe
OTHER FLOOD AREAS information and agree to indemnify the DLNR,its officers,and
employees from any liability which may arise from its use of its data or
r
l i Zone D: Unstudied areas where flood hazards are undetermined,but flooding is information.
possible. No mandatory flood insurance purchase requirements apply,but coverage If this map has been identified as'PRELIMINARY;please note that it is
is available in participating communities. being provided for informational purposes and shall riot be used for
flood insurance rating. Contact your county floodplain manager for flood
zone determinations to he used fur compliance with local floodplain
management regulations.
•
DAVID Y.IGE i VIRGINIA PRESSLER,M.D.
GOVERNOR OF HAWAII " w- DIRECTOR OF HEALTH
'.�``�P 8 pm 07
IIs. l IMENT
HAA/Alt
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: September 4, 2015
TO: Mr. Duane Kanuha
Planning Director, County of Hawaii
FROM: Eric Honda e,6-1-
District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment (SLU 15-000044)
Request: Agricultural to Rural
Change of Zone Application (REZ 15-000195)
Request: A-5a to RA-2a
Applicant: Kurt Shively and Jason Shively
TMK: 6-2-009:013
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist)created by Built Environment Working Group(BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers,planners,engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
WORD: REZ-15-000195.eh
1*.
-_-
•
100777
Sep.21.2015 02:00 PM Kailapa Community Associa 8088809798 PAGE. 1/ 2
iiEN
2CI5 SEP 21 Psi 2. 00
9/21/2015
TO:County of Hawaii
Planning Director Duane Kanuha
Atten: Christian Kay
Fax# 808-327-3663
From:
Diane Kanealii
61-4011 Kailapa St.
Kamuela, HI 96743
Re: Testimony of opposition
Re: State ILand Use boundary Amendment(SLU 15-000044)Requeet:Agricultural
to Rural, Change of Zone Application (REZ 15-000195),A-3a to RA-2a.Applicant:
Kurt Shively/Jason Shively
SCANNED
SEP 21 2015
Byt_1.D X9-9..3
a
Sep.21.2015 02:00 PM Kailapa Community Associa 808880979S PAGE. 2/ 2
•
9/21/2015
County of Hawaii
Planning Director Duane Kanuha
Atten: Christian Kay
Re: State (Land Use boundary Amendment(SLU 15-000044)Request: Agricultural
to Rural, Change of Zone Application (REZ 15-000195), A-5a to RA-2a.Applicant:
Kurt Shively/Jason Shively
Aloha Planning Director Duane Kanuha,
I am submitting my testimony in opposition of the above stated request to re-zone from
5 Acres AG to 2 Acres Rural zoning
My opposition in not a personal issue but based on the planned use of the land when
purchased. Since this is zoned AG and the owner admits that there is no agriculture or
fanning activities going on, requests to convert the property for AG to rural thus creating
another large rural residential lot, which then can be subdivided or sold in the future as
2 lots.
This seems to be a clear violation of the purpose of agriculture zoning and should not
be supported. I believe that they were aware of the purpose of the AG zoning when they
developed the property in 2014.
Many people have been, and continue to use the AG credit and lands inappropriately to
decrease their land tax base, pay minimal taxes but do not use it as what the planned
zoning intent was therefore decreasing the actual lands available to be used for the
Agriculture planned and zoned purpose.
This type of rezoning request seems is a common practice as the Intent of zoning lands
for Agriculture get watered down.The owner gets tax break while the property values
continue to rise. By re-zoning into 2 parcels then increases the value of each lot and
decreases the opportunities for real agriculture use and ultimately causes a greater
hardship for families in Hawaii try to secure reasonably priced, safe, sanitary livable
homes located in `suitable environments".
By allowing the re-zoning we continue to perpetuate the practice of manipulating the
intent of agriculture lands and feel it weakens our ability on this island be sustain
ourselves. I believe it is In the best interest of our island to stop this practice and keep
AG lands for it said purpose.
Ma alo for allowing m to nt,
Diane nealii, Kawaihae Hi
r.. 401 7 Ar/d fl cd?
0(1,4-44-44C, 4,liir7 '
•
2015 OCT 19 All 7 52
October 15, 2015
PU NNirsif. C ',i;TMENT
To: County of Hawaii CGUN.f'r OF HAWAII
Planning Director Duane Kanuha
Attn: Christian Kay
From:
Kurt, LaDonna & Jason Shively
P.O. Box 2233
Kamuela, Hi 96743
Re: Response to letter of opposition by Diane Kanealii
Re: State Land Use Boundary Amendment (SLU 15-000044)Request: Ag to
Rural, Change of Zone Application (REZ 15-0000195), A-5a to RA-2a.
Applicant Kurt Shively/Jason Shively
. .. ........
