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HomeMy WebLinkAboutCOM 0325.000 1998-2000 . William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho ~n or'we+~c Deputy Managing Director fl~aurtfg of ~ttfuttit 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 May 21, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council ~ County of Hawaii 3 25 Aupuni Street CQ ~j Hilo, HI 96720 ~ Z cNn ( I Dear Chairman Arakaki and Members: O ~ ~ n~ C7 3 Change of Zone Application (REZ 99-007) D ~ ro r ~ Applicant: Glen & Melitta Hodson A ~ o Request: A-Sa to FA-2a ~ Tax Map Key: 7-7-7:29 State Land Use Boundary Amendment Application (SLU 99-003) Request: Agricultural to Urban Change of Zone Application (REZ 99-009) Request: Agricultural (A-Sa) to Single Family Residential (RS-20) Applicant: Peter C. Dungate Tax Map Key: 7-3-05:89 Change of Zone Ord. No. 93-38, as amended by Ord. Nos. 96-3 and 97-118 (REZ 744) Applicant: McClean Honokohau Properties Requests: ML-40a to ML-la, Reconfigure MG-Sa District, and Amend Conditions B, C, E, J, K, L and P Tax Mao Key: 7-4-08:Portions of 26 and 49 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~ lv~ ~ phen K. Yairo 32 Mayor \\JJ Comm N4 Ntile No. zNG~KN IA50799.MAY p C Enclosures Ref. To: cc: Planning Department Ref. Date !~K 7 ~ bill 88 - tr or y Stephen K. Yanuahiro , Mayor ~ or xr ~IIlttt~~1 II~ ~.ti~I~it PLANNING COMMISSION 2s Aupuni Street, Rmm 109 • ttib, H•w•ii %720.252 MAY 2 1 1999 ceos> %t-8288 e.• ceosi %t-%ts Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 99-007) Applicant: Glen & Melitta Hodson Request: A-Sa to FA-2a Tax Man Key: 7_2-Z:22_-_--_- The Planning Commission, after a duly held public hearing on May 7, 1999, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 5.001 acres of land from Agricultural (A-Sa) to Family Agricultural (FA-2a) . The property is located at the end of Nohealani Street mauka of Keauhou Uka Subdivision and approximately 600 feet east of the Walua Road - Nohealani Street intersection, Kapalaalaea, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending a favorable consideration of the change of zone: It should be noted that the submitted change of zone appiication reflected the request from Unplanned (U) or Agricultural (A-5a) to Agricultural (A-la) or Family Agricultural (FA-la) due to the County Council's pending decision on the ratification of Bill 250 Draft 9, relating to Chapter 25, Zoning Code. Bi11250 Draft 9 has since been ratified on Apri16, 1999 by the County Council. Therefore, the applicant's change of zone request is referenced as Agricultural (A-Sa) to Family Agricultural (FA-la). The Planning Director originally recommended approval of the applicant's request to rezone the subject property from Agricultural (A-Sa) to Family Agricultural (FA-la). However, after receiving public testimony and along with the applicants' Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 willingness to amend the request to Family Agricultural (FA-2a), the Planning Commission, with concurrent approval of the Deputy Planning Director, voted to forward a favorable recommendation of Family Agricultural (FA-2a) to the County Council. The favorable recommendation to rezone the subject property to Family Agricultural (FA-2a) is based on the following fmdings: In order to consider an azea for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality growth determined by the General Plan and related plamung documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed Change of Zone from an Agricultural (A-Sa) to Family Agricultural (FA-2a) zoned district would conform to the following goals, policies and standazds of the Land Use and Agriculture Elements of the General Plan: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Protect and encourage the intensive utilization of the County's limited prime agricultural lands. o The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. 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. While the potential for agricultural uses may exist, the project site soils are classified as Punalu'u (rPYD) Series soil. The Punalu'u Series consist of well-drained thin organic soils over pahoehoe lava bedrock. The soil (peat) is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. Soils within the subject property have been classified as "E" (Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property is unclassified by the ALISH system. The requested Family Agricultural (FA-2a) zoning will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Extensive Agricultural" designation by the General Plan LUPAG Map. These lands refer to pasturage and range lands. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standazds and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationships among the vazious land uses. The LUPAG Map establishes the basic urban and non-urban land use pattern for azeas within the County. The requested zone change conforms to the LUPAG Map, which designates the area for Extensive Agricultural. The property has been cleared and farmed with coffee, lychee, mango, peach palm and white pineapple. The applicants' proposal to subdivide the subject property into two pazcels is consistent with the land use designation. The lot sizes will provide opportunities for residents who wish to pursue limited agricultural activities, but aze not able to commit to the financial or labor demands placed on them by the lazger 5-acre parcels. The primary reason for this request is to subdivide the subject property into two (2) lots. The lands will continue to be used for the cultivation of crops. Therefore, the reclassification of this 5.001-acre parcel from Agricultural-5 acre (A-Sa) zoned district to Family Agricultural (FA-2a) will not be detrimental to the azea. The requested change of zone would be in conformance with the intent and purpose of the State Land Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Use Law. A condition of this approval recommendation will require the applicants to comply with the requirements of the State Land Use Law and the Zoning Code. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed agricultural use. Surrounding land uses include single-family residences and a number of vacant residential lots. The subject parcel is adjacent to the Kuakini Heights Subdivision and the Keauhou Uka Subdivision. The lots within the Kuakini Heights Subdivision and Keauhou Uka Subdivision aze essentially 10,000 squaze feet in size. The lands to the north and south are within the State Land Use Agricultural District and zoned A-la and RS-10. Some of the mauka lands along the Mamalahoa Highway are in coffee and macadamia nut cultivation and pastoral use. There aze no known historic, azchaeological or cultural features on the site and no rare, threatened, or endangered species of either flora or fauna. Water for the proposed project can be made available from an existing 8-inch waterline that fronts the subject property. All other essential utilities and services can or will be made available to the subject development. All access improvements shall comply with the Department of Public Works requirements. A condition of approval is being included to ensure that these infrastructural improvements are installed. Based on the foregoing, the approval of the Change of Zone request from an Agricultural (A-Sa) to Family Agricultural (FA-2a) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-3, the North Kona Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 We are enclosing a copy of the application and a copy of the staff background and additional comments and testimonies for your information. Sincerely, onard S. Tanaka, Chairman Planning Commission LHodso02.PC Enclosures cc: Mr. Sidney Fuke Glenn & Melitta Hodson Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu ' BHodsoOl.emm-04/6/99 COUNTY OF HAWAII PLANNING DEPARTMENT BA KGROi TND REPORT GLEN AND MELITTA HODSON ('HANGS OF ZONE APPLICATION (REZ 99-007) GLEN AND MELITTA HODSON have submitted an application for a Change of Zone by changing the district classification from Unplanned (U) or Agricultural (A-Sa) to Agricultural (A-la) or Family Agricultural (FA-la) for approximately 5.001 acres of land. The property is located at the end of Nohealani Street maulta of Keauhou Uka Subdivision and approximately 600 feet east of Walua Road-Nohealani Street intersection, Kapalaalaea 2nd, North Kona, Hawaii, Tax Map Key: 7-7-007: 29. (~F.NE Ai, INFORMATION 1. Land Ownership: Glen and Melitta Hodson are the fee owners of the subject property. 2. It should be noted that the submitted change of zone application reflected the request from U~lanned (U) or Agricultural (A-Sa) to Agricultural (A-la) or Family Agricultural (FA-la) due to the County Council's pending decision on the ratification of Bill 250 Draft 9, relating to Chapter 25, Zoning Code. Bil1250 Draft 9 has since been ratified on Apri16, 1999 by the County Council. RF.i,ATF.D INFORMATION 3. August 9, 1983: A & E Enterprises, Ltd., the previous owner of the pazcel, was granted Final Subdivision Approval of a 17.9 acre pazcel. The property was zoned Unplanned (U) and Agricultural (A-la). The pazcel was subdivided into three 5-acre parcels and two 1-acre pazcels. Tax Map Key: 7-7-7:29 was one of the five acre pazcels. PROPOSED DEVF.L.OPMENT 4. Request: The applicants aze proposing to changing the district classification from Unplanned (U) or Agricultural (A-5a) to Agricultural (A-la) or Family Agricultural (FA-la) for approximately 5.001 acres of land. c-3.zsCe,li 88) pc 5. Objectives: "Over the past four (4) years, the applicants have cleared and farmed the subject site. Presently, coffee, lychee, mango, peach palm, and white pineapple are cultivated on the farm. To assist with the farm, the applicants have hired one full-time employee. "There is a storage shed on the site of the proposed 1-acre lot, which will be kept. The applicants aze presently constructing a new dwelling on the proposed 4-acre lot, and _ there is another shed on that portion o the site. All existing agricultural structures will be retained and used in conjunction with the farm. "Much as the applicants enjoy and draw income from this farm, their age regrettably compels them to cut back their operation. As such, they wish to subdivide the property into two (2) lots, keeping the smaller lot. With the sale of the lazger lot and the soon- to-be completed dwelling, they would be in a better financial and physical position to construct a smaller dwelling for them on the 1-acre site and yet farm the land. "It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to acwmmodate County subdivision requirements and appropriate conditions of approval.° 6. Supportive Information: The applicant has submitted the following in support of the request: (See F,xhibit A -Change of Zone Application). iCTA CO TNTY PL•A_NS 7. SLU: Agricultural. 8. 13awaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 9. