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HomeMy WebLinkAboutCOM 0244.000 1998-2000 ~+4!,. William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho Deputy Managing Director aAiYai•M~i' ~IIUnfg of ~ttfuttii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720.4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808) 326-5663 - Apri19, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 99-002) Applicant: Lewis C. Altenburg Request: A-Sa to FA-2a or A-2a Tax Map Key: 7-5-13:8 State Land Use Boundary Amendment Application (SLU 99-002) Request: Agricultural to Rural Change of Zone Application (REZ 99-003) Request: A-5a to RA-2a Applicant: Robert P. Marx Tax Map Key: 6-2-11:27 Proposed Street Name Ka'awaloa Orchards Ka'awaloa, South Kona, Hawaii Proposed Street Name Puukapu Homesteads, 1st Series Waimea, South Kohala, Hawaii Qrl1 6¢ Comm. No. Ptile No. ZMCa~ICN Ref, To: P C Ref. Date- APR 1 $ }l,~l Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Apri19, 1999 Change of Zone Ordinance No. 94-78 (REZ 767) Applicant: Big Island Country Club and Estates Request: Amendment to Condition M (Complete Construction of Proposed Facilities) Tax Map Key: 7-1-5:9. 10. 22. 26. 28-34. 39-41.58 and 59 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. ~~incegcl}~ = Stephen K. Yamashiro /~J Mayor IA40199.MAY Enclosures cc: Planning Department Mtr a. Stephen K. Yatnashiro ~ ~ Mayor eF:~. ~•Oi~Nr'~ ~IIlYxt~~1 II~ ~I~ItItT PLANNING COMMISSION 2s Aupuni street, Room 109 • Hib, w.nii %720d2s2 , - (808) 961-8288 Fu (808) 961-961s - APR 0 9 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Deaz Chairman Arakaki and Members: Change of Zone Application (REZ 99-002) Applicant: Lewis C. Altenburg Request: A-Sa to FA-2a or A-2a Tax Map Key: 7-5-13:8 The Planning Commission, after a duly held public heazing on April 1, 1999, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 5.193 t acres of land from Agricultural (A-Sa) to Agricultural (A-2a) or Family Agricultural (FA-2a). The property is located on the mauka side of Mamalahoa Highway and immediately north of the Hualalai Memorial Pazk, Hienaloli 5th & 6th, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality 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 other similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed Change of Zone from an Agricultural (A-Sa) to Agricultural (A-2a) or in the alternative Family Agricultural (FA-2a) zoned district would conform to the following goals, policies and standards of the Land Use and Agriculture Elements of the General Plan: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Protect and encourage the intensive utilization of the County's limited prime agricultural lands. o The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Agricultural land shall be used as one form of open space or green belt. While the potential for agricultural uses may exist, the project site soils are classified as Honaunau extremely rocky silty clay loam (HRD), 6 to 20 percent slopes. This surface layer is very dark brown silt loam about 6 inches thick. Rock outcrops occupy 25 to 50 percent of the surface of this soil. Included in mapping are small areas of less than 20 inches deep over pahoehoe lava bedrock. Permeability is rapid, runoff is slow, and the erosion hazard is slight. These soils are used for pasture. Soils within the subject property have been classified as "C" (Fair) for agricultural productivity by Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property is unclassified by the ALISH system. The requested Agricultural (A-2a) or Family Agricultural (FA-2a) zoning will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Orchard" designation by the General Plan LUPAG Map. These are lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products. The subject property is located within the Kona coffee belt. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standazds and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationships among the various land uses. The LUPAG Map establishes the basic urban and non-urban land use pattern for areas within the County. The requested zone change conforms to the LUPAG Map, which designates the azea for Orchards. The property is presently cleared and the applicant intends to cultivate a small scale coffee farm and sell one of the other lots to a person with similar interests. The applicant's proposal to subdivide the subject property into two parcels of approximately 2.193 to 3.00 acres in size is consistent with the land use designation. The lot sizes will provide opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 5-acre pazcels. The Land Study Bureau's Soil Rating for the subject property is "Class C" or "Fair." The Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the property as "Unclassified." The primary reason for this request is to subdivide the subject property into two (2) lots. The lands will continue to be used for the cultivation of crops. Therefore, the reclassification of this 5.193-acre parcel from Agricultural-5 acre (A-5a) zoned district to Agricultural (A-2a) or Family Agricultural (FA-2a) will not be detrimental to the area. The requested change of zone would be in conformance with the intent and purpose of the State Land Use Law. A condition of this approval recommendation will require the applicant to comply with the requirements of the State Land Use Law and the Zoning Code. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed agricultural use. Lands surrounding the subject property are zoned Agricultural (A-Sa). Keopu Heights Subdivision, zoned A-la and A-Sa, is located approximately Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 one mile to the north and consists of minimum 1-acre and 5-acre lot sizes. Hualalai Farm Lots is located east of the subject property, zoned A-Sa and consists of minimum 5-acre parcels. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are no known historic, archaeological or cultural features on the site and no rare, threatened, or endangered species of either flora or fauna. Water for the proposed project can be made available from an existing 8-inch waterline that fronts the subject property. All other essential utilities and services can or will be made available to the subject development. All access improvements shall comply with the Department of Public Works requirements. A condition of approval is being included to ensure that these infrastructural improvements are installed. Based on the foregoing, the approval of the Change of Zone request from an Agricultural (A-Sa) to Agricultural (A-2a) or Family Agricultural (FA-2a) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-3 or Section 25-87, the North Kona Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, eonard Tanaka, Chairman Planning Commission LAIten02.PC Enclosures cc: Mr. Sidney Fuke Mr. Lewis C. Altenburg Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu BAIteu0l.emm-3/9/99 COUNTY OF AAWAII PLANNING DEPARTMENT BACKGROUND REPORT LEWIS C. ALTENBURG C AN . OF PP .I ATION F.. 99-0021 LEWIS C. ALTENBURG has submitted an application for a Change of Zone by changing the district classification from Agricultural (A-Sa) to Agricultural (A-2a) or Family Agricultural (FA-2a) for approximately 5.193 acres of land. The property is located on the mauka side of Mamalahoa Highway and immediately north of the Hualalai Memorial Park, Hienaloli 5th and 6th, North Kona, Hawaii, TMK: 7-5-13:8. GFNF.R A T .INFORMATION 1. Land Ownership: Lewis C. Altenburg is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicant is proposing to change the district classification from Agricultural (A-Sa) to Agricultural (A-2a) or Family Agricultural (FA-2a) for approximately 5.193 acres of land. 3. Objectives: "The applicant, Lewis C. Altenburg, is requesting a 5.193 acre pazcel to be rezoned from Agriculture (A-Sa) to Agriculture (2-a) in Hienaloli 5th and 6th, North Kona, Hawaii. The property is located on the mauka side of the Mamalahoa Highway or the North Kona Belt Road (Highway 180) and immediately north of the Hualalai Memorial Pazk. "If approved, the applicant intends to subdivide the 5.193 acre parcel into two (2) lots, one consisting of 2+ acres, and the other, the balance. The applicant hopes to construct a dwelling and cultivate asmall-scale coffee farm on one of the lots and intends to sell the other to a person with similaz interests. "It should be noted that the applicant originally planned to apply for the Family- Agriculture (FA-2a) district. However, given the Circuit Court's recent decision to void the Zoning Code which, among other measures, created this district, the applicant is seeking the A-2a zone. Should, however, the FA-2a district be deemed available, ATTACH: C-244 (B-64) 1 the applicant has no objections to the rezoning of the subject property to either the FA-2a or A-2a district." 4. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -Change of Zone Application dated December 12, 1998) CTATE AND COUNTY PLANS 5. SLU: Agricultural. 6. Hawari State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for North Kona. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Orchards. This designation refers to lands which though rocky in chazacter and content support productive macadamia nuts, papaya, citrus and other similaz agricultural products. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa). 10. SMA: The property is not situated within the Special Maz~agement Area. D ~ TPTiON OF C[TR.TR(`T PROPERTY ciTRRO 1N RF.A 11. Property: The subject property has a total azea of 5.193 acres. The property is rectangulaz shaped, and is located adjacent to the Hualalai Memorial Pazk. There aze no structures and cattle grazing presently exists on the lower half of the property. 12. Surrounding Zoning/Land Uses: Surrounding lands aze located within the State's Agricultural District and in the County's Agricultural 5-acre zoned district. Keopu Heights Subdivision, zoned A-la and A-Sa, is located approximate one mile to the north and consists of minimum 1-acre and 5-acre lot sizes. Hualalai Fazm Lots, zoned A-Sa, is located adjacent to the north and east of the subject property and consists of minimum 5-acre lot sizes. These subdivisions include single-family residential and agricultural uses and/or vacant lands. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands -2- of Importance to the State of Hawaii (ALISH) Map. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property aze classified as "C" (Fair). 15. U.S. Soil Survey: The soils aze classified as Honaunau extremely rocky silty clay loam (HRD), 6 to 20% slopes. This surface layer is very dazk brown silt loam about 6 inches thick. Rock outcrops occupy 25 to 50 percent of the surface of this soil. Included in mapping aze small azeas of less than 20 inches deep over pahcehce lava bedrock. Permeability is rapid, runoff is slow, and the erosion hazard is slight. These soils aze used for pasture. The subject property is located within the Kona coffee belt. 16. FIItM: The subject property is located within Zone X, area determined to be outside the 500-yeaz flood plain. 17. F7ora/Fauna Resources: According to the applicants' environmental report, the site has akeady been cleazed by bulldozers and the azea was used for cattle grazing. Although no professional surveys were conducted, the natural vegetation occurring on the property consists of occasional patches of Lantana and Christmas berry. Mango and guava trees were also observed. No native fauna was observed on the site. The site is not known to be a habitat for any raze or endangered animal life. However, it would be possible to fmd the Hawaiian Hawk and Hawaiian Owl. 18. Archaeological Resources: According to the applicants' environmental report, the site was previously cleazed. Therefore, the proposed action will not have any effect on significant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any azchaeological sites be encountered during the course of development. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the property is off of North Kona Belt Road, which has aright-of- way width of 40 to 50 feet with an 18 to 20-foot agricultural standazd pavement. -3- 20. Water: Water is provided by an existing 8-inch waterline that fronts the subject property. 21. Wastewater: There is no municipal sewer system in the azea. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. 22. Utilities: Electrical and telephone services aze or will be made available to the property. AGENCIES' COMMENTS 23. Police Department (February 1, 1999 Memo): "We have reviewed the above-referenced application and do not believe the request will have any negative impact on police services or traffic conditions in the azea." 24. Fire Department (January 28, 1999 Memo): "We have no comments on the above-referenced Change of Zone Application." 25. Department of Finance-Real Property Taa (February 1, 1999 Memo): "The above referenced pazcel has received a preferential agricultural use assessment for pasture since 1996 and as such is subject to rollback taxes for the period covering the immediate past four yeazs in the event of a subdivision into parcel sizes of 5 acres or less. "The real property taxes aze current." 26. Department of Land and Natural Resources, Land Division (February 10, 1999 Letter): "We have reviewed the subject application and have no comments to offer regazding this matter. "Thank you for the opportunity to review this application." 27. Department of Health (February 1, 1999 Memo): "The subject lots aze located in the Critical Wastewater Disposal Area where cesspools aze not allowed. Any development of these lots would require all wastewater be disposed into a Septic Tank System." -4- 28. Department of Transportation (February 9, 1999 Letter): "Thank you for your transmittal requesting our comments on the subject application. "The proposed zone change will not impact our State transportation facilities. "We appreciate the opportunity to provide comments." 29. Department of Public Works: (Exlu'bit B -February 4, 1999 Memo and Applicant's Response -March 1, 1999 Letter) 30. Department of Water Supply: (Exhibit C -March 12, 1999 Memo) 31. Department of Land and Natural Resources- historic Preservation Division: (Exhibit D -February 24, 1999 Letta~) 32. Land Use Commission: (Exhibit E -January 29, 1999 Letter) 33. ApplicanNs Response to agencies: (Exhibit F -February 12, 1999 Letter) AGENCIES - NO RESPONSE 34. ~ Department of Agriculture, and Natural Resources Soil Conservation PUBLIC COMMENTS 35. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -5- APPLICATION FOR CHANGE OF ZONE COIINTY OF HAWAII PLANNING DEPARTMENT 3P~L,ICANT• Lewis `C. Altenburg APPLICANT' S SIGNATD'RE: v4-~-~ 15Z/~7~~er~~rs- DATE: ~ ~C ADD HESS: 5800 Lost Forest Drive Houston, Tx 77092-1500 0 - ~ ~ LIST APPLICANT'S INTEREST IF NOT OWNEA LIST PRINCIPAL(S) INCLIIDING NAMES OF MAIN OFFICERS -o • v 'TELEPHONE-3USINESS: (713) 683-7253 RESIDENCE: AEQIIEST: A-5a TO FA-2a or A-2a (Existing zoning) (Proposes zoning) TAX MAPTEY: 7-5-13: 8 AF.EA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.193 ac LnNDOWNER(S): ~ Same / OWNER' S SZG:7ATIIRE ~/u.",~ r ~~~u~~ f_ DATE:/d- .F~' ~ lMay be by et AGENT: Sidnev M Fuke ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 9b 720 TELEPHONE-BIISINESS: 969-1522 RESIDENCE: 961-6909 Please indicate to whom o=iginal correspondence and copies should be sent. ORIGINAL Sidney Fuke COPIES Mr. Lewis Altenburg ~~cH~~rx ( See Ir_s ~-nc moans in ? ATTACHMENT Agricultural Rezoning PLANNING DEPART;D;NT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject Yes land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requ8sted area do you intend to subdivide? All b. Into what lot sizes? 2+ sexes c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d.. Do you intend to build houses on the newly created lots? No If please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, ' would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdi~fiding the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) ;ice f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and ycur further plans for the land will alleviate the local housing situation? Yes How? Since a dwelling is permitted on the A-2a zoned lots, it should help with the overall land inventory indir=_ctly. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Y~=s Zf so, please list the kinds of products grown and on how many square feet or acres of land per product. Cattle grazing on the-lower half of the lot. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? YAs What kinds of commodity? Coffee, citrus, greenhouse, ornamental b. Suitablility of the proposed lot-size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes. This is intended to be foi individuals er families wishing to farm to supplemenT the family's income. d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. Please refer to Planning and Environmental Report Zf you do not intend to subdivide the subject land for same sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the Subject area? po If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? ii so, what kind? There could be some road widening at certain corners to increase sight distance. ' Is the road adequate for the proposed traffic volume or load? yoe 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x -z- Yes Yo e. Police Protection X c. Fire Protection x Recreational Facilities x h. Public Utilities x i. Other x ?or those checked "yes," please elaborate Nhat Cape or '.rinds of ie~orovements andior assistance are needed. ~ ' Signature: ~~/T ~ /~~~tw,~L Address: .~pdd L~S'i ~-o/~Ef~ 0~„ ~S7yN ~ j'~ '77o9z~i1'~•~ Telephone: 7/j- ~ ~ - 72 ~ Date: ~ l~//`'y COUNTY ENVIRONMENTAL REPORT REZONING REQUEST (A-Sa to FA-2a or A-2a) LEWIS C. ALTENBURG HIENALOLI 5th & 6th, NORTH KONA, HAWAII TAX vIAP KEY: (3) 7-5-Z3: 08 Prepared By Sidney Fuke, Planning Consultant January 1999 COUNTY ENVII2ONMENTAL REPORT COUNTY REZONING REQUEST (A-Sa to FA-2a or A-Za) LEWIS C. ALTENBURG TAX MAP KEY: (3) 7-5-13: OS HIENALOLI 5th & 6th, NORTH KONA, HAWAII L INTRODUCTION The applicant, Lewis C. Altenburg, is requesting a 5.193 acre parcel to be rezoned from Agriculture (A-Sa) to Agriculture (2-a) in ILienaloli 5th and 6th, North Kona, Hawaii. (See Figure 1) The property is located on the mauka side of the Mamalahoa Highway or the North Kona Belt Road (Highway 180) and immediately north of the Hualalai Memorial Park. If approved, the applicant intends to subdivide the 5.193 acre parcel into two (2) lots, one consisting of 2+ acres, and the other, the balance. The applicant hopes to construct a dwelling and cultivate asmall-scale coffee farm on one of the lots and intends to sell the other to a person with similar interests. It should be noted that the applicant originally planned to apply for the Family- Agriculture (FA-2a) district. However, given the Circuit Court's recent decision to void the Zoning Code which, among other measures, created this district, the applicant is seeking the A-2a zone. Should, however, the FA-2a district be deemed available, the applicant has no objections to the rezoning of the subject property to either the FA-2a or A-2a district. II. PROJECT LOCATION The subject area is located on the mauka side of the North Kona Belt Road, immediately north of the Hualalai Memorial Park. Kamalani Street, which serves as the principal access for the 5+ acre Hualalai Farms Subdivision, is located to its north. It is located midway between the village of Holualoa (approximately two (2) miles to its south) and the Keopu Heights Subdivision (approximately two (2) miles to its north). (See Figure 2). IIL PROJECT DESCRII'1TON A. Project Concept and Components The applicant previously cleared the land and used it for cattle grazing. However, given the size of the parcel, cattle grazing did not provide a reasonable agricultural economic return. That fact, combined with the 1 - :.oy - e/si__-'~ ^i- C ..,..ice __-J~~ ~5i3 ` L'e -~s /V3..3 _`ae. 15~ /'5.23-.ic. !58 n+• SOV: n<. 'f~Jl I ~ J •..e/ Cana O ~ n_. ^ ..~-r y \J' I er.l g ~ ~.wr. ~e .~'/t •fel1^ n v ease tji ~._i~ll ~ Seoo ~ .o,....bc- r-re.-ice C i _ . ~-~1~~~~ j,°51 -/vS.eae .ac. 'S4 "Q se_G ne. L s .tt y^e.... ; ' .~_V S. wm L s a /~/Sc.c,-.u ir'...n..a . , ..y.n. ~ G.u eau...: ~ ~Jl ~Y-e GSn~,rn ~6=~ 5./6C .