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HomeMy WebLinkAboutCOM 0344.000 1998-2000 tY M ~c William G. Davis Mawging Director Stephen K. Yamashiro 1. Mayor Henry Cho Depufy Managing Director ~IIllil<fk? II~ ~2I~Mit 25 Aupuni S[reet, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 ~j KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 n CG (808) 329-5226 • Fax (808) 326-5663 L] ~ C CO Z ~c ~ o ~ n~ June 21, 1999 3 ~ ' c~ ~ N Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-004) Request: Agricultural to Rural Change of Zone Application (REZ 99-012) Request: A-Sa to RA-2a Applicant: Scott T. Nakahara and Susan Fujie Shimabuku Nakahaza Tax Map Key: 6-2-9:10 Change of Zone Ordinance No. 684, (As Amended by Ordinances No. 90-83 and 95-12) (REZ 388) Applicant: Lanihau Partners, L.P. Request: Deletion of Condition E Tax Map Key: 7-5-04:7, 55 & 56 Change of Zone Application (REZ 99-006) Applicant: Queen Liliuokalani Trust Request: A-la and A-Sato CG-10 Tax Map Key: 7-4-08:63 Amend Hawaii County Code Section 23-60 of Chapter 23 (Subdivision Code) Initiator: Planning Director ~ Ap~3lication Fees for Subdivision Plans Comm. No• "7" Ftile No. Z I`~ G ~KF~ (3~/~ 9~ lar Ref. ~'o: Ref. Date ~FN 2 3 taaot Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 June 21, 1999 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. erel ~ Stephen K. Yamashiro Mayor L060499.MAY Enclosures cc: Planning Department Mi'~,Of y'•;1 G Stephen K. Yamashiro ~ Mayor • i` ~~Oi~N~~ (~uixixtg ix~ tfix~ii PLANNING COMMISSION 25 Aupani Stroet, Room 109 • Irilq H~r~ii %720-4252 (808) %18288 Fu (808) %1•%IS ~ L z~ _ ~ 'JUN 2 1 1999 ~ ~ i ~ w i1 Li Honorable James Y. Arakaki, Chairman ~ w and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-004) Request: Agricultural to Rural Change of Zone Application (REZ 99-012) Request: A-Sa to RA-2a Applicant: Scott T. Nakahara and Susan Fujie Shimabuku Nakahara Tax Map Key: 6-2-9:10 The Planning Commission, after a duly held public hearing on June 4, 1999, voted to recommend for your approval the proposed legislative bills for approximately 5.588 acres of land for a State Land Use Boundary Amendment from the Agricultural to the Rural District and a Change of Zone to change the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a). The property is located in Kanehoa Subdivision on the south side of Ouli Street and approximately 1,400 feet southeast of its intersection with Kawaihae Road, Ouli, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the State Land Use Boundary Amendment and Change of Zone: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundazies: (1) Areas consisting of small farms; provided that the azeas need not be included in this district if their inclusion will alter the general chazacteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms aze intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other pazcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. Surrounding lands are County zoned A-Sa and A-3a, and within the State Land Use Agricultural district. Surrounding lands to the Kanehoa Subdivision include the vacant State-owned lands to the south and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, located immediately to the east and zoned A-Sa; Anekona Estates Subdivision, a 36-lot subdivision, located to the west and zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road to the northeast and zoned A-3a. These subdivisions include single-family residential and agricultural uses and vacant lands. From October 1996 the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District and Change of Zone requests from A-Sa to RA-2a for six 5-acre parcels within the adjacent Kamuela Plantations Subdivision, Anekona Estates and Kanehoa Subdivision. These subdivisions include various single-family residential and agricultural uses. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for similar agricultural land uses and uses that are compatible to the Rural designation. The applicants have stated that the 5.588 acres will be subdivided into two residential\agricultural lots. Thus, the requested boundazy amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards aze set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zone urban- and rural- types of uses in azeas with ease of access to community services and employment centers and with adequate public utilities and facilities. * Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed Rural boundary amendment request would also complement the following goals, policies and standards of the Housing and Single Family Residential Elements of the General Plan. HOUSING * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Maintain a housing supply which allows a variety of choice. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. * Improve and maintain the quality and affordability of the existing housing stock. * Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. * Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. * The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. * The County shall protect residential property values from depreciating influences. SINGLE-FAMILY RESIDENTIAL * To maximize choices of single-family residential lots and/or housing for residents of the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 * To ensure compatible uses within and adjacent to single-family residential zoned areas. * To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. * The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. * Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these aeeas shall be developed. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Extensive Agricultural The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. This request would allow a rural development Residential and Agricultural uses. Based on the above findings, including the General Plan's goals and policies, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is off Kanehoa Street which has aright-of-way width of 50 feet with approximately 20 feet wide agricultural standard pavement. Kanehoa Subdivision has two accesses from Kawaihae Street, one access point ('Ouli Street) serves 161ots and the other access (Kanehoa Street) serves the remaining 10 lots. Kanehoa Street also connects into Anekona Estates Subdivision which has one access point (Anekona Street) from Kawaihae Road. Water is provided by a 6-inch County water line which fronts the project site. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be required to dispose wastewater into a septic tank system. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). While the subject property is within the State Land Use Agricultural and County's Agricultural-Sa zoned districts, it is not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. The surrounding properties are also in the County's Agricultural-Sa, Agricultural-3a, and Residential and Agricultural-2a zoned districts, and State Land Use Agricultural and Rural districts. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties in view of the surrounding properties and permissible uses. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (5) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (6) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment to the Rural District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Change of Zone In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone Application from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acre (RA-2a) zoned district will conform to the following goals, policies and standazds of the General Plan Land Use, Economic, and Agricultural Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standazds and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards aze set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. ECONOMIC * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 The applicants are proposing to create a two lot subdivision using a lot off of Kanehoa Street and a flag lot adjacent to Keanuiomano Stream for residential/ agricultural purposes. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Extensive Agricultural. However, the Kanehoa Subdivision as well as the adjacent subdivisions are a mixture of residences and limited agricultural activities. Therefore, it is determined that the request is consistent with the rural low-density development form depicted on the LUPAG Map for this area of South Kohala. