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HomeMy WebLinkAboutCOM 0245.000 1998-2000 T'~„>„N r~'~ William G. Davis Managing Director Stephen K. Yamashiro 'y°y°r Henry Cho •~ri,uG N''~. Deputy Managing Director ~II1tltf~l II~ ~ti~lTtltT 25 Aupuni Street, Room 215 Hilo, Hawaii 96720.4252 (808) 961-8211 Fax (808) 961-6553 KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawau 96740 (808)329-5226 Fax (808)326-5663 _ Apri19, 1999 Honorable James Y. Aral;aki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Deaz Chairman Aralcaki 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-Sa to RA-2a Applicant: Robert P. Marx Tax Map Key: 6-2-11:27 Proposed Street Name Ka'awaloa Orchazds Ka'awaloa, South Kona, Hawaii Proposed Street Name Puukapu Homesteads, 1st Series Waimea, South Kohala, Hawaii Comm Na 81 /IS b5 r 6 6 File No. Z N 6 /MCP{ Ref. Tw PG Ref. Date 'ems 1 3 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 Man 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 aze the Planning Commission's letters and enclosures regarding the above-referenced requests. Stephen K. Yanuishiro Mayor IA40199.MAY Enclosures cc: Planning Department -p~riY Oi M~ V •Ca- Stephen K. Yamashiro Mayor ~ or xr ~IILt2t~}~1 II~ ~tl~tT~tt PLANNING COMII~SSION 25 Aupunl Strew, Room 109 • Hib, }I.wtiii %720.252 (808) %1-8288 Fu (808) %1-%15 -APR 0 9 1999 - Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-002) Request: Agricultural to Rural Change of Zone Application (REZ 99-003) Request: A-Sa to RA-2a Applicant: Robert P. Marx Tax Map Key: 6-2-11:27 The Planning Commission, after a duly held public hearing on April 1, 1999, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to Rural District and a Change of Zone changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.002 acres of land. The property is located in Anekona Estates Subdivision on the south side of Kanehoa Street and approximately 1,450 feet east of the Kawaihae Road-Anekona Street intersection, Ouli, South Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 (2) Activities or uses as chazacterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services aze absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small fazm or agricultural uses. Surrounding lands are located within the State Land Use Agricultural and Rural Districts and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are encumbered with Condominium Property Regimes within the Anekona and Kanehoa Estates Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a fora 5.00 acre parcel in the Kanehoa Estates Subdivision. Two other similar applications within the Anekona Estates Subdivision are now pending before the County Council. Similaz land use changes were also approved in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-IS-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minitnum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 squaze feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for similar agricultural land uses and uses that aze compatible to the Rural designation. The applicant has stated that the 5.002 acres will be subdivided into two residential\agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standazds and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standazds are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zone urban- and rural- types of uses in azeas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Promote and encourage the rehabilitation and use of urban and rural areas which aze serviced by basic community facilities and utilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed Rural boundazy amendment request would also complement the following goals, policies and standazds of the Housing and Single Family Residential Elements of the General Plan. HOUSING * Attain safe, sanitazy, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. * Improve and maintain the quality and affordability of the existing housing stock. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 * Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. * The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. * The County shall protect residential property values from depreciating influences. SINGLE-FAMILY RESIDENTIAL * To maximize choices of single-family residential lots and/or housing for residents of the County. * To ensure compatible uses within and adjacent to single-family residential zoned areas. * To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. * The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. * Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these azeas shall be developed. The proposed Rural boundazy request also conforms to the LUPAG Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. This request would allow a rural development for Residential-Agricultural uses. Based on the above findings, including the General Plan's goals and policies, the granting of the Rural boundazy amendment would complement and implement the General Plan. All utilities and services aze available to the property which are essential to accommodate rural development. The primazy access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Street. Both roadways have aright-of-way width of 50 feet with a 20-foot agricultural standazd pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Water is provided by a 6-inch County water line which fronts the project site. 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. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). While the subject property is within the State Land Use Agricultural and County's Agricultural - Sa zoned districts, it is not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the subject property aze classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. The surrounding properties aze also in the County's Agricultural-Sa, Agricultural-la, and Residential and Agricultural-2a zoned districts, and State Land Use Agricultural and Rural districts. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties in view of the surrounding properties and permissible uses. