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COM 0196.000 2018-2020
.--0g17,9!h! Wil Okabe ..••` "`����'� Managing Director Harry Kim ; *: � s, :* Mayor ::: Barbara J.Kmow • •.��+4='�`�. Deputy Managing Lector �. ,rE GF'N' Cry 2C"Fr- rt v rnni IIT Paittat t -' co ®fftx e of fI1 c is ar —r1 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 N (808)323-4444 • Fax(808)323-4440 O March 13, 2019 Aaron S. Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: vhange of Zone Application (REZ 18-000232) Request: A-40a to A-5a Applicant: 64-560 Mamalahoa LLC Tax Map Key: 6-4-017:043 Amendment to Change of Zone Ordinance No. 12-156 (REZ 983) Request: Time Extension to Condition D (Final Subdivision Approval) Applicant: Ellen Garver Koizumi Tax Map Key: 7-3-005:030 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter,transmitted herewith for the County Council's consideration and action is the Leeward Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, HARRY KIM Managing Director MTransCouncil64-560MamalahoaREZ 18-232KoizumiREZ983 Enclosures cc: Planning Department `q b Comm. Nak„_. Ref. To: �(i County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date MAR 2 2 2019 4 J'MS'74;1! yq ... Harry Kim 0.• ' ''�' Keith F.Unger,Chair Mayor t•lam°;`, 7. Nancy Carr Smith,Vice Chair ' ler. Scott Church Perry Kealoha '>E bF•N►''�" Oliver"Sonny"Shimaoka Michael Vitousek County of Hawai`i Faith"Faye"Yates LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 MAR 1 1 2019 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Change of Zone Application (REZ 18-000232) Applicant: 64-560 Mamalahoa LLC Request: A-40a to A-5a Tax Map Key: 6-4-017:043 The Leeward Planning Commission, at its duly held public hearing on February 21, 2019, reviewed and acted on the above-referenced request for a Change of Zone from an Agricultural- 40 acres (A-40a)to an Agricultural-5 acres (A-5a)zoning district. The property is located on the north side of Mamalahoa Highway, approximately 0.42 miles west of White Road and approximately 150'feet east of Pu`u Manu Place, Pu'ukapu Homesteads, 2nd Series, South Kohala, Hawaii. At its meeting, a motion was made to forward a favorable recommendation for Change of Zone Application REZ 18-000232 to the County Council as recommended by the Planning Director. This motion failed with a 2-4 vote. Subsequently, a motion was made to forward an unfavorable recommendation to the County Council, citing concerns over flooding control and the applicant's request to allow two driveway access points to Mamalahoa Highway. This motion passed with a 4-2 vote. Therefore, for your information,we are enclosing the staff Background Report, the Planning Director's favorable Recommendation, and the PowerPoint presentation. As the Leeward Hawai`i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 2 Planning Commission is forwarding an unfavorable recommendation for Change of Zone Application REZ 18-000232, we have included a draft bill with no conditions. The draft transcript of the hearing will be provided to you under separate cover, which also discusses other concerns stated on the record by the Commissioners. Sincerely, p—DocuSigned by: V.-AU��c '-4A37C4A8100A4CB... Keith F. Unger, Chairman Leeward Planning Commission L64-560MamalahoaREZ 18-2321 pc2 Enclosures cc: Mr. Zendo Kern, Planning Consultant 64-560 Mamalahoa, LLC Department of Public Works Department of Water Supply Amy Self, Esq., Corporation Counsel sri B64-560MamalahoaREZ 18-232.crk 2.11.19 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT 64-560 MAMALAHOA LLC CHANGE OF ZONE APPLICATION NO. 18-000232 (REZ 18-232) 64-560 MAMALAHOA LLC has submitted an application for a Change of Zone from Agricultural-40 acre (A-40a) to an Agricultural-5 acre (A-5a) zoning district for approximately 10.94 acres of land. The property is located on the north side of Mamalahoa Highway, approximately 1,000 feet west of the Mamalahoa Highway and Kipahele Street intersection, Pu'ukapu Homesteads, 2nd Series, South Kohala, Hawai`i, TMK: 6-4-017:043. APPLICANT'S REQUEST 1. Proposed Development: The applicant is requesting a change of zone from Agricultural- 40 acre (A-40a) to Agricultural-5 acre (A-5a). The applicant intends to subdivide the property into two (2) lots; one lot would be comprised of an existing dwelling and be approximately five(5)-acres in size and the second lot, approximately 5.94 acres in size, would be a flag lot with the"flag pole"being on the eastern side of the property. The applicant originally applied for a change of zone from A-40a to Family-Agricultural-1 acre (FA-1a),but subsequently amended their request to the current request. The information in the revision request supplements and in some cases supersedes the information in the original request. (Planning Department Exhibit 1 - Zoning District Revision Request Letter Dated January 22, 2019 and P.D. Exhibit 2 - Change of Zone Application dated October 3, 2019) 2. Estimated cost and projected timetable of project: Subdivision improvements are estimated to cost approximately$20,000. The applicant hopes to have the land subdivided before the end of 2019. 3. Landowner: Violet G. Mendes Trust. STATE AND COUNTY PLANS 4. State Land Use District: Agricultural. 5. General Plan LUPAG Map: Extensive Agriculture and Important Agricultural Land and Extensive Agriculture. Roughly the southern half of the property is designated as Important Agricultural Land. 6. County Zoning: Agricultural 40-acre (A-40a). 7. South Kohala Community Development Plan (SKCDP): The SKCDP, adopted by Ordinance No. 08 159, affects the subject property. The project site is identified within an area for"Small Farms and Ranches Preservation Program" in the SKCDP (Figure 4.4 - Waimea Town Conceptual Plan). 8. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is located more than five (5) miles from the nearest coastline not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The subject 10.94-acre parcel is rectangular shaped and located on the northern side of the Mamalahoa Highway near the 54-mile marker in Waimea. The southern portion of the site is fairly flat, with slopes ranging from two to five percent. The northern portion of the property has slopes from two to ten percent. Elevation ranges from approximately 2,900 to 3,000 feet above sea level. There is an existing single- family dwelling on the western side of the property, served by a gravel driveway directly accessing Mamalahoa Highway. 10. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural 40-acre (A-40a) to the north, west and southeast across Mamalahoa Highway. The adjacent property to the east and properties to the south across Mamalahoa Highway are zoned Agricultural 5-acre (A-5a). The Ho`onani Subdivision, consisting of 10,000-square foot residential lots, is located approximately 900 feet to the east of the property and zoned Agricultural 1-acre(A-1a). The adjacent property directly to the east was rezoned from A-40a to A-5a on September 1, 2011 (Ordinance No. 11-073) to support a proposed 3-lot subdivision. 11. ALISH: Prime Agricultural Land and Other Important Agricultural Land. Roughly the southern half of the property is identified as Prime Agricultural Land. 12. Land Study Bureau's Detailed Land.Classification System: "C" or"Fair". 13. U.S. Soil Survey: MLD (Maile Silt Loam) series 6 to 20% slopes and MaA(Maile Silt Loam) 0 to 3 % slopes. 14. FIRM: The subject property has three (3) flood zone designations including Zone "X", -2- or an"Area of Minimal Flood Hazard." Large portions of the south side of the parcel are designated as Zone "AO", which is a Special Flood Hazard Area inundated by a 100-year flood. The Federal Emergency Management Agency (FEMA) defines this zone as, "River or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year,usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet." Additionally, there is an unnamed stream that intersects the parcel which is classified as Zone "AE", defined as, "the base floodplain where base flood elevations are provided."According to the Department of Public Works (DPW), several public complaints have been made regarding flooding along the Mamalahoa Highway and along the east property line of proposed Lot 99-2. Due to safety concerns, DPW recommends that the applicant relocate the proposed access flagpole for Lot 99-2 to the west side of the subject property to avoid accessing off the highway in a flood prone area that is already designated as a Special Flood Hazard Area, Zone AO. 15. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are likely on the site, as the property has been extensively bulldozed and used for agricultural and residential purposes. The property is not known to be a habitat for any rare or endangered animal life. 16. Archaeological Resources: Since the property has been extensively cleared and used for agricultural and residential purposes, no commissioned archaeological survey has been conducted. It is expected that no archaeological or historic features exist on the property. By letter dated December 4, 2018, the Department of Land and Natural Resources - State Historic Preservation Division determined that no historic properties would be affected by the proposed change of zone. 17. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property, nor existence of any known valued cultural, historical or native resources in the area. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the lots is proposed to be from Mamalahoa Highway, a County arterial -3- roadway with an approximately 20-foot wide pavement with grass shoulders all within an approximately 50-foot wide right-of-way. The existing lot has driveway access to Mamalahoa Highway, and the applicant proposes access to the new, upper lot via a 20- foot wide flag pole. However, the Department of Public Works (DPW), commented that direct vehicular access to individual lots shall not be from Mamalahoa Highway, meaning they will require both lots share a single access to their roadway. According to DPW, Mamalahoa Highway shall be improved to an 80-foot right-of-way, therefore they require that the applicant delineate a 15-foot wide future road widening setback on plat maps submitted for the subdivision of the subject property. Furthermore,upon the request of the Department of Public Works, the applicant, its successors or assigns shall be required to dedicate the land encumbered by the future road widening setback to the County of Hawai`i at no cost to the County. Y 20. Water: According to the Department of Water Supply(DWS), water can be made available from an existing 6-inch waterline along Mamalahoa Highway. In response to the original FA-1 a zoning and 6-lot subdivision concept, DWS commented that the two (2) uppermost lots would be at an elevation where water cannot be delivered at an adequate volume and pressure, under peak-flow and fire-flow conditions from the DWS's existing water system facilities. However,under this amended request (A-5a zoning to allow a 2-lot subdivision), both lots now fall within the appropriate pressure zone for water service. Finally, DWS requires the applicant to secure water commitments as soon as possible, construct necessary water system improvements, and pay a facilities charge prior to being granted Final Subdivision Approval. 21. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems, meeting the requirements of the Department of Health. 22. Solid Waste: Solid waste disposal will be by County transfer stations located in Waimea and Honoka`a. 23. Essential Utilities and Services: Utilities are available to the property. The closest police and fire stations are located in Waimea, approximately three miles from the property. County parks are located in Waimea. -4- AGENCIES' COMMENTS 24. Department of Water Supply: (Planning Department Exhibit 3—November 1, 2018 Memo) 25. Department of Public Works': (Planning Department Exhibit 4—February 13, 2109 Memo) 26. Fire Department: (Planning Department Exhibit 5—November 7, 2108 Memo) 27. Department of Land and Natural Resources—State Historic Preservation Division: (Planning Department Exhibit 6—December 4, 2018 Memo) 28. Department of Land and Natural Resources—Engineering Division: (Planning Department Exhibit 7—October 29, 2018 Memo) AGENCIES-NO COMMENT/CONCERN • 29. Department of Environmental Management, Police Department, and Department of Land and Natural Resources—Land Division and Division of Forestry and Wildlife. AGENCIES -NO RESPONSES 30.. State Department of Health, State Department of Transportation, US Fish and Wildlife, and Waimea Community Association. PUBLIC COMMENTS 31. Planning Department Exhibit 8—Letter, Photographs and Video (shared with the Planning Commission Electronically) from Gail and Brian Onodera and Dale Kaneshiro dated December 12, 2018. 32. Planning Department Exhibit 9 - Letter from James J. Hustace received January 4, 2019. 33. Planning Department Exhibit 10 - Letter from Lisa Onodera Sie and Doris Onodera dated January 10, 2019. 34. Planning Department Exhibit 11—Email and Video (shared with the Planning Commission Electronically) from Gail Onodera. APPLICANT'S RESPONSE TO PUBLIC COMMENTS 35. Planning Department Exhibit 12—Applicant's letter in responseto public PP comments dated February 11, 2019. -5- ZENDO KERN PLANNING CONSULTANT LLC.-- _. _. _ 194 Wiwoole St. Hilo,HI 96720 ----- Phone: 808-333-4734 7919 ;IfIM '7y —P . Email: info@zendokern.com January 22, 2019 ._�? �'_`-,; .-'.--�. - Mr. Michael Yee, Director ": •'' Planning Department • , --__ _.- COUNTY OF HAWAII 101 Pauahi Street - Hilo,HI 96720 Dear Mr. Yee: - -:__.__.�•`; �---�-�...J ..