1
101416
1
October 13, 2015
County of Hawaii
Planning Director Duane Kanuha
Attn : Mr. Christian Kay
101 Pauahi Street , Suite 3
Hilo , Hawaii , 96720
Subject : State land use boundary amendment (SLU 15-000044) ;
Request : Agricultural to Rural change of zone application
(REZ 15-000195) ; Applicant : Kurt Shively/Jason Shively
Dear Sirs :
We are submitting a response to the letter in opposition
submitted by Diane Kanealii on 9-21 -15 in response to Kurt and Jason
Shively' s request to rezone from five acres Ag to two acres Rural
zoning .
Despite the State ' s decision to zone this inherently
residential neighborhood as Agricultural , the County has
consistently and appropriately allowed for the conversion
predominantly of most lots in the residential subdivision from
Agricultural to Rural , and several lots have been converted to CPR
lots , which include most of the lots in the Anekona subdivision ,
which is adjacent to Kanehoa.
Though this land may have been originally zoned as agricultural
use , there are limitations , such as restrictions by the Department
of Water on the amount of water used (400 gallons per day) , lack of
rainfall , extremely rocky terrain with very dry and windy
conditions , not being productive farming land , et cetera , that even
if a landowner wished to do so, it would make using the land for
agricultural purposes very difficult and not very cost-effective.
However, with that being said , whether the 5 . 47 acres is left
as Ag , as originally zoned , or converted to Rural , as the Shively
family wishes to do, when the Shivelys initially purchased the land
their intentions in the future included hopes of planting fruit and
citrus trees and other sustainable gardening , depending on the
future climate in the area and the condition of the soil .
This subdivision is a beautifully quiet and serene location for
residential living , with sweeping views of Mauna Kea , which is
precisely why the Shively family wishes to utilize this serene
location to provide a safe and nice living environment for current
family members and/or future Shively family members for generations
2
to come.
According to the opposition letter , the Shivelys are paying
minimal taxes and we are decreasing our land tax base. This
statement is inaccurate , and we would like to provide further
information in this regard . In 2013 when we purchased the property,
Jason Shively was paying $2, 996. 24 in taxes for bare ag land , which
surely cannot be considered minimal taxes . When the Shivelys built
Jason ' s home (with our own hands and skills) , the taxes increased to
$3 ,908. 34. If our request is granted , then we will be paying
possibly close to double the amount of taxes , which increase the
taxes for the County .
Our family background in Hawaii goes back 45 years now. Hawaii
is a truly special place for our family, beginning on the island of
Molokai , where the Shively family first began . Shannon Shively , now
34, was born on Molokai in 1983 and her brother, Jason Shively, now
32, was born on Molokai in 1981 . Kurt Shively began working as a
carpenter in the 1970s , and in the 1980s joined the journeymen ' s
union , and Jason followed in his footsteps at the age of 19 in the
carpenters ' union . LaDonna Shively, the mother, as a proud resident
of Hawaii , has worked for many years , including 14 years working
with the special education and hearing impaired classes of Waimea
Elementary School , in addition to various other taxpaying jobs since
the late 1970s . Shannon Shively has had various accounting
positions for many years as a resident of Hawaii . The Shively
family has never relied on government subsidies , but has prided
itself on being contributing members to our society and community
and paying our taxes .
We would like to continue to utilize our carpentry and home
building skills that we learned over the years and excel at , and
plan to continue the Shively family for generations to come here in
Hawaii . We feel that having the opportunity to subdivide our
property is the best utilization of our skills and will provide the
Shively family with a home for hopefully many years . Jason Shively
has great love for the islands and the ocean , and plans to live out
his life here . He has commercial fishing abilities and many years'
experience , providing excellent fish to various fish markets and
restaurants all over the island , his own unique contribution to
sustainable living in the beautiful islands of Hawaii .
We wanted to respond to any concerns by members of the
community and assure all of our good intentions with regard to
expanding our family home base here and our long-term commitment .
Mahalo for your time and aloha concerning this matter .
The Shivelys
RShivelySLU.doc 11.10.15
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KURT SHIVELY AND JASON SHIVELY
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 15-000044)
Upon careful review of the request against the guidelines for granting a State Land Use
Boundary Amendment, the Planning Director is recommending that a favorable
recommendation for the State Land Use Boundary Amendment application be forwarded
to the County Council. Since this recommendation is made without the benefit of public
testimony, the Director reserves the right to modify and/or alter this recommendation based upon
additional information presented at the public hearing. This favorable recommendation is based
on the following findings:
The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Rural to subdivide the property into two lots. The applicant is also
requesting a concurrent Change of Zone from Agricultural 5-acre(A-5a) to Residential
and Agricultural 2-acre(RA-2a) for the 5.497 acre subject property.
The approval of the reclassification from the State Land Use Agricultural to
the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii
Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules,
Rule 13 of the Planning Commission Rules of Practice and Procedures, the County
General Plan and the Hawaii State Plan. According to the Hawai`i 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 area;
(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
-1-
Re: Bills 130 & 131/Gomm. 616
urban level of services are absent, and where small farms are intermixed with the
low-density residential lots; and
(3) Generally, parcels of land not more than five acres; provided it may include other
parcels of land which are surrounded by, or contiguous to this district, and are not
suited to low-density residential uses for small farm or agricultural uses.