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for North Kona. 10. GP LUPAG MAP: Extensive Agriculture. This designation refers to pasturage and range lands. 11. Zoning: The property is currently zoned Unplanned or Agricultural-5 acre (A-Sa). 12. SMA: The property is not situated within the Special Management Area (SMA). -2- 13. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in April 1984, designates the proposed Agricultural azea as Residential-4 units/acre (RFS 4). Portlon of the mauka azea requested for an Unplanned zoning is designated A-la, while the remaining azea between the A-la and RES-4 azeas is designated A-Sa. 14. Kailas-Keahole Regional Plan: Residential Expansion. D ~ iPTTON OF PROP .RTY SiTRRO IN A F.A 15, Subject Property: The subject property is a rectangulaz shaped lot with a 10 to 15 percent slope. The azea receives approximately 20 to 45 inches of rainfall annually. 16. U.S. Soil Survey: According to the Department of Agriculture Soil Cott~ervation Services's Soil Survey Report, the land is Punalu'u (rPYD) Series soil. The Punalu'u Series consist of well-drained thin organic soils over pahoehoe lava bedrock. The soil (peat) is rapidly permeable. The pahcehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazazd is slight. 17. FIRM: The subject property is located within Zone X, area determined to be outside the 500-year flood plain. 18. Land Study Bureau Soil Rating: The Land Study Bureau's overall master productivity rating for agricultural use is Class "E" or Poor. 19. ALISH: The property is not classified according to the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) system. 20. Flora/Fauna Resources: According to the applicants environmental report, the site has akeady been cleazed in the past and the azea has been used as a farm. Although no professional surveys were conducted, the site is dominated by alien species. These include coffee, lychee and citrus fruits. No native fauna was observed on the site. The site is not lmown to be a habitat for any raze or endangered animal life. 21. ArcJ~aeological Resources: According to the applicants' environmental report, the site was previously cleazed. No professional survey was conducted. However, the proposed action will not have any effect on significant historic sites. Nevertheless, a -3- condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any azchaeological sites be encountered during the course of development. 22. Surrounding Zoning and Land Uses: There are single-family residences and a number of vacant residential lots adjacent to the subject pazcel within the Kuakini Heights Subdivision, and the Keauhou Ulta Subdivision. The lots within the Kuakini _ Heights Subdivision and Keauhou Uka Subdivision aze essentially 10,000 squaze feet in size. The lands to the north and south aze within the State Land Use Agricultural District and zoned A-la and RS-10. Some of the mauka lands along the Mamalahoa Highway aze in coffee and macadamia nut cultivation and pastoral use. 23. Planning Director Initiated SLU Boundary Amendment: In 1994, the Plazming Duector is initiating 30 SLU Boundary Amendments from Agricultural to Urban, for pazcels less than 15 acres in size, within the vicinity of the subject pazcel. These lands extend from Kailua-Kona to Keauhou and maulta up to the old railroad right-of--way. The purpose of the boundary amendments is to allocate sufficient land for future urban growth and also to duect urban growth in appropriate areas designated on the County General Plan. If approved, the amendments would provide for mid- to long-range planning rather than reacting to developer-initiated proposals. These applications will eventually be forwazded to the Planning Commission for review and recommendation. The Plamring Director also submitted a petition to the State Land Use Commission for a SLU Boundary Amendment from Agricultural to Urban for 16 pazcels, greater than 15 acres in size, in the Kailua-Kona to Keauhou azea. The request, involving the same azea as mentioned above, involves lands that are either in urban use or projected for urban development. A number of these lots are adjacent to or surrounded by existing Urban lands. In June 1998, the State Land Use Commission approved approximately 432.91 acres of land, of the petitioned area of 955.78 acres. (See Exhibit B -Map showing approved area -Kau to Keauhou). PUBLIC Ll'I'i_i•11TES A_ND SERVICES 24. Access: Access to the subject property is via Nohealani Street which has a -4- right-of--way width of fifty feet with a 20-foot wide pavement. Nohealani Street hooks up with Walua Road, which as a pavement right-of--way width that vazies from 30 to 40 feet with a pavement width of 14~ feet. Walua Road wnnects to Akoni Drive which intersects with Kuakini Highway. The right-of--way width of Akoni Drive is forty feet with a 16f foot wide pavement. 25. Water: Water is provided by an existing 8-inch waterline that fronts the subject property along Nohealani Street. 26. Wastewater: There is no municipal sewer system in the azea. The applicants would be required to dispose wastewater into a septic tank system. 27. Utilities: Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. AGENCIES' COMMENTS 28. Police Department (March 9, 1999 Memo): "Staff has reviewed the above-referenced application and does not foresee that the request will negatively affect public safety or traffic conditions in the azea." 29. Real Property Tax Office (March 1, 1999 Memo): "The above referenced pazcel has received a preferential agricultural use assessment since 1996 and as such is subject to rollback taxes for the period covering the immediate past four yeazs in the event of a subdivision into pazcel sizes of 5 acres or less. "The real property taxes aze current.° 30. Department of Land and Natural Resources -Land Division (March 23, 1999 Letter): "We have reviewed the subject application and have no comments to offer on the matter. "Thank you for the opportunity to review this application." 31. Department of Health (February 25, 1999 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." -5- 32. Department of Transportation (March 1, 1999 Letter): "Thank,you for your transmittal requesting our comments on the subject application. "The proposed zone change will not impact our State transportation facilities. "We appreciate the opportunity to provide comments." 33. Department of Public Works: (See Exhibit C -April 6, 1999 Memo and Applicant's Response - April 23, 1999 Letter) 34. Fire Department: (See Exhibit D -March 1, 1999 Memo) 35. Department of Land and Natural Resources -Historic Preservation Division: (See Exhibit E -March 17, 1999 Letter) 36. Land Use Commission: (See Exhibit F -March 1, 1999 Letter) 37. Applicants' Response to Fire Department and Real Property Tax Office: (See Exhibit G -March 11, 1999 Letter) AGENCIES - NO COMMENTS 38. Department of Water Supply, Department of Agriculture, and Natural Resources Soil Conservation Service PUBLIC COMMENTS 39. The Department has not received any objections from the general public or adjacent landowners on the subject request. -6- APPL~.:ATION FOR C$ANGE OF ZOh, COIINTY OF HAWAII ~c~ PL'A1NNING DEPARTMENT ',PPLI CANT : ` ~V APPLICANT'S SIGNATURE: Gi.enn & Mn1; tra Hnricnn DATE: ~ !S ADDRESS: 77- ~ ~ ~ , l LIST APPLICANT'S INTEREST IF NOT OWNER - i LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS ~ J~ TELEPHONE-BUSINESS: ~ /}~2-~~`-r~ RESIDENCE: Same REQUEST- fi ~-t- Cam(! ~ UnplannedTO . Ft1-la orA-la (Existing zonyng•~ lPrapasea zoning) TAX MAP REY: 2 -~-~-'7 ~ 2g ~D ~ AREA OF PROPERTY O//R``AFFECTED A'RnEA(S) TO HE£REZONED: S LANDOWNER(S): ~/12~Gc~~~--y~~~.~'~~~/ OWNER'S SIGNATURE ~~V~~l' ~'I'~l DATE 1 ~ r~~'1 (May a by etter ) AGENT: Sidney Fuke AD~~ESS: 100 Pauah; Street, Suite 212 Hilo, HI 96720 Ph: 969-1522 FAX: 969-7996 TELEPHONE-BUSINESS: ~ ~ ~s~ RESIDENCE: Please indicate toee ''w~ha~m~ o,~r~/iginal correspondence and copies should be sent. ORIGINAL/y~~~.,1~~~"k%~)~COPIES Sidney Fuke El(FIIB~`~ ,.~.....rr..o (See Inst^SC`ons in 3~ aTTACxMENT agricultural Rezoning PLANNING.DEPART~NT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with Che approved change of zone? !r~~ 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? all b. Into what lot sizes? 1+ and 3+ aC. c. If your request is approved, approximately how long after [he date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? immediately d. Do you intend to build houses on the. newly created lots? yeS If v`es, please answer the following questions: On how many of those lots? on' At what annroximate price range? House Lat Total -S-i.-~A-,-UUO Approximately how long, after approval of the subdivision, ' would the first house be available for occupancy? 1 year If you intend to subdivide, please submit a preliminar-~ schematic subdi~aision 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. Se11 or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and ycur further plans for the land will alleviate the local housing situation? Yes How? gy making an additional farm lot available, it should increase the overall inventory of available lots in the area. 4. 2.re there any buildings on the subject area? Yes If so, what kind? One single-family dwelling~und~r construction) One quonset but used for storage. One temporary dwelling (quonset). What do you intend to do with those buildings if your request is approved? -The agricultural storage building will be remained. 1'iie mther will be removed upon completion of thed~oelling. 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list [he kinds of products grown and on how many square feet or acres of land per product. Mango, coffee, lychea, peach palm and white pineapple crops aye planted over approximately 4 acres of land. 6. Was lour request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? Ye s What kinds of commodity? Yep b. Suitablility of the proposed lot-size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes This would be more suitable for backyard or supplemental income farming. _Z_ d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Nn Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. Please refer to planning and/or environmental report. If you do not intend to subdivide the subject land for some sort'of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think chat the roads leading to the subject area needs improvements? No I` so, what '.