•.._�� •.. • • Subject: Amendment to Change of Zone Application (REZ 18-000232) Applicant: 64-560 Mamalahoa LLC Waimea, South Kohala, Hawaii, TMK: (3) 6-4-017: 043 After careful consideration the applicant of the above refenced Change of Zone Application would like to amend the request from A-40a to FA-la to A-40a to A-5a. The requested zoning of A-5a would allow the applicant to subdivide the subject property into two (2) parcels consisting of a minimum of 5-acres each. (Figure 1) If the change of zone is approved the applicant would subdivide the parcel into two (2)lots; one lot would be comprised of the existing home and be approximately 5-acres in size, the second lot would be a flag lot with the"flag pole"being on the eastern side of the property; this lot would consist of the remainder of the acreage. Within the subdivision a future road set aside would be included at fifty(50) feet wide to provide for the possible future extension of Hauhoa Street. The background report submitted with the change of zone application addresses the amended request with the exception of the project concept which is outlined above and the project costs. Due to the new lot configuration, the estimated cost of infrastructure is $20,000. Based on the requested A-5a zoning the project conforms the General Plan, the County General Plan Land Use Pattern Allocation Guide("LUPAG")mapshows the subject J property having dual designates, approximately half of the site to the north is designated as Extensive Agriculture and the remainder of the site to the south is designated as Important Agriculture Lands. These designations allow consideration for uses that are agriculture and very low-density agriculture-based residential uses. The proposed A-5a subdivision resultingin two (2) lots p pwould be consistent with both the Extensive Agriculture and Important Agriculture Lands designations. As such, no General Plan amendment would be required to effectuate this project. Further, the requested zoning would be consistent with the goals,policies, and standards of the General Plan document. Planning Dept. Exhibit I 122834 • ZENDO KERN PLANNING CONSULTANT LLC 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 Email: info@zendokem.com For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision and construction of a dwelling. More important however, longer-term opportunities would be created largely in the form of small-scale family-agricultural farms. In so doing, the resultant project should add revenues to the county and'state coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal,and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health.This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise—any noise-generating facility, such as air conditioners,would be carefully placed to minimize their noise impacts to adjoining properties. The subject parcel is partially located within a flood zone and all required mitigation measures meeting the approval of the Department of Public Works will be adhered to. Further, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site.Nonetheless,work will cease if unanticipated archaeological remains are discovered during the development of this project.Work will resume only after proper clearances from the state and/or county have been received. While there have been sightings of the Hawaiian Hawk(I'o) or the owl (Pueo), this area is not their primary habitat. Therefore, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the A-5a zoning would allow a dwelling,the project will indirectly fulfill the objectives of the housing element by creating one(1)more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions=will be used in a manner where it blends with the existing terrain. ZENDO KERN PLANNING CONSULTANT LLC 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 Email: info@zendokern.com As the project site is more than five(5)miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Additionally, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities.The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already via a county road and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site,most of them being less than 2.5 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals,policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services, and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate,buffers required In relation to the South Kohala Community Development Plan(SKCDP)the proposed request would appear to be consistent with the intent of the SKCDP as well as the"Small Farms &Ranches Preservation Program". The request does not change the land-from its agriculture designation; based on the lot sizes, they would be prefect for small farms as well as small scale ranch activities. Additionally,by allowing the change of zone request and subsequent subdivision,more families will have the opportunity to own their own parcel of land to live and farm. There has been an increasing trend of small-scale farming or self- sustainable farming. The following goes into greater depth on how the proposed project works within the SKCDP guidelines: - Waimea Policy 1: Preservation of Waimea's Sense of Place Discussion: ZENDO KERN PLANNING CONSULTANT LLC . 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 Email: info@zendokern.com The proposed request will not take away from Waimea's sense of place as many homes in the area are used for residential and agriculture purposes. Creating one(1) additional Agriculture lot would appear to be conducive with this policy. Further, the ability for families to be able to buy a parcel of land,build a home, and farm is true to Waimea's character and sense of place. Waimea Policy 2: "Responsible Growth" Strategy 2.1 states: "The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea— Time will be needed to implement a number of important open space preservation tools and programs, including acquisition of fee interest or conservation easements for important pu'u and some of the East Waimea farm and ranch lots. While these tools and programs are being put into place,private lands that are currently zoned A-5a, A-10a, A-20a, or A-40a should retain their current zoning. Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties." Discussion: The subject parcel is very long and narrow, it is not desirable for large scale agriculture. Furthermore, the lot would not be a prime location for open space based its size and the size of the adjacent properties. The proposed request will make one (1) additional lot available which will help with the demand for housing and smaller sized farming land. Many of the agriculture zoned lots in this area are five plus acres, therefore the request is consistent with the surrounding properties. There appears to be a need for smaller size agriculture lots that can be used for both residential and agriculture uses; the proposed A-5a zoning will help meet this need. _ Furthermore,this project meets the concurrency standards set forth in Chapter 25, availability of additional water in Hawai'i County is challenged and many parcels that have the potential for a rezoning to create additional lots cannot move forward due to lack of water. This project has ample water to serve the newly created lot and provide fire protection. This needs to be considered when evaluating the policies and strategies of the SKCDP. Lastly, Strategy 2.1 of the SKCDP does not mandate against the proposed request, it states the"The County shouldId carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea. In this case,the request would not negatively impact important agriculture lands, or any culturally, visually, and environmentallyimportant open spaces or ZENDO KERN PLANNING CONSULTANT LLC 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 Email: info@zendokern.com resources in the Waimea area. Again,based on the criteria outlined above, the benefits of the proposed request outweigh any potential negative impacts. Waimea Policy 3: Environmental Stewardship Strategy 3.1 Protect Important Agricultural Lands Discussion: The proposed project will not change the land use designation out of agriculture—the rezoning and subdivision will preserve the lands in agriculture. Therefore, the request is not contrary to this policy and will in fact allow the agriculture lands to be more effectively utilized for agriculture actives by creating smaller agriculture lots. Finally, the proposed project will not have a negative impact with respect to environmental stewardship.The project will utilize individual wastewater systems that meet the requirements of the State Department of Health. Additionally,based on the lot configuration minimal infrastructure would be required. Waimea Policy 4: Develop Affordable Housing for Waimea Discussion: Affordable housing is an issue for most of Hawai'i County, affordable agriculture lots in the Waimea area are hard to come by. This project will make one(1) additional lots available that will be affordable compared to other larger agriculture lots. Based on the A-5a zoning and size of the proposed lots, families can live and farm on the same parcel of land. This will give families an opportunity to create additional income from various small-scale farming and/or grow their own crops for personal and family use thus creating a more affordable living situation. Regarding agency comment; County/State agencies have had the opportunity to review the application based on a higher requested density. Comments by the various agencies were not in conflict with the request with the exception of the Department of Water Supply, as such this requested amendment should have a non-effect to said agency comments. Regarding the Department of Water Supply(DWS);based on the previous request there was an issue with one of the lots being outside of the pressure zone, in the case of this amended request both lots front the Mamalahoa Highway and therefore are within the pressure zone required by DWS. In light of the foregoing it would appear the requested A-5a zoning would be the most advantageous zoning of the parcel at this time. Sincerely, • ZENDO KERN PLANNING CONSULTANT LLC 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 Email: info@zendokern.com ZENDO KERN Planning Consultant Enclosures Copy—64-560 Mamalahoa LLC w/enclosures LOT it , ... , !. Ar' ,2 '''.**."•="1"• i• : , :1 E. L.Z.:', . ?1.119 cr 0 6 IR nm n 3 " , • .,,,..,..,..".....,:- • r r_ \IT . • • • . ‘....3, • -------.-\\___ t.,...% .1 • .,r,t, • 7 A 1 k, !.., PLAN SHOWING NE PROPOSED SUBDIVISION Of • c REMAINDER LOT 99 FOR REZONING INTO ,, tat 1M-1 LOTS 99-1 TO LOT 99-2 • .. ,..., • • BEING A PORTION OF GRANT 6857 TO JOHN CHESEBORC. c OF PUUKAPLI HOMESTEADS-SECOND SERIES, WAIMEA,SOUTH KOHALA,ISLAND OF HAWAA,HAWAII rf 0 ; ";:r:oand:2%.bITI1a67I'Ld,Zi7672[1'. S•plarnbar 25,2018 .. I Ra4aed January M.2018 • ,; ! i • ,.., Lel 101, . '147: let Ill '93317 •, 1 •vZ,de . ... . , li_...\\) r 41 lat-tt ,IL . • . -,.-. g xn . il • . ." A '§;§ MOTES • , ii, Id let 101-C 1. All Mod 2„,,,,„We...,ellgilllad fTom th•Rota of Hoye,flood Man.A.....moot Tool whIeli c11••••,1•ct . Ill lot;thin 1.011.Community Noma•Community Rumba... . I I ,Mtn 6019F wIlh on Wean 0ota of 09/29/2017. . , . , r.• L.. .r.-_-,f.....-.7. . .1b • Lal 1Itt-A 4a1.1e1,9 ( . • . ' . . 71,5 ”,....f- '..., — ......2 e 1-; =-- ............* .____, • MAMALAHOA , .,1.11G1-1WAY ''2-2'G "'' 'tr7:11437fer 123i , th.. - Tao Mop lf,t(5)6-4-017:04.3 ....L. 51091 21 a 36 .S.25 Sq.ft • • I ?tii9 OCT 3 All 10 2� CHANGE OF ZONE APPLICATION;;;,;;;; ,; :,;Mr-NT LOCI':,-I' Li' f-i1;'A';,l l COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: 64-560 Mamalahoa LLC APPLICANT'S SIGNATURE: NIGH DATE: — ADDRESS: P.O. Box 156 Kamuela, 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: Purchaser of Parcel LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Jonathan P.Spies, Manager PHONE:(Bus.) 80&367'6991 (Res.) (Fax) LANDOWNER(S): Violet G. Mendes Trust-Howard L. Mendes,'Trustee 25-2p)g ,�f 1 i • LANDOWNER SIGNATURE(S): (� WWII)c�Q 5`) DATE: '' (May be by Ietter) LANDOWNER(S)ADDRESS: 21429 SW Ferguson Ter. Sherwood, OR 97140-9452 REQUEST: A-40a TO FA-1 a (Existing zoning) (Proposed Zoning) TAX MAP KEY: .(3)6-4-017:043 STREET ADDRESS OF PROPERTY: 64-560 Mamalahoa Highway Kamuela, HI 96743 SIZE OF PROPERTY OR AFFEC["ED AREA(S)TO BE REZONED: 10.94-acres AGENT: Zendo Kern Planning Consultant ADDRESS: 194 Wiwoole St_Hilo,HI 96720 TELEPHONE:(Bus.) 808-333-4734 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. 2 0 9 0 8 Exhibit ie ATTACHMENT AgthulturalR ezonbg PLANNING DEPARTMENT COUNTY OFHAW AL APPLDATDN FOR CHANGE OF ZONE • I. Ifyourrequesth approved,do you blend to subdivide the subct hnd b accordance with the approved change of zone? Y-C Ifyes,phase answerthe restofquestbn 1 and then t.questbn 3. a. How m any aces ofthe requested area do you blend tp subdivide? a.A b. Int.whatbtsizes? 6 act +/- c. Ifyourxequestis approved,appmxm ably how bng aferthe date ofapprovaldo you expecttb subm ityoursubdtrsbn plans to the Planning Departrnentf.rpIElminaly'appmvar 2- PlibANA d. D o you iitend th bulli houses on the newly created bts? No Ifyes,phase answerthe iblbwbg questbns: 0 n how m any ofthose.bts? Atw hatapproxur ate pthe range? House Lot Total Appioxin ately how bng,aferapprovalofthe subdivsbn, would the fi thouse be avarlabh froccupancy? Ifyou intend tb subdivide,phase subm ita prel>n bar'schem atic subdivsbn plan togetherwith yourchange ofzone applicatbn bun . 2. Ifyou have no firm plans ofsubdiriling the subctarea, do you intend to: a. S ellorhase the land to som eone who has flint plans? _ b. S e]lorlaase the land to someone who has tentative plans? S ellorhase the land th som eone who has no plans? _ /k �N/ d. Keep i� !V A e. 0 ther tihase state) P.0.2 5/8 4 • f. Ifyou intend to do eithera, b,c,phase ehborate on the kind ofphns the otherparty has.P base, aho ,halide in your answerapproxin ate]y how soon afl rapprovalofyourrezoning do you expectto transferthe subcthnd to anotherparty. 3. Do you think thatyourrequestand yourfurtherphns forthe hnd ,f w�aIbvite the bcalhousng sivatbn? 7e How? 'MGI- w i 1\ ,lh.�. 'cacti)-fain et\ '�ac��ck/0(15 rim.) �u,�`e_ ctinraa 1iab4P v Pubhk dingy In.We- At- d- "yip 314talke 5;z ai i0k. ava)Ii�tbk.. t>n dam- wed 4. Are there anybuiliings on the subctarea? cs Ifso, whatkind? `The,c., i S alA 6>ci54+, 5tK,1C-- a&si1ly dwa)lJ • W hatdo you intend to do wih those burlings ifyourrequestis approved? d )),;� wl )I t rYiairt as j5 5. Is the subcthnd cunentlybeing used iflrany agrbultualactisribp Yei Ifso,phase]istthe kinds ofproducts grown and on how many square feetoracres ofhnd perproduct 6. W as yourrequestto albw forthe creat on ofsm albragfcultural bts? 1' If so, did yourplan inclyde the folbwing consiierataons? \fo a. Commodity tobeproduced? No W hatkinds ofcom m odi? b. Suitabnlityofthe proposed ht-size forthatcomm odd? c. Suffrpntfaun size to albw reasonabh chance ofsuccess i1 comm ere$lagricu]tue? No -2- d. Agricultuialbases orotherfoun s ofassuiance thatpotentisl buyers orhases would putthe subctarea into some form of h1 agrirulluraluse? 0 Phase state the proposed type ofanangem ent Phase submityouragriculhrralpl3ns forthe subctarea and presentevdence ofconsiienataon ofthe above requinem encs together with yourrequestbra change ofzone. Ifyou do notiitend to subdirrie the subctlhnd forsom e sortof agfculhrralpurpose,phase state yourotherreasons. 7. To yourknow bdge,has there been any fbodirg and/ordraiaage pmbbm on the subctarea? YO Ifso,phase descrbe the problem , k eF} 2-owe- a-5 ;•n c � bar,lF.� me" 2r- w+�al9c un be, eel r.te�zswvs w 8. Do you think thatthe mads hadirg to the subctarea needs No in provem encs? Ifso, whatkind? Is the mad adequate for the proposed ball vobm e orbad? CIA9vcelt., 9, W hatsortofgovernm entalasssiance andlbrin pmvem encs do you feelwill be needed in the subctarea when devebped? Yes No a. Schools K b. Roads x c. Sewer X d. Drainage X -3- Yes No e. P olbe P mtectiJn n f. Fie P mtect inn g Recreat bnalFacililfes h. PubkUt,� s x r. Other Forthose checked 'yes",phase ehboratewhattipe orkizds ofmpmvemencs and/orassistance am needed. Sijnatum: Address: /q Lovv0016 .g M/,'. f672D Teephone: • gag-333 y73i( Date: /a/A, -4- TO WHOM IT MAY CONCERN: As landowner and/or purchaser(applicant)of parcel identified by TMK:(3)6-4-017:043, hereby consent and authorize Zendo Kern of Zendo Kern Planning Consultant to file and process' a Change of Zone Application on my behalf. BY: LPAMIS--4-41-2-C-20 LCi. Violet G.Mendes Trust (DATE) Howard L.Mendes—Trustee (Landowner) � BY\,)&. .1�.r.�:.. _ A I- I 1 212018 &4-560 Mama : •: kLC (DATE) •nathan P.Sp - anager (Applicant) J COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-40a to FA-1a) 64-560 MAMALAHOA LLC WAIMEA, SOUTH KOHALA, HAWAII TAX MAP KEY: (3) 6-4-017: 043 I. INTRODUCTION 64-560 Mamalahoa LLC ("applicant") is requesting the rezoning of 10.94- acre parcel of land from the Agriculture (A-40a) to Family Agriculture (FA- 1a) district in Waimea, South Kohala, Hawai'i. The property is located at the northerly side of the Mamalahoa Highway, approximately 0.42 miles west of White Road and approximately 150 feet east of Pu'u Manu Place (Figure 1). The subject property is located approximately 1,400 feet east of a 5-acre site identified by TMK: 6-4-018: 087 which was recently rezoned to the FA- 2a district (REZ 13-102). If approved, the applicant intends to subdivide the 10.94-acre parcel into six (6) lots, consisting of approximately of 1.6 +1- acres each (Figure 2). The newly subdivided lots would be offered for sale to the general public, additionally the twenty percent affordable housing requirement will be adhered to. Due to the shape of the subject parcel the applicant plans to build a private road as defined in Chapter 23 Section 23-88. Nondedicable street; private dead-end street to access the subdivided parcels. Chapter 23 Section 23- 88. Nondedicable street; private dead-end street; allows for a private road to be acceptable if the road accesses no more than six (6) lots and the lots are no larger than 3-acres. Due to the shape of the parcel, minimum lot width requirements, and acceptable roadway standards the maximum lot density would be no more the six (6) lots. II. PROJECT LOCATION As noted earlier, the subject property is located at the northerly side of the Mamalahoa Highway, approximately 0.42 miles west of White Road and approximately 150 feet east of Pu'u Manu Place. The subject parcel is identified by TMK: (3) 6-4-017: 0143 (Figure 1). The entire property is rectangle in shape, extending length-wise from the Mamalahoa Highway in a northerly direction. 