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HomeMy WebLinkAboutCOM 0281.000 1998-2000 Mir.M ' " ~•~'••s William G. Davis Mawging Director Stephen K. Yamashiro 'ma'y°r Henry Cho ~i~ . ~ ,}y,~r Deputy Managing Director ~ O• M~ ~nixztfg n~ ~.ttfuttii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (BOB) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakvti Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 3265663 Apri126, 1999 - - Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 96-159 (REZ 840) Applicant: Finance Holdings Recuest: Amendment to Conditions B, D, E, I, J & K Tax Map Key: 2-2-44:3, 31, 32, 35 and 37 Change of Zone Application (REZ 98-27) Applicant: Nanawale Estates Co. Request: O to RA-la Tax Map Key: 1-4-47:87 Change of Zone Application (REZ 98-28) Applicant: Nanawale Estates Co. Request: O to RA-la and A-Sa Tax Map Key: 1-4-59:77 Change of Zone Application (REZ 98-29) Applicant: Nanawale Estates Co. Request: O to FA-la Tax Map Key: 1-4-76:38 8~7/ ~D Comm. No. File No.?NG DPW Ref. To: PC Re£ Date--~ Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Apri126, 1999 Amend Hawaii County Code -Chapter 23 (Subdivisions) Initiator: Planning Director 1 Amend Hawaii County Code -Chapter 25 (Zoning) Initiator: Planning Director Change of Zone Application (REZ 99-004) / Applicant: Leigh R. Hilbert V Request: O and A-la to FA-2a Tax Map Key: 1-4-73:18 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. Sincerely, ` c~ l--G'1 ji,~~•- p en K.'Y ashiro Mayor I.041699.MAY Enclosures cc: Planning Depaztment vv w y"~•~ ~L~~ ~ • :L Stephen K. Yamashiro W,Y. Major ~II1tII~}~? II~ ~tlfU2itt PLANNING COMII~SSION zs AuFaa Stree[, Raom 109 • Itib,1(...11 %no•~zsz (808) %1$288 Fu (808) %1•%IS APR 2 6 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Deaz Chairman Arakaki and Members: Change of Zone Application (REZ 99-004) Applicant: Leigh R. Hilbert Request: O and A-la to FA-2a Tax Map Key: 1-4-73:18 The Planning Commission, after a duly held public hearing on April 16, 1999, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 4.885 acres of land from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a). The property is located in Vacationland Hawaii Subdivision, Unit II, on the west side of Ililani Road and approximately one mile east of the Kaimu-Kapoho Road intersection, Halekamahina, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz azeas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The subject parcel was created in 1963 as one of 83 - 5± acre lots with the intent that it would be used for agricultural purposes. The Open zoning designation was adopted in 1967 in conformance with the newly-adopted State Land Use Conservation District designation (1964). The State Land Use Boundary lines were drawn using the Halekamahina land division as the dividing line without consideration of the subdivision. As a result, this and several other parcels were placed in the Open zoned district for consistency. In the 1971 State Land Use Commission (SLUG) approved Vacationland Associates's request to amend the State Land Use Boundary from Conservation to Agricultural. It was determined that the boundary amendment to an agricultural district would result in a more appropriate land use. Subsequently, in 1991 Michael Smith's request to rezone TMK: 1-4-73:2 to Agricultural (A-Sa), located east and across the street from the subject's, was rezoned by the County Council. The request was approved as the use would be consistent with the original intent of the creation of the pazcel, be in conformance with the General Plan and State Land Use District and adjacent zoned uses. Approval of this request to change the zoning of the subject pazcel from Open and Agricultural (A-la) to a Family Agricultural (FA-2a) zoned district will conform to the following goals, policies and standazds of the General Plan Land Use and Agricultural Elements: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o Protect and encourage the intensive utilization of the County's important agricultural lands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Agricultural land shall be used as one form of open space or green belt. The Soil Conservation Service Soil Survey Report classifies the soils as Malama Extremely Stony Muck (rMAD). These soils consist of well-drained, thin, extremely stony organic soils over A'a lava and is used primarily for woodland, pasture and orchards. Soils within the subject property also have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Soils within the subject property are classified as "Other Important Agricultural Land" by the ALISH system. Finally, the General Plan LUPAG Map designates the area for Orchards. The proposed rezoning would bring the subject parcel into conformance with the existing Agricultural zoned properties within the Vacationland Hawaii Subdivision. As the existing Open zoning designation applies to areas that contribute to the general welfaze, the full enjoyment or the economic well-being of open land type uses, the applicant would be prohibited from constructing a dwelling with the present zoning. When the State Land Use Commission approved the State boundary amendment from Conservation to Agricultural, it was determined that no significant Conservation characteristics were inherent and the subject lands could be removed and justifiably placed within the State Land Use Agricultural district. Lands adjacent and to the south, west and east of the subject property are zoned Open and range from 3-5 acres in size. The exception, is TMK: 1-4-73:2, which was rezoned from Open to A-Sa effective October 24, 1991. The subject property is in the Vacationland Hawaii Subdivision Increment II which is zoned Agricultural (A-la). Therefore, favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this subdivision. As such, the granting of the proposed use will not adversely affect similar or related existing uses within the surrounding azea, community or region. The proposed change of zone will not unreasonably burden public agencies to provide roads and streets, sewer, water, drainage, schools, police and fire protection, and other related infrastructure. Primary access to the subject area is from the Kapoho Belt Road onto Ililani Road, a private cindered roadway having a pavement of approximately 15 feet within a 40-foot wide right-of--way. Although the Department of Public Works felt that the roads were inadequate to accommodate this request, approval Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 of this request would bring the zoning in conformance with the State Land Use designation and existing surrounding land uses. In addition, road maintenance fees are collected to maintain the existing private roads. As such, the existing gravel roadway is adequate to accommodate the proposed rezoning. Water is presently not available to the subject property and would be by water catchment, as is with many of the other lots within the Vacationland Hawaii Subdivision. However, according to the Department of Water Supply, water can be made available for the existing lot of record from an existing County waterline on Kapoho Beach Road which is approximately 3,200 feet southeast of the subject property. To require the applicant to hook up to the County water system would be cost prohibitive and not be a reasonable requirement. Especially in light of the fact, that the applicant is asking for entitlements that should have run with his property when it was originally approved as a subdivision. Approval of this request would bring this parcel in conformance with existing agricultural lots within the Vacationland Hawaii Subdivision. Therefore, in this particular situation, the requirement that county water be available to the parcel prior to rezoning the subject parcel will not be applicable and the applicant will not be required to connect to the County water system. However, the applicant is requesting for a zoning designation of Family Agricultural (FA-2a), which would allow further subdivision of this 4.88 acres lot. Should the applicant decide to subdivide the property in the future, he will be required to provide the lots with a water system meeting with the approval of the Department of Water Supply prior to securing Final Subdivision Approval. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. All other essential utilities and services aze or will be made available to support the proposed rezoning. The Department of Land and Natural Resources-State Historic Preservation Division (DLNR-HPD) recommends an azchaeological survey be conducted prior to any land alteration activities. The property is undeveloped and has been partially cleared, and the owner has informed that he has walked the property and has not found any archaeological fmdings. As recommended by the Department of Land and Natural Resources-Historic Preservation Division, an azchaeological survey shall be conducted and a cleazance issued from the Depaztment of Land and Natural Resources-Historic Preservation Division prior to any further land clearing activity. A standazd condition shall also be included that the should the applicant, himself, encounter any remains of historic sites, work shall cease and the applicant shall contact DLNR-HPD. Finally, other agencies had no objections to the proposed request. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Based on the above findings, approval of the Change of Zone request from Open (O) and Agricultural (A-la) to Family Agricultural (FA-2a) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-22, the Puna District Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sinc/e~r/elyZ,`~ Leonard Tanaka, Chairman Planning Commission LHi1be02.PC Enclosures cc: Mr. Leigh R. Hilbert Department of Public Works Department of Water Supply Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu aHObe0l.skg-3/30/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LEIGH R. HILBERT CHANGE OF ZONE APPLICATION F.7.99-004) LEIGH R. HILBERT has submitted an application for a Change of Zone by changing the district classification from Oper~d Agricultural (A-la) to Family Agricultural (FA-2a) for approximately 4.88 acres of land. The property is located in the Vacationland Hawaii Subdivision on the southwest side of Ililani Road, Halekaznahina, Puna, Hawaii, TMK: 1-4-73:18. GENERAL INFORMATION 1. Land Ownership: Leigh R. Hilbert is the fee simple owner of the subject property. 