The property was created on April 29, 1985 as one of 27 lots in the Kanehoa
Estates Subdivision. Surrounding lands are located within the State's Agricultural and
Rural Districts and the County's A-5a and RA-2a zoned districts. The Anekona Estates
Subdivision is located immediately to the west(makai) of the Kanehoa Estates
Subdivision. The Kamuela Plantations Subdivision is located to the east. These
subdivisions include mixed residential and small farm uses as well as vacant lands.
Finally, there is a vacant 1,962-acre parcel to the north across Kawaihae Road which is
zoned A-40a. These subdivisions include primarily residential uses with some
agricultural uses and vacant lands. From 1998 to 2006, the County Council approved 32
similar requests for State Land Use Boundary Amendments from the Agricultural to the
Rural districts, and Change of Zones from A-5a to RA-2a in the Kanehoa Estates
Subdivision and adjacent Anekona Estates Subdivision.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines the
permissible uses within the Rural district. This states: "(a) Permissible uses within
the rural district shall include the following activities: (1) All uses permitted under
section 15-15-25 relating to agricultural uses and those uses that are compatible within
the agricultural district; (2) Low-density residential uses with a minimum lot size of one-
half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..."
The proposed boundary amendment from the Agricultural to Rural district is
necessary in order for the applicant to subdivide its property into two lots of 2.858 and
2.64 acres in size. The minimum lot size in the State's Agricultural district is 1 acre
whereas the minimum lot size in the State's Rural district is one-half acre. The applicant
has stated that the 5.497 acre parcel will be subdivided into two residential/agricultural
lots.
-2-
According to HRS 205-3.5, Reclassification of land contiguous to an agricultural district;
approval conditions:
a) Any decision approving a petition for a boundary amendment pursuant to this chapter
where lands in the petition area are contiguous or adjacent to lands in the agricultural
district, shall include the following conditions in the decision granting approval:
(1) A prohibition on any action that would interfere with or restrain farming
operations; provided the farming operations are conducted in a manner consistent
with generally accepted agricultural and management practices on adjacent or
contiguous lands in the agricultural district; and
(2) Notification to all prospective developers or purchasers of land or interest in land
in the petition area and subsequent notification to lessees or tenants of the land,
that farming operations and practices on adjacent or contiguous land in the
agricultural district are protected under chapter 165, the Hawaii right to faun act,
and that the notice shall be included in any disclosure required for the sale or
transfer of real property or any interest in real property.
As the subject property is adjacent on all sides to parcels located in the State Land Use
Agricultural District, the above will be added as conditions of approval.
Based on the foregoing, the requested boundary amendment and subsequent
subdivision would be consistent with the permissible uses of the Rural district.
The proposed Rural boundary amendment request would be consistent with,
among others, the Land Use(Single Family Residential)policies of the General Plan:
• Rural-style residential-agricultural developments, such as new small-scale
rural communities or extensions of existing rural communities, shall be
encouraged in appropriate locations.
• Review and amend land use ordinances and codes to include considerations
for rural-style residential subdivisions in appropriate locations. Standards and
criteria for the establishment of these areas shall be developed.
-3-
The proposed Rural boundary amendment request also conforms to the General
Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area
as Rural. The General Plan's Rural designation includes existing subdivisions in the
State Land Use Agricultural and Rural districts that have a significant residential
component. The Kanehoa Estates Subdivision, as well as adjacent subdivisions, includes
a mix of rural-residential and limited agricultural activities. This boundary request would
allow a rural development for residential-agricultural uses that will complement the
existing and future residential-agricultural land use patterns of the immediate vicinity.
While the property is within the State Land Use Agricultural and County's Agricultural
(A-5a) zoned districts, the property is developed and not currently being used for active
agricultural purposes. The property is unclassified by the Agricultural Lands of
Importance to the State of Hawai`i (ALISH) System. Soils within the property are
classified as "E" or"Very Poor" for agricultural productivity by the Land Study Bureau.
While the potential for agricultural uses may exist, the soil conditions within the property
and surrounding area would make it difficult for sustained agricultural activities from
being conducted on the site. Based on the above findings, the granting of the Rural
boundary amendment would complement and implement the General Plan.
All utilities and services are available to the property, which are essential to
accommodate rural development. Access to the site is from `Ouli Street, a private
roadway with a 50-foot right-of-way with 16 feet of asphalt paving and grass swales.
Both proposed lots will have direct access off of`Ouli Street. According to the
Department of Water Supply(DWS), County water is available to the property via a 5/8-
inch meter which is adequate for one dwelling at an average daily usage of 600 gallons.
A second water meter can be made available to the proposed lot. The applicant will be
responsible for facilities charges as well as installing a service lateral to supply the new
meter. If required by DWS, the applicant will be responsible for conveying
improvements to the water board prior to granting of water meter services. The proposed
lot will utilize an individual wastewater treatment system meeting with the approval of
the Department of Health. Solid waste will be disposed of at the Waimea transfer station.