<ind? Is the road adequate for the proposed traffic volume or load? Yes What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes vo a. Schools x b. Roads x c. Sewer x d. Drainage x -3- Yes Vo e. Police Protection g f. Fire Protection g. Recreational Facilities h. Public IItili[ies x i. Other x For those checked "yes," please elaborate what type or kinds of improvements 'and/or assistance are needed. C Signature: r ~ ~r~7`~~~~~ Address: ~ ~ ~j ~ ~ J ZC7iw-~ZX-cl~N~ Telephone: (Od-p~ 3 - ~ ~S~ Date: ~ '~f / ~l COUNTY ENVIRONMENTAL REPORT REZONING REQUEST (A-Sa to FA-la or A-la) GLENN & ~iELITTA HODSON KAPALAALAEA 2nd, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-7-07: 29 Prepared By Sidney Fuke, Planning Consultant January 1999 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (Unplanned or A-Sa to A-la or FA-la) GLENN & MELITTA HODSON TAX MAP KEY: (3) 7-7-07: 29 KAPAi.AAi.AF.A 2nd, NORTH KONA, HAWAII L INTRODUCTION The applicants, Glenn and Melitta Hodson, are requesting a 5.001 acre parcel to be rezoned from Unplanned (U) or Agriculture (A-~a) to either the Agriculture (A-la) or Family-Agriculture (FA-1a) district in Kapalaalaea 2nd, North Kona, Hawaii. (See Figure 1) The property is located at the north end of Nohealani Street, a residential subdivision consisting essentially of 10,000+ square foot house and lots. Nohealani Street intersects with Walua Road, near the Kuakini Highway/Kamehameha III Road intersection. If approved, the applicants intend to subdivide the 5.001 acre pazcel into two (2) lots, consisting of approximately 4 acres and 1 acre. The applicants plan to construct their home on the I acre lot and continue to cultivate their small-scale farm. The other lot would be sold to a person who would continue farming the land. It should be noted that the original zoning of the site is Unplanned (U). With the adoption of the 1996 Zoning Code and the elimination of the Unplanned category, this designation became Agriculture-Sa. The applicants originally planned to apply for the Family-Agriculture (FA-la) district. However, in view of the Circuit Court's recent decision to void the Zoning Code which, among other measures, created this district, the applicants are not sure what would be the applicable zoning category. As such, the applicants are requesting and have no objections to either category, whichever may be deemed applicable and/or appropriate by your office. II. PROJECT LOCATION The subject area is located immediately mauka of the Keauhou Uka Subdivision, a residential subdivision zoned RS-10 and consisting of essentially 10,000+ square foot lots. Nohealani Street serves as the principal street within this subdivision. At the end of this street, there is a 3-lot 5+ acre subdivision, with two lots (including the subject area) having direct access to Nohealani Street. The remaining lot is a flag lot. (See Figure 2) Nohealani Street extends approximately 500 feet to the subject property from Walua Road. From this intersection, it is approximately .2 miles to the Kamehameha III and Kuakini Highway intersection. 1 ~ ~ .Yrlkolle.SL,.., s _ ~T A v I- a P SEE MAUKAa ys--- C_ D.._. "a ' T cn'm,x~~_~ew~asd KP~N`o~' ad. ~ ~ ~ ~ zrl~m~ Page 24 ~ ~ ~ 'ol~- al U i ~.~p' C.~ ~ m%l a~ ~n~- ~ ~Po~W ~KaAain ~KN~~~ ~ ~2 n~~ikni~ ~ ' ' G'fO ti ~ tC ~ref? 9 _ 'Y m See inset on ~ VI6~,W ` ~ ~1 7 n 4 F MAU rw Page 27 for 1 11 1 , \ I 9~~II/1``9 3 a o' , ' tletail of this ~ 1 ~Jf~0 ~ n area. ~ ~ un St Do. 'I ~ s ONSET S9 ° ~ ~t.._II11_~.._ -._.._tt.. _ - F R-;- - t' _ r u I V~RACE'_.._.._._._._._._.._.._.._.._.._.._._.._.._.._.. - x TER _ i , J y ~ ~ =s ~ ~ 2 KUAKINI 1\ ~ HEIGHTS , ~~Paulina Pl. ' Akani!Dr. ~ / Mele PL ? Ili Keipp PL 1 ' Ainanani St. i ~f~~Emalai Pl. ' ~Oa / , / ~ r a i ~LKOana Wy. a,, l~~_~_ani st, SUBJECT STI'E I, I m ~ fo, ~ ~CEAUHOU 1 ymm ~ UKAiI ~ ~ minty c\ o `KAHALUU I i 1 FARM _ rn ^ - z ~ ~ LOTS, ~ w 9 i ~ i \ '\t _ m i ~ m'~1 t 1~'i to I ~ , 41` i u,~, Z` ~ ~,p , q I Y%I ~ ~ ! \1 _ _ _ Qa!~ _ 1.. Walua R~..._.._.._ ~I ~'I KAHALUU BAY ~ ..~K~Ar^an0i ~2 _ ~ ~ VIL~PS ,~Kuhrnan Wy OI ' I _ ~ .y.a ory G~ KAHALUU ! KAHALUU I Is n ~ ~ 'le`;.~ tP KEAUHOU 'I is ~~~~~e,,,, t~ 1 KEAUHOU i . I ~ ~.Vry, ~O ~ HOOT~,~ FARM LOTS I Ir wc~~ ~ ~ ~ ~I iv ! Mokuaikana R ~ II CC ~ c (Donkey Mill RB) ~ _ i .KA AMENA OEP._.._, _ I ~._\\P\ 1 CO.~~ i N N~HOU _ l~ A~! I S RTES s 'I \ ~~\1 1~ ' ~ ~ 6 o ~ ~ KEAUHOU ~ Kawna st / Raewinast I s _,sy,_-_ SEE PAGE 25 A --_+-vB _7!1„°'~ "tika`~'is"?",;:ffi1. is _ :~D Firr...-n 1 T OT ~ ao iw ~y I I PL.a OG i L gin' ^ I ; ~ I I ~j P: I I ` `I ~ / I~ ~ d' ~I ' uJYJLJMOJ ~ •F Q' k~ •rr w r fir./.r. UI I.e:.• 1.1 r.-~~..~. L/ 1'~- y?f R ~ y 1 .'r •r ~~ay.. / C l X16 °aa'• _ li °:'h,^. ~ J i /.a~\, u' ~ I F° .~+.r...: 1 ~ (Ir•~""" w V. )^II - i) ` " :I;r~.ti..Y 22 f BI°~G i- I ~ 3 f ~ ° i PIGti~~..a ,.r..".-a..%sl r. . 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I n a ia0 Figure 3 i$ ~ '~~$~iir ash ° 7 ^„Wg ~ U ~ a um-v: ~xJx f ~o W Q xtYa >t~u ~ # 9 ' ~ _ ff: to b g t z _ ~so~p0 p0 e yo'~ 3 ` 'g n\ ~ a k e 1' t51 0 1 S ~ U ~ OI Z n i ~ ~ of y n M1°s t~, ~ ~.1 - c o a f7 -I~ ~1„ ~ 1 > c ¢ ~ 1 t°° qfP '9~IO .r.~ n. ~ 1 l1 1 J~ I ~ °9' tS. n ~ Q I I 1 M1 ~ y6' +A. o Q 111( 1\I ~I~ ...I = .,~,4,'~ '1 sa ~ °0.«P+. ~ i I I ti~1 ti d' t°. \ 1'~~'; \_1 \ t)1 y0 66-x. ` / 1 n 1 ~ \111 I' 111111. _ IUIm•\~ s .1 0 n I~1 ^~I~IA~~' ..\L fil. °~1 'S} 115'56"t ~ O A i ll.. 1 ~ 1 \i ± ~~1~ YV ~11 II ~.Fmrn.~ O~~ i " ~ +.ti~t,II~IpId~1{1V~~t~ b \ 8 ~ ~tt01~l~eml'aE~n~ ti:~~ I 1 A~ III. PROJECT DESCRIPTION A. Project Concept and Componepts Over the past four (4) yeazs, the applicants have cleared and farmed the subject site. Presently, coffee, lychee, mango, peach palm, and white pineapple are cultivated on the farm To assist with the farnt, the applicants have hired one full-time employee. There is a storage shed on the site of the proposed 1-acre lot, which will be kept. The applicants are presently constructing a new dwelling on the proposed 4-acre lot, and there is another shed on that portion of the site. All existing agricuhural structures will be retained and used in conjunction with the farm Much as the applicants enjoy and draw income from this farm, their age regrettably compels them to cut back their operation. (See Eahibit A). As such, they wish to subdivide the property into two (2) lots, keeping the smaller lot. With the sale of the larger lot and the soon-to-be completed dwelling, they would be in a better financial and physical position to construct a smaller dwelling for them on the 1-acre site and yet farm the land_ It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. (See Figure 3) B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approvals as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by mid to late 1999. The estimated cost of improvements, if any, would be less than $5,000 for possibly a new water service lateral IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested azea, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. 2 B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the most of the site Extensive Agriculture. This designation refers to "Pasturage and range /ands. " The lower portion of the site appears to be designated Law Density which is geared for residential uses. It should also be noted that the County Planning Department, in its review of - the General Plan, is contemplating the designation of this area as "Kona Coffee Belt." One of the thoughts behind this proposal is to encourage families to continue or get into coffee farming rather than creating subdivisions for gentlemen farmers seeking tax shelters. - Based on the requested Family Agriculture (FA-la) or Agriculture (A-la) designatioq the project would be consistent with the General Plan and no amendments would be required. C. Draft Kona Regional Plan This plan attempts to further deSne the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1984. It has not, however, been adopted by the County Council. The Land Use Concept map of this plan identifies the A-Sa designation for this area. This designation suggests agricultural uses, with lots no smaller than 5-acre. Although the requested FA-la or A-la zoning may not be numerically consistent with this designation, the proposed uses should not be violative of the agricultural objective. D. County Zoning ' The County zoning of the subject property is Unplanned (U) or Agriculture (A-Sa), whichever category is applicable in light of the Circuit Court's decision. Properties immediately to the north and south are also similarly zoned. However, properties mauka of the site are zoned A-la and on the makai side, zoned RS-]0. The makai properties make up the Keauhou Uka and Kuakini Heights subdivisions. If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-la or A-la zone would be adhered to. 3 As the rezoning process requires metes and bounds description and the lot lines are not fixed at this point, the applicants elected to go with the I-acre zoning. This zoning would give the applicants the needed flexibility to accommodate their land use plans and any technical requirements of the Subdivision Code. E. Other Permitting Considerations - The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted eazlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, and the like. V. ENVIItONMENTAL CONSIDERATIONS A. General Description The elevation of the site ranges between 640 to 700 feet above mean sea level. The mean annual rainfall in this area ranges between ZO and 45 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be fight and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The entire parcel is generally rectangular in shape, with the nazrow portion fronting Nohealani Street. The site has three structures on it. Two are storage sheds (one with a restroom), and the other is a dwelling under construction. Approximately 3-4 acres are presently cultivated with coffee, white pineapple, citrus, lychee, mango, and peach palm. B. Soils and Toooaraohv The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope from the top of the property to Nohealani Street. 4 The US Department of Agriculture Soil Conservation Service Soil Survev Report classifies the soil to be of the Punaluu muck (124 D) series. This type of soil is typically found on the west and southwest slopes on the undissected uplands of Mauna Loa and Hualalai Volcanoes. The parent material is organic matter mixed with minor amounts of volcanic ash over pahoehoe lava. It is moderately well to well drained, and permeability is moderately rapid to rapid. Its erosion hazard is slight. This type of land is typically used for grazing. The Land Studv Bureau Overall Master Productivi Ratine for the subject area rs essentially Aa (E268). This type has very little or no soil material. Permeability is excessively well drained, runoff is slow, and the erosion hazard slight for this soil type. It is unsuited for machine tillability. This type of soil is not typical for agricultural crops. It should be noted that the soils typically found in the coffee belt are of the Honuaulu Soil Series, which this site is not. Notwithstanding this fact, however, the land has some coffee trees planted on it. The State of Hawaii's Aericultural Lands Of Importance to the State of Hawaii (ALISH) maps does not classify this site as being significant from an agricultural perspective. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Man (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. 