2. Tax Clearance: A tax cleazance from the Real Property Tax Division indicates real property taxes have been paid until June 30, 1999. APPLICANT'S REQUEST 3. Request: The applicant is requesting a Family Agricultural (FA-2a) zoned designation on the subject property in order to construct a family residence and in the future to have the option to subdivide the subject property into two lots for his children. There aze no firm plans to subdivide at this time. The approval of this request would also bring the subject property into conformity with the majority of the Vacationland Hawaii lots which aze zoned Agricultural (A-la) and aze buildable lots. 4. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A -Change of Zone Application and attachments dated February 1, 1999) STATE AND COUNTY PLANS 5. SLU: Agricultural. Prior to 1971, this and several other properties within the Vacationland Hawaii Subdivision were designated Conservation. The State Land Use Boundazies were designated in 1964 after the Vacationland Subdivision (1962 and 1963) was established. At that time, the subject property was split between the State ATTACH. C-281 (B-80) Land Use Agricultural and Conservation District as were several other lots along the northern comer of the Vacationland Hawaii II subdivision. The State Land Use Boundary lines were drawn using the Halekamahina land division as a dividing line without consideration of the subdivision. Because of the Conservation designation, when the Zoning Code was implemented in 1967, these pazcels were placed in the Open zoned district for consistency. However, in 1970, Vacationland Associates applied for a State Land Use Boundary Amendment with the State Land Use Commission to reclassify these pazcels (or portions) from Conservation to Agricultural to be consistent with the remainder of the subdivision. A majority of the subdivision was within the State Land Use Agricultural district with an Agricultural (A-la) zoning. The State Land Use Commission approved the request on February 26, 1971 as no significant Conservation chazacteristics were inherent, the azea was contiguous to existing Agricultural District and they found it justifiable to remove the split designation on the properties within the subdivision. The County Zoning, however, remained Open and was not changed at that time. 6. General Plan Consistency: Economic, Agricultural and Land Use Elements goals. 7. GP LUPAG Map: Orchazds. 8. Zoning: Open and Agricultural (A-la). A majority of the property is zoned Open. This zoning designation of Open was imposed in 1967 to conform to the State Land Use Conservation District designation, of which the pazcel fell into at that time. The Open zoned district does not allow for the development of a residence on the subject property. A small southwestern tip of the subject property is presently zoned Agricultural (A-la). The applicant's request to rezone to a Family Agricultural (FA-2a) zoning designation would allow the applicant to constrnct a farm dwelling as a residence. 9. SMA: The property is not situated within the Special Management Area (SMA). 10. Vacationland Hawaii Subdivision: This subdivision was created in two increments. Increment I secured final subdivision approval by the Planning Director on May 29, 1962 for 2181ots approximately 8,000+ squaze feet in size, that aze presently -2- zoned RS-10. Increment II was approved in December 19, 1963 for 83 lot approximately 5± acres in size, with a majority of the lots zoned A-la. These lots could apply for subdivision of their lots into smaller pazcels. The subject is a part of Increment II, which was created before the State Land Use Boundazies were established. 11. Michael Smith Rezoning: Michael Smith requested a change of zone from Open to A-Sa for TMK: 1-4-73:2, duectly east and across the street from the subject property. (Although a State Land Use Boundazy Amendment was previously approved for several pazcels in the azea from Conservation to Agricultural, the zoning was not changed.) The Smiths were prospective buyers and wanted to construct a dwelling on the property. With the State Land Use Commission approval of the boundary amendment from Conservation to Agricultural in 1971 for this pazcel and several others, a basis was created for Agricultural zoning. The County Council approved Smith's request, effective October 24, 1991, as the use would be consistent with the original intent in the creation of the pazcel, be in conformance with the General Plan and State Land Use District and adjacent zoned uses. DESCRIPTION OF PROPERTY AND iRRO IN RFAS 12. Subject Property: The subject property is located within the Vacationland Hawaii II Subdivision. It is a rectangulaz-shaped lot that has been partially sleazed, however, there aze no structures on the property. The sleazed azeas have been landscaped with feral, fruit trees, palms and a gazden. Surrounding borders of the property are still in its natural state with ohia trees. 13. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site as Malama extremely stoney muck (rMAD), 6 to 20 percent slopes. This soil consists of well-drained, thin, extremely stony organic soils over A'a lava. These soils aze undulating to rolling. The surface layer is very dazk brown, extremely stony muck about 3 inches thick. Permeability is rapid, runoff is very slow and the erosion hazard is slight. This soil is used for woodland, pasture and orchazds. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject -3- property aze classified as "E" (Very Poor) for agricultural productivity. 15. Agricultural Lands of Importance to the State of Hawari (ALISI~ System: Soils within the subject property aze classified as "Other Important Agricultural Land" by the ALISH System, which includes lands other than Prime or Unique agricultural land that is also of statewide or local importance for agricultural uses. 16. FIRM: The subject property is located within Zone X, azeas determined to be outside the 500-yeaz flood plain. 17. Lava Flow Eiazard Zone: Zone 1. The U.S Geological survey has categorized the island into nine zones of wmpazative hazazd rates from lava flows, with Zone 1 being the highest and Zone 9 being in t he lowest severity of hazazd. Zone 1 includes the summits and rifr zones of Kilauea and Mauna Loa where vents have been repeatedly active in historic time. 18. Surrounding Zoning/Land Uses: Adjacent properties to the south, west and east are zoned Open, with the exception of TMK: 1-4-73:2, located to the southeast, and which was rezoned from Open to A-Sa, effective October 24, 1991. There is a dwelling on this pazcel as well as the adjacent parcel to the south. Immediately to the south and southwest aze Vacationland Hawaii II lots which aze zoned A-la and approximately 5 acres in size. Further south lie Vacationland Hawaii I with lots zoned RS-10 and ranging approximately 8,000-9,000 square feet in size. The Kapoho Beach Lots subdivision to the southeast is zoned RS-10. Surrounding uses include scattered residences and agricultural activity. There is a large 140 acre pazcel bordering Vacationland Hawaii II to the north which is zoned Open and within the State Land Use Conservation District. PU)ILIC SERVICES/FACILITIES 19. Access: Access to the subject property is from Kapoho Beach Road, a private road that is paved with an approximate pavement width of 21 feet. The subject pazcel is the last pazcel on the left side of IIilani Road, a 15-foot wide red cindered road within a 40-foot right-of--way. 20. Water: Water would be provided to the subject property by water catchment. County -4- 1 water lines run along I{apoho Beach Road and end in the vincity of the Kapoho Beach/Ililani Roads intersection. According to the Department of Water Supply, existing waterlines end about 3,200 feet from the subject property. County water could be available for the existing lot of record, only, if improvements aze installed. 21. Wastewater: According to the Department of Water Supply a septic system would have to be installed. 22. Other Essential Utilities and Services: All essential utilities and services aze available to the subject property. AGENCIES' COMMENTS 23. Police Department (February 18, 1999 Memo): "We have reviewed the change of zone application and have no comments or objections to offer at this time." 24. Real Property Tax Office (February 12, 1999 Memo): "There aze no comments at this time. The property is classified and valued as Agricultural for assessment purposes. Status of real property taxes: Current. " 25. Department of Land and Natural Resources-Land Division (February 24, 1999 Letter): "We have reviewed the subject application and have no comments to offer regarding the matter. Thank you for the opportunity to review the application. " 26. Department of Health (February 18, 1999 Memo): "The subject lot is located in the Critical Wastewater Disposal Area where cesspools aze not allowed because of water pollution concerns. Any development on this lot would require all wastewater be disposed into a Septic Tank System." (See also Exhibit B -Applicant's Response in postscript dated March 3, 1999) -5- 27. Department of Transportation-Honolulu (February 12, 1998 Letter): "Thank,you for transmittal requesting our comments on the subject application. The project zone change will not impact our State transportation facilities. We appreciate the opportunity to provide comments. " Department of Transportation-Hilo (March 15, 1999 Memo): "Not Applicable" 28. State Land Use Commission (February 17, 1999 Letter): "We have reviewed the subject application transmitted by your memorandum dated February 9, 1999, and confirm that the subject pazcel is designated within the State Land Use Agricultural District. We also confirm that the subject pazcel was part of the approximately 24 acres reclassified from the Conservation District to the Agricultural District under LUC Docket No. A-70-267/Vacationland Associates. We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application. Should you have any questions, please feel free to call me or Bert Saruwatari of our office at 587-3822. " 29. Department of Public Works: (See Exhibit B -February 12, 1999 Memo and Applicant's Response dated March 3, 1999) 30. Department of Water Supply: (See Exhibit C -March 15 and March 18, 1999 Memos) 31. Department of Land and Natural Resources -Historic Preservation Division: (See Exhibit D -February 24, 1999 Letter and Applicant's Response dated March 19, 1999) 32. Vacationland Hawari Community Association: (See Exhibit E -Applicant's letter dated February 26, 1999 and Association's Letter of Response dated March 5, 1999) AGENCIES - NO F PON 33. Department of Land and Natural Resources-Land Management, Department of Agriculture, Natural Resources Soil Conservation and HELCO. -6- CHANGE OF ZONE APPLICA PION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibluy print the r-e+q-uested information) r q;; ~ ;i ~ i 1 ' 1 APPLICANT: L P- I q~ ~ I' I' ~e r I 1 ~ APPLICANT'S SIGn/NATURE: b'~ DATE: 2 I ~1 ADDRESS: f ~ B o K I D 73 P~YI04 ~ I ~(6 7 7 8 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: w~/~ PHONE:(Bus.)