+e. c '7 S.eo; no. fin: ~~IL` /c r?I ~s.z>s i' J. \~f,I `~-~~~^9/ ;5 /I- s. o' ~ "'~/r.a..:, as S.s ( 3.098 AC. ! _ ' . 3s LO.sI _ _ 34 cr. ~ ~ I A v. O~7-p ~l~T G. HOC NC ~ I ~.~c.B hC. _ I i 9 =s+c.`~._ S~+uJCl.l /7~~•~~.. _'."'..°r. 13~ ~ .iG ~ .5+1 L` ~ I } . ti.~ ~ tJI 'V Q /z ! _ 1 `(7` z/m s 27._. Su 90 As ~ ~ ~I v~" .1. A....n...:a 'I ~ ~ ^"^.;s... s0 ~ .S MCL~ "~-e.._ . .a..,ww: r.....:oi +wR, 1~~ 36 =3 z o .a.. i ~ _ s. z s: . T..i'VY:..,T;~c•a 4aac -tom ! U ~ N ---__a ,i k r, ~ c. a Lop O ai-.. n. rt..T~is.. tb VI '_I.. w. G I iic ~_._~'~s~:~_V~7a ~ is. s;3 gam ea. i-A.T.7.'F~ o_-` r/s evr•./ y w...-.ere C w~~ rakers ' J _"/C ~~S uaos• ~•~~r[~T W G~ 11I rws_aw irYw e•.-T \ PJ93nv. G-\~ / 2 v_ ~ ic... raesw..-> v_ ati.a. -r Gew6e i n r ~L.[eaoyi-T/CJh. r 1 ~.ro ine_ _ 20 !f `i So. r°. Ans. _ 1 ~cwvl I r~~ I I I I ~ P r-_.,r ~ 1.~ ~T b L c 4. M ~??v, A G R. ~,s ~ ~ 8~ I H/~NALOLI !~-PdAA /Sf, N. XONA (AlAUKA I. - ~..rrt ar Hula. +weaav.su•we uz nun suw! aao r rnw TAw MAP ~ TMIIIO TYA1pN pCltlCi 1QIf 3C I T4T 7 1 5 1 13 ! Figure t ? ~ i/ 111 ~1 ?I( - MI .\.rltl;aMr AMyµ' '..'F`? A! t 1 L J ..i/` ISM{ v 1 f' ~ ~ v.. D ' / ~ 1 I A~ ri e y u aa* y 1 IOT/Itprx ''t)fN'11C711 ~ ~I/~j a 1 a.'.r s d e d Y rxvllp i 1~_ ~ \ III I ~ ~ ''~'~~~C _ _ ~Y~ I{ 3n' Fv" 4_' , f ~ L ~ryvYV1Y`; /ail ~ ~ ~~~Isll _ e I I ej 4 h _ _ r a{ ,M{ 1 ~ ralsulvmf III J III xi ~ s, ag N ' b'' v IMr. MxbbY II ~ I ~ ~ I~ ~ i g ~ A-`ya~e a ~`K"•'~..c~ !z ' YYIr AMOI v; J z' +a r ~ ' I flnmwalre 4~L ~ -s bv~ °I 'r pal x -3 _ [,ELVIS C. ALTE27BURG .I IJ ""'""""'„s-at' .,~z~`„, StiB.IECi' SITE _ I w,~,.AV, - ` ~ - rxyrA x ~ ~s _ . Mfryrgpe. a sa :Miem'yK _ ~ f flmt.n rMy _ _ _ ~ S ~ _ ~I '2 ~ J~ Fg 2~^ _ r1~ ) 1 IN Cf k _ .OSebMS iN1iN n01 Mi gMSipbu?Mr i S O)w0 AAgF, ++~Yhh `s".;~a... M9 - ~ ~ •1f Maas R•.., 1 1 n alv~. r is .A . ~ ~x eolswams ~ f ,n - M+aM ~e+.w ~ - /MOWxMVM; J:]f.{f, fMb avt _ .••.OIIIx10M{ 1, vVlfilpW auOV .yOne~r.xr/.- 1 +Ya'plllllla - i1M ~ .uiona rnr...r misluoms ItlT ' nlrrvcvxl ::xry1N~'~ v_m nn.. ~ . d~1 %V e :1111f1 ~y p~u` -ibYbb oe.r. `•mn~' , mM ~yumlvb MbYa 1Jf IN NIV,II ' ~NI Int{QNQI{ SxlOeoro+ _ ~?~'?rr vl~r?y J . ~ ~ ,~,o.>.o - growing interest in coffee, lead the applicant to believe that making the land available for small-scale, backyard coffee operations would be a better agricultural use of the land. The applicant believes that while the coffee industry is supported largely by lazge scale, commercial farms, the smaller, family-owned farms make a significant contribution to the industry. There are quite a number of families in this azea raising coffee on 1-5 acres of land, mostly for supplemental income. As such, the applicant hopes to create a 2-lot subdivision (See Figure 3) and construct his dwelling and cultivate coffee on the lot. The other lot would be sold to someone with similar interests. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of approval, and marketing demands. B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for having the land subdivided by mid to late 1999. Clearing and planting would begin once subdivision plans are finalized. The cost of the improvements (principally water line and driveway access) is estimated to be less than X30,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. Counri General Plan The Coumy General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Orchard. This designation refers to "Those agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products." _ ~ - I M ~a R r ~i Y 0 ~ ; I ~ ~ - ~ 'i i~ A w 7 _ ~ ~ I % e G O ~y ~ 1{i ~ r G ~ ~ ll A ' o n ~I T l I~ zi~` ~,Y ~ 5 ti m I ~ : i i' ~ . ~ {~i a ' = 11 ~ 0. ~ N O It m ~ ip ~ ~ I n h I_ O W p ~ _ ~ - I 4 ^ O F m •i ~ s : ij o ~ o ~7 e : I {~i: c~ x a ~ _ tg ~ a`° ~ O 1 • ~ o• a O~ Z lj ! oo Imp ~:i ~ii~ - •x C~ ~ k - 1 if:~ ~ o o N ~ ~ 1 ~ ~ O ~ O O 1 1 ~ ~ F ~ O 1 '1 O ? O . a C O it ~?~{s ~ ice! ~a ;;~jw;,_I v ' ~ ~ ~ Ph I ~ It should also be noted that the County Planning Department, fn its review of the Genera( Plan, is contemplating the designation ofthis area as "Kona Coffee Belt." One of the thoughts behind this proposal is to encourage families to continue or get into coffee farming rather than creating subdivisions for gentlemen farmers seeking tax shelters. Based on the requested Agriculture 2-a zoning, the project would be consistem with the General Plan and no amendments would be required. C. Draft Kona Regional Plan This plan attempts to further define the General Plan and. serves as a guide for decision-makers. It was adopted by the Planning Commission in 1984. It has not, however, been adopted by the County Council. The Land Use Concept map of this plan identifies either an A-la or A-Sa designation for this area. Either designation suggests agricultural uses, with lots no smaller than 1-acre. The requested A-2a zoning would not be inherently inconsistent with this objective. D. County Zoning The County zoning of the subject and immediately adjacent areas is Agriculture (A-Sa), which requires lots to have a minimum area of 5 acres. However, there are properties zoned A-la approximately 300 yards to the north of the subject site. The Keopu Heights Subdivision, located less than a mile away is zoned A-la and A-3a. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested A-2a zone would be adhered to. E. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Undereround Injection Control (UIC) permit, and the like. 3 V. ENVII20NMENTAL CONSIDERATIONS A. General Description The elevation of the site is approximately one thousand six hundred (1,600) feet above mean sea level. The mean annual rainfall in this area ranges between 50 and 75 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The entve parcel is generally rectangular in shape. However, it has a slightly wider frontage along the North Kona Belt Road. The site is vacant of any strucnues. It is presently being used for cattle ~'~8 B. Soils and Toooaranhv The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope from the top of the property to the North Kona Belt Road. The US Department of Agriculture Soil Conservation Service Soil Survev Report classifies the soil to be of the Napoopoo-Pawaina complex (259E). The Napoopoo soil has a surface layer of 0 to 12 inches of black, cobbly silt loam. The Pawaina soil's surface layer is 0 to 3 inches of black, silt loam. Permeability is rapid, runoff is slow, and the erosion hazard slight for these two soil types. The subsoil is neutral to mildly alkaline. This type of soil is typical for orchard crops and grazing. The Land Study Bureau Overall Master Productivity Ratine for the subject area is Class "C" or fair (C-52). This suggests the site has fair productivity potential for agricultural crops. It is of the Honuanlu Soil Series, with moderately deep to deep soil. The soil texture is moderately fine, the color is dark brown, and the parent material is volcanic ash. It is well drained and, because it is rocky with frequent outcrops of pahoehoe, it is not suited for machine tillability. This type of soil is typical of the coffee belt. 4 The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISHI maps classify this site as being either "Unique Agricultural Land" or not classfied. Due to the scale of the map, it is difficult to discern the enact designation. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Man (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. The Hienaloli Drainageway is located to its north. 2. Tsunami Hazard As the site is located over 2 miles from the ocean, it is located outside of the Civl Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of H~7o is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and busitresses in these areas. The entire island of Hawaii falls within Earthquake Zone 3, according to the Cou~y Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared by bulldozers in the past and is dominated by alien species. Further, the site has been and continues to be used for cattle grazing. A visual inspection of the site, however, notes that the undergrowth overwhelmingly consists of grass, with occasional patches of lantcma 5 (Lantana Camara) and Christmas Berry (Schirars terebimhifolius. Mango and guava trees were also observed. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk and Hawauan Owl. E. Historic/Archaeological Resources As the site was formerly cleared, no commissioned azchaeological survey of the site was made. The clearing would make it less likely to find any archaeological features on the site. Nonetheless, during the course of developing the subdivision, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Water and Coastal Resources The subject site is located well over 2 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significam. Further, being anon-coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, septic tank or related system meeting with the approval of said agency will be done by the respective property owners at the time of issuance of a building permit for the proposed lots. G. Noise. Air Quality. and Dust The North Kona Belt Road will serve as the major thoroughfaze in this area. This Road connects to beginning of Palani Road to its north. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There will, however, be short term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors 6 will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air uali impacts. The only discernible air quality impact would be associated with the vehiculaz traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant as the project will increase the density by only one additional unit. Further, with higher EPA standards for automobile air emissions the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. H. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona azea. The most notable is the backdrop of the Hualalal Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the azea. The site is located more on the lower end of Hualalai Mountain, and the normal residential height should not detract from the mountain. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this azea is generally rural-agricultural. There are some small family-type coffee farms, cattle grazing like the subject property, and some lazge lot residential-agricultural subdivisions. Adjacent and to the south of the project area is a cemetery called Hualalai Memorial Park. There are also scattered residences in the area. The Keopu Mauka Subdivision is located less than a mile to the north and that subdivision is dotted with residences on lots ranging between 1 and 3 acres. The Hualalai Farm lots with lots averaging 5 acres is located mauka of the subject site. 7 Given the above, the proposed development would not be incongruous with the emerging rural-agricultural pattern. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make fee simple lots with coffee and family-type of agricultural activity possible. Collectively, small coffee farms can help support the entire industry. Further, there will be some short-term construction activity. And this could help with the area's economy. C. AQriculturalImoacts The site has not been used for intensive agricultural activity. It has been used essentially for cattle grazing. While this use could continue, it may not be a productive use of the land given the County's goal to promote agricultural activities in this azea. The applicant's proposal would help foster agricultural objectives by making smaller lots available, which would be more conducive for family coffee operations. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would be via the North Kona Belt Road. This County- owned road has aright-of--way of forty (40) feet to fifty (50) feet. The pavement width ranges between eighteen (18) to twenty (20) or more feet. Much of these improvements and the securing of the additional rights-of--way were done in conjunction with the development of other properties in the area. The applicant intends to have both lots front the Road. Should a consolidated access be required, the subdivision will be reconfigured to meet with the County's requirement. B. Water There is an 8-inch County water line fronting the North Kona Belt Road. According to discussions with the Department of Water Supply, water for the proposed 2 lot subdivision would be available from this line. Depending on 8 the elevation of the property, however, one of the lots may need an elevation agreement. C. Wastewater There is no County wastewater system in this azea. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the respective lot owners at the time of actual construction of any farm dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.. With the requested A-2a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is already part of the North Kona urban azea, it is already being serviced. No extension of government services would be required. The neazest fire station is located in Kailua, approximately five (5) miles away. The Police Station is located at Kealakehe, approximately six (6) miles from the subject site Elementary schools are available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately five (5) miles away. County pazks aze available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities aze located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services, aze available to the site. 9 VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the requests were denied, the short term use of the site would probably be an undeveloped tract of land used for cattle grazing. The lot may eventually be used as a lazge-lot gentleman estate. Given the mixture of lot sizes and uses in this area, the retention of the Agriculture (A-Sa) zoning for this lot may not result in the best development of the site. Given those conditions, it may be more prudent from a land use perspective to more effectively utilize the project site by creating lots that maybe more conducive for small-scale coffee farms and/or other agricultural pursuits. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources: As the soil on the parcel has been classified "C" by the Land Study Bureau, it does have agricultural potential. The creation of the 2-lot subdivision should help foster and not remove this land from its agricultural potential. C. Mitisative Measures The applicant intends to provide the required on-site infrastructure in conjunction with the subdivision process. Should unanticipated archaeological finds be discovered during the construction of the project, work will stop (as is required by the State and County) and cleazance secured before work will resume. As the site is presently vacant, no person or businesses would be dislocated. D. Alternatives to the Proposed Project 1. No Project Under this status quo alternative, the site will either remain in its present condition and continue to be used for less intensive cattle 10 grazing. The site, however, may not be utilized to its fullest agricultural potential given the present use and mixture of land uses and lot sizes in this area. 2. Alternative Agricultural Density Under this alternative, the applicant could seek an A-la zoning. While this could arguably be consistent with some ofthe nearby 1-acre zoning, its lot size would make the area more residential than rural- agriculturat. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented types of agricultural activities, such as truck crops or coffee farming in this area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated with the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested A-2a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Man The General Plan provides for the long-range comprehensive development of the island of Hawau. It provides direction for balanced growth in the County. 'The LUPAG map designates the site Orchard. This designation allows the requested A-2a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies and standards of the General Plan document. 11 For one, it would provide short-term economic opportunities largely through the construction of the subdivision. Some longer-term opportunities could be created in the form of small-scale truck crops or coffee farms. In so doing the resultant project should also add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan idernifies five (5) areas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepazed and• implemented. The project will also not be a noisy one, except as may be associated with the farming operations. Any noise-generating facility -such as air conditioners -would be carefully placed to min;mi~e their noise impacts. Further, it is unlikely that this site would be used as a coffee processing plant, as it would be more economical to send the products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does have historic sites. However, as it has been bulldozed, it would appeaz that any remaining sites would be of recent vintage - i.e., sites associated with the cattle grazing of the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the construction of the project and work will resume only after proper cleazances from the State and/or County have been received. Being previously intensively used, the prospects of the site serving as a hahitat for rare or endangered plant or animal life appear remote. 12 As the A-2a zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating an additional lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this regazd, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. As the project site is more than two (2) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic systems, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requiremerns of the Department of Water Supply. Vehiculaz access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than five miles from the site. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standazds of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residerrtial-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations 13 • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or Been belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Orchard designation of the LUPAG map. It would also be generally comnatibie with the sun'oundin$ azea. There aze I and 2-acre sized lots less than 300 yards to the north. Lots proximate to this area range between 2-6 acres in size. The soil is classified "C" by the Land Study Bureau, reflecting some measure of agricultural value. It should thus encourage more intensive agricultural activities on the site. This lot size would be conducive to not only the applicant's needs but make another lot available to one who wishes to pursue backyard and more intensive agricultural activities. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity: C. Zonin¢ and Subdivision The designated zoning of the site is "Ag-Sa." Should the A-2a or FA-2a zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. D. State Land Use Agricultural Standards As the requested area will result in lots more than 2 acres, the request can be processed by the County. The requirements of the State Land Use guidelines for uses will be adhered to. 14 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE February 4,1999 ~Viemorandum To :Planning Director FROM D ent of Public Works Engineering Division SUBJECT: Change of Zone Application (REZ 99-002) Applicant: Lewis C. Altenburg Location: Heinaloli 5"' & 6`", North Kona HI TMK: 7-5-13:08 We have reviewed the subject application and offer the following comments: ' in 1. Building shall conform to all requirements of code and statutes pertaining to building construction. Drainace 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. 4. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. E,~(HtB11 g , ..r~+-~' Memo to Planning Director Page 2 February 4, 1999 5. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. 