-4-
The subject property is in Zone "X", which is an area determined by FEMA to be outside
the 500-year flood plain. All development-generated storm runoff will be disposed of on
site and not allowed onto adjacent properties or roadways. Police, fire, and emergency
services are available nearby in Waimea. All essential utilities are available to the project
site. Thus, all essential infrastructure is available to support he requested boundary
amendment to the Rural district.
Finally,the boundary amendment would conform to the following goals,
objectives and/or policies articulated in the Hawaii State Plan relating to Socio-
cultural advancement- Housing objectives and policies:
(a) Planning for the State's socio-cultural advancement with regard to housing shall
be directed towards achievement of the following objectives:
(1) Greater opportunities for Hawai`i'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 Hawai`i'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 Hawai`i through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
-5-
Based on the above, the approval of the State Land Use Boundary Amendment from the
Agricultural to the Rural District complements the State Land Use Regulations and is supportive
of the State of Hawai`i Plan and the County of Hawai`i General Plan.
The accompanying draft bill to amend the State Land Use Boundaries Map is provided
for your favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
-6-
. Mtv os .
COUNTY OF HAWAII STATE OF HAWAII
•��tt OF MPS'`, • '
BILL NO.
ORDINANCE NO. ( f.1°Jet p r ET)
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT KANEHOA SUBDIVISION,
SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:013.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Kanehoa Subdivision,
South Kohala, Hawai`i, shall be Rural:
Beginning at a pipe found at the Northeast corner of this parcel of land. Said
point of beginning also being the Northwest corner of Lot 11 Kanehoa Subdivision (File
Plan 1845) being also a point on the South boundary of Kawaihae-Waimea Road (F.A.P.
NRH 11-C) the coordinates of said point of beginning referred to Government Survey
Triangulation Station"PUU PA",being 12,167.25 feet North and 11,520.63 feet West
and running by true Azimuths measured clockwise from true South:
1. 189° 52' 886.42 feet along the West boundary of Lot 11
Kanehoa Subdivision(File Plan 1845) and
along the remainder of Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
2. 94° 01' 40" 138.00 feet along the North boundary of Ouli Street,
Kanehoa Subdivision (File Plan 1845) and
along the remainder of Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
Thence along a curve to the right having a radius of 175.00 feet the direct chord azimuth
and distance being;
3. 141° 56' 50" 185.55 feet along the Northeast boundary of Ouli
Street, Kanehoa Subdivision(File Plan 1845)
and along the remainder of Royal Patent
2237, L.C. Aw. 8518-B Apana 1 to James
Young Kanehoa to a point;
4. 189° 52' 729.92 feet along the East boundary of Ouli Street,
Kanehoa Subdivision (File Plan 1845) and
along the remainder of Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
Thence along a curve to the right having a radius of 20.00 feet the direct chord azimuth
and distance being;
5. 231° 56' 50" 26.81 feet along the East boundary of Ouli Street,
Kanehoa Subdivision(File Plan 1845) and
along the remainder of Royal Patent 2237,
L.C. Aw. 8518-B Apana 1 to James Young
Kanehoa to a point;
6. 274° 01' 40" 258.37 feet along the South boundary of Kawaihae-
Waimea Road(F.A.P. NRH 11-C) to the
point of beginning and containing an
area of 5.497 Acres more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that farming operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all of
the proposed lots.
-2-
B. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter
165, the Hawai`i Right to Farm Act; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
SECTION 3. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
AGRICULTURAL TMK:(3)6-2-009:013
AGRICULTURAL TO RURAL AGRICULTURAL
5.497 ACRES
1
KAWAIHAE RD
I
i2,1GR25'h'
11,520.63'W'"PU'L'PA"v)
J
AGRICUL- p
TURAL
AGRICUL-
TURAL
isi
URAL
ritt K
RURAL
RURAL/ AGRIC
AGRICUL URAL AGRICU"TURAL
_ N
11111111111111111=11111111.11111.111 1 Feet
0 250 500 1,000 1,500 2,000
AMENDMENT TO THE STATE LAND USE
BOUNDARIES MAPS
AMENDING THE STATE LAND USE BOUNDARIES MAP
FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT
AT KANEHOA SUBDIVISION, SOUTH KOHALA, HAWAI'I
MAP PREPARED BY:
COUNTY OF HAWAII, PLANNING DEPARTMENT
TMK:(3)6-2-009:013 DATE:August 19,2015
Shively
EXHIBIT "A" Map 15-192
R ShivelyREZ.doc-11.10.15
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KURT SHIVELY AND JASON SHIVELY
CHANGE OF ZONE APPLICATION (REZ 15-000195)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony,the Planning Director reserves the right to modify and/or
alter this recommendation based upon additional information presented at the public hearing.
This favorable recommendation is based on the following findings:
The applicants request a Change of Zone from A-5a to RA-2a to subdivide the
property into two lots approximately 2.858 and 2.64 acres in size. There is currently a
farm dwelling on the northern portion of the property which was constructed in 2014.