~80f?~. b99-8z93 (Res.)~_~ ~ib5-5~f33(Fax) LANDOWNER(S): Scr ~n ~ 4 c 6o~/e LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: ~ P ~ ~ TO - 24 (Existing zoning) (Proposed Zontng) TAX MAP KEY: ~3~ ~ - y- 73 ~8 STREET ADDRESS OF PROPERTY: L ' N l~ N p t.y N SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: LI• B £3 !~C_r2~S AGENT: Gt/~A ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom orieinal cot,respondence and copies should be sent. ORIGINAL: L e ~ ~b c?Cf COPIES: (See Instr~ terse Side) Background and County Environnmental Report (Attachment to Change of Zone, Project District, and Agricultural Project District Apolicationsl Please use this form as a guide for required information to be included in your Change of Zone, Project District or Agricultural Project District -Background and County Environmental Report. A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project description: b. Statement of objectives and reasons for the request: c. Number of acres/square feet: d. Proposed units/lots/floororea of proposed building envelope: e. Timeframe and cost: f. Membership size/number of employees and clientele: g. Parking arrangement: h. Traffic impacts (assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use): i. Other related information: j. Proposed on-site and off-site infrastructure: B. CONFORMANCE WITH STATE/COUNTY PLANS 2. State Land Use designation: 3. Applicable goals/policies and objectives of the General Plan: 4. General Plan designation: 5. Zoning: 6. Community Development Plan: 7. Special Management Area: C. PHYSICAL CHARACTERISTICS AND ENVIItONMENTAL SETTING OF THE PRnPFRTY AN71 SiTRR(liTNi)iN(: AREA Physical Characteristics/Errvironmental Setting: 8. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): 9. Lava Hazard Zone: 10. Distance from coastline: 11. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: 12. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: 13. Land Study Bureau soil rating: 14. Flood Insurance Rate Map (FIRM) designation: (Contact Department of Public Works -Engineering Division) 15. Existing drainage ways or improvements: 16. Air/noise/water quality: Historic Resources: 17. Existing azchaeological, cultural or historic sites on National Register or Hawaii Register: (Contact Department of Land and Natural Resources) Natural Resources: 18. Existing floral /fauna! resources (any native or exotic plants; any listed or candidate for endangered species): 19. Scenic or coastal resources: Social-Economic Characteristics: 20. Social settlement pattern for the azea: 2 21. Economic resources of the azea: 22. Land values: Surrounding lands: 23. Land use: 24. Zoning: D, PiTRi i[' FACTi ITIFS AND SERVIGF~ 25. Description of access: (paved or unpaved; private or county, right-of--way and pavement width. If private road, submit evidence of legal access rights): 26. Availability of water: 27. Sewage disposal: 28. Solid waste: 29. Police & fire protection: 30. Schools: 31. Pazks: 32. Other utilities and services (telephone/electricity): E. FNViRONMENTAI. ASSESSI~NT AND ANALYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: 34. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: 35. Alternatives to the proposed development: 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: 3 ATTACFL`tENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF kL-1~dAII 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? _Q/V If Yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? 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? d. Do you intend to build houses on the newly created lots? If Yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 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? N c. Sell or lease the land to someone who has no plans? _ ~ (7 d. Keep it? ES e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land nI will alleviate the local housing situation? !V How? 4. Are there any buildings on the subject area? 1 If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? 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 A/O lots? 'V If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d, Agricultural leases or other forms of assurance tt.._ 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. T~ gUIL~ A ~AhILY RES/D~~vLE 7. To your knowledge, has there been any flooding and/or drainage problem A' O on the subject area? IV If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs N O improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? E c' 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes \o a. Schools b. Roads y c. Sewer d. Drainage -3- Yes ~;o e. Police Protection ~ f. Fire Protection g. Recreational Facilities ~ h. Public Utilities i. Other y For those checked "yes," please elaborate what type or kinds of i^provements and/or assistance are needed. Signature: /~j~~~^ Address: PQ Sad X073 ! 4~04~,1-~1~9677g Telephone: - 8 9 r(-SZ g 3 o r 9 ~.S--SS~33 Date: F~~c<, / 4 9 ~ -4- -BACKGROUND AND COUNTY ENVIRONMENTAL REPORT- For reclassification from `OPEN' to `FAMILY AGRICULTURAL-2a' Petitioner:-LEIGH R HILBERT TAX MAP KEY (3)1-4-73:18 A. SUBJECT REQUEST: I, Leigh Hilbert, am requesting a rezoning of my property from the present designation of `Open' to `Family Agricultural' or`FA-2a'. This property is lot number `60' of the VACATIONLAND HAWAII, UNIT II map, as on file with the Bureau of Conveyances of the State of Hawaii (File Plan No. 920). • The request is to bring this lot into conformity with the majority of Vacationland Subdivision Lots (zoned AG), which include a various mix of farming and family residences. This would therefor allow me to build a family dwelling for my principle residence, and become an on site member of the Vacationland Association Community. • The lot is 4.88 acres. The County Planning Department suggested my request for the FA category as the most appropriate for this situation since the lot is slightly less than 5 acres. The `2a'selection is to give my children, or me, the choice to subdivide into two parcels (2 and 2.88 acres) at some unforeseen time in the future. I have no firm plans to subdivide otherwise. • I plan initially to utilize about an acre of the NW side of the property for a building site and very small non-commercial orchard. • The home I plan to build is a moderate 3-bedroom family home built respecting all codes and guidelines of State or County. I have no blue prints for this as yet, just sketches, as I will be waiting for the outcome of this zoning request first. I may also be constructing a small ohana in years to come. • I will begin building on the property as soon as possible upon final approval of this rezoning request. I have no firm costs for these things as of now, but would expect the clearing to be approximately $5,000, septic-$3,000, power-$4,000, other-$5,000, with basic house at around $45,000, for a rough estimate total of $62,000. • Roads to the lot are private (Vacationland Association) and are well maintained (all community members pay annual dues for this). • There are both `HELLO' powerpoles and telephone hook up on the road bordering the lot. • County Water is available 1 B. CONFORMANCE WITH STATEICOUNTY PLANS: • State Land Use Designation: Agricultural • General Land Use Designation: Orchard • County Zoning: Agricultural and Open • Community Development Plan: The lot is part of the Kapoho Vacationland Hawaii Association Subdivision • Special Management Area: Not within one • Applicable goals/policies and objectives of the General Plan: The orderly development of agricultural lands that border on, or contain within them, residential and/or farm dwelling communities. • In support of this rezoning application as it pertains to the above bulleted headings, it would be very beneficial to all involved to read the following ezcerpts from a related Background Report and subsequent Recommendations. These ezcerpts are from the change of zone application files of Michael Smith, who has the lot adjacent to the one in this rezoning application and was in the ezact same caning position in 1991. Refer to attached maps for a quick overview of both applicants lot locations.('TMK's 1-4-73-:02 and 18) The following ezcerpts were compiled by the County of Hawaii Planning Department in response to Michael L. Smith's change of zone application 91-1, on 6/28/91: "BHCHGROIIND REPORT [page one-`Smith'] The applicant, Michael Smith, is requesting a change of zone fos 5.0 acres of laced from as Open to as 8gsicaltural-5 acre (S-5a) zoned distsict. The property is located approximately 1 mile east of Saimn-Sapoho Road, within the Vacationlaad Hawaii Subdivision, IInit II, Halekamahina, Pena, TMH: 1-4-T3:02." "CSRONOLGY 1. The Vacatioalaad Hawaii IIait II subdivision, consisting of 83+/_ acre lots, was granted final subdivision approval in 1863. Subdivision approval was granted with the provisions that sidewalks and sewers seed not be constsncted and that roads may be constructed with as oll-treated ansface. Memoranda from the Planning Director to the Planning Commission, dated September 5 and October 11, 1963, described the use of the lots as `Hgricnltnre.' 2. Et the time the State Laced IIse District boundaries were established is 1864, a portion of the Vacatioalaad Hawaii subdivision, including the subject preperty, was placed is the State Laced IIse Conservation District. The remainder otthe subdivision was placed is the Agsical4nsal District: The boundary between the Sgricnlture and the Conservation districts was established along the southern boundary. of 2 "the Halekamahirta ahnpua'a, which passes through a portion of the subdivision. 3. The subject property was zoned Opea is 196T pursuant to Ordinance No. 111, which adopted the Puna District Zone Nfap. The boundary of the Opea zoned district foIIowed the State Laced IIse Conservation District boundary. 4.Oa February 26, 18T1, the Laced IIse Commission approved a State Laced IIse district boundary amendment submitted by Qacatioalaad Associates from the Conservation to the Agricultural District fora 24-acre area of laced within the Vacationland Hawaii subdivision, including the subject Property. The State Laced IIse Commission approved the boundary amendment based oa the foIIowiag Endings: `1. That the Vacationlaad Hawaii, IInit II, subdivision, which the subject parcels are located was granted approval for recordation prior to the establishme~ of the State Land IIse district boundaries. When the State Land IIse district boundaries were established is August of 1864, the Halekamahiaa laced division boundary was used to establish the lice between the Agricultural and the Conservation Districts. This line bisects sections of the existing subdivision lots thereby resulting is some lots having two State Land IIse district claasiScatioas. 