6. Due to sight distance concerns, any driveway access must meet with the approval of DPW. If you have any questions please contact Thomas Pack in our Kona office at 327-3530. TWP:sIs cc: Engineering -Hilo Engineering -Kona Planning -Kona SidneyFuke, Plann~.., Consultant 100 PausM Street, SssBs 212 • Flo. Nawall 96120 • Planning • Variance • Zoning Tekptwns: (B08) 91522 • FBZ: (809) 989.7988 • Subdvision • land Use Pem~1s .6n'roreneNal Rsporss March 1, 1999 Ms. Virginia Goldstein, Director 1 J ~ Planning Department Cpl;' ~ ~ ~ 2 cotnaTY of HAWAU • 6 25 Aupuni Street ~ , Hilo, HI 96720 Dear Ms. Goldstein: Subject: Rezoning Reque9t (REZ 99-002) -Lewis C. Altenburg A-Sa to A-2a or FA-2a. TMK: 7-5-13: 8 Thank you very much for sending me a copy of the Department of Public Works' comments regarding the subject matter. Ln response to these comments, we note the following: a. A~ structures to be constructed on the site will be tbe responsibility of the prospective owners. At the appropriate time, these owners will hopefiilly secure the required construction permits. b. The creation of this 2-lot subdivision is not anticipated to involve a~ significant improvements. As such, surface runoff and related drainage systems should not be involved at the subdivision level These will be addressed by the respective property owners in conjunction with the physical development of the lots. If needed, appropriate grading and/or grubbing permits will be taken out by the respective lot owners. c. Ltlcewise, it is not anticipated that a drywell is needed to address the subdivision concerns. Should one be needed, however, then, the appropriate UIC permit will be secured by the subdivider. d. We respectfiilly request that a drainage study be waived from the rezoning review requirement. For one thing, for the most part, the site is situated within Zone X, areas of minimal hazard. Only a small portion (if any) of the northern sector of the property appears to be affected by any drainage system Lf needed, appropriate covenants could be included in the deed to inform prospective owner(s) of the FIRM classification. e. Finally, all driveways will be made subject to the review and approval of the County Department of Public Works. This will be done in conjunction with the subdivision and/or building permit processes. Ms. Virginia Goldstein March 1,1999 ' Page 2 We trust that the foregoing adequately addressed th~,issues raised by the Department of Public Works. If not, or if there are further comments on this application, please feel free to direct them to me. Thank you very much. Sinoprely~ . ~ VV " v S~DNEY M FUKE Planning Consuhant cc Tom Pack, DPW Mr. Lewis C. Altenburg X11[/ o`}~ fB^' - i v I~ DEPARTMENT OF WATER SUPPLY COCSNTY OF Ml~1A/AII vo ~ ~ , •~i L~~ 25 AUPUNI STREET HILO. HAWAII 96720 aa~~a. C'_ J,. TELEPHONE (BOB) 981.9660 FAX (809) 967-5657 March 12. 1999 j_ ~J~ TO: Planning Department FROM: Milton D. Pavao. Manager SUBJECT: CHANGE OF ZONE APPLICATION N0. 99-002 APPLICANT - LEWIS C. ALTENBERG REQUEST: A-5a TO FA-2a OF A-2a TAX MAP KEY: 7-5-013:008 We have reviewed the subject application for the proposed change of zone and have the following comments. Water can be made available from an existing 8-inch waterline along Mamalahoa Highway fronting the property. The parcel currently has one service with the Department through a 5/8-inch meter. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one additional lot that is requested in the proposed change of zone application, the required water commitment deposit is 8150.00. Remittance of 8150.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected. water availability is subject to change depending on the water situation. For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary improvements, which shall include, but not be limited to, a service lateral that will accommodate a 5/8-inch meter to the proposed lot. EXHIBIT Wafer brin~b rro~r¢66... ~ C I Planning Department Page 2 March 12, 1999 Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii. 2. Remit the prevailing facilities charge and capital assessment fee, which are subject to change, of 83,375.00 and 5500.00, respectively. These are due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Milton D. Pavao, P.E. Manager BCM:gms copy - (w/att.) Mr. Lewis C. Altenberg 1 Oi NI 111y ~ j • Vl i„ BENJAMIN J. CAYEFANO ~ TIMOTNY f JONNf. OMANIPB1fON GOVERNOR OF HAWNI BOARD OF lANO ANO NATURAL RESOURCES r DEPVIIEf L. ~ JANA E. KAWELO 4 w ~'N. STATE OF HAWAII AQUATIC RESOURCES BOATING AND OCEAN RECREATION CONSERVATION AND RESOURCES DEPARTMENT OF LAND AND NATURAL RESOURCES ENFOncEMENT CONVEYANCES HISTORIC PRESERVATION DIVISION FORESTRY AND WRDIIFE Kfkuhihswf BWldilq, Room 666 HISTORIC PRESERVATION BO1 KAmeklf BaVl~vfr0 LAND February 24, l 999 K.Pw.i, H~rrri 88707 WATER RESOURCE MANAGEMENT Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 LOG NO: 22849 " DOC NO: 9902PM02 Dear Ms. Goldstein: SUBJECT: Change of Zone Application (REZ 99-002) / c Applicant: Lewis C. Altenburg Request: A-5a to FA-2a or A-2a Hienaloli 5 and 6, North Kona, Hawaii Island - TMK: 7-5-13:8 _ 'U This is in reply to your letter of January 25, 1999, with a request for our comments on the above referenced application. We appreciate the opportunity to review and comment on applications such as this one. The application notes that the owner has previously cleared the land and used it for cattle grazing. Based on this information, we believe that it is highly unlikely that significant historic sites would remain on this property. We thus believe that the proposed rezoning will have "no effect" on significant historic sites. The application notes that if any unanticipated archaeological remains are found during development, work will cease and vour office will be informed of the findings. We assume that you would then contact our office to discuss what should be done thereafter. If you should have any questions about our comments please contact Patrick McCoy (692- 8029). Aloha, / , DON HIBBARD, Administrator State Historic Preservation Division E X H I B I T PM:jk ~ ~ OI h1 . 1. t1 • 1 • BENJAIaII J. GTETARD aovERwR ESTNER UEDA ~ t EXECUTNE OFFICER StA ~4 `~y.r.~' ' STATE OF HAWAII DEPARTMENT OF BUSINESS. ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 - Faz: 808-587-3827 ? January 29, 1999 y„ C:. Ms. Virginia Goldstein - i Planning Director County of Hawaii ~ i 25 Aupuni Street, Room 109 :r' Hilo, Hawaii 96720-4252 - _ r Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 99-002), Lewis C. Altenburg, Hienaloli 5th and 6th, North Kona, Hawaii. TMK 7-5-13. 8 We have reviewed the subject application forwarded by your memorandum dated January 25, 1999, and have the following comments: 1) We confirm that the subject parcel is designated within the State Land Use Agricultural District. We note that the application incorrectly refers to the district as the "Agriculture" District. 2) On page 2 of the application, it is stated that no Commission (rezoning) action is required based on the size of the requested area. We wish to point out that the Commission does not process rezoning requests but rather acts on boundary amendment petitions involving lands greater than 15 acres in size in the Agricultural, Rural, and Urban Districts, and on all petitions involving lands in the Conservation District. 3) We note that the subject parcel is located south of a portion of the approximately 5,914.96 acres reclassified from the Agricultural District to the Conservation District for the protection of native forest habitats under LUC Docket No. BR93-694/Office of State Planning. We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application. ElCHIgN~ Ms. Virginia Goldstein January 29, 1999 Page 2 Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 587-3822. Sincerely, ESTHER VEDA Executive Officer EU:th SidneyFuN .,Wing consWtanc 100 Pauahl Street, ..rifle 212 • Hfb, Hawall 98720 • Plonnin9 • Variance ~ Zoning Teleptxuie: (808) 989.1522 • Fax: (B08) 989.7998 • Subdmsion • Land Uu Pmrw • liwiwnn,en~d Repods February 12, 1999 Ms. Virginia Goldstein, Director ; Planning Departmern COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 ~ ~ C l ; ~ Dear Ms. Goldstein: Subject: Lewis C. Alteuburg, Rezoning Application (REZ 99-2) ~ A-Sa to FA-2a or A-2a. T'MK: 7-5-13: S ;s Thank you very much for sending me a copy of agency comments regarding the subject application. In response to those comments, we note the following: Relative to the comments ofthe State Land Use Commission, we acknowledge the correction that the district is the Agricultural and not Agricuhure District. Further, the subject parcel is located generally makai of the area that was recently reclassified into the Conservation District, the reclassified area is approximately 1+ mile mauka of the subject site. A septic tank system meeting with the requirements of the State Department of Health will be constructed by the respective property owners at the time of construction of a dwelling. The applicant is aware that if this request is approved and the land gets subdivided, the properties would be subject to the rollback taxes as noted by the Department of Finance. Should there be further comments or questions on this matter, please feel free to comact me. c ly, l~? S Y M.~ Planning Consultant cc State LUC State DOH County Finance Department Mr. Lewis C. Altenburg ~xH~~~r ~ APPLICATION FOR CHANGE OF ZONI COUNTY OF HAWAII PLANNING DEPARTMENT APDLICANT• Lewis C. Altenburg APPLICANT'S SIGNATURE: o~-~-~~~ C'. ~/~~e.K~~~r DATE: ADDRESS: 5800 Lost Forest Drive Houston, Tx 77092-1500 LIST APPLICANT'S INTEREST IF NOT OWNER LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS - c. TELEPHONE-BUSINESS: (713) 683-7253 RESIDENCE: / REQUEST: A-5a TO FA-2a or A-2a Existing zoning (Proposes zoning TAX MAP REY: 7-5-13: 8 AREA OF PROPERTY OR AFFECTED AREA(S) TO HE REZONED: 5.193 ac LANDOWNER(S): Same OWNER' S SIGNATURE tc..~T /T(~cv~~ L DATE:/d- ~ (May a by et er) AGENT: Sidne M. Fuke ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 9b720 TELEPHONE-BUSINESS; 969-1522 RESIDENCE: 961-6909 Please indicate to whom original correspondence and copies should be sent. ORIGINAL Sidney Fuke COPIES Mr. Lewis Altenburg (See Instructions in Ha ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If des, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? A 11 b. Into what lot sizes? 