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies azticulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towazds achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitazy, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential azeas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (5) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (6) Foster a vaziety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment to the Rural District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Change of Zone Application In order to consider an azea for any type of zoning designation, the applicable goals, policies and standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz areas in the County. The Change of Zone Application from Agricultural-5 acres (A-Sa) to Residential and Agricultural- 2 acre (RA-2a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use, Economic, and Agricultural Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use and Economic goals, policies and standards aze set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. ECONOMIC * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that aze compatible with the County's natural and social environment. The applicant is proposing to create a two lot subdivision using a 2.000 acre portion near Kanehoa Drive and a 3.002 acre pazcel adjacent to the Keanuiomano Stream for residential/agricultural purposes. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the vazious land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Extensive Agricultural. However, the Anekona Estates Subdivision as well as the adjacent subdivisions aze a mixture of residences and limited agricultural activities. Therefore, it is determined that the request is consistent with the rural low-density development form depicted on the LUPAG Map for this area of South Kohala. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Department of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 6 to 20 percent slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazazd is moderate. These soils aze used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Surrounding lands aze located within the State Land Use Agricultural and Rural Districts and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmazk Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that aze encumbered with Condominium Property Regimes within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In June 1998, the County Council approved a State Land Use Boundazy Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for a 5.00 acre pazcel in the Kanehoa Subdivision. Similar land use changes were also approved in October 1996 for two 5-acre parcels within the Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have a right-of-way width of 50 feet with a 20-foot agricultural standazd pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well as the adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the fair share contribution towazds roads. Water for the proposed subdivision development will be provided by the existing 6-inch line. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the subject property and surrounding azeas have been extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 any adverse impact on cultural or historical resources. The property is designated Zone X, an azea determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the SLU Boundazies Map H-14 and Section 25-8-7 (North and South Kohala Districts Zone Map) are transmitted. We are enclosing a copies of the applications and a copy of the staff background for your information. Sincerely, onazd Tanaka, Chairman Planning Commission LMarxR02.PC Enclosures cc: Mr. Gregory Mooers Mr. Robert P. Mazx Department of Water Supply Kazu Hayashida/DOT-Highways,Honolulu State Land Use Commission West Hawaii Office t ~ BMazxOLemm-3/9/99 BOUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ROBERT P. MARK STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-002) CHANGF. OF 7,ONE APPLICATION (REZ 99-003) ROBERT P. MARX has submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.002 acres of land. The property is located in Anekona Estates Subdivision on the south side of Kanehoa Drive and approximately 1,450 feet east of the Kawaihae Road- Anekona Street intersection, Ouli, South Kohala, Hawaii, TMK: 6-2-11:27. GF. .RAi.INFO ATION 1. Land Ownership: Robert P. Marx is the fee owner of the subject property. PROPOSED DEVEIAPMENT 2. Request: The applicant is proposing to change the existing Agricultural land use designation to Rural and changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.002 acres of land. 3. Objectives: "The applicant is proposing to create a two lot subdivision using a 2.000 acre portion near the Kanehoa Drive and a 3.002 acre parcel adjacent to the Keanuiotnano Stream. "The existing lot presently has an access point off of Kanehoa Drive that will accommodate the two proposed lots. "The 2.000 acre lot 27-A has a home on it, the proposed 3.002 acre lot 27-B is presently undeveloped." 4. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -State Land Use Bo~mdary Amendment and Change of Zone Applications dated December 17, 199!3) CTATE ND COLi_NTP PLANS 5. SLU: Agricultural. ATTACH: C-245 (B-65 & 66) 1 l 6. Hawau State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa) under the present Zoning Code. However, prior to the adoption of the December 7, 1996 Zoning Code, the subject parcel was zoned Unplanned. 10. SMA: The property is not situated within the Special Management Area. nFC~R?p'!'tON OF SiTRTF.CT PROPERTY AND SU1tROU1y1~1NG A_RFA 11. Property: The subject property has a total area of 5.002 acres. The property is rectangulaz shaped, and is located within the Anekona Estates Subdivision, a 36-lot subdivision. There is one existing dwelling on 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 and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmazk Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There aze approximately 25 lots that are encumbered with Condominium Property Regime within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. In July 1998, the County Council approved a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a fora 5.00 acre pazcel in the Kanehoa Estates Subdivision. Two othtr similar applications within the Anekona Estates Subdivision aze now pending before the County Council. Similar -2- land use changes were also approved in October 1996 for two 5-acre pazcels within the I{amuela Plantations Subdivision. 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Laad Study Bureaa's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor). 15. U.S. Soil Survey: The soils aze classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 2096 slopes. This surface layer is very dazk brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dazk, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils aze used for pasture. 16. I?IItM: The subject property is located within Zone X, area determined to be outside the 500-yeaz flood plain. 17. Flora/Fauaa Resources: According to the applicants' environmental report, the natural vegetation occurring on Ute property consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. No native fauna was observed on the site. Common animal species in the azea include field mice and mongoose. There aze no known or recorded rare or endangered animal or plant life in the azea. 18. Archaeological Resources: According to the applicants' environmental report, no lustoric or archaeological sites were present on the pazcel. The property has been previously grazed by cattle. A single family dwelling is located on a portion of the property. 