HomeMy WebLinkAboutCOM 0392.000 1998-2000 tr a
r~~~~~~. -'~S William G. Davis
Stephen K. Yamashiro ~ Managing Dbecto.
Mayan ;
.Henry Cho
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J~ Deputy Managing Director
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (809) 961-8211 Faz (BOB) 961-6553
KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 •Faz (808)326-5663
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July 15, 1999 pn c
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Honorable James Y. Arakaki, Chairman O 3 7
and Members of the County Council ~
County of Hawaii ~ ~ o
25 Aupuni Street - ~
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 99-005)
Request: Agricultural and Urban to Rural
V Change of Zone Application (REZ 99-013)
Request: Agricultural (A-Sa) and Residential (RS-15) to Residential and Agricultural (RA-.Sa)
Applicant: Dr. William C. and Patricia C. Bergin
Tax Map Key: 6-4-01:124 and 140
Change of Zone Ordinance No. 85-48 (REZ 500)
Applicant: North Kohala Land Co.
Request: Delete Condition G (Construction of an Agricultural Standard Roadway)
Tax Map Key: 5-5-1:60 & 64; 5-5-3:17, Por. 9 & 16; 5-6-1:20 & 21
Proposed Street Name - Pukalani Road
Historic Access to Pukalani Stable
Waimea Village, Waimea, South Kohala
Tax Map Key: 6-7-2:17
Proposed Street Name - Kauakea Road
Tax Map Key: 6-4-17:67. Lot 113-A (SUB 5151 & 53891 n
fyil~S Comm. No. 3qZ
File No. Z
Ref. To: r
Ref• Data 2 8 1999
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
July 15, 1999
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Chpeter, transmitted herewith for the
County Council's consideration and action aze the Planning Commission's letters and
enclosures regarding the above-referenced requests.
Sincerely,
ep~Y ashiro
Mayor
L070299.MAY
Enclosures
cc: Planning Department
MtY oR y-_
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Stephen K. Yameahiro
Mayor
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • riib, FLwvii %720-{252
(808) %1-8288 Fuc (808) %1-%15
~JUL 1 4 1949
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
State Land Use Boundary Amendment Application (SLU 99-005)
Request: Agricultural and Urban to Rural
Change of Zone Application (REZ 99-013)
Request: Agricultural (A-Sa) and Residential (RS-15) to Residential and
Agricultural (RA-.Sa)
Applicant: Dr. William C. and Patricia C. Bergin
Tax Map Key: 6-4-01:124 and 140
The Planning Commission, afrer a duly held public hearing on July 2, 1999, voted to
recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from Urban and Agricultural to Rural District and a Change of Zone changing the
district classification from Single Family Residential (RS-15) and Agricultural (A-Sa) to
Residential and Agricultural (RA-.Sa) for approximately 2.020 acres of land. The property is
located approximately 400 feet north from Mamalahoa Highway behind C & S Cycle and Surf,
approximately 200 feet east of the Mamalahoa Highway-Kamamalu Street intersection,
Puukapu Homesteads First Series, Puukapu, Waimea, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the State Land Use Boundary Amendment and Change of Zone:
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Urban and
Agricultural Districts to the Rural District will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use
Commission Rules, the County General Plan and the Hawaii State Plan. According to
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
the Hawaii Land Use Commission Rules, the following three standards shall apply
when determining an azea for the Rural district boundazies:
(1) Areas consisting of small farms; provided that the areas need not be included in
this district if their inclusion will alter the general characteristics of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less than
one-half acre and a density of not more than one single-family dwelling, per
one-half acre in areas where "city-like" concentration of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with the low-density residential lots; and
(3) Generally, pazcels of land not more than five acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses. Lands to the north and east are zoned Agricultural-5 acres and
Agricultural-1 acre (A-Sa and A-la). Lands to the south are zoned Single
Family Residential (RS-15) and Neighborhood Commercial (CN-7.5). In
March 1998, the County Council approved a State Land Use Boundary
Amendment from an Agricultural to a Rural District for approximately 1.632
acres of land and a Change of Zone from A-Sa to CN-7.5 and RA-.Sa for
approximately 2.839 acres of land (TMK: 6-4-01:92), Ordinances 99-22 and
99-23, respectively. This property is also owned by the applicants and is
located immediately to the east of the subject property. The rear section of
TMK: 6-4-01:92, which is already zoned RA-.Sa was subsequently subdivided
and consolidated with the subject property TMK: 6-4-01:140. Lands to the
west ate zoned Open (O). Surrounding land uses include vazious single-family
residential, commercial, public and agricultural uses.
Section 15-15-27 of the Hawaii Land Use Commission Rules determines
permissible uses within the Rural district. This states: "(a) Permissible uses
within the rural district shall include the following activities: (1) All uses
permitted under section 15-15-25 relating to agricultural uses and those uses that
are compatible within the agricultural district; (2) Low-density residential uses
with a minimum lot size of one-half acre. The commission for good cause may
allow one lot of less than one-half acre, but not less than 18,500 square feet, or
an equivalent residential density, provided all other lots in the subdivision have
the minimum lot size of one-half acre. A petition for variance may be
processed under the special permit procedure pursuant to subchapter 12. This
exception shall apply to lots of record existing prior to January 1, 1977, and of
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
not more than two acres. There shall be no more than one single-family
dwelling per one-half acre, except as may be provided for in this section."
The proposed boundary amendment is for similar agricultural land uses and uses
that are compatible to the Rural designation. The applicants have stated that the 2.020
acres under request will be subdivided into four 1/2 acre rural/residential lots. Thus,
the requested boundary amendment would be in the direction of fulfilling the
permissible uses of the rural designation.
The proposed Rural boundary amendment request would be consistent with the
Land Use Element of the General Plan. Land use is one of the principal focal points of
public concern and policy. The Land Use Element provides the primary basis for
direct control and guidance of publicly and privately owned resources. It is also
intended to be used as a policy guide for the coordinated growth and development of all
sectors of the County. It sets forth goals, policies, standards and courses of action to
accommodate growth without congestion, to designate and preserve the lands needed
for residential use, commercial and visitor services, industry, agriculture and open
space, and to coordinate these uses with the County's service and circulation systems.
The overall Land Use goals, policies and standards are set forth to physically plan the
lands in the County in the best interest of the island's residents. These state the
following:
LAND USE
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
* Zone urban- and rural- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and
facilities.
* Promote and encourage the rehabilitation and use of urban and rural areas
which are serviced by basic community facilities and utilities.
* Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
The proposed Rural boundary amendment request would also complement the
following goals, policies and standards of the Housing and Single Family Residential
Elements of the General Plan.
HOUSING
* Attain safe, sanitary, and livable housing for the residents of the County of
Hawaii.
* Attain a diversity of socio-economic housing mix throughout the different parts
of the County.
* Maintain a housing supply which allows a variety of choice.
* Develop better places to live in Hawaii County by creating viable communities
with decent housing and suitable living environments for our people.
* Improve and maintain the quality and affordability of the existing housing stock.
* Seek sufficient production of new affordable rental and fee-simple housing in
the County in a variety of sizes to satisfactorily accommodate the needs and
desires of families and individuals.
* Ensure that housing is available to all persons regardless of age, sex, marital
status, ethnic background, and income.
* The County shall encourage a volume of construction and rehabilitation of
housing sufficient to meet growth needs and correct existing deficiencies.
* The County shall protect residential property values from depreciating
influences.
SINGLE-FAMILY RESIDENTIAL
* To maximize choices of single-family residential lots and/or housing for
residents of the County.
* To ensure compatible uses within and adjacent to single-family residential zoned
areas.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
* To provide single-family residential areas conveniently located to public and
private services, shopping, other community activities and convenient access to
employment centers.
* The County shall incorporate reasonable flexibility in codes and ordinances to
achieve a diversity of socio- economic housing mix and to permit aesthetic
balance between single-family residential structures and open spaces.
* Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
* The County shall review and amend if necessary land use ordinances and codes
to include considerations for rural-style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these azeas shall be
developed.
The proposed Rural boundary request also conforms to the Land Use Pattern
Allocation Guide (LUPAG) Map which designates the area for Medium Density Urban
Development. Medium Density Urban Development refers to village and
neighborhood commercial and residential and related functions with commercial
permitted up to three stories and residential permitted up to 35 units per acre. The
request is consistent with the medium density form depicted on the LUPAG Map for
this area of South Kohala. This request would allow a rural development comprised of
Residential-Agricultural activities. The area under consideration is consistent with the
rural form established for this section of [he South Kohala District as depicted on the
LUPAG Map. The subject property is located within the study area of the Waimea
Design Plan. The land use concept map of the Waimea Design Plan designates the
subject property for future urban development. Based on the above findings, including
the General Plan's goals and policies, the granting of the rural boundary amendment
would complement and implement the General Plan.
All utilities and services are available to the property which are essential to
accommodate rural development. Access to the subject property is off Mamalahoa
Highway which has aright-of-way width of 60 feet with approximately 20 feet wide
pavement. Water is provided by a 12-inch County water line which runs along the
Mamalahoa right-of-way. Electrical service is available to the property from Hawaii
Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The U.S. Corps of
Engineers Flood Insurance Rate Map (FIRM) designates the property outside of the
500-year flood plain (Zone X). The Waikoloa Stream tributary flows along the
northern boundary of the parcel, thus, all development plans must delineate the limits
of the flood zone.
While a portion of the subject property is within the State Land Use
Agricultural and County's Agricultural-Sa zoned districts, it is not currently being used
for active agricultural purposes. The Agricultural Lands of Importance to the State of
Hawaii (ALISH) System has classified a portion of the subject property located within
400 to 500 feet of the Mamalahoa Highway as existing urban development.
Immediately mauka of the existing urban lands are "Prime" agricultural land and the
remainder of the property is classified as "Other Important Agricultural lands."
"Prime" agricultural lands have the soil quality, growing season and moisture supply
needed to produce high sustained yields of crops economically when treated and
managed according to modern farming methods.
According to the U.S. Soil Survey, there are two types of soil on the subject
property. The soil nearest the highway is classified as Kikoni very fine sandy loam
(Kfa). This is soil on the Waimea plains. The surface layer has lost its strong granular
structure where it has been continuously cultivated. In some areas gravel is in the
lower part of the profile. This soil is used for truck crops. The majority of the project
site is classified Maile silt loam (MLD). This soil consists of well-drained silt loams
that formed in volcanic ash. In a representative profile, the surface layer is about 14
inches thick and consists of reddish-brown to very dark brown silt loam. The subsoil is
about 46 inches thick and consists of dark yellowish-brown and very dark brown silty
clay loam. The subsoil dehydrates irreversibly into fine sand-size aggregates. The
profile grades from medium acid in the surface layer to slightly acid and neutral in the
subsoil. Permeability is moderately rapid, runoff is slow and the erosion hazard is
slight. This soil is used for pasture and woodland.