2+ aCLeS c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Immediately d. Do you intend to build houses on the newly created lots? No If please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Se11 or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and ycur further plans for the land will alleviate the local housing situation? yes How? Since a dwelling is permitted on the A-2a zoned lots, it should help with the overall land inventory indir_ctly. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. Cattle grazing on the lower half of the lot. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? YPs What kinds of commodity? Coffee, citrus, breenhouse, ornamental b. Suitablility of the proposed lot-size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? yes. This is intended to be for individuals er families wishing to farm to supplemenT the family's income. -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. Please refer to Planning and Fneironmental Report If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? If so, what kind? There could be some road widening at certain corners to increase sight distance. Is the road adequate for the proposed traffic volume or load? yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x -3- Yes Vc e. Police ?rotection x c. Fire ?rotection x g Recrea[ional ~acilitias x h. PuoLie Utilities x i. Other x Fer those checked "ves, please elaborate what t??e triads or imorcvemen-s and,'or assistance are needed. Signature: ~/r ~ .~~~t.-~L Address: ~~J ~S'ir ~o/~Ef% /-/vc~ST~N~ 77o9a-~l'ov Telephone: 7/j-Ci~~'7VZj Data: /z~a'//`0 -`T COUNTY ENVIRONMENTAL REPORT REZONING REQUEST (A-Sa to FA-2a or A-2a) LEWIS C. ALTENBURG HIENALOLI 5th & 6th, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-5-13: 08 Prepared By Sidney Fuke, Planning Consultant January 1999 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-Sa to FA-2a or A-2a) LEWIS C. ALTENBURG TAX MAP KEY: (3) 7-5-13: 08 HIENALOLI 5th & 6th, NORTH KONA, HAWAII I. INTRODUCTION The applicant, Lewis C. Altenburg, is requesting a 5.193 acre parcel to be rezoned from Agriculture (A-Sa) to Agriculture (2-a) in Hienaloli 5th and 6th, North Kona, Hawaii. (See Figure 1) The property is located on the mauka side of the Mamalahoa Highway or the North Kona Belt Road (Highway 180) and immediately north of the Hualalai Memorial Park. If approved, the applicant intends to subdivide the 5.193 acre parcel into two (2) lots, one consisting of 2+ acres, and the other, the balance. The applicant hopes to construct a dwelling and cultivate asmall-scale coffee farm on one of the lots and intends to sell the other to a person with similaz interests. It should be noted that the applicant originally planned to apply for the Family- Agriculture (FA-2a) district. However, given the Circuit Court's recent decision to void the Zoning Code which, among other measures, created this district, the applicant is seeking the A-2a zone. Should, however, the FA-2a district be deemed available, the applicant has no objections to the rezoning of the subject property to either the FA-2a or A-2a district. II. PROJECT LOCATION The subject area is located on the mauka side of the North Kona Belt Road, immediately north of the Hualalai Memorial Pazk. Kamalazu Street, which serves as the principal access for the 5+ acre Hualalai Farms Subdivision, is located to its north. It is located midway between the village of Holualoa (approximately two (2) miles to its south) and the Keopu Heights Subdivision (approximately two (2) miles to its north). (See Figure 2). III. PROJECT DESCRII'TION A. Project Concept and Components The applicant previously cleared the land and used it for cattle grazing. However, given the size of the parcel, cattle grazing did not provide a reasonable agricultural economic return. That fact, combined with the 1 _ ,;l ~ :ribs ~-"r ~I ~ s/ ~ " Ns.:3^ Ac. H3 r's.zs-AC. 8 'A M~yp.. r f0^~c ' ,..;.ra`~=y sOO. c ail ~ r;'~i _ _ La -vic11^ vrnc O ~ ..nc. iia F co R UIN C.^ ,r-yam.%~~ i I' ,r. ~.~r ~,II s.ooc i`fl' _ Ae. I:~qI ~/S.ooo Ac. 'S4 a Sege ne. L S. o - - .1111III- _ - G?_ ~ 57 49 t....~ m., s 00o C ~y ~e.,c. A E..9e y ° i ~ ''~-s cs dt 150 S.ec .+c. 'l co, lru J r . I- ~s r 3 tc ~ I~ s,°FV<..v ew,ao..~..,..~ I~ I i, ~6 oc s ..S~NL ~ ` _ - ~ c3 i J~ Jsch Nm~S I _f 4 L ~ Cuoo I V-~ _ 1 ~ I~ °I rc_.SO ~ .Sw~aa.r S I~ I i,,' I Iv °n.^.~. _9 s.a35 Ac. LD.31 S. aBB nIi ~4 CT ~ ~ ic5 nc Ar'~P. m 'c_ '9~~ J '39 3G li ~ _ fsaca~._ S V B~C•1, pii I SITE ro/m U^9')' 3~"°~~ ~ _ ~/z ~ ~ 'Q ..a`~~ ~L i' `I7`s.rx sc 1 5-r30 Ae• i o e.:F=~-. JP ~..a.-.,~.sr a,. ' 2° 5.2J3 sc. I scow 1 i ,i`v+<.. s.ae _ s r r...ne o-.....~ o _ . _.°H•._ ~___.zwd~.~__.__~.ca~. c r` ( ~ ~ -----a ? k f ~ - 1_ 5 a.sao..a ~ f N'-,tal 4...~~c -f-.../ask. __~f ._I f(i --`R `r `-j ~ U 74 a/3 A4 °JP4 --7~ti f F 3 ..s v _ r-. A e.. a c.-rr a.._~ _ .ve eo Y+.~,a...e.-e C .v.~ ;1ke~ _ 'altiw.h __l~M~~MJM f..c ~ BT334.. u ~ 2n.c /r. I ~5 (6g3.4t.> 1 B+M+~ 4r~k 4 So. r°. Ans. Fa,' ' ufS {r E~ , r_c resit PL.~ r ~ ~ 7e>~ U < Q cp A G.P. ~8 ~ 4, /1/ENALOL! - PUAA /St, N. KONA (A/ALKA J. »~er~ a wauvl - ~rorarTOwer~aEnv TU[ IMI3 HiAlgf sun m rww TAX MAP TNI.O iW1gN pClY1CI HNIE 1C. ML ~ 7 5 ~ 3 Figure 1 SGIE. 1 W. _ !00 Yi. YY ^v irq r f/. ~ MII I - //~`l IY 1! ~ 1Sl ~ ~ _ t ( .l Itr y J ~ mY ~ILQ)/~)// ~ I I 'fib _ svb 1 J I l 1~ ~ i. .I ~ _ ML! R ( oYYYITDx ~ ~ 4 > _ j YYxYNOVnf) ~bt~t~ ' ONOMI l it i `~VYryy`IY\ ~ ~ ..~1 I f`~ ~ ~ m A 'vm$ . ~ ~i I I:pt I , ranYgan$ ! ~ ~ %I ~L rnmox I I _ ~ °fa.. f _ _ ~a ~wr ' ,YMpV. LEtiVi 1\~~ YtYyRMl11y V S C..1 L t SU&IECT E+~SURG i ' s SITE M vnr ~ 1y ; ~w ~ ~ . vnrr irw MR 'S• tom:-. xNrr Yy , ~ ~ ~ - AYn F~~ , n. _ _ ~nrr,~ ~ _ +irn - 'r )r~l ~YO$ MY _ ',inm' u~c._ 'rvvr _ L. .rl~_ N ~ f ~ - ~ - _ _ Miy arv ~ha 3h~tiH `~Y ir~b~ ~r , _ ~ ' l' Norio F, ~ . 'vva ury x x,`+14 {t~'.:M~ MgSIVIOBA$ ~~~n W R~. YMOMOMI M v trroY /~fl Yltt Ox YHYIy ' _ ~ .gYYMY ' ~ +g4n~oA09 -riHl SnaM;rov ° - rnv IaYlll~ _ _ r ~OIA111 - _ ~ ~ v9. r-l~ YQISIAIppll ' ~T ~IYIIYa]IYM ~~„'j I~'~^~ ~..~~A. JY]Y~~~'~. ~$fNA1M. ~~MYNY]Yq on ;IfgPl C.... ' ~w lG jn '.wvtY1Y .y nNIOn WY ry ~ LJP lNb7b 1bi R>~~ OIf 'rr , . _ N - / /////L 1MOYOMN J I- 1 +wmmao"'gr~- growing interest in coffee, lead the applicant to believe that making the land available for small-scale, backyazd coffee operations would be a better agricultural use of the land. The applicant believes that while the coffee industry is supported largely by lazge scale, commercial farms, the smaller, family-owned farms make a significant contribution to the industry. There aze quite a number of families in this area raising coffee on 1-5 acres of land, mostly for supplemental income. As such, the applicant hopes to create a 2-lot subdivision (See Figure 3) and construct his dwelling and cultivate coffee on the lot. The other lot would be sold to someone with similar interests. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of approval, and marketing demands. B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for having the land subdivided by mid to (ate 1999. Clearing and planting would begin once subdivision plans are finalized. The cost of the improvements (principally water line and driveway access) is estimated to be less than $30,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested azea, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Orchard. This designation refers to "Those agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products." 2 2 O H _ n 6Gly~ _ tl A tl Og bb ~ ~ _ v o d d ,i~/9Gys` c 9'~ _ / Z" U~ ~ N _ rn N ~ ~ Grn A tl as.iy~ __.I is ioi la'G R°y~ C U O' n 4 ~ ~ Y ~ ~ ~ p O i ~ o o ~ ~ ~w ~ a I i <za r~.~/ 4 E~ ` ° ~ o a Z i{~ _ b 1° ~ - ~ ~ ~ ~ ~ .m.a"c ~ ~ ~ ~ ~ year 5 ~ (il Q ' y ~ _ ~ O ~ .css+G ~ T to it _ Ct.J C - pG'ILZ P Q T u o ~ o x ° ~ N 'I~ ~ ~ CN o O~ Z y q 1 E Q S ~ p, cD C,.~ ~ ~ yw ~ Z ~ ao ~Z X 1 e~E; g' • ~ v r ~ T ~~-3:{{3.n ~ ? CJ1 ~ yT~ - 1 ~ ~ 1 m ~ ~ ry- ~ ~ ~ p ~l~ 1 = o ~ ~ Q ~ ~ ` ~1 o ~ o o ~-~9 °S ~ e ~ `\1'~ TRUf NOR IH p W c~.i~ Avg M... vn rzcr0 ViVHV IIFFFrr 0 N ~~a~F ~ AYM NOIN ~ ~ i`_ _ L~^f,PO v. I ;,`.mom- C I ~ ~~z ~m~ I ~ ~ ~ ' 2~ _ : a TRUE NORTH ~ ~ , r y~r ~ ~i _ ~ ~ I~ ~ m, ~ ,r D ~ O ~ c~ Z ~ N f~ x y a _ C " 1` I s II ~ I I~ 2 ~1 11 It should also be noted that the County Planning Department, in its review of the General Plan, is contemplating the designation of this area as "Kona Coffee Belt." One of the thoughts behind this proposal is to encourage families to continue or get into coffee farming rather than creating subdivisions for gentlemen farmers seeking tax shelters. Based on the requested Agriculture 2-a zoning, the project would be consistent with the General Plan and no amendments would be required. C. Draft Kona Regional Plan This plan attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1984. [t has not, however, been adopted by the County Council. The Land Use Concept map of this plan identifies either an A-la or A-Sa designation for this area. Either designation suggests agricultural uses, with lots no smaller than 1-acre. The requested A-2a zoning would not be inherently inconsistent with this objective. D. County Zoning The County zoning of the subject and immediately adjacent areas is Agriculture (A-Sa), which requires lots to have a minimum area of 5 acres. However, there aze properties zoned A-la approximately 300 yards to the north of the subject site. The Keopu Heights Subdivision, located less than a mile away is zoned A-la and A-3a. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested A-2a zone would be adhered to. E. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Underground Injection Contro] (UIC) permit, and the like. 3 V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site is approximately one thousand six hundred (1,600) feet above mean sea level. The mean annual rainfall in this area ranges between 50 and 75 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leewazd side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The entire parcel is generally rectangular in shape. However, it has a slightly wider frontage along the North Kona Belt Road. The site is vacant of any structures. It is presently being used for cattle grazing B. Soils and TopoBraphy The topography of the site slopes slightly in a mauka (east) to makal (west) direction. There is a gradual 10 to 15 percent slope from the top of the property to the North Kona Belt Road. The US Department of Agriculture Soil Conservation Service Soil Survev Report classifies the soil to be of the Napoopoo-Pawaina complex (259E). The Napoopoo soil has a surface layer of 0 to 12 inches of black, cobbly silt loam. The Pawaina soil's surface layer is 0 to 3 inches of black, silt loam. Permeability is rapid, runoff is slow, and the erosion hazard slight for these two soil types. The subsoil is neutral to mildly alkaline. This type of soil is typical for orchard crops and grazing. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "C" or fair (C-52). This suggests the site has fair productivity potential for agricultural crops. It is of the Honuaulu Soil Series, with moderately deep to deep soil. The soil texture is moderately fine, the color is dark brown, and the pazent material is volcanic ash. It is well drained and, because it is rocky with frequent outcrops of pahoehoe, it is not suited for machine tillability. This type of soil is typical of the coffee belt. 4 The State of Hawaii's A~-icultural Lands Of Importance to the State of Hawaii ALISH) maps classify this site as being either "Unique Agricultural Land" or not classified. Due to the scale of the map, it is difficult to discern the exact designation. C. Natural Hazards 1. Drainase The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. The Hienaloli Drainageway is located to its north. 2. Tsunami Hazard As the site is located over 2 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 3, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared by bulldozers in the past and is dominated by alien species. Further, the site has been and continues to be used for cattle grazing. A visual inspection of the site, however, notes that the undergrowth overwhelmingly consists of grass, with occasional patches of lantcma 5 (Lantana Camara) and Christmas Berry (Schi~ues terebinthifolius. Mango and guava trees were also observed. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk and Hawaiian Owl. E. Historic/Archaeological Resources As the site was formerly cleared, no commissioned azchaeological survey of the site was made. The clearing would make it less likely to find any archaeological features on the site. Nonetheless, during the course of developing the subdivision, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Water and Coastal Resources The subject site is located well over 2 miles from the coastline. As such, coastal impacts resulting from dischazge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, septic tank or related system meeting with the approval of said agency will be done by the respective property owners at the time of issuance of a building permit for the proposed lots. G. Noise, Air Quality. and Dust The North Kona Belt Road will serve as the major thoroughfare in this area. This Road connects to beginning of Palani Road to its north. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There will, however, be short term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors 6 will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air ualit impacts. The only discernible air quality impact would be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant as the project will increase the density by only one additional unit. Further, with higher EPA standards for automobile air emissions the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. A. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona azea. The-most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the azea. The site is located more on the lower end of Hualalai Mountain, and the normal residential height should not detract from the mountain. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural-agricultural. There aze some small family-type coffee farms, cattle grazing like the subject property, and some lazge lot residential-agricultural subdivisions. Adjacent and to the south of the project azea is a cemetery called Hualalai Memorial Park. There are also scattered residences in the area. The Keopu Mauka Subdivision is located less than a mile to the north and that subdivision is dotted with residences on lots ranging between 1 and 3 acres. The Hualalai Farm lots with lots averaging 5 acres is located mauka of the subject site. 7 Given the above, the proposed development would not be incongruous with the emerging rural-agricultural pattern. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make fee simple lots with coffee and family-type of agricultural activity possible. Collectively, small coffee farms can help support the entire industry. Further, there will be some short-term construction activity. And this could help with the azea's economy. C. A¢ricultural Impacts The site has not been used for intensive agricultural activity. It has been used essentially for cattle grazing. While this use could continue, it may not be a productive use of the land given the County's goal to promote agricultural activities in this area. The applicant's proposal would help foster agricultural objectives by making smaller lots available, which would be more conducive for family coffee operations. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project would be via the North Kona Belt Road. This County- owned road has aright-of--way of forty (40) feet to fifty (50) feet. The pavement width ranges between eighteen (18) to twenty (20) or more feet. Much of these improvements and the securing of the additional rights-of--way were done in conjunction with the development of other properties in the azea. The applicant intends to have both lots front the Road. Should a consolidated access be required, the subdivision will be reconfigured to meet with the County's requirement. B. Water There is an 8-inch County water tine fronting the North Kona Belt Road. According to discussions with the Department of Water Supply, water for the proposed 21ot subdivision would be available from this line. Depending on 8 the elevation of the property, however, one of the lots may need an elevation agreement. C. Wastewater There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the respective lot owners at the time of actual construction of any farm dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.. With the requested A-2a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this azea is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located in Kailua, approximately five (5) miles away. The Police Station is located at Kealakehe, approximately six (6) miles from the subject site Elementary schools are available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately five (5) miles away. County parks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services, are available to the site. 9 VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lona-Term Productivity If the requests were denied, the short term use of the site would probably be an undeveloped tract of land used for cattle grazing. The lot may eventually be used as a lazge-lot gentleman estate. Given the mixture of lot sizes and uses in this area, the retention of the Agriculture (A-Sa) zoning for this lot may not result in the best development of the site. Given those conditions, it may be more prudent from a land use perspective to more effectively utilize the project site by creating lots that may be more conducive for small-scale coffee farms and/or other agricultural pursuits. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources: As the soil on the parcel has been classified "C" by the Land Study Bureau, it does have agricultural potential. The creation of the 2-lot subdivision should help foster and not remove this land from its agricultural potential. C. MitiLative Measures The applicant intends to provide the required on-site infrastructure in conjunction with the subdivision process. Should unanticipated archaeological finds be discovered during the construction of the project, work will stop (as is required by the State and County) and clearance secured before work will resume. As the site is presently vacant, no person or businesses would be dislocated. D. Alternatives to the Proposed Project 1. No Project Under this s7atus quo alternative, the site will either remain in its present condition and continue to be used for less intensive cattle 10 grazing. The site, however, may not be utilized to its fullest agricultural potential given the present use and mixture of land uses and lot sizes in this area. 2. Alternative Agricultural Density Under this alternative, the applicant could seek an A-la zoning. While this could arguably be consistent with some of the nearby 1-acre zoning, its lot size would make the area more residential than rural- agricultural. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented types of agricultural activities, such as truck crops or coffee farming in this area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated with the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested A-2a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Mag The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Orchard. This designation allows the requested A-2a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies and standards of the General Plan document. 11 For one, it would provide short-term economic opportunities lazgely through the construction of the subdivision. Some longer-term opportunities could be created in the form of small-scale truck crops or coffee farms. In so doing the resultant project should also add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) azeas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the farming operations. Any noise-generating facility -such as air conditioners -would be cazefully placed to minimize their noise impacts. Further, it is unlikely that this site would be used as a coffee processing plant, as it would be more economical to send the products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does have historic sites. However, as it has been bulldozed, it would appeaz that any remaining sites would be of recent vintage - i.e., sites associated with the cattle grazing of the site. Nonetheless, work will cease if unanticipated azchaeological remains aze discovered during the construction of the project and work will resume only after proper cleazances from the State and/or County have been received. Being previously intensively used, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. 