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. -3- rrrxr.rc Lrrrr. c .RVi 19. Access: The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have a right-of--way width of 50 feet with a 20-foot agricultural standazd pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. 20. Water: Water is provided by an existing 6-inch waterline that fronts the subject property. 21. Wastewater: There is no municipal sewer system in the azea. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. 22. Utilities: Electrical and telephone service aze or will be made available to the property. Ac:Elvc>ES' coNn?~rrrs 23. Department of Public Works (February 11, 1999 Memo): "We have reviewed the subject application and offer the following comments: 1. Building shall wnform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. 4. Portions of the project azea are within the Keanuiomano Stream drainage easement; identify the easement boundaries on the plans." Applicant's Response (March 9, 1999 Letter): "Your letter of February 23, 1999, transmitted the comments on the above applications by the Department of Public Works. I have reviewed these comments with the client and we will comply." -4- 24. Police Department (February 17, 1999 Memo): "Staff his reviewed the above-referenced application and does not foresee that the request will negatively affect public safety or traffic conditions in the area. " 25. Fire Department (March 1, 1999 Memo): "We have no comments on the above-referenced State Land Use Boundary Amendment and Change of Zone Applications." 26. Department of Land and Natural Resources -Land Division (February 26, 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 matter." 27. Department of Land and Natural Resources -Historic Preservation Division (February 24, 1999 Letter): "This is in reply to your letter of February 4, 1999, with a request for our comments on the above referenced applications. We appreciate the opportunity to review and comment on applications such these. "We have no records of historic sites on the subject pazcel, which to our knowledge has not been surveyed for azchaeological sites, however. The application states that there is no evidence of historic sites on the 5.002 acre pazcel, which is said to have been extensively graded and used for castie(sic) pasture. Based on this information we believe that the proposed rezoning will have 'no effect' on significant historic sites." 28. Department of Health (February 8, 1999 Memo): "By current rules, the subject lot(s) is located in an azea where one cesspool is allowed for lot size of five acres or more. Any lots less than five acres will require a septic system. For condition of subdivision approval, the Health Department will require any existing cesspools on lots(s) 27-A be upgraded to a septic system." 29. Land Use Commission (February 10, 1999 Letter): "We have reviewed the applications for the subject project forwazded by your memorandum dated Februay 4, 1999, and confirm that the subject pazcel is designated within the State Land Use Agricultural District. -5- "We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject applications." 30. Department of Water Supply: (See Exhibit B -March 15, 1999 Memo): 31. Department oP Transportation: (See Exhibit C -February 22, 1999 Letter and Applicant's Response -March 9, 1999 Letter) AGENCIES - NO IzF.cpONSF. 32. Department of Finance -Real Property Tax, Department of Agriculture, and Natural Resources Soil Conservation PIrsl.i~ coMMENTs 33. The Department has not received any comments or objections from the general public or adjacent landowners on the subject applications. -6- COUN OF riAWAII PLA,dNI?IG DE??:. !E`'-' APPLICATION dOR STATE LAND USE BOUNDA:._ AMENDMENT (15 ACRES OR LESS) APPLICANT: D APPLICANT'S SIGNATURE: MAILING ADDRESS: Egg Kinonle Hilo. Hawaii 96720 TELEPHONE: (BUS) 935-gggg (HOME) LANDOWNER: ~ LANDOWNER'S SIGNATURE: TAX MAP KEY: 6- -11:27 ' LAND AREA: 5.00? arras CURRENT STATE LAND USE DISTRICT CLASSIFICATION: ^gric^~tu-~~ REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. ~.~H~B~X 0400q ~ ~ ' PD 2/26/87 COLfiTI' OF HA«'AII ....A.1\iVING DEPARTMENT (Type or legibly print the requested information) .-APPLICANT: Robert P. Marx APPLICANT'S SIGNATURE: DATE:/r,/9 g .ADDRESS: 688 Kinoole Street Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 935-8988 (Res.) (Fax) L.~.\'DOWNER(S): Robert P. Marx `_~\TDOWNER SIGNATURE(S): DATE: 2 LAA'DOWNER(S) ADDRESS: 688 Kinoole a, Hi o,° Hawaii 96720 i2EQUEST: Agricultural 5-acre (A-Sa) TQ Residential-Agricultural 2-acre (RA-2a) ~~~'°f?PP'•"f3 (Proposed Zanin~ :'AX MAP KEY: STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.002 acres .GENT: Greeorv R Mooers Mooers Fnrornr c c ADDRESS: P. o. aox 1101 Kamuela. Rawaii 96743 ~LEPHONE:(Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 ?:ease indicate to whom original correspondence and copies should be sent. ~IZIGINAL: Mooers COPIES: Marx (See Instructions on Reverse Side) F,_r_~.._tural nazoniag COL'\~~' v? u1I<,'_` :a.°PLIC~:I01 OR CF?~.VGE OF ZONE 1. your request is approved, do you intend to subdivide the subject '.and in accordance with the approved change of zone? Yes If ves, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.002 acres b. Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? Yes If ves, please answer the following questions: On how many of those lots? There is presently one house, 2 one more will be constructed. At what approximate price range? House S300.000 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? immediate l: 1 in one yea- If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. E~2€d 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 :ou _..:end to .,o either a, b, ^'-ease e_abc_~te of Mans the other party has. Please, aise, i.^.c:c:;e _ answer approxi:tately how soon after approval c. our rezoni^._ do you expect to transfer the subject land to another part•:. 3. Jo you think that your request and your further plans for the land gill alleviate the local housing situation? Yes IiOW? The proposed action will provide two residential-agricultural house-lot packages in the highly desirable South Kohala district. 4. Are there any buildings on the subject area? Yes If so, what kind? There is presently a single-family home on the site. What do you intend to do with those buildings if your request is approved? The present lot will be subdivided and there will be one lot with the existing home and one will be vacant. 