2. That the granting of the amended Agricultural zone would result is a more appropriate land use pattern by designating one lead use description throughout the a$ected lots. 3. That the granting of the amended designation would not be detrimental to the existing Conservation District by removing as area necessary for the protection of watershed and water sources, scenic areas, parklands, and other uses, which use intended to uphold the concept of conservation lands. 4. That the area requested for the amendment is contiguous to as exiatiag Agsicukusal area and that the proposed amendment is reasonable and jnstISable to coaect the two district designations presently existing oa the subject parcels."' "CQRRENT REOIIEST [,age three-part ?-'Smith'] Z. Ice support of this request, the applicant has stated: 'This parcel was originally created in as area classed "conservation" by the State Lead IIse Commission. Ice 18T3 the classification was changed to Agricnltore, however the County "Open" zoning, thzongh oversight os misunderstanding, was not changed. The above excerpts Iay out clearly the rationale for my current request for rezoning. The only difference between the'Smith' property and mine is that mine is a different shape, is just under 5-acres (4.88 and has a small portion of the lot within the zoning class AG. that being the southwest corner. (Refer to attached maps) 3 Further support for my current rezoning application lies in excerpts from the County of Hawaii's Planning Departments Recommendations in the `Smith' rezoning request as outlined in the following opening comments and recommendations: {Title page}: COIINTY OF HAWAII PLANNII~TG DEPARTMENT RECONIIVViE1HDATION NIIC88ELSMITH CHANGE OF ZONE APPLICATION 91-1 (6/28/911 "IIpoa review ofthe regaest, the Pls~~+~g Director is recommending that it be given favorable consideration." {Page two Par's.l & 2-'Smith'}: "The PmPosed cLaage of zone is consistent with the General Play ami the State Laced IIse Law. A goal oithe Land IIse IIemeat of the General Plan is to 'Designate and allocate land uses is appropriate proportions and mix and is keeping with the social, caltural, and physical eaviroaments of the County.' The General Plan states that `Zoning zegaests shall be reviewed with respect to General Play designation, district goals, regional places, State Laced IIse District, compatibility with adjacent coned Haas, availability of public services and utilities, access, cad public need.'," "The parcel was created is 1863 as one of 83 S+/-acre lots with the intent that it world be used for agricaltnral purposes. The Opea zoning designation was adopted is 196T is coafortnaace with the newly adopted State Land IIse Conservation District designation. Ice 19T1 the State Laced IIse Commission (SLIIC) approved as amendment of the State Land IIse District boundary from Conservation to Agricultural. The SLIIC determined that the ameadme~ to as Eyrlcaltnsal District world result in a more appropriate land use pattern. Thos the Ada zoning world be consistent with the original inteut is the creation of the parcel, the General Play designation, the State Laced IIse district, and with adjacent zoned uses." {Page three, pas.2-'Smith'}: "The proposed rezoning is consistent with goals and policies of the Agricultural eleme~ oithe General Play which states `Identify, protect and maintain important agricaltnsal lands on the Island of Hawaii' and `Basal-style sesidentialagsicaltnsal developments, sash as new small- swle raral communities os extensions of exisHag tazal communities, sbau be encouraged in appropriate locations.',"(8/28/91) C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF PROPERTY AND SURROUNDING AREA: 1. The property is located approximately 1 mile northeast of Kaimu- -Kapoho Road (Highway 137), within the Vacationland Hawaii Subdivision, Unit II, Halekamahina, Puna, TMK: 1-4-73: 18 4 2.The property is located 1,300 feet west of the ocean. 3. The property lot is irregular in shape but roughly rectangular. 4. The property has never been developed and is in its natural state, that being A'a mounds and plates of various sizes with ups and downs throughout, varying in height difference of up to 15 feet. There is a general covering of Ohia trees of up to 6 inches in diameter. A few Autograph trees, ferns and shrubs make up the ground cover. The soil is very thin or absent altogether. 5. The average annual rainfall is 60 to 80 inches. 6. The property is within the Lava Hazard Zone #i, the highest rating. 7. The Agricultural Lands of Importance for the State of Hawau designation is "Other Important Agricultural Land" 8. The U.S.D.A Natural Resources Conservation Services Soil Service Report types the soil as "Malsma extremely stony muck (rMAD). 9. The Land Study Bureau soil rating is "E", or very poor. l0.The Flood Insurance Rate Map designation is "Zone X, outside the 500-year flood plan. 11. The existing drainage ways are `Natural'. 12. The Air /noise and water quality are all `excellent'. 13.There are no documented archaeological, cultural or historic sites on the National Register or the Hawaii Register for the property. 14. There are no scenic or coastal resources on the property. 15. The social settlement pattern for the area ranges from small orchard/orchid farms to residential The lands immediately surrounding the subject property are two 5-acre lots to the northeast, one vacant, (zoned Open), the other has a family residence, (zoned A- Sa). The lot bordering the southeast has a family residence, (zoned both A-la and Open). The lot bordering the west is vacant, (also zoned both A and Open). The lands bordering the northwest side are a vast area of A'a lava, the 1960 Kapoho flow, (zoned Open/Conservation). The lands in general beyond are as follows: To the northwest lies Kapoho Beach Lots subdivision, (zoned RS-10). To the southeast and west lies the bulk of the Vacationland Hawau Subdivision containing approximately 78 lots about 5 acres each, both residential and agricultural (zoned AG). To the North/northwest lies the 19601ava flow and Cape Kumukahi. 16. The economic resources of the area are orchards and orchid farms, a fruit drying business and miscellaneous other. 17. The land values presently range from $40,000 to $80,000 for vacant lands and upwards for developed portions. 5 D. PUBLIC FACILTTIES AND SERVICE: 1. Access to the property is from the private I{apoho Beach Lots road via a 2,600-foot length of unimproved (cindered) private roadway within a 40-foot right of way; (see attached legal access rights/deed). 2. County water is available but needs a County water meter installed and lines laid to the property. The Department of Water has verified this option. 3. Sewage disposal for the area is septic. 4. Solid waste goes to the Pahoa Transfer Station. 5. Police and Fire protection is located at Pahoa (10 miles west). 6.The nearest school is in Pahoa. 7. The nearest Parks are Isaac Hale Beach Park at 5 miles and Lava Tree state Monument Park at 7 miles. 8. As stated before, there are both telephone and electric lines bordering the subject property. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The property is undeveloped, yet is a part of an Agricultural District and residential community, but is locked out of being an integral component within this community by what appears to be a simple mistake of past zoning mismanagement. 2. The property was originally intended to be used for agricultural endeavors, and as years went by, a rural residential community also grew into the area. The subject parcel of land would create no ill harm to the immediate or surrounding environment if it were re-rezoned to Agricultural and had a family home on it. In fact it may enhance the integrity of the surrounding environment, (and the Agricultural component of the General Use Plan), by putting this subdivision lot back into the community. 3. Because adjacent parcels have Iand uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 4. Removing this parcel from an Open zoning class would not in any way jeopardize the original intent of the formation of that classification. 5. No rare or threatened or endangered species are present on the property. 6. I have no alternatives to the proposed development. 7. There are no unique or natural resources that would be lost if the proposed action were implemented. 6 DEFINITIONS: In Division 6 of the County Zoning Guidelines, FA, or Family Agricultural Districts are defined in part in section 25-5-60 as follows: "The FA district provides for a blend of small-scale agricultural operations associated with residential activlties and which may be characterized by fans estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the state land use agricultural district, where public servKes and infrastnxture are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will rat conflict with or be detrimental to existing agricultural uses in the surrounding area." (There are approximately 42 of 83 Vacationland lots under 5 acres.) I submit that this proposed rezoning fits well with this definition, as well as the intent and needs of the State, County, comma ity and myself. Thank you for considering my application, This is a picture taken from the top of Green Mountai (Kapoho cinder cone). The view we see is looking due north and encompasses the northwest half of the Vacationland Hawaii Unit II. , w a~_. ~ CAPE KUMUKAHI LIGHTROUSE 1960 LAVA FLOW SUBJECT PROPERTY HIGHWAY 137 THESE FARMS ARE OUTSIDE SUBDIVL41ON 7 X11 ~ru) ~ l~ jr ~ O ~ O O ~i J D r~ I ~ ~ A O u/ I sa 1 u ° / '4 rp / i\ ii,, 1 \ i ~ O Q o i I 0 o O 9 ~ d ~ H; ~,p, ~ ;n 0' aJ I V 1 N x ~ n u d~ ~ li n ~ x n a ~ II o n n 1 v ______JL ~_=x--oar=_.ocv ' ------ter-- 4 n n a ~ c •u ° ~ c II x • N• p yy I Y II C 11 x = ~~~y .I • 1 n p r y y ~ II I n u ~ ~ x Myy ~ I /v d e I1I' L 'f'y / ~SS~ L534323RS SL ~ y!^ O D /1A~~. . ~J . H• .1. Q ~D~Oa ~sy .N/ a : • a O / ~ ~ Z ~ ~ ~ C c i a..ti ~ - 1#...e%+ai.c~s ,F...,. r r.N..r. fir... a.