2. Tsunami Hazard As the site is located over 2 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the 5 City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 3, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicants do not believe that raze or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared in the past and actively cultivated as a farm. From a floral perspective, then, the site is dominated by alien species. These include coffee, lychee, citrus fruits, and the like. Thus, floral impacts should be minimal. The site is not known to be a habitat for any raze or endangered animal life. Further, the cleazed and urban/nual nature of the surrounding azea would make it less likely to find endangered animal life in the area. E. Historic/Archaeological Resources As the site has been cleazed and actively farmed, no commissioned archaeological survey of the site was made. The clearing makes it less likely to find any archaeological features on the site. , Nonetheless, during the course of developing the subdivision or the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Water and Coastal Resources The subject site is located well over 2 miles from the coastline. As such, coastal impacts resulting from dischazge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. 6 Wastewater from the project will be serviced by sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool, septic tank or related system G. Noise, Air Quality, and Dust The Nohealazv Street and Walua Road will serve as the major thoroughfare to this project. Walua Road eventually connects to the Kuakini Highway. The existing ambient traffic level in this azea is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short term noise impacts associated with the construction of the infrastructure (such as a water service lateral) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air ug_ ality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one additional unit. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. H. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. Howevec, there were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalal Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the area. The site is located more on the lower end of Hualalal Mountain, and the normal residential height should not detract from the mountain. 7 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural in nature. There are some small family-type farms and cattle grazing on properties mauka and to the immediate north and south of subject site. Those properties are zoned (under the pre - 1996 Zoning Code) A-la and Unplanned. Properties makai and adjacent to the site aze zoned RS-10. These are part of two residential subdivisions. There are also a number of residential lots with the residential (RS-10) zoning along Walua Road. In a sense then, the subject site is "sandwiched" between A-la and RS-10 zonings, with the north and south azeas zoned Unplanned. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural-residential pattern of this azea. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make a fee simple lot with coffee and other crops more intensively utilized. Under the present condition, portions of the farm would have to be abandoned, thus not helping the agricultural industry. Further, there will be some small short-term construction activity. And this, could help with the area's economy. C. AgriculturalImoacts As noted eazlier, the site has been used agriculturally. Its continued and more intensive use, however, would be predicated upon the applicants' ability to subdivide the property. The applicants' proposal would thus help foster the agricultural objectives by making agood-sized agricultural lot with crops available to a potential farmer. 8 VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Immediate access to the project would be via Nohealani Street. This County- owned road has aright-of--way of fifty (50) feet with a pavement width of 20+ feet. There are also improved shoulders on this street. - Walua Road has a varying right-of--way of 30-40 feet. In this azea and towards the Kuakini Highway/Kamehameha III intersection, the road pavement for the most part is at least 16 feet wide. There aze a few sections that have widths of less than 16 feet. )n these areas, however, there is enough shoulder room to accommodate two-way traffic. The applicants propose to have both lots get access from the private 10+ foot wide concrete driveway. Should this not be allowed, then, one of the lots would get its legal access directly off of Nohealani Street. B. Water There is an 8-inch County water line fronting the property along Nohealani Street. The applicants presently aze serviced by a 1-inch meter. Tentative plans call for the 1-acre lot to be serviced by an association meter which presently services the three 5-acre lots. Depending on the exact elevation of the property, however, the proposed I - acre lot may need an elevation agreement. C. Wastewater There is no County wastewater system in this azea. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the applicants when they construct their dwelling on the 1-acre lot. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.. With the requested FA-la or A-la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. 9 E. Other Government Services As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located in Keauhou Mauka, less than 2 miles from the site. There is also the Kailua Station located approximately five (5) miles away. The Police Station is located at Kealakehe, approximately six (6) miles from the subject site Elementary schools aze available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately five (5) miles away. ' County pazks aze available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lon>:-Term Productivity If the request were denied, the short term use of the site would probably continue in agriculture. However, as the area is too lazge for the applicants, the agricultural use of most of the property would probably be abandoned and only about 1 acre would remain cultivated. Given the residential chazacter of the makai properties, there may be pressures for the subject property to be similarly urbanized or used as a lazge-lot gentleman estate. And from an agricultural perspective, a residential subdivision may not be the most feasible use of the site. From a long term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in continuing the agricultural use of the land. l0 B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. Although the soil on the parcel has been classified "E" or very poor by the Land Study Bureau, its current agricultural use suggest otherwise. The site does have agricultural potential. It is thus argued that the creation of the 2-lot - subdivision should help foster and not remove this land from its current and more intensive future agricultural potential. C. Mitigative Measures The applicant intends to make improvements, if necessary, to be consistent with the subdivision process. And if construction is required, contractors will be obligated to comply with appropriate State noise and air quality standards. Should uttartticipated archaeological finds be discovered in conjunction with any furthec development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required wading or grubbing work has been done, and the balance of the work will be done by hand and limited farm tools. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project . 1. No Project Under the srcrtus quo alternative, the site will continue to be farmed for the short term. However, as the site is too large for the applicants, the farm will be cut back significantly. This in turn will de facto rentove a potentially agriculturally productive area from the area's economy. The site could also be sold to one who maybe interested in farming the site. However, it would be equally possible to have the land sold at market price to a "gentleman farmer." 11 Given the present mixture of land uses and lot sizes in this azea and proximity to urban areas, the site may not be utilized to its fullest agricultural potential. 2. Alternative Density Under this alternative, the applicant could seek a rural (RA-.Sa) or even RS-10 zoning. Either zoning would azguably be consistent with - the adjoining RS-10 zoning, Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or coffee farming in this area. 3. Evaluation of Alternatives The project's impacts to the azea's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appeaz that none of the alternatives would be more prudent and beneficial than the requested FA-la or A-la alternative. LY. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawau. It provides direction for balanced growth in the County. The LUPAG map designates the site Extensive Agriculture. This designation allows the requested FA-la or A-la zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. 12 For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale truck crops or coffee farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind " patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) azeas off' environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehiculaz transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the farming operations. Any noise-generating facility -such as air conditioners -would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a coffee processing plants, as it would be more economical to send the products elsewhere. The project azea is outside of any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites. It has already been extensively cleared and actively cultivated into a fazm. Nonetheless, work will cease if unanticipated azchaeo(ogical remains are discovered while continuing its farming operations. Work will resume only after proper clearances from the State and/or County have been received. Being under cultivation, the prospects of the site serving as a habitat for rare or endangered plant or animal life appeaz remote. I3 As the FA-la or A-la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating an additional lot. The Plan also emphasizes that developments be mindful of an azea's natural beauty. In this situation, the project has been used in a manner where it blends with the existing terrain. As the project site is more than two (2) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of cesspools or septic system or other acceptable form ofwastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehiculaz access to the site is ah-eady fully improved. Schools and other public facilities aze also located proximate to the site, most of them being less than five (5) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required Rural-style residential-agricultural developments, such as new small-scale 14 rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Extensive Agriculture designation of the LUPAG map. It would also be generally compatible with the surroundi~ azea. There aze many lots less than 1-acre adjacent and makai of the subject site. There are A-1 a zonings mauka of the azea. Although the soil of the site is classified "E" or very poor by the Land Study Bureau, its current agricultural use suggests some measure of agricultural value. This request should thus encourage more intensive agricultural activities on the site. This lot size would be conducive to not only the applicam's needs but make another lot available to one who wishes to pursue possible backyard or more intensive full-time agricultural activities. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoning and Subdivision The designated zoning of the site is "Ag-Sa." Should the FA-la or A-la zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. D. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law will be adhered to. 15 REASONS FOR WANTING TO SUBDIVIDE 5 ACRE PARCEL: We retired to Honolulu from California in 1980 and lived there happily for some ten years. During these years we frequently visited Kona on the Big Island and started dreaming about farming a small piece of land. We found an ideal property consisting of five acres of undeveloped land just above Queen's Hiway in Keauhou and bought it. Four years after planting coffee, lychee, mango, peach palm and white pineapple we had our 2~ harvest. We love the place but find it too much work for the two of us and we have to hire help. Unfortunately the harvest does not even pay for the help. We love where we are and what we are doing. We are in excellent health and enjoy working the land and we are convinced we could handle one acre just fine. We have planted this acre in white pineapple, lychee and some citrus. We would like to remain right here on this small farm close to town with our dog and cat, but this will only be possible if we can subdivide and dispose of the four acres we are unable to farm. Respectfully, G n Hodson t ~t~ ~ ~ e itta ~odson December 18, 1998 EYHIB[T .a i ~ ~ ~ ~ K2K..b.PoHOU.d.np. . ~ w,,K..r~.a.d.a. Q - - - ~ . r. - o Q N E S - - A94705 / COUNTY OF HAWAI'1 PLANNING DEPARTMENT LOCATION MAP ®Approwa Ma is as wr rro~ ~.~.oe: por. r ~-so3: e. r, . por.29.6por.8o a o«~a~r...Tax~wyNO.:~-s~:zs:~-saas:~-s~r.~. »~~aor¢ii.~ i~'x.se:~~.m:s~: EXHIBIT Kama-uenr,w,. soum Kona, Harral't ~ ~ ~ EXHIBIT "A" DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE April 6, 1999 Memorandum TO :Planning Director FROM a men~blic Work s Engineering Division SUBJECT: Change of Zone Application (REZ 99-007) Applicant: Glen and Melitta Hodson Location: Kapalaalaea 2nd, North Kona, Hawaii TMK: 7-7-07: 29 We have reviewed the subject application and offer the following comments: u'I ~n 1. Building shall conform to all requirements of code and statutes pertaining to building construction. r in 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. 4. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. 5. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. Hr~~~ < C' Memo to Planning Director Page 2 April 6, 1999 6. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. Roadway 7. Access to the individual lots must meet with the requirements of Chapter 23 of the Hawaii County Code. If you have any questions please contact Thomas Pack in our Kona office at 327-3530. TWP:sIs cc: Engineering -Hilo Engineering -Kona Planning -Kona ~ ~ h YOf , ~ a F•~)• - BENJAMIN J. GAVETANO ~ ESTH ER VEDA GOVERNOR EXECUTIVE OFFICER L STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT 8 TOURISM _ LAND USE COMMISSION P.O. Box 2359 ' _ Honolulu, HI 96804-2359 Telephone: 808-587-3822 ~ _ Fax: 808-587-3827 March 1, 1999 Ms. Virginia Goldstein Planning Director County of Hawaii - 25 Aupuni Street, Room 109 _ - Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 99-007) for Glen and Melitta Hodson, Kapalaalaea 2nd, North Kona, Hawaii. TMK 7-7-07: 29 We have reviewed the subject application transmitted by your memorandum that was received on February 25, 1999, and have the following comments: 1) We confirm that the subject parcel is designated within the State Land Use Agricultural District. We note that the application incorrectly refers to the district as the "Agriculture" District. 2) On page 2 of the County Environmental Report, it is stated that no Commission (rezoning) action is required based on the size of the requested area. We wish to point out that the Commission does not process rezoning requests but rather acts on boundary amendment petitions involving lands greater than 15 acres in size in the Agricultural, Rural, and Urban Districts, and on all petitions involving lands in the Conservation District. 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. Sincerely, ESTHER UEDA Executive Officer EU:th , SidneyFuke, Planning Consultant 7 100 Pauahi Street. Sutte 212 • Hib, Hawaii 96720 • Plannng • Variance • Zonng Teleptgne: (908) 969-1522 • Fax: (809) 969-7996 • Subdivision • land Use Permds • Emironniental Reports Apri123, 1999 •J~~ 1?:~/I I ~ 7 ~ l7 ~ . Ms. Virginia Goldstein, Director r ; Planning Department COUNTY OF HAWAII 25 Aupuni-Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Rezoning Request (REZ 99-007), Glenn & Melitta Hodson North Kona, Hawaii, TMK: 7-7-07: 29 This is in response to the Department of Public Works' comments of Apri16 regarding the subject matter. Please be informed of the following: a. This project wt71 not involve the construction of any structures. Should this request and the subsequent subdivision request be approved, the respective lot owners will assume the responsibility of applying for and constructing any structures on the site in accordance with County Codes. b. At this point, the applicant does not em+ision having to make any on or off-site infrastructural improvements to have the property subdivided. In the event drainage or other improvements are required, however, they will be made consistent with the requirements of the Department of Public Works. These include a~ grading or grubbing permit associated with the required inlTastcvcture. c. Access to the proposed lots will be revised, if necessary, to satisfy the re requirements of the Subdivision Code. We trust that this satisfictorily respond to the DPW's comments. If not or if there more comments, please feel free to direct them to- rr1e. Thank you very much. ~~'M V~ Planning Consultant cc DPW -Engineering 00338'7 ~a Stephen K. Yamashiro ~ Edward Bumatay Mayan i ~9+~ak/ K'•~'di w•+~ famxzt#g of ~rxfurxii FIRE DEPARTMENT 777 Kilauea Aveaue • !(ell Leos, Room 6 • Hilo, Htynll 96720.4239 iy ~808~ %1-8297 • Faa (809 %182% . March 1, 1999 „ To: Virginia Goldstein, Planning Director From: Edward Bumatay, Acting Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 99-007) APPLICANT: GLEN & MELITTA HODSON REQUEST: UNPLANNED OR A-Sa TO A-la OR FA-la TAX MAP KEY: 7-7-7:29 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Acceea Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). CPU Ca`y ~~K~II~Y'~ Out X61 .,,~~t To: Virginia Goldstein, Planning Director Page 2 March 1, 1999 i "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be _ impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) ~Pidth. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearaaca. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating .the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turaing Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 March 1, 1999 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15$) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and~zlearances established under this section shall be maintained at all times. "(1) signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." BUMATAY Acting Fire Chief EB/mo ~ O I y. - t~ ~ BENJAMIN J.CAVETANO • ~t1 R, TWOTNV EUONNi. CNAW/61iOM GOVERNOR OF NAWM BOARD Of LAND ANO NATURAL RESOURCES y\ ~ opvnn \1 ~j °OII~,~~`°~ JANET E. KAWELO \ 1 , ~ ~ STATE OF HAWAII AOUATCRESOURCES BOATING ANO OCEAN RECREATON f G`' CONSERVATON AND RESOURCES DEPARTMENT OF LAND AND NATURAL RESOURCES ENFORCEMENT ' ~ CONVEYANCES - HISTORIC PRESERVATION ON1610N FORESTRY AND WROUFE J KAkuhiMwE EWiWkp, Room 666 NISTONC PRESEAVATON 901 KAnwkib 6o,dwrd L/,Np KraIN. Nrvr 10707 5TATF PARKS WATER RESOIRICE MANAGEMENT March 17, 1999 Ms. Virginia Goldstein, Director LOG NO: 23082 Planning DepartmenUCounty of Hawaii DOC NO: 9903PMC:, 25 Aupuni Street Hilo, Hawaii 96720 = Dear Ms. Goldstein: SUBJECT: Change of Zone Application (REZ 99-007) Applicant: Glen and Melitta Hodson Request: Unplanned orA-5a to A-1a or FA-1a Kapala'alaea, North Kona, Hawaii Island, TMK: 7-7-7:29 Thank you for the opportunity to review and comment on the subject application, which was received in our office on March 1, 1999. The application notes that the 5.001 acre subject parcel, located directly above the Keauhous Uka Subdivision, has been cleared in the past and used as a farm. Based on this information we believe that it is unlikely that significant historic sites would be found on this land. We thus believe that the proposed uses wil! have "no effect" on significant historic sites. If significant historic sites or features should be found in the process of developing this parcel the Planning Department and our ~~ffice should both be notified. If you have any questions please contact Patrick McCoy (692-8029). Aloha, DON HIBBARD, Administrator State Historic Preservation Division PM:amk S SidneyFuke, afar ~ consuicant 100 Pauehi Street, Sidle 212 • Hilo, Newell 98720 • Planning • Varimce • Zoning Teleplwne: (808) 969-1522 • Fax: (8081989-7898 • $ubdvicion • land Uu Pmnih ~~9 •5wioixnaddReporh - ~'i7R 1~ rp~ I u6 March 11, 1999 • J': Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Rezoning Request (REZ 99-007) Glenn and Melita Hodson. TMK: 7-7-7:29 = This is in response to comments from the Real Property Division and the Fire Department. Please be informed that the applicant is aware that the subdivision of lots into less than 5 acres would result in a "rollback" taz. Relative to the Fire Department comments, the site presently has aCounty-approved access. With the proposed subdivision, the two lots would continue to use this access. We trust that this will be satisfiuKory, as it was deemed acceptable by the County when the subdivision creating the subject parcel was first created. If not, appropriate adjustments and/or improvements will be made in conjunction with the subdivision approval process. As I am assisting the applicants on this matter, I would appreciate your directing all questions and correspondences on this matter to me. I will then inform and/or provide the applicant with a copy of the correspondences. That should help facilitate the response process. Thank you very much incerely, NEY M.FUKE Planning Consuhant cc Melitta and Glenn Hodson Real Property Division -Kona Office Fire Department ~ EXHIB~'~ APPLICATION FOR CHANGE OF ZONE COIINTY OF HAWAII P,LpA~]NNING DEPARTMENT ~.PPLICANT : l 1PPLICANT'S SIG~N/ATIIRE: G__enn & Mel~_ttA u~,~~,,,, DATE: ~ ~S ADDRESS: / 7 ~ 6 ~ ~ - LIST APPLICANT'S INTEREST IF NOT OWNER - LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN QFFICERS ' TELEPHONE-BUSINESS: ~ 2-~-~ RESIDENCE: Same REQUEST: fi C~t-c~ " UnplannedTO . F:S-la orA-la Existing zan~ri'~ Propose zoning TAX MAP REY: ~ -7-~-'7'~~-n7 ~D AREA OF PROPERTY O/R~ AFFECTED AREA (S ) TO HE REZONED : ~ ~--e-~ LAND OWNER (S) : l~'~~~/'h~~_, f~ ~.yS/~.