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Department of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Surrounding parcels are zoned A-Sa, A-3a, and RA-2a and within the State Land Use Agricultural and Rural districts. Surrounding lands to the Kanehoa Subdivision include the vacant State-owned lands to the south and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, located immediately to the east and zoned A-Sa; Anekona Estates Subdivision, a 36-lot subdivision, located to the west and zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road to the northeast and zoned A-3a. These subdivisions include single-family residential and agricultural uses and vacant lands. From Oc[ober 1996 the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District and Change of Zone requests from A-Sa to RA-2a for six 5-acre parcels within [he adjacent Kamuela Plantations Subdivision, Anekona Estates and Kanehoa Subdivision. Therefore, a favorable recommendation of this change of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 zone request will be consistent with the surrounding land use pattern already established within this portion of South Kohala. Access to the subject property is provided by Kanehoa Street, atwo-lane private roadway, which has an agricultural standazd pavement width of 20 feet within a 50 feet right-of-way. Kanehoa Subdivision has two accesses from Kawaihae Road, one access point ('Ouli Street) serves 16 lots and the other access (Kanehoa Street) serves the remaining 10 lots. Kanehoa Street also connects into Anekona Estates Subdivision which has one access point (Anekona Street) from Kawaihae Road. The Department of Transportation has indicated that roadway improvements to Kawaihae Road is essential since similaz changes of zone may occur throughout the Kanehoa Subdivision and the creation of additional homesites placing additional traffic burdens on the roadway. Conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the fair share contribution towards roads. Water for the proposed subdivision development will be provided by the existing 6-inch line. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be required to dispose wastewater into septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the subject property and surrounding areas have been extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X, an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, amendments [o State Land Use Boundaries Map H-25 for the County of Hawaii and Section 25-8-7, the North and South Kohala Districts Zone Map, of the County Zoning Code are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 We are enclosing copies of the applications and a copy of the staff background for your information. Sincerely, Leonard S. Tanaka, Chairman Planning Commission LNakah02.PC Enclosures cc: Mr. Gregory R. Mooers Mr. Scott T. Nakahara Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu State Land Use Commission i HNata601.emm-05/07/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGRO RF.PnRT SCOTT AND SUSAN NAKAHARA STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-004) ~HANGF. OF PPi I ATION F7 99-012) SCOTT AND SUSAN NAKAHARA have submitted applications for a State Land Use Boundary Amendrnern from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and .~ricultural (RA-2a), for approximately 5.588 acres of Lmd. The property is located in the Kanehoa Subdivision on the south side of Ouli Street and approximately 1,400 feet southeast of its intersection with Kawaihae Road, Ouli, South Kohaht, Hawaii, TMK: 6-2-9:10. 1. Land Ownership: Scott Takeshi Nakahata and Susan Fujie Shimabuku Nakahara are the owners of the subject property. 2. Reqaest: The applic~ts are proposing to change the existing Agricultural land use designation to Rural and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a), for approximately 5.588 acres of Lud. 3. Objectlrves: "The applicant is proposing to create a two lot subdivision using a lot of off Kanehoa Drive and a flag lot on Keamriomano Stream. "The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. "Both of these lots are presently undeveloped. "The applicams intend to build their home on one of the lots and market the other lot." , 4. Sapportive Information: The applica~s have submitted the following in support of the request: (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications dated Aprfl 5, 1999) z S"I'ATE A_xD coin~rl'v PL.AxS s. SLU: Agricultural. 6. Hawaii State Plan Consistency: Economy, Socio-Ctiiltural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South I{ohaht. 8. General Plan Land Use Pattern Alloca$on Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 9. County Zouiog: The property is currently zoned Agricultural-s acre (A_sa). 10. SMA: The property is not situated within the Special Management Area. 11. Property: The subject property has a total area of s.s88 acres. The property is rectangular shaped sod is presently undeveloped. 12. Surrounding Zoning/I.and Uses: Sorrounding lands to the I{anehoa Subdivision includes the vacant State-owned lands to the south and zoned A-sa; I{amueht PLuuations, a 10-lot subdivision, loc~tul immediately to the east and zoned A-sa; Anekona Estates Subdivision, a 36-lot subdivision, located to the west and zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, located across the Kawaihae Road to the northeast and zoned A3a. These subdivisions include single-family residential and agricultural uses and vacant lands. From October 1996 the County Council approved State Land Use Boundary Amendments from an Agricultural to Rural District and Change of Zone requests from A-sa to RA-2a for six s-acre parcels within the adjacent Kamuela Plantations Subdivision, Anekona Estates and I{anehoa Subdivision. 13: Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to~the State of Hawaii (ALISH) Map: , 14. Land Study Bmrau's Detailed Land Classification System: Soils within the subject . property are class5ad as "E" (Very Poor).. _ -2_ t 4 15. U.S. So~1 Survey: The soils are classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. This surface layer is very dark brown extremely stogy very fine sandy loam about 6 inches thick. The next layer is dazk-brown and dazk, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils aze used for pasture. 16. FIRM: The subject property is located within Zone X, azea determined to be outside the 500-yeaz flood plain. 17. Flora/Fama Resources: Accordimg to the applicants' environmental report, the natural vegetation occurring on the property consists of bermudagrass, swollen fmgergrass, Lurtana, ilima and callus. No native fauna was observed on the site. Common animal species in the area include field mice and mongoose. There aze no known or recorded rare or endangered animal or plant life in the azea. 18. Archaeological Resources: According to the applicants' environmenW report, no historic or archaeological sites were present on the parcel. The property has been previously graded extensively and used for cattle grazing. Therefore, the proposed action will not have any effect on sigaifirant historic sites. Nevertheless, a condition will be included to require the notification of the Department of Land and Natural Resources-Historic Preservation Division should a~+ archaeological sites be encountered during the course of development.. P[_iRL•IG 1TR,i'ITR cF.RVICFC 19. Access: Access to the subject property is off Sanehoa Street which has aright-of-way width of 50 fed with a 20-foot agriailpual standazd pavement. Kanehoa Subdivision . has two accesses from Kawaihae Road, one access point ('t)uli Sued) serves 161ots , and the other access (Kanehoa Sired) serves the remaining 10 lots. 1{anehoa Stred _ - _ - also cotes into Anekona Estates Subdivision which has one access point (Anekona . . Sired) from Kawaihae Road. - ' 1 _g_ 20. Water: Water is provided by an existing 6-inch waterline that fronts the subject ProP~Y• 21. Wastewater; There is ~ ~rnicipal sewer system in the area. The applicants would dispose of wastewater through individual wastewater treatment systems. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be required to dispose wastewater i~o septic tart system. 22. Utilities: Elaxrical and telephoce service are or will be made available to the PreP~Y• ~ AGENCIES' COIVIlYIENTS 23. Depsrtmmt d Public Works (April 20,1999 Memo): "We have reviewed the subject application and offer the following comments: 1. Bw1diag shall codorm to all requirements of code and statutes pertaining to bur7ding conshvction. 2. All developmem generated nmoff shall be disposed of on site and shall not be directed toward a~ adjacent properties. 3. All paling and grubbing activities shall comply with Chapter 10 of the Hawaii Cody Code.- 4. _ The rea portion of the parcel lies within a drainage easement." . 24. Police Deparbnent (Apn123, 1999 Memo): "Staff has reviewed the above-referenood applications and found no adverse effect to Public safety err traffic impact created by the proposed action." 25. Fire Department (April 22,1999 Memo): "We have m comments on the above-rEferenced State Land Use Boundary Amtndment - and Change~Z.one Applications." - . _ - ; 26. Department d Land and Nstm~al Renonrces - 7.and Division (May 4, 1999 Letter): . : - "We have reviewed the subject application and have no comments to offer regarding the matter: - - "Thank yon i6r the opporwnity w review this application." . -4- 27. Department of Land and Natural Resources -1sstoric Preservation Division (May 11, 1999 Letter): "This is in reply to your Memorandum of April 15, 1999 with a request for our comments on the subject applicatwm. "The application notes that the subject parcel, which is located in the I{anehoa Subdivision in the lands of Ouli, was graded in the past and subsequently used for • cattle pasture. Based on this information and a review of the color photographs included in the application, we believe that it is unlikely that any significant historic sites would be found on this property. We thus believe that the proposed action will have 'no effect' on significant historic sites." 