Soils within the subject property are classified as "B" (Good), portion within
approximately 400 feet of Mamalahoa Highway, and "C" (Fair), majority of the
property, for agricultural productivity by the Land Study Bureau. Although classified
as "B" soils, TMK: 6-4-1:124 of the subject property is already situated within the
State Land Use Urban district and within the County's Single Family Residential
District (RS-15). The surrounding properties are also in the State Land Use Urban,
Rural and Agricultural Districts and in the County's Neighborhood Commercial,
Residential and Agricultural (RA-.5a) and Agricultural (A-la and A-Sa) zoned districts.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
Furthermore, a Rural classification would complement the existing and future
residential-agricultural land use patterns of the surrounding properties in view of the
surrounding properties and permissible uses. In addition, a portion of
TMK: 6-4-01:140 is already within the State Land Use Rural District.
Finally, it should be noted that the reclassification action would also conform to
the following goals, objectives and/or policies articulated in the Hawaii State Plan
relating to Socio-cultural advancement -Housing objectives and policies:
(a) Planning for the State's Socio-cultural advancement with regard to housing shall
be directed towazds achievement of the following objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably priced,
safe, sanitary, livable homes located in suitable environments that
satisfactorily accommodate the needs and desires of families and
individuals.
(2) The orderly development of residential areas sensitive to community
needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing choices
for low-income, moderate-income and gap-group households.
(3) Increase home ownership and rental opportunities and choices in terms
of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and surrounding
areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the design and
maintenance of neighborhoods that reflect the cultures and values of the
community.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
Based on the above, the approval of the State Land Use Boundary Amendment
to the Rural District complements the State Land Use District Regulations and is
supportive of the State of Hawaii Plan and the County of Hawaii General Plan.
Change of Zone
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through such a comprehensive policy analysis approach that evaluations and
decisions can be made to better time and stage developments to achieve growth
determined by the General Plan and related planning documents. The implications of
these evaluations and decisions must be also considered as they may have an impact on
similar areas in the County.
The Change of Zone Application from Residential (RS-15) and Agricultural
(A-Sa) to Residential and Agricultural-.5 acre (RA-.Sa) zoned district will conform to
the goals, policies and standards of the General Plan Land Use, Economic and
Agricultural Elements. Land use is one of the principal focal points of public concern
and policy. The Land Use Element provides the primary basis for direct control and
guidance of publicly and privately-owned resources. It is also intended to be used as a
policy guide for the coordinated growth and development of all sectors of the County.
It sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to
coordinate these uses with the County's service and circulation systems. The overall
Land Use goals, policies and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents. These state the following:
LAND USE
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
* 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.
* Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
enviromnent.
* Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of rural communities, shall be encouraged in
appropriate locations.
ECONOMIC
* Provide residents with opportunities to improve their quality of life.
* Economic development and improvement shall be in balance with the physical
and social environments of the island of Hawaii.
* The County of Hawaii shall strive for diversity and stability in its economic
system.
* The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with the
County's natural and social environment.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the
General Plan is a representation of the document's goals and policies to guide the
coordinated growth and development of the County. It reflects a graphic depiction of
the physical relationship among the various land uses. The LUPAG Map establishes
the basic urban and non-urban form for areas within the County. The subject property
is designated Medium Density Urban Development. Medium Density Urban
Development refers to village and neighborhood commercial and residential and related
functions with commercial permitted up to three stories and residential permitted up to
35 units per acre. This request is consistent with the medium density form depicted on
the LUPAG Map for this area of South Kohala.
The applicants are proposing to create a four lot subdivision using
approximately 2.02 acres of property for residential/agricultural purposes. Both
parcels are adjacent, with a portion of TMK: 6-4-1:140 already zoned Residential and
Agicultural (RA-.5a). There are two single family residences on TMK: 6-4-1:124.
The applicant was granted an Ohana Dwelling Permit in 1988. TMK: 6-4-01:140 is in
pasture use. The subject property is located in close proximity to schools, commercial
areas, employment centers and public safety services.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
The Agricultural Lands of Importance to the State of Hawaii (ALISH) System
has classified a portion of the subject property located within 400 to 500 feet of the
Mamalahoa Highway as existing urban development. Immediately mauka of the
existing urban lands are "Prime" agricultural land and the remainder of the property is
classified as "Other Important Agricultural lands." "Prime" agricultural lands have the
soil quality, growing season and moisture supply needed to produce high sustained
yields of crops economically when treated and managed according to modern farming
methods.
According to the U.S. Soil Survey, there are two types of soil on the subject
property. The soil neazest the highway is classified as Kikoni very fine sandy loam
(Kfa). This is soil on the Waimea plains. The surface layer has lost its strong granulaz
structure where it has been continuously cultivated. In some areas gravel is in the
lower part of the profile. This soil is used for truck crops. The majority of the project
site is classified Maile silt loam (MLD). This soil consists of well-drained silt loams
that formed in volcanic ash. In a representative profile, the surface layer is about 14
inches thick and consists of reddish-brown to very dark brown silt loam. The subsoil is
about 46 inches thick and consists of dark yellowish-brown and very dark brown silty
clay loam. The subsoil dehydrates irreversibly into fine sand-size aggregates. The
profile grades from medium acid in the surface layer to slightly acid and neutral in the
subsoil. Permeability is moderately rapid, runoff is slow and the erosion hazard is
slight. This soil is used for pasture and woodland.
Soils within the subject property aze classified as "B" (Good), portion within
approximately 400 feet of Mamalahoa Highway, and "C" (Fair), majority of the
property, for agricultural productivity by the Land Study Bureau. Although classified
as "B" soils, TMK: 6-4-1:124 of the subject property is already situated within the
State Land Use Urban district and within the County's Single Family Residential
District (RS-15). A portion of TMK: 6-4-1:140 of already zoned Residential and
Agricultural (RA-.Sa) with surrounding properties in the County's Neighborhood
Commercial and Agricultural (A-la and A-Sa) zoned districts. The State Land Use
designation in the immediate area is Urban, Rural and Agricultural. As such, the
granting of the proposed use will not adversely affect similar or related existing uses
within the surrounding area, community or region.
The proposed change of zone will not unreasonably burden public agencies to
provide roads and streets, sewer, water, drainage, schools, police and fire protection,
and other related infrastructure. Existing access to the subject area is from Mamalahoa
Highway which has aright-of-way width of 60 feet with 20 feet of pavement.
According to the applicants, access to three of the proposed 1/2- acre lots will be via an
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 11
existing private road originating at Mamalahoa Highway and running along the western
boundary of TMK: 6-4-1:140 while access to the fourth 1/2-acre lot is via another
existing private roadway off of Mamalahoa Highway which abuts the southern
boundary of TMK: 6-4-1:124. The Depaztment of Public Works states that the existing
accesses to the proposed lots do not conform to DPW standards fot minimum
commercial roadway standards, and that the entire frontage along Mamalahoa Highway
should be improved with curbs, gutters, sidewalk improvements, pavement widening to
four lanes, and any necessary transitions and striping, drainage improvements and
relocation of utilities in conformance with the minimum commercial roadway standard
and the proposed Mamalahoa Highway Improvements. These improvements are not
applicable to the subject request as the properties do not have frontage along
Mamalahoa Highway.
The subject property is located within an area adequately served with essential
services and facilities. According to the Department of Water Supply, water is
available to the properties from existing water lines and with the installation of an
additional 5/8" meter. According to the Department of Health, the property is situated
within the Critical Wastewater Disposal Area and therefore, the applicant would be
required to dispose wastewater into a septic tank system.
Finally, because the subject property and surrounding azeas have been
extensively altered with urban development, it is not anticipated that endangered or
threatened candidate species of flora or fauna are located on the subject property, nor
has the area been identified as a significant botanical or biological habitat. In addition,
it is also not anticipated that the proposed development will have any adverse impact on
cultural or historical resources. The property is designated Zone X, an area
determined to be outside of the 500-year flood plain. The Depaztment of Public
Works, Engineering Division has determined that the Waikoloa Stream tributary flows
along the northern boundary of the parcel.
Based on the above findings, approval of this change of zone request from
Single Family Residential (RS-15) and Agricultural-Sa (A-Sa) to
Residential -Agricultural (RA-.Sa) zoned districts would result in an appropriate land
use pattern that will further the necessity, convenience and welfare of the general
public.
For your favorable consideration, amendments to the State Land Use Boundaries Map, H-25
for the County of Hawaii, and Section 25-8-11, the Lalamilo-Puukapu Zone Map, of the
County Zoning Code aze transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 12
We are enclosing copies of the applications and a copy of the staff background for your
information.
Sincerely,
Leonard S. Tanaka, Chairman
Planning Commission
LBergi02.PC
Enclosures
cc: Mr. Gregory R. Mooers
Dr. William C. and Patricia C. Bergin
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
• BBergiOl.plh-06/18/99
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
WILLIAM C. AND PATRICIA C. BERGIN
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-5)
CHANGE OF ZONE APPLICATION (REZ 99-131
WILLIAM C. AND PATRICIA C. BERGIN, have submitted applications for a State
Land Use Boundary Amendment from an Urban and Agricultural Districts to Rural District,
and a Change of Zone by changing the district classification from Single Family Residential
(RS-15) and Agricultural (A-Sa) to Residential and Agricultural (RA-.Sa) for approximately
2.020 acres of land. The property is located approximately 400 feet north from Mamalahoa
Highway behind C & S Cycle and Surf and access to the property is located approximately 200
feet east of the Mamalahoa-Kamamalu Street intersection, Puukapu Homesteads First Series,
Puukapu, Waimea, South Kohala, Hawaii, TMK: 6-4-1:124 & Portion of 140.
(.F.NERAi INFORMATION
1. Ownership: William C. and Patricia C. Bergin are the owners of the subject property.
2. Subdivision No. 7018: Effective September 1, 1998, TMK: 6~-1: Portion of 92 was
subdivided out and consolidated with TMK: 6-4-1: 140, thereby, increasing the parcel
size from 64,707 square feet to 3.118 acres (135,820 squaze feet). Approximately
71,113 squaze feet of TMK: 6-4-1:140 is already within the State Land Use Rural
District and zoned RA-.5 acres. Note: This background report provides updated
information on the consolidation of TMK: 6-4-O1: 140 with TMK: 6-4-01:92 that is not
included in the consultant's report.