~L~t$i ~~¢~~~.~i~-[)7'L~ ~ OWNER' S SIGNATURE / N1~Gt~ lam. (/(~~'7`t DATE -7" ~~~A lMay a by ette= ) AGENT: Sid nay Fuke ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 9670 Ph: 969-1522 FAX: 969-7996 TELEPHONE-BUSINESS: ~~--~c'~ RESIDENCE: Please indicate t~o~/whom o=iginal correspondence and copies should be sent. ORIGINAL /~(~~J COPIES Sidney Fuke (See Instructions in Sa ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? ~_L~ If please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? all b. Into what lot sizes? 1+ and 3+ ac. c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? immediately d. Do you intend to build houses on Che newly created lots? yes If please answer the following questions: On how many of those lots? on@ At what approximate price range? House Lot Total X000 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 year 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? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think [hat your request and ycur further plans for the land will alleviate the local housing situation? Yes How? By making an additional farm lot available, it should increase the overall inventory of available lots in the area. 4. Are there any buildings on the subject area? Yes If so, what kind? One single-famaly dwelling~un3~r construction) On_ quoaset but used for storage. One temporary dwelling (quonset). What do you intend to do with those buildings if your request is approved? -The agricultural storage building will be retained. 'Elie ether will be removed upon completion of thed*aelling. 5. Is the subject land currently being used for any agricultural activity? y~ If so, please list the kinds of products grown and on how many square feet or acres of land per product. Mango, coffee, lychee, peach palm and white pineapple crops are planted over approximately 4 acres of land. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? Yes What kinds of commodity? Yep b. Suitablility of the proposed lot-size for that commodity? Yes c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes This would be more suitable for backyard or supplemental income farming. -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Nn Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. Please refer to planning and/or environmental report. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? N~ If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? N~ If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x c. Sewer x d. Drainage x -3- Yes No e. Police Protection x f. Fire Protection g. Recreational Facilities x h. Public Utilities g i. Other x •For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~J.-C/ ~ i~/~ ~ ? ~""~~~3~ Address: //a ~ ~ ~ ~ LC'~,~:~ct.wc,- Telephone: ( o ~ ~ I~ ~ Date: ~ 7, f S" / -4- COUNTY ENVIRONMENTAL REPORT REZONING REQUEST (A-Sa to FA-la or A-la) GLENN & MELITTA HODSON KAPALAALAEA 2nd, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-7-07: 29 Prepared By Sidney Fuke, Planning Consultant January 1999 _ COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (Unplanned or A-Sa to A-la or FA-la) GLENN & MELITTA HODSON TAX MAP KEY: (3) 7-7-07: 29 KAPALAALAEA 2nd, NORTH KONA, HAWAII L INTRODUCTION The applicants, Glenn and Melitta Hodson, are requesting a 5.001 acre pazcel to be rezoned from Unplanned (U) or Agriculture (A-Sa) to either the Agriculture (A-la) or Family-Agriculture (FA-la) district in Kapalaalaea 2nd, North Kona, Hawaii. (See Figure 1) The property is located at the north end of Nohealani Street, a residential subdivision consisting essentially of 10,000+ squaze foot house and lots. Nohealani Street intersects with Walua Road, near the Kuakini Highway/Kamehameha III Road intersection. If approved, the applicants intend to subdivide the 5.001 acre parcel into two (2) lots, consisting of approximately 4 acres and 1 acre. The applicants plan to construct their home on the 1 acre lot and continue to cultivate their small-scale farm. The other lot would be sold to a person who would continue farnung the land. It should be noted that the original zoning of the site is Unplanned (U). With the adoption of the 1996 Zoning Code and the elimination of the Unplanned category, this designation became Agriculture-Sa. The applicants originally planned to apply for the Family-Agriculture (FA-la) district. However, in view of the Circuit Court's recent decision to void the Zoning Code which, among other measures, created ibis district, the applicants aze not sure what would be the applicable zoning category. As such, the applicants are requesting and have no objections to either category, whichever may be deemed applicable and/or appropriate by your office. II. PROJECT LOCATION The subject area is located immediately mauka of the Keauhou Uka Subdivision, a residential subdivision zoned RS-10 and consisting of essentially 10,000+ squaze foot lots. Nohealani Street serves as the principal street within this subdivision. At the end of this street, there is a 3-lot 5+ acre subdivision, with two lots (including the subject azea) having direct access to Nohealani Street. The remaining lot is a flag lot. (See Figure 2) Nohealani Street extends approximately 500 feet to the subject property from Walua Road. From this intersection, it is approximately .2 miles to the Kamehameha III and Kuakini Highway intersection. 1 A 8 C D . 9ygcolia.S a iy~ ~ zl-" _.y~ K~_P`oEEIpAK~A2~2VµsPa T-------- 9e 24 ~ ~n m ~ m z NA~~ ~ ~ro t~.yOy ~ SS I sti9 ~ HAI- ~ ~ 9 ~ See inset on ~ $il~1pJ1VIIIW ~ tS ~ n r ~ m' MAUK ,p , page 27 for 11 1 ~ ~ 9~ ? y areeil of this upset Dc. F °y ~ ~ . SET S v C r- 1 _ _ _ _ _ _ _ ~ _ _ W _ _ . _ _ VIRACE _ _ TER ~ ' i c~ € 2 ~ ~ ~ ~ ~ ~ KUAKINI m HEIGHTS y Pauline PI. AkonuDr. / h , ' ele PI _ _ _ M.._.._ _ _ _ _ ~ Kegw; PI. ' -Ainanant SL Emelai PI. i c°PS' Koena Wy. i s I m = ~^io,4o' ~--~oe~eWani St.' 9UB.TECT .4ITE 3 °JCEAUHOU i imm ~ UKAe y,D ~a 4 KAHALUU j minty FARM ~ _ _ ~ mf- m _ - - w 'm F m 1 w ~ ~ ~ ~ e4 m N ~ ' ' 3 rf ' ~ , 14 'i m Z~ ~ ~ ~ 4 ! _ ~ m ~ ~ ~Qa Walua Htl. , I , _ _ _.._.___.._._.._.______1._.._.._.._ 9 ! ~ KAHALUU BAY K^hj°a^^r k, 2 VIL~1S vp Y ~ ~ R ~~^°r p( ~ 20G KAHALUU 5 s 0 0\ o~ N~ KEAUHOU KEAUHOU s e~ ~ ~ HOUS FARAD LOTS i - - ~ ~ OJ, LOTS ) ; ~ m Mokuaikana O ~ (Donkey MIII ~ = Rand aMEr-ra-aEV:-_._... ~ _ _ _ I co. , GHOU ~ g SATES ~ 1 I s ~ iN _ , it , i j NKY ! 7 . M O Keluna St Maewlna;5t aoKau , KEAUHOU s SEE PAGE 25 i.c % ' ,_L._ _ Fi~~re l 0 0 1 I 1 I r I ""r ac \I, I NI TI el 1 I I ' A -I Ci I 1 TI in I 1 ^ a o - NGNaLLAHOa I te /a ,.. • X \ I Gialt. lJ' _ I MI6HNa. � ) ° i„ r T G O` uC� Ce t /I a., -% 5 . ` I22p .._. r v....`.' , a o 2 ,„,"'-7,:..- a 1 - V � + i ' I o Sa } n O rl p eT :4 _. + .,� y /n: "' 1�95Q a ' .•.Y 1 : SO=S ns. .,,,� ■ ^ I'/ ""7. 50 � ` ; I I s�� /. a r / �C °m k ^` - O �2 r---:,.; _.. • t ^ _ ti ® is o L/ � \ •,, v o. �� a _ �] 1 II \\_, ✓ \ \3 \ c)5.4... s.aen... VII l • -, = „eon. I t i - .,. n l. � J p� A A ..F — � � I ` 1 - lJ ^Y _% l I i i 1 h `lli ` ' l j " •, 111 . w ,_ I \ I �l 1 .� � o 7 ' __ -_ 1 ' 1 N 1, 1 i ,..5 \ _,:, l SUBJEC I , I ill I� 3o L. L I 1 i I : ) \ 1\ 1 . 3.,a, . -r. \ - 1 1 CI3 ' \ k Q C T 29 . •T.. o ° ...I a an, e, e..r., ;) I C b. ICI a � R \ \l t? J I I � TOew I Cl. ' ��1 1 _, •• III °` I NOeE ) S O ;.po... I7040 1 _a.c 21 �� S wa LUI \ .j e L U L � IziSr a.. ;..r v,.. �F� 4.,7 urHwr er _ / lV I y _ sane I � sas e 1 1 z t p I TAX M PS B .c' % i I N T/c„Ta I \ \I' � TAX MAYS E TAN CI HA /� I \\ a3 7 5. TAX m. _ L I I / ea. ............... H _ a zoHe � � , o Twx. SEC. .q sem, n -. ... 10R PLAT /Y I'e _ —, ... YROIRRTi 0.33ESSMEN! PVgpO� 7 7 ro C SUBJECT TO CHANGE I III. PROJECT DESCRIPTION A. Project Conceat and Comaonents Over the past four (4) yeazs, the applicants have cleazed and farmed the subject site. Presently, coffee, lychee, mango, peach palm, and white pineapple aze cultivated on the farm To assist with the farm, the applicants have hired one full-time employee. There is a storage shed on the site of the proposed 1-acre lot, which will be kept. The applicants are presently constructing a new dwelling on the proposed 4-acre lot, and there is another shed on that portion of the site. All existing agricultural structures will be retained and used in conjunction with the farm. Much as the applicants enjoy and draw income from this farm, their age regrettably compels them to cut back their operation. (See Exhibit A). As such, they wish to subdivide the property into two (2) lots, keeping the smaller lot. With the sale of the larger lot and the soon-to-be completed dwelling, they would be in a better financial and physical position to construct a smaller dwelling for them on the I-acre site and yet farm the land. It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. (See Figure 3) B. Project Timetable and Cost The applicant hopes to secure the necessazy County rezoning approvals as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by mid to late 1999. The estimated cost of improvements, if any, would be less than $5,000 for possibly a new water service lateral. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. Based on the size of the requested azea, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. 2 • -, CD • yy �- �_ ----- St s • CO I, • 1 < 1 IIl1 1 11/ �_� -.: ••. \ \.-.. Cii L • \'. 47-9 jj �(�� 2 � .. - .'1 A t \ l tt ` u Ill - < l ti m - 0 ` �yTj[tLiU �' 1 t� C • _� m o \ J ( 1 A CO -V > ok x : /^� \ `\\ y ` , ' `,l - {1 le,111° .7 --4 p. 1, Z ` \ 7c a z 0 0 0 1= 7-r m f 1 O O j y oo •� � • ` �ti \ ,'\ ' AI •I 'lea t1 e '- , `�\ \ -� � •, P7 N 1 D � 4 \ \ • 11 ,• (0D ....< -1 . / 0! . 9S °5Ll - , \ \: ,1._.\ _ li. t t - £Z ;1 IP 0 N _ \ 'i, =yll \ ;{}((jy ID `� l�i g ^ e .1 ,'\ 2% . \ � \ l. -. 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O • O P \ 3 • � ' = il ' lo I n i 0. N c a , D Q . o o TRUE NORTH ingio> 0 D 1 m r o D r► SCALE 1 W. -100 FT. j m • i ce - ag N N • -* a 5x 7. W o,00 .:•' m O v fD � O01.8 p OD CO c7- . � n A A \ I N As the rezoning process requires metes and bounds description and the lot lines aze not fixed at this point, the applicants elected to go with the 1-acre zoning. This zoning would give the applicants the needed flexibility to accommodate their land use plans and any technical requirements of the Subdivision Code. E. Other Permittin¢ Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted eazlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site ranges between 640 to 700 feet above mean sea level. The mean annual rainfall in this area ranges between 20 and 45 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The entire pazcel is generally rectangular in shape, with the narrow portion fronting Nohealani Street. The site has three structures on it. Two are storage sheds (one with a restroom), and the other is a dwelling under construction. Approximately 3-4 acres are presently cultivated with coffee, white pineapple, citrus, lychee, mango, and peach palm. B. Soils and Toao¢ranhv The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope from the top of the property to Nohealani Street. 