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on haw many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? _Z_ _ ~~.._..:r2~ _2a52s JL ~:-.2r .__'.5 2554r 3.^,.~ t..~_ -_2 '7 ucer5 CI i2a5ee would Cut Lne Su7~ECt area in CC sJ-:e _CI' CC 3gZ1CLLlLUral USe'. Please state Che proposed. .;~pe J. arrangement. ?=ease submit your agricultural plans for the subject area and .resent evidence of consideration of the above requirements together •.:ith your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? ~o If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? I4o If so, what kind? Is the road adequate for the proposed traffic volume or load? veG 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes `10 a. Schools X b. Roads X c. Sewer X d. Drainage X -3- :eS ' z. Police Protection Fire Protection S Recreational Facilities X h. Public Ctilities x i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 1 Signature: Address: ilo Hawaii 96720 Telephone: 335-A4R8 Date: ~7 ~f/r~ -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICUL' TURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ROBERT P. MARX TAX MAP KEY (3) 6-2-11:27 Lot 27 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two- acre (RA-2a) zone. The subject property (5.002 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-11:27 GENERAL INFORMATION I. Robert P. Marx is the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a 2.000 acre portion near the Kanehoa Drive and a 3.002 acre parcel adjacent to the Keanuiomano Stream. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. The 2.000 acre lot 27-A has a home on it, the proposed 3.002 acre lot 27-B is presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicant does not intend to immediately improve the second lot at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplazmed. 11. The property is not located within the Special Management Area of the County of Hawau. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.002 acre pazcel located on the south side of Kanehoa Drive approximately 3/8'" of a mile south of Kawaihae Road. 13. The site presently has one home located on it and the balance of the site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no azchaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Platmittg Department disclose any significant findings attributable to the subject property. 15. Common animal species in the azea include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils aze used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (P~"D) This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface laver and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-1 a, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below the site that hosts a 30-unit affordable housing project, Ouli Ekahi. There is also a 20-unit self-help project being developed at Ouli. 24. The uses of the property in the immediate area are rurallresidential in character with minimal agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. Five parcels have Re- districted and re-zoned in the manner the applicant is proposing. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the azea. APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE' OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ROBERT P. MARX TAX MAP KEY (3) 6-2-11:27 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Ptan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as chazacterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other pazcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (I)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. .A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of Low-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural pazks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towazds achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. Stimulate and promote feasible approaches that increase housine choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSIN • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII.Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-sn•le residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small fazms aze intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land 5•om the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site azea in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-yeaz flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIIyENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ROBERT P. MARX TAX MAP KEY (3) (r2-11:27 A. SUBJECT REQUEST: The applicant is proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.002 acres and will be subdivided to create two lots, 2.000 acres and 3.002 acres. One of the proposed lots, 27-A, is developed with a single-family home, the other lot, 27-B, is presently vacant but will be developed at some time in the future for use as a residential agricultural lot. The present lot has access points on Kanehoa Drive that will provide access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Cotnmission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surcounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding azeas. (5) Foster a vaziety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in azeas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The coumy shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The Coumy shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services aze absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be orily within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject properly. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Aneknoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offRawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectiTied or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVII2ONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.002 acre parcel located on the south side of Kanehoa Drive approximately three-eighths of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. There is asingle-family home on a portion of the site with the balance of the site undeveloped and barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle and graded for development, it is expected that no archaeological feattues exist on the property or that it provides a habitat for endangered plants or animal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records ~ in the Planning Department disclose atry significant findings attributable to the subject property. 6. Common animal species in the area include 5eld mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of I to 9, orily a few percent of this area has been covered by lava in the past 10,000 years. 