~~ _m...4b,:~''~... d .......,awL:' s:,.:".. , - LEIGH HILBERT-REZONING: VACATIONLAND HAWAII, iJNIT II, LOT 60 TAX MAP KEY # (3)1-4-73: LOT 18 88 /aC12ES SPIKE ~i SET 92 ~ ~ 'i 2~ sUII,DINC srrE 4j~' W ~0~. \ i 0 •0 ~ p $ ry~ a' 1~,~' ~ ACCESS LANE • p._ l~ PIPE `1~ 6 O FN D. ~5 SPIKE FND. 5~` r~ 1 ~'~f ?6~ Z$ ~ II.ILANI LANE ~ • p h~ ~~J,`~ ~~sr s • ~~~~2 4 + ! zoNE or N b o GG2~ ~ S' ~r~v ZONING LINE \ PIPE FND. ONED AG. e 'Y~ ~ ~=ti ~ ~U~ w .4y~ w. P4 O~' `R - ~ E r3 i F~~~j. i~p p V f'o YL ~I~1~ ~ o P 2 ~ ~ ~ i3 ~ ~ ~ V y . i ~ ~ p e 1 .A p•~. N VO. ~O ~ .w „ 2 ' ~ 2 V ~ y ~ • : ~•S. ~ : o ~ ~ a iY << ~ \7 YV y 1 Z ~ ~ of { 3``F ~ Y ~ 8 ~ ~ P to ~ i ~ Y Ij O /I S^ ~ x • O ~ I ~ y I g .,f ~I a ~ .9 i ° y ; u• t y z E a~ i': p. 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I V ic u I p p , ,i-.11.•.; O ,l ,1% INS . t V ip1 !:' � 1; . . a,i a (`' 1 .�� ' r 0 7'r r !� :i li l y t 1 O . fO •© E 'lb 1 • -.: 1-0 U 1 z 41 , t a 0 I , :,. ., Emoan i ' a w • ;� • .) II , ' • �.a4r R ,y6 41 Q la 1 iJJs 71% 1� 4 I r r t I z,:..'; rjJ ♦ t O E j a• '..---4 1!1 c / rr , ♦ ..•i f' F ' : ii R • /.\ :.. . •, a ` 1 I. i y^ \} x�� , ..... S i 1, y / r ,, Y ∎,, ''' / ri ; O \. ", s O -- i -:- p t � 49, t • / �� / 1,1 ■ ti{, ! f - O ! F O 'J P 1 0' ". - I O O O„••, o (. � �, ' O t i ,, ,, r - - P / 6;F �. n c QC• �_ 7 0o 1 1 W VS R-26 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED DEC 03, 1998 08:01 AM Doc No(s) 98-180879 /s/CARL T. WATANABE ACTING REGISTRAR OF CONVEYANCE CONVEYANCE TAX: $37.50 LAND COURT SYSTEM REGULAR SYSTEM RETURN BY: MAIL (XXX ) PICK UP ( ) LEIGH R. HILBERT SECURITY TITLE CORPORATION P.O. BOX TS7~ /~7'3 ESCROW NO.98030387EKY ~1(~ PAHOA, HAWA1196778 ORIGINAL TITLE N0.404600 # OF PAGES: 8 TMK: (3) t-4-73-18 WARRANTY DEED EXHIBIT "A" ALL of that certain pazcel of land situate at Kapoho, District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: Lot 60, area 4.764 acres, more or less, as shown on the map entitled "VACATIONLAND HAWAII, UNIT II", which said map was filed in the Bureau of Conveyances of the State of Hawaii as File Plan No. 920. . AND All o€ that certain parcel of land (being a portion of Royal Patent 7483, Land Commission Award 4452, Apana 2 to H. Kalama), being LOT 60-A of "VACATIONLAND HAWAII, UNTT II", situated at Halekamahina, District of Puna, Island and Counry of Hawaii, State of Hawaii, and more pazticulazly described as follows: Beginning at the Northeast comer of this pazcel of land and on the Northerly boundary of Lot 60 of Vacationland Hawaii, Unit II (File Plan 920), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 3,528.45 feet North and 6,292.86 feet East, thence running by azimuths measured clockwise from true South: 1. 46° 15' 00" 586.69 feet along the remainder of L. C. Aw. 4452, Ap. 2 to H. Kalama, along Lot 60, File Plan 920; 2. 130° OS' 30" 18.08 feet along the remainder of L. C. Aw. 4452, Ap. 2 to H. Kalama, along Lot 63-A; 3. 228° 00' 00" 588.90 feet along the remainder of L. C. Aw. 4452, Ap. 2 to H. Kalama to the point of beginning and containing an azea of 0.121 acre, more or less. TOGETHER WITH a 1/500th interest to be used as aright-of--way and for road purposes in common with all others entitled thereto, in and to Lots 83 and 84, as shown on map above-mentioned, and Lot 84-A, described as follows: LOT 84-A (40-FT. ROADWAl~ Beginning at the South comer of this pazcel of land. the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 3,023.73 feet North and 5,281.48 feet East and running by azimuths measured clockwise from true South: 1. 147° 41' 163.09 feet; ,pence along a curve to L< ;ft with a radius of 30.00 feet, the azil nand distance of the chord being: 102° 41' 42.43 feet; 3. 57° 41' 431.35 feet; 4. 80° 30' 103.15 feet; 5. 237° 41' 526.43 feet; Thence along a curve to the left with a radius of 30.00 feet, the azimuth and distance of the chord being: 6. 192° 41' 42.43 feet; 7. 237° 41' 40.00 feet; Thence along a crave to the left with a radius of 30.00 feet, the azimuth and distance of the chord being: 8. 282° 41' 42.43 feet; 9. 327° 41' 40.00 feet; Thence along a curve to the left with a radius of 30.00 feet, the azimuth and distance of the chord being: 10. 12° 41' 42.43 feet; 11. 327° 41' 180.92 feet; 12. 80° 30' 43.40 feet to the point ofbeginning and containing an azea of 0.763 acre, more or less. TOGETHER ALSO WITH a perpetual non-exclusive easement and right of ingress and egress over Lot 130, as shown on the map filed in the Bureau of Conveyances of the State of Hawaii as File Plan No. 498. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ~ry~~ DATE : February 12, 1999 //GP.Oftd~~l~lt TO PLANNING DEPARTMENT " ~ FROM ~NGINE~RING SIGN r SUBJECT: CHANGE OF ZONE APPLICATION (REZ 99-4) Applicant: Leigh R. Hilbert TMK: 3 / 1-4-73: 18 We have reviewed the subject application and our comments are as follows: 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed on-site and shall not be directed toward any adjacent properties. 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 4. The subject property is found within Flood Zone "X", according to the Flood Insurance Rate Map dated September 16, 1988. 5. All roads within the Vacationland Hawaii Subdivision are considered private. The private roads and right-of-way widths are substandard for the requested zoning. The DPW cannot support this application or future applications until these substandard roads are upgraded. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY EXHIBIT OO1~W55 ~J1~ V C~I Leigh Hilbert ~ " PO Box 1073 Pahoa, HI 96778 965-5433 ~ ~ - ~ , . March 3, 1999 County of Hawaii PLANNING DEPARTMENT C/O Alice Kawaha or Susan Gagorik for Virginia Goldstein Plan. Director RE: Change of Zone Application (REZ 99-004) Response to Department of Public Works Memorandum dated Feb.12, 1999: • I have no dispute with listed items (1) through (4). • I do have trouble accepting their position as expressed in item (5), which reads as follows: "All roads within the Vacationland Hawaii Subdivision are considered private. The private roads and right-of-way widths are substandard for the requested zoning. The DPW cannot support this application or future applications until these substandard roads are upgraded:' I have no idea what the Dept. of Public Works recognizes as "Standard" but as I travel the Island of Hawaii, and more specifically the Puna district County roads and subdivisions, I fmd some of them in such neglect and disrepair that afour-wheel-drive is the most appropriate. It is always nice to drive down through the Vacationland's road systems; they are wide, cindered, brushed and mowed along the edges regularly and well maintained by the Vacationland Association. Construction, freight, business and residential vehicles use this road system regularly with no apparent problems from being labeled "substandard". • I believe an "upgrading" of the Vacactionland roads systems being contingent for the acceptance of my application to rezone and build a family home is absolutely unnecessary. nn Sincerely, ~C•1~i Leigh Hilbert PS: I accept the Health Dept.'s Memo. (2/18/99) Regarding septic. Enclosures: Letter to Vacationland Association regarding the above & Letter of response for the same a~ ~~rt° .la` `O'• L if i~ DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII `Tyi 25 AU PU NI STREET HILO, HAWAII 96720 x~ tN~. TELEPHONE (806) 961-6660 FAX (BOB) 961.8857 March 15. 1999 T0: Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 99-004) - REQUEST: OPEN TO FA-2a _ APPLICANT: LEIGH R. HILBERT TAX MAP KEY 1-4-073:018 ;y We have reviewed the subject application and the water availability in this area is such that none is available for change of zone applications that would increase the existing density. Water was available for the 1991 Smith change of zone application No. 91-1 from Open to A-5a because this action did not increase the density. The subject application would double the existing density and we regret that water is not available for such. If there any questions, please contact our Engineering Division at 961-8660. ~ Mil on D Pavao, P.E. Ma ger BCM:gms copy - Ms. Leigh R. Hilbert EXHIBIT C {.f ,.!y to UVafer brinks ~ro~re6b... arty f6~. L li li ~ DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII ~'~i P~~ 26 AU PU NI STREET HIL O, HAWAII 98720 ~ Nr •~1\. TELEPHONE (BOB) 961-6660 FAX (808) 961-6657 March 18. 1999 ~aG~` I. ~~j~ r • ~7 T0: Planning Department FROM: Milton D. Pavao. Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 99-004) REQUEST: OPEN TO FA-2a APPLICANT: LEIGH R. HILBERT TAX MAP KEY 1-4-073:018 This is to confirm the March 17, 1999 conversation between Mr. Bruce McClure of our staff and Ms. Susan Gagorik of your staff. Water for one dwelling on the subject parcel is available from an existing 8-inch waterline which is in the "Kapoho Beach Road," a distance of approximately 3.200 feet to the southeast corner of the subject parcel. In addition, our records show that the subject parcel does not have a.water service with us. (Our records do not show a water service to the Smith parcel, Tax Map Key 1-4-073:002, either.) In this area, water is available for existing zoned lots of record but not available for parcels seeking a rezoning that would increase their current density. If there any questions. please contact our Engineering Division at 961-8660. ri ton D P vao, P.E. Manager BCM:gms ' copy - Ms. Leigh R. Hilbert ~~..'