Upon approval of the request, the applicant plans to build a single-family dwelling for
their daughter on the newly created lot. In order to consider an area for any type of
zoning designation,the applicable goals,policies and standards of the General Plan must
be adequately addressed. It is only through such a comprehensive policy analysis
approach that evaluations and decisions can be made to better time and stage
developments to achieve growth determined by the General Plan and related planning
documents. The implications of these evaluations and decisions must also be considered
as they may have an impact on similar areas in the County.
The Change of Zone Application from an Agricultural (A-5a)to Residential
and Agricultural (RA-2a) zoned district will conform to the following goals,policies
and standards of the General Plan. The General Plan is 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 goals, policies and
standards are set forth to physically plan the lands in the County in the best interest of the
island's residents. Land use is one of the principal focal points of public concern and
policy. The Land Use Element provides the primary basis for direct control and guidance
of publicly and privately owned resources.
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 property is designated Rural. This
designation includes existing subdivisions in the State Land Use Agricultural and Rural
districts that have a significant residential component. Typical lot sizes vary from 9,000-
square feet to two acres. These subdivisions may contain small farms, wooded areas, and
open fields as well as residences. Allowable uses within these areas, with appropriate
zoning, may include commercial facilities that serve the residential and agricultural uses
in the area, and community and public facilities. The applicant's request for RA-2a
zoning conforms to the Rural designation in that the proposed 2.5+/- acre lot size is
consistent with lot sizes typically found in rural areas and the surrounding properties
consist mainly of residential lots and small farms.
The property is not considered important agricultural land as it is unclassified on
the ALISH Map and is classified as very poor by the Land Study Bureau, which
determines productivity ratings of agricultural lands. The northern portion of the
property is improved with a dwelling. The property is not currently being used for
agriculture. Surrounding lands are located within the State's Agricultural and Rural
Districts and the County's A-5a and RA-2a zoned districts. The Anekona Estates
Subdivision is located immediately to the west (makai) of the Kanehoa Estates
Subdivision. The Kamuela Plantations Subdivision is located to the east. These
subdivisions include mixed residential and small farm uses as well as vacant lands.
Finally, there is a vacant 1,962-acre parcel to the north across Kawaihae Road which is
zoned A-40a. From 1998 to present, the County Council has approved 32 similar
requests for State Land Use Boundary Amendments from the Agricultural to Rural
Districts and Change of Zones from A-5a to RA-2a in the Kanehoa Estates Subdivision
and Anekona Estates Subdivision. The proposed change of zone would complement the
-2-
existing and predominately rural residential land uses in the surrounding area and is
consistent with the General Plan designation for the area.
As areas that were once used for agriculture become more rural and urban in
character there is a greater potential for conflicts and nuisance complaints arising from
residences being located next to farms and other agricultural operations. State law
requires that for boundary amendments to the Rural or Urban districts where the lands are
adjacent or contiguous to existing lands within the Agricultural district shall include
notification to owners and prospective buyers that farming operations are protected from
nuisance complaints under the Hawai`i Right to Farm Act. Conditions of approval will
be included to protect agricultural operations in the area from nuisance complaints.
`Ohana dwellings may be allowed in the proposed State Land Use Rural District
and County RA-2a zoned district; however, State law limits dwellings in the Rural
district to no more than one dwelling per half acre. Should this request be approved, the
applicant may normally apply for an `Ghana Dwelling Permit, allowing the construction
of a second dwelling unit as a separate or attached unit on both lots. Because this request
would allow the existing parcel to be subdivided and subsequently allow the creation of a
second lot, an additional dwelling may be constructed, doubling the existing density of
the area. Although the Planning Director supports this rezoning request to allow a two-
lot subdivision with one dwelling on each lot,the potential to allow four(4)dwellings
may contribute to a cumulative burden on the existing infrastructure which cannot be
supported. The applicants have represented that they will record restrictive covenants on
both lots prohibiting a second dwelling in order to preserve the residential-agricultural
ambiance of their property. The Planning Director agrees with this approach, therefore, a
condition is included in the change of zone ordinance to prohibit a second dwelling unit
and a Condominium Property Regime on each lot, consistent with the applicant's
representations.
All utilities and services are available to the site. Access to the site is from
`Ouli Street, a private roadway with a 50-foot right-of-way with 16 feet of asphalt paving
and grass swales. Both proposed lots will have direct access off of`Ouli Street.
According to the Department of Water Supply(DWS), County water is available to the
-3-
property via a 5/8-inch meter which is adequate for one dwelling at an average daily
usage of 600 gallons. A second water meter can be made available to the proposed lot.
The applicant will be responsible for facilities charges as well as installing a service
lateral to supply the new meter. If required by DWS,the applicant will be responsible for
conveying improvements to the water board prior to granting of water meter services.