1 • . 6-•-17 3RD DIV • I6.2i.35,3I "T•^a"•��••• LAr oe I ?II' Le .••• r.... •n.`✓) ...-.0 ,... 0 ski sx�w^Q L...�® G?- .ae.. r z ;.,:23:::q.,,-8 /0 �J .c) ~�Y-.•'-.4.... ......... 0' ~00 --...... ® ) A,A.e.M.".•'-/ k—i-- • -_ - /I,a Augr.• _ _ ^.,— • • r Y 52 A. • i' .1'1 I e••.e f n1 \ A 036 . A OW. ': ;9 h ..0 99L;.III•r•, t II .,`�� ' t�� SIP ,•••�v IIA •.•.y O a)1 t• •y.';�3I a // �\ W IQ3 ar.ef•r- j / QQ SIC. �L•Law. f ., ,. ...• :L /.�li•a.Yr l ¢ nuu Lel • . .i % 22CL .as IV/: z I ® I. l• ® • 72 q;,' I M../11.4•1.. `•.•a• 12 9 If':;/ ro 1104.1 : [ 73•.`: ., . 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'3e.a �s a• r ly''t i0.•. Ty.. ;r..•, ..••:22• �,/F AY a /are.M1 Pv//a/ lY.'Jai OllSS ce.�rv��n Ilw, e /9 wo. -o,em.e - .v,o�,v ie.,,.,dwrvM; I A.r OG S P: 1L/ ” r r -l"'" ZuS tr 12u�r•h�n.. ro. a•v-•-•'•• L.A. _ /L 5410.01.5011 Of TAXATION ,••rN.,ice•A-I" Nora Pam ."Or.1311,.. k' MARS �'... e• -MSC ••••y••, -•°a dr..d ry s a..MCM./.••,.,W r i ,• S R 12 f../,•w•..4,•w/ TAXA IONHAWAIIDURUM rrni:aiaiC. -Van-rx _e. /LAT /I d.M1evAmen•,•/ ate— AP : A,,,,•.a e.//r./-f LA...We 22,2;692 ,,w��rll,.��.��.s.. IAA TAX AMP ri.:=7Lyv/./ - TMagO TALTION DIVISION LA........ a -+,o zona sec RAT R FOR REAL•IOITY TAXATION IUIPOSU 6 4 17 - !UI]TC7 TO CNANGI PLL PUUKAPU Fp.mHOMESTEADS, 2nd SERIES, S. KOHALA, HAWAII /ormer// p6-4-02) KALI.IN- 200 CT 110 I PUUKAPU o. PASTURE 6,6-1—ream -r'.. so \iitl PUUKAPU HOMESTEADS AM-1n 85 LA 121-0 Lot,?w lb 0] i . • • 'S E C O N D. R I E S • ! TFn 8 an 2. S n1r• �1� d a / U RAN SNOWING ME PROPOSED SUSOIWSON OF J o a: REMAINDER LOT 99 • ° FOR REZONING INTO LOTS 99-1 TO LOT 99-6, INCLUSIVE 1v AND ROAD LOT A • - N a - BEING A PWTTO1 OF W GRANT 6857 TO UGHN CNESESORC, n2�-10a 63 Y CF PUUKAPU HOMESTEADS-SECOND SLOTS. o ^ WNMEA.SCUM KOHALA,I.ANO OF HAWAII.HAWY x 7.. 8 . Sarver and Plan by Nand Su01.1y.I Ine. ,N P O.130,1 4215,Hee,Howell 96720 •' / SoP1t14te 21 1016 LO1 99 LCI 101 o O. go W o H WI d z • 70121-130 0. ° o I tit /SS. ° 1 a, El 5.. .� l �s. ") . . \ • • ./ ee . 1 el / v o ,200 o'-1no� r t. Aa11s 1 1- MAY i°r ht.m.9 l 646.•be T•Hob•of �d+� •• 1,rn-c AA MAY .MP� `/�,rd led oh.0...1 3 MI5 MOW d1A.,.r...One cavemen, 02/10/.7 i n 1 8 10 S Se • z D 22010 In. C . 15 . cy 0. ......, ._ • ----- s^ I f `- r - me1•dn As MAMALAflOA"2'—J606 ICHWAY \- 1...6.6.'"n _• I I Figure 2 Tot Yap B.$(])6-4-017:043 ••'•r Sim 21'W:36'.525 5ry FL , • I III. PROJECT DESCRIPTION • A. Project Concept and Components . The subject site consists of 10.94 acres and has a single-family dwelling located on the southerly side of the property. The applicant wishes to rezone the property from A-40a to FA-1 a in order to subdivide the parcel into six (6) lots. As the proposed subdivision map shows, each lot would be approximately 1.6 +1- acres in size (Figure 2). The subdivided lots would be accessed via a newly constructed private road with a 20-foot wide right-of-way witli 16 feet of pavement. Due to the shape of the parcel, minimum lot width requirements, and acceptable roadway standards the maximum lot density would be no more the six (6) lots. The intent of the rezoning and subsequent subdivision is to create family-agriculture lots that would be affordable for people to purchase. There is a need in the Waimea area for smaller sized agriculture lots that local families can afford to purchase; therefore, the newly created lots would be sold to the general public. The proposed request conforms to Chapter 23 Section 23-88. Nondedicable street; private dead-end street.: "(a) A private dead-end street may be established upon approval of the director. The street shall provide access to six lots or less conforming to the minimum area requirements set forth in this chapter and shall be restricted only to residential lots and those agricultural lots zoned for less than three acres." Due to the fact the applicant is requesting a zoning of FA-1a which could allow as many as ten (10) lots to be subdivided the applicant would be agreeable to have a condition to limit the number of subdividable lots to six (6). This condition will ensure the intent of this request and allow the subdivision to conform to Chapter 23 Subdivision Code. The Department of Water Supply (DWS) has confirmed that ten (10) additional water units are available to serve the subject parcel; however, the applicant would only utilize six (6) of the water units in the creation of the six (6) lot subdivision. As such, the applicant will install a water system meeting the standards set forth by DWS as well as required fire protection. 2 It is understood that the subdivision-plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate county subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicant hopes to secure county rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the later part of next year (2019). The estimated cost of improvements forithis project will be approximately $250,000.00 based on the necessary improvements. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated Agriculture. Based on the lot size, no State Land Use Commission action is required. The County bof Hawai'i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map show the subject property having dual designates, approximately half of the site to the north is designated as Extensive Agriculture and the remainder of the site to the south is designated as Important Agriculture Lands. These designations allow consideration for uses that are agriculture and very low-density agriculture-based residential uses. The proposed FA-1 a subdivision resulting in six (6) lots would be consistent with both the Extensive Agriculture and Important Agriculture Lands designations. As such, no General Plan amendment would be required to effectuate this project. Further, the project will have to meet the affordable housing requirements per the General Plan as well as contribute "Fair Share" contributions for each lot. The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. 3 For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision and construction of dwellings. More important however, longer-term opportunities would be created largely in the form of small-scale family-agricultural farms. In so doing, the resultant project should add revenues to the county and state coffers. • The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies - five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. 'Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise; any noise-generating facility, such as air conditioners, would be carefully placed to' minimize their noise impacts to adjoining properties. The subject parcel is partially located within a flood"zone; all required mitigation measures meeting the approval of the Department of Public Works will be adhered to. Further, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site doe not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the state and/or county have been received. While there have been sightings of the Hawaiian Hawk (1'o) or the owl (Pueo), this area isnot their primary habitat. Therefore, the subject project should not have any significant impacts on rake or endangered plant or animal life in this area. 4 • As the FA-la zoning would allow a dwelling, the project will indirectly fulfill the objectives of the housing element by creating five (5) more lots. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions—will be used in a.manner where it blends with the existing terrain. The proposed project will also be required to meet the affordable housing requires set forth in the General Plan which will further positively impact the housing needs of the area. As the project site is more than five (5) miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Additionally, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already via a county road and accessible by emergency vehicles. Schools and other publiclfacilities are also located proximate to the site, most of them being less than 2.5 miles away. - Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services, and utilities, access, and public need . • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required 5 • Rural-style residential-agricultural developments, such.as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Agriculture designations of the LUPAG map. It would also be generally compatible with the surrounding area. There are many one (I) to five (5) acre lots proximate to the subject site. The soil of the site is classified "C" or fair by the Land Study Bureau; therefore, while the resource is not high, there still is some agricultural potential. This request however, should actually encourage more intensive agricultural activities on the site. The lot size would be conducive to the applicant's needs for a residence and family type of farm for its family members. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. As previously noted the flood issues relating to the parcel will be mitigated during the subdivision process. C. South Kohala Community Development Plan (SKCDP) The South Kohala Community Development Plan (SKCDP) attempts to further define the General Plan and serves as a guide for decision- makers. The subject property is located within the SKCDP Waimea Town Conceptual Plan which shows the property being within the "Small Farms & Ranches Preservation Program". The proposed request would appear to be mostly consistent with the intent of the SKCDP as well as the "Small Farms & Ranches Preservation Program". The request does not change the land from its agriculture designation; based on the lots sizes they would be prefect for small farms as well as small scale ranch activitie . Additionally, by allowing the change of zone request and subsequent subdivision more families will have the opportunity to own their own parcel of land to live and farm. There has been an increasing trend of small-scale farming or self-sustainable farming. The following goes into greater depth on how the proposed project works within the KCDP guidelines: 6 Waimea Policy 1: Preservation of Waimea's Sense of Place Discussion: The proposed request will not take away from Waimea's sense of place; this section of Waimea, as many homes in the area are used for residential and agriculture purposes. Creating five (5) additional Family Agriculture lots would appear to be conducive with this policy. Further, the ability for families to be able to buy a parcel of land, build a home, and farm is true to Waimea's character and sense of place. Waimea Policy 2: "Responsible Growth" Strategy 2.1 states: "The County should carefully evaluate ands condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea-- Time will be needed to implement a number of important open space preservation tools and programs, including acquisition offee interest or conservation easements for important pu'u and some of the East Waimea farm and ranch lots. While these tools and programs are being put into place,private lands that are currently zoned A-5a, A-10a, A-20a, or A-40a should retain their current zoning. Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. " Discussion: The subject parcel is very long and narrow, it is not desirable for 1. large scale agriculture; furthermore, the lot would not be a prime location for open space based its size and the size of the adjacent properties. There is a strong need for affordable lots in Waimea that still have agriculture potential for small scale farming or home farming. The proposed request will make five (5) additional lots available which will help with the demand for housing. Many of the agriculture zoned lots in this area are five plus acres; by default the cost of a five plus acre parcel is considerably more expensive than a 1.6 +1- acreP arcel. While there are a few residential zoned lots available to prospective property buyers in the Waimea area, these lots cannot be used for agriculture. There appears to be a need for smaller size lots that can be used for both residential and,agriculture uses; the proposed Family Agriculture zoning will help meet this need. Furthermore, this project meets the concurrency standards set forth in Chapter 25, availability of additional water in Hawai'i County is challenged and many parcels that have the potential for a rezoning to create additional lots cannot move forward due to lack of water. This project has ample water to serve the newly created lots and d provide fire protection. This needs to be considered when evaluating the policies and strategies of the KCDP. The KCDP states that"Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lois or less that may assist families in allowing their children to obtain individual properties. This project will make affordable lots available to the public and will also have to comply with the affordable housing requirements per the General Plan. This project could also be considered an agricultural cluster subdivision, in the sense that it does create a small cluster of agriculture lots on a parcel that would not be desirable for large scale farming. Further, the KCDP allows for four (4) lots to be created to assist families for estate planning purposes. While this project is not for family estate planning purposes, it will help provide an option for families in the area to purchase an affordable agriculture lot; in addition, the request will create six (6) lots which is not much greater than the four (4) lots allowed within the KCDP. In this case there is a sound argument that the benefit provided by the proposed project • outweighs the alterative of leaving the parcel as is, especially based on the lot configuration and the fact that is isn't being used for viable agriculture nor has not been for many years. Lastly, Strategy 2.1 of the KCDP does not mandate against the proposed request, it states the "The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea. In this case, the request would not negatively impact important agriculture lands,,or any culturally, visually, and environmentally important open spaces or resources in the Waimea area. Again, based on the criteria outlined above the benefits of the proposed request outweigh any potential negative impacts. Waimea Policy 3: Environmental Stewardship Strategy 3.1 Protect Important Agricultural Lands Discussion: The proposed project will not change the land use designation out of . agriculture, the rezoning and subdivision will preserve the lands in 8 agriculture. Therefore, the request is not contrary to this policy, in fact it will allow the agriculture lands to be more effectively utilized for agriculture actives by creating smaller family agriculture lots. Finally, the proposed project will not have a negative impact with respect to environmental stewardship. The project will utilize individual wastewater systems that meet the requirements of the State Department of Health. The required infrastructure (roads and water) will be minimum as the right-of-way will be 20 feet with 16 feet of pavement width, this impact is minimal based on creating needed affordable lots. Waimea Policy 4: Develop Affordable Housing for Waimea Discussion:. Affordable housing is an issue for most of Hawai'i County, affordable agriculture lots in the Waimea area are hard to come by. This project will make five (5) additional lots available that will be affordable compared to other larger agriculture lots. Based on the Family Agriculture zoning and size of the proposed lots, families can live and farm on the same parcel of land. This will give families an opportunity to create additional income from various small-scale farming and/or grow their own crops for personal and family'use thus creating a more affordable living situation. Further, the proposed project will have to meet the county affordable housing requirements, thereby helping fulfill this policy. The project will also be subject to "Fair Share" which will help fund other needed elements such as parks, roadways, etc. While this is not technically an affordable housing project, it will help meets the goals of this policy as outlined above. D. County Zoning The county zoning of the subject property is Agriculture (A-40a). Although there are a number of A-40a zoned properties in this vicinity, the majority of the surrounding properties are zoned A-5a and A-1 a. As noted earlier, the subject property is located approximately 1,400 feet east of a 5-acre site identified by TMK: 6-4- 018: 087 which was recently rezoned to the FA-2a district (REZ 13- 102). (Figure 1) If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision.Codes. 