28. Department of Health (April 23,1999 Memo):. ` "The subject lots are located in a Critical Wastewater Disposal Area restricting the use of cesspools for lot sizes less than five acres. Aseptic tank system would be required for wastewater disposal,' Applicant's Response (May 11,1999 Letter): "Your letter of May 7, 1999, hansmitted to me the comments from the Department .of - Health pertaining to the applications identified above. I have reviewed these comments with the applica~s and we agrec to comply with this requirement for the use of a septic tank system for the disposal of wastewater.' 29. Land Use Commission (April 26,1999 Letter): 'We have reviewed tbe subject applicsitions forwarded by your transmittal dated April 15; 1999, a~ confirm that the subjecx parcel is designated within the State Land Use Agricultural Districx. "We have no further comme~ to offer at this time. We appreciate the opportunity to cwmment on the subject app&c~iions. 30. Department of Water Supply: (See Fahibit B -May 12, 1999 Memo and Applicant's Response -May 17,1999 Letter) 31: - Deparmmt of Transportation: (See EsW'bit C -May 18, 1999 Letter) AGENCIES - NO ir. NCF. - 32. Department of Penance-Real Properly Taz, Mauna gea Soil and Water Conservation District, and Department of Agriculture. _5_ PUBLIC CObIl~ffiVTS 33. The Deparoment has not received any objections from the general public or adjacent landowners on the subject applications. -6- . ~ ~ COUNTY OF HAWAII • PLANNING DEPARTMENT , ~ CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) ~ ' , . APPLICANT: Scott T. Nakahara anAd Susan~F~uj/ie Shimabulcu~jNa~kahara ~ • APPLICANT'S SIGNATURE: s//re~.~/[,41.vc+~ ~/(9lC DATE: April 5, 1999 ADDRESS: P•o. Box 235 Honokaa, Hawaii 96727 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRII~TCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Btts.) 775-7794 (Res.) 776-1440 (Fax) 77s-7294 LANDOWNER(S): a Na ara and Susan Fu ie Shi buku ..ANDOWNER SIGNATURE(S): G^' DATE: April s. 1999 (May be by le[[er) rANDOWNER(S) ADDRESS: P.o. Box 235 Honokaa, Hawaii 96727 ~Q~$•j'; Agricultural 5-acre (A-Sa) TG Residential-Agricultural 2-acre (RA-2a) (Existing mninp~ (Proposed Zoning) CAX MAP KEY: 6-2- : io iTREET ADDRESS OF PROPERTY: Ranehoa Drive, Ouli, South Kohala, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.588 acres 1GENT: Gregory R. Mooers Mooers Enterprises ~DDRES$: P.O. Box 1101 Kamuela, Hawaii 96743 ~ELEPHONE:(Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 lease indicate to whom original cotTespondence and copies should be sent. iRIGINAL: Mooers COPIES: Nakahara ~~1~~ A' ' • (See Instructions on Reverse Side) ATT Act~~:rr Agricultural Rezoning PLANNING DEPART`IENT COUNTY OF HASdAIl APPLICATION FOR CHA."IGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.5RR acres b. Into what lot sizes? a~rPs 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? 5 m~-,rt,~ d. Do you intend to build houses on the newly created lots? ~n pro lot If please answer the following questions: On how many of those lots? ,,,,e At what approximate price range? House IIOD Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 18 months If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Reep it? e. Other (please state) P.D. 2 5/84' r f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans far the land will alleviate the local housing situation? Yes How? The proposed action will create one additional residential-agricultural lots in this highly desirable South Kohala district. One lot will be kept by the applicant and one will be sold. 4. Are there any buildings an the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lOCS? Wn If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size [o allow reasonable chance of success in commercial agriculture? _Z_ r d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? N~ If so, please describe the problem. g. Do you think that the roads leading to the subject area needs improvements? Zf so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. Hhat sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes :]o a. Schools R b. Roads R c. Sewer R d. Drainage % _3_ r Ies \o e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ° ~'~i49( (//[~/'~lrhPi-.-. Address: P.O. Box 235 Honokaa, Hawaii 96727 Telephone: 775-7294 business 776-1440 home Date: April 5, 1999 _4_ STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO ' RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: SCOTT TAKESHI NAKAHARA AND SUSAN FUJIE SHIMABUKO NAKAHARA TAX MAP KEY (3) 6-2-09:10 Kanehoa Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State LandTJse Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.588 acres) is located in the Kanehoa Subdivision on the south side of Kawaihae Road approximately across from the 63 mile marker in Ouli, South Kohala, Hawaii TMK: 6-2-09:10. GENERAL INFORMATION 1. Scott Takeshi Nakahaza and his wife Susan Fujie Shimabuku Nakahara are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a lot off of Kanehoa Drive and a flag lot on Keanuiomano Stream. 3. The existing lot presently has an access points off of Kanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service aze available to both lots through the underground utility system of the Kanehoa subdivision. 6. The applicants intend to build their home on one of the lots and market the other iot.. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in character, ancillary community and public uses, and convenience type commercial uses. . 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.588 acre pazcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no azchaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 15. Common animal species in the area include field mice and mongoose. There is no known or recorded raze or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine looms that formed in volcanic ash. The soils are gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils aze used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side ofHualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dazk yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoffis medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this azea is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the subdivision and Anekona Estates subdivision, A-Sa, is immediately west. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district azea located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are ruraVresidential in character with minimal agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There have been six properties within the Kanehoa and Anekona Estates Subdivisions that have re- districted to the Rural District and re-zoned to RA-2a as the applicants propose. PUBLIC FACILTTIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This azea is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located six miles east of the site in Waimea. 32. The nearest fire station is located six miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Anuenue Playground located 5ve miles east of the site. Hapuna Beach Park is eight miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (five miles east) and private schools (three miles east) provide educational services to the area. APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: SCOTT TAKESHI NAKAHARA AND SUSAN FUJIE SHIMABUKO NAKAHARA TAX MAP KEY (3) 6-2-09:10 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (])All uses permitted under section 15-15-25 relating to agicultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance maybe processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawau Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural pazks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Sociocultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regazd to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential azeas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The wunty shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living envirotunents for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple~housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing suffisent to meet growth needs and coma existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural comnarnities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII.Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • T'he County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use ofsingle-family residential zoned areas and to curb speciilation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between singlesfamily residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to • include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG)•Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditioms of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surcounding properties in view of the land quality ofthe surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona Estates subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawau and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawalhae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Dri~te with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that these applications for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. - ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES ~ ' PETITIONERS: SCOTT TAKESHI NAKAHARA SUANA FUIE SHIMABUKU NAKAHARA TAX MAP KEY (3) 6-2-09:10 A. SUBTECT REQUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Kanehoa subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.588 acres and will be subdivided to create two lots, of 2+ acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawau Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Departrnent of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not ?ocated within the County of Hawau's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawau Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "crty-like" concentration of people, structures, streets, and urban level of services are absem, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural diatrict, This states: •(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agriadUrral uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a atinimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-hall aae, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that aze compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition of I,ow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawau Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendmem would be in the direction of fidfilling the permissible uses of the Waal designation. 3. The applicants believe that the reclassification action would aL4o conform to the following gosh, objectives sud/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement ofthe following objectives: (I) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable emironmertts that satisfactorily accommodate the needs and desires offamilies and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To acirieve the housing objectives, it shall be the policy of this state to: (I) Effectively accommodate the housing needs of Hawan's people. (2) Stimulate and promote feasible approaches that increase-housing choices for low-income, moderate-inwme and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values ofthe community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plsn: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environmems ofthe County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment cemers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residems in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents ofthe Courny of Hawaii. • Attain a diversity of socao-economic housing mix throughout the different parts ofthe Coumy. • Maintain a housing supply which allows a variety of choice. i. • Develop better places to live in Hawaii Courriy by creating viable communities with decem housing and suitable living environmerns for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfacxorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regazdless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of wnstruction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICUI.TU~ . • Rural-style residential-agricultural developments, such as new smatl,scate rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RE ENTIAT • To maximize choices of single-fam~y residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and conveniem access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing moc and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standazds and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-f~Y residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percemage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mnc and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residemial-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of dwelling, per one-half acre in areas where "city-like" concentration of people, sttucdrres, streets, and urban level of services are absent, and where small farms are irnermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or comiguous to this district, and are not suited to low-density residenial uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting fs consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural dfstricL This states: "(a) Pemrissible uses within the rural district shall include the following activities: (1)All uses permitted under section 1 S 15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residernial uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 19'77, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendmern is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residenial dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendmem would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towazds achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential azeas sensitive to wmmunity needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase arousing choices for low-incxrme, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goah and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with.the social, cultural, and physical em+ironmerns of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which aze serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawau. • Attain a diversity of socio-economic housing mix throughout the different parts of the Couny. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing su$icient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing neat communities, shall be encouraged in appropriate locations. SINGLE-FAl~ Y RESID Ai • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas convenierrtly located to public and private services, shopping, other community activities and convenient access to employment centers. • The Coumy shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The Coumy shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mbr and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural oonununities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for Waal-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Developmem. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under wnsideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complemem and implement the General Plii3?. 5. The applicants believe the purpose and applicability of the RA district as defined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an akeady established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural azeas where "city-like" concentrations of people, structures, streets, and urban level of services are absem, and where small fazms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts.° 6. The applicants believe that the removal of this particular 5 acres of land from the State Laad Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of arty major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and firture residential land use patterns of the sun: ounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot siu to two acres is oonaiatent with the surroueding properties in the Kanehoa and Anekona Estates subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. ' 8. The applicants believe a0 nt0ities and services are available to the property which art essential to accommodate rural development. Access to the subject property is off Kawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavemern and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch coumy water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawanan Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIItONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA• 1. The property is a 5.588 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east ofthe ocean. 3. The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant list. 4. Since the site has been previously grazed by cattle, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 5. There is no evidence of historical or cultural features on the pazcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the azea. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazards, especially lava flows arty earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is posst'ble. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this azea has been covered by lava in the past 10,000 years. 