The proposed lot will utilize an individual wastewater treatment system meeting with the
approval of the Department of Health. Solid waste will be disposed of at the Waimea
transfer station. The subject property is in Zone "X", which is an area determined by
FEMA to be outside the 500-year flood plain. All development-generated storm runoff
will be disposed of on site and not allowed onto adjacent properties or roadways. Police,
fire, and emergency services are available nearby in Waimea. All essential utilities are
available to the project site. A small portion in the northeast corner of the subject
property is identified as a Formerly Used Defense Site(FUDS)by the U.S. Army Corps
of Engineers,who will manage the investigation, clean-up and long-term monitoring on
lands formerly used as an artillery firing range.
Based on the above findings, approval of this change of zone request from an
Agricultural 5-acre(A-5a)to a Residential and Agricultural-2 acre(RA-2a) zoned district
would result in an appropriate land use pattern that will further benefit the general public.
The accompanying draft bill to amend Section 25-8-7 (North and South Kohala
Zone Map), Chapter 25 (Zoning Code)of the Hawai`i County Code, is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
-4-
Vosk ''
COUNTY OF HAWAII �'��s""'�' � ' STATE OF HAWAII
BILL NO.
ORDINANCE NO. p ^11Nti - — '
AN ORDINANCE AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA
DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a)TO RESIDENTIAL
AND AGRICULTURAL—TWO ACRES (RA-2a)AT KANEHOA SUBDIVISION, SOUTH
KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-2-009:013.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kanehoa Subdivision,
South Kohala, Hawaii, shall be Residential and Agricultural—Two Acres (RA-2a):
Beginning at a pipe found at the Northeast corner of this parcel of land. Said
point of beginning also being the Northwest corner of Lot 11 Kanehoa Subdivision(File
Plan 1845)being also a point on the South boundary of Kawaihae-Waimea Road(F.A.P.
NRH 11-C)the coordinates of said point of beginning referred to Government Survey
Triangulation Station"PUU PA",being 12,167.25 feet North and 11,520.63 feet West
and running by true Azimuths measured clockwise from true South:
1. 189° 52' 886.42 feet along the West boundary of Lot
11 Kanehoa Subdivision(File Plan
1845) and along the remainder of
Royal Patent 2237, L.C. Aw. 8518-B
Apana 1 to James Young Kanehoa to
a point;
-1-
2. 94° 01' 40" 138.00 feet along the North boundary of
Ouli Street, Kanehoa Subdivision
(File Plan 1845) and along the
remainder of Royal Patent 2237, L.C.
Aw. 8518-B Apana i to James
Young Kanehoa to a point;
Thence along a curve to the right having a radius of 175.00 feet the direct chord azimuth
and distance being;
3. 1410 56' 50" 185.55 feet along the Northeast boundary of
Ouli Street, Kanehoa Subdivision
(File Plan 1845) and along the
remainder of Royal Patent 2237, L.C.
Aw. 8518-B Apana 1 to James
Young Kanehoa to a point;
4. 189° 52' 729.92 feet along the East boundary of Ouli
Street, Kanehoa Subdivision(File
Plan 1845) and along the remainder of
Royal Patent 2237, L.C. Aw. 8518-B
Apana 1 to James Young Kanehoa to
a point;
Thence along a curve to the right having a radius of 20.00 feet the direct chord azimuth
and distance being;
5. 231° 56' 50" 26.81 feet along the East boundary of Ouli
Street, Kanehoa Subdivision(File
Plan 1845) and along the remainder of
Royal Patent 2237, L.C. Aw. 8518-B
Apana 1 to James Young Kanehoa to
a point;
6. 274° 01' 40" 258.37 feet along the South boundary of
Kawaihae-Waimea Road (F.A.P.
NRH 11-C)to the point of beginning
and containing an area of 5.497
Acres more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
-2-
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition),the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health,
safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
CShivelyREZ.doc 11.10.15
KURT SHIVELY AND JASON SHIVELY
CHANGE OF ZONE APPLICATION (REZ 15-000195)
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. The applicant(s), its successors or assigns shall be responsible for complying with
all requirements of Chapter 205, Hawai`i Revised Statutes,relating to permissible
uses within the State Land Use Rural District.
C. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that fanning operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all of
the proposed lots.
D. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter
165, the Hawai`i Right to Farm Act;provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
E. A portion of the subject property is identified as a Formerly Used Defense Site
(FUDS)by the U.S. Army Corps of Engineers, who will manage the
investigation, clean-up and long-term monitoring on lands formerly used as an
artillery firing range. For more information, please contact Honolulu District
Public Affairs,US Army Corps of Engineers 808-835-4004/4002,
http://www.poh.usace.army.mil/Missions/Environmental/FUDS.aspx or
www.poh.usace.an-ny.mil.
F. Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance.
G. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s)to be
recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
H. The applicant shall construct necessary water system improvements as required
by the Department of Water Supply, which may include,but not be limited to a
service lateral and an additional water meter, prior to Final Subdivision Approval.
I. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
J. All earthwork (including grubbing) and grading shall conform to Chapter 10,
Erosion and Sediment Control, of the Hawai`i County Code.
K. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
L. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources—
State Historic Preservation Division(DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
N. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
O. An initial extension of time for the performance of conditions within the
-2-
ordinance may be granted by the Planning Director upon the following
circumstances:
I. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e., a condition to be performed
within one year may be extended for up to one additional year).
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the property to its original or more
appropriate designation.
-3-
A-40a
AGRICULTURAL-FIVE ACRES(A-5a)TO A-40a
RESIDENTIAL AND AGRICULTURAL-TWO ACRES(RA-2a)
6.497 ACRES
KAWAIHAE RD
A-
5a
I!
O 72,767.25'N
tt,52G.e3-W
WPA"
z
Y j
A-5a
A-5a
KANEHOA PE
RA-2a
A-5a ' A-5a
A-5a A-5a A 5a A 5a RA-2a
A-5a
RA-2a
N
A 5a
Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - FIVE ACRES (A-5a)TO
RESIDENTIAL AND AGRICULTURAL -TWO ACRES (RA-2a)
AT KANEHOA SUBDIVISION, SOUTH KOHALA, HAWAII
MAP PREPARED BY:
TMK:(3)6-2-009:013 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:August 19,2015
Shively
EXHIBIT"A" Mao: 1366
QD
06
LLI o o
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LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
NOVEMBER 19, 2015
A regularly advertised hearing on the applications of KURT SHIVELY AND JASON SHIVELY
(SLU 15-044/REZ 15-195) was called to order at 9:34 a.m. in the West Hawaii Civic Center,
Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with
Chairman Brandi Beaudet presiding.
COMMISSIONERS PRESENT: Brandi Beaudet, Scott Church, Collin Kaholo, Barbara Nobriga,
Sonny Shimaoka, Keith Unger and Thomas Whittemore
ALSO PRESENT: Bobby Command (Deputy Planning Director), Jeff Darrow (Planner),
Maija Jackson (Planner) and Noriko Sauer (Commission Secretary)
And none from the public in attendance.
APPLICANTS: KURT SHIVELY AND JASON SHIVELY (SLU 15-044/REZ 15-195)
Applications for a State Land Use Boundary Amendment from an Agricultural to a Rural district and
a Change of Zone from an Agricultural-5 acres (A-5a) to a Residential and Agricultural-2 acres (RA-
2a) zoning district for 5.497 acres of land. The property is located in the Kanehoa Subdivision, on
the north side of Kawaihae Road in the vicinity of the 62 mile marker at `Ouli, South Kohala,
Hawai`i, TMK: 6-2-009:013
BEAUDET: So today we have one agenda item. Application is Kurt Shively and Jason Shively, and
we'll start with SLU 15-044 and follow that with the rezoning application, 15-195. Staff?
JACKSON: Thank you, Mr. Chair. Good morning, everyone. So I'm going to do a combined
presentation, and then when you take the vote, if you could take them separately, that would be really
good.
The applicants are Kurt Shively and Jason Shively. They are requesting a State Land Use Boundary
Amendment and a Change of Zone application. The subject property is located in the South Kohala
District, and, it's difficult to see the property but it's outlined in black here on the right side of the
slide. You have Kawaihae Road running through the middle of the slide in the east-west direction.
And, let me zoom in a little further here, so this is the subject property; it's just south of Kawaihae
Road and just east of 'Ouli Street in the Kanehoa Subdivision. The zoning of the property is
currently Agricultural-5 acres, which is shown in the light green color. And the applicant is
requesting Residential Agricultural-2 acres zoning, which you can see there's quite a few other
properties in the subdivision that are shown in the yellow color that are already zoned RA-2a.
This is the General Plan Map for the area; the entire subdivision is in the Rural District. And this is
the State Land Use Map for the area; you can see the subject property again on the right side of the
slide, it's currently in the Agricultural District, but several of the properties in the subdivision have
1 Re: Bills 130 & 131/Comm. 616
DRAFT
their district boundary changed over the years to the Rural District, which is shown in the yellow
color.
This is an aerial photo of the property. Again, you have Kawaihae Road on the top of the slide, `Ouli
Street coming off of Kawaihae Road, and the subject property outlined in yellow. You can see the
predominant land use pattern in the area is residential, and there is currently a single-family dwelling
on the property.
The applicant is requesting a State Land Use Boundary Amendment from Agricultural to the Rural
District, and a Change of Zone from Agricultural-5 acres to Residential and Agricultural-2 acres for
approximately 5.497 acres. And the reason for the request, the applicant would like to subdivide the
property into two lots in order to convey one of the lots to their daughter in order to construct a
single-family dwelling. As I mentioned there is an existing farm dwelling on the northern portion of
the lot that was constructed recently, and if the request is approved, the applicant would construct a
new dwelling on the new lot for their daughter.