12 As the A-2a zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating an additional lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this regazd, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. As the project site is more than two (2) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of septic systems, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehiculaz access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than five miles from the site. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be cazefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations 13 • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Orchard designation of the LUPAG map. It would also be generally compatible with the surroundine area There are 1 and 2-acre sized lots less than 300 yards to the north. Lots proximate to this azea range between 2-6 acres in size. The soil is classified "C" by the Land Study Bureau, reflecting some measure of agricultural value. It should thus encourage more intensive agricultural activities on the site. This lot size would be conducive to not only the applicant's needs but make another lot available to one who wishes to pursue backyazd and more intensive agricultural activities. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity: C. ZoninE and Subdivision The designated zoning of the site is "Ag-Sa." Should the A-2a or FA-2a zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standazds. D. State Land Use Aericultural Standards As the requested area will result in lots more than 2 acres, the request can be processed by the County. The requirements of the State Land Use guidelines for uses will be adhered to. 14 JMtV a MI y. i BOBBY JEAN LEITHEAD-TODD ~~rV;~, Phone (808) 961-8261 Councitmember FAX: (808) 9693291 ~ Of ~N~ COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 Apri127, 1999 Bill No(s). 64 Comm. No(s). :244 Pr, rl t,~ l l G, ~ Sidney Fuke i ~ 2 100 Pauahi Street, Suite 212 Hilo, HI 96720 Subject: Change of Zone Application (REZ 99-002) Applicant: Lewis C. Altenburg Request: A-Sato FA-2a or A-2a Tax Map Key: 7-5-13:8 This is a follow up to the telephone call from my staff notifying you that the above will be considered by the Council's Committee on Planning on Tuesday, May 4, 1999, at 1:30 p.m. in the Councilroom, Room 201, Hawaii County Building, 25 Aupuni Street, in Hilo. This is in accordance with the Council's Rules of Procedures that matters related to planning are referred to our committee for review and recommendation to the Council. Please be advised that this is just the initial consideration by the Council on your application. After the Planning Committee makes a recommendation for approval or disapproval of your request, a report will be made to the full Council, where further deliberation will take place. A total of at least three meetings, including the Committee and two full Council meetings, must transpire should and approval recommendation be made. Your presence at the meetings is requested in order to have any questions on your application addressed. You will be notified by the Council's staff after the Planning Committee makes a recommendation to full Council to let you know when your application will be heazd by the full Council. Comm. No. ~ yy File No. Hcr ~ NG~ M.B. No. f ~~i f - I~~~~.~- ~aPe: ~-Q9 Sidney Fuke Apri127, 1999 Page 2 Should you have any questions as far as placement of your request on the Planning Committee agenda, please contact Glynis or Evelyn at 961-8245. (/~C/ l G ~ Bobby Jean Leithead-Todd, Chair Committee on Planning Attachment (PC Agenda) N1V o/ y~4 /4~ ~i'i'oi.r'.I OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 9620 June 17, 1999 Rcfcr: Bill 64, Draft 3 C-244.002 To: Mayor Re: Ordinance Bill Amending Section 2~-3-3 or 25-37 (\orth Kona Zone Map). Article S or 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by Changing the District Classification from Agricultural (A-Sa) to Family Agricultural (FA-2a) or Agricultural (A-2a) at Hicnaloli 6'~, North Kona, Hawaii, Covered by Tax Map Key 7-5-13:OS (Approximately 5.193 Acres) Applicant: Lewis C. Altenburg The fulluwin~, is the action of the Hawaii County Council adopted at its meeting held May 2~, 1999: Bill 64, Draft 3, passed First Reading Approve and adopt PC Report 24 u COUNTY CLERK Att. xc: Planning Director Planning Commission Comm. No. I rl.Qpy File No. 7(~.Ca M.B. No. Date: MJAY 2 5 i99,q REPORT OF THE COMMITTEE ON PLANNING DATE: May 4, 1999 Re: C-244Bi11 No. 64 PLACE: Councilroom TIME: 1:41 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 64, transmitted by Mayor Stephen K. Yamashiro per Communication No. 244, dated April 9, 1999, regazding the change of zone request by Lewis C. Altenburg, at Hienaloli 6th, North Kona, Hawaii, TMK: 7-5-13:8, reports as follows: Bill No. 64 amends Section 25-8-3 or 25-87 (North Kona Zone Map), Article 8 or 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 5.193 acres of land from an Agricultural (A-Sa) to a Family Agricultural (FA-2a) or Agricultural (A-2a) zoned district. Because of the uncertainty of the status of the 1996 Zoning Code, both sections from the 1996 Zoning Code and the pre-1996 Zoning Code were inserted along with the district classifications from the pre-1996 Zoning Code and the 1996 Zoning Code. Since Bill No. 250, Draft 9, was ratified by the Council on April 6, 1999, and approved by the Mayor on April 19, 1999, the pre-1996 references will be deleted in Draft 3. The rectangular shaped vacant subject property, owned in fee by the applicant, is located mauka of the Mamalahoa Highway and immediately north of and adjacent to the Hualalai Memorial Park. The applicant intends to subdivide the 5.193 acre pazcel into two (2) lots, one consisting of 2+ acres, and the other, the balance. The applicant hopes to construct a dwelling and cultivate asmall-scale coffee fazm on one of the lots and intends to sell the other to a person with similaz interests. The State Land Use Classification is Agricultural. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the project site for Orchazds. The County currently designates the property as Agricultural-Sa. The ALISH (Agriculture's Agricultural Lands of Importance to the State of Hawaii Map) designation is Unclassified. Surrounding lands consist of the Keopu Heights Subdivision, which is located approximately one mile to the north and zoned A-la and A-Sa; and the Hualalai Farm Lots, which is located adjacent to the north and east of the subject property and is zoned A-Sa. These subdivisions include single-family residential and agricultural uses and/or vacant lands. The Land Study Bureau's Detailed Land Classification System classifies the soils as "C" (Fair). The U.S. Soil Survey classification is Honaunau, an extremely rocky silty clay loam, which is used for pasture. The subject property is located within the Kona Coffee Belt. The subject property is located within Zone X, which is an azea outside the 500-year flood plain. PC-24 PC-24 Page 2 May 4, 1999 No native fauna was observed on the site, and the site is not known to be a habitat for any rare or endangered animal life, although the Hawaiian Hawk and Hawaiian Owl may frequent the area. Since the site had been cleazed by bulldozers and the azea was used for cattle gazing, the site is not known to have any endangered plants or historic sites. However, a condition to require the notification of the Department of Land and Natural Resources-Historic Preservation Division, should any azchaeological sites be encountered during the course of development, will be included. Access to the property is off of the North Kona Belt Road, which has aright-of--way width of 40 to 50 feet with an 18 to 20-foot agricultural standard pavement. Water is provided by an existing 8-inch waterline that fronts the subject property. There is no municipal sewer system in the azea, and since the property is located within the Critical Wastewater Disposal Area, wastewater will have to be disposed of via a septic tank system. All other utilities aze or will be made available to the subject property. Bill No. 64, Draft 2, which inserts as Condition B, the standard language about complying with all requirements,of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use District, was circulated and approved by Your Committee. Your Committee also agreed that the State Land Use District should be Agricultural and not Rural. Committee Member Curtis Tyler suggested that the no ohana clause be inserted and should be standazd language in this type of zonings, but Ex-Officio Member James Arakaki felt that it was a dangerous precedence to set for this type of zoning. Alice Kawaha, of the Planning Department, explained that the newly inserted language hr Condition B restricts the second dwelling as specified in Chapter 205 of the HRS. Further discussion ensued and it was explained that although the State Land Use regulations restrict the number of homes to be constructed on Agricultural lands, it does not restrict the number of farm dwellings that the property can have. The Hawaii County Code permits ohana dwellings on building sites within the Family Agricultural and Agricultural districts. Mr. Tyler also recommended that the wastewater condition be included, so the standazd language for compliance to all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property will be included in Draft 3. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the change of zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 64, Draft 2, as amended to Draft 3, and recommends it pass fast reading. AYES NOES A & E EX Respectfully submitted, LEITHEA0.TODD X COMMITTEE O TYLER X /J ELARIONOPF X ~i~/ IACOesoN X O Y JEAN LEITHEAD-TODD, CHAIR PISICCHIO X SMITH X PC REPORT NO. 24 YAGONG X 2 5 1999 ARAKAKI E.O.M. X ADOPTED: [9AY