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils aze gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leewazd side ofHualalai, Mauna Kea, and the Kohala Mournains. Tn a representative profile the surface layer is very dark brown extremely stony very flee sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoffis medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISITJ classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this azea is "E", Very Poor. Y 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIItM) has designated the property as Zone 7sy outside of the 500 year flood plain. 14. The surrounding properties are located in the State's Agricultural District and in the Coumy's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is looted within the State Land Use Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with mirrimal agricultural activities. 17. Twenty-5ve of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There have been six properties within the Kanehoa and Anekona Estates subdivisions that have re- districted to the Rural District and re-zoned to the RA-2a zone as the applicants Propose. 18. A plants list is attached as Exlu'bit °A". D. PUBLIC FACII.I'TIES AND SIERVICES• 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Kanehoa subdivision. 4. This area is not serviced by a municipal sewer system. A]] lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of health. 5. The nearest police station is located six miles east of the site in Waimea. 6. The nearest Sre station is located six miles east of the site in Waimea. 7. The nearest public recreation fiuti7ity is Waimea Park and Anuenue Playground located 5ve miles east of the site. Hapuna Beach Park is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (five miles east) and private schools (three miles east) provide educational services to the area. E. ENVIILONMENTAL ASSESSMENT AND ANALYSIS• 1. The proposed action does not involve any immediate additional development of the I~pe?ty 2. The entire property has been graded and utilized for the pasturing of cattle in the past. 3. Further developmerrt of the property will help to stabilize the environment by planting vegetation that will prevem soil erosion by wind and water. 4. No rue or threatened or endangered species are present on the parcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIltM maps. 6. Any short tenor generation of noise and dust during construction will be offset by the long team enhancement to the area in keeping with the character of the surrounding aria and land uses. 7. Noise during the constnrction period will be mitigated by regulating the time.of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and av pollution. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an area of existing residential and agrcuhural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South IZohala area. The magnitude of this addition is not substantial considering the district population 12. Because adjacent parcels have land uses and densities similar to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County ofHawan. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. 15. The ahemative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA 2a, would be to utr7ize the CPR process that 25 of the applicants' neighbors have. This would also allow the developmem of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-tern use of man's environment and the maintenance and enhancement oflong-tenor productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irteversible and irretrievable commitment of only negligible quantities of natural resources. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-09:10 KANEHOA SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Parini Opuntia tuna cactus Bothriochloa babinodis Bu®e grass Pennisetum sataceum Fountain grass Ilima Sida fallax Desmodium uncinatum Spanish Clover Indigofera aril Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava SITE PHOTOGRAPHS _ `;y- u~i+i:° •j mew looking south-east showing the grasslands and neighboring properties. . 4 r i' r ~ ~ it d. •'r'. r rte:. ~ ~ mew looking south showing the property. li tr • y 1 ! ~ r 274'pl'40' 298.81' ' N CO , O ~ s yy~ h~ 3 p ~ ~ U ~ ~H 0 V~Q M ' Q $.i o ~ ~ ~So Q f ~ n,Q ~ i ~n~~~ ~ o 1 ~ rtt a ; ~ ~ ~ ~ 0 ~ i z ~ ~ ~ _,_~_-if------------- r _ - j " ~ ~ ~a 26~ _'}42~00__.~~ry'~ b~~A i 7 _ r - aa.~~ ~ 1 ~ D 1----`- I~N4JJIOP4YJ0 ` A L ! ! ~ ` !~1 UIQ fy-I u ~i DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 4y~~~~~"`1~~, 25 AUPUNI STREET HILO, HAWAII 96720 TELEPHONE (806) 987-8880 fAX (808) 961-6667 MAy 12, 1999 T0: Planning Department FR011: Milton D. Pavao. Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-004) ~ - REWEST: AGRICULTURAL TO RURAL - - CHANGE OF ZONE APPLICATION (REZ 99-012) - - APPLICANTS - SCOTT T. NAKAHARA AND SUSAN FUJIE SHIMABUKU NAKAHARA REQUEST: A-5a TO RA-2a TAX MAP KEY: 6-2-009:010 We need to revise our comments on these two applications so please disregard the comments in our May 5. 1999 memorandum. We have reviewed the subject application for the proposed State land use boundary amendment and charge of zone and have the following comments. Water can be made available from an existing 6-inch waterline within the road fronting the property. The parcel currently has two service laterals; one lateral has a meter while the other does not. This being the case, the parcel has sufficient water for the proposed applications. . By a copy of this letter. the applicant is reminded that each'S/B-inch meter is restricted to a daily maximum of 600 gallons. Also. should the applicant propose to conduct any agricultural activities from either of the two water services. then the respective service will need a backflow preventer (reduced pressure type). A copy of our backflow preventer handout is being forrlarded to the applicant to help them understand this requirement. S ld there be any questions, please call our Water Resources and Planning Branch at 961-8660. Mr ton D Pavao. P.E. Manager BCM:goS copy - (w/att.) Mr. Scott T. Nakahara and Ms. Susan Fujie Shimabuku Nakahara E X H 1 B 1 T .(w/o att.) Mooers Enterprises - Customer Service Sections (Hilo, Waimea. Kona, Ka'u) Mr. Michael Watanabe. Micro Lab ~a 1Gz~4;YA MOOERS ENTERPRISES P.O. Box 1 101 KAMUELA, HAWAII 96743 May 17, 1999 c Y Ms. Virginia Goldstein _ Director ~ ' Planning Department County of Hawaii - 25 Aupuni Street - " Il"do, Hawaii 96720 Re: State Land Use Boundary Amendment Application (SLU 99-004) Request: Agricultural to Rural Change of Zone Application (SUB 99-012) Request: Agricultural (A-Sa) to ResidentiahAgricultural (RA-2a) Applicant: Scott T. Nakahara and Susan Shimabuku Nakahara Taa Map Key: 6-2-9:10 Dear Ms. Goldstein: We received a copy of the revised comments from the Department of Water Supply, dated May 12, 1999. We agree with the revision that the facilities charges have been paid and the service laterals have been installed. It is not our intent to conduct any agricultural activities on the site at this time. If this changes the applicant will comply with the requirements for a bacl~low preventer. If you or you sta$'have an~+ questions, or if addi~onsl in.`orr.;atiai. is required, please contact me at 885-6839. Thank you for your prompt attention to these applications. Sin , Mooers Presideirt G1tM:sp _ ~~a2.~ PHONE: (808) 8856639 FA1C (808) 885-1574 EMAIL' GMOOERS@IBM.NET BENJAMIN J. CAYETANO KAZU HAVASHIDA ~ ~ M GOYERM7R ,eee ~ ± DIRECTOR ~ ljV~' DEPUTY DIRECTORS BRIAN K. MINAAI i S GLENN M. OKIMOTO ~~..0 STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION HWY-PS 869 PUNCHBOWL STREET 2.3800 HONOLULU, HAWAII 968135097 MAY 18 19,99 Ms. Virginia Goldstein ~ - Director - Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: State Land Use Boundary Amendment Application (SLU 99-004) Request: Agricultural to Rural, Change of Zone Application (REZ 99-012) Request: A-Sato RA-2a, Applicant: Scott T. Nakahara and Susan Fujie Shimabuku Nakahara, TMK: (r2-9: 10 Thank you for your transmittal of April 15, 1999, requesting our review and comments regazding the above subject application. We have the following comments: 1. The proposed 2-lot subdivision by itself should not result in any significant impacts on our State highway facilities. However, we view the application as a precedent leading to greater housing density and vehicular traffic. If more of these 2-lot subdivisions are permitted, their cumulative effects will result in increased traffic and safety impacts at the intersections of our Waimea-Kawaihae Road with Anekona and Kanehoa Streets. 2. We understand that you are awaze of this problem and are presently investigating the possibility of having all of the subdivision owners share the cost of any needed highway improvements such as channelizing and illuminating intersections. 