10 The t~nited States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surrounding properties aze located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject pazcel where a 30-unit affordable rental housing project, Ouli Ekahi, is sited. There is also a 20-unit self-help project at Ouli. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There aze five parcels that have re-districted and re-zoned in the same manner the applicant is proposing. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located seven miles east of the site in Waimea. 6. The nearest 5re station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Pazk and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the azea. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the pazcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIItM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the chazacter of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9 The proposed action will result in sli¢htly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 0. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. I5. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-11:27 LOT 27 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME pa~N Opuntia tuna cactus Bothriochloa babinodis Buflle grass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera aril Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava ~a ; _ _ _ _ ' ~ ~ ~ ~1~ ~1~~+ e i i ~I .;T:. r ~~'su ! ~i~~ ,,,(/a ~ ~ i ~ a ~ ~ ~ N ob ~ °tl ~ ~ ~ ~ ~~a ' i ~ ~ , 8~ ~ ~ , »a FAQ o ~ ~i ~ s. a ~ r «g p ~11 t~ t~ 1.1 if ~~~,tkt ~ I, ~ t'' j . . SITE PHOTOGRAPHS _ _ - `T~= _ _ f a.~ a'~ ' m 'iiii ' _ •..Qi~ ~1 View looking east at the home on proposed lot 27-A. _ _ ?_YY '~f ~~_'e.~. g> ?~IJ 1 sra'•. - View looking south at proposed lot 27-B. SITE PHOTOGRAPHS ti:. View looking west at the affordable projects at Ouli. - -~-s '"'f 'r r r. t ~ yiOYi~ '?!Y ri View looking north at neighboring properties. a• ui4 O '`6 e~ ~i ii DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII e~~~i e~+, 25 AUPU NI STREET HILO, HAWAII 96720 °j xntl~ TELEPHONE (608) 961-8660 FAX (606) 961-6657 ~ March 15, 1999 T0: Planning Department _ FROM: Milton D. Pavao. Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-002) REQUEST: AGRICULTURAL TO RURAL CHANGE Of ZONE APPLICATION (REZ 99-003) APPLICANT - ROBERT P. MARX REQUEST: A-5a TO RA-2a TAX MAP KEY: 6-2-011:027 We have reviewed the subject application for the proposed state land use boundary amendment and change of zone and have the following comments. Water can be made available from an existing 4-inch waterline within a road and utility easement 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 comnitm~ent deposit is 5150.00. 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. One of those conditions will be that the 5/8-inch meter is restricted to a maximum daily flow of 600 gallons. Should the daily use exceed this amount, the Department reserves the right to require the installation of a larger meter and the payment of the appropriate facilities charge. 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. EXHIBIT ; Planning Department Page 2 March 15, 1999 , 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. Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii. 2. Remit the prevailing facilities charge, which is subject to change, of 53.375.00. This is 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. 1~-' Milt D. avao, P.E. Mana r BCM:gms copy - (w/att.) Mr. Robert P. Marx (w/o att.) Mooers Enterprises BENJAMIN J. CAVETANO GOVERNDR or x~ KAZU NAVASHIDA tr ~ uq ~ i DIRECTOR DEPUTY DIRECTORS ~ f GLENN MK pKIM0T0 STATE OF HAWAII DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96613-5097 2 2749 FEB 2 2 1999 C - r- Ms. Virginia Goldstein Director Planning Department _ ~ County of Hawaii _ 25 Aupuni Street, Room 109 ~ ~ Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: State Land Use Boundary Amendment Application (SLU 99-002) Request: Agricultural to Rural Change of Zone Application (REZ 99-003) Request: A-Sa to RA-2a Applicant: Robert P. Marx TMK: 6-2-11:27 Thank you for your transmittal of February 4, 1999, requesting our review and comments on the subject application. The proposed 2-lot subdivision by itself should not result in any significant impacts on our State highway facilities. However, we view the application as a precedent leading to greater housing density and vehicular traffic. If more of these 2-lot subdivisions aze permitted, their cumulative effects will result in increased traffic and safety impacts at the intersections of our Waimea-Kawaihae Road with Anekona and Kanehoa Streets. We understand that you aze aware of this problem and aze presently investigating the possibility of having all of the subdivision owners shaze the costs of any needed highway improvements channelizing and illuminating the intersections. ii 7~ . C , OVA' ~~3 Ms. Virginia Goldstein HWY-PS 2.2749 Page 2 , FEB ~ 2 1999 For further help in determining the needed improvements, please contact our Highways District Office in Hilo. Very truly yours, a~ KAZU HAYASHIDA Director of Transportation MOOERS ENTERPRISES P.O. Box t 1 O 1 )CAMUEtA, HAWAII 96743 r' March 9, 1999 ~ ~ T „ ~ ~ J Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street Ililo, Hawau 96720 Re: State Land Use Boundary Amendment Application (SLU 99-002) Request: Agricultural to Rural Change of Zone Application (REZ 99-003) Request: Agricultural (A-Sa) to Residential-Agricultural (RA-2a) Applicant: Robert P. Mar: Taz Map Key: 6-2-11:27 Dear Ms. Goldstein: Your letter of March 5, 1999, transmitted the comments on the above applications by the Department of Transportation. I have reviewed these comments with the client and we understand that this is the standard comment for change of zone applications in this area. We agree to comply with the standard condition of approval that has been applied to other such rezonings in this immediate area. If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sincerely, ~ Greg~R. Mooers President G1tM:sp ~ UF.: 6 PHONE: (BOB) 8856839 FAX: (808) 665-1574 EMAIL: GMOOERS@IBM.NET MOOERS ENTERPRISES P.O. BoX 1 t O 1 KAMUELA, HAWAII 96743 COUNCIL COPY DO NIT ItI~MOVE ' STATE LAND USE BOUNDARY AMENDMENT Agricultural to Rural CHANGE OF ZONE APPLICATION Agricultural 5-acre, Previously Unplanned to Residential Agricultural 2-acre Robert P. Marx TMK: (3) 6-2-11:27 Anekona Estates Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises February 2, 1999 PHONE: ~8~8I 885$83) FAx: (808) 885-1574 EMAIL: GMOOERS@IBM.NET Z ~j Y E> e> lac COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT• APPLICANT'S SIGNATURE: MAILING ADDRESS: 68R Kinoole Hilo Hawaii 967 0 r~ TELEPHONE: (BUS) 935-8988 (HOME) ~ LANDOWNER: LANDOWNER'S SIGNATURE: TAX MAP KEY: 6- -1.27 LAND AREA: 5 002 ^rrec CURREN'P STATE LAND USE DISTRICT CLASSIFICATION: ~$,_ult~~-mil REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q PD 2/26/87 ~,iit~l.