PROPOSED DEVELOPMENT
3. Request: The applicants aze proposing to change the existing Urban and Agricultural
land use designations to Rural and a Change of Zone by changing the district `
classification from Single Family Residential (RS-15) and Agricultural (A-Sa) to
Residential and Agricultural (RA-.Sa), for approximately 2.020 acres of land.
4. Objectives: "The applicants are proposing to create four half-acre residential-
agricultural lots using 23,277 square feet from pazcel k124 and 64,707 square feet from
parcel #140. The existing lots presently have two access points off Mamalahoa
Highway that will accommodate the four proposed lots. One of the existing lots (#124)
is fully improved with two homes that will remain and a pasture. The other proposed
lot (#140) is vacant pasture land which is fully fenced."
5. Supportive Information: The applicants have submitted the following in support of
the request: (See Exhibit A -State Land Use Boundary Amendment and Change of
Zone Appfications.)
STATE AND COUNTY PLANS
6. SLU: The present State Land Use district designation is "Urban" for TMK: 6-4-1:124.
The eastern portion of TMK: 6-4-1:140 is already located within the State Land Use
"Rural" District, whereas the azea of request is located within the State Land Use
"Agricultural" District.
7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density
Urban Development. This allows for village and neighborhood commercial and
residential and related functions (3-story commercial, residential-up to 35 units per
acre).
8. General Plan Consistency: Economic, Housing, Environmental Quality, Land Use
Residential Element goals, policies and courses of action for South Kohala.
9. Hawaii State Plan Consistency: Economy, Population, Physical Environment, Land
and Air Quality, Water, Facility Systems for Solid and Liquid Wastes, Socio-Cultural
Advancement (Housing) objectives and policies.
10. Waimea Design Plan: The subject property is located within the study area of the
Waimea Design Plan. The Waimea Design Plan was adopted as Resolution No. 214-86
by the County Council on October 1, 1986. The land use concept map of the Waimea
Design Plan designates the subject property for future urban development.
11. County Zoning: TMK: 6~1-01:124 is currently zoned Single Family Residential- `
15,000 (RS-15). TMK: 6-4-01:140 is split zoned with a portion already zoned RA-.5
(71,113 square feet) and the remaining 64,606 squaze feet under request as zoned
_2_
Agricultural (A-Sa).
12. SMA: The property is not situated within the Special Management Area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
13. Property: The subject request consists of two contiguous parcels with the area of
request totalling approximately 2.020 acres of land. The portion of TMK: 6-4-1:140,
under request, is rectangulaz-shaped and comprises of approximately 64,707 square feet
and is currently used as pasture. TMK: 6-4-1:124 is asquaze-shaped lot comprised of
approximately 23,277 squaze feet with two existing single family dwellings. An Ghana
Dwelling Permit was issued by the Planning Director in 1998 for the second dwelling.
14. Surrounding Zoning/Land Uses: The eastern section of TMK: 6-4-1:140 is already
within the State's Rural District and zoned Residential and Agricultural (RA-.Sa) by the
County. The applicants successfully petitioned and was approved by the County
Council in 1998 for a State land Use Boundary Amendment (Ordinance No. 98-22) and
Change of Zone (Ordinance No. 98-23) for this section of TMK: 6-4-01:140. The
properties located immediately to the north and south of TMK: 6-4-1:124 aze within Ute
State's Urban District and zoned Single Family Residential (RS-15) by the County.
Lands further to the north and east are in the State's Agricultural District and zoned
Agricultural (A-la and A-Sa) by the County. The surrounding lands south of the
subject property aze located in the State's Urban District and zoned Neighborhood
Commercial (CN-7.5) by the County. Lands to the west aze within the State's Urban
District and zoned Open (O) by the County. Surrounding land uses include vazious
single-family residential, commercial, public and agricultural uses.
15. FIRM: The subject property is located within Zone X, azea determined to be outside
the 500-yeaz flood plain.
16. Agricultural Lands of Importance to the State of I3awau (ALISI~ System: A
portion of the subject property located within 400 to 500 feet of the Mamalahoa
Highway is classified as existing urban development. Immediately maulta of the
existing urban lands aze "Prime" agricultural land and the remainder of the property is
classified as "Other Important Agricultural lands". "Prime" agricultural lands have the
_3_
soil quality, growing season and moisture supply needed to produce high sustained
yields of crops economically when treated and managed according to modern farming
methods.
17. U.S. Soil Survey: There aze two types of soil on the subject property. The soil
neazest the highway is classified as Kikoni very fine sandy loam (Kfa). This is soil on
the Waimea plains. The surface layer has lost its strong granular structure where it has
been continuously cultivated. In some azeas gravel is in the lower part of the profile.
This soil is used for truck crops. The majority of the project site is classified Maile silt
loam (MLD). This soil consists of well-drained silt loatns that formed in volcanic ash.
In a representative profile, the surface layer is about 14 inches thick and consists of
reddish-brown to very dazk brown silt loam. The subsoil is about 46 inches thick and
consists of dazk yellowish-brown and very dazk brown silty clay loam. The subsoil
dehydrates irreversibly into fine sand-size aggregates. The profile grades from medium
acid in the surface layer to slightly acid and neutral in the subsoil. Permeability is
moderately rapid, runoff is slow and the erosion hazard is slight. This soil is used for
pasture and woodland.
18. Land Study Bureau's Detailed Land Classification System: Soils within the subject
property aze classified as "B" (Good), portion within approximately 400-500 feet of
Mamalahoa Highway, and "C" (Fair), majority of the property, for agricultural
productivity by the Land Study Bureau.
19. F1ora/Fauna Resources: According to the applicants'~environmental report,
"Common anitnal species in the area include field mice. There is no known or
recorded raze or endangered animal or plant life in the azea."
20. Archaeological Resources: According to the applicants' environmental report, "There
is no evidence of historical or cultural features on the pazcel, nor did the records in the
Planning Department disclose any significant fmdings attributable to the subject
property. Since the site has been extensively grazed by cattle, it is expected that no
archeological features exist on the property..." Based on the applicants' statement, the
proposed action will not have any effect on significant historic sites. Nevertheless, a
-q-
condition will be included to require the notification of the Planning Department should
any archaeological sites be encountered during the course of development.
PUBLIC UTILITIES AND SERVICES
21. Access: Access to the project site is off Mamalahoa Highway which has aright-of--way
width of 60 feet with a 20 feet wide pavement. According to the applicants, access for
the proposed four 1/2-acre lots will be via two private roads, one along the western
boundazy of TMK: 6-4-1:140 and the other abutting the southern boundary of
TMK: 6~-1:124. It should be noted that according to the Real Property Tax Division,
the applicants have 1/3 interest in the roadway lot which runs along Ute western
boundary of TMK: 6-4-1:140.
22. Water. According to the Department of Water Supply, water is available from
existing 6-inch, 8-inch and 12-inch water lines via 5/8- inch meters. An additional 5/8-
inch meter is required for TMK: 6-4-1: 124 with necessary waterline improvements.
23. Wastewater: According to the Department of Health, the property is situated within
the Critical Wastewater Disposal Area and therefore, the applicant would be required
to dispose wastewater into septic tank systems.
24. Utilities: Electrical and telephone service aze or will be made available to the
property.
AGENCIES' COMMENTS
25. Department of Finance-Real Property Tax (May 28, 1999 Memo):
"Property receiving agricultural use value. Possible rollback taxes. Status of real
property taxes: Current."
26. Police Department (May 17, 1999 Memo):
"Staff reviewed the above-referenced application and found no adverse effects to public
safety or traffic created by the proposed action."
27. Department of Transportation (May 28, 1999 Letter): \
"Thank you for your transmittal requesting our comments on the subject applications.
"The subject action will not impact our State transportation facilities.
"We appreciate the opportunity to provide comments."
-5-
28. Department of Health (May 12, 1999 Memo):
"The subject lots are located in the Critical Wastewater Disposal Area where cesspools
are not allowed because of water pollution concerns. Any development on these lots
would require all wastewater be disposed into a Septic Tank System."
Applicants' Response: (See Exhibit F -May 31, 1999 Letter)
29. Department of Land and Natural Resources, Land Division (May 25, 1999 Letter):
"We have reviewed the subject application and have no comments to offer regarding
this matter.
"Thank you for the opportunity to review this application. "
30. Office of Housing and Community Development (May 10, 1999 Memo):
"Affordable housing conditions, pursuant to the current affordable housing policy,
should be applicable to the affected residential portion of this request.
"Thank you for the opportunity to comment."
Applicants' Response: (See Exhibit F -May 31, 1999 Letter)
31. Department of Public Works: (See Exhibit B -May 26, 1999 Memo)
Applicants' Response: (See Exhibit G -June 7, 1999 Letter)
32. Fire Department: (See Exhibit C -May 11, 1999,Memo)
Applicants' Response: (See Exhibit F -May 31, 1999 Letter)
33. State Land Use Commt~~ion: (See Exhibit D -May 17, 1999 Letter)
34. Waite Community Association: (See Exhibit E -May 21, 1999 Letter)
35. Department of Water Supply (See Exhibit H -June 22, 1999 Letter)
AGENCIES - NO RESPONSE
36. Department of Land and Natural Resources, State Historic Preservation Division
and Land Management Division; Department of Agriculture; and Natural
Resources Soil Conservation.
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COUNTY OF HAWAII PLANNING DEPARTM..dT
APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT
(15 ACRES OR LESS)
APPLICANT: Dr. William C. and Patricia C. Berzin
APPLICANT'S SIGNATURE: Cc-Ewe-~~«-~-^•- G GG1/t~u.al Y
MAILING ADDRESS: 62-2279 B Kanehoa Drive
xgamuela
K::~~~¢o~t. Hawaii 96743
TELEPHONE; (BUS) 885-4454 (HOME) 885-4466
LANDOWNER: Dr Wit iam G and Patricia c. RPrgin
LANDOWNER'S SIGNATURE: r ~ ~u r~~
TAX MAP KEY: 6-4-01:124 & 14
LAND AREA: •124 0 534 acres and •140 1.486 acr s rural of 7_r» n arroc
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Urban and Agricultural
REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural
THE APPLICANT SHALL SUBMIT T$E FOLLOWING:
A. Non-refundable filing and processing fee of two hundred dollars.
B. Original and fifteen copies of:
1. Application form.
2. Location map.
3. Preliminary site plan, drawn to scale, with all existing
and proposed structures and improvements shown thereon.
4. Reasons for the requested change and written description of
the property and proposed development, including but not
limited to:
a. The extent to which the proposed reclassification
conforms to the applicable goals, policies, standards,
and courses of action of the General Plan and
implementing ordinances, plans and documents; and
b. The extent to which the proposed reclassification
conforms to the applicable district standards.