3. For further information in determining the needed roadway improvements, please contact and coordinate with our District Office in Hilo. Very truly yours, KAZU HAYASHIDA Director of Transportation ' EXHIBIT G ~ 004R ~.8~ MOOERS ENTERPRISES F.O. BOX i i O 1 KAMUELA, HAWAII 96743 STATE LAND USE 1301TNIDARi' AMENDMENT Agricultural to Rural CHANGE.OF ZONE APPLICATION Agricultural 5-acre to Residential r9.gricultural 2-acre Scott '~akeshi Nakahara and Susan Fujie Shimabuku 1~Takahara TMK: (3) 6-2-09:10 Kanehoa Subdivision Ouli, Scuth Kohala, Island of Hawaii, Hawaii Submitted bv: Gregory R. Mooers A.pri15, 1999 ' PHONE: (808) 8856839 FAX: (8U8) 885-1574 EMAIL' GMUOFJiSb?IBM.NET COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) APPLICANT: Scott T. Nakahara and/JSusan/~F~ujie Shimabuku N/,akahara - li APPLICANT'S SIGNATURE: ~~e71~-(~.. ~ ~(afu.jic~i MAILING ADDRESS: P.O. Box 235 Honokaa, Hawaii 96727 TELEPHONE: (BUS) 775-72 Q4 (HOME) 77(,_440 LANDOWNER- I,ANDOhTNER'S SIGNATURE: //Gy~/L~~ U ~l~Qn, e TAX MAP KEY: 6-2-09:10 LAND AREA: 5.588 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: -Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: - a. The extent to which the proposed reclassification conforms to. the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. 0400q COUNTY OF HAWAII • PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION ` ~:1 r ~ (Type or legibly print the requested information) - ;J APPLICANT: Scott T. Nakahara and Susan~Fu~ie Shimabuku~jNa~kahara APPLICANT'S SIGNATURE:_ ~ rc~.~/~L.ver~ ~/(9lC DATE: April 5, 1999 ADDRESS: P•o. sox 23'5 Honokaa, Hawaii 96727 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRII~TCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus:) 775-7?94 (Res.) 776-1440 (Fax) 775-7294 LANDOWNER(S): o e i Nakahara and Susan Fu"ie Shima uku LANDOWNER SIGNATURE(S): DATE: April 5. 1999 LANDOWNERS ADDRESS: P. o. Box 235 (x okaay letter) Hawaii 96727 REQjJE$'I'; Agricultural 5-acre (A-Sa) TO Residential-Agricultural 2-acre (RA-2a) (Existin zoning) (Proposed Zoning) TAX MAP KEY: 6-z-t~:lo STREET ADDRESS OF PROPERTY: Kanehoa Drive, ouli, South Kohala, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.588 acres AGENT: GreQOrv R. Mooers, Mooers Enterprises 4DDRESS: F•o. sox 1101 Kamuela, Hawaii 96743 I'ELEPHONE:(Bus.) 885-6839 (Res.) 885-7126 (Fax) 885-1574 ?lease indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers Nakahara COPIES: (See Instructions on Reverse Side) ATTACtL*tENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If 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? 5.588 acres b. Into what lot sizes? awes 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? f, mnnrh~ d. Do you intend to build houses on the newly created lots? nne lot If ves, please answer the following questions: On how many of those lots? At what approximate price range? House ~~O Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 18 months If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/64 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will create one additional residential-agricultural lots in this highly desirable South Kohala district. One lot will be kept by the applicant and one will be sold. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? S. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? _2_ d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? N~ If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? 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 % b. Roads R c. Sewer R d. Drainage R -3- Yes ~o e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: _~Gia v~~Qi+p( (~~/~~ut-•- Address: P.O. Box 235 Honokaa, Hawaii 96727 Telephone: 775-7294 business 776-1440 home Dace: April 5, 1999 -4- STATE LAND USE DESIGNATION RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE~OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: SCOTT TAKESHI NAKAHARA AND SUSAN FUJIE SHIMABUKO NAKAHARA TAX MAP KEY (3) 6-2-09:10 Kanehoa Subdivision Ouli, South Kohala, Island of Hawaii, Hawaii We are requesting a reclassification of the subject property from the State Land Use Agricultural District to the Rural District and a Change of Zone from the Agricultural five- acre (A-Sa) zone to the Residential-Agricultural two-acre (RA-2a) zone. The subject property (5.588 acres) is located in the Kanehoa Subdivision on the south side of Kawaihae Road approximately across from the 63 mile marker in Ouli, South Kohala, Hawau TMK: 6-2-09:10. GENERAL INFORMATION 1. Scott Takeshi Nakahara and his wife Susan Fujie Shimabuku Nakahara are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. The applicant is proposing to create a two lot subdivision using a lot off of Kanehoa Drive and a flag lot on Keanuiomano Stream. 3. The.existing lot presently has an access points off ofKanehoa Drive that will accommodate the two proposed lots. See accompanying rezoning exhibit map. 4. Both of these lots are presently undeveloped. 5. Electrical, telephone and cable television service are available to both lots through the underground utility system of the Kanehoa subdivision. 6. The applicants intend to build their home on one of the lots and market the other lot.. APPLICANT'S STATEMENT 7. In support of this application, the applicants have submitted the following: (See attached statement.) STATE AND COUNTY PLANNING 8. The present State Land Use district designation is Agriculture. 9. The General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the property as Low Density Urban Development. This allows for single family residential in chazacter, ancillary community and public uses, and convenience type commercial uses. 10. The property is located within the County's Agricultural 5-acre zone, previously known as Unplanned. 11. The property is not located within the Special Management Area of the County of Hawau. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 12. The property is a 5.588 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 13. The site is undeveloped. Since the site has been previously grazed by cattle and extensively graded for development, it is expected that no archaeological features exist on the property or that it provides a habitat for endangered plants or animal species. 14. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 15. Common animal species in the azea include field mice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 16. The topography of the site is fairly level with slopes less than 10%. 17. The average annual rainfall is 20 - 35 inches. ' 18. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils aze gently sloping and most areas are extremely stony. They aze on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, Lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general azea. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 to 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dazk yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 19. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 20. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 21. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 22. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is east of the subdivision and Anekona Estates subdivision, A-Sa, is immediately west. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 23. There is a small State Urban district area located below the site that hosts an affordable housing project, Ouli Ekahi. 24. The uses of the property in the immediate area are ruraVresidential in chazacter with minimal agricultural activities. 25. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There have been six properties within the Kanehoa and Anekona Estates Subdivisions that have re- districted to the Rural District and re-zoned to RA-2a as the applicants propose. PUBLIC FACILITIES AND UTILITIES 27. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 28. The site is serviced by Department of Water Supply water. 29. Electrical, telephone and cable service aze provided to the project site via the underground utility service of the Anekona Estates subdivision. 30. This azea is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicant proposes that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 31. The nearest police station is located six miles east of the site in Waimea. 32. The nearest fire station is located six miles east of the site in Waimea. 