~,.." vi vv1~L' tirtLlt.L~11V1~1 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) .APPLICANT: Robert P. Marx APPLICANT'S SIGNATURE: DATE:~~ ADDRESS: 688 Kinoole Street Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: . PHONE:(Bus.) 935-8988 (Rest (Fax) - LANDOWNER(S): Robert P. Marx LANDOWNER SIGNATURE(S): DATE: ? ~ /9 9 LANDOWNER(S) ADDRESS: 688 Kinoole a, H b o,e Hawaii 96720 REQUEST: Agricultural 5-acre (A-Sa) .r.0 Residential-Agricultural 2-acre (RA-2a) C3 ~ls~i~1 z~l : z7 (Proposed Zoning TAX MAP ICEY: l J STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.002 acres .AGENT: Greeorv R. Mooers Mooers Fntero ise ADDRESS: P. 0. Box 1101 Kamuela. Hawaii 96743 TELEPHONE:(Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 Piease indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: Marx (See Instructions on Reverse Side) ATTACH"fENT 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 please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.002 acres b. Into what lot sizes? 2+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: On how many of those lots? There is presently one house, 2 one more will be constructed. At what approximate price range? House 00 00 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 immediately 1 in one year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 r f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes HOW? The proposed action will provide two residential-agricultural house-lot packages in the highly desirable South Kohala district. 4. Are there any buildings on the subject area? Yes If so, what kind? There is presently a single-family home on the site. What do you intend to do with those buildings if your request is approved? The present lot will be subdivided and there will be one lot with the existing home and one will be vacant. 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- j d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? 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 ~o e. Police Protection _ R f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: o e ilo Hawaii 96720 Telephone: g35-89$$ /J Date: 6~..~-~- ~7 f~~ -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ROBERT P. MARX TAX MAP KEY (3) 6-2-11:27 Lot 27 Anekona Estates Being a Portion of R.P. 2237, L.C. Aw. 8518-B, Ap. 1 to James Young Kanehoa at Ouli, South Kohala, Island of Hawaii, Hawaii We aze requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone, previously known as Unplanned, to the Residential-Agricultural two- acre (RA-2a) zone. The subject property (5.002 acres) is located in the Anekona Estates Subdivision on the south side of Kawaihae Road approximately across from the 64 mile mazker in Ouli, South Kohala, Hawaii TMK: 6-2-11:27 GENERAL INFORMATION 1. Robert P. Marx is the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a 2.000 acre portion near the Kanehoa Drive and a 3.002 acre parcel adjacent to the Keanuiomano Stream. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. The 2.000 acre lot 27-A has a home on it, the proposed 3.002 acre lot 27-B is presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Anekona Estates subdivision. 6. The applicant does not intend to immediately improve the second lot at this time. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRII'TION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.002 acre parcel located on the south side of Kanehoa Drive approximately 3/8a' of a mile south of Kawaihae Road. 13. The site presently has one home located on it and the balance of the site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 15. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine foams that formed in volcanic ash. The soils are gently sloping and most azeas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side ofHualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the Anekona subdivision and Kanehoa subdivision, A-Sa, is immediately east. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district azea located below the site that hosts a 30-unit affordable housing project, Ouli Ekahi. There is also a 20-unit self-help project being developed at Ouli. 24. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. Five parcels have Re- districted and re-zoned in the manner the applicant is proposing. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located seven miles east of the site in Waimea. 32. The nearest fire station is located seven miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ROBERT P. MARX TAX MAP KEY (3) 6-2-11:27 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the azeas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surcounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 squaze feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural pazks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII.Y RESIDENTIAL • To maximize choices ofsingle-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned azeas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned pazcels as it is part of the Anekona Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to azeas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-yeaz flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicant requests that this request for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONER: ROBERT P. MARX TAX MAP KEY (3) 6-2-11:27 A. SUBJECT REQUEST: The applicant is proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Aneknoa Estates subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.002 acres and will be subdivided to create two lots, 2.000 acres and 3.002 acres. One of the proposed lots, 27-A, is developed with a single-family home, the other lot, 27-B, is presently vacant but will be developed at some time in the future for use as a residential agricultural lot. The present lot has access points on Kanehoa Drive that will provide access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicant believes the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other pazcels of land which are surrounded by, or contiguous to this district, and aze not suited to low-density residential uses for small farm or agricultural uses. 2. The applicant believes the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similaz agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural pazks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fixlfilling the permissible uses of the rural designation. 