This is the applicant's proposed subdivision plan. Kawaihae Road would be here at the top of the
slide, `Ouli Street runs to the left side of the slide here, this is the existing single-family dwelling, and
then the subdivision would be approximately in half, so this would be the newly created lot on the
bottom here. Just going back here, access currently to this dwelling is off of `Ouli Street; there is no
access allowed off of Kawaihae Road. And the access to the new lot would also be off of `Ouli
Street.
These are photos of the site. This is a view of the existing dwelling on the northern portion of the
property, and I believe that is looking from `Ouli Street into the driveway. And then this is a view of
the vacant southern portion of the property, approximately where the new dwelling would be located.
This is looking north at the existing dwelling from `Ouli Street, so this is looking back, Kawaihae
Road would be behind the house further in the back, and the new dwelling would be located in this
general area here. And then this is looking south at the vacant portion of the property; I think the
photo was taken from the existing dwelling. And then this is a photo of the intersection of `Ouli
Street from Kawaihae Road; so this is Kawaihae Road in the foreground and then `Ouli Street leading
off of there, you can kind of see the existing driveway on the left side of the slide.
The Planning Director is recommending a favorable recommendation for the State Land Use
Boundary Amendment and the Change of Zone request. That concludes my presentation. Are there
any questions?
BEAUDET: Commissioners, any questions of staff? Okay, with that, thank you, Maija. Would the
applicant or its representative please step forward at this time? Right at the table there. You can sit
and, right behind you, behind you.
L. SHIVELY: Oh sorry. Do we stand or sit?
BEAUDET: You can, you may sit, please. I'll have to swear the both of you in. Could you please
raise your right hands? Do you swear or affirm to now tell the truth before the Leeward Planning
Commission?
2
DRAFT
SHIVELYS: Ido.
BEAUDET: Thank you. Please state your name and speak into the mike.
L. SHIVELY: My name is LaDonna Shively.
K. SHIVELY: And I'm Kurt Shively.
BEAUDET: Thank you. I'm assuming that you had the opportunity to look at the conditions as
proposed by the Planning Department, and if you have any comments on them or anything else to
share on the application itself, this is now your time.
L. SHIVELY: We've read all the conditions and we understand the whole process. Thank you for
your time.
K. SHIVELY: I guess that's all.
BEAUDET: Commissioners, any questions or discussion with the applicant? Okay, with that, I see
that there has been no one here to sign up for any type of testimony. So with that, you can step back
to your seats now. Thank you. Appreciate it. I just, I had a question, and this is for staff, though. Is
it necessary to, in order to rezone, is it necessary for us to change from Ag to Rural when the area is
designated as Rural already as far as the State is concerned?
JACKSON: So the area is designated as Rural in the General Plan, but it is currently in the
Agricultural District. So in order to apply for the Residential Agricultural zoning, they have to
change the District to Rural as well. So, yes, it is necessary.
BEAUDET: I just wanted to state that for the record. Thank you. Commissioners, any further
discussion before we move forward with the process? Okay, with that, I'd like to ask for a motion.
WHITTEMORE: I'd like to make a motion. Request a State Land Use Boundary Amendment from
Agricultural to Rural, amending the application, SLU 15-000044.
SHIMAOKA: I second.
BEAUDET: It has been moved by Commissioner Whittemore and seconded by Commissioner
Shimaoka for a favorable recommendation. Are we going to vote independently or?
JACKSON: Yes, please. Okay. Commissioner Whittemore?
WHITTEMORE: Aye.
JACKSON: Commissioner Shimaoka?
SHIMAOKA: Aye.
3
DRAFT
JACKSON: Commissioner Church?
CHURCH: Aye.
JACKSON: Commissioner Kaholo?
KAHOLO: Aye.
JACKSON: Commissioner Nobriga?
NOBRIGA: Aye.
JACKSON: Commissioner Unger?
UNGER: Aye.
JACKSON: And Chair Beaudet?
BEAUDET: Aye.
JACKSON: Okay, the motion passes, seven-zero.
BEAUDET: With that, I'd like to ask for a motion on Rezoning Application 15-000195.
WHITTEMORE: I'd like to make a motion. Change of Zone Application, REZ 15-000195,
requesting a change of zoning from Ag-5a to RA-2a, be approved, favorable recommendation, excuse
me.
CHURCH: Second.
BEAUDET: Okay, it has been moved by Commissioner Whittemore for a favorable
recommendation and seconded by Commissioner Church for Rezoning Application 15-000195.
JACKSON: Okay. Commissioner Whittemore?
WHITTEMORE: Aye.
JACKSON: Commissioner Church?
CHURCH: Aye.
JACKSON: Commissioner Kaholo?
KAHOLO: Aye.
4
DRAFT
JACKSON: Commissioner Nobriga?
NOBRIGA: Aye.
JACKSON: Commissioner Shimaoka?
SHIMAOKA: Aye.
JACKSON: Commissioner Unger?
UNGER: Aye.
JACKSON: And Chair Beaudet?
BEAUDET: Aye.
JACKSON: Okay, the motion passes, seven-zero.
L. SHIVELY: Thank you.
The discussion ended at 9:45 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
5
DRAFT