C. A minimum 2-foot by 3-foot presentation map requested under 8.3,
above . ~~B
0400q
.a-,
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: C~-E.-t-• I ~ . i,,;
APPLICANT'S SIGNATURE: Dr. William C, and Patricia C. Berein DATE: 4 ~
ADDRESS: 62-2279 B Kanehoa
Kamuela, Hawaii 96743
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 885-4454 (Res.) RRS-44ff, (Fax)
LANDOWNER(S): 't*. wttt;am r- a„a anrrtntn r n,~~;,,
LANDOWNER SIGNATURE(S): 4 DATE: 4/21/99
(M be by letter)
LANDOWNER(S) ADDRESS: 62-2279 B ~ne a Dr. Kamuela, Haw i 96743
REQUEST: Residential -15 and Agricultura~05- acre to Residential-Agricultural 0.5 acre
b-~~~~2=40 (Proposed ZoninS)
TAX MAP KEY:
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 2.020 acres
AGENT: Mooers Enterprises, Gregory R. liooers
ADDRESS: P.D. Box 1101
Rarmrela, Hawaii 96743
TELEPHONE:(Bus.) 885-6839 (Ra,) 885-7126 (Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Mooers COPIES: Ber¢in
(See Instructions on Reverse Side)
a::AC:n~~T
Aericultural Rezoning
PLANNING DEPARTMENT
COUNTY VF HA[dAII
APPLICATION FOR CHANGE OF ZONE
1. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If v`s, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 2.020 acres
b. Into what lot sizes? 0.5 acres
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? Lv~ar_
d. Do you intend to build houses on the newly created lots?
If ves, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you Intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of-zone application
form. enclosed
2. If you have no firm plena of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
c. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
P.D. 2 5/84
f. If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also, include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
Four residential-agricultural lots will be created in this
highly desirable ranching community.
4. Are there any buildings on the subject area? Yes lot 124)
If so, what kind?
There are two single-family residences on lots 11124 with carports.
What do you intend to do with those buildings if your request is
approved?
The homes will remain.
5. Is the subject land currently being used fot any agricultural activity? yes
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
A portion of Lot 124 and all of Lot 140 are used for pasture.
6. Was youi request to allow for the creation of smaller agricultural
lots? No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitablility of the proposed lot-size for that commodity?
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d. agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form o*"
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? Nn
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume or load? vow
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yea ~o
a. Schools X
b. Roads X
X
c. Sewer
X
d. Drainage
-3-
Yes ~o
e. Police Protection X
f. Fire Protection x
g. Recreational Facilities X
h. Public Utilities ~
i. 0-Cher
For those checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature: C4.~iLL..crv...
Address: 62-2279 B Kanehoa Drive Kamuela, Hawaii 6743
Telephone: 885-4466
Date: April 21, 1999
-4-
RECLASSIFICATION FROM URBAN AND AGRICULTURAL
TO RURAL DISTRICT
CHANGE OF ZONE REQUEST RECLASSIFICATION FROM
RESIDENTIAL 15,000 S.F. & AGRICULTURAL 5-ACRES
TO RESIDENTIAL-AGRICULTURAL 0.5-ACRES
PETITIONERS: DR. WILLIAM C. AND PATRICIA C. BERGIN
TAX MAP KEY: (3) 6-4-01:124 & 140
We are requesting a reclassification of the subject properties from the State Land Use
Urban and Agricultural Districts to the Rural District and a Change of Zone from the
Residential 15,000 s.f. (RS-15) and Agricultural five-acre (A-Sa) zones to the Residential-
Agricultural half acre (RA-0.5a) zone. The contiguous subject properties (2.020 acres)
aze located in the Puukapu Homesteads, First Series on the north side of Mamalahoa
Highway behind C&S Cycle and Surf, approximately 200 feet east of Kamamalu Street at
Puukapu, Waimea, South Kohala, Hawaii TMK: 6-4-01:124 & 140. A metes and bounds
description of both parcels and a survey map are attached.
GENERAL INFORMATION
1. Dr. Wiliam C. and Patricia C. Bergin are the fee owners of the subject properties.
PROPOSID DEVELOPMENT
2. The applicants aze proposing to create four half-acre residential-agricultural lots using
23,277 s.f. from parcel #124 and 64,707 s.f. from parcel #140.
3. The existing lots presently have two access points off of Mamalahoa Highway that will
accommodate the four proposed lots. See accompanying map.
4. One ofthe two existing lots (#124) is fi?liy improved with two homes that will remain
and a pasttrn. The other proposed lot (#140) is vacant pasture land which is fully
fenced
5. Electrical, telephone and cable television service are available to both existing lots
through the overhead utility system located along Mamalahoa Highway.
6. The applicants do not intend to improve proposed lots G-3A-1, G-3-A-2 or G-3A-3 at
this time.
APPLICANT'S STATEMENT
7. In support of this application, the applicants have submitted the following: (See
attached statement.)
STATE AND COUNTY PLANNING
8. The present State Land Use district designation is Agriculture for parcel #140 and
Urban for parcel # 124.
9. The General Plan Land LJse Pattern Allocation Guide (I.LTPAG) map designates the
property as Medium Density Urban Development.
10. Parcel #124 is located within the County's Residential 15,000 s.f. (RS-15) zone and
parcel #140 is located within the County's Agricultural 5-acre (A-Sa) zone.
11. Neither of the existing parcels is located within the Special Management Area of the
County of Hawaii.
DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA
12. The property is a combined 2.020 acre parcel located on the north side of Mamalahoa
Highway, approximately 200 feet east ofKamamalu Street, behind C&S Cycle and
Surf.
13. Parcel #124, 0.534 acres, is improved with two homes and a fenced pasture. Parcel
#140, 1.486 acres, is vacant pasture land that is fully fenced.
14. Since both lots have been previously grazed by cattle and extensively graded for
development, it is expected that no archaeological features exist on the property or
that it provides a habitat for endangered plants or animal species.
15. There is no evidence of historical or cultural features on the parcel, nor did the records
in the Planning Department disclose arty significant findings attributable to the subject
property.
16. Common animal species in the area include field mice. There is no known or recorded
rare or endangered animal or plant life in the area.
17. The topography of the site is fairly level with slopes less than 5%.
18. The elevation is approximately 2,800 feet above mean sea level and the average annual
rai~'aD is 40 - 45 inches.
19. The iiaited States Department of Agricuhure Soil Survey identifies the soil type to be
Made Series (MI.D). This soil consists ofwell-drained, silt loams that formed in
volcanic ash. In a representative profile, the surface layer is about 14 inches thick and
consists of reddish-brown to very dark brown, silt loam. It is underlain by fine sand-
size aggregates of about 46 inches thick. Permeability is moderately rapid, runoff is
slow and the erosion hazard is slight. These soils are used for pasture and wildlife
habitat.
20. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH)
classification system, the property is classified from south to north as existing urban
development, prime agricultural lands and other important agricultural lands.
21. The Land Study Bureau Overall Productivity for this area is "C", Fair.
22. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the
property as Zone "X", an azea determined to be outside of the 500 year flood plain.
23. The surrounding properties to the south of the subject property aze located in the
State's Urban district and are zoned CN-7.5 by the County. The property immediately
to the east of the subject parcels are in the State's Rural district and are zoned RA-0.5
by the County. Further to the east are properties within the State Agricultural district
and zoned a combination of A-Sa and A-la by the County. The property located north
and south of parcel #124 aze within the Urban district and aze zoned RS-15.
24. To the west the adjoining cemetery and Church Row Pazk are zoned open by the
County.
25. The uses of the property in the immediate area to the north and east are
ruraUresidential in character with minimal agricultural activities. The properties to the
south along Mamalahoa Highway are in commercial uses. The properties to the west
are used for a cemetery, park, and churches.
26. The property on the south side of Mamalahoa Highway are zoned and used for
commerdal operations.
PUBLIC FAC'rt.177FS AND UT'II.ITIES
27. The property is accessed from Mamalahoa Highway which has a 60 foot right-of--way
with a 20-foot pavement. Access to both parcels are through private roadway lots.
28. The site is serviced by Department of Water Supply water via a 12" line in the
Mamalaltoa right-of--way.
29. Electrical, telephone and cable service are provided to the project site via the overhead
utility service in the Mamalahoa Highway right-of--way.
30. This area is not serviced by a municipal sewer system. All lots in this area dispose of
wastewater through individual wastewater treatment systems. The applicant uses such
a system for the existing homes on lot #124 and proposes that any other structures
buih on the new lots would use an individual wastewater treatment system meeting
with the standards and requirements of the State Department of Health. The
Department of Health has identified this area as a critical wastewater treatment area
and therefore the applicants would be required to dispose of their wastewater into a
septic tank system.
31. The nearest police station is located one-quarter of a mile southwest of the site on
Kamamalu Street.
32. The nearest fire station is located one-quarter of a mile southwest of the site on
Kamamalu Street.
33. The nearest public recreation facility is Waimea Park and Anuenue Playground located
two miles west of the site. Hapuna Beach Park is eleven miles to the west of the site.
Spencer Beach Park is located ten miles west of the site.
34. Public schools (two miles west) and private schools (4 miles west) provide educational
services to the area.
APPLICANTS' STATEMENT FOR
RECLASSIFICATION FROM URBAN AND AGRICULTURAL
TO RURAL DISTRICT
CHANGE OF ZONE REQUEST RECLASSIFICATION FROM
RESIDENTIAL 15,000 S.F. & AGRICULTURAL 5-ACRES
TO RESIDENTIAL-AGRICULTURAL 0.5-ACRES
PETITIONERS: DR WILLIAM C. AND PATRICIA C. BERGIN
TAX MAP KEY: (3) 6-4-01:124 & 140
1. The applicants believe the approval of the reclassification from the State Land
Use Agricultural to the Rural District will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land
Use Commission Rules, the County General Plan and the Hawaii State Plan.
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small farms; provided that the areas need not be
included in this district if their inclusion will alter the general characteristics
of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less
than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in areas where "city-like" concentration of
people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with the low-density residential lots; and
(3) Generally, parcels of land not more than five saes; provided it may include
other parcels of land which are surrounded by, or comiguous to this district,
and are not suited to low-density residential uses for small farm or agricultural
uses.
2. The applinnta bdieve the proposed redistricting is consistent with §15-15-27 of
the Hawau Land Uae Commission Ruks that determines the Permissible uses
within the Rural district. This states: '(a) Permissible uses within the rural district '
shall include the following activities: (1)All uses permitted under section 15-15-25
relating to agricultural uses and those uses that are compatible within the agricultural
district; (2) Low-density residential uses with a minimum lot size of one-half acre.