3. The applicant believes that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towazds achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicant believes the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity ofsocio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The azea under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicant believes the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms aze intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicant believes that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicant believes the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Aneknoa Estates Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to azeas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicant believes all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicant believes the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicant believes the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVII2ONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.002 acre parcel located on the south side of Kanehoa Drive approximately three-eighths of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. There is asingle-family home on a portion of the site with the balance of the site undeveloped and barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle and graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the azea. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of I to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoffis medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where a 30-unit affordable rental housing project, Ouli Ekahi, is sited. There is also a 20-unit self-help project at Ouli. 16. The uses of the property in the immediate area aze ruraUresidential in character with minimal agricultural activities. 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There are five parcels that have re-districted and re-zoned in the same manner the applicant is proposing. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACII.ITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lot would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The neazest police station is located seven miles east of the site in Waimea. 6. The nearest fire station is located seven miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located six miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (six miles east) and private schools (4 miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIRM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the character of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable corrunitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-11:27 LOT 27 ANEKONA ESTATES SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Butlle grass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera aril Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava SITE PHOTOGRAPHS _ ~ a~r~ eE~ t e - E: , fir, . y:A. ~ 3 T r{w View looking east at the home on proposed lot 27-A. I~ M T:' ix . rT.:u'. r.R [.'bl ~»rvew~~ f View looking south at proposed lot 27-B. SITE PHOTOGRAPHS , /F: rv ~FJ{f.4,.~:, S-. K. View looking west at the affordable projects at Ouli. ~t K:r..., ~ View looking north at neighboring properties. t t 4 N r i'l . i ' I I II SI, 141 • O i 1 • II i _ i I 1 1 e" 4 i • it 4�• ° .. 0 Y L. V 1 ° L t v o 1 W' $ $' b t 2 11 41 s g , Y • v Y to N r n 1 - to 01- y �`a O 0 03 a �° n $ cola 1 a � ° r i CO 0 oo s , d Vir V '��io� .r d O � : � C O Z . '.rta • r C P. Er z 'id S}lll ti O :V : C 2 Iii i t v " 0 * — .4- 404. 14440.4........................, `I.(1 <rly" I: ■ O 11 kit . % lige .. „,, I? 0 air ti " s o ' - e A NS el 2 / RFAR UiU – SrR(AAr— 4 ' e �S V +A ° • v 1 t A t A M• t o I� 1 c gg - y reG F 3 .f"tY OR M~ 4v ~••~.•••~~i BOBBY JEAN LEITHEAD-TODD ~ ^ ^%w Phone: (808) 961-8261 Cauncilmem6er FAX: (808) 969-3291 ..j_ .1 .J.~ fit! Oi~Mj COUN`T'Y COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 April 27, 1999 Bill No(s). :65/66 Comm. No(s). :245 Robert P. Marx 688 Kinoole Street, Suite 105 Hilo, HI 96720 Subject: State Land Use Boundary Amendment Application (SLU 99-002) Request: Agricultural to Rural Change of Zone Application (REZ 99-003) Request: A-Sato RA-2a Applicant: Robert P. Marx Tax Map Key: 6-2-11:27 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. 2y5 File No. -~r^ lt<rl M.B. No. Date U 4 ~ Robert P. Marx 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~~~ / obby Jean Leithead-Todd, Chair Committee on Planning Attachment (PC Agenda) /o~ ~r o, !yti.. J 46r,<. l ~rii~•u~:N'tJ; OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 9620 June 17, 1999 Rcfcr. Bill GS C-2~5 To: Mayor Rc: Ordinance Bill Amending the State Land Use Boundaries Map, H-14 for the County of Hawaii, by Changing the District Classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, Covered by Tax Map Key 6-2-I 127 (Approximately 5.00? Acres) Applicant Robert P. Marx The following is the action of the Hawaii County Council adopted at its meeting held May 25. 1999: Bill 6~ passed First Reading Approve and adopt PC Report 35 COUNTY CLERK Att. xc: Planning Director Planning Commission Comm. No. File No. 2~1 C1 M.B. No. Date: MAY 2 1-~ gqg~ REPORT OF THE COMMITTEE ON PLANNING DATE: May 4, 1999 Re: C-245Bi11 No. 65 PLACE: Councilroom TIME: 1:41 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bilt No. 65, transmitted by Mayor Stephen K. Yamashiro per Communication No. 245, dated Apri19, 1999, regarding the State Land Use Boundary Amendment request by Robert P. Mara, at Ouli, South Kohala, Hawaii, TMK: 6-2-11:27, reports as follows: Bill No. 65 amends the State Land Use Boundaries Map, H-14 for the County of Hawaii by changing the district classification for 5.002 acres of land from an Agricultural to a Rural District. The rectangulaz shaped subject property, owned in fee by the applicant, is located in the Anekona Estates Subdivision on the south side of Kanehoa Drive approximately 1,450 feet east of the Kawaihae Road-Anekona Street intersection. The applicant is proposing to subdivide the subject pazcel into two lots, consisting of a 2.000 acre portion neaz the Kanehoa Drive and a 3.002 acre parcel adjacent to the Keanuiomano Stream. The subject pazcel presently has an access point offKanehoa Drive that will accommodate the two proposed lots. The 2.000 acre lot (27-A) has a home on it, and the proposed 3.002 acre lot (27-B) is presently undeveloped. The State Land Use classification is "Agricultural" and the General Plan Land Use Pattern Allocation Guide (LUPAG) Map classification is Agricultural which allow uses for pasturage and range lands. The County Zoning is A-Sa under the present Zoning Code, and Unplanned under the previous Zoning Code which was adopted prior to the adoption of the December 7, 1996 Zoning Code. Sunounding lands are the Kanehoa Subdivision, a 26-lot subdivision immediately to the east and zoned A-Sa; the Kamuela Plantations, a 10-lot subdivision, located further to the east and also zoned A-Sa; and the Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road and further to the northeast and zoned A-3a. These subdivisions include single- family residential and agricultural uses and/or vacant lands. There aze approximately 251ots in the Anekona and Kanehoa Subdivisions which have the Condominium Property Regime distinction. The Ouli affordable housing project is located to the west of the Anekona Estates and is within the State Land Use Urban District. PC-25 PC-25 Page 2 May 4, 1999 The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Soils within the subject property aze classified as "E" (Very Poor). Soils are classified as Puu Pa extremely stony very fine sandy loam. Permeability is moderately rapid, runoff is medium, and the erosion hazazd is moderate. These soils are used for pasture. The subject property is located within Zone X, an azea determined to be outside the 500-yeaz flood plain. There aze no known or recorded rare or endangered animal or plant life in the area, and there aze no historic or azchaeological sites on the parcel, which was previously grazed by cattle. Access to the subject property, which is located on Kanehoa Street from Kawaihae Road, is via Anekona Street. Both roadways have aright-of--way width of 50 feet with a 20-foot agricultural standazd pavement. Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Water is provided by an existing 6-inch water line that fronts the subject property. 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, so the applicant would be required to dispose of wastewater into a septic tank system. All other utilities aze or will be made available to the subject property. Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration to the State Land Use district amendment. Your Committee on Planning is in accord with the intent and purpose of Bill No. 65, and recommends it pass first reading. AYES NOES A & E EX Respectfully submitted, LEITHEAD-TODD X TYLER x COMMITTEE ON G CHUNG X ELARIONOFF X JACOBSON x BY JEAN LEITHEAD-TODD, C AIR PISICCHIO X SMITH x PC REPORT NO. 25 YAGONG X ARAKAKI E.O.M. X ADOPTED: MAY 2 5 • • y' ~6ia: ~u •N/1 O/~N/~-' OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 9620 June 17, 19)9 Refer: Bill 6G, Draft 2 C-245.00 l To: Mayor Re: Ordinance Bill Amending Section 2>-3-7 (iVorth and South Kohala District Zone Map), Article 8, Chapter ?5 (Zoning Code) of the Hawaii County Codc, by Changing the District Classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, Covcrcd by Tax Map Key 6-2-I 1:27 (Approximately x.002 Acres) Applicant Robert P. Marx The following is the action of the Hawaii County Council adopted at its meeting held Mav 25, 1999: Bill 66, Draft 2, passed First Reading Approve and adopt PC Report 26 COUNTY C GRK Att. xc: Planning Director Planning Commission Comm. No. ~ 0 File No. zti( K+~" l~A.B. No. Date:MA I yy REPORT OF THE COMMITTEE ON PLANNING DATE: May 4, 1999 Re: C-245Bi11 No. 66 PLACE: Councilroom ' TIME: 2:41 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 66, transmitted by Mayor Stephen K. Yamashiro per Communication No. 245, dated Apri19, 1999, regarding the change of zone request by Robert P. Mara, at Ouli, South Kohala, Hawaii, TMK: 6-2-11:27, reports as follows: Bill No. 66 amends Section 25-8-7 (North and South Kohala District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 5.002 acres of land from an Agricultural (A-Sa) to a Residential and Agricultural (RA-2a) zoned district. The rectangular shaped subject property, owned in fee by the applicant, is located in the Anekona Estates Subdivision on the south side of Kanehoa Drive approximately 1,450 feet east of the Kawaihae Road-Anekona Street intersection. The applicant is proposing to subdivide the subject parcel into two lots, consisting of a 2.000 acre portion neaz the Kanehoa Drive and a 3.002 acre parcel adjacent to the Keanuiomano Streazn. The subject pazcel presently has an access point off Kanehoa Drive that will accommodate the two proposed lots. The 2.000 acre lot (27-A) has a home on it, and the proposed 3.002 acre lot (27-B)is presently undeveloped. The State Land Use classification is "Agricultural" and the General Plan Land Use Pattern Allocation Guide (LUPAG) Map classification is Agricultural which allow uses for pasturage and range lands. The County Zoning is A-Sa under the present Zoning Code, and Unplanned under the previous Zoning Code which was adopted prior to the adoption of the December 7, 1996 Zoning Code. Surrounding lands are the Kanehoa Subdivision, a 26-lot subdivision immediately to the east and zoned A-Sa; the Kamuela Plantations, a 10-lot subdivision, located further to the east and also zoned A-Sa; and the Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road and further to the northeast and zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots in the Anekona and Kanehoa Subdivisions which have the Condominium Property Regime distinction. The Ouli affordable housing project is located to the west of the Anekona Estates and is within the State Land Use Urban District. PC-26 PC-26 Page 2 May 4, 1999 The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Soils within the subject property aze classified as "E" (Very Poor). Soils aze classified as Puu Pa extremely stony very fine sand loam. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils aze used for pasture. There are no known or recorded rare or endangered animal or plant life in the azea, and there are no historic or azchaeological sites on the pazcel, which was previously grazed by cattle. The subject property is located within Zone X, an area determined to be outside the 500-year flood plain. Access to the subject property, which is located on Kanehoa Street from Kawaihae Road, is via Anekona Street. Both roadways have aright-of--way width of 50 feet with a 20-foot agricultural standard pavement. Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Water is provided by an existing 6-inch water line that fronts the subject property. 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, so the applicant would be required to dispose of wastewater into a septic tank system. All other utilities aze or will be made available to the subject property. Bill No. 66, Draft 2, which inserted the standazd language to prohibit the construction of a second dwelling unit on each lot as Condition I and renumbered the remaining conditions, was circulated and approved by Your Committee. 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. 66, Draft 2, and recommends it pass first reading. AYES NOES A & E EX LEITHEAD-TODD X Re3peCtfully submitted, TYLER x COMMITTEE ON PL G CHUNG x ELARIONOFF X JACOBSON X ~ ~ O PISICCHIO x Y JEAN LEITHEAD-TODD, HAIR SMITH x YAGONG x PC REPORT NO. 26 ARAKAKI E.O.M. x ADOPTED:__T,Y 25 1999