.:~e Ul/afer ~rin~e ~ro~r¢dd... v. y~ ~ j • <t a: BENJAMIN J. CAVETANO ~ nMOTNY C JONNi.ONA81fGfON GOVER~JOR Of MAWNI BOARD OF IANp ANp NAi1MAL RESOURCES i ' DF?L1T10 4y JANET 4 KAMIELD STATE OF HAWAII ApuAneRESOUIeo ~OATINO AMp OCEAM NEgFAnON CONSERVATON AND NESO WILES DEPARTMENT OF LAND AND NATURAL RESOURCES ENFORCHIBR CONVEYANCEi ' HISTORIC PRESERVATION DNEiION FOIIESTRY ANOMADnfE Kekuh0l~w~ 911Ydin0, Room 666 NISTONC ?N[lDIVATION 001 KrnekiA BONINJfA LAND KyWi, Nenrl 88707 STATE ?AKK! February 24, 1999 WATER IIE80181C~~ApEMENT i~. Ms. Virginia Goldstein, Director ~C: c - Planning Department County of Hawaii ' - 25 Aupuni Street Hilo, Hawaii 96720 LOG NO: 22833- BOC NO: 99iiZiblOb ' Dear Ms. Goldstein: SUBJECT: Change of Zone Application (REZ 99-003) Request: Open to FA-2a Applicant: Leigh R. Hilbert ' Halekamahins7, Puna, Hawaii Island TMK:1-4-73:18 ' This is in reply to your letter of February 9, 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 4.88 acre subject parcel, which to our knowledge has not been surveyed for archaeological sites, however. Aerial photographs suggest that the parcel has not been previously grubbed. The possibility thus exists for the presence of significant historic sites, including lava tubes. We recommend that the landowner conduct an archaeological survey of the parcel before it is developed. A written report on the survey should be submitted to our office for review and romm?nt. If you should have any questions about our comments please contact Patrick McCoy (692-8029). Aloha, - d DON HIBBARD, Administrator State Historic Preservation Division , PM:jk EXWIBIT , 'Q Leigh Hilbert PO Box 1073 Pahoa, Hawaii 96778 ~Oq 1','1 3 c3 965-5433 . . ........i Mazch 19, 1999 Regarding: Change of zone application REZ 99-004 Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Attention: Susan Gagorik Dear Ms. Goldstein, SUBJECT: Department of Land and Natural Resources letter (FEB. 24,1999) Historic Preservation Division Before and since I purchased the subject property, I have walked over every squaze yard of it. I found absolutely no indication of previous use by native Hawaiian's. No pathways, stone walls, or Heiau's. There is as well no sign of any fissures, steam vents, or lava tubes. The land is A'a lava covered, and from my own geological studies, this alone would make the property an unlikely candidate for surface bearing lava tubes. Should I ever come across anything on the property that would appear to be of historical significance, I would have no hesitation of notifying the Department of Land and Natural Resources of such fmds. I have also spoken with the surrounding landowners regarding historic sites in this immediate azea, and there have been none found to date, causally, or professionally. Based on the above I believe it is unnecessary to conduct an archaeological survey of this property. ~ e'Et ~2 Sincerely, Leigh Hilb Vacationland Hawaii Community Association, Inc. RR2 Box 4008 Pahoa,HI 96778 oy March 5, 1999 i Planning Department Virginia Goldstein 25 Aupuni Street, Rm 109 Hilo, HI 96720 Dear Virginia Goldstein, This is in regard to the change of zone application (REZ 99-003), that Leigh A. Hilbert requested to open to FA-2a, TMK: 1-4-73:18. We the Board of Directors. of Vacationland Hawaii Community Association, Inc., fully support Mr. Hilbert's request for a zone change on his lot TMK 1-4-73:18. Mr. Hilbert has requested that we respond to comments from the Dept. of Public Works stating that they can't support this application or future applications until roads in Vacationland's subdivision are brought up to.County standards. Please be informed that this subdivision was authorized by the County of Hawaii in the 1960's with the provision that the roads would be privately maintained by the property owners until such time that they were brought up to County standards. In the 1970's the County revised its road standards. The new standards established requirements that this and other subdivisions can not physically meet. There is no provision in the present County standards for areas of low density traffic, the County did not require the developers to include in the covenants of deed provision for the creation of property owners associations. Therefore the property owneraformed a voluntary association. This association operated under a charter of incorporation and adopted by-laws at general membership meetings. ~ EX ~ BIT QuF,~R?~ On August 5, 1987 Vacationland Hawaii Community Association, Inc., successfully petitioned the court and was granted the legal right to assess properties in this subdivision for the purpose of maintaining roads. In Unit II of this subdivision there are 84 lots most of which are 5 acre, the smallest of which is 2 1/2 acres. Over 60% are undeveloped, considering the material and labor cost of today it would be prohibitive for owners of these properties to bring the 7 miles of roads in Unit II up to current County codes. All of the roads serve only the individual lots, there are no thoroughfares and the volume of traffic is very low. This Association feels that it's road maintenance program in the farm lots (Unit II) is superior to many other subdivisions, in addition to providing smooth cinder roads there is an established program of routine mowing and brush cutting. Only as properties are developed and their values increased with it will it be possible to further upgrade the road system. Denying owners permission for such development is an impediment to road improvement. Sincerely, (A.. ~ ~ CSC Donald Doran, Vice President VHCA 3 ~ February 26, 1999 " Leigh Hilbert ' ` PO Box 1073 Pahoa, HI 96778 q65-S~I33 Vacationland Hawaii community Association RR 2 Box 4008 Pahoa, HI 96778 Dear Association members, As you may be aware of, I have recently purchased lot 60 and have applied to the County of Hawaii Planning Department for a rezoning of the property from the current `OPEN' to an AG. (FA 2a~. (I believe you were sent a copy of my application by the Planning Department, or will soon). My reason for writing you now is to get your response to a comment regarding my zoning application from the Department of Public works Engineering Division. Their comment number 5. Is as follows: "5. All roads within the Vacationland Hawaii Subdivision are considered private. The private roads and right-of--way widths are substandard for the requested zoning. The DPW cannot support this application or future applications until these substandard roads are upgraded." Personally I think our roads here are great and well within my standards, and obviously good enough for the telephone company, but I have no idea what standards they go by. I would appreciate any comments you may have on this matter, i.e.; records of upkeep, lack of complaints from members, freight or trucking companies or whatever other creative feedback you can come up with. The Planning Department sent me these DPW comments and has asked me to respond to them. I will use your comments to support my position. I look forward to meeting other members of this community and will build a home here as soon as I receive approval of my rezoning. Thank you for your help Sincerely, ~d.~',G~ ; .>Q ©u;., CHANGE OF ZONE APPLICA PION COUNTY OF HAWAII ~ i`~ `',1 PLANNING DEPAR•TNIENT (Type or legibly printffthe r-e+q-uested infotmation) I_ NI~~b~rl APPLICANT: ~ ~ I G ?"1 ~ / ~ APPLICANT'S SIGNATURE: ~ DATE: 2 ~ ~1 ADDRESS: P o 8 o K ~ ~ 73 f'I 04 ~ ~ X 6 7 7 8 LIST APPLICANT'S INTEREST IF NOT OWNER: E._/ ~ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: !ti~/~ PHONE:(Bus.)~~Of3~ b l 82-93 (Res.)l~o?~`16 5 -5"5~33(Fax) LANDOWNER(S): Scr w[ ~ 4 S R6ove LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: C~ P ~ ~ TO F/-4 - 24 (Ezis[ing zoning) ~3` , (Proposed Zon[ng) TAX MAP KEY: l - y- ~ 3 ' ~8 STREET ADDRESS OF PROPERTY: (J ~ o w N SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: y B £3 ~4C~e~S AGENT: ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: L e. J s N ~b cv~" COPIES: COUNCIL COPY (See Instructions on Reverse DO NOT gEMOVE C ~r ' f! 1 1 ~~a F~' 4 Background and County Environnmental Report (Attachment to Change of Zone, Project District, and Agricultural Prgj_ect District Agplicationsl Please use this form as a guide for required information to be included in your Change of Zone, Project District or Agricultural Project District -Background and County Environmental Report. A. BiF'CT FO TF. T I . Details of Proposed Use/Development: a. Project description: b. Statement of objectives and reasons for the request: c. Number of acres/square feet: d. Proposed tutits/lots/floor azea of proposed building envelope: e. Timeframe and cost: f. Membership size/ntunber of employees and clientele: g. Pazlcing arrangement: h. Traffic impacts (assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use): i. Other related information: j. Proposed on-site and off-site infrastructure: B. ~'ONFORMANCE WITH STATE/COUNTY PLANS 2. State Land Use designation: 3. Applicable goals/policies and objectives of the General Plan: 4. General Plan designation: 5. Zoning: 6. Community Development Plan: 7. Special Management Area: C. PHYSICAL CHARACTERISTICS AND ENVIItONMENTAL SETTING OF THE PRCIPERTY AND SURROUNDING A FAA Physical Characteristics/Environmental Setting: 8. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): 9. Lava Hazard Zone: 10. Distance from coastline: 11. Agricultural Lands of Importance in the State of Hawaii (ALISH) designation: 12. U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: 13. Land Study Bureau soil rating: 14. Flood Insurance Rate Map (FIRM) designation: (Contact Depamnent of Public Works -Engineering Division) 15. Existing drainage ways or improvemenu: 16. Air/noise/water quality: Historic Resources: 17. Existing azchaeological, cultural or historic sites on National Register or Hawaii Register: (Contact Department of Land and Natural Resources) Natural Resources: 18. Existing floral /fauna] resources (any native or exotic plants; any listed or candidate for endangered species): 19. Scenic or coastal resources: Social-Economic Characteristics: 20. Social settlement pattern for the azea: 2 21. Economic resources of the azea: 22. Land values: Surrounding lands: 23. Land use: 24. Zoning: D. PU3LIG Ferri iTTFC a1Vn SF.RViCES 25. Description of access: (paved or unpaved; private or county, right-of--way and pavement width. If private road, submit evidence of legal access rights): 26. Availability of water: 27. Sewage disposal: 28. Solid waste: 29. Police & fire protection: 30. Schools: 31. Pazks: 32. Other utilities and services (telephone/electricity): E ~ ~n~~wrw,~c7UT AT ACCL'CCMFNT ANlI AN AI.YSIC 33. Relationship between local short term uses of environment and maintenance and enhancement of long tenn productivity: 34. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: 35. Alternatives to the proposed development: 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: 3 ?.TTACI-L~LENT Agricultural Rezoning PLA°]NING DEPARTYiENT COUNTY OF HAGJAII 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? !V If Yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? 