The conunission for good cause may allow one lot of less than one-half sae, but not
less than 18,500 square feet, or an equivalent residential density, provided all other
lots in the subdivision have the minimum lot size of one-half acre. A petition for
variance may be processed under the special permit procedure pursuant to subchapter
12. This exception shall apply to lots of record existing prior to January 1, 1977, and
of not more than two acres. There shall be no more than one single-family dwelling
per one-half acre, except as may be provided for in this section." The proposed
boundary amendment is for a similar agricultural land uses and uses that are
compatible to the Agricultural designation. The proposed reclassification is also
compatible with the statutory definition ofLow-density residential lots of more than
one dwelling house. The applicant has and would like to construct Single Family
Dwellings. However, Chapter 205, Hawau Revised Statutes, does not authorize
residential dwellings as a permissible use in the Agricultural District unless the
dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is
defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and
used in conjunction with a farm, including clusters of single-family farm dwellings
permitted within agricultural parks developed by the State, or where agricultural
activity provides income to the family occupying the dwelling." Thus, the requested
boundary amendment would be in the direction of fulfilling the permissible uses of the
rural designation.
3. The applicants believe that the reclassification action would also conform to the
following goals, objectives and/or policies articulated in the Hawaii State Plan
_ relating to Socio-cultural advancement -Housing objectives and policies:
(a) Planning for the State's sorao-cultural advancement with regard to
housing shall be directed towards achievement of the following
t objectives:
(1) Greater opportunities fot Hawaii's people to secure reasonably
l priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and desires
of families and individuals.
(2) The orderly developmettt of residential areas sensitive to
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state
to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate-income and gap-group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding areas.
(5) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
4. The applicants believe the proposed boundary amendment and change of zone
would conform to the following goals and policies of the General Plan:
ECONOMIC ELEMENT
• Provide residents with opportunities to improve their quality of life.
• Economic development and improvement shall be in balance with the physical and
social environments of the island of Hawau.
• The County of Hawaii shall strive for diversity and stability in its economic system.
• The County shall provide an economic environment which allows new, expanded, or
improved economic opportunities that are compatible with the County's natural and
social envirorunent.
LAND USE ELEMENT
• Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural, and physical envirormtents of the County.
• Zone urban- and rwal- types of uses in areas with ease of access to community
services and employment cemers and with adequate public utilities and facilities.
• Promote and encourage the rehabilitation and use of urban and rural areas which are
serviced by basic community facilities and utilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community; region and County.
• The county shall encourage the development and maintenance of communities meeting
the needs of its residents in balance with the physical and social environment.
HOUSING ELEMENT
• Attain safe, sanitary, and livable housing for the residents of the County of Hawaii.
• Attain a diversity of socio-economic housing mix throughout the different parts of the
County.
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities with
decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
AGRICULTURE
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
SINGLE-FAMILY RESIDENTIAL
• To TM+aY~T~»e choices of single-family residential lots and/or housing for residents of
the County.
• To ensure compatible uses within and adjacent to single-family residential zoned areas.
• To provide single-famt7y residential azeas conveniently located to public and private
services, shopping, other community activities and convenient access to employment
centers.
• The County shall incorporate reasonable flexibility in codes and ordinances to achieve
a diversity of socio- economic housing met and to permit aesthetic balance
between single-faintly residential snvctures and open spaces ,
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for wal-style residential subdivisions in appropriate locations.
Standards and criteria for the establishment of these azeas shall be developed.
• The County shall incorporate reasonable flexibility in codes and ordinances to achieve
a diversity of socio- economic housing mix and to permit aesthetic balance between
single-family residential structures and open spaces.
• Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate locations.
Standards and criteria for the establishment of these azeas shall be developed.
5. The applicants believe the purpose and applicability of the RA district as defined
in section 25-5-50 of the zoning code is met by this proposal. The location of the
subject property is in an already established "Rural" area of South Kohala.
Section 25-5-50 states:
"The RA district provides for activities or uses chazacterized by low density
residential lots in rural areas where "city-like" concentrations of people, structures,
streets, and urban level of services are absent, and where small farms are
intermixed with low density residential lots. The RA district is intended to be only
within the state land use rural or urban districts."
6. The applicants believe that the removal of this particular 1.486 acres of land
from the State Land Uae "Agriculture" district will not jeopardize the
Agricultural land inventory of the State or the County, as a result of the poor
land quality conditions of the subject property. While a portion of the subject
property is within the State Land Use Agricultural and County's Agricultural zoned
districts, it is not currently being used for active agricultural purposes other than
grazing which is also permitted in the RA zones. The Land Use Study Bureau's Overall
Master Productivity Rating for the soils in the area is "C" or Fair. Furthermore, a
Rural classi5cation would complement the existing and future residential land use
patterns of the surrounding properties in view of the land quality of the surrounding
properties and permissible uses.
7. The applicants believe the proposed reduction of lot size to 0.5 acres is consistent
with the surrounding properties. The subject properties are adjacern and to the
west of TMK: 6-04-01:92 that was re-zoned to RA-0.5 by these applicants in 1998,
Ordinance Number 98-23.
8. The applicants believe all utilities and services are available to the property
which are essential to accommodate rural development. Access to the subject
property is off Mamalahoa Idighway which has aright-of--way width of 60 feet with
approximately 20 feet wide pavement. Water is provided by a 12-inch county water
line in the Mamalahoa Highway right-of--way. Electrical service is available to the
property from Hawaii Electric Light Co. Inc., and telephone service is available from
GTE Hawaiian Tel.
9. The applicants believe the property has no severe geological or topographical
problems which cannot be properly rectified or which would render the land
unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM)
designates the property outside of the 500-year flood plain (Zone X).
10. The applicants believe that the ezisting residential property (lot #124) is more
appropriately designated as rural This parcel has been and is being used for rural
type uses as neazly one-third of the property is used for pasturing animals. The
property is located between open spaces (cemetery, park and church uses) and land
that is already designated Rural and RA-0.5. The applicants intend to consolidate and
resubdivide the subject property in conjunction with TMK:6-04-01:92, which they
own and is already zoned RA-0.5. This proposed change of zone would prevent any
split-zoning on the resultant lots and provide for maximum design flexibility.
11. The applicants believe there is a need for rural type lots in this area of Waimea.
Marry Waimea residents keep horses and there are very few housing opportunities for
these people. The applicants have been involved in equestrian activities throughout
their lives and are in tune with the needs of this segment of the Waimea community.
Based on the above, the applicants believe the approval of the State Land Use
Boundary Amendment to the Rural Diatriet and the Change of Zone from
Residentia115,000 s.f. and Agricultural 5-acr+e to Residential-Agricultura10.5-acre
complemmta the State Land Uae District Regulations and is supportive of the State
of Hawau Plan and the County of Hawaii General Plan.
Therefore, the applicants request that this request for a State Land Use Boundary
Amendment from Urban and Agricultural to Rural District and the Change of Zone
from Residential 15,000 s.f. and Agricultural S-acrc to Residential-Agricultural
0.5-acre be given s favorable consideration
ENVIRONMENTAL REPORT FOR
RECLASSIFICATION FROM URBAN AND AGRICULTURAL
TO RURAL DISTRICT
CHANGE OF ZONE REQUEST RECLASSIFICATION FROM
RESIDENTIAL 15,000 S.F. & AGRICULTURAL 5-ACRES
TO RESIDENTIAL-AGRICULTURAL 0.5-ACRES
PETITIONERS: DR WILLIAM C. AND PATRICIA C. BERGIN
TAX MAP KEY: (3) 6-401:124 & 140
A. SUBJECT REQUEST:
The applicants are requesting a reclassification of the subject properties from the State
Land Use Urban and Agricultural Districts to the Rural District and a Change of Zone
from the Residential 15,000 s.f. (RS-15) and Agricultural five-acre (A-Sa) zones to the
Residential-Agricultural half acre (RA-O.Sa) zone. The contiguous subject properties
(2.020 acres) are located in the Puukapu Homesteads, First Series on the north side of
Mamalahoa Highway behind C&S Cycle and Surf, approximately 200 feet east of
Kamamalu Street at Puukapu, Waimea, South Kohala, Hawau TMK: 6-4-01:124 & 140.
A metes and bounds description of both parcels and a survey map aze attached.
The applicants are proposing to create four half-acre residential-agricultural lots using
23,277 s.f. from parcel #124 and 64,707 s.f. from pazcel #140. The existing lots presently
have two access points off of Mamalahoa Highway that will accommodate the four
proposed lots. See accompanying map.
One of the two existing lots (#124) is firlly improved with two homes that will remain and
a pasture. The other proposed lot (#140) is vacant pasture land which is fully fenced. The
property is presently being used for residential uses and pasturing animals. It is proposed
that four residential-agricultural lots be created to allow for similar type uses on each of
the proposed new lots.
Electrical, telephone and cable television service are available to both existing lots through
the overhead utility system located along Mamalahoa highway. The applicants do not
intend to improve proposed lots G-3A-1, G-3-A-2 or G-3A-3 at this time.
B. CONFORMANCE WITH STATE AND COUNTY PLANS:
TMK: (316-4-01:124
The State Land Use District is Urban.
The General Plan Designation is Medium Density.
The County Zoning is Residential 15,000 s.f. (RS-15).
The property is not located within the County of Hawaii's Special Management Area.
TMK: (316-4-01:140
The State Land Use District is Agricultural.
The General Plan Designation is Medium Density.
The County Zoning is Agricultural 5-acre (A-Sa).
The property is not located within the County of Hawaii's Special Management Area.
1. The applicants believe the approval of the reclassification from the State Land
Use Agricultural to the Rural District will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes, oor will it be inconsistent with the Land
Use Commission Rules, the County Gweral Plan and the Hawaii State Plan.
According to the Hawaii Land Use Commission Rules, the following three
standards shall apply when determining an area for the Rural district boundaries:
(1) Areas consisting of small fame; provided that the areas need not be
included in this district if their inclusion will alter the general characteristics
of the areas;
(2) Activities or uses as characterized by low-density residential lots of not less
than one-half acre and a density of not more than one single-family
dwelling, per one-half acre in areas where "city-like" concentration of
people, structures, streets, araf urban level of services are absent, and
where small farms aro intermixed with the low-density residential lots; and
(3) Generally, parcels of land not mon than Sve acres; provided it may include
other parcels of land which are surrounded by, or contiguous to this district,
and are not suited to low-density residential uses for small fans or agricultural
uses.
2. The applicants believe the proposed redistricting is consistent with §15-15-27 of
the Hawaii Land Use Commission Roles that determines the Permissible uses
within the Rural district This states: "(a) Permissible uses within the rural district
shall include the following activities: (1)All uses permitted under section 15-15-25
relating to agricultural uses and those uses that are compatible within the agricultural
district; (2) Low-density residential uses with a minimum lot size of one-half acre.