4 The US Department of Agriculture Soil Conservation Service Soil Survey Report classifies the soil to be of the Punaluu muck (124 D) series. This type of soil is typically found on the west and southwest slopes on the undissected uplands of Mauna Loa and Hualalai Volcanoes. The pazent material is organic matter mixed with minor amounts of volcanic ash over pahoehoe lava. It is moderately well to well drained, and permeability is moderately rapid to rapid. Its erosion hazard is slight. This type of land is typically used for grazing. The Land Studv Bureau Overall Master Productivity Rating_ for the subject area is essentially Aa (E268). This type has very little or no soil material. Permeability is excessively well drained, runoff is slow, and the erosion hazazd slight for this soil type. It is unsuited for machine tillability. This type of soil is not typical for agricultural crops. It should be noted that the soils typically found in the coffee belt are of the Honuaulu Soil Series, which this site is not. Notwithstanding this fact, however, the land has some coffee trees planted on it. The State of Hawaii's Agricuhural Lands Of Importance to the State of Hawaii (ALISH) maps does not classify this site as being significant from an agricultural perspective. C. Natural Hazards 1. Draina¢e The US Corps of Engineers' Flood Insurance Rate Man (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. 2. Tsunami Hazard As the site is located over 2 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the 5 City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these azeas. The entire island of Hawaii falls within Earthquake Zone 3, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resowces of the site, the applicants do not believe that raze or endangered floral or faunal resources aze likely to be found within the subject site. The site has already been cleared in the past and actively cultivated as a farm. From a floral perspective, then, the site is dominated by alien species. These include coffee, lychee, citrus fruits, and the like. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Further, the cleared and urbaz>/rural nature of the surrounding area would make it less likely to find endangered animal life in the area. E. Historic/Archaeological Resources As the site has been cleared and actively farmed, no commissioned archaeological survey of the site was made. The clearing makes it less likely to find any archaeological features on the site. . Nonetheless, during the course of developing the subdivision or the site, should any unanticipated archaeological featwes or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. F. Water and Coastal Resources The subject site is located well over 2 miles from the coastline. As such, coastal impacts resulting from dischazge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. 6 Wastewater from the project will be serviced by sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool, septic tank or related system G. Noise, Air Quality, and Dust The Nohealani Street and Walua Road will serve as the major thoroughfare to this project. Walua Road eventually connects to the Kuakini Highway. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of thisproject, the noise level is not anticipated to increase significantly. There may, however, be short term noise impacts associated with the construction of the infrastructure (such as a water service lateral) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air uali impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one additional unit. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. H. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona azea. The most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the azea. The site is located more on the lower end of Hualalal Mountain, and the normal residential height should not detract from the mountain. 7 VL SOCIAL AND RELATED CONSIDERATIONS A. Surroundin¢ Land Uses The land use in this area is generally rural in nature. There are some small family-type farms and cattle grazing on properties mauka and to the immediate • north and south of subject site. Those properties are zoned (under the pre 1996 Zoning Code) A-la and Unplanned. Properties makai and adjacent to the site are zoned RS-10. Theseare part of two residential subdivisions. There are also a number of residential lots with the residential (RS-10) zoning along Walua Road. In a sense then, the subject site is "sandwiched" between A-la and RS-10 zonings, with the north and south areas zoned Unplanned. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural-residential pattern of this area. B. Economic Imuacts The requested zoning would have some measure of economic impact, as it would make a fee simple lot with coffee and other crops more intensively utilized. Under the present condition, portions of the farm would have to be abandoned, thus not helping the agricultural industry. Further, there will be some small short-term construction activity. And this, could help with the area's economy. C. A¢riculturalImoacts As noted earlier, the site has been used agriculturally. Its continued and more intensive use, however, would be predicated upon the applicants' ability to subdivide the property. The applicants' proposal would thus help foster the agricultural objectives by making agood-sized agricultural lot with crops available to a potential farmer. 8 VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Immediate access to the project would be via Nohealani Street. This County- owned road has aright-of--way of fifty (50) feet with a pavement width of 20+ feet. There aze aiso improved shoulders on this street. Walua Road has a varying right-of--way of 30-40 feet. In this area and towazds the Kuakini Highway/Kamehameha III intersection, the road pavement for the most part is at least 16 feet wide. There are a feiy sections that have widths of less than 16 feet. In these areas, however, there is enough shoulder room to accommodate two-way traffic. The applicants propose to have both lots get access from the private 10+ foot wide concrete driveway. Should this not be allowed, then, one of the lots would get its legal access directly off of Nohealani Street. B. Water There is an 8-inch County water line fronting the property along Nohealani Street. The applicants presently are serviced by a 1-inch meter. Tentative plans call for the 1-acre lot to be serviced by an association meter which presently services the three 5-acre lots. Depending on the exact elevation of the property, however, the proposed 1- acre lot may need an elevation agreement. C. Wastewater . There is no Coumy wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be allowed. This will be done by the applicants when they construct their dwelling on the 1-acre lot. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations.. With the requested FA-la or A-la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. 9 E. Other Government Services As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located in Keauhou Mauka, less than 2 miles from the site. There is also the Kailua Station located approximately five (5) miles away. The Police Station is located at Kealakehe, approximately six (6) miles • from the subject site Elementary schools aze available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately five (5) miles away. County pazks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and eiectrical services aze available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lone-Term Productivity If the request were denied, the short term use of the site would probably continue in agriculture. However, as the area is too large for the applicants, the agricultural use of most of the property would probably be abandoned and only about 1 acre would remain cultivated. Given the residential character of the makai properties, there may be pressures for the subject property to be similazly urbanized or used as a large-lot gentleman estate. And from an agricultural perspective, a residential subdivision may not be the most feasible use of the site. From a long term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in continuing the agricultural use of the land. 10 B. Irreversible and Irretrievable Commitmeut of Resources The subject site is already disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. Although the soil on the parcel has been classified "E" or very poor by the Land Study Bureau, its current agricultural use suggest otherwise. The site . does have agricultural poternial. It is thus azgued that the creation of the 2-lot subdivision should help foster and not remove this land from its current and more intensive future agricultural potential. C. Miti¢ative Measures The applicant intends to make improvements, if necessary, to be consistent with the subdivision process. And if construction is required, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated azchaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work has been done, and the balance of the work will be done by hand and limited farm tools. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proaosed Project. 1. No Project Under the status quo alternative, the site will continue to be farmed for the short term. However, as the site is too large for the applicants, the farm will be cut back significantly. This in tum will de facto remove a potentially agriculturally productive area from the area's economy. The site could also be sold to one who may be interested in farming the site. However, it would be equally possible to have the land sold at market price to a "gentleman fanner." 11 Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential. 2. Alternative Density Under this alternative, the applicant could seek a rural (RA-. Sa) or even RS-10 zoning. Either zoning would arguably be consistent with the adjoining RS-10 zoning, Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or coffee farming in this area. 3. Evaluation of Alternatives The project's impacts to the azea's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will betaken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-la or A-la alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Man The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Extensive Agriculture. This designation allows the requested FA-la or A-la zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. 