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? d. Do you intend to build houses on the newly created lots? If Yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 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? _ /~D b. Sell or lease the land to someone who has tentative plans? N ~ c. Se11 or lease the land to someone who has no plans? ~c d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon alter 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 ~ Q will alleviate the local housing situation? How? 4. Are there any buildings on the subject area? l~o If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? ~I 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 ~ O lots? If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance thy. potenti=__ buyers or leases would put the subject area into some corm c' 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. Tf~ f3UlLD R SAN/L~( RES/D,~~vLE 7. To your knowledge, has there been any flooding and/or drainage problem A' O on the subject area? /V If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs N O improvements? If so, what kind? Is the road adequate for the proposed traffic volume or load? E .S 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes \o a. Schools / b. Roads v c/ c. Sewer d. Drainage -3- Yes yo e. Police Protection f. Fire Protection Recreational Facilities h. Public utilities C~ i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: PQ ~ O J~ ~Q 73 Pq ~ 0 c~ 967713 Telephone: ~~Og~-Q9Q-B2g3 or 96S-s5~33 Date: ~P~rvc,r~ zrv~. ~99~ -4- -BACKGROUND AND COUNTY ENVIRONMENTAL REPORT- For reclassification from `OPEN' to `FAMILY AGRICULTURAL-2a' Petitioner: LEIGH R HILBERT TAX MAP KEY (3)1-4-73:18 A. SUBJECT REQUEST: I, Leigh Hilbert, am requesting a rezoning of my property from the present designation of `Open' to `Family Agricultural' or`FA-2a'. This property is lot number `60' of the VACATIONLAND HAWAII, UNIT II map, as on file with the Bureau of Conveyances of the State of Hawaii (File Plan No. 920). • The request is to bring this lot into conformity with the majority of Vacationland Subdivision Lots (zoned AG), which include a various mix of farming and family residences. This would therefor allow me to build a family dwelling for my principle residence, and become an on site member of the Vacationland Association Community. • The lot is 4.88 acres. The County Planning Department suggested my request for the FA category as the most appropriate for this situation since the lot is slightly less than 5 acres. The `2a'selection is to give my children, or me, the choice to subdivide into two parcels (2 and 2.88 acres) at some unforeseen time in the future. I have no firm plans to subdivide otherwise. • I plan initially to utilize about an acre of the NW side of the property for a building site and very small non-commercial orchard. • The home I plan to build is a moderate 3-bedroom family home built respecting all codes and guidelines of State or County. I have no blue prints for this as yet, just sketches, as I will be waiting for the outcome of this zoning request first. I may also be constructing a small ohana in years to come. • I will begin building on the property as soon as possible upon final approval of this rezoning request. I have no firm costs for these things as of now, but would expect the clearing to be approximately $5,000, septic-$3,000, power-$4,000, other-$5,000, with basic house at around $45,000, for a rough estimate total of $62,000. • Roads to the lot are private (Vacationland Association) and are well maintained (all community members pay annual dues for this). • There are both `HELLO' powerpoles and telephone hook up on the road bordering the lot. • County Water is available 1 B. CONFORMANCE WITH STATEICOUNTY PLANS: • State Land Use Designation: Agricultural • General Land Use Designation: Orchard • County Zoning: Agricultural and Open • Community Development Plan: The lot is part of the Kapoho Vacationland Hawaii Association Subdivision • Special Management Area: Not within one • Applicable goals/policies and objectives of the General Plan: The orderly development of agricultural lands that border on, or contain within them, residential and/or farm dwelling communities. • In support of this rezoning application as it pertains to the above bulleted headings, it would be very beneficial to all involved to read the following excerpts from a related Background Report and subsequent Recommendations. These excerpts are from the change of zone application files of Michael Smith, who has the lot adjacent to the one in this rezoning application and was in the exact same zoning position in 1991. Refer to attached maps for a quick overview of both applicants lot locations.(TMK's 1-4-73-:02 and 18) The following excerpts were compiled by the County of Hawaii Planning Department in response to Michael L. Smith's change of zone application 91-1, on 6/28/91: "BACHGROIIND REPORT [page one-`Smith'] The applicant, Michael Smith, is requesting a change of zone for 5.0 acres of laced from an Open to an Agricultural-5 acre (A-5a) zoned district. The psopertq is located approximately 1 mile east of Haimn-Hapoho Road, within the Vacationlaad Hawaii Subdivision, IInit II, Halekamahina, Puna, TMH: 1-4-T3:02." "CHRONOLGY 1. The Vacationland Hawaii IInit II subdivision, consisting of 83+/- acre lots, was granted final subdivision approval is 1963. Subdivision approval was granted with the provisions that sidewalks aced sewers seed not be constructed aced that roads may be constructed with an oil-treated surface. Memoranda from the Planning Director to the Planning Commission, dated September 5 aced October 11, 1963, described the use of the lots as `Agriculture.' 2. At the time the State Land IIae District boundaries were established in 1964, a portion of the Vacationland Hawaii subdivision, including the subject property, was placed is the State Land IIae Conservation District. The remainder of the subdivision was placed in the Agricultural District. The bouadarq between the Agriculture and the Conservation districts was established along the southern boundary of 2 "the Halekamahiaa ahupua'a, which passes through a portion of the subdivision. 3. The subject property was zoned Open is 196T pursuant to Ordiaaace No. 111, which adopted the Puna District Zone Map. The boundary of the Opea zoned district followed the State Laced IIse Conservation District boundary. 4.Oa February 26, 19T1, the Land IIse Commission approved a State Laced IIse district boundary amendment submitted by VacaHonlaad Associates from the Conservation to the Agricultural District fora 24-acre area of lead within the Vacationland Hawaii subdivision, including the subject property. The State Land IIse Commission approved the bouadasy amendment based on the foIIowing findings: `1. That the Vacatioaland Hawaii, IInit II, subdivision, which the subject parcels are located was granted approval for recordation prior to the establishment of the State Laced IIse district boundaries. When the State Laced IIse district boundaries were established in August of 1964, the Halekamahiaa laced division boundary was used to establish the line between the Agricultural aced the Conservation Districts. This lice bisects sections of the existing subdivision lots thereby resulting is some lots having two State Laced IIse district classifications. 2. That the gsar?tiag of the amended Agricultural zone would result in amore appropriate laced use pattern by designating one laced use description throughout the affected lots. 3. That the graatiag of the amended designation would not be detsimeatal to the existing Conservation District by removing as area necessary for the protection of watershed and water sources, scenic areas, parldaads, and other uses, which are iateaded to uphold the concept of consesvatioa lands. 4. That the area requested for the amendment is contiguous to as existing Agricultural area and that the proposed amendment is reasonable sad justifiable to correct the two district desigaatioas presently existing oathe subject parcels."' "CIIRRENT REQIIEST [P~ge three-wart ?-`Smith'1 Z. In support of this request, the applicant has stated: `This parcel was osigiaally created is as area classed "coaservatioa" by the State Land IIse Commission. In 19T1 the classification was changed to Agriculture, however the Conaty "Open" zoning, through oversight os misunderstanding, was not changed."' The above excerpts lay out clearly the rationale for my current request for rezoning. The only difference between the'Smith' property and mine is that mine is a different shape, is just under 5-acres (4.88 and has a small portion of the lot within the zoning class AG. that being the southwest corner. (Refer to attached maps) 3 Further support for my current rezoning application lies in excerpts from the County of Hawaii's Planning Departments Recommendations in the `Smith' rezoning request as outlined in the following opening comments and recommendations: {Title page}: COIINTY OF HAWAII PLANNII~iG DEPARTMENT RECONIIVi3:NDATION MICHAEL SMITH CHANGE OF ZONE APPLICATION 91-1 (6/28/91) °'IIpoa review of the request, the Planning Director is recommending that it be given favorable consideration." {Page two Pass's. 1 & 2-'Smith'}: ''The proposed change of zone is consistent with the General Plan and the State Land IIse Law. A goal of the Laced IIse Element of the General Plan is to `Designate and allocate land uses in appropriate proportions and mix and is keeping with the social, cultural, and physical environments oithe County.' The General Play states that 'Zoning segnesta shall be reviewed with respect to General Play designation, district goals, regional plans, State Land IIse District, compatibility with adjacent zoned urea, availabilfty of public services and utilities, access, and public seed."' "The parcel was created is 1963 as one of 83 5+/.acre lots with the latent that it would be used for agricultural purposes. The Open zoning designation was adopted is 196T is conformance with the newly adopted State Land IIse Conservation District designation. Ice 19T1 the State Land IIse Commission (SLIIC) approved an amendment of the State Land IIse Diatrlct boundary from Conservation to Agricultural. The SLIIC determined that the ameadme~ to an Agricultural Distrlct world result in a more appropriate laced use pattern. Thus the A-5a zoning world be consistent with the original intent in the creation of the parcel, the General Plan deaignation, the State Land IIse district, and with adjacent zoned uses." {Page three, par.2-'Smith'}: "The proposed rezoning is consistent with goals and polities of the Agricultural element of the General Play which states 'Identifq, protect and maintain important agricultural lands on the Island of Hawaii' and 'Rural-style residential-agricultural developments, such as new small- scale rural commnaitiea or extensions of existing rural communities, shaII be encouraged in appropriate locations."'(6/28/91) C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF PROPERTY AND SURROUNDING AREA: 1. The property is located approximately 1 mile northeast of Kaimu- -Kapoho Road (Highway 137), within the Vacationland Hawaii Subdivision, Unit II, Halekamahina, Puna, TMK: 1-4-73: 18 4 2.The property is located 1,300 feet west of the ocean. 3. The property lot is irregular is shape but roughly rectangular. 4. The property is undeveloped and its natural state being A'a mounds and plates of various sizes with ups and downs throughout, varying in height difference of up to 15 feet. There is a general covering of Ohia trees of up to 6 inches in diameter. A few Autograph trees, ferns and shrubs make up the ground cover. The soil is very thin or absent altogether. 