The commission for good cause may allow one lot of less than one-half acre, but not
less than 18,500 squaze feet, or an equivalent residential density, provided all other
lots in the subdivision have the minimum lot size of one-half acre. A petition for
variance may be processed under the special permit procedure pursuant to subchapter
12. This exception shall apply to lots of record existing prior to January 1, 1977, and
of not more than two acres. There shall be no more than one single-family dwelling
per one-half acre, except as may be provided for in this section." The proposed
boundary amendment is for a similar agricultural land uses and uses that aze
compatible to the Agricultural designation. The proposed reclassification is also
compatible with the statutory definition ofLow-density residential lots of more than
one dwelling house. The applicant has and would like to construct Single Family
Dwellings. However, Chapter 205, Hawaii Revised Statutes, does not authorize
residential dwellings as a permissible use in the Agricultural District unless the
dwelling is related to an agricultural activity or is a "farm dwelling". Farm dwelling is
defined in Section 205-4.5(a)(4), HRS, as "a single family dwelling located on and
used in conjunction with a fium, including clusters of single-family farm dwellings
permitted within agricultural parks developed by the State, or where agricultural
activity provides income to the family occupying the dwelling." Thus, the requested
boundary amendment would be in the dvection of fulfilling the permissible uses of the
rural designation.
3. The applicants believe that the reclassification action would also conform to the
following gosh:, objectives and/or polines articulated in the Hawaii State Plan
relating to Sociocultural advancement -Housing objectives sud policies:
(a) Planning for the State's socio-cultural advancemem with regard to
housing shall be directed towards achievement of the following
objectives:
(1) Greater opportunities for Hawaii's people to secure reasonably
priced, safe, sanitary, livable homes located in suitable
environments that satisfactorily accommodate the needs and desires
of families and individuals.
(2) The orderly developmatt of residential areas sensitive to
community needs and other land uses.
(b) To achieve the housing objectives, it shall be the policy of this state
to:
(1) Effectively accommodate the housing needs of Hawaii's people.
(2) Stimulate and promote feasible approaches that increase housing
choices for low-income, moderate-income and gap-group
households.
(3) Increase home ownership and rental opportunities and choices in
terms of quality, location, cost, densities, style, and size of housing.
(4) Promote design and location of housing developments taking into
account the physical setting, accessibility to public facilities and
services, and other concerns of existing communities and
surrounding azeas.
(5) Foster a variety of lifestyles traditional to Hawaii through the
design and maintenance of neighborhoods that reflect the cultures
and values of the community.
4. The applicants believe the proposed boundary amendment and change of zone
would conform to the following goals and policies of the General Plan:
ECONOMIC ELEMENT
• Provide residents with opportunities to improve their quality of life.
• Economic development and improvement shall be in balance with the physical and
social environments of the island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its economic system.
• The County shall provide an economic environmem which allows new, expanded, or
improved economic opportunities that are compatible with the County's natural and
social environment.
LAND USE ELEMIId'f
• Designate and allocate land uses in appropriate proportions and mix and in keeping
with the social, cultural, and physical environmems of the County.
• Zone urban- and Waal- types of uses in areas with ease of access to community
services and employment centers and with adequate public utilities and facilities.
• Promote and encourage the rehabilitation and use of urban and rural azeas which aze
serviced by basic community facilities and utilities.
• Allocate appropriate requested zoning in accordance with the existing or projected
needs of neighborhood, community, region and County.
The county shall encourage the development and maintenance of communities meeting
the needs of its residents in balance with the physical and social environment.
HOUSING ELEMENT
• Attain safe, sanitary, and livable housing for the residents of the County of Hawaii.
• Attain a diversity of socio-economic housing mix throughout the different parts of the
County.
• Maintain a housing supply which allows a variety of choice.
• Develop better places to live in Hawaii County by creating viable communities with
decent housing and suitable living environments for our people.
• Improve and maintain the quality and affordability of the existing housing stock.
AGRICULTURE
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
SINGLE-FAMILY RESIDENTIAL
• To maximize choices of single-family residential lots and/or housing for residents of
the County.
• To ensure compatible uses within and adjacem to single-family residential zoned azeas.
• To provide single-family residetrtial areas conveniently located to public and private
services, shopping, other community activities and convenient access to employment
centers.
• The County shall incorporate reasonable flexibility in codes and ordinances to achieve
a diversity of socio- economic housing mix and to permit aesthetic balance
between single-family residential structures and open spaces
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for Waal-style residential subdivisions in appropriate locations.
Standards and criteria for the establishment of these azeas shall be developed.
The County shall incorporate reasonable flexibility in codes and ordinances to achieve
a diversity of socio- economic housing mix and to permit aesthetic balance between
single-family residential structures and open spaces.
• Rural-style residential-agricultural developments, such as new small scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
• The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural-style residential subdivisions in appropriate locations.
Standards and criteria for the establishment of these areas shall be developed.
5. The applicants believe the purpose and applicability of the RA district as defined
in section 25-5-50 of the zoning code is met by this proposal. The location of the
subject property is in an already established "Rural" area of South Kohala.
Section 25-5-50 states:
"The RA district provides for activities or uses characterized by low density
residential lots in rural areas where "city-like" concentrations of people, structures,
streets, and urban level of services are absem, and where small farms are
intermixed with low density residential lots. The RA district is intended to be only
within the state land use rural or urban districts."
6. The applicants believe that the removal of this particular 1.486 acres of land
from the State Land Use "Agriculture" district will not jeopardize the
Agricultural land inventory of the State or the County, as a result of the poor
land quality conditions of the subjeM property. While a portion of the subject
property is within the State Land Use Agricultural and County's Agricultural zoned
districts, it is not currently being used for active agricultural purposes other than
grazing which is also permitted in the RA zones. The Land Use Study Bureau's Overall
Master Productivity Rating for the soils in the area is "C" or Fair. Furthermore, a
Rural classification would complement flu: existing and future residential land use
patterns of the surrounding properties in view of the land quality of the surrounding
properties and permissible uses.
7. The applicants believe the proposed reduction of lot size to 0.5 acres is consistent
with the surrounding properties. The subject properties are adjacent and to the
west of TMK: 6-04-01:92 that was re-zoned to RA-0.5 by these applicants in 1998,
Ordinance Number 98-23.
8. The applicants believe all utilities and services are available to the property
which are essential to accommodate rural development. Access to the subject
property is off Mamalahoa Highway which has aright-of--way width of 60 feet with
approximately 20 feet wide pavement. Water is provided by a 12-inch county water
line in the Mamalahoa Highway right-of--way. Electrical service is available to the
property from Hawaii Electric Light Co. Inc., and telephone service is available from
GTE Hawaiian Tel.
9. The applicants believe the property has no severe geological or topographical
problems which cannot be properly rectified or which would render the land
unusable. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM)
designates the property outside of the 500-yeaz flood plain (Zone X).
10. The applicants believe that the eiisting residential property (lot #124) is more
appropriately designated as rural This parcel has been and is being used for rural
type uses as nearly one-third of the property is used for pasturing animals, not a
permitted use in the RS zone. The property is located between open spaces
(cemetery, park and church uses) and land that is already designated Rural and RA-
0.5. The applicants intend to consolidate and resubdivide the subject property in
conjunction with TMK:6-04-01:92, which they own and is already zoned RA-0.5.
This proposed change of zone would prevent any split-zoning on the resultant lots and
provide for maximum design flexibility.
11. The applicants believe there is a need for rural type lots in this area of Waimea.
Many Waimea residerus keep horses and there are very few housing opportunities for
these people. The applicants have been involved in equestrian activities throughout
their ]ryes and are in tune with the needs of this segment of the Waimea community.
Based on the above, the applicants believe the approval of the State Land Use
Boundary Amendment to the Rural District and the Change of Zone from
Residential 15,000 s.f. sod Agricultural nacre to Residential-Agricultura10.5-acre
complements the State Land Use District Regulations and is supportive of the State
of Hawau Plan and the County of Hawau General Plan.
C. PHYSICAL CHARACTERISTICS AND ENVIItONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA:
1. The property is a 2.020 acre parcel located on the north side of Mamalahoa Highway
approximately 200 feet east of Kamamalu Street.
2. The property is located ten miles east of the ocean.
3. The site is presently two lots, #124 and #140. Lot #124 has two single-family homes
with carports and a small pasture. Lot #140 is fenced pasture land.
4. Since the site has been extensively grazed by cattle, it is expected that no
archaeological features exist on the property or that it provides a habitat for
endangered plants or animal species.
5. There is no evidence of historical or cultural features on the parcel, nor did the records
in the Planning Department disclose any significant findings attributable to the subject
property.
6. Common animal species in the area include field mice. There is no known or recorded
rare or endangered animal or plant life in the azea.
7. The topography of the site is fairly level with slopes less than 5%.
8. The elevation is approximately 2,800 feet above mean sea level and the average annual
rainfall is 40 - 45 inches.
9. The entire Big Island is subject to geologic hazazds, especially lava flows and
earthquakes. The Seismic Probability Rating is 3 on an ascending risk of 1 to 4. Major
damage corresponding to a score of 7 or above on the Modified Mercalli Scale is
possible.
10. The Lava Hazard Zone is 8 on a descending scale of 1 to 9. Zone 8 is defined as
having only a few percent of this area covered by lava in the past 10,000 yeazs and
none covered in the last 750 years.
11. The United States Department of Agricuhure Soil Survey idemifies the soil type to be
Made Series (MI.D). This soil consists ofwell-drained, silt loams that formed in
volcanic ash. In a represemative profile, the surface layer is about 14 inches thick and
consists of reddish-brown to very dark brown, sih loam. It is underlain by fine sand-
size aggregates of about 46 inches thick. Permeability is moderately rapid, runoff is
slow and the erosion hazard is slight. These soils are used for pasture and wildlife
habitat.
12. According to the Agricultural Lands of Importance to the State of Hawau (ALISH)
dassificatian system, the property is classified from south to north as existing urban
development, prime agricultural lands and other important agricultural lands.
13. The Land Study Bureau Overall Productivity for this area is "C", Fair.
14. The Army Corps of Engineer's Flood Insurance Rate Map (FIRM) has designated the
property as Zone X, outside of the 500 year flood plain.
15. Waimea has long been a center for ranching activities. In recent years with the
expansion of the visitor industry along the South Kohala coast, the hotels have become
the major employer in this area. The population has increased from 4,607 in 1980 to
9,140 in 1990. With the addition of the North Hawaii Community Hospital and the
continued strong reputation of the azeas private schools the population has continued
to show rapid increase.