12 For one, it may provide limited short-term economic opportunities largely through the construction of any improvements requved for the subdivision. More importantly, however, longer-term opportunities would be created lazgely in the form of small-scale truck crops or coffee farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or • encouragement of solaz energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) azeas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehiculaz transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepazed and implemented. The project will also not be a noisy one, except as may be associated with the farming operations. Any noise-generating facility -such as air conditioners -would be cazefiilly placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a coffee processing plants, as it would be more economical to send the products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed in a manner to protect the property as well as to m;n;m;~e the volume of surface runoff generated by this development. The site does not appear to have historic sites. It has already been extensively cleared and actively cultivated into a farm. Nonetheless, work will cease if unanticipated azchaeological remains are discovered while continuing its farming operations. Work will resume only after proper clearances from the State and/or County have been received. Being under cultivation, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. 13 As the FA-la or A-la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating an additional lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been used in a manner where it blends with the existing terrain. As the project site is more than two (2) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of cesspools or.aeptic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than five (5) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale 14 rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Extensive Agriculture designation of the LUPAG map. It would also be generally compatible with the surrounding area. There are many lots less than 1-acre adjacent and makai of the subject site. There are A-la zonings mauka of the area. Although the soil of the site is classified "E" or very poor by the Land Study Bureau, its current agricultural use suggests some measure of agricultural value. This request should thus encourage more intensive agricultural activities on the site. This lot size would be conducive to not only the applicant's needs but make another lot available to one who wishes to pursue possible backyard or more intensive full-time agricultural activities. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zonin¢ and Subdivision The designated zoning of the site is "Ag-Sa." Should the FA-la or A-la zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. D. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law will be adhered to. 15 REASONS FOR WANTING TO SUBDIVIDE 5 ACRE PARCEL: We retired to Honolulu from California in 1980 and lived there happily for some ten years. During these years we frequently visited Kona on the Big Island and started dreaming about farming a small piece of land. We found an ideal property consisting of five acres of undeveloped land just above Queen's Hiway in Keauhou and bought it. Four years after planting coffee, lychee, mango, peach palm and white pineapple we had our 2~ harvest. We love the place but find it too much work for the two of us and we have to hire help. Unfortunately the harvest does not even pay for the help. We love where we are and what we are doing. We are in excellent health and enjoy working the land and we are convinced we could handle one acre just fine. We have planted this acre in white pineapple, lychee and some citrus. We would like to remain right here on this small farm close to town with our dog and cat, but this will only be possible if we can subdivide and dispose of the four acres we are unable to farm. Respectfully, J G n Hodson / Lt~7b 'tta o December 18, 1998 EXHIBIT A PETITION TO THE COUNTY PLANNING COMMISSION MEETING: FRIDAY, MAY 7, 1999 Subject: REZONING APPLICATION (REZ 00-007) TMK: 7-7-7:29 APPLICANT -GLEN & MELITTA HODSON The subject property lies immediately mauka of Nohealani Street that is the principal street in the small subdivision Keauhou Uka. Because Walua Road, the feeder street to Nohealani Street, is substandard, creation of this subdivision was in violation of the County Code on subdivisions. But let's not continue past violations. Approval of the this application would subject the Keauhou Uka residents to further noise and increased traffic. Nohealani Street is quite steep and the narrow Walua Road with blind corners is already hazardous. Higher traffic would aggravate the marginal safety of residents living on Nohealani and Walua. There are no sidewalks on either Nohealani or Walua -nor is there a nearby park. Consequently, children walk to their bus (pickup is on Kuakini), skateboard and play on these streets. Because deciding on this application appears to be a choice between profits and safety of children, the undersigned oppose this re-zoning. name (print) signature dat J~7- 3~f~ fY~,l1 ~ 1~ ; ST - Ic I~ . ~ < c7 'l ~t a address 2.~,QA C7o 1~~c- S 9 name (print) ignature date ~7 /YD.~~i0L~r1,U/ ST /7iq/LL.I~- ~f"~JNo9, /~.z ~~~~b address ~ ~ ~ _ J77~¢ c x~a PETITION TO THE COUNTY PLANNING COMMISSION MEETING: FRIDAY, MAY 7, 1999 Subject: REZONING APPLICATION (REZ 00-007) TMK: 7-7-7:29 APPLICANT -GLEN & MELITTA HODSON WE THE UNDERSIGNED RESIDENTS NEAR THE SUBJECT PROPERTY ARE UNABLE TO ATTEND THIS MEETING OF THE COUNTY PLANNING COMMISSION_ HOWEVER, WE RESPECTFULLY ASK THE COMNMISSIONERS TO CONSIDER OUR VIEWS AND HAVE OUR POSITION ENTERED INTO THE RECORD OF THIS MEETING_ WE APPRECIATE THE DESIRE OF THE APPLICANTS TO REDUCE THE SIZE OF THEIR PROPERTY FOR WHICH THEY WOULD BE RESPONSIBLE TO MAINTAIN_ HOWEVER, THE APPLICANT KNEW FULL WELL EXACTLY WHAT THE SIZE OF THE PROPERTY WAS, ITS RESTRICTIONS, AND THE ZONING_ APPROVAL OF THIS REZONING APPLICATION WOULD SET AN UNACCEPTABLE PREGEDEN r .OTHER PROPERTY OWNERS OF THE ADJACENT LARGE PARCELS ALSO WOULD BE TEMPTED SUBDIVID~OF COURSE THIS WOULD ALLOW THE PROPERTY OWNERS TO REALIZE A SUBSTANTIAL PROFIT AT THE EXPENSE OF THE KEAUHOU UKA SUBDIVISION RESIDENTS WHO WOULD BE IMPACTED BY GREATLY INCREASED TRAFFIC_ NOHEALANI ST_ IS QUITE STEEP AND THE HIGHER TRAFFIC LEVELS WOULD AGGRAVATE THE MARGINAL SAFETY OF RESIDENTS AND THEIR CHILDREN. THEREFORE, 7HE UNDERSIGNED ARE OPPOSED TO THIS APPLICATION. 1../~~ ~ 5~,~; , ~ ~ - - 9y name (print) si/gnature date address. name (print) ` signature date address 3. name (print) signature date address PETITION TO THE COUNTY PLANNING COMMISSION MEETING: FRIDAY, MAY 7, 1999 Subject: REZONING APPLICATION (REZ 00-007) TMK: 7-7-7:29 APPLICANT -GLEN & MELITTA HODSON WE THE UNDERSIGNED RESIDENTS NEAR THE SUBJECT PROPERTY ARE UNABLE TO ATTEND THIS MEETING OF THE COUNTY PLANNING COMMISSION. HOWEVER, WE RESPECTFULLY ASK THE COMNMISSIONERS TO CONSIDER OUR VIEWS AND HAVE OUR POSITION ENTERED INTO THE RECORD OF THIS MEETING. WE APPRECIATE THE DESIRE OF THE APPLICANTS TO REDUCE THE SIZE OF THf'~IR PROPERTY FOR WHICH THEY WOULD BE RESPONSIBLE TO MAINTAIN. APPARENTLY THEY HAVE DECIDED NOT TO DEVELOP A PLANT NURSERY FOR WHICH, WE WERE TOLD, THEY ORIGINALLY PURCHASED THE PROPERTY. THE DEVELOPMENT THE APPLICANTS HAVE DONE IS QUITE BEAUTIFUL. DURING THIS PROCESS, WE NEIGHBORS HAVE BEEN SUBJECTED TO A GREAT DEAL OF NOISE ON NOHEALANI STREET FROM HEAVY EQUIPMENT AND CONSTRUCTION MATERIALS TRUCKS MOVING UP AND DOWN THE STEEP SLOPE OF NOHEALANI STREET. WE HAD HOPED THAT WITH COMPLETION OF THE HOUSE AND GRADING FOR THE GARDENS THAT OUR NEIGHBORHOOD WOULD BE RESTORED TO ITS PAST QUIET FOR US TO ENJOY. APPROVAL OF THIS REZONING APPLICATION WOULD ALLOW THE APPLICANTS TO REALIZE A PROFIT AT THE EXPENSE OF THE KEAUHOU UKA SUBDIVISION RESIDENTS WHO WOULD BE IMPACTED BY FURTHER NOISE OF CONSTRUCTION VEHICLES. THEREFORE, THE UNDERSIGNED ARE OPPOSED TO THIS APPLICATION. ti~~~ name (print) sign ture date 77- t,~~a3 Nc 1-e...J~~ f ~C~.~ K ~e,.a` address name (print) ignature ~ date address PETITION TO THE COUNTY PLANNING COMMISSION MEETING: FRIDAY, MAY 7, 1999 Subject: REZONING APPLICATION (REZ 00-007) TMK: 7-7-7:29 APPLICANT -GLEN & MELITTA HODSON WE THE UNDERSIGNED RESIDENTS NEAR THE SUBJECT PROPERTY ARE UNABLE TO ATTEND THIS MEETING OF THE COUNTY PLANNING COMMISSION. HOWEVER, WE RESPECTFULLY ASK THE COMNMISSIONERS TO CONSIDER OUR VIEWS AND HAVE OUR POSITION ENTERED INTO THE RECORD OF THIS MEETING. WE APPRECIATE THE DESIRE OF THE APPLICANTS TO REDUCE THE SIZE OF THEIR PROPERTY FOR WHICH THEY WOULD BE RESPONSIBLE TO MAINTAIN. HOWEVER, THE APPLICANT KNEW FULL WELL EXACTLY THE SIZE O~ THE PROPERTY, ITS RESTRICTIONS, AND THE ZONING WHEN THEY PURCHASED IT. APPROVAL OF THIS REZONING APPLICATION WOULD SET AN UNACCEPTABLE PRECEDENT=_ . OTHER PROPERTY OWNERS OF THE ADJACENT LARGE PARCELS ALSO WOULD BE TEMPTED SUBDIVIDE OF COURSE THIS WOULD ALLOW THE PROPERTY OWNERS TO REALIZE A SUBSTANTIAL PROFIT AT THE EXPENSE OF THE KEAUHOU UKA SUBDIVISION RESIDENTS WHO WOULD BE IMPACTED BY GREATLY INCREASED TRAFFIC. NOHEALANI ST. IS QUITE STEEP AND THE FEEDER STREET, WALUA ROAD, IS ALREADY HAZARDOUS. HIGHER TRAFFIC LEVELS WOULD AGGRAVATE THE MARGINAL SAFETY OF RESIDENTS AND THEIR CHILDREN. THERE ARE NO SIDEWALKS ON EITHER NOHEALANI OR WALUA. NOR IS THERE A NEARBY PARK -CONSEQUENTLY, THE CHILDREN WALK AND RETURN FROM SCHOOL, SKATEBOARD AND PLAY IN THE STREET. THIS APPEARS TO BE A CHOICE BETWEEN PROFITS AND SAFETY OF CHILDREN. THEREFORE, THE UNDERSIGNED ARE OPPOSED TO THIS APPLICATION. name (print) signature ate • ~ y nl D/,~E'~-~A/l .S'~ /<q.f uwR - /4 X00. l.,~ " ~ 7 ~1 d address 2.J~ 1 ~ !X U,MY~N/,- c ~ S_3-99 name (print) signature date 7~-399 /?otiesl~.~.; S~; l~Ri~ia -~o~vA Q~o~yd address SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hib, Hawaii 96720 • Plamh9 • Variance • Zamg Telephone: (808) 969.1522 • Fax: (808) 969.7996 ' Subdiuiagn • larxl use Pennils • Emnenmenlal Repels Apri130, 1999 '4q ~ 'j~ F3~ 7 t37 j, ' Ms. Virginia Goldstein, Director Cvui;. ~ ;i,",;;;.;; Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Deaz Ms. Goldstein: Subject: Rezoning Application (REZ 99-007) Melitta and Glenn Hodson, TMK: 7-7-7: 29 This is in response to the Department of Water Supply's comments of Apri128, 1999 regazding the subject application. I have been in contact with Bruce McClure of the Department of Water Supply and have communicated the Department's requirements with the applicants. We have also explored options to address the Department's requirements, and these options will be exercised prior to or in conjunction with the subdivision review process. The applicants aze thus awaze ofthe various requirements such as the water commitment fee and facilities chazge, elevation agreement, and fire flow system for lots on zoned properties that are 1-acre or less. These will be addressed, as noted above, in conjunction with the subdivision review process. Please feel free to contact me if you have further questions on this matter. Thank you very much. S~c~rely, VU vv ~--t/ SIDNEY FUKE - Planning Consultant cc Bruce McClure, Department of Water Supply Glenn &Melitta Hodson via FAX Q~uJ1s