33. The nearest public recreation facility is Waimea Park and Muenue Playground located five miles east of the site. Hapuna Beach Park is eight miles to the west of the site. Spencer Beach Park is located six miles west of the site. 34. Public schools (five miles east) and private schools (three miles east) provide educational services to the area. APPLICANT'S STATEMENT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE' OF ZONE REQUEST RECLASSIFICATION FROM AGRICULTURAL 5-ACRES, PREVIOUSLY UNPLANNED, TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: SCOTT TAKESHI NAKAHARA AND SUSAN FUJIE SHIMABUKO NAKAHARA TAX MAP KEY (3) 6-2-09:10 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general chazacteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in azeas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, pazcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that aze compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section." The proposed boundary amendment is for a similar agricultural land uses and uses that are compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. ~(3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMII.Y RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in chazacter, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The area under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as deTined iu section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural area of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona Estates subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectiTied or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural5-acre to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Therefore, the applicants request that these applications for a State Land Use Boundary Amendment from Agricultural to Rural District and the Change of Zone from Agricultural 5-acre to Residential-Agricultural 2-acre be given a favorable consideration. ENVIRONMENTAL REPORT FOR RECLASSIFICATION FROM AGRICULTURAL TO RURAL CHANGE OF ZONE REQUEST FROM AGRICULTURAL 5-ACRES TO RESIDENTIAL-AGRICULTURAL 2-ACRES PETITIONERS: SCOTT TAKESHI NAKAHARA SUANA FUIE SHIMABUKU NAKAHARA TAX MAP KEY (3) 6-2-09:10 A. SUBJECT REQUEST: The applicants are proposing to change the State Land Use District from the Agricultural district to the Rural district and change the County Zoning from Agricultural 5-acres (A- Sa), previously Unplanned, to Residential-Agricultural 2-acres (RA-2). The request is to allow for a two lot subdivision of the applicants property in Kanehoa subdivision to allow for agricultural and residential uses of the property that are not presently allowed in the State agricultural district. The lot is 5.588 acres and will be subdivided to create two lots, of 2+ acres. The proposed lots are presently vacant but will be developed at some time in the future for use as residential agricultural lots. The present lot has access points on Kanehoa Drive that provides access to each of the proposed lots. The present lot is serviced by the County of Hawaii Department of Water Supply. It is proposed that all structures will use individual wastewater treatment systems that comply with all rules of the State Department of Health. B. CONFORMANCE WITH STATE AND COUNTY PLANS: The State Land Use District is Agricultural. The General Plan Designation is Low Density. The County Zoning is Agricultural 5-acre (A-Sa). There are no Community Development Plans for this area. The property is not located within the County of Hawaii's Special Management Area. 1. The applicants believe the approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the azeas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in azeas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, pazcels of land not more than five acres; provided it may include other pazcels of land which aze surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. 2. The applicants believe the proposed redistricting is consistent with §15-15-27 of the Hawaii Land Use Commission Rules that determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1)All uses permitted under section 15-15-25 relating to agricultural uses and those uses that aze compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 squaze feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to lots of record existing prior to January 1, ] 977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as maybe provided for in this section." The proposed boundary amendment is for a similaz agricultural land uses and uses that aze compatible to the Agricultural designation. The proposed reclassification is also compatible with the statutory definition ofLow-density residential lots of more than one dwelling house. The applicant has and would like to construct Single Family Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use in the Agricultural District unless the dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and used in conjunction with a farm, including clusters ofsingle-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. 3. The applicants believe that the reclassiTcation action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate-income and gap-group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. (4) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. 4. The applicants believe the proposed boundary amendment and change of zone would conform to the following goals and policies of the General Plan: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regazdless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. AGRICULTURE • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. SINGLE-FAMILY RESIDENTIAL • To maximize choices of single-family residential lots and/or housing for residents of the County. • To ensure compatible uses within and adjacent to single-family residential zoned areas. • To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. • To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. • The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. • Rural-style residential-agricultural developments, such as new small scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall review and amend if necessary land use ordinances and codes to include considerations for rural-style residential subdivisions in appropriate locations. Standards and criteria for the establishment of these areas shall be developed. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed Rural boundary request also conforms to the LUPAG Map which designates the azea for Low Density Urban Development. Low Density Urban Development allows for Single Family Residential in character, ancillary community and public uses, and convenience type commercial uses. This request would allow rural development. The azea under consideration is consistent with the rural form established for this section of the South Kohala District as depicted on the LUPAG Map. Based on the above findings, including the General Plan's goals and policies, the granting of the rural boundary amendment would complement and implement the General Plan. 5. The applicants believe the purpose and applicability of the RA district as deTined in section 25-5-50 of the zoning code is met by this proposal. The location of the subject property is in an already established "Rural azea of South Kohala. Section 25-5-50 states: "The RA district provides for activities or uses characterized by low density residential lots in rural azeas where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within the state land use rural or urban districts." 6. The applicants believe that the removal of this particular 5 acres of land from the State Land Use "Agriculture" district will not jeopardize the Agricultural land inventory of the State or the County, as a result of the poor land quality conditions of the subject property. While the subject property is within the State Land Use Agricultural and County's Agricultural zoned districts, it is not currently being used for active agricultural purposes. There is an absence of any major and/or commercial agricultural activity in the existing and neighboring subdivisions. The State of Hawaii ALISH Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. Furthermore, a Rural classification would complement the existing and future residential land use patterns of the surrounding properties in view of the land quality of the surrounding properties and permissible uses. 7. The applicants believe the proposed reduction of lot size to two acres is consistent with the surrounding properties in the Kanehoa and Anekona Estates subdivisions. The subject property is adjacent to 5-acre zoned parcels as it is part of the Kanehoa Subdivision which was approved by the County of Hawaii within the Unplanned zoned district. The Unplanned district applies to areas which were not subjected to sufficient studies to adopt specific district classification and the minimum building site area in this district is five acres. With the passage of the new zoning code in December 1996, this unplanned zone was eliminated and all land within this zone became Agricultural 5-acre. Twenty-five of these lots have been subdivided to the two acre size via the CPR process without the benefit of review by the County of Hawaii and the subdivision code. Additional units have also been added by the Ohana home process. The applicants believe the proposed density of two acres is consistent with the surrounding properties and that the subdivision process is a preferred process in comparison to the CPR process. 8. The applicants believe all utilities and services are available to the property which are essential to accommodate rural development. Access to the subject property is offKawaihae Road which has aright-of--way width of 60 feet with approximately 20 feet wide pavement and Kanehoa Drive with a 50' right-of--way and 20' of pavement. Water is provided by a 6-inch county water line which fronts the project site. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. 