16. The surrounding properties to the south of the subject property are located in the
State's Urban district and are zoned CN-7.5 by the County. The property immediately
to the east of the subject parcels are in the State's Rural district and are zoned RA-0.5
by the County. Further to the east are properties within the State Agricultural district
and zoned a combination of A-Sa and A-la by the County. The property located north
and south of parcel #124 are within the Urban district and are zoned RS-15.
17. To the west the adjoining cemetery and Church Row Pazk are zoned open by the
County.
18. The uses of the property in the immediate area to the north and east are
ruraUresidential in character with minimal agricultural activities. The properties to the
south along Mamalahoa Highway are in commercial uses. The properties to the west
are used for a cemetery, pazk, and churches.
19. The property on the south side of Mamahthoa Highway are zoned and used for
commercial operations.
D. PUBLIC FACII.ITIES AND SERVICES:
1. The property is accessed from Mamahthoa FLghway which has a 60 foot right-of--way
with a 20.foot pavement. Access to both parcels are through private roadway lots.
2. The ate is serviced by Department of Water Supply water via a 12" line in the
Mamalahoa right-of--way.
3. Electrical, telephone and cable service are provided to the project site via the overhead
utility service in the Mamalahoa Highway right-of--way.
4. This area is not serviced by a municipal sewer system. All lots in this area dispose of
wastewater through individual wastewater treatment systems. The applicant uses such
a system for the existing homes on lot #124 and proposes that any other structures
built on the new lots would use an individual wastewater treatment system meeting
with the standards and requirements of the State Department of Health. The
Department of Health has identified this area as a critical wastewater treatment azea
and therefore the applicants would be required to dispose of their wastewater into a
septic tank system.
5. Waimea is serviced by a solid waste transfer station approximately four miles west of
the subject properties.
6. The nearest police station is located one-quarter of a mile southwest of the site on
Kamamalu Street.
7. The neazest fire station is located one-quarter of a mile southwest of the site on
Kamamalu Street.
8. The nearest public recreation facility is Waimea Park and Anuenue Playgound located
two miles west of the site. Hapuna Beach Park is eleven miles to the west of the site.
Spencer Beach Park is located ten miles west of the site.
9. Public schools (two miles west) and private schools (4 miles west) provide educational
services to the area.
E. ENVII20NMENTAL ASSESSMENT AND ANALYSIS:
1. The proposed action does not involve any immediate additional development of the
property.
2. The entire property has been gaded and utilized for single-family residences and the
pasturing of cattle in the past.
3. No raze or threatened or endangered species are present on the parcel, nor are there
unique or valuable wildlife habitats.
4. The parcel does not appear prone to flooding and is classified as Zone "X" by the
federal FIRM maps.
5. Any short term generation of noise and dust during construction will be offset by the
long term enhancement to the area in keeping with the character of the surrounding
area and land uses.
6. Noise during the construction period will be mitigated by regulating the time of day of
construction activities.
7. Dust generated during the construction period will be mitigated by standard
constnrction dust comroi measures.
8. The proposed action will resuh in slightly Beater density of residential uses and would
thus generate additional noise and arr pollution. Such increases would be negligible in
the context of existing conditions and merit no special mitigation measures.
9. The proposed action is unlikely to adversely affect scenic views. The newly created
lots are within an area of existing residemial and agricuhural uses.
10. The proposed action will lead to the addition of four agricultural-residential units in
the South Kohala area. The magnitude of this addition is not substantial considering
the district population.
11. Because adjacent parcels have land uses and densities similar to those proposed, there
would be little impact to the character of the neighborhood.
12. Because of the quality of soil and the existing use of the property, removing this parcel
from the inventory of available agricultural lands will not impact the agricultural
potential of the State or County of Hawaii. The present pasturing can continue in the
rural district and RA zone.
13. The proposed additional residential units would create only negligible new demands on
public facilities and services, all of which could be accommodated with existing
facilities.
14. The alternative to the proposed action, would be to continue to utilize the properties
for grazing and residential purposes. Grazing on lot #124 is presently not a permitted
use in the RS zone.
15. In terms of the relationship between short-term use of man's environment and the
maintenance and enhancement of long-term productivity, no short-term exploitation of
resources that would entail negative long-term consequences has been identified for
the proposed action. The construction of three additional residential units would
involve the irreversible and irretrievable commitment of only negligible quantities of
natural resources.
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE : May 26, 1999
~Le~i~cuu~,st
TO PLANNING DEPARTMENT
CS
FROM ~~NGRIN VISION~__
SUBJECT CHANGE OF ZONE APPLICATION (REZ 99-013)
STATE LAND USE BOUNDARY AMENDMENT (SLU 99-005)
Applicant: Dr. William C. and Patricia C. Bergin
Location: Puukapu, South Kohala, Hawaii
TMK: 3 / 6-4-01: 124 & 140
We have reviewed the subject application and our wmments are as follows:
1. Buildings shall conform to all requirements of code and statutes pertaining to building
construction.
2. All development generated runoff shall be disposed on-site and shall not be directed towazd any
adjacent properties.
3. All earthwork and grading shall conform to Chapter ]0, Erosion and Sediment Control, of the
Hawaii. County Code.
4. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of
the Hawaii County Code.
5. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division.
6. Mamalahoa Highway, fronting the subject property, is a County road. Planning Department shall
determine the extent of improvements necessary along Mamalahoa Highway, and the future road
widening setback. These improvements could be coordinated with the applicant's TMK: 6-4-01: ,
92 development.
7. For the proposed and the surrounding zoning, the minimum commercial roadway standard is full
curbs, gutters, and sidewalk improvements within a 60-ft. right-of--way. The existing accesses to
the proposed lots do not conform.
Should there be any questions concerning this matter, please feel free to contact Tom Pack in our Kona.
Engineering Division at 327-3530.
CKY ~ ,
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Stephen K. '_~imaahiro Eaward Bumatay
Mayor s"a OdaJ
'b:.u;tii~''
~II1TItt~T IIf ~2I~12tTTi
FIRE DEPARTMENT < -
777 i[14xa Avenne • Yell Lax, Room 6 • Hilo, Htanil 96'740.4739
May 1.1, 1999 leoal9sl-e7vr•yalaae1961-as96
' ,
To: Virginia Goldstein, Planning Director - "
From: Edward Bumatay, Acting Fire Chief
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(SLU 99-005)
REQUEST: AGRICULTURAL & URBAN TO RURAL
CHANGE OF ZONE APPLICATION (REZ 99-013)
REQUEST: AGRICULTURAL (A-Sa) & RESIDENETIAL (RS-15)
TO RESIDENTIAL ~ AGRICULTURAL (RA-.5a)
APPLICANT: DR. WILLIAM C. & PATRICIA C. BERGIN
TAX MAP KEY: 6-4-01:124 & 140
Fire apparatus access roads shall be in accordance with UFC
Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads
shall be provided and maintained in accordance with the
provisions of this section.
"(b) ~Phnre Required. Fire apparatus access roads shall be
required for every building hereafter constructed when any
portion of an exterior wall of the first story is located
more than 150 feet from fire department vehicle access as
measured by an unobstructed route around the exterior of the
building.
"SSCSPTION3: 1. When buildings are completely
protected with an approved automatic fire sprinkler ,
system, the provisions of this section may be modified.
"2. When access roadways cannot be installed due to
topography, waterways, nonnegotiable grades or other
similar conditions, the chief may require additional
fire protection as specified in Section 10.301 (b).
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To: Virginia Goldstein, Planning Director
Page 2
May 11, 1999
"3. When there are not more than two Group R, Division
3 or Group M Occupancies, the requirements of this
section may be modified, provided, in the opinion of
the chief, fire-fighting or rescue operations would not
be impaired.
"More than one fire apparatus road may be required when it is
determined by the chief that access by a single road may be
impaired by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus
access road shall meet the requirements of the appropriate
county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall
have an unobstructed vertical clearance of not less than 13
feet 6 inches.
"E%CSPTION: Upon approval vertical clearance may be
reduced, provided such reduction does not impair access
by fire apparatus and approved signs are installed and
maintained indicating the established vertical
clearance.
"(e) Permissible Modifications. Vertical clearances or
widths required by this section may be increased when, in the
opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus acceas~roade shall be designed
and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus
access road shall be as approved by the chief." (45 feet)
"(h) Turaarouada. All dead-end fire apparatus access roads ,
in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
To: Virginia Goldstein, Planning Director
'Page 3
May 11, 1999
"(i) Bridges. When a bridge is required to be used as
access under this section, it shall be constructed and
maintained in accordance with the applicable sections of the
Building Code and using designed live loading sufficient to
carry the imposed loads of fire apparatus.
"(j) c3rade. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15~)
"(k) Obstruction. The required width of any fire apparatus
access road shall not be obstructed in any manner including
parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all
times.
"(1) signs. When required by the fire chief, approved signs
or other approved notices shall be provided and maintained
for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both."
Water supply shall be in accordance with UFC Section 10.301:
"Sac. 10.301. (a) Type Required. The chief shall designate
the type and number of fire appliances to be installed and
maintained in and upon all buildings and premises in the
jurisdiction other than private dwellings. This shall be
done according to the relative severity of probable fire,
including the rapidity with which it may spread. Such
appliances shall be of a type suitable for the probable class
of fire associated with such building or premises and shall
have approval of the chief.
"(b) spacial Haaarde. In occupariciea 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, additional safeguards may
be required consisting of additional fire appliance units,
more than one type of appliance, or special systems suitable
for the protection of the hazard involved. Such devices or
appliances may consist of automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and ,
hose, fixed or portable fire extinguishers, suitable asbestos
blankets, breathing apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems are
installed, they shall be in accordance with the applicable
Uniform Fire Code Standards or standards of the National Fire
Protection Association when Uniform Fire Code Standards do
not apply.
To: Virginia Goldstein, Planning Director
Page 4
May 11, 1999
"(c) Water Supply. An approved water supply capable of
supplying required fire flow for fire protection shall be
provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the
respective county water requirements. There shall be
provided, when required by the chief, on-site fire hydrants
and mains capable of supplying the required fire flow.
"water supply may consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed systems capable of
providing the required fire £low.
"The location, number and type of fire hydrants connected to
a water supply capable of delivering the required fire flow
shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the
fire department apparatus by roadways meeting the
requirements of Section 10.207.
"(d) Fire Hydrant Markers. When required by the chief,
hydrant locations shall be identified by the installation of
reflective markers.
"(e) Timing of Installation. When fire protection
facilities are to be installed by the developer, such
facilities including all surface access roads shall be
installed and made serviceable prior to and during the time
of construction. When alternate methods of protection, as
approved by the chief, are provided, the above may be
modified or waived.