9 . Notwithstanding the subdivision requirements, all uses and standards consistent with the requested FA-la zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean, it is more than five (5) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. The site was previously bulldozed and used for both residential and agriculture uses. In the event any archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning , Department will be secured before work resumes. If needed,Ian archaeological monitoring program can be instituted-during any land clearing activity. The proposed action will eventually involve the construction of improvements (particularly dwelling units) in a rural setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at most, five (5) additional single-family dwellings. • Based on the configuration of the location, size, and configuration of the parcel scenic and open space resources would not be affected. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over five (5) miles from the ocean. Notwithstanding the distance, the nature of the project— Fam Agriculture —and the construction of only five (5) additional private wastewater systems is such that any potential coastal ecosystem impacts should not be found. The proposed action will result in creating the potential for Family Agriculture lots in this area. This should thus provide additional opportunities for housing and agriculture activities. In so doing, the project could aid the general economy and the overall economic use of this site and the area in general. • 10 Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the"authority" ori approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-la, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would 13e consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MAZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become availablethrough the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one (1) at the time the application is filed and again, prior to the public hearing. • Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No J 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval,I Building Permits and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The entire property is rectangle in shape, extending lengthwise from the Mamalahoa Highway in a northerly direction. The subject parcel is accessed via the Mamalahoa Highway which is a county owned roadway. The site has one single-family dwelling occupied by the applicant,,other than the single-family dwelling the site is vacant of any other structures. The site is situated at about the 2,900 foot elevation level. The site • rises from the Mamalahoa Highway, with the highest point being at 11 the northerly end of the property. In spite of the gradual rise, there does not appear to be any topographic constraints.in developing and utilizing the site for six 1.6 +1- acre sized lots. There are homes proximate to and within the area leading toy the subject site. The general area has more of a rural residential feel to it. B. Soils and Topography The Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site is designated "C" or"fair". According to the Agricultural Lands of Importance to the State of Hawai'i (ALISH) classification system,,the subject property has dual designations. Approximately half of the site to the north is classified as "3" (Unclassified) and the remainder of the parcel to the south is classified as "1" (Prime Lands). The U.S.D.A. Soil Survey Report identifies subject property as having dual soil designations; approximately fifty (50) percent of the site on the northerly side is designated as: "Palapalai Series(PLC)". This type of soil consists of well-drained silt loans that formed in volcanic ash to a depth of approximately 60 inches. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. The farmland classification for this soil type is "not prime farmland". The remainder of the site to the south is designated as Honokaa highly organic hydrous silty clay loam. This type of soil consists of well drained highly organic silty clay loam from ash fields over lava flows to a depth of approximately 80 inches. Permeability is moderately high, runoff is medium, and the erosion hazard is slight. The farmland classification for this soil type is "prime farmland". The subject parcel is rectangular in shape with the topography sloping in a north to south direction, with the lower portion being at the southern end. The slope appears to be approximately eight percent. C. Natural Hazards • 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the majority ofIthe project area as Zone "X" (areas outside of the 500-year flood). 12 Portions of the southerly side of the parcel are designated as "AO'. Additionally, there is an unnamed stream that intersects the parcel which is classified as being "AE" zone. Based on the FIRM map overlay on the proposed subdivision map three.(3) parcels are affected by the "AO" zone. Proposed lot 99-1 is affected by the "AO" zone; however, the existing single-family dwelling is located within the "X"Izone. Proposed lots 99-2 and 99-3 both have flood zone "X" and "AO" designations. Each lot is configured in such a way to allow a minimum building area of 10,000 square feet to be located within the "X" zone. Further, the parcels that are intersected by the unnamed stream are laid out in such a way that no mitigation measures to the stream will be necessary except for where the roadway crosses over. That being said the road will be constructed in such a way as to not affect the water flow and allow for safety. and meet the roval of ents will be engineeredpp All improvements P the Department of Public Works. Based on conversations with the Department of Public Works, development of the parcel can meet their requirements. 9 Miti ation measures will be taken to ensure the proposed lots and infrastructure will be designed and constructed such a way to ensure safety, sound infrastructure, and inhabitable parcels. Additionally, the proposed Change of Zone Application and subsequent Subdivision was discussed with the State Department of Health (DOH).The DOH had no objections or concerns regarding the installation and usage of individual wastewater systems on the proposed lots. Pursuant to county drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 8, on a scale of ascending risks 9 to 1, 9 being the lowest risk and 1 being the greatest risk. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains 13 certain structural requirements to address the relative seismic hazard. All structures would have to comply p y with this standard. 3. Tsunami Hazard As the site is located over five (5) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or fauna resources of the site, the applicant does not believelithat rare or endangered floral or fauna resources are likely to be found within the subject site. Cattle grazing and residential development removed the original flora and fauna resources of the property. Other than landscaping'done by the applicant, the site's vegetation is mostly dominated by grazing grass typically called "Kikuyu" and clover as well as some invasive weeds. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation however, it would be possible to find the Hawaiian Hawk (l'o) and the Hawaiian Owl (Pueo). Further, the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources As the site was formerly bulldozed and cleared, no commissioned archaeological survey of the site was made. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. In addition, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent.Hawai'i State Supreme Court's "PASHI and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian 14 gathering and fishing rights must be addressed. Specifically, there must be a discussion of the.cultural, historical, and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today In the event legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. H. Water and Coastal Resources The subject site is located well over five (5) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non- coastal property, no coastal access will be affected. Septic tanks or their equivalent meeting with the approval of he State Department of Health will be installed in conjunction wi{h the construction of any dwelling on the site. Noise, Air Quality, and Dust The newly created lots will be accessed via the Mamalahoa Highway. The existing ambient traffic level in this area is moderate to high depending on the time of day; therefore., the corresponding noise level should be negligible. With the completion of this project, the noise level is not anticipated to increase significantly. There may however, be short-term noise impacts associatediwith the construction of any required infrastructure or dwellings on the proposed lots. In that event, contractors will be required to comply 15 with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only five (5) additional units. Further, with higher EPA standards for automobile air emissions, the air quality impact should not be significant. As such, with the exception of potential construction dust associated with any future dwelling, the short and long-term dust generated by the project should be minimal. Construction dust however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site; however, there were a few examples cited in the Waimea area, such as the view of the Kohala Mountains. In this situation, the views of Kohala Mountains from the Marpalahoa Highway would not be affected, as the newly proposed lots sit at an elevation that is much lower the mountains. In addition, the subject site is situated on the "flat" portions of Waimea; therefore, there should be no scenic or visual impact from the proposed subdivision. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural in nature with a mix of residential, grazing; and farming uses. The subject parcel has the following surrounding zonings: to the north parcels are A-40a, to the east parcels are zoned A-5a and A-1-a, to the south parcels bre zoned A-40a and A-5a, and parcels to the west are zoned ki40a and A-1 a. The subject property is located approximately 1,400 feet east of a 5-acre site identified by TMK: 6-4-018: 087 which was recently rezoned to the FA-2a district (REZ 13-102). The subject property is located approximately 2.8 miles fromithe Waimea Town Center, which includes commercial areas, schools, 16 hospital, public safety services, and various parks and recreational facilities. Given the existing and zoned conditions, the proposed rezoning and the six 1.6 +1- acre lot subdivision would not be incongruous with the existing rural pattern of this area. B. Economic Impacts The requested zoning would have some measure of limited economic impact, as it would make five (5) additional fee simple lots available. These additional lots will create an increasedproperty tax base for the County of Hawai'i. In addition, it will eventually create some short-term economic impact with the construction of new single-family dwellings. This will create construction jobs as well as purchases from local suppliers. Lastly, albeit a small impact, the new lots will create the need for services such as landscaping, maintenance, and the like. This could help with the area's economy. C. Agricultural Impacts e continues As noted earlier, the site has been and oinues to be used for t some limited measure of agricultural activity in the form of cattle grazing. In that regard, it has been granted an agricultural usage assessment. Notwithstanding the limited agricultural use of the subject site, the surrounding properties that are zoned either A-5a or A-40a are used for limited grazing or agricultural activity. Thus, the creation of five (5) additional lots should not diminish the site's agricultural potential nor have an impact on any active farms in this general area. Furthermore, by allowing the proposed subdivision more families will have an opportunity to own a home and engage in farm related activities. Small farms have become very-popular and allow"for a needed mix of farming and living on the same property. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from the Mamalahoa Highway which • is owned and maintained by the county. The subdivided lots would be accessed via a newly constructed private road with a 20-foot wide right-of-way with 16 feet of pavement. Due to the shape of the subject parcel a 20-foot wide paved road would be the most 17 • advantageous to creating six (6) usable lots. The proposed request conforms to Chapter 23 Section 23-88. Nondedicable street? private dead-end street. B. Water There is a county water line fronting the Mamalahoa Highway and currently serving the existing single-family dwelling on the sdbject property. Additional water meters will be required to service the newly created lots. The Department of Water Supply has said that they would make as many as ten (10) additional water meters available for the project. C. Wastewater There is no county wastewater system in this area. As noted earlier, septic tank systems meeting the approval of the Department of Health would be allowed in this area. This will be done by the respective landowner in conjunction with the construction of a dwelling. The proposed Change of Zone Application and subsequent Subdivision was discussed with the State Department of Health (DOH). The DOH had no objections or concerns regarding th'e installation and usage of individual wastewater systems on the proposed lots. D. • Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is in close proximity to the Waimea Town Center:, it is already being serviced and no extension of government services would be required. The nearest fire station and police station dare located at the Waimea Civic Center approximately 2.5 miles away. The Waimea Elementary School, the Waimea Middle Public Conversion Charter School, as well as Kanu 0 Ka Aina Public Charter School and Honokaa High School serve the Waimea area. In addition, there are two private schools, Hawai'i Preparatory Academy and Parker School. 18 The major recreational facilities are located less than 3 miles away from the subject property, which include the Waimea Park and Anuenue Playground. Additionally, the-county has been coordinating with Parker Ranch to develop a twenty plus acre district park lin the vicinity of the Kamuela Race Track. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical sery ces are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in less than intensive level of agriculture in the form of cattle grazing. The applicant would not have an opportunity to create rural sized lots with some measure of agricultural potential for families. From a long-term productivity standpoint then, the proposed additional five (5) lots could provide a heightened level of possibility in having the land used for more intensive, although on a smaller scale, agricultural activity while providing residential opportunity for families. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has a classification of"C" or fair by they Land Study Bureau. Yet there is always a potential for possible small-scale agricultural activity on the site. It is reasoned that the creation of the six-lot subdivision should help foster and not remove this land from its agricultural potential. 19 Further, it is not likely that the site has any significant archaeological features, this is evidenced by the prior grading of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant intends to make improvements if required, generally consistent with the subdivision process. Further, if there is any construction activity, contractors will be obligated to comply with appropriate state noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the state and county) and clearance will be secured before work is resumed. As noted earlier, the.Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the majority of the project area as Zone "X" (areas outside of the 500-year flood). Portions of the southerly side of the parcel are designated as "AO'. Additionally, there is an unnamed stream that intersects the parcel which is classified as being "AE" zone. Based on the FIRM map overlay on the proposed subdivision map three (3) parcels are affected by the "AO" zone. Proposed lot 99-1 is affected by the "AO" zone; however, the existing single-family dwelling is located within the "X" zone. Proposed lots 99-2 and 99-3 both have flood zone "X" and "AO" designations. Each lot is configured in such a way to allow a minimum building area of 10,000 square feet to be located within the "X" zone. Further, the parcels that are intersected by the unnamed stream are laid out in such a way that no mitigation measures to the stream will be necessary except for where the roadway crosses over. That being said the road will be constructed in such a way as to not affect the water flow and allow for safety. All improvements will be engineered and meet the approval of the Department of Public Works. Based on conversations with the Department of Public Works development of the parcel can meet their requirements. Mitigation measures will be taken to ensure the proposed lots and infrastructure will be designed and constructed in such a way to ensure safety, sound infrastructure, and inhabitable parcels. 20 Pursuant to county drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built if necessary, in conjunction with the appropriate permitting process. Further, any and all required grading or grubbing work would be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Additionally, the proposed Change of Zone Application and subsequent Subdivision was discussed with-the State Department of Health (DOH). The DOH had no objections or concerns regarding the installation and usage of individual wastewater systems on the proposed lots. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its limited cattle grazing and residential status. Moreover the need for more affordable housing options with agriculture potential would be lost. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as RA-.5a given the LUPAG classification of Important Agriculture Lands and Extensive Agriculture for the site and the availability of county water. This zoning category would arguably be consistent with some of the surrounding zonings. Such an approach however, may not be the best density for the subject parcel. Given the nature of this area the requested density of FA-1 a would be consistent with the overall make-up of the community and other change of zones in the area. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative 21 • measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General,Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-la alternative: IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawai'i.` It provides direction for balanced growth in the county. The LUPAG map designates the site as both Extensive Agriculture and Important Agriculture Lands. This designation allows the requested FA-1A zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term'economic opportunities largely through the construction of any improvements required for the subdivision and construction of dwellings. More important however, longer-term opportunities would be created largely in the form of small-scale family-agricultural farms. In so doing, the resultait project should add revenues to the county and state coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is • important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State 22 Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, any noise-generating facility, such as air conditioners, would be carefully placed to. ' minimize their noise impacts to adjoining properties. As noted earlier, the subject parcel is partially located within a flood zone, all required mitigation measures meeting the approval of the Department of Public Works will be adhered to. Further, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have historic sites due in large measure to the prior grading activity on the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the state and/or county have been received. While there have been sightings of the Hawaiian Hawk (I'o) or the owl (Pueo), this area is not their primary habitat; therefore, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA-la zoning would allow a dwelling, the project will indirectly fulfill the objectives of the housing element by creating five 1(5) more lots. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective cont where ions—will.be used in a manner whe a it blends with the existing terrain. The proposed project will also be required to meet the affordable housing requires set forth in the General Plan which will further positively impact the housing needs of the area. As the project site is more than five (5) miles from the ocean, the usual coastal resources concern is not pronounced: There will be no interference with shoreline access. Additionally, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private, and the county water line exists to the site. Vehicular access to the site is already via a county road and, accessible by emergency vehicles. Schools and other public facilities 23 are also located proximate to the site, most of them being less than 2.5 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services, and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Agriculture designations of the LUPAG map. It would also be generally compatible with the surrounding area. There are many one (I) to five (5) acre lots proximate to the subject site. The soil of the site is classified "C" or fair by the Land Study Bureau; therefore, while the resource is not high, there still is some agricultural potential. This request however, should actually encourage more intensive agricultural activities on the site. The lot size would be conducive to the applicant's needs for a residence and family type of farm for its family members. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and 24 activity. As previously noted the flood issues relating to the parcel will be mitigated during the subdivision process. C. South Kohala Community Development Plan The South Kohala Community Development Plan (SKCDP) attempts to further define the General Plan and serves as a guide for decision- makers. The subject property is located within the SKCDP Waimea Town Conceptual Plan which shows the property being withi the "Small Farms & Ranches Preservation Program". The proposed request would appear to be mostly consisted with the intent of the SKCDP as well as the "Small Farms & Ranches Preservation Program". The request does not change the land from its agriculture designation; based on the lots sizes they would be prefect for small farms as well as small scale ranch activities. Additionally, by allowing the change of zone request and subsequent subdivision more families will have the opportunity to own their own parcel of land to live and farm. There has been an increasing'trend of small-scale farming or self-sustainable farming. The following goes into greater depth on how the prosed project works within the KCDP guidelines. Waimea Policy 1: Preservation of Waimea's Sense of Place Discussion: The proposed request will not take away from Waimea's sense of place; this section of Waimea as many homes in the area are used for residential and agriculture purposes. Creating five (5) additional Family Agriculture lots would appear to be conducive with this policy. Further, the ability for families to be able to buy a parcel of land, build a home, and farm is true to Waimea's character and sense of place., Waimea Policy 2: "Responsible Growth" Strategy 2.1 states: "The County should carefully evaluate and' condition, as appropriate, any rezoning that would negatively impact - important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea -- Time will be needed to implement a number of important open space preservation tools and programs, including acquisition of fee interest or conservation easements for important pu'u and some of the East Waimea farm and ranch lots. While these tools and programs are being put into place,private lands that are currently zoned A-5a, A-10a, A-20a, or A-40a should retain their current 25 zoning. Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezonings of4 lots or less that may assist families in allowing their children to obtain individual properties. " Discussion: The subject parcel is very long and narrow, it is not desirable for large scale agriculture; furthermore, the lot would not be a prime location for open space based its size and the size of the adjacent properties. There is a strong need for affordable lots in Waimea that still have agriculture potential for small scale farming or home farming. The proposed request will make five (5) additional lots available which will help with the demand for housing. Many of the agriculture zoned lots in this area are five plus acres, by default the cost of a five plus acre parcel is considerably more expensive than a 1.6 +1- acre parcel. While there are a few residential zoned lots available to prospective property buyers in the Waimea area)these lots cannot be used for agriculture. There appears to be a need for smaller size lots that can be used for both residential and agriculture uses; the proposed FA zoning will help meet this need. Furthermore, this project meets the concurrency standards set forth in Chapter 25, availability of additional water in Hawai'i County is challenged and many parcels that have the potential for a rezoning to create additional lots cannot move forward due to lack of water. This project has ample water to serve the newly created lots and provide fire protection. This needs to be considered when evaluating the recommendation of the KCDP. The KCDP states that-"Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. This project will make affordable lots available to the public and will also have to comply with the affordable housing requirements per the General Plan. This project could also be considered an agricultural cluster subdivision, in the sense that it does create a small cluster of agriculture lots on a parcel that!would not be desirable for large scale farming. Further, the KCDP allows for four lots to be created to assist families for estate planning purposes. While this project is not for family estate planning purposes, it will help provide an option for families in the area to purchase an affordable agriculture lot; in addition, the request will create six (6) lots which is not much greater than the four (4) lots allowed within the KCDP. In this case there is a sound argument that the benefit provided by the proposed project 26 outweighs the alterative of leaving the parcel as is, especially based on the lot configuration and the fact that is isn't being used for viable agriculture nor has not been for many years. Lastly, Strategy 2.1 of the KCDP does not mandate against the proposed request, it states the "The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact , important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea. In this case, the request would not negatively impact important agriculture lands, or any culturally, visually, and environmentally important open spaces or resources in the Waimea area. Again, based on the criteria outlined above the benefits of the proposed request outweigh any potential negative impacts. Waimea Policy 3: Environmental Stewardship Strategy 3.1 Protect Important Agricultural Lands Discussion: The proposed project will not change the land use designation out of agriculture, the rezoning and,subdivision will preserve the lards in agriculture. Therefore, the request is not contrary to this policy, in fact it will allow the agriculture lands to be more effectively utilized for agriculture actives by creating smaller family agriculture lots. Finally, the proposed project will not have a negative impact with respect to environmental stewardship. The project will utilize individual wastewater systems that meet the requirements of the State Department of Health. The required infrastructure (roads and water) will be minimum as the right-of-way will be 20 feet with 16 feet of pavement width, this impact is minimal based on creating'needed affordable lots. Waimea Policy 4: Develop Affordable Housing for Waimea Discussion: Affordable housing is an issue for most of Hawai'i County, affordable agriculture lots in the Waimea area are hard to come by. This project will make five (5) additional lots available that will be affordable compared to other larger agriculture lots. Based on the FA zoning and size of the proposed lots, families can live and farm on the same parcel of land. This will give families an opportunity to create additional income from various small-scale farming and/or grow their 27 own crops for personal and family use, thus creating a more affordable living situation. Further, the proposed project will have to meet the county affordable housing requirements, thereby helping fulfill this policy. The project will also be subject to "Fair Share" which will help fund other needed elements such as parks, roadways, etc. While this is not technically an affordable housing project, it will help meets the goals of this policy as outlined above. D. Zoning and Subdivision The designated zoning of the site is A-40a. Should the FA-1a zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development , standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards As the State Land Use Designation is Agriculture the requested rezoning to FA-la should not be contrary with the State Land Use Agriculture Standards. • 28 -rte .:,, MA AfATEq" S 1'' V p� p�-y q�� rye® y�� g 19t ,, X49 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII �a fa 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 A' `r ,OF HAW P��'��+` t ,_ * rr�"_ TELEPHONE (808) 961-8050 • FAX (808) 961-8657 loAl November 1, 2018 TO: Mr. Michael Yee, Director -� Planning Department FROM:Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Change of Zone Application (REZ 18-000232) -3 Applicant—64-560 Mamalahoa LLC Request: A-5a to FA-la :.) Tax Map Key 6-4-017:043 = c— We have reviewed the subject application and have the following comments and conditions. Water can be made available from the existing 6-inch waterline within Mamalahoa Highway which fronts the subject parcel in accordance with the Department's existing water availability conditions, which are subject to change without notice. Each unit of water is equal to an average of 400 gallons per day which is suitable for only one single-family dwelling. Please be informed that the subject parcel is currently served by an existing meter(Account No. 770-56400). The Department requests that the plat map be revised to show the existing meter with the meter number. The applicant will be required to designate, in writing, which lot within the proposed subdivision will be assigned the existing service, prior to recommending final subdivision approval. Should the existing meter location not front the parcel that it will serve, the existing meter would need to be relocated to comply with the Department's Rules and Regulations. The current lot configuration for the proposed subdivision, Lot 99-5 and Lot 99-6 are both situated at an elevation where water cannot be delivered at an adequate volume and pressure, under peak-flow and fire-flow conditions from the Department's existing water system facilities. Water System Standards for subdivisions allow only one (1) lot to be out of the pressure zone. To effectively comply with this requirement,the Department requests that the current lot configuration be revised. Furthermore, the applicant would be required to execute an Elevation Agreement with the Department due to one (1) of the proposed lots being located at an elevation where the Department cannot provide adequate pressure. The property owner would need to send a copy of their deed to the Department, which is used to draft the written Elevation Agreement. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the five(5) additional units requested in the proposed 6-lot development, the required water commitment deposit is $750.00. Remittance by the applicant of the $750.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please Planning Dept. . . . water, Our 914ost Precious resource. . . l�a Wai A Kane Exhibit 3 The Department of Water Supply is an Equal Opportunity provider and employer. tiz15ot Mr. Michael Yee, Director Page 2 November 1, 2018 keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. For your information, final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements,which shall include, but not be limited to: a. installation of service laterals that will accommodate a 5/8-inch meter to front each lot, b. water mains capable of providing water at adequate pressure under peak-flow and fire-flow conditions; minimum diameter of which shall be 6 inches, c. installation of a fire hydrant within 300 feet of each lot, and d. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by,the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should' they be necessary. Submit construction plans, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance,.which is subject to change, as shown below: FACILITIES CHARGE (FC): One (I) existing service paid Five (5) additional units @ $5,500.00/unit 27.500.00 Total FC $27,500.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed,to convey the subdivision water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within,the conveyance documents shall be accepted by the Water Board. Mr. Michael Yee, Director Page 3 November 1, 2018 Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy- 64-560 Mamalahoa LLC (w/copy of Rule 5 of the Rules and Regulations) ?FM FEB 1. 4 OT DEPARTMENT OF PUBLIC WORKS :; ,r COUNTY OF HAWAII HILO, HAWAII DATE: February 13, 2019 Nestateuedafft TO: Michael Yee, Planning Director FROM: e ment of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 18-000232) • Request: A-40a to A-5a Applicant: 64-560 Mamalahoa LLC TMK: 6-4-017:043 We have reviewed the subject request and offer the following comments for your consideration: All development-generated, runoff shall be disposed of on site and not directed toward any adjacent properties. A.drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The drainage study and improvements must be completed prior to the construction of any proposed structures. • A portion of the parcel is in an area designated as Flood Zone AO on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone AO is the Special Flood Hazard Area inundated by the 100-year flood (1% chance of occurring in any given year) where there is usually sheet flow on sloping terrain for which average depths have been determined. The remaining portion of the parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Any development shall comply with Chapter 27, Floodplain Management, of the Hawaii County Code (HCC). Mamalahoa Highway, fronting the subject property, is a County road. It has an approximate 20-ft wide pavement with grass shoulders al within an approximate 50-ft wide right-of-way. Mamalahoa Highway shall be improved to an 80-ft wide right-of- way according to the County's General Plan. As a condition of final subdivision approval, the applicant shall provide a 15-foot wide future road widening setback along the entire subject property frontage of Mamalahoa Highway. If or when the County re ' 15-foot wide road widening, it shall be at no cost to the County. SCANNED Planning Dept. 12F2 5 119 Exhibit BY: The driveway connection to Mamalahoa Highway shall comply with Chapter 22, County Streets, of the HCC. Direct vehicular access to individual lots shall not be from Mamalahoa Highway since it is designated as an arterial road. A shared access point shall be created. Several complaints have been made regarding the flooding along Mamalahoa Highway and along the east property line of proposed Lot 99-2. Due to safety concerns, we recommend that the applicant move the access pole for Lot 99-2 to the west side in order. to avoid accessing off the highway into a flood prone area that is already designated as a Special Flood Hazard Area, Zone AO. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the HCC. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Robyn Matsumoto at 961-8924. c: ENG-KONA • I Har Kim , ? r••m 9 �n Darren J. Rosario Mayor i . . „'�� �� . Fire Chief _ ��•T Lance S. Uchida - Deputy Fire Chief County of 9actuo.t`t HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax.(808)932-2928 November 7, 2018 • TO: MICHAEL YEE, PLANNING DIRECTOR • FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Change of Zone Application (REZ 18-000232) • Applicant: 64-560 Mdmalahoa LLC Request: A-40a to FA-1 a Tax Map Key: 6-4-017:043 • In regards to the above-mentioned Change of Zone application, the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE, 2006 EDITION • Note:Huwai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C:--,"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. , • For occupancies.of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including,'but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. • 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be,submitted to the fire department for review and approval prior to construction. odc 121667 'i e Dept.pt• Hawai'i County is an Equal Opportunity Provider and Employer. Exhibit Michael Yee November 7, 2018 Page 2 18.1.1.2 Fire Hydrant Systems. Plans-and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to.require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one-and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael Yee November 7, 2018 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. - 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more.than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C� 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C� 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C� 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. • { Michael Yee November 7, 2018 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C— 18.2.3.4.2 Surface.Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. , 18.2.3.4.3 Turning Radius. C-. 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. Michael Yee November 7, 2018 Pages 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. _ 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. • 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee November 7, 2018 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm)from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. Whentopography water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the-AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. • Michael Yee November 7, 2018 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. G 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4"for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3"for ductile Iron; d) 3' for galvanized steel. • • Michael Yee November 7, 2018 Page 8 3) The Fire Department Connection (FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. • Michael Yee November 7, 2018 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply • required may be modified. - If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at(808) 932-2911. DARREN J. ROSARIO Fire Chief CB:ds • • SUZANNE U.CASE ,i 0 F ••''', CII,\IRPFRSON C 5,.......... a Jl Oy BOARD OF LAND AND NATURAL RESOURCES DAVID V.ICE YAp,•,,1959 a....7.„,±, COSIFILSSIDN ON W,\I'ER RESOURCE NIAN,\C-NlEN'I GOVERNOR OF HA\1'A!I Ty � 2 ROBERT K.MASUDA 4 I 34.; f A .15 \ FIRSI OHM' 1 :-44 est. 7 ..( JEFFREY T.PETERSON 4'-'' 'Z—'nd V IS.-%'I s! -.tly. t'rt'Y'. ' DEFLT\DIRECTOR-W\IYR ' S C E r ,y F,•,..„...... .. .,..,,„,„'FAQUATIC RESOURCES _ 'C�+' 3- N RO,\I'4N AND OCEAN RRCRI\11(1`, "C i; y' NO)SI OFCOVNF'BC) !i 6 -q COSI IICONNLRNY\TLONA L)(()NS I'NL.'I`\NOS h1 L'N'I y _C :,'‘,(,*-1, „i; • STATE OF HAWAII COMERV,,I,O,AND ENGRESINEERING F':FOR<-E?1bNf FN)INSOURC TURES no.ANT/WILnIItE I DEPARTMENT OF LAND AND NATURAL RESOURCES16TOMK'i'RESE.RS.SOON Stale Of E(3'I`lP K:V II)(RANT.ISLAM)REL,N)ER VE CONINI LS.S It IN STATE HISTORIC PRESERVATION DIVISION SIAM 1,ORKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD.STE 555 KAPOLEI.HAWAII 96707 December 4.2018 d IN REPLY REFER TO: • Log No. 2018.02474 Michael Yee,Planning Director . Doc. No. 1812SN04 County of Hawaii Planning Departent - Archaeology I Pauahi Street,Suite 3 Hilo, HI 96720 Dear Mr. Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change of Zoning Application REZ 18-000232 Mendes Trust Oili Ahupun`a,South Kohala District, Island of Hawaii TMK:(3)6-4-017:043 . This letter provides the State Historic Preservation Division's(SHPD's)review of a change of zoning application on the subject parcel that was received by our office on October 18,2018.The applicant,Howard Mendes(Trustee),on behalf of the Violet G.Mendes Trust,is requesting a change of zoning from Agriculture(A-40a)to Residential (FA- T a)to allow for a subdivision.The applicant intends to subdivide the 10.94-acre parcel into six(6)lots,consisting of approximately 1.6 acres each. A review of our records indicates that this project area has not been subjected to an archaeological inventory survey. There are no known historic properties within or near the general vicinity of the proposed project area.The submittal indicates that there is a single-family dwelling on the parcel.The project area has been previously cleared for pasture use.There are no outstanding mitigation commitments for this parcel and aerial photographs confirm that this project area has been previously impacted. Based on available information. SHPD's determination is no historic properties affected for the proposed.change of zoning request. Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended. Therefore,the permit issuance process may proceed. Please contact Sean Naleimaile at(808)933-7651 or at Sean.P.Naleimaile(chhawaii.eov for any questions or concerns regarding this letter. Aloha, • 1I?H Laweet Alan S. Downer, PhD Administrator,State Historic Preservation Division • • Deputy State Historic Preservation Officer cc. Melissa Dacayanan,Melissa.Dacavananahawaiicounty.aov_ Christian Kay,Christian.Kay(@hawaiicountv.gov • JeffDarrow,Jeff.Darrow@hawaiicounty.gov Zendo Kern, info a zendokern.com Planning Dept. • Exhibit (p - ( . PV" "'°tea SULANNE U.CASE .- •"�F'~ft-? CHAIRPERSON DAVID Y.OF HA aP�•;��59 >"'•9.a GOVERNOR C.'HA4VF.11 \ ItO,\RU OF LAND.�\D\.\"iUR4i RF:SOL`i2C F.5 . 11.1-2,-114L, g ' COMMISSION ON WTE R RESOURCE J k5^� MANAGEMENT I t51'4\4 of�ynd and ry3r r y zJ s laF1) a —' STATE OF HAWAII SP-6k,"} a of Hag":‘ DEPARTMENT OF LAND AND NATURAL,RESOURCES LAND DIVISION ., POST OFFICE E3OX 621 I IONOI..UL.U,I IAWA[I 96809 ' • October 24, 2018 MEMORANDUM . TO: DLNR Agencies: t" ,, Div. of Aquatic Resources .. `Div. of Boating & Ocean Recreation �., X Engineering Division X Div. of Forestry &Wildlife Div. of State Parks X Commission on Water Resource Management _Office of Conservation & Coastal Lands 1 X Land Division — Hawaii District X Historic Preservation FROM: Russell Y. Tsuji, Land Administrator SUBJECT: Change of Zone Application (REZ 18-000232) —from Agriculture (A-40a) to Family Agriculture (FA-1a) LOCATION: Waimea, South Kohala, Island of Hawaii; TMK: (3) 6-4-017:043 APPLICANT: County of Hawaii on behalf of 64-560 N1amalahoa LLC Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by November 14, 2018. received bythis date, we will assumeyour agency has no comments. If no response isr eg y If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. ( ) We have no objections. ( ) We have no comments. (✓ ) Comments ar (attached.. J i_ Signed: %� Print Name: ér ('S. aing, Chief Engineer Date: / d-(2- // Attachments cc: Central Files I Planning Dept. Exhibit, .. DEPARTMENT OF LAND AND NATURAL RESOURCES • ENGINEERING 1)IVISION • LD/Russell Y. Tsuji Ref: Change of Zone Application (REZ 18-000232) - from Agriculture (A-40a) to Family Agriculture (FA-la),Waimea, South Kohata, Island of Hawaii; TMK; (3) 6-4-017:043 COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls Within a Special Flood Hazard Area (high risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the • minimum NFTP standards. • The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEM-A's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinftp.org/FHAT). • If there arc questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: • • o Oahu: City and County of:Honolulu, Department of Planning and Permitting • (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4846. Signed: CAGY C/ G, CHIEF ENGINEER l Date: (1 2-1 /( (. r , .rinimlSS/oma -74.3 t's iv) ovls-e., --fp -t-cy_.) JUo-tie SI,Ltyv1.0-4 orf _411 ca--11(n1 � ` �,sQl)`il -gra j refit Vu�) oL i!� s +° I taxi n �n q C�o�»'u'►'� � . � .. . - 1.1 Li 1,144/ c, ofr 71) h e,. ?cl C t I i fG) 1'L51 of i►'t q /04 - 5-10 'YYIa-mtil. toma -may. 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"'«y n ,+. ,,,"..„.,,%,,,,a'-- Z Yi4'K r�"$� '[+ '�..+t a ! b- $ 1 sem• ...i te,t�` ,7 r t K �'x���l�a 8 � t 1 itvT"�i�. - fsL 411 4 a� acro r x , 54- Subject g$ �' �`r 'PTY d'ysn • and Adjacent Property Flooding Pictures Submitted by Gail Onodera i . § = r , .Y a. S e5 FTS ,': .,..• S u... . . i.. .. .. v:.:H.•:,- . .:.E "W,.ku .`,zv::"- "-r..:a.1zN'a•WJ% • _jj "`"� tic fiAA-- ' � aac' 'S t, s% � 3'" � y Yt Yf "sh-yY qc as 5+ `I::•..^ .. ;.�„ • • �ks xY <`` gi_ F dam M1 4 .�Sb �� -.'�,3 v.� t F ' R-M } u `_ p� ,y� < 3 , ,T3 Y : , - up,S -,-.,:-.1"•- •1.,t..7 K ;. �-s�— r- _ Yti +U a� � > i.f� (..n° zs.? vv < - ;. ,� _ -,� ettl„ ‘',... .....;,.. .e...,,,-,,-,-,' �,,,. .-...7,---,,,-- ,-,1-‘,:41-,-;4 � vam ' F��� � p _, JnY� _"dr :"' gym. -- . M".<,,,'-';''.. gr � �, k�.."'`_ ,rs rv> i4. .4,A�C'j' � "� � �yit'M'� .ia-.. �- a,:r + ' v �F aC,�R1 .; "�y��2wi � �r . , , r ".� sauXs .' 7 ;.r;ta .:,,ba•w, , .. `' A` w zP� ✓ 'e-te _,, + . . s.r.>.:' . '-+- ..s.� w,v.-�' 4 : 3 ' . � k ;;�� t 5:-w:�:_� .. _ . -. py.r;4* 3+:: , 1,:,.i»','bux3 '� �Fz . e< 1 \.ga ,.?w < _ " - . . v • �" s H. sah'4a \. ,Y *:%t� , fi ,y% . ` �C • ,;:e4 'r'3# :- :'x, a. : . � +u, r.. ;;yk.:+# 7.7.. co ...-,,,.,,,,..s,!: <, o. ,x v imkv . at ' l..:wr X° . S4a _ me. t... $ �. '� ft�. , ;. � .a: :gx': � .. d, +'z JM,. � Flooding iresSubmittedbyGail Onodera{ 5f ...;x e.C,t7 i. . nt PropertyS .°, s; ', Sub.' APctu 1. ti -_ �- *1121 gr. r, Country Planning Division - M ,;;,, r FAX#961-8288 — �;,--�,- -----� Re: Denial of Zone Change Request—A-40a to FA-la (REZ 18-000232J - s • = O"T;• Applicant-64-560 Mamalahoa LLC TMK#(3)6-4-017-043--------"- _;-7%,_.