9. The applicants believe the property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). Based on the above, the applicants believe the approval of the State Land Use Boundary Amendment to the Rural District and the Change of Zone from Agricultural 5-acre, previously Unplanned, to Residential-Agricultural 2-acre complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA: 1. The property is a 5.588 acre parcel located on the south side of Kanehoa Drive approximately one-quarter of a mile south of Kawaihae Road. 2. The property is located six miles east of the ocean. 3. The site is undeveloped and is barren except for a few grasses and weeds, see the attached plant Gst. 4. Since the site has been previously grazed by cattle, it is expected that no azchaeological features exist on the property or that it provides a habitat for endangered plants or azumal species. 5. There is no evidence of historical or cultural features on the parcel, nor did the records in the Planning Department disclose any significant findings attributable to the subject property. 6. Common animal species in the area include fieldmice and mongoose. There is no known or recorded rare or endangered animal or plant life in the area. 7. The topography of the site is fairly level with slopes less than 10%. 8. The average annual rainfall is 20 - 35 inches. 9. The entire Big Island is subject to geologic hazazds, especially lava flows and earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. The Hazard Zone for Lava is 8 on a descending risk scale of 1 to 9, only a few percent of this area has been covered by lava in the past 10,000 years. 10. The United States Department of Agriculture Soil Survey identifies the soil type to be of the Puu Pa Soil series. The Puu Pa series consists ofwell-drained stony very fine loams that formed in volcanic ash. The soils aze gently sloping and most areas are extremely stony. They are on uplands at an elevation ranging from 1,000 to 2,500 feet and receive between 20 to 35 inches of rainfall annually. Their mean soil temperature is between 69 degrees and 71 degrees. The natural vegetation consists of bermudagrass, swollen fingergrass, lantana, ilima and cactus. These soils and Kamakoa, Kawaihae, Waikoloa and Waimea soils are in the same general area. Puu Pa soils are used for pasture. Puu Pa extremely stony very fine sandy loam, 6 t0 20 slopes (PVD). This soil is found low on the leeward side of Hualalai, Mauna Kea, and the Kohala Mountains. In a representative profile the surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark brown and dark yellowish brown very stony very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. In places the surface layer is silty loam. Permeability is rapid, runoffis medium and the erosion hazard is moderate. Roots penetrate to the fragmental Aa lava. 11. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the property is not classified. 12. The Land Study Bureau Overall Productivity for this area is "E", Very Poor. 13. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the property as Zone X, outside of the 500 year flood plain. 14. The surrounding properties are located in the State's Agricultural District and in the County's Agricultural 5-acre and 1-acre zones. Kamuela Plantations, A-Sa, is immediately east of the Kanehoa subdivision and Anekona subdivision, A-Sa, is immediately west of Kanehoa. The Ouli subdivision, A-la, located to the west of the site is undeveloped at this time. 15. There is a small parcel that is located within the State Land Use Urban district located below the subject parcel where an affordable housing project, Ouli Ekahi, is sited. 16. The uses of the property in the immediate area are ruraUresidential in character with minimal agricultural activities. 17. Twenty-five of the lots within the Kanehoa and Anekona subdivisions have subdivided through the Condominium Property Regime (CPR) process. In addition other lots have added residential units through the ohana process. There have been six properties within the Kanehoa and Anekona Estates subdivisions that have re- districted to the Rural District and re-zoned to the RA-2a zone as the applicants propose. 18. A plants list is attached as Exhibit "A". D. PUBLIC FACILITIES AND SERVICES: 1. The property is located on Kanehoa Drive a private 50' wide right-of--way with 20' of asphalt paving and grass swales. 2. The site is serviced by Department of Water Supply. 3. Electrical, telephone and cable service are provided to the project site via the underground utility service of the Kanehoa subdivision. 4. This area is not serviced by a municipal sewer system. All lots in this area dispose of wastewater through individual wastewater treatment systems. The applicants propose that any structures built on the new lots would use an individual wastewater treatment system meeting with the standards and requirements of the State Department of Health. 5. The nearest police station is located six miles east of the site in Waimea. 6. The neazest fire station is located six miles east of the site in Waimea. 7. The nearest public recreation facility is Waimea Park and Anuenue Playground located five miles east of the site. Hapuna Beach Pazk is seven miles to the west of the site. Spencer Beach Park is located six miles west of the site. 8. Public schools (five miles east) and private schools (three miles east) provide educational services to the area. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS: 1. The proposed action does not involve any immediate additional development of the property. ; 2. The emire property has been graded and utilized for the pasturing of cattle in the past. 3. Further development of the property will help to stabilize the environment by planting vegetation that will prevent soil erosion by wind and water. 4. No rare or threatened or endangered species are present on the pazcel, nor are there unique or valuable wildlife habitats. 5. The parcel does not appear prone to flooding and is classified as Zone "X" by the federal FIltM maps. 6. Any short term generation of noise and dust during construction will be offset by the long term enhancement to the area in keeping with the chazacter of the surrounding area and land uses. 7. Noise during the construction period will be mitigated by regulating the time of day of construction activities. 8. Dust generated during the construction period will be mitigated by standard construction dust control measures. 9. The proposed action will result in slightly greater density of residential uses and would thus generate additional noise and air pollution. Such increases would be negligible in the comext of existing conditions and merit no special mitigation measures. 10. The proposed action is unlikely to adversely affect scenic views. The newly created lot is within an azea of existing residential and agricultural uses. 11. The proposed action will lead to the addition of one agricultural-residential unit in the South Kohala area. The magnitude of this addition is not substantial considering the district population. 12. Because adjacent parcels have land uses and densities similaz to those proposed, there would be little impact to the character of the neighborhood. 13. Because of the poor quality of soil and the existing use of the property, removing this parcel from the inventory of available agricultural lands will not impact the agricultural potential of the State or County of Hawaii. 14. The proposed one additional residential unit would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. I5. The alternative to the proposed action, redistricting the property from the Agricultural district to the Rural district and changing the zone from A-Sato RA-2a, would be to utilize the CPR process that 25 of the applicants' neighbors have. This would also allow the development of the property as requested in this proposal without the benefit of the County's review for compliance to the subdivision code. 16. In terms of the relationship between short-term use of man's environment and the maimenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. The construction of one additional residential unit would involve the irreversible and irretrievable conunitment of only negligible quantities of natural resowces. EXHIBIT "A" PLANTS LIST FOR TAX MAP KEY (3) 6-2-09:10 KANEHOA SUBDIVISION OULI, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Plants HAWAIIAN NAME SCIENTIFIC NAME COMMON NAME Panini Opuntia tuna cactus Bothriochloa babinodis Buflle grass Pennisetum sataceum Fountain grass Dime Sida fallax Desmodium uncinatum Spanish Clover Indigofera anil Indigo plant Cassia mimosoides Partridge pea Argemone glauca Prickly poppy Psidium gaujava Yellow Guava SITE PHOTOGRAPHS View looking south-east showing the grasslands and neighboring properties. ~s r ' „ View looting south showing the property. ~ ~ •Lr.o I i ~ o t,~ Ei j ~u O ~ ~ ---to Nwy. a/c pavement 3 f ~ N 274'07'40' 298.61' O j O ~ j 7 I ~ f f 7~ 1 1 i 1 ~ ~ ~ ~ a t 4i ~ II 1 i ~ 0~4 ii d~,~Q I ~ ! yai~ (Y r ti ° , 0 ~ j 0 r V n Z 4 i 3' i f .r' 259 i ~ I ~l~ _+142^00' ~"~~if S~ ~3 ?3 .f ' +1 _268 ~ i ~ r~ e , f i L 90'09'47'118.83' ~ ~ j' ~ a 1 A L ~ ~ %f