"{f) All fire alarm systems, fire hydrant systems, fire
extinguishing systems (including automatic sprinklers), Class
I, II, III (combination standpipe system) and combined
systems, basement inlet pipes, and other fire protection
systems and appurtenances thereto shall meet the approval of
the fire department as to installation and location and shall
be subject to periodic tests as required herein. Plans and
specifications shall be submitted to the fire department for
review and approval prior to installation."
EDW BUMATAY
Fir Chief
EB/mo
11.•
` O M• 7
BENJAIaN J.CAYETANO ESTNER VEDA
GOVENNOR ` ~ ExECVINE OFFICER
a
r,.,
STATE OF HAWAII
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION
P.O. Box 2359
Honolulu, HI 988042359
Telephone: 808-587-3822 _
Fax: 808-587-3827 -
May 17, 1999
C_
Ms. Virginia Goldstein
Planning Director ~
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252^
Dear Ms. Goldstein:
Subject: Application for State Land Use Boundary Amendent
(SLU 99-005) and Change of Zone (REZ 99-013),
Dr. William C. and Patricia C. Bergin, Puukapu,
Waimea, South Kohala, Hawaii, TMK 6-4-01: 124 and
140
We have reviewed the subject application forwarded by your
memorandum dated May 6, 1999, and confirm that parcel 124 is
designated within the State Land Urban District and that parcel
140 is designated within the State Land Use Agricultural
District.
For your information, parcel 124 composed a portion of the
area reclassified from the Agricultural District to the Urban
District for residential uses, pursuant to LUC Docket No.
A72-353/Mabel M. Davis. There were no conditions of approval
imposed upon the reclassification.
We have no further comments to offer at this time. We
appreciate the opportunity to comment on the subject application.
Should you have any questions, please feel free to call me
or Bert Saruwatari of our office at 587-3822.
Sincerely,
CA~~
ESTHER VEDA
Executive Officer
EU:aa
f~
WAIMEA
C'''vIIv1UNITY ASSOCIA'~'7N
P.O. Box 685 • L.:muela, Hawaii 96743
,~C'~,~
May 21, 1999
~S
Ms. vrginia Goldstein
Planning Director ~ J c^
County of Hawaii
25 Aupuni St. j
Hilo, HI 96720
Subject: Applicant- Dr. William C. & Patricia C. Bergin
TMK: 6-4-01:124 & 140
SLU 99-005 &~REZ 99-013
Dear Ms. Goldstein,
We appreciate the support of the Planning Dept. in implementing the Waimea
Design Plan by the referral of projects for Design Review.
On May 20, 1999 the Planning Committee reviewed the subject application. The
Committee finds that the project is not inconsistent with surrounding uses and
wishes to advise the Planning Dept. that it has no objections to the subject
application.
The Committee asks that the Planning Dept. consider imposing conditions of
approval that would limit uses to one dwelling per half-acre lot, as is consistent
with the Rural District. Also, it would be appropriate to require access to be from
Mamalahoa Highway and not from the unimproved Old Homestead Road near
the north of the subject properties.
Again, we thank you for the opportunity to provide a community perspective
through the review of projects within the scope of the Waimea Design Plan.
Sincerely, ~ A
v~
Ken Melrose
Secretary '
Planning Committee
CC: Mr. Greg Mooers, agent for applicant
Aza Summers, Chairman
Peter Young, President, Waimea Community Assoc.
MOOERS ENTERPRISES
P.O. Box t 1 O 1
KAMUELA, HAWAII 96743
May 31,1999
0
C
Ms. Virginia Goldstein
Director, Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720 • ~ '
_ ~
Re: STATE LAND USE BOUNDARY AMENDMENT (SLU - 99-005) r'
AGRICULTURAL AND URBAN TO RURAL DISTRICT ~ ~
CHANGE OF ZONE REQUEST (REZ 99-013)
A-Sa and RS-15 to RA-O.Sa
PETITIONERS: DR WILLIAM C. AND PATRICIA C. BERGIN
TAX MAP KEY: (3) 6-401:124 8c 140
Dear Ms. Goldstein:
I have reviewed the comments related to the applications described above from the Office of Housing and
Community Development, Fire Departrnent and Health Departrnent that you forwarded to me with your
lefts of May 28, 1999. I offer the following responses:
06ee of HousinE and Community Development:
According to Housing Ordinance No. 98-1 Chapter 11, Section 113. (a) (1), projects with less than 9 units
have no affordable housing requirement. As the maximum number of units this proposal could create is
four, there is no requirement for affordable units.
Fire Deparhomt:
These comineats are quotes from the Sre code. The applicant will comply with all applicable requirements.
Deparhnent of Health:
The applicant will comply with all requirements of the Department as related to wastewater disposal.
Shwld you or your staff have soy questions, please contact me directly. Thank you for your prompt
review of these apphcations.
S~ lY,
Doers ~y~,p
t 'S4~7~~
GRM:sp~~~ .
00461'4
PHONE: (808) 8856839
FAX: (BOB) 885-1574
cuu~ ~ r_unnrn~m.,....~
OERS ENTERPRISES
P.O. Box 1 101
KAMUELA, HAWAII 96743
June 7, 1999
Ms. Virginia Goldstein y ,
Ditedot, Planning Department ~
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720 ?
Re: STATE LAND USE BOUNDARY AMENDMENT (SLU - 99-005)
AGRICULTURAL~AND URBAN TO RURAL DISTRICT
CHANGE OF ZONE REQUEST (REZ 99-013)
A-Sa and RS-15 to RA-0.Sa
PETITIONERS: DR. WILLIAM C. AND PATRICIA C. BERGIN
TAX MAP KEY: (3) 6-4-01:124 & 140
Dear Ms. Goldstein:
Your letter of June 2, 1999 transmitted the commaris of the Departrnent of Public Works related to the
ideati5ed applications above. I offer the following response.
Comments # 1 through #5 are standard requirements of all development in the County of Hawaii and the
applicant will comply as suggested.
Comments #6 and #7 refer to Mamalahoa Highway in the vicinity of the subject properties. The applicant
is proposing Rural district and RA-0.5 coned lots and would expect that the requirements for access and
frontage would be in keeping with this rural designati~. As such, we disagree with wmment #7 when it
makes reference to "For the proposed and the surrounding mrling, the minimum commercial standard
is...°. We believe the existing accesses are crrnlplisnt with the code and the proposed rural use of the
ProP~Y and do not need improvements for the proposed use.
Should you or your staff have any questions or require additional information, please contact me directly.
S' ,
Doers ,
Presidem
GRM:sp
copy: Dr. Billy Bergin cvH~B'~
Department of Public Works T~
004'76
PHONE: (608) 8858839
FAX: (808) 885.1574
EMAIL' GMOOERS@IBM.NET
u7r
Off`, Jbi
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
I6
ni 25 AUPU NI STREET HILO, HAWAII 96720
MN~\4
TELEPHONE (BDe) 981-6660 FAX (608) 961-8657
June 22, 1999
T0: Planning Department
FROM: Milton D. Pavao. Manager
SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-005)
REQUEST: AGRICULTURAL AND URBAN TO RURAL
CHANGE OF ZONE APPLICATION (REZ 99-013)
REQUEST: AGRICULTURAL (A-5a) AND RESIDENTIAL (RS-15) TO RESIDENTIAL AND
AGRICULTURAL (RA-.5a)
APPLICANT - DR. WILLIAM C. AND PATRICIA C. BERGIN
TAX MAP KEY: 6-4-001:124 AND 140
We have reviewed the subject application for the proposed State Land Use Boundary
Amendment and Change of Zone and have the following comments.
Our research shows that Parcel 140 through subdivision No. 7018, which was approved on
September 1. 1998. had its area increased to 3.118 acres. In addition, this additional
land already had a RA-.5a zoning through ordinance No. 98-22, which became effective
March 16. 1998.
Water can be made available from an existing 6-inch waterline within the Homestead Road
fronting Parcel 140 or via an 8-inch waterline or 12-inch waterline within the Hawaii
Belt Road. Currently, each parcel has service with the Department via 5/8-inch meters.
A 5/8-inch meter service is adequate for only one dwelling at 600 gallons per day.
Parcel 124 has a second dwelling, so the installation of a separate 5/8-inch meter by the
applicant is required in accordance with Department regulations.
Pursuant to the Department's "Water Commitment Guidelines Policy." a copy of which is
being forwarded to the applicant, a water commitment may be issued. Based on the three
additional units needed for the proposed 3-lot subdivision development and the second
service to Parcel 124, the required water commitment deposit is 8450.00. Remittance of
(6.450.00 from the applicant is requested as soon as possible so that a water commitment ,
may be formally issued.
The commitment will be in writing with specific conditions and effective dates stated.
Please keep in mind that this letter shall not be construed as a water commitment. In
other words, unless a water commitment is officially effected. water availability is
subject to change depending on the water situation. For the applicant's information,
should the subject change of zone and boundary amendment be approved and a subdivision
application executed. final approval will be subject to the following requirements:
EX IBIT
//Vaf¢r nee rro~reed ~
Planning Department
Page 2
June 22. 1999
1. Construct necessary water system improvements, which shall include, but not be
limited to:
a. water mains capable of delivering water at adequate pressure and volume
under both peak-flow and fire-flow conditions; minimum diameter of mains
shall be 6 inches,
b. service laterals that will accommodate a 5/8-inch nester to each proposed lot
'and one for the second service to Parcel 124. and
c. fire hydrants spaced not more that 600 feet and within 300 feet of each lot.
Submit installation plans prepared by a professional engineer, architect. or land
surveyor, registered in the State of Hawaii.
2. Remit the prevailing facilities charge, which is subject to change. of 510.125.00.
These are due and payable upon completion of the construction of the water system
improvements and prior to final subdivision approval being granted. (These were
computed as two additional lots and one second service each at 53,375.00.)
3. Submit the appropriate documents, properly prepared and executed. to convey the
water system improvements and necessary easements to the Water Commission of the
County of Hawaii. A registered land surveyor shall stamp and certify the metes and
bounds description within the conveyance documents. Prior to water meter services
being granted to the development or any of the lots within, the conveyance
documents shall be accepted by the Water Commission and approved by Corporation
Counsel.
4. Comply with all other applicable policies and requirements of the Department's
Rules and Regulations. Noncompliance may be cause for voiding this water
commitment, at which time availability will be subject to change in accordance with
the prevailing water system conditions, policies, and Rules and Regulations.
Should there be any questions. please call our Water Resources and Planning Branch at
961-8660.
Milton D. Pavao. P.E.
Manager
BCM:gms
copy - (w/att.) Dr. William C. and Patricia C. Bergin
(w/o att.) Mr. Gregory Mooers