5. The average annual rainfall is 60 to 80 inches. 6. The property is within the Lava Hazard Zone #1, the highest rating. 7. The Agricultural Lands of Importance for the State of Hawau designation is "Other Important Agricultural Land" 8. The U.S.D.A Natural Resources Conservation Services Soil Service Report types the soil as "Malama extremely stony muck (rMAD). 9. The Land Study Bureau soil rating is "E", or very poor. l0.The Flood Insurance Rate Map designation is "Zone X, outside the 500-year flood plan. 11. The existing drainage ways are `Natural'. 12. The Air /noise and water quality are all `excellent'. 13.There are no documented archaeological, cultural or historic sites on the National Register or the Hawaii Register for the property. 14. There are no scenic or coastal resources on the property. 15. The social settlement pattern for the area ranges from small orchard/orchid farms to residential. The lands immediately surrounding the subject property are two 5-acre lots to the northeast, one vacant, (zoned Open), the other has a family residence, (zoned A- Sa). The lot bordering the southeast has a family residence, (zoned both A-la and Open). The lot bordering the west is vacant, (also zoned both A and Open). The lands bordering the northwest side are a vast area of A'a lava, the 1960 Kapoho flow, (zoned Open/Conservation). The lands in general beyond are as follows: To the northwest lies Kapoho Beach Lots subdivision, (zoned RS-10). To the southeast and west lies the bulk of the Vacationland Hawaii Subdivision containing approximately 78 lots about 5 acres each, both residential and agricultural (zoned AG). To the North/northwest ties the 1960 lava flow and Cape Kumukahi. 16. The economic resources of the area are orchards and orchid farms, a fruit drying business and miscellaneous other. 17. The land values presently range from $40,000 to $80,000 for vacant lands and upwards for developed portions. 5 D. PUBLIC FACILITIES AND SERVICE: 1. Access to the property is from the private Kapoho Beach Lots road via a 2,600-foot length of unimproved (cindered) private roadway within a 40-foot right of way; (see attached legal access rights/deed). 2. County water is available but needs a County water meter installed and lines laid to the property. The Department of Water has verified this option. 3. Sewage disposal for the area is septic. 4. Solid waste goes to the Pahoa Transfer Station. 5. Police and Fire protection is located at Pahoa (10 miles west). 6.The nearest school is in Pahoa. 7. The nearest Parks are Isaac Hale Beach Park at 5 miles and Lava Tree state Monument Park at 7 miles. 8. As stated before, there are both telephone and electric lines bordering the subject property. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The property is undeveloped, yet is a part of an Agricultural District and residential community, but is locked out of being an integral component within this community by what appears to be a simple mistake of past zoning mismanagement. 2. The property was originalty intended to be used for agricultural endeavors, and as years went by, a rural residential community also grew into the area. The subject parcel of land would create no ill harm to the immediate or surrounding environment if it were re-rezoned to Agricultural and had a family home on it. In fact it may enhance the integrity of the surrounding environment, (and the Agricultural component of the General Use Plan), by putting this subdivision lot back into the community. 3. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 4. Removing this parcel from an Open zoning class would not in any way jeopardize the original intent of the formation of that classification. 5. No rare or threatened or endangered species are present on the property. 6. I have no alternatives to the proposed development. 7. There are no unique or natural resources that would be lost if the proposed action were implemented. 6 DEFINITIONS: In Division 6 of the County Zoning Guidelines, FA, or Family Agricultural Districts are defined in part in section 25-5-60 as follows: "The FA district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage fauns, or subsistence lots. The FA district is intended to be in areas designated as being within the state land use agricuRural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where a substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area." (There are approximately 42 of 83 Vacationland lots under 5 acres.) I submit that this proposed rezoning fits well with this definition, as well as the intent and needs of the State, County, comma ity and myself. Thank you for considering my application, This is a picture taken from the top of Green Mountai (Ka op ho~ r cone). The view we see is looking due north and encompasses the northwest half of the Vacationland Hawaii Unit II. .v~. ws,r Ew. ~e ~ a ym xi.. . ` k~S y ? ~ ~ I~ ` ~ CAPE KUMUKAHI LIGHTHOUSE 1960 LAVA FLOW SUBJECT PROPERTY HIGHWAY 137 TAESE FARMS ARE OUTSIDE SUBDIVISION 7 ~ ' Mme'''+.. 3 ~ r. ; r • 1 { ~ ar V fi y 1 fi ~'.l Ik N~ a d{ ~ u ti., 2 _ r ~w ~ a ~ 71a Q ~ ~^{hQ f N 3 ~ ~„~.,e, }r ,r{~ tk 'A^ t .Y n 1 I Y~ as ~ ` ' ~ ' s .{r~ ~ ~'h kg ~ s~ ~ w . ~ 5 ~'s ~ { t ~ i ty,{, it x, ~ a t ,„y x i w Z ~ ~ ~ ~ , l" ` Ai ~ . T ~ 0 .}rat ~µww: Q ~y 1c' s - ~ .1 f! 1,,,'. ~ .~.r y ~ • ~ ~ 1 Y rr t ~ ~ t1 J O • O • ~ 1y ~ ~ ~ Q ~ ,~r~ r ~ ' ' ~ l V ~ l .q 1 ~ LEIGH HILBERT-REZONING: VACATIONLAND HAWAII, UNIT II, LOT 60 TAX MAP KEY # (3)1-4-73: LOT 18 ~f._F_8_ACRES - SPIKE SET ~ ~ ~ ~ i ~1 J`~"a. p~. ~ - BUII.DING SITE ~ Fj~' , I .oaf ~ ~ r~!~~ . ~l•Y ~ ACCESS LANE ~n~ PIPE ~ ~ FN D. ~I I ~ , SPIKE FND. 5~~ r^~ 1 ~'r)j ~6J, ,L~ / ILII.ANI LANE 'J~, f O~~O 16 ~ 4 ~ ZONE OP N ~~~`'~b~' ~ R~~~ ZONING LINE i PIPE FND. ZONED AG. _ _ - I eg o • r- 1 r W s,. . I Cdr I �� G 4F �� t1r I • II � r � C W I~ 1. Ili II it fir .. ? � I si \ I ,G 1.. ,..� Jilt; V 4i - ; -'•I c , I'. ° G GiG - • � IN M` ! _ t �, _ I H L . G ellA b . o 0 kr it t E ' t �• f� t I i ts •- ..,. -- _ • I • y .. • V 0 r :may F S ./ 0 G. 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R mR J \J `d; u n « ~ ~ m / ° f ° u Q 0 ~ b: 7 k Q n x R u° 3 ~l U l .Z> R I u ~ Dear ~~v-c> •nl ~.SY 9 T. / Y i }t U 2' V A arM~ 8'~` 6~ F ° ' °`i~~ie' e i ~s va - ~xq` l R ~ ~°q`'L§ 0 Yi~~ q S ~a S t o . R~3. a ;k' G817J~ rvr. C~ i~ trR, a S J ~oi uau U u r e tl Q Q ~ N Py ~ Y r R 4. V Q i Ft V Y 67 ~Ie M ~ • . q e .c ~ Fi Y XE`7 y „Run ~ ~ NI a ; " `~f ! O ~ ; ~ Vie' 3 1 p O N1V ~ b NX 4 ~ ( k C 1 ~ ~ ~ J O ' bl ~ n N W ~ ~.ya4 C1 f ~ ~ i ~ ® o iT A o>. ~ ~~~a~ ~ i ~ h:~. o 1 i 0~4 \ h~ ~ A 'S ~~a. ~ ~A a ~ ~ ~ N `•i~G ~ ~1~ N 9~~ ~a~~ • o % 'j~` a ~'d~ , yt7~4 0 t_ --erg bb y ~ moo, ~9.~ ` ,s , ~ ea ~ _ .fig ~ ~ ~O. _~~b i ~ . E:'i gyp, ~b w ~ m W nn`` a ~ CSC a . ~ ~ ~9 ~ yE 91 2 ~5 00, ~ L O~Q gL RQ ~V z~°,vfQ ~p~,~ ~ TRUE NORTH r_._._,~_ Scale: ~"-zoo' ~ s\p YES r •C / ~ ~ ~ /1~® " o~ n ~ ~.6" o~. C~ ~ a4 A A ~ ~ la\, o'• o ~ da~~. ~ TeR 4° ~ 'T~ 1 . ~ \ A ~ ~ A ~ d~ y ~ S n~ ~~Q 13 rN rl^i v~ (v~, 4 ~ ( v 1 a ~ ~ ~j ~ d o 4 ~ .oo ~ m~ ~ ~,~X ~ ~ ~ 6~ ` 9!9~+ __.a,.'~1 moo' ~ v~'~~9 i J~V ~ _ dig ~ , ~ 3 6~ ~ ~o p1 O ~ ~ a ~ ~ ~ ~ \ 69 t ~ a ~ yi i ' ~5 00, ~Q 2ov fQ ~P~~ - ~ ~ ~ TRU~ NORTH 5aa~e: eoo' R-26 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED DEC 03, 1998 08:01 AM Doc No(s) 98-180874 /s/CARL T. WATANABE ACTING REGISTRAR OF CONVEYANCE CONVEYANCE TAX: $37.50 r LAND COURT SYSTEM REGULAR SYSTEM RETURN BY: MAIL (XXX ) PICK UP ( ) LEIGH R. HILBERT SECURITY TITLE CORPORATION P.O. BOX Tg;i~ /D7'~ ESCROW NO. 98030387EKY ~1/n PAHOA, HAWAII 96778 TITLE NO. 404600 l ORIGINAL # OF PAGES: 8 TMK: (3) 1-4-73-18 WARRANTY DEED EXHIBIT "A" ALL of that certain pazcel of land situate at Kapoho, District of Puna, Island and Cotmty of Hawaii, State of Hawaii, described as follows: Lot 60, area 4.764 acres, more or less, as shown on the map entitled "VACATIONLAND HAWAII, UNIT II", which said map was filed in the Bureau of Conveyances of the State of Hawaii as File Plan No. 920. . AND All of that certain pazcel of land (being a portion of Royal Patent 7483, Land Commission Awazd 4452, Apana 2 to H. Kalama), being LOT 60-A of "VACATIONLAND HAWAII, UNTT II", situated at Halekamahina, District of Puna, Island and County of Hawaii, State of Hawaii, and more particularly described as follows: Beginning at the Northeast comer of this pazcel of land and on the Northerly boundary of Lot 60 of Vacationland Hawaii, Unit II (File Plan 920), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 3,528.46 feet North and 6,292.86 feet East, thence rotating by azimuths measured clockwise from true South: 1. 46° 16' 00" 586.69 feet along the remainder of L. C. Aw. 4452, Ap. 2 to H. Kalama. along Lot 60, File Plan 920; 2. 130° 06' 30" 18.08 feet along the remainder of L. C. Aw. 4452, Ap. 2 to H. Kalama, along Lot 63-A; 3. 228° 00' 00" 588.90 feet along the remainder of L. C. Aw. 4452, Ap. 2 to H. Kalama to the point of beginning and containing an area of 0.121 acre, more or less. TOGETHER WITH a 1/500th interest to be used as a tight-of-way and for road purposes in common with all others entitled thereto, in and to Lots 83 and 84, as shown on map above-mentioned, and Lot 84-A, described as follows: LOT 84-A (40-FT. ROADWAI~ Beginning at the South comer of this pazcel of land. the coordinates of said point of beginning referred to Government Survey Triangulation Station "K.-~POHO" being 3,023.73 feet North and 6,281.48 feet East and running by azimuths measured clockwise from true South: 1. 147° 41' 164.09 feet; ,fence along a curve to ~ ;ft with a radius of 30.00 feet, the azu. i and distance of the chord being: 102° 41' 42.43 feet; 3. 57° 41' 431.35 feet; 4. 80° 30' 103.15 feet; 5. 237° 41' 526.43 feet; Thence along a curve to the left with a radius of 30.00 feet, the azimuth and distance of the chord being: 6. 192° 41' 42.43 feet; 7. 237° 41' 40.00 feet; Thence along a curve to the left with a radius of 30.00 feet, the azimuth and distance of the chord being: 8. 282° 41' 42.43 feet; 9. 327° 41' 40.00 feet; Thence along a curve to the left with a radius of 30.00 feet, the azimuth and distance of the chord being: 10. 12° 41' 42.43 feet; 11. 327° 41' 180.92 feet; 12. 80° 30' 43.40 feet to the point ofbeginning and containing an area of 0.763 acre, more or less. TOGETHER ALSO WITH a perpetual non-exclusive easement and right of ingress and egress over Lot 130, as shown on the map filed in the Bureau of Conveyances of the State of Hawaii as File Plan No. 498.