___: u There is no need to change zoning in this area. ,f,,;:`,; ria:.,i.; :31,%!;:i !'1.j :; :; '. Waimea areas such as this should retain their agricultural zoning whiCffis-tlie'riafuiezof thit'4g31 T•:°r'0 area. Changing to smaller AG lot/residential zoning causes future amen Qwners`tb bealmost-��'' guaranteed similar changes.Add to that the inadequate roadway5_servingthecommunityr th-.... possible need for future water resources,the eventual need for more-public.servicesfrio1ice7` education,fire,and medical), and the loss of vital agricultural lands. It is a proven fact that agricultural productivity does not work for lots under 5 acres,and barely provides even any economic return for lots at 5 acres.Animal production needs a minimum 50 acres-adequate field rotation and animal breeding cannot occur on any lot size smaller. Crop producers in this area barely survive on a 5 acre lot. Furthermore, owners acquired agricultural lands for the purpose of agricultural usage,not for the cash gain of converting their properties to residential. An excuse of limited housing is not applicable for the applicant since there is more than enough adequate residential properties already existing in Waimea. Thank you. Sincerely, James J. H ce,Adjoining Owner/Small Ag farmer PO 6484, Kamuela, HI 96743 1224 8 Planning Dept. Exhibit Lk17OLP ? 19 ,IfN 1u An o 55 r i -I----h a I-t3-3;.04./X_ta j5 5/6; �_ _ `�'-s'b'o Qho2 L Q._ 4Y1 thio p4efirak --+ . • • � - 1 oLQ,-c 1,Q Gtr A...a___. / - j f1•• • At A . / . Li•_ - • •.& . Oa i I. Aa,o_____120-3,2 ,2_m_am____Lza cfm- yn.z2L.> rcu-si - a �(,11Li A, a - ♦ • • . 1 - 'ea - 1 f /Li 7 r ket O Q c-/i OJ __ • • . •_ 4 A: 0a• i -i / II!// c. _ ,1�a . ) - .Jc 1 • / — Gp ._ 8-1-,ocj _ Planning pt. 2 2 2 5 Exhibit 0 Kay, Christian From: gjibe <gjibe2@gmail.com> Sent: Thursday, February 14, 2019 10:51 AM To: Kay, Christian Subject: email sent by Bryan Ji for Gail Onodera re: change of zone request. (complaint) 20180413_142142.mp• ' VIDE00016.mp• _ _VIDE00017.mp•1111 - _3 z VIDE00015.mp•IN Dear Christian, -=i (In case the attached videos don't work, I have uploaded the videos on a private link on Youtube) I am sending this email for Gail Onodera. Please don't respond to this email. Please contact Gail Onodera directly @ 808-938-8782. 64-556 Mamalahoa Hwy Kamuela, HI 96743 (TMK 6-4-017-041) Attached will be some video evidence regarding flooding to oppose applicant applying for zone changing A40-A5a). Video 15 and video 17. July 23, 2016.Video taken from ramp of my house (Gail Onodera)facing main road (Mamalahoa) showing the rain turning the front yard into a lake. Video points to the left of the house and pans to the right of yard and shows parts of the neighborhood's yard (applicant for zone changing A-40 to A-5a)that is filled with water. Thus, I oppose the change in zoning because the area floods. https://youtu.be/N4yQsh5EtOw(video 15) https://youtu.be/gKNc9gLFpJO(Video 17). Video 16. April 13, 2018. Video taken from the back of my house (Gail Onodera). Applicant for zone changing A40-A5a house is pictured on the left showing flooding in their back yard. https://youtu.be/NmaeRlyeS c (Video 16.) Video 20180416_142142.mp4. April 13, 2018. Video is an up close look at the amount of water in the applicant's property. Notice how deep and flowing the water is onto Gail Onodera's property. Video taken from Gail's property and overlooking fence. https://youtu.be/cgbtKY jLNo (video 20180416_142142) Conclusion: Due to the flooding of this area and specifically the property asking for a zoning change, my main concern, is any changes(construction, building etc...) done on that property that does not consider the flooding run off on to our property will create even more water damage. My email is to protest or reject and changes to the zoning request. Sincerely, Gail Onodera. Planning Dept. 1 1.23258 Exhibit It_ , ZENDO KERN PLANNING CONSULTANT LLC _ 194 Wiwoole St.Hilo, HI 96720 :: ;: .. Phone: 808-333-4734 ?ti19 FEB Email: info@zendokern.com _ _ _ Q' February 11, 2019 : Mr. Michael Yee, Director " Planning Department _ • -- _ ' COUNTY OF HAWAII - 101 Pauahi Street . Hilo, HI 96720 Dear Mr. Yee: Subject: Response to Surrounding Property Owners Concerns - -- • • ---- ------- -�:.' • Change of Zone Application(REZ 18-000232) Applicant: 64-560 Mamalahoa LLC Waimea,South Kohala,Hawaii,TMK: (3)6-4-017: 043 In response to three letters received from surrounding property owners regarding the above referenced change of zone application,this office offers the following discussion on behalf of the applicant: 1. Letter from James Hustace: The letter received from Mr. Hustace references the original change of zone request from A-40a to FA-la,however the applicant has amended the request to A-40a to A-5a to create two five acre plus size lots. Based on the foregoing it appears the amended request would address the concerns brought forth regarding keeping the area in agriculture zoning. 2. Two letters from Gail Onodera,Brian Onodera and Dale Kaneshiro: Both letters reference existing flooding in the area during heavy rains,the flood map shows portions of the subject parcel being in the"AO"flood designation. This is a preexisting condition and said flooding would occur regardless of the change of zone request. The change of zone request will have a condition that states: "All development generated runoff shall be disposed of on site and shall not be directed toward adjacent properties."The applicant will be required to comply with the stated condition. Therefore, the proposed change of zone and subsequent two lot subdivision will not increase the existing flood issue referenced in said letters. Thank you for the opportunity to respond to the concerns brought forth by the above referenced property owners. Sincerely, ZENDO KERN Planning Consultant Enclosures Copy—64-560 Mamalahoa LLC w/enclosures 12 318 5 Planning Dept. Exhibit (2i C64-560mamalahoaLLCREZrevisedcond.crk 2.19.19 64-560 MAMALAHOA LLC CHANGE OF ZONE APPLICATION (REZ 18-232) REVISED RECOMMENDATION AND CONDITION OF APPROVAL • Based on Department of Public Works comments recommending situating the driveway intersection with Mamalahoa Highway outside of the AO flood zone, the Planning Director originally recommended a condition locating the proposed flagpole on the western side of the subject property outside of the AO flood zone area. However, given the proximity of this flagpole portion of the newly proposed lot to the existing dwelling on the property, locating the flagpole on the western side of the subject property would result in a Zoning Code setback violation as any structure in the A-5a zone would be required to be set back(twenty) 20-feet from the nearest lot line. There appears to be sufficient land area along the Mamalahoa Highway frontage of the subject property to the east of the dwelling to allow for the driveway intersection to be situated outside of the AO flood zone and still meet required building setbacks. Based on the preceding, the Planning Director recommends amending Condition E with the following language: E. The intersection of the proposed [flagpole] driveway access and the Mamalahoa Highway shall be located [: - - - -- .. - • .•- . . . . ] outside of the AO flood zone. B64-560MamalahoaREZ18-232.crk 2.14.19 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION 64-560 MAMALAHOA LLC CHANGE OF ZONE APPLICATION NO. 18-000232 (REZ 18-232) Upon careful review of the request against the guidelines for granting a Change of Zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 40-acre (A-40a) to Agricultural 5-acre (A-5a) for approximately 10.94 acres be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Agricultural-40 acre(A-40a) to Agricultural-5 acre(A-5a). The applicant intends to subdivide the property into two (2) lots; one lot would be comprised of an existing dwelling and be approximately five(5)- acres in size and the second lot, approximately 5.94 acres in size, would be a flag lot with the"flag pole"being on the eastern side of the property. Subdivision improvements are estimated to cost approximately$20,000, which is mainly for the water system and roadway improvements serving the proposed lots. The applicant hopes to have the land subdivided before the end of 2019. The subject 10.94-acre parcel is rectangular shaped and located on the northern side of the Mamalahoa Highway near the 54-mile marker in Waimea. The southern portion of the site is fairly flat, with slopes ranging from two to five percent. The northern portion of the property has slopes from two to ten percent. Elevation ranges from approximately 2,900 to 3,000 feet above sea level. There is an existing single-family dwelling on the western side of the property located near the highway. Surrounding properties are zoned Agricultural 40 acre (A-40a) to the north, west and southeast across Mamalahoa Highway. The adjacent property to the east and properties to the south across Mamalahoa Highway are zoned Agricultural 5-acre (A-5a). The Ho`onani Subdivision, consisting of 10,000-square foot residential lots, is located approximately 900 feet to the east of the property and zoned Agricultural 1-acre (A-la). -1- The adjacent property directly to the east was rezoned from A-40a to A-5a on September 1, 2011 (Ordinance No. 11-073)to support a proposed 3-lot subdivision. 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 request from Agricultural 40-acre (A-40a) to Agricultural 5-acre (A-5a) conforms to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements.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 area is designated Extensive Agriculture Y subject �? � and Important Agricultural Land. Extensive Agriculture are those lands not classified as Important Agricultural Land and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agricultural category. Important Agricultural Lands are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The proposed Change of Zone will conform to, among others, the goals,policies and standards of the Land Use and Economic General Plan Elements: 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. -2- • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Land Use-Agriculture • Preserve the agricultural character of the island. • The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea. • Designate,protect and maintain important agricultural lands from urban encroachment. • Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units. The major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreages, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. At the same time, a strong demand exists in the real estate market for lots in agricultural areas by purchasers who are interested in large-lot residential homesites or for speculation. The desire for these"gentleman's estates"tends to drive up the price of agricultural land making it less affordable for commercial farmers. Most agricultural changes of zone in Hawaii County in the last twenty years have resulted in subdivisions where the primary use is residential, not agricultural. For the most part,these changes of zone did not occur on prime agricultural land or on what is termed"Important Agricultural Land" in the General Plan. The predominant zoning of agricultural lands along the Hamakua coast, extending to Waimea, is A-40a. There has been considerable interest by landowners to rezone and reduce the minimum lot sizes because the biggest value is the ability to build a home. The per-acre price is therefore -3- higher if the property can be sold in smaller lots. This desire to create smaller lots must be handled very carefully because of the possible subdividing of the land into uneconomical units, and the increasing per-acre price. The General Plan contains a policy for the protection of lands classified as Important Agricultural Lands in Section 14.2.3(s): "Important agricultural lands shall not be rezoned to parcel sizes too small to support economically viable farming units."This policy applies to roughly the lower half of this property, where the applicant is proposing to create one new lot after the rezoning. Five acres is the minimum at which a range of crops can be grown on a commercial scale and is sub-optimal for many crops. While the rezoning application does not violate this policy, it is at the minimum that could be consistent with the policy. A number of factors tip the balance for this favorable recommendation. The area has not historically been cultivated in crops, unlike the former cane lands and the vegetable growing areas of Waimea. Additionally, the property can be supplied with water and road access without significant infrastructure costs,which will be covered by the sale of the lots created. It is a limited rezoning that is consistent with the overall land use pattern of the area as there are similar zoned areas to the east and southeast of the property. The Change of Zone request from Agricultural 40-acre (A-40a) to Agricultural 5-acre (A-5a) is consistent with the applicable goals, policies and standards of the South Kohala Community Development Plan.The South Kohala Community Development Plan(SKCDP)was adopted by Ordinance No. 08 159 on December 1, 2008. The property is located within an area identified as "Small Farms and Ranches Preservation Program" in the SKCDP (Figure 4.4 - Waimea Town Conceptual Plan). This consists of a group of about 40 small farm and ranch parcels between Mud Land and Church Row, 10 or more acres in size in this area that front onto Mamalahoa Highway, and that are still "intact" and in some form of open space—e.g., that have not been subdivided and developed for residential purposes. The"view from the road" driving into Waimea from the east (from Honoka`a) is thus still rural in nature,with grazing horses, sheep, and cattle, woodlots, and small farm fields dominating the view. -4- The purpose of this program is to conserve these"critical open space areas" in east Waimea through acquisition, conservation easements, transfer of development rights, etc. The proposed change of zone to A-5a and subdivision of the subject parcel into two (2) minimum 5-acre farm lots would conform to the intent of the Waimea Policy 1 and the "Small Farms and Ranches Preservation Program,"which is meant to preserve these critical open space areas, and not subdivide for residential purposes. Moreover, the resulting change of zone would be appropriate in this area, as it is consistent with changes of zone of A-5a in the immediate vicinity. There are several strategies to achieve the Responsible Growth policy for Waimea. Strategy 2.1 states "The County should carefully evaluate and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually and environmentally important open spaces or resources in Waimea." Time will be needed to implement a number of important open space preservation tools and programs, including acquisition of fee interest or conservation easements for important pu`u and some of the East Waimea farm and ranch lots. While these tools and programs are being put into place, private lands that are currently zoned A-5a, A-10a, A-20a, or A-40a should retain their current zoning. Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezonings of 4 lots or less that may assist families in allowing their children to obtain individual properties. The proposed change of zone will facilitate the creation of a two (2)-lot subdivision, and while the applicant intends to sell the lots on the open market(as opposed to conveying them to family members), the Director feels that the request will still achieve the overall land use intent of the South Kohala Community Development Plan. The proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. When considering any request to change the zoning district of a property, the Director shall consider the purpose of the existing and proposed zoning district and the purpose of the Zoning Code and shall recommend a change in zoning only where it would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. -5- Approval of the applicant's request will not change the zoning district for the property, which will remain Agriculture, but it will increase the density by changing the minimum lot size from A-40 acres to A-5a acres. If the request is approved, the approximately 10.94-acre property will be able to be subdivided into two (2) lots approximately 5 and 5.94 acres each in size respectively. The zoning district classification will remain Agriculture and the land uses permitted in the zoning district will remain the same. For the purpose of promoting health, safety, morals, or the general welfare of the County, the Zoning Code regulates and restricts the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. In considering the purposes of the Zoning Code in relation to the proposed request, the approval of the request will result in a higher density. If approved, the applicant could build a dwelling on the newly created lot, resulting in an increase in the overall unit density within the project site. The Planning Director supports this rezoning request,but only on the condition of allowing one farm dwelling on each lot. Therefore, a condition of approval is recommended in the proposed bill to prohibit a second dwelling unit and/or a condominium property regime on each subdivided lot. In considering the request in relation to the surrounding zoning, the request will result in an appropriate land use pattern. The property borders a larger property to the east and is near properties to the south across Mamalahoa Highway that are similarly zoned A-5a, which allows for the same density as the proposed request. Based on the above information, the proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience, and the general welfare of the County. The proposed request will not burden public agencies to provide utilities and services to the subject property. Access to the lots is proposed to be from Mamalahoa Highway, a County arterial roadway with an approximate 20-foot wide pavement with grass shoulders all within an approximately 50-foot right-of-way. The existing lot has -6- driveway access to Mamalahoa Highway, and the applicant proposes access to the new, upper lot via a 20-foot wide flag pole. However, the Department of Public Works (DPW), commented that direct vehicular access to individual lots shall not be from Mamalahoa Highway,meaning they will require both lots share a single driveway access to their roadway. According to DPW, Mamalahoa Highway shall be improved to an 80-foot right- of-way, therefore they require that the applicant delineate a 15-foot wide future road widening setback on plat maps submitted for the subdivision of the subject property. Furthermore,upon the request of the Department of Public Works, the applicant, its successors or assigns shall be required to dedicate the land encumbered by the future road widening setback to the County of Hawai`i, at no cost to the County. To allow the option of creating future roadway connectivity with the established subdivision roads to the east of the subject parcel and to conform with Section 23-29 of the Subdivision Code regarding block sizes, the Director recommends a condition requiring the delineation of a 50-foot wide future roadway reserve and utility reserve alignment with Hauhoa Street, which was also required as a condition of Change of Zone Ordinance No. 11-073 for the rezoning of the adjoining property to the east. Additionally, the Director recommends a similar future roadway and utility reserve condition to allow for the future extension of Uhiwai Street from within the Ho`onani Subdivision. The preceding will be added as conditions to this favorable recommendation. According to the Department of Water Supply(DWS), water can be made available from an existing 6-inch waterline along Mamalahoa Highway. DWS requires the applicant to secure water commitments as soon as possible, construct necessary water system improvements, and pay a facilities charge prior to being granted Final Subdivision Approval. The preceding will be added as conditions to this favorable recommendation. As there is no municipal sewer system in the area, wastewater will be disposed of by an individual wastewater system, meeting the requirements of the Department of Health. The subject property has three (3) flood zone designations including Zone "X", or an"Area of Minimal Flood Hazard." Large portions of the southerly side of the parcel are 7 designated as Zone "AO", which is a Special Flood Hazard Area inundated by a 100-year flood. The Federal Emergency Management Agency(FEMA) defines this zone as, "River or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet."Additionally, there is an unnamed stream that intersects the parcel which is classified as Zone"AE", defined as, "the base floodplain where base flood elevations are provided."Additionally, there have been a few letters of opposition from surrounding property owners with concerns about an increase in flooding caused by the proposed change of zone and subsequent subdivision and development. As conditions of this recommended ordinance, all development generated runoff shall be disposed of onsite and not be directed toward any adjacent properties. Moreover, all earthwork and grading shall comply with Hawai`i County Code Chapter 10, Erosion and Sediment Control and all development shall comply with Hawai`i County Code Chapter 27, Floodplain Management. According to the Departmnt of Public Works (DPW), several public complaints have been made regarding flooding along the Mamalahoa Highway and along the east property line of proposed Lot 99-2. Due to safety concerns, DPW recommends that the applicant relocate the proposed access flagpole for Lot 99-2 to the west side of the subject property to avoid accessing off the highway in a flood prone area that is already designated as a Special Flood Hazard Area, Zone AO. All other essential utilities and services are or can be made available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately five (5)miles from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is to record of a designated public access that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. \Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. -8- In view of the Hawai`i State Supreme Court's "PASH" and"Ka Pa`akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area,historical survey of documentaryrecords, or botanical studywas included in the application. • The valued cultural,historical, and natural resources found in the rezoning area: The property has formerly used for cattle grazing and it is anticipated that no historic properties will be affected. By letter dated December 4, 2018, the Department of Land and Natural Resources - State Historic Preservation Division determined that no historic properties would be affected by the proposed change of zone. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: No gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from Agricultural 40-acre (A-40a) to Agricultural 5-acre (A-5a) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -9- of+tvosh..,.. COUNTY OF HAWAII • ��''-° */ • STATE OF HAWAII BILL NO. ORDINANCE NO. quAtal.K4 AN ORDINANCE AMENDING SECTION 25-8-11(LALAMILO-PU`UKAPU), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL —FORTY ACRES (A-40a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PU'UKAPU HOMESTEADS 2ND SERIES, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:043. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Pu'ukapu Homesteads 2°d Series, Waimea, South Kohala, Hawai`i, shall be Agricultural-5 acres (A-5a): Beginning at the southwest corner of this parcel of land, and on the north side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "EAST BASE" being 5,945.26 feet North and 1,224.92 feet West and running by azimuths measured clockwise from True South: 1. 166° 10' 3174.90 feet along Lots 99-A and 99-B,being reminders of Grant 6857 to John Cheseborg of Pu'ukapu Homesteads- Second Series; 2. 256° 10' 150.05 feet along Lot 4 Pu'ukapu Pasture Lots; 3. 346° 10' 3177.00 feet along the reminder of Grant 6857 to John Cheseborg of Pu'ukapu Homesteads-Second Series; -1- • 4. 76° 58' 150.06 feet along the north side of Mamalahoa Highway to the point of beginning and containing an area of 10.940 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -2- A-40a V.1141!;111 A-40aAGRICULTURAL-FORTY ACRES(A-40a)TO . ;. .,IAGRICULTURAL-FIVE ACRES)A-Sa) . •. 70.94 ACRES •MVP • 0. *10 I I I 1 0$1 *A.. A-5a "Si S 0 00 111; Vif' � oil SUS ci` A-40a A-40a -40a of• la illft,?•.. :, Ira 0 4 1 I I °IV° 11■11 VA 1 I a 111_ . A-5a 1 11 IMP. , Z , Z"A* • 40a P WO A�► • - 11" ill a 5.945.26'N • 1,224.92'W N • Itize illA "EAST SASE" :" INIAW �► ,,,,,,(igiii All ria&me 4 4 _..... A-400 Feet 0 750 1,500 2,250 3,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FORTY ACRES (A-40a) TO AGRICULTURAL - FIVE ACRES (A-5a) AT PU`UKAPU HOMESTEADS 2ND SERIES, WAIMEA, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK:(3)6-4-017:043 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: February 1,2019 EXHIBIT"A" 64-560 Mamalahoa LLC Mao: 1403 C64-560MamalahoaREZ18-232.crk 2.14.19 64-560 MAMALAHOA LLC CHANGE OF ZONE APPLICATION NO. 18-000232 (REZ 18-232) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy"within ninety(90) days from the effective date of this change of zone. The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges,are paid in full. C. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. D. The driveway connection to Mamalahoa Highway shall conform to Chapter 22, Streets, of the Hawai`i County Code. Both lots shall share a single driveway access from Mamalahoa Highway. E. The intersection of the proposed flagpole access and the Mamalahoa Highway shall be located on the western portion of the subject property outside of the AO flood zone. F. A fifteen(15) foot wide future road widening setback along the property's Mamalahoa Highway frontage shall be delineated on plat maps submitted for the subdivision of the subject property. Upon the request of the Department of Public Works,the applicant, its successors or assigns shall dedicate the land encumbered by the future road widening setback to the County of Hawai`i, at no cost to the County. G. A 50-foot wide future roadway and utility reserve for the future extension of Hauhoa Street to the western boundary of the property(adjoining TMK: 6-4-017:42) shall be delineated on plat maps submitted for the subdivision of the subject property for future roadway extension. All building setbacks shall be taken from the future roadway and utility reserve boundary. L H. A 50-foot wide future roadway and utility reserve in alignment with Uhiwai Street to the western boundary of the property shall be delineated on plat maps submitted for the subdivision of the subject property for future roadway extension. All building setbacks shall be taken from the future roadway and utility reserve boundary. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. J. All development generated runoff shall be disposed of onsite and not be directed toward any adjacent properties. K. All development shall comply with Chapter 27, Floodplain Management, of the Hawai`i County Code. L. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. M. The method of sewage disposal shall meet with the requirements of the State Department of Health. N. In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it -2- finds that sufficient mitigation measures have been taken. 0. The applicant shall comply with all applicable County, State and Federal Laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year maybe extended for up to one additional year). 5. If the applicant should require an additional extension of time,the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- 64-560 MAMALAHOA LLC CHANGE OF ZONE APPLICATION NO . 18-000232 fi n' ,. r r ff t rt , O n , . ,,, , . ,. , \......,....., ,.. . Kis:ee.D __ ,, , ,., .,:„, , __,_ , \ .. ,_ Z ? 5 ? sa 5 5 ;5 5 5 5 :5 5 5 :5 5Q�•� ����� ����� :: ♦S: $; D _ = T 5 :5 :5 5 5 5 5 :5 -5 5 '4 4 -:5 �.5 -: 5 . V ' 5 .5 5 -5 5 .5 :5 5 -5 5 5 4 5 :5 5 5 4 5 5 5 5 . _ 5 'A �5 5 :5 5 5 5 5 : 4 4 4 5 5 5 :5 5\5 5 :5 > 1� 5 5 5 4 -'f -:5 4 •5 5 5 k -5 ' 5 5 '5 5 5 S 5 -5 �� � � 5 =.5 -5 .5 :5 5 5 5 :5 5 5 :5\ 5 5 5 _5 5 y -.5 5 :5 5 5 :5 5 -:5 5 -5 5 5 ;5 5 -:5 5 ,5 5" 5 5 5 5 5 ,5 5 _5 "�` - 5 5 :5 5 5 5 5 7 5 -.5 5 5 5 <5 :5 \ c5 5 5 5 5 ;5 5 .5 _4‘11, ;..�'! :5 5 5 '5 5 5 '5 :5 5 '5 :5 5 -5 5 .5 5 5 '5 5 '.5 ,5 5 :5 :5 5 '5 .5 :5 5 5 5 5 5 5 .5 5 -.5 5 5�\ 5 5 k 5 5 :5 5 5 5 4 5 ;5 4 :5 5 4 :5 5 5 5 4 -:5 5 5 <5 5 5\ 5 5 :5 '.5 5 5 :5 5 :5 -.5 k 5 '� k -.5 5 :5 5 4 5 t 5 :5 5 :5 'S 5 4 5 % } 'S -5 5 -:5 5 5 5 5 5 5 :5 :5 5 5 --5" 5 5 5 5 5 :5 5 ,5 5\ '5 5 5 \5 4 .5 5 :5 5 5 :} 5 S 5 5 4 <5 5 , 5 5 4 'S 5 5 5 4 ,5 5 5 5 5 5 5 5 5 '4\ 4 5 5 �',c 5 :5 5 5 4 5 .5 5 5 5 -:5 5 5 5 :4 5 .5 5 5 } 5 ;5 5 .5 5 5 'S 5 :5 k 5 5 5 5`. 5 :5 5 '5 5 .5 .5 t :5 5 } N 5 <5 5 5 :5 5 5 5 '5 5 5 :5 5 5 5 5 55 5 5 5 5 5 5 5 5 \5 5 �4 5 5 5 5 5 5 4 5 5 y > s 5 5 ',c 5 5 5 -5 'S 5 4 S ,5 5 -.5 5 -:5 5 5 5 5 :5 5 5 <5 5 .5 <55 �'k 1 �5 5555 55 5 5 5 5 ;5 5 k :5 5 5 :5 :5 <5 5 :5 5 <5 5 ;5 5 5 ;5 5 4 .5 5 5 .:5 :5 5 :5 5 5 :4 4 5 :5 5 5 5 :5 :5 5 _ 5 5 5 5 5 5 5 ,5 5 :5 5 5 5 5 ,5 5 ,5 5 5 5 :5 5 5 :5 ,5 5 :5 .:5 5 <5 5 5 5 ] 5 5 ,4 5 5 ,5 ,5 5 5 THE APPLICANT IS REQUESTING: • A CHANGE OF ZONE FROM AN AGRICULTURAL 40-ACRE (A-40A) ZONING DISTRICT TO AN AGRICULTURAL 5-ACRE(A-5A) ZONING DISTRICT FOR APPROXIMATELY 10.94 ACRES OF LAND. w • THE APPLICANT INTENDS TO SUBDIVIDE THE PROPERTY INTO TWO (3 (2) LOTS; ONE LOT WOULD BE COMPRISED OF AN EXISTINGce DWELLING AND BE APPROXIMATELY FIVE (5)-ACRES IN SIZE AND V) THE SECOND LOT, APPROXIMATELY 5.94 ACRES IN SIZE, WOULD BE A FLAG LOT WITH THE " FLAG POLE" BEING ON THE EASTERN SIDE z OF THE PROPERTY. U • SUBDIVISION IMPROVEMENTS ARE ESTIMATED TO COST APPROXIMATELY $20,000. THE APPLICANT HOPES TO HAVE THE LAND SUBDIVIDED BEFORE THE END OF 2019 . . . ,..0„0",11/0'.7". \/ .,,,,, HI .- .....,„ ..„. -.N...., ,,: P ..... 1---. . ) 1 • , \ \ . . , 7... ......... ; ** • )1> i 1 ._,...• - a , . fill -------- 1 . _.. ..-----"nr-- ._.............._ .......,..... .... ---------‘ ,......., .-, .,.. ,., .. . „„. . ,. .----------- ..,_., . 0 .,. , > ., .. . . . .. r .. ,,....,,cy,,,,,, • .._ .. ,,,,, COUNTY ZONING AGRICU \-\\\LTURAL Q Oil \ 4- LL 1 _a i Q /l , \ CIZ • D 0 • CC) K , -1 \ \ oL. �_ I9)" z \\ :y, I w V) J lor y •. '1. _ \_. lO it , _ . -1i ! 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South Kohala CDP ]5 D7 I Red 140=copconcept •" Waimea Town Conceptual Plan .a 3 .n. 44 sok • • F,w • 3 y • 0 ' % Y • AERIAL PHOTOGRAPH NV-1d IlIS S ,lNVDl-lddV i \\-\ . 1`.\\.„ . , . c\----------\\.___ I L_ \ . - —� Jam`__^ --' Q N 01 1 /30 045 Pit �Sr - -HOA IGHWAY r' u Jr. fi e 1 • 1 r.1 it 7�1 I a} v 1 VYy ! v `,/ '' ... �JJ r% f/ryi 5� 1 ti 2§. 717- a (—...\,,,,_ M i. v Is. 1 L. r i I,�r I '`',,y �7ti - u4Wal�FiO�eHIGHN�IY .1;:j-1---"---',. .--� P _ � 1 - s; , n a< ; _a s e gr n xv a ri,r e . _ .tae:.�...paxa �_ LJJ . H s ¢ x ° $ .. '�. moi ,_ s rrsi, VIEW OF PROPERTY FROM MAMALAHOA HIGHWAY VIEW OF PROPERTY PROPOSED FLAGPOLE LOCATION VIEW MAMALAHOA HWY LOOKING WEST N f,.4 C,ri 14.41'r,' r�} ,;'` r+t ' If` .2 0, b n,. '.,;.t.4.,:',.3.' ,�y -._ $ i Wiz. # "�fl ,_41,4,!." ..t ':-,,,------,----,, #$ # ...?...,,:t°,'4,-11! of t' �:� ., = i-t w � .. . - —,,---1-4,-`011 �" „ ..,,.....,—oiot..,..— ,, A ,' , , ,.. ...iii..„,s, O . . ,.... .......,,. . . `��.,., 0 CL ar b I— x a � ter' VIEW MAMALAHOA HWY LOOKING EAST Z 19, PLANNING DIRECTOR'S RECOMMENDATION FORWARD A FAVORABLE RECOMMENDATION TO 8 THE COUNTY COUNCIL FOR CHANGE OF ZONE ce. APPLICATION NO . 18-000232 